The Sludge (Use in Agriculture) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive No. 86/278/EEC (OJ No. L181/6) on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.

Regulation 3 prohibits sludge from sewage plants from being used in agriculture unless specified requirements are fulfilled. They include the testing of the sludge and the soil (Schedules 1 and 2).

Regulation 4 specifies precautions which must be taken after sludge from sewage plants or septic tanks is used on agricultural land.

Regulation 5 requires the occupier of land on which sludge has been used to provide the sludge producer with information about the land and the sludge used.

Regulations 6 and 7 require every sludge producer to maintain a register of the quantities of sludge produced and supplied for use in agriculture, including details of the amount of sludge used on each agricultural unit and the results of analysis of the sludge and the soil. The register is to be available to the Secretary of State for inspection, together with such information or facilities as he may reasonably require, including facilities for analysing the sludge or soil. The sludge producer is required to provide persons he supplies with the results of analysis of the sludge.

Regulation 8 makes special provision for dedicated sites, which on 17th June 1986 (the date of notification of the Directive) were dedicated to the disposal of sludge but on which commercial food crops were being grown exclusively for animal consumption.

Regulation 9 provides an offence of contravening the Regulations, which carries a maximum fine on summary conviction of level 5 on the standard scale.