Statutory Instrument 1991 No. 346 (S.35)

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991

---

© Crown Copyright 1991

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991, ISBN 0110133463. The print version may be purchased by clicking. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1991 No. 346 (S.35)

PUBLIC HEALTH, SCOTLAND

The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991

The Secretary of State, in exercise of the powers conferred on him by sections 31A, 104(1)(a) and 105(1) of the Control of Pollution Act 1974^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, extent and interpretation
    1.—(1)  These Regulations may he cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 1991 and shall come into force, for the purpose of regulation 10(2), on 20th March 1991 and for all other purposes on 1st September 1991.

    (2)  These Regulations shall extend to Scotland only.

    (3)  In these Regulations, unless the context otherwise requires—

"construct" includes install and cognate expressions shall be construed accordingly;


"farm" means land occupied as a unit for agricultural purposes;


"fuel oil" means oil intended for use as a fuel for the production of beat 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;


"livestock" means—
 (a) any animals kept for the production of food or wool; or
 (b) any birds kept for the production of food;


"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 slurry, fuel oil or, as the case may be, the crop which is being made into silage;


"river purification authority" means the river purification authority within whose area the silo, slurry storage system or fuel storage tank in question is situated or, in a case to which regulation 6(2)(a) applies, within whose area the crop which is being made into silage is kept;


"slurry" means—
 (a) excreta produced by livestock whilst in a yard or building; or
 (b) a mixture consisting wholly or mainly of such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock or any combination of these, provided such excreta is always present,
of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;


"slurry storage system" means—
 (a) a slurry storage tank;
 (b) any reception pit and any effluent tank used inconnection 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.

    (4)  In these Regulations, any reference to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these Regulations bearing that number and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.

Making of silage
    2.—(1)  Subject to regulation 6, no person shall have custody or control of any crop which is being made into silage unless—
 (a) it is kept in a silo in relation to which the requirements of Schedule 1 are satisfied or which is an exempt structure by virtue of regulation 5; or
 (b) it is compressed in the form of bales which are wrapped and sealed within impermeable membranes (or are enclosed in impermeable bags) and are stored at least 10 metres from any inland or coastal waters which effluent escaping from the bales could enter.

    (2)  No person having custody or control of any crop which is being or has been made into silage in the manner described in paragraph (1)(b) shall open or remove the wrapping of any bales unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.

Storage of slurry
    3.—(1)  Subject to paragraph (2), a person having custody or control of slurry shall store it in a slurry storage system in relation to which the requirements of Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 5.

    (2)  Paragraph (1) shall not apply to slurry while it is stored temporarily in a tanker with a capacity not exceeding 18,000 litres which is used for transporting slurry on roads or about a farm.

Storage of fuel oil on farms
    4.—(1)  Subject to paragraph (2), no person shall 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 5; 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.

Exemptions
    5.—(1)  Subject to paragraph (2), a silo, slurry storage system or fuel storage tank is for the time being an exempt structure if—
 (a) it was used or constructed before 1st March 1991 for the purpose of making silage or for storing slurry or fuel oil, as the case may be; or
 (b) a contract for its construction was entered into before 1st March 1991 or its construction was commenced before that date and in either case the work was completed before 1st September 1991,
and it has not ceased to be an exempt structure by virtue of regulation 7(1).

    (2)  A structure is not an exempt structure if it was substantially enlarged or substantially reconstructed at any time on or after I st March 1991 unless a contract for the work was entered into, or the work was commenced, before that date and in either case the work was completed before 1st September 1991.

    6.—(1)  Subject to paragraph (2), regulation 2 shall not apply where a person makes bulk bagged silage on a farm in bags which are—
 (a) made of 3 ply 1000 gauge polyethylene or material of at least equivalent impermeability and durability, and
 (b) kept sealed to prevent the escape of silage effluent.

    (2)  A person shall not be entitled to rely on the exemption conferred by paragraph (1) unless—
 (a) he gives at least 30 days' notice to the river purification authority of his intention to make silage by the method described in that paragraph in each year that he intends to use that method; and
 (b) he stores any bags in which silage is being made at a place at least 10 metres from any inland or coastal waters which effluent escaping from the bags could enter.

    (3)  No person having custody or control of any crop which has been made into silage in the manner described in paragraph (1) shall open or empty any bag in which silage has been made unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.

Loss of exemption
    7.—(1)  A structure which is an exempt structure by virtue of regulation 5 shall cease to be an exempt structure if—
 (a) any requirement of a notice under regulation 8(1) is not complied with within the period stated in the notice; or
 (b) at any time on or after lst September 1991, it is substantially enlarged or substantially reconstructed.

    (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 8(4) or by virtue of regulation 9(5) or (6) 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 8(4) or by virtue of regulation 9(5).

Notice requiring works etc. to exempt structures
    8.—(1)  Where the river purification authority is satisfied that there is a significant risk of pollution of controlled waters as a result of the use of an exempt structure mentioned in regulation 5 for storage of a relevant substance, it may serve notice on the person having custody or control of the relevant substance requiring him to carry out such of the works and to take such of the precautions and other steps contained within the requirements of Schedule 1, 2 or 3, as the case may be, as it considers appropriate for reducing that risk to a minimum.

    (2)  he 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 9.

    (3)  Any period for compliance stated in the notice shall be such period as the river purification authority 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 river purification authority 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,
and shall do so if so directed by the Secretary of State under regulation 9(5).

Appeals against notices
    9.—(1)  A person served with a notice under regulation 8 may within the period of 28 days beginning on the day on which that notice is served (or within such longer period as the Secretary of State may allow) appeal to the Secretary of State against the notice.

    (2)  An appeal under this regulation shall be made by the appellant serving notice on the Secretary of State and the notice shall contain or be accompanied by a statement of the grounds of appeal.

    (3)  At the same time as he serves such notice on the Secretary of State, the appellant shall send a copy of the notice and any accompanying statement to the river purification authority.

    (4)  Before determining an appeal under this regulation the Secretary of State shall, if requested to do so by the appellant or the river purification authority, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

    (5)  On determining an appeal under this regulation, the Secretary of State shall have power to direct the river purification authority to withdraw the notice, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.

    (6)  The period for compliance with a notice under regulation 8 shall, subject to any direction under paragraph (5), be extended by a period equal to the period beginning on the date on which notice of appeal is served and ending on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.

Notification requirements
    10.—(1)  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 silo, slurry storage system or, as the case may be, fuel storage area constructed, substantially enlarged or substantially reconstructed on or after lst September 1991 shall serve notice on the river purification authority specifying the type of structure to be used and its location at least 14 days before it is to be used for such purpose.

    (2)  A person who intends to make silage in 1991 by the method described in regulation 6(1) shall give notice of such intention to the river purification authority before 1st May 1991.

Criminal offences
    11.    A person who contravenes regulation 2(1), 2(2), 3(1), 4(1), 6(3) or lO 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.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

26th February 1991

[1] 1974 c. 40; section 31A was inserted by the Water Act 1989 (c. 15), Schedule 23, paragraph 4 and section 31A(2)(c)(i) was amended by the Environmental Protection Act 1990 (c. 43), section 145(2); section 105(1) contains definitions of "prescribed" and "regulations" which are relevant to the exercise of the statutory powers under which these Regulations are made. back

Explanatory Note