The Nitrate Pollution Prevention Regulations 2008 (revoked)

PART 8 Calculations and records

Recording the size of the holding

35.—(1) By 30th April 2009 the occupier of a holding must record the total size of the holding calculated in accordance with regulation 12(3).

(2) If the size of the holding changes this record must be updated within one month.

Records relating to storage of manure during the storage period

36.—(1) By 30th April 2009 an occupier of a holding with livestock must calculate and record—

(a) the amount of manure that will be produced by the anticipated number of animals that will be kept in a building or on hardstanding during the storage period referred to regulation 34, using the figures in Schedule 1;

(b) the amount of storage capacity (slurry vessels and hardstanding) required to enable compliance with regulation 34 (storage capacity), taking into account—

(i) the amount of manure intended to be exported from the holding;

(ii) the amount of manure intended to be spread on land that has a low run-off risk ; and

(iii) in the case of a slurry vessel the amount of liquids other than slurry likely to enter the vessel;

(c) the current storage capacity on the holding.

(2) An occupier who introduces animals on to a holding for the first time must comply with paragraph (1) within one month of the introduction of the animals.

(3) If the amount of storage capacity changes the occupier must record the change within one week.

Annual records relating to storage

37.—(1) Before 30th April each year an occupier of a holding with livestock must record, for the previous storage period referred to in regulation 34 the number and category of animals in a building or hardstanding during the storage period.

(2) The occupier must also record the sites used for field heaps and the dates of use.

Record of nitrogen produced by animals on the holding

38.—(1) Before 30th April every year an occupier of a holding with livestock must make a record of—

(a) the number and category (in accordance with the categories in Schedule 1) of animals on the holding during the previous calendar year, and

(b) the number of days that each animal spent on the holding.

(2) The occupier must then calculate the amount of nitrogen in the manure produced by the animals on the holding during that year using the Table in Schedule 1.

(3) Alternatively, in the case of permanently housed pigs or poultry, the occupier may use—

(a) software approved by the Secretary of State; or

(b) in the case of a system of keeping livestock that only produces solid manure, sampling and analysis in accordance with Part 2 of Schedule 2.

(4) The occupier must make a record of the calculations and how the final figures were arrived at.

(5) An occupier who used software approved by the Secretary of State must keep a printout of the result.

Livestock manure brought on to or sent off the holding

39.—(1) An occupier who brings livestock manure on to a holding must, within one week record—

(a) the type and amount of livestock manure;

(b) the date it is brought on to the holding;

(c) the nitrogen content, if known; and

(d) the name and address of the supplier.

(2) An occupier who sends livestock manure off a holding must within one week record—

(a) the type and amount of livestock manure;

(b) the date it is sent off the holding;

(c) the nitrogen content;

(d) the name and address of the recipient; and

(e) details of a contingency plan to be used in the event that an agreement for a person to accept the livestock manure fails.

(3) If the nitrogen content of the livestock manure brought on to a holding is not known, the occupier must ascertain it, as soon as is reasonably practicable after arrival, and record it within one week.

(4) All nitrogen content must be ascertained using either the standard figures in Part 1 of Schedule 2 or by sampling and analysis as set out in Part 2 of that Schedule.

Sampling and analysis

40.—(1) Any person using sampling and analysis to determine nitrogen content in organic manure must keep the original report from the laboratory.

Records of crops sown

41.  An occupier who intends to spread nitrogen fertiliser must record within one week of sowing a crop—

(a) the crop sown; and

(b) the date of sowing.

Records of spreading nitrogen fertiliser

42.—(1) Within one week of spreading organic manure the occupier must record—

(a) the area spread;

(b) the quantity of organic manure spread;

(c) the date;

(d) the method;

(e) the type of organic manure;

(f) the total nitrogen content;

(g) the amount of nitrogen that was available to the crop.

(2) Within one week of spreading manufactured [F1 nitrogen] fertiliser the occupier must record—

(a) the date of spreading; and

(b) the amount of nitrogen spread.

Textual Amendments

F1 Word in reg. 42(2) inserted (28.12.2009) by The Nitrate Pollution Prevention (Amendment) Regulations 2009 (S.I. 2009/3160), regs. 1(b), 9

Subsequent records

43.—(1) An occupier who has used nitrogen fertiliser must record the yield achieved by an arable crop within one week of ascertaining it.

(2) Before 30th April each year an occupier must record how any grassland was managed in the previous calendar year.

Fertiliser Advisers Certification and Training Scheme advice

44.  An occupier must keep a copy of any advice from a person who is a member of the Fertiliser Advisers Certification and Training Scheme relied on for any purpose under these Regulations.

Duration of records

45.  Any person required to make a record under these Regulations must keep it for five years.