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The Animal By-Products (Wales) Regulations 2006

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Regulation 17(4)

SCHEDULE 2Ruminant derived fluid

Treatment or discharge of fluid from processing ruminant by-products

1.—(1) Any person who processes any ruminant animal by-product must–

(a)discharge or consign for discharge the fluid arising from the processing into–

(i)a public sewer in accordance with a trade effluent consent or agreement from the relevant sewerage undertaker under the Water Industry Act 1991(1); or

(ii)controlled waters (within the meaning of the Water Resources Act 1991(2)) in compliance with a discharge consent from the Environment Agency under that Act; or

(b)treat the fluid arising from the processing on the processing premises in such a way that the treated fluid has–

(i)a level of suspended solids of no more than 80 mg/litre, and

(ii)a biochemical oxygen demand of no more than 60 mg/litre,

and failure to do so is an offence.

(2) If the person who processes the animal by-products consigns fluid that has not been treated in accordance with sub-paragraph (1)(b) for discharge by another person, and that person fails to discharge it in accordance with sub-paragraph (1)(a)–

(a)both that person and the processor are guilty of an offence; but

(b)it is a defence for the processor to show that the processor believed on reasonable grounds that that person would discharge the fluid in accordance with sub-paragraph 1(a).

(3) This paragraph does not apply in relation to blood that has not been mixed with any other ruminant material.

Measurement of treated fluid

2.—(1) In order to ensure that the treated fluid complies with the levels in paragraph 1(1)(b) an operator who treats fluid in accordance with that paragraph must as a minimum carry out the following measurements.

(2) The operator must continuously monitor the level of suspended solids in the treated fluid or alternatively measure it three times a day.

(3) Once a week the operator must measure the level of suspended solids in the treated fluid by a method that conforms with “Suspended Settleable and Total Dissolved Solids in Waters and Effluents(3)”.

(4) Once a week the operator must measure the biochemical oxygen demand of the treated fluid by a method which conforms with the “5 day Biochemical Oxygen Demand (BOD5)(4)”.

(5) If any of these measurements demonstrates that the treated fluid does not comply with the levels in paragraph 1(1)(b) the operator must ensure that the operator only discharges the treated fluid in accordance with paragraph 1(1)(a) until further tests show that the treatment system is achieving the required levels.

(6) It is an offence to fail to comply with any provision of this paragraph.

Records

3.—(1) Any person who processes any ruminant animal by-products must, as soon as is reasonably practicable, record the dates and results of the measurements taken in accordance with paragraph 2.

(2) For all fluid discharged or consigned from the processing premises that person must, as soon as is reasonably practicable, record–

(a)whether the fluid was treated or untreated;

(b)the date and method of the discharge or consignment;

(c)the quantity discharged or consigned;

(d)where it was discharged, or the premises to which it was consigned; and

(e)the name of the haulier, if any.

(3) It is an offence to fail to comply with any provision of this paragraph.

Records of consignment

4.—(1) Any person who consigns any fluid arising from the processing of ruminant animal by-products (whether or not that person processed the by-products personally) from any premises must, as soon as is reasonably practicable, record–

(a)the address of the premises from which the fluid is collected;

(b)the date on which the fluid is collected;

(c)the quantity and description of the fluid, and whether treated or untreated;

(d)the place at which it is to be discharged or disposed of.

(2) He or she must give a copy to the person who transports the fluid.

(3) The transporter must keep his or her copy of the record with the consignment until the fluid is discharged or disposed of.

(4) The consignor mustl keep a copy of the record for at least two years, and the transporter must keep it for at least two years.

(5) It is an offence to fail to comply with any provision of this paragraph.

(3)

This is set out in the series “Methods for the Examination of Waters and Associated Materials” available on the Environment Agency internet web-page (http://www.environment-agency.gov.uk/nls) but previously published by HMSO as ISBN 011751957X.

(4)

This is set out in the series “Methods for the Examination of Waters and Associated Materials” available on the Environment Agency internet web-page (http://www.environment-agency.gov.uk/nls) but previously published by HMSO as ISBN 0117522120.

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