Published on December 29, 2007
Agricultural Waste Management: Agricultural Waste Management REGULATORY CONTROLS Including the Agricultural Waste Regulations What is Agricultural Waste?: What is Agricultural Waste? Agricultural waste is “waste from premises used for agriculture within the meaning of the Agriculture Act 1947” Waste is “..any substance or object…which the holder discards or intends or is required to discard”. Article 1(a) Waste Framework Directive What was included in the 1947 Act?: What was included in the 1947 Act? “Agriculture includes: horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and ‘agriculture’ shall be construed accordingly.” What is agricultural waste? (cont): What is agricultural waste? (cont) There is not a definitive list The holder must decide if it is discarded The Environment Agency will implement the Regulations and may decide Can be decided by case law Agricultural waste includes…… Packaging, silage film, agrochemical containers, sheep dip, veterinary waste, machinery waste (oil, batteries, tyres), building waste (inc. asbestos). Manures and Slurries: Manures and Slurries Manures and slurries are not classed as waste, providing that they are applied to land within the requirements of the COGAP and NVZs. How much Agricultural Waste is produced?: How much Agricultural Waste is produced? Over 400,000 tonnes of “non-natural” farm waste is produced per annum in the UK. This includes (England and Wales -1998) 24,000 tonnes of packaging plastic 7,000 tonnes of paper and cardboard 44,000 tonnes of non-packaging plastic 23,000 tonnes of oil Total for England & Wales is 280,000 tonnes Why are we changing?: Why are we changing? Waste Framework Directive Infraction Environment Un-regulated open burning Farm dumps and tips Pollution of the environment and harm to human health How will the Government apply the controls?: How will the Government apply the controls? Taken from the Governments Action Plan for Farming – March 2000 meeting between the PM and farmers’ leaders “…the Government will... start from the position that the Directive does not apply to manure and other natural, non-dangerous substances used on farms for agricultural benefit; ensure that, where controls are necessary, they will be proportionate to the environmental and human health risk; How will the Government apply the controls?: How will the Government apply the controls? Cont’d…. make full use of powers to provide licensing exemptions - especially for the re-use and re-cycling of waste - without charges; ensure that registration systems for exemptions and waste carriers are as simple as possible; provide that farmers carrying waste as an incidental part of their businesses are exempt from any requirement to register.” Slide11: Waste Management Licensing Exemptions What are they and how to register them. What are “Exemptions”: What are “Exemptions” Exemptions are used to enable the waste producer to manage their waste without a licence, e.g. Disposal of non-hazardous waste at place of production; and Recovery of waste Exemptions have been developed for other industries, some of which could apply to agriculture. Exemptions are registered with the Environment Agency Types and quantities of waste must be specified There is no charge for agricultural waste List of Existing Licensing Exemptions: List of Existing Licensing Exemptions Burning waste as fuel Waste used as packaging or containers Burning waste as fuel in small appliances Waste applied for the benefit of land* Waste applied for land reclamation* Preparatory treatments of certain wastes Composting waste Construction and soil materials Manufacture of finished goods * exemption will need to be renewed annually List of Existing Licensing Exemptions cont.: List of Existing Licensing Exemptions cont. Storage of waste in a secure place Wastes in secure containers Waste for construction* Preparatory treatments of waste plant matter Crushing, grinding or size reduction of bricks, tiles or concrete Waterway dredging Baling, compacting or pulverising Storing returned goods * exemption will need to be renewed annually List of Existing Licensing Exemptions cont.: List of Existing Licensing Exemptions cont. Disposal by incineration at the place of production Burning waste in the open (plant matter) Waste from sanitary conveniences with removable receptacles Storage of medicines and medical, nursing and veterinary waste Storage of waste not at the place of production Storage of waste at the place of production Proposed New Exemptions : Proposed New Exemptions There are proposed new exemptions in the Draft Regulations, applying to... Use of waste milk on farms by spreading to land Deposit of crop residue on land to rot down The draft Regulations are in the consultation paper at: www.defra.gov.uk/corporate/consult/agwaste-regs/index.htm When the Regulations are in force farmers and growers will be able to register them with the Environment Agency. How to Register an Exemption: How to Register an Exemption Farmers will need to register exemptions with the Environment Agency. Contact EA’s Agricultural Waste Helpline 0845 603 3113 The Defra “Whole Farm Appraisal” may be used, this will be available as a disc and farmers will submit information on line. The EA will then be able to access the information. Registrations will be free, for agricultural waste, and once and for all. Changes to exemptions can be made at any time. How to use the Whole Farm Appraisal: How to use the Whole Farm Appraisal Log on to Defra Website (address available after March 2006) Further information is currently available by going to www.defra.gov.uk/farm/wholefarm/default.htm or using the helpline: 0845 000 6358 THE DUTY OF CARE (CONTROLLED WASTE REGULATIONS 1992) : THE DUTY OF CARE (CONTROLLED WASTE REGULATIONS 1992) A law which states that you must take all reasonable steps to keep waste safe. If you give waste to someone else, you must ensure they are authorised to take it and transport, recycle or dispose of it safely. A description of the waste must be given. Records must be kept Further information is contained within the Code of Practice which can be found at: www.defra.gov.uk/environment/waste/management/doc/pdf/waste_man_duty_code.pdf Summary & Discussion: Summary & Discussion The same controls that apply to industrial waste will apply to agricultural waste. Licence exemptions for certain waste disposal/recovery will be available. The Duty of Care will apply.