[F110.—(1) The spreading of sludge on land which is not land used for agriculture within the meaning of the 1990 Regulations if—N.I.
(a)it results in ecological improvement or in the case of spreading on land used for non-food crops not grown in short term rotation with food crops, it results in benefit to agriculture;
(b)it does not cause the concentration in the soil of any of the elements listed in column 1 of the soil table set out in Schedule 2 to the 1990 Regulations to exceed the limit specified in column 2 of the table; and
[F2(c)where the [F3Nutrient Action Programme Regulations (Northern Ireland) 2019] applies the spreading shall be carried out in accordance with those Regulations]
(2) Subject to sub-paragraph (3), the storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) on land –
(a)of sludge which is to be used in accordance with the 1990 Regulations;
(b)of sludge intended to be spread in reliance upon the exemption conferred by sub-paragraph (1).
(3) Sub-paragraph (2) applies only if the following conditions are satisfied –
(a)the sludge is stored at the place where it is to be spread;
(b)no sludge is stored at a distance less than –
(i)10 metres from any waterway;
(ii)50 metres from any spring or well, or from any borehole not used for a public water supply; or
(iii)250 metres from any borehole used for a public water supply; and
(c)no sludge shall be stored for a period of more than six months.
(4) In this paragraph –
“the 1990 Regulations” means the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990(1);
“used”, in relation to sludge, has the meaning given by regulation 2(1) of the 1990 Regulations; and
“agriculture” has the same meaning as in the 1990 Regulations.
(5) In this paragraph, and in paragraph 11, “sludge” has the meaning given by regulation 2(1) of the 1990 Regulations and “spreading” shall include the injection of sludge into the surface of the land.]
Textual Amendments
F1Sch. 2 Pt. 1 para. 10(1) substituted (31.7.2006) by The Waste Management Regulations (Northern Ireland) 2006 (S.R. 2006/280), regs. 1(1), 17
F2Sch. 2 Pt. 1 para. 10(1)(c) substituted (1.1.2007) by The Nitrates Action Programme Regulations (Northern Ireland) 2006 (S.R. 2006/489), regs. 1, 29(2)(b) (with reg. 2)
F3Words in Sch. 2 Pt. 1 para. 10(1)(c) substituted (11.4.2019) by The Nutrient Action Programme Regulations (Northern Ireland) 2019 (S.R. 2019/81), regs. 1(1), 37(1)(a)
Commencement Information
I1Sch. 2 para. 10 in operation at 19.12.2003, see reg. 1(1)