- Latest available (Revised)
- Point in Time (28/09/2005)
- Original (As made)
Version Superseded: 23/03/2011
Point in time view as at 28/09/2005.
There are currently no known outstanding effects for the The Animal By-Products Regulations 2005, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 17(4)
1.—(1) Any person who processes any ruminant animal by-product shall—
(a)discharge or consign for discharge the fluid arising from the processing into—
(i)a public sewer in accordance with a trade effluent consent or agreement from the relevant sewerage undertaker under the Water Industry Act 1991(1); or
(ii)controlled waters (within the meaning of the Water Resources Act 1991(2)) in compliance with a discharge consent from the Environment Agency under that Act; or
(b)treat the fluid arising from the processing on the processing premises in such a way that the treated fluid has—
(i)a level of suspended solids of no more than 80 mg/litre, and
(ii)a biochemical oxygen demand of no more than 60 mg/litre,
and failure to do so shall be an offence.
(2) If the person who processes the animal by-products consigns fluid that has not been treated in accordance with sub-paragraph (1)(b) for discharge by another person, and that person fails to discharge it in accordance with sub-paragraph (1)(a)—
(a)both that person and the processor are guilty of an offence; but
(b)it is a defence for the processor to show that he believed on reasonable grounds that that person would discharge the fluid in accordance with sub-paragraph 1(a).
(3) This paragraph does not apply in relation to blood that has not been mixed with any other ruminant material.
2.—(1) In order to ensure that the treated fluid complies with the levels in paragraph 1(1)(b) an operator who treats fluid in accordance with that paragraph shall as a minimum carry out the following measurements.
(2) He shall continuously monitor the level of suspended solids in the treated fluid or alternatively measure it three times a day.
(3) Once a week he shall measure the level of suspended solids in the treated fluid by a method that conforms with “Suspended Settleable and Total Dissolved Solids in Waters and Effluents(3)”.
(4) Once a week he shall measure the biochemical oxygen demand of the treated fluid by a method which conforms with the “5 day Biochemical Oxygen Demand (BOD5)(4)”.
(5) If any of these measurements demonstrates that the treated fluid does not comply with the levels in paragraph 1(1)(b) the operator shall ensure that he only discharges the treated fluid in accordance with paragraph 1(1)(a) until further tests show that the treatment system is achieving the required levels.
(6) It is an offence to fail to comply with any provision of this paragraph.
3.—(1) Any person who processes any ruminant animal by-products shall, as soon as is reasonably practicable, record the dates and results of the measurements taken in accordance with paragraph 2.
(2) For all fluid discharged or consigned from the processing premises he shall, as soon as is reasonably practicable, record—
(a)whether the fluid was treated or untreated;
(b)the date and method of the discharge or consignment;
(c)the quantity discharged or consigned;
(d)where it was discharged, or the premises to which it was consigned; and
(e)the name of the haulier, if any.
(3) It is an offence to fail to comply with any provision of this paragraph.
4.—(1) Any person who consigns any fluid arising from the processing of ruminant animal by-products (whether or not he processed the by-products himself) from any premises shall, as soon as is reasonably practicable, record—
(a)the address of the premises from which the fluid is collected;
(b)the date on which the fluid is collected;
(c)the quantity and description of the fluid, and whether treated or untreated;
(d)the place at which it is to be discharged or disposed of.
(2) He shall give a copy to the person who transports the fluid.
(3) The transporter shall keep his copy of the record with the consignment until the fluid is discharged or disposed of.
(4) The consignor shall keep a copy of the record for at least two years, and the transporter shall keep it for at least two years.
(5) It is an offence to fail to comply with any provision of this paragraph.
This is set out in the series “Methods for the Examination of Waters and Associated Materials” available on the Environment Agency internet web-page (http://www.environment-agency.gov.uk/nls) but previously published by HMSO as ISBN 011751957X.
This is set out in the series “Methods for the Examination of Waters and Associated Materials” available on the Environment Agency internet web-page (http://www.environment-agency.gov.uk/nls) but previously published by HMSO as ISBN 0117522120.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: