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

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Statutory Rules of Northern Ireland

2003 No. 319

WATER AND SEWERAGE

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

Made

30th June 2003

Coming into operation

21st July 2003

The Department of the Environment, in exercise of the powers conferred on it by Article 14 of the Water (Northern Ireland) Order 1999(1) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencementN.I.

1.  These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations (Northern Ireland) 2003 and shall come into operation on 21st July 2003.

Commencement Information

I1Reg. 1 in operation at 21.7.2003, see reg. 1

InterpretationN.I.

2.—[F1(1A) The definitions of “agricultural area”, “dirty water”, “controller”, “holding” and “slurry” shall have the same meaning as in regulation 3(2) of the Nitrates Action Programme Regulations (Northern Ireland) [F22010] .]

(1) In these Regulations –

“animal” means any animal or bird bred or on agricultural land for the production of food, wool, skin or fur or for other farming purposes;

“construct” includes install;

“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;

“farm” means land occupied as a unit for agricultural purposes;

“forage crop” means any crop grown as food for animals;

“fuel oil” means oil intended for use as a fuel for the production of heat 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;

“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 –

(a)

slurry;

(b)

any crop which is being made, or has been made, into silage; and

(c)

fuel oil;

“silage” means any forage crop which is being, or has been, conserved by fermentation or preservation (including the use of additives), or both, and which is intended for consumption by animals;

“silage effluent” means –

(a)

effluent produced from any forage crop which is being made, or has been made, into silage; and

(b)

a mixture consisting wholly of or containing such effluent, rain or water coming from a silo, silage effluent collection system or drain;

“silo” means any structure used for making or storing silage;

F3...

(a)

(b)

(c)

“slurry storage system” means –

(a)

a slurry storage tank;

(b)

any reception pit and any effluent tank used in connection with the slurry storage tank; and

(c)

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.

(2) In these Regulations, any requirement for a silo, slurry storage system, fuel storage tank or any other product to comply with a specified standard shall be satisfied by compliance with:

(a)a relevant standard or code of practice of a national standards body or equivalent body of any EEA State; or

(b)any relevant international standard recognised for use as a standard by any EEA State; or

(c)a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State

in so far as the standard, code of practice, international standard or technical specification in question enables the pollution prevention objectives pursued by the present Regulations to be met in an equivalent manner.

Textual Amendments

F1Reg. 2(1A) inserted (with application in accordance with reg. 2 of the amending Rule) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(1)(a)

F3Words in reg. 2(1) omitted (with application in accordance with reg. 2 of the amending Rule) by virtue of The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(1)(b)

Commencement Information

I2Reg. 2 in operation at 21.7.2003, see reg. 1

Making and storage of silageN.I.

F43.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Storage of slurryN.I.

F54.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Storage of agricultural fuel oil on farmsN.I.

5.—(1) Subject to paragraph (2), a person shall not 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 6; 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.

Commencement Information

I3Reg. 5 in operation at 21.7.2003, see reg. 1

ExemptionsN.I.

6.  A silo, slurry storage system or fuel storage tank is for the time being an exempt structure if –

(a)it was used before 21st July 2003 for the purpose of F6... storing fuel oil;

(b)where it was not used before 21st July 2003 for that purpose, it was constructed before that date for such use; or

(c)a contract for its construction was entered into before 21st July 2003 or its construction was commenced before that date and in either case was completed before 1st December 2003

and it has not ceased to be an exempt structure by virtue of regulation 8(1).

Textual Amendments

Commencement Information

I4Reg. 6 in operation at 21.7.2003, see reg. 1

F77.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Loss of exemptionN.I.

8.—(1) A structure to which the circumstances set out at regulation 6(a) apply shall cease to be an exempt structure if –

(a)any requirement of a notice under regulation 9(1) is not complied with within the period stated in the notice; or

(b)it is substantially enlarged; or

(c)it is substantially reconstructed, unless, in the opinion of the Department, the risks of pollution will be reduced by such works.

(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 9(5) 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 9(5).

Commencement Information

I5Reg. 8 in operation at 21.7.2003, see reg. 1

Notice requiring works etc.N.I.

9.—(1) The Department may serve notice on any person, who has custody or control of any relevant substance in circumstances in which these Regulations apply, requiring that person to carry out such works, take such precautions or take such other steps as are specified in the notice and which, in the opinion of the Department, are appropriate, having regard to any requirements of these Regulations in relation to that substance, for reducing to a minimum any significant risk of pollution of water in a waterway or underground strata arising from the custody or control of that substance.

(2) The 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 10.

(3) Any period for compliance stated in the notice shall be such period as the Department 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 works, precautions or other steps as may be specified or described in the notice may include the requirement to establish and implement any measures or procedures contained in the Code of Good Agricultural Practice for the Prevention of Pollution of Water and published by the Department of Agriculture and Rural Development.

(5) The Department 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.

Commencement Information

I6Reg. 9 in operation at 21.7.2003, see reg. 1

Appeals against noticesN.I.

10.  A person may appeal by notice in writing to the Water Appeals Commission against any decision by the Department under regulation 9 within 28 days from the date on which notice of the decision of the Department is given to him.

Commencement Information

I7Reg. 10 in operation at 21.7.2003, see reg. 1

Notification requirementsN.I.

11.  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 F8... fuel storage area constructed, substantially enlarged or substantially reconstructed on or after 21st July 2003 shall serve notice on the Department specifying the type of structure to be used and its location at least 28 days before it is to be used for such purpose.

Textual Amendments

Commencement Information

I8Reg. 11 in operation at 21.7.2003, see reg. 1

OffencesN.I.

12.  A person who contravenes regulation [F95(1) or 11] 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.

Textual Amendments

Commencement Information

I9Reg. 12 in operation at 21.7.2003, see reg. 1

Sealed with the Official Seal of the Department of the Environment on 30th June 2003.

L.S.

Felix Dillon

A senior officer of the

Department of the Environment

Regulation 3(1)(a)

SCHEDULE 1N.I.REQUIREMENTS FOR SILOS

F10F10....  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F10  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Regulation 4(1)

SCHEDULE 2N.I.REQUIREMENTS FOR SLURRY STORAGE SYSTEMS

F11F11....  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F11  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Regulation 5(1)

SCHEDULE 3N.I.REQUIREMENTS FOR FUEL OIL STORAGE AREAS

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

Commencement Information

I10Sch. 3 para. 1 in operation at 21.7.2003, see reg. 1

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

(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;

(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.

Commencement Information

I11Sch. 3 para. 2 in operation at 21.7.2003, see reg. 1

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.N.I.

Commencement Information

I12Sch. 3 para. 3 in operation at 21.7.2003, see reg. 1

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

Commencement Information

I13Sch. 3 para. 4 in operation at 21.7.2003, see reg. 1

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.N.I.

Commencement Information

I14Sch. 3 para. 5 in operation at 21.7.2003, see reg. 1

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

(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.

Commencement Information

I15Sch. 3 para. 6 in operation at 21.7.2003, see reg. 1

7.  No part of the fuel oil storage area or the bund enclosing it shall be situated within 10 metres of any waterway.N.I.

Commencement Information

I16Sch. 3 para. 7 in operation at 21.7.2003, see reg. 1

Explanatory Note

(This note is not part of the Regulations.)

These Regulations require persons with custody or control of a crop being made into silage, livestock slurry or certain fuel oil to carry out works and take precautions or other steps for preventing pollution of waterways for the purposes of Part II of the Water (Northern Ireland) Order 1999.

The Regulations provide exemptions from their requirements and for loss of exemptions in certain circumstances. They also confer a right of appeal to the Water Appeals Commission for Northern Ireland and provide that contravention of certain regulations is a criminal offence.

The Regulations have been notified to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (O.J. No. L204, 21.7.98, p. 37) as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L217, 5.8.98, p. 18).

Copies of the Code of Good Agricultural Practice for the Prevention of Pollution of Water, referred to in the Regulations, may be obtained from the Department of Agriculture and Rural Development by the following means:

By post from:Countryside Management Division, DARD, Annexe D, Dundonald House, Upper Newtownards Road, BELFAST BT4 3SB
Website:www.dardni.gov.uk

Copies of the documents published by the British Standards Institute, referred to in the Regulations, may be obtained on request from any of the sales outlets of the British Standards Institute by the following means:

By post from:Customer Services, British Standards Institute, 389 Chiswick High Road, LONDON W4 4AL
By telephone:020 8996 9000 / Fax: 020 8996 7001
By Email:info@bsi-global.com
Website:www.bsi-global.com – please note that copies of the documents are not available from this Website.

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