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The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

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Regulation 2(1)(a)

SCHEDULE 1REQUIREMENTS FOR SILOS

1.  The requirements which have to be satisfied in relation to a silo are that–

(a)it complies with the following provisions of this Schedule; or

(b)it is designed and constructed in accordance with the standard on cylindrical forage tower silos as published by the BS 5502 (parts relating to Cylindrical Forage Towers).

2.  The base of the silo shall, where the silo has retaining walls made other than of earth, extend beyond those walls and shall in all cases be provided with channels so constructed as to collect any silage effluent which may escape from the silo and adequate provision shall be made for the drainage of that effluent from the channels to an effluent tank through a channel or pipe.

3.—(1) Subject to sub paragraph (2) below, the capacity of the effluent tank–

(a)in the case of a silo with a capacity of less than 1500 cubic metres, shall be not less than 3 cubic metres for each 150 cubic metres or part thereof of silo capacity; or

(b)in the case of a silo with a capacity of 1500 cubic metres or more, shall be not less than 30 cubic metres plus 1 cubic metre for each 150 cubic metres or part thereof of silo capacity in excess of 1500 cubic metres.

(2) The effluent collection system associated with silos may, with the agreement of SEPA, incorporate a system of pumps and sumps, together with detailed sizing, pumping and management requirements, designed to reduce the capacity of the effluent tank.

4.  The base of the silo, the base and walls of its effluent tank and channels and the walls of any pipes shall be impermeable.

5.  The base and any walls of the silo, its effluent tank and channels and the walls of any pipes shall, so far as reasonably practicable, be resistant to attack by silage effluent and, where the walls are made of earth, they shall be lined with an impermeable membrane.

6.  No part of the silo, its effluent tank or channels or any associated pipes shall be situated within 10 metres of any inland or coastal waters which silage effluent could enter if it were to escape.

7.  If the silo has retaining walls–

(a)the retaining walls shall be capable of withstanding minimum wall loadings calculated on the assumptions and in the manner indicated by paragraph 15.6.1 to 15.6.3 of BS 5502 (Part 22: 1993); and

(b)the silo shall at no time be loaded to a depth exceeding the maximum depth consistent with the design assumption made in respect of the loadings of the retaining walls.

8.  Subject to paragraph 9, the silo, its effluent tank and channels and any pipes shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 5 and, if applicable, 7(a) for a period of at least 20 years.

9.  Where any part of an effluent tank is installed below ground level, it shall be designed and constructed in accordance with BS 5502 as referred to in paragraph 7(a) so that with proper maintenance it is likely to satisfy the requirements of paragraphs 4 and 5 for a period of at least 20 years.

Regulation 3(1)

SCHEDULE 2REQUIREMENTS FOR SLURRY STORAGE SYSTEMS

1.  The requirements which have to be satisfied in relation to a slurry storage system are as follows.

2.  The base of the slurry storage tank, the base and walls of any effluent tank, channels and reception pit and the walls of any pipes shall be impermeable.

3.  The base and walls of the slurry storage tank, any effluent tank, channels and reception pit and the walls of any pipes shall be protected against corrosion in accordance with paragraph 7.2 of BS 5502 (Part 50: 1993).

4.  The base and walls of the slurry storage tank and any reception pit shall be capable of withstanding characteristic loads calculated on the assumptions and in the manner indicated by paragraph 5 of that Code of Practice.

5.—(1) Any facilities used for the temporary storage of slurry before it is transferred to a slurry storage tank shall have adequate capacity to store the maximum quantity of slurry which (disregarding any slurry which will be transferred directly into a slurry storage tank) is likely to be produced on a farm in any two day period, or such smaller capacity as SEPA may agree in writing is adequate to avoid any significant risk of pollution of inland or coastal waters.

(2) Where slurry flows into a channel before discharging into a reception pit and the flow of slurry out of the channel is controlled by means of a sluice, the capacity of the reception pit shall be adequate to store the maximum quantity of slurry which can be released by opening the sluice.

6.—(1) Subject to sub-paragraph (2) below, the slurry storage tank shall have adequate storage capacity for the likely quantities of slurry produced from time to time on the farm in question having regard to–

(a)the proposed method of disposal of the slurry (including the likely rates and times of disposal); and

(b)the matters mentioned in sub-paragraph (3) below.

(2) Where it is proposed to dispose of the slurry on a farm by spreading it on the land, nothing in sub-paragraph (1) above shall require the tank to have a greater storage capacity than is adequate, having regard to the matters mentioned in sub-paragraph (3) below, to store the maximum quantity of slurry which is likely to be produced in any continuous six month period.

(3) The matters to which regard is to be had under sub-paragraphs (1) and (2) above are–

(a)the storage capacity of any other slurry storage tank on the premises in question;

(b)the likely quantities of rainfall (including any fall of snow, hail or sleet) which may fall or drain into the slurry storage tank during the likely maximum storage period; and

(c)the need to make provision for not less than 750 millimetres of freeboard in the case of a tank with walls made of earth and 300 millimetres of freeboard in all other cases.

7.  No part of the slurry storage tank or any effluent tank, channels, pipes or reception pit shall be situated within 10 metres of any inland or coastal waters which slurry could enter if it were to escape.

8.  The slurry storage tank and any effluent tank, channels, pipes and reception pit shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 4 for a period of at least 20 years.

9.  Where the walls of the slurry storage tank are not impermeable, the base of the tank shall extend beyond its walls and shall be provided with channels designed and constructed so as to collect any slurry which may escape from the tank and adequate provision shall be made for the drainage of the slurry from the channels to an effluent tank through a channel or pipe.

10.—(1) Subject to sub-paragraph (2) below, where the slurry storage tank, any effluent tank or reception pit is fitted with a drainage pipe, there shall be two valves in series on the pipe and each valve shall be capable of stopping the flow of slurry through the pipe and shall be kept shut and locked in that position when not in use.

(2) Sub-paragraph (1) above does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level.

11.  In the case of a slurry storage tank with walls which are made of earth, the tank shall not be filled to a level which allows less than 750 millimetres of freeboard, and in all other cases the tank shall not be filled to a level which allows less than 300 millimetres of freeboard.

Regulation 4(1)(a)

SCHEDULE 3REQUIREMENTS FOR FUEL OIL STORAGE AREAS

1.  The requirements which have to be satisfied in relation to a fuel oil storage area are as follows.

2.  The fuel oil storage area shall be surrounded by a bund capable of retaining within the area–

(a)in a case where all the fuel oil within the storage area is contained in one fuel storage tank, a volume of fuel oil not less than 110 per cent of the capacity of the tank;

(b)in a case where all the fuel oil within the storage area is contained in more than one fuel storage tank, a volume of fuel oil not less than whichever is the greater of–

(i)110 per cent of the capacity of the largest tank within the storage area; and

(ii)25 per cent of the total volume of such oil which could be stored in tanks within the area; and

(c)in any other case, a volume of fuel oil not less than whichever is the greater of–

(i)110 per cent of the capacity of the largest container within the storage area; and

(ii)25 per cent of the total volume of such oil at any time stored within the area.

3.  The bund and the base of the storage area shall be impermeable and shall be designed and constructed so that with proper maintenance they are likely to remain so for a period of at least 20 years.

4.  Every part of any fuel storage tank shall be within the bund.

5.  Any tap or valve permanently fixed to the tank through which fuel oil can be discharged to the open shall also be within the bund, shall be so arranged as to discharge vertically downwards and shall be shut and locked in that position when not in use.

6.  Where fuel from the tank is discharged through a flexible pipe which is permanently attached to the tank–

(a)it shall be fitted with a tap or valve at its end which closes automatically when not in use; and

(b)it shall be kept locked in a way which ensures that it is kept within the bund when not in use.

7.  No part of the fuel oil storage area or the bund enclosing it shall be situated within 10 metres of any inland or coastal waters which fuel oil could enter if it were to escape.

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