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Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991, S.I. 1991/324 (as amended) in so far as S.I. 1991/324 (as amended) relates to Wales.

These Regulations have been notified to the European Commission in accordance with the European Parliament and Council Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (OJ No L 204, 21.7.98, p.37), as amended.

Regulation 3 requires any person who has custody or control of silage that is being made or stored to keep such silage in silos that meet the requirements of Schedule 1 and to take precautions and other steps for preventing pollution of waters.

Regulations 4 and 5 require any person who has custody or control of slurry or fuel oil to store such slurry or fuel oil in a slurry storage system or fuel storage tank that meets the requirements of Schedules 2 or 3.

Regulation 6 provides exemptions from the requirements of the Regulations for silo, slurry storage systems and fuel storage tanks.

Regulations 7 and 8 allow the Environment Agency to serve a notice requiring the carrying out of works or precautions to be taken for reducing the risk of pollution to controlled waters and also provide an appeal process against such notices.

Regulation 9 requires the Environment Agency to be notified of certain works to a silo, slurry storage system or fuel storage area.

Regulation 10 provides that contravention of certain regulations is a criminal offence.

The Regulations update the standards applicable to the design and construction of silos and slurry storage systems.

Copies of the documents published by the British Standards Institution referred to in the Regulations may be obtained from any of the sales outlets of the British Standards Institution, by post from the British Standards Institution, Customer Services, 389 Chiswick High Road, London, W4 4AL, by telephone on 020 8996 9001, or by email to orders@bsi-global.com .

A full Regulatory Impact Assessment has not been produced for this instrument as no impact on the private and voluntary sectors is foreseen.