The Water Environment (Diffuse Pollution) (Scotland) Regulations 2008

Citation and commencement

1.  These Regulations may be cited as the Water Environment (Diffuse Pollution) (Scotland) Regulations 2008 and come into force on 1st April 2008.

Amendment of the Water Environment (Controlled Activities) (Scotland) Regulations 2005

2.  The General Binding Rules in Part 1 of Schedule 3 to the Water Environment (Controlled Activities) (Scotland) Regulations 2005(1) are modified in accordance with the Schedule.

Amendment of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003

3.  The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2003(2) are amended as follows–

(a) in regulation 1(2), (citation, commencement, interpretation and extent)–

(i) insert the following definitions in the appropriate places alphabetically–

““constructed farm wetland” means a series of one or more ponds for the treatment of–

(a)

slurry of a type specified in regulation 3(4); or

(b)

silage effluent consisting mainly of rainwater,

which have been constructed in such a manner that any discharge from the ponds will not pollute the water environment;

“farm yard manure” means a mixture of bedding material and animal excreta in solid form arising from the housing of livestock (excepting such arising from the keeping of birds for the production of food);

“pesticide” has the same meaning as in section 16 of the Food and Environment Protection Act 1985(3);”;

(ii) omit “and” where it immediately precedes the defined term “slurry storage tank”;

(iii) immediately after the words “storage of slurry” where they occur in the definition of “slurry storage tank” insert–

“; and

“water environment” has the same meaning as it has in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3).”.

(b) in regulation 3, (storage of slurry)–

(i) in paragraph (1) after “paragraph (2)” insert “ and (3)”;

(ii) after paragraph (2) insert–

“(3) Paragraph (1) shall not apply to slurry of a type specified in paragraph (4) if such slurry is drained to a constructed farm wetland.

(4) The type of slurry referred to in paragraph (3) is slurry which consists mainly of rainwater and washings which derive from–

(a) a midden, which contains in a substantial majority farm yard manure and is situated where its contents can be affected directly by precipitation;

(b) an area or pathway where that area or pathway can be directly affected by precipitation, is used by livestock to move from one area to another, but is not used for the movement of livestock to or from an area where they are–

(i) milked;

(ii) housed;

(iii) fed; or

(iv) gathered or held prior to or after any of the activities referred to in paragraphs (i) to (iii);

(c) an area which–

(i) can be directly affected by precipitation;

(ii) is used for the gathering or holding of livestock for periods of 24 hours or less; and

(iii) is not an area falling within paragraph (5).

(5) An area falls within this paragraph if livestock are gathered or held on it–

(a) more regularly than once a week; or

(b) for any of the purposes referred to in paragraph (4)(b)(i) to (iv).

(6) Slurry which contains pesticide shall not be permitted to drain to a constructed farm wetland.”.

(c) in Schedule 1 (requirements for silos)–

(i) in paragraph 2, after the words “channel or pipe” insert–

“and (if so desired) to a constructed farm wetland in compliance with paragraph 10 through a separate channel or pipe;”;

(ii) after paragraph 2 insert–

“2A.   No silage effluent shall be drained to a constructed farm wetland from an effluent tank.”.

(iii) after paragraph 9 insert–

“10.   Silage effluent which consists mainly of rainwater shall be drained from the silo to a constructed farm wetland only if–

(a) the drainage takes place during the period between 1st November in one year and 30th April in the next year; and

(b) no crop which is being made into silage has been added to that silo during that period.”.

MICHAEL RUSSELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th February 2008