Silage, Slurry & Agricultural Fuel Oil

These Silage, Slurry and Agricultural Fuel Oil Regulations came into effect on the 21st July 2003 and are designed to help prevent water pollution from agricultural sources. They bring N.I. into line with England, Wales and Scotland and reinforce much of the advice in the  DARD’s ‘Code of Good Agricultural Practice for the Prevention of Water Pollution’.

Under these Regulations, legal requirements now exist for new, substantially reconstructed or substantially enlarged stores being brought into use after 1st December 2003. A summary of these Regulations can be found in the SSAFO Leaflet (PDF 2.8 Mb). Background and guidance on the interpretation of these Regulations can be found in the Guidance notes.(PDF 2.8Mb)

Farmers must notify NIEA of any silo, slurry store or agricultural fuel oil store, constructed, substantially enlarged or substantially reconstructed on or after 21st July 2003.

Farmers can notify the Department by writing to:

SSAFO
Agriculture Regulations Team
17 Antrim Road
Lisburn
BT28 3AL

Tel: 028 92 623102
Fax: 028 92 623011

NIEA will then provide a form for notification purposes. This form can be downloaded from the following link. SSAFO Notification form (PDF 132Kb)

Slurry storage tank

The base and walls of the slurry storage tank, any effluent tank, channels and reception pit and the walls of any pipes now have to be impermeable. Any part of the system cannot be situated within 10m of a waterway.

All storage tanks now have to be fitted with two valves in series as standard, with each valve being capable of stopping the flow of slurry through the pipe.

The new Regulations have introduced the idea of `freeboard`. This is the minimum distance allowed between the top of the tank and the surface of the slurry level contained in the tank. This is to allow scope for rainfall, which could cause a tank to overflow if it was filled to the brim. In the case of earth banked slurry stores, the minimum freeboard has to be 750mm. In other cases, the freeboard has to be 300mm.

Fuel oil stores

New, substantially reconstructed or substantially enlarged Fuel oil stores are to be protected by a bund holding 110% of the volume of the tank. The bund and the base of the storage area have to be impermeable and have to be designed and constructed so that with proper maintenance they are likely to remain so for a period of at least 20 years . The Regulations concerning fuel oil storage do not apply if the total amount of oil stored on the farm does not exceed 1250 litres.2.8Mb)

Silos

The base of the silo, where the silo has retaining walls made other than of earth, has to extend beyond the walls and be provided with effluent collection channels. These channels must drain to an effluent tank.

The base of the silo, the base and walls of its effluent tank and channels and the walls of any pipes have to be impermeable.

The base and any walls of the silo, its effluent tank and channels and the walls of any pipes, so far as reasonably practicable, have to be resistant to attack by silage effluent and, where the walls are made of earth, have to be lined with an impermeable membrane.

The silo has to be designed and constructed so that with proper maintenance it is likely to last at least 20 years.

Baled silage

The SSAFO Regulations state that big bale silage should not be stored or opened within 10m of a waterway (including field drains). This rule is designed to lessen the chances of acidic and highly polluting silage effluent accidentally entering any nearby waterway in the case of a spill or rupture of any silage bales.

Loss of exemption

All structures count as exempt under the Regulations if their construction was completed before the 1st December 2003.

A structure can cease to be exempt by one the following means:

• If any requirement of a Notice is not complied with within the period stated in the Notice.
  It is substantially enlarged, or
  
• It is substantially reconstructed, unless, in the opinion of the Department, the risks of pollution will be reduced by such works.

Notices

If, on inspection by NIEA, existing or new stores are found to be posing a risk of water pollution NIEA may require their repair or improvement:

• New, substantially reconstructed or substantially enlarged stores (completed after 1 December 2003) found not to be compliant with the Regulations, may be required to be brought up to standard;
• Where necessary, a Notice can be served requiring works to be carried out;
• If the terms of a Notice are not complied with, within an agreed time-scale, the farmer could be liable to prosecution (exempt stores covered by that Notice could lose their exempt status);
• Provision is made in the Regulations for appeals to the Water Appeals Commission against such a Notice should its terms be considered unreasonable.