Following a consultation earlier this year, the Scottish Government has published new legislation for the protection of water. The Water Environment (Controlled Activities)
(Scotland) Amendment Regulations 2021 set out new standards for storage of slurry, silage, manure and digestates. Furthermore, the legislation also outlines new measures for slurry application. The key points are summarised below.
Silage storage (not in bags or bales)
- Stores built pre-September 1991, previously covered by grandfather rights, must now meet a new set of standards. These are lower than the British Standards for new stores, however.
- Where stores built pre-1991 are enlarged, reconstructed or remedial works conducted, they must comply with the British Standards by 1 January 2026.
- Stores built before 1 January 2022 but after 1 September 1991 must comply to the British standards by 1 January 2024.
- Stores which are built, substantially reconstructed, or enlarged after 1 January 2022, must have a 20-year life span, with proper maintenance.
- the Scottish Environment Protection Agency (SEPA) must be notified at least 30 days prior to the start of construction, substantial rebuilt, or enlarged stores or effluent tanks. Engineers Certificate to be retained for life of store.
Silage making and storage (bags or bales)
- Must not be stored, opened, or unwrapped within ten metres of surface water or opening to a surface water drain.
Slurry storage
- Where slurry is produced on farm by housed animals, storage must be sufficient for the quantity likely to be produced in 26 weeks for pigs and 22 weeks for cattle.
- New measures relating to the design of slurry storage are also introduced. Including the need to notify SEPA prior to construction.
- Systems constructed pre-1991 must now comply with a set of basic standards to ensure they are fit for purpose and protecting the environment. Where a pre-1991 system has been enlarged, reconstructed, or remedial work conducted, systems have until 1 January 2026 to comply.
- As with silage storage, systems constructed prior to 1 January 2022 have until 2024 to comply with new standards.
- If new, substantially reconstructed, or enlarged on or after 1 January 2022, a store must have a life expectancy of 20 years.
The rules for liquid digestate storage are largely in line with those for silage and slurry stores.
Slurry and liquid digestate application
- Precision spreading equipment to be used for application from 1 January 2023. This includes the phasing-out of spreading via splash plate. There will be a phased introduction by 1 January 2027 in some circumstances.
Organic fertilizer application
- Where organic fertilisers are applied, a risk assessment including a farm map is required.