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1. (1) These Regulations may he cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991 and shall come into force, for the purpose of regulation 10(2), on 20th March 1991 and for all other purposes on 1st September 1991.
(2) These Regulations shall extend to Scotland only.
(3) In these Regulations, unless the context otherwise requires—
“construct” includes install and cognate expressions shall be construed accordingly;
“farm” means land occupied as a unit for agricultural purposes;
“fuel oil” means oil intended for use as a fuel for the production of beat or power but does not include oil intended for use exclusively as a fuel for heating a farmhouse or other residential premises on a farm and which is stored separately from other oil;
any animals kept for the production of food or wool; or
any birds kept for the production of food;
“reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank;
“relevant substance” means slurry, fuel oil or, as the case may be, the crop which is being made into silage;
“river purification authority” means the river purification authority within whose area the silo, slurry storage system or fuel storage tank in question is situated or, in a case to which regulation 6(2)(a) applies, within whose area the crop which is being made into silage is kept;
excreta produced by livestock whilst in a yard or building; or
a mixture consisting wholly or mainly of such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock or any combination of these, provided such excreta is always present,
of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;
“slurry storage system” means—
a slurry storage tank;
any reception pit and any effluent tank used inconnection with the slurry storage tank, and
any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank;
“slurry storage tank” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry.
(4) In these Regulations, any reference to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.
2. (1) Subject to regulation 6, no person shall have custody or control of any crop which is being made into silage unless—
(a)it is kept in a silo in relation to which the requirements of Schedule 1 are satisfied or which is an exempt structure by virtue of regulation 5; or
(b)it is compressed in the form of bales which are wrapped and sealed within impermeable membranes (or are enclosed in impermeable bags) and are stored at least 10 metres from any inland or coastal waters which effluent escaping from the bales could enter.
(2) No person having custody or control of any crop which is being or has been made into silage in the manner described in paragraph (1)(b) shall open or remove the wrapping of any bales unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.
3. (1) Subject to paragraph (2), a person having custody or control of slurry shall store it in a slurry storage system in relation to which the requirements of Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 5.
(2) Paragraph (1) shall not apply to slurry while it is stored temporarily in a tanker with a capacity not exceeding 18,000 litres which is used for transporting slurry on roads or about a farm.
4. (1) Subject to paragraph (2), no person shall have custody or control of fuel oil on a farm unless it is stored—
(a)in a fuel storage tank within a storage area in relation to which the requirements of Schedule 3 are satisfied;
(b)in drums within such a storage area;
(c)temporarily in a tanker used for transporting fuel oil on roads or about the farm; or
(d)in a fuel storage tank which is an exempt structure by virtue of regulation 5; or
(e)in an underground fuel storage tank.
(2) Paragraph (1) shall not apply if the total quantity of fuel stored on the farm does not exceed 1,250 litres.
5. (1) Subject to paragraph (2), a silo, slurry storage system or fuel storage tank is for the time being an exempt structure if—
(a)it was used or constructed before 1st March 1991 for the purpose of making silage or for storing slurry or fuel oil, as the case may be; or
(b)a contract for its construction was entered into before 1st March 1991 or its construction was commenced before that date and in either case the work was completed before 1st September 1991,
and it has not ceased to be an exempt structure by virtue of regulation 7(1).
(2) A structure is not an exempt structure if it was substantially enlarged or substantially reconstructed at any time on or after I st March 1991 unless a contract for the work was entered into, or the work was commenced, before that date and in either case the work was completed before 1st September 1991.
6. (1) Subject to paragraph (2), regulation 2 shall not apply where a person makes bulk bagged silage on a farm in bags which are—
(a)made of 3 ply 1000 gauge polyethylene or material of at least equivalent impermeability and durability, and
(b)kept sealed to prevent the escape of silage effluent.
(2) A person shall not be entitled to rely on the exemption conferred by paragraph (1) unless—
(a)he gives at least 30 days' notice to the river purification authority of his intention to make silage by the method described in that paragraph in each year that he intends to use that method; and
(b)he stores any bags in which silage is being made at a place at least 10 metres from any inland or coastal waters which effluent escaping from the bags could enter.
(3) No person having custody or control of any crop which has been made into silage in the manner described in paragraph (1) shall open or empty any bag in which silage has been made unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.
7. (1) A structure which is an exempt structure by virtue of regulation 5 shall cease to be an exempt structure if—
(a)any requirement of a notice under regulation 8(1) is not complied with within the period stated in the notice; or
(b)at any time on or after lst September 1991, it is substantially enlarged or substantially reconstructed.
(2) Any reference in paragraph (1) to the period stated in a notice is to that period as extended if it has been extended under regulation 8(4) or by virtue of regulation 9(5) or (6) and any reference in that paragraph to a requirement of a notice is to that requirement as modified if it has been modified under regulation 8(4) or by virtue of regulation 9(5).
8. (1) Where the river purification authority is satisfied that there is a significant risk of pollution of controlled waters as a result of the use of an exempt structure mentioned in regulation 5 for storage of a relevant substance, it may serve notice on the person having custody or control of the relevant substance requiring him to carry out such of the works and to take such of the precautions and other steps contained within the requirements of Schedule 1, 2 or 3, as the case may be, as it considers appropriate for reducing that risk to a minimum.
(2) he notice shall specify or describe the works, precautions or other steps which the person is required to carry out or take, state the period within which any such requirement is to be complied with and inform him of the effect in relation to the notice of regulation 9.
(3) Any period for compliance stated in the notice shall be such period as the river purification authority may consider reasonable in the circumstances, but no period shall end earlier than on the expiry of the period of 28 days beginning on'the day on which the notice is served.
(4) The river purification authority may at any time—
(a)withdraw the notice;
(b)extend the period for compliance with any requirement of the notice;
(c)with the consent of the person on whom the notice is served, modify the requirements of the notice,
and shall do so if so directed by the Secretary of State under regulation 9(5).
9. (1) A person served with a notice under regulation 8 may within the period of 28 days beginning on the day on which that notice is served (or within such longer period as the Secretary of State may allow) appeal to the Secretary of State against the notice.
(2) An appeal under this regulation shall be made by the appellant serving notice on the Secretary of State and the notice shall contain or be accompanied by a statement of the grounds of appeal.
(3) At the same time as he serves such notice on the Secretary of State, the appellant shall send a copy of the notice and any accompanying statement to the river purification authority.
(4) Before determining an appeal under this regulation the Secretary of State shall, if requested to do so by the appellant or the river purification authority, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(5) On determining an appeal under this regulation, the Secretary of State shall have power to direct the river purification authority to withdraw the notice, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.
(6) The period for compliance with a notice under regulation 8 shall, subject to any direction under paragraph (5), be extended by a period equal to the period beginning on the date on which notice of appeal is served and ending on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.
10. (1) A person who proposes to have custody or control of any relevant substance which is to be kept or stored on a farm in a silo, slurry storage system or, as the case may be, fuel storage area constructed, substantially enlarged or substantially reconstructed on or after lst September 1991 shall serve notice on the river purification authority specifying the type of structure to be used and its location at least 14 days before it is to be used for such purpose.
(2) A person who intends to make silage in 1991 by the method described in regulation 6(1) shall give notice of such intention to the river purification authority before 1st May 1991.
11. A person who contravenes regulation 2(1), 2(2), 3(1), 4(1), 6(3) or lO shall be guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding £20,000 or to both;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
26th February 1991