24.—(1) Subject to paragraph (3), an appropriate person shall not have custody or control of any crop which is being made into silage, or of any silage, which is being stored unless—
(a)it is kept in a silo in relation to which the requirements of Schedule 7 are satisfied or which is an exempt structure by virtue of paragraph (3);
(b)it is compressed in the form of bales which are wrapped and sealed within impermeable membranes (or are enclosed in impermeable bags) and are stored at least 10 metres from any waterway that effluent escaping from the bales could enter; or
(c)it is made as bulk bagged silage in bags which—
(i)are made of 1000 gauge polyethylene or material of at least equivalent impermeablility and durability;
(ii)are kept sealed to prevent the escape of silage effluent;
(iii)incorporate a facility designed to enable the safe removal of excess effluent when present; and
(d)are stored at a place at least 10 metres from any waterway that effluent escaping from the bales could enter.
(2) Any appropriate person having custody or control of any crop which is being made, or has been made, into silage in the manner described in paragraph (1)(b) or (c) shall not open or remove the wrapping of any bales or open or empty any bulk bags within 10 metres of any waterway that effluent escaping from the bales or bulk bags could enter.
(3) A silo is for the time being an exempt structure if—
(a)its construction for the purpose of making and storing silage 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; or
(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 any crop which is being made into silage, or of any silage, which is to be kept or stored on a holding in a silo 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.