PART 4Storage requirements

Manner of storage of slurry19

1

Subject to paragraph (2), an appropriate person having custody or control of slurry shall store it in a slurry storage system in relation to which the requirements of Schedule 6 are satisfied or which is an exempt structure by virtue of paragraph (3).

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 holding.

3

A slurry storage system is an exempt structure if—

a

its construction for the purpose of storing slurry was completed before 1st December 2003; and

b

it has not ceased to be an exempt structure by virtue of paragraph (4).

4

A structure to which the circumstances set out at paragraph (3) apply shall cease to be an exempt structure if—

a

any requirement of a notice under regulation 30(1) is not complied with within the period stated in the notice;

b

it is substantially enlarged; or

c

it is substantially reconstructed, unless, it appears to the Department, the risks of pollution will be reduced by such works.

5

Any reference in paragraph (4) to the period stated in a notice is to that period as extended if it has been extended under regulation 30(5) 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 30(5).

6

Any appropriate person who proposes to have custody or control of slurry which is to be kept or stored on a holding in a slurry storage system constructed, substantially enlarged or substantially reconstructed on or after 1st December 2003 shall serve notice on the Department specifying the type of structure to be used and its location at least 28 days before it is to be first used for such purpose.