Cross Compliance Notes for Guidance

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Annex 5 SMR 3: Sewage Sludge Regulations - Assessing Non-Compliance

Requirement

Definition - Description and Measurement of the extent of non-compliance

Extent - On farm/Off farm

Severity - Minimum/Medium/High

Permanence - Rectifiable (minor)/ Rectifiable/Permanent

The relevant domestic legislation on sewage sludge is due to be amended, with new regulations expected by 2006. Any changes will be published. Until then, the requirements are set out below.

The farmer must ensure that he/she only uses sludge, or allows it to be used, on agricultural land if the following requirements are met, in that the:

  • Sludge is tested in accordance with Schedule 1 of the Sludge (Use in Agriculture) Regulations 1989 (as amended) ('the Sludge Regulations');
  • Soil on the land is tested or assessed in accordance with Schedule 2 of the Sludge Regulations;
  • Average annual rate of addition to the land by means of the sludge of any elements in the sludge table in the Sludge Regulations must not exceed the specified limit.
  • Concentration in the soil of any of the elements listed in the soil table must not exceed the specified limit either at the time of using sludge or as a result of applying it;

Sludge has been applied in excess of crop requirements.

Can have an on-farm or off-farm effect

Minimum

5% or less;

Warning letter for first offence unless off-farm impact is observed.

Over 5 and up to 20% in excess of crop requirement.

Medium

Over 20 and up to 30% of crop requirement.

High

Over 30% in excess of crop requirement.

Rectifiable (minor)

Rectifiable

Rectifiable

Rectifiable

Sludge has been used in such a way that it damages the quality of the soil.

Can have an on-farm or off-farm effect

Medium

Up to 10% increase in soil heavy metal concentration above the levels specified in Schedule 2 of the Sludge Regulations.

High

Increase of 10% or more in soil heavy metal concentration above the levels specified in Schedule 2 of the Sludge Regulations

And/or :-

Sludge is applied to land where the pH is less than 5.0

In most cases:

Rectifiable

In extreme cases:

Permanent

  • pH value of the soil must not be less than 5; no fruit or vegetable crops, other than fruit trees, should be growing or being harvested in the soil at the time of the use;
  • sludge must be used in such a way that account is taken of the nutrient needs of the plants and that the quality of the soil and of the surface and groundwater is not impaired.

The farmer must take the required precautions (as set out below) after sludge or septic tank sludge has been used on agricultural land.

  • Do not graze animals or harvest forage crops for three weeks from the date of the use,
  • Do no harvest fruit and vegetable crops which are grown in direct contact with the soil and normally eaten raw for ten months from the date of the use.
  • Where any untreated sludge has been used on land without being injected into the soil, you must, as soon as reasonably practicable afterwards, work the sludge into the soil.

The farmer must supply information to the sludge producer as required under the Sludge Regulations.

Sludge has been used in such a way that the surface water is impaired.

Can have an on-farm or off-farm effect

Minimum

SEPA description of minor pollution incident.

Medium

SEPA description of medium pollution incident.

High

SEPA description of major pollution incident.

Rectifiable

Sludge has been used in such a way that the ground water is impaired.

Can have an on-farm or off-farm effect

Minimum

SEPA description of minor pollution incident.

Medium

SEPA description of medium pollution incident.

High

SEPA description of major pollution incident

In most cases:

Rectifiable

In extreme cases:

Permanent

Failure to observe cropping and grazing restrictions.

Can have an on-farm or off-farm effect

Medium

Animal health risks but limited or no implications for human health.

High

Human health risks and/or human and animal health risks.

Rectifiable

If the farmer is the sludge producer, for example by emptying a septic tank(s), then he must fully comply with the Sludge Regulations.

Failure to incorporate untreated sludge into the soil as soon as reasonably practicable.

Can have an on-farm or off-farm effect

Minimum

No human or animal health risks and/or SEPA description of minor pollution incident.

Medium

Animal health risks but limited or no implications for human health and/or SEPA description of medium pollution incident.

High

Human health risks and/or human and animal health risks and/or SEPA description of major pollution incident.

Rectifiable

Failure of farmer to supply relevant information to sludge producer.

Limited to an on-farm effect.

Minimum (Warning letter)

Information supplied but incomplete - minor omissions only.

Medium

Information incomplete - Major omissions or incorrect information supplied.

High

Information not supplied.

Rectifiable
(minor)

Rectifiable

Rectifiable

Page updated: Friday, December 09, 2005