Know the new rules on Waste

Government knows farmers dump rubbish on-farm or bury waste, some of which pollutes ground waters and is harmful to human health. It is therefore proposed that the Farm Waste Regulations will apply to farming as have applied to all other sectors for many years. Under the present the waste management controls, agricultural waste is excluded.

This exclusion contravenes the Waste Framework Directive and the Landfill Directive. The legislation came into force on the 15th May 2006 and will be policed by the Environment Agency (EA). On the plus side is seen; benefits for farmers to know how and where to get rid of waste and, improved industry image.

Definition
Agricultural waste is any substance or object from premises, used for agriculture of horticulture, which the holder discards or intends or is required to discard. Therefore there is no definitive list of what is classified as waste, but agricultural waste includes the following:

• Discarded pesticide containers
• Plastics (silage wrap)
• Bags and sheets
• Packaging waste
• Tyres
• Batteries
• Clinical waste
  
• Old machinery
• Oil
• Asbestos
• Waste milk
• Crop residue

The controls
The Waste Directive does not apply to manure and other natural non-dangerous substances used for agricultural benefit.

The Environment Agency will licence anyone who wants to deposit, recover or dispose of waste.

Manure is only classified as waste when the amount spread on your land is excessive (GAEC) or, where it is exported to another farm.

The latter would receive a licence exemption if the farmer receiving it, spreads it.'

The Options
The new rules will provide five basic options for dealing with waste after 15th May 2006:

1. Store waste for up to 12 months pending collection, then after this
   period a farmer will have to dispose of or recover the waste
2. Take the waste for recovery or disposal to an appropriately licensed
   site. Don't have to register as a waste carrier to transport own waste.
3. Get an authorised waste contractor to take you waste away to a
   licensed site.
4. Register for licence exemptions with the Environment Agency to
   recycle or dispose of your own waste on site.
5. Obtain a waste management licence from the Environment Agency or a
   landfill permit to recycle or dispose of your waste on farm.

There is no charge proposed by the EA for exemption that cover agricultural waste. There are 24 exemptions including for example temporary storage for up to 12 months, re-use of tyres on silage clamp, storage of road planings or soil, etc.

Duty of Care
The basis of the duty of care exists under the Water Framework Directive, being the 'polluter pays' principle. You must ensure safe disposal or if given to another you must ensure he disposes safely. The answer is to use licensed people to remove your waste. This will reduce the risk. People can register as waste carriers. These people must prove they are fit and proper persons to hold a licence.

To reiterate - Farmers do not need to register to carry their own waste.

You cannot use your farm dump after the regulations came into force. So the advice is to stop using it now, as there is no transitional period. Any farm dump used after the legislation is in force will have to meet stringent closure and after care requirements of the Landfill Directive, plus associated costs, for many years.

You can burn limited wood and plant matter (for example hedge cuttings) but nothing else. "Drum incinerators" are unacceptable. With regard to manure there are GAEC and codes of good practice, cross compliance and NVZ rules to act as controls.

Asbestos and veterinary waste, etc will be covered in further guidance, not yet published. You must ensure you have groundwater authorisation from the EA to dispose of this on your land.

EA and DEFRA are hoping 'plastic schemes' will arise. The Cost " 12 months storage - no cost. Gate fee for taking to a licensed site. Registered waste carrier collects - transport fee and gate fee

TIMETABLE FOR AGRICULTURAL WASTE REGULATIONS

15 May 2006
- Regulations came into force
- Duty of care applies
- One - year transitional provision for licensing and exemptions begins
- One - year transition for drum incinerators starts

15 November 2006
- Deadline of Schedule 12 registration for carriers and brokers

15 May 2007
- Waste management licensing and exemptions take effect
- Hazardous waste controls take effect
- One - Year transition for drum incinerators finishes

Waste Recycling Directory available on www.wasterecycling.org.uk or contact the Environment Agency, Penrith office: 01768 215728.

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