A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

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The Sludge (Use in Agriculture) Regulations 1989
S.I. 1989 No. 1263The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales as respects Wales and the Secretary of State for Scotland as respects Scotland, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972,1 and being the Ministers designated2 for the purposes of that subsection in relation to the regulation and control of the use of sludge in agriculture, hereby make the following Regulations:
Citation, commencement and application
1. (1) These Regulations may be cited as the Sludge (Use in Agriculture) Regulations 1989, and shall come into force on 1st September 1989.(2) Omitted by S.I. 1990/880, reg.2(2). This amendment came into force on 8 May 1990: reg.1.
Interpretation
2. (1) In these Regulations--
"agriculture" means the growing of all types of commercial food crops, including for stock-rearing purposes, and cognate words shall be construed accordingly;
"agricultural unit" means an area of agricultural land used for a single agricultural purpose, not exceeding 5 hectares;
"dedicated site" means an area of agricultural land which on 17th June 1986 was dedicated to the disposal of sludge but on which commercial food crops were being grown exclusively for animal consumption;
"the operative date" means 1st September 1989;
"sludge" means residual sludge from sewage plants treating domestic or urban waste waters and from other sewage plants treating waste waters of a composition similar to domestic and urban waste waters;
"septic tank sludge" means residual sludge from septic tanks and other similar installations for the treatment of sewage;
"sludge producer" means any person who manages a plant at which sludge is produced for disposal;
"the sludge table" means the table set out in Schedule 1;
"the soil table" means the table set out in Schedule 2;
"treated sludge" means sludge or septic tank sludge which has undergone biological, chemical or heat treatment, long-term storage or any other appropriate process so as significantly to reduce its fermentability and the health hazards resulting from its use, and "untreated sludge" shall be construed accordingly; and
"use" means spreading on the soil or any other application on or in the soil, and "used" shall be construed accordingly.

(2) In these Regulations, references to a numbered regulation or Schedule are references to the regulation or Schedule bearing that number in these Regulations.


Prohibition on use or supply of sludge

3. (1) No person shall cause or knowingly permit sludge3 to be used4 on agricultural land unless the following requirements are fulfilled; and no person shall supply sludge for use on agricultural5

____________________
1
1972 c.68.
2
S.I. 1988/785.
3
"Sludge" defined by reg.2(1) above.
4
"Used" defined by reg.2(1) above.
5
"Agricultural" defined by reg.2(1) above.

-547-

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