Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010

Applies to England

Title: The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010

Category: England Regulation

Date: 2010 (amended 2013)

Reference: SI 2010/639 [Full text], 2013/1001 [Full text], See also: DEFRA Guidance Notes for Farmers

General Description:

The 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 they relate to England.

The 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, p37), 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 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.

2013: Amendment:

In the 2010 Regulations 2010, for regulation 9 (notice of construction etc), substitute:

"9.—(1) This regulation applies to any silo, slurry or fuel oil storage system whose construction is to be begun on or after 15th June 2013 ("a new or improved store").

(2) A person who proposes to have custody or control of silage, slurry or fuel oil that is to be kept in a new or improved store must give the Agency notice specifying the type of silo or storage system and its location, at least 14 days before work constructing the new or improved store is to be begun.

(3) In this regulation, "construction" includes substantial enlargement and reconstruction.".

Pertinence to Agriculture: Agricultural Pollution, Farm Buildings, Waste, Slurry, Silage, Oil.

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