Paragraph 6 allows sewage sludge to be stored and spread to land for agricultural benefit or ecological improvement and as such, is commonly used by water companies working in association with farmers.
What the legislation says
What Paragraph 6 exemption permits
Paragraph 6 allows:
- 250 tonnes per hectare of sewage sludge to be used annually to improve the ecological quality of non agricultural land or the agricultural quality of land which does not produce food crops if its use does not result in the accumulation of certain deleterious elements in the soil. A list of these elements can be found in Column 1 of Schedule 2 of the Sludge (Use in Agriculture) Regulations 1989
- 1,250 tonnes of sewage sludge to be stored each year, at the place of use provided the storage in a container or lagoon is sufficient to properly contain the sludge and to control unauthorised access.
Dewatered sludge does not require contained storage but the place where it is held must:
- prevent its escape, and
- be capable of controlling unauthorised access.
The storage location of all sludge must be selected carefully so that it is not within specific distances of any:
- watercourses
- springs, or
- wells.
The distances are listed in the legislation under Paragraph (2).
Paragraph 6 is one of the higher risk exemptions. As such, before we register this exemption on your behalf you need to:
- complete a form, and
- provide us with a range of supporting information.
The exemption is chargeable and requires annual renewal and the payment each year, of a renewal fee.
Questions and answers
The following section may cover questions you still have regarding the Paragraph 6 exemption.
Q. What is meant by agricultural benefit and ecological improvement?
A. Ecological improvement might involve maintaining or providing new habitats for wildlife or developing existing habitats to support greater biodiversity. Agricultural improvement could involve the physical, chemical or nutrient enhancement of soil to support crop growth.
Q. Is there a limit on the area that is covered by the Paragraph 6 exemption?
A. No, the area that is covered by the exemption is only limited by the amount that can be stored for each registration which is 1,250 tonnes per year. Each hectare must be spread with no more than 250 tonnes of sludge.
Q. Can a single registration cover the spreading of fields over more than one farm?
A. No, each farm should be registered separately and therefore your notification should be made with respect to only one identifiable address only. You may make more than one registration at the same address, however, provided that each stockpiles are not combined or stored adjacent in one place, to exceed the 1,250 tonnes limit.
Q. Must the sludge be stored in a single place at each registered location?
A. No, the storage can be in more than one place, provided:
- it is the area where it is to be spread, and
- each location complies with all other storage conditions.
Q. The exemption refers to the Schedule 2 of the 1989 Regulations. What are these regulations and where can I find them. Where can I find these?
A. The regulations are the Sludge (Use in Agriculture) Regulations 1989
Example of an activity that is suitable for registration under a Paragraph 6 exemption
Untreated sewage sludge is used to enhance the depleted nutrient status of soils on a commercial forestry plantation.
This type of activity would be suitable to register as a Paragraph 6 exemption, provided that the work can be undertaken within the limits of the exemption and provided that the use of the sewage sludge is carefully controlled to ensure that it can all be used beneficially. You need to provide evidence of this in your supporting documentation.
Example of an activity that would not be suitable for registration under a Paragraph 6 exemption
A consultant makes an application on behalf of a sewerage undertaker to apply sewage sludge to an industrial crop of rape seed which is grown in rotation with food crops.
This type of activity would not be suitable for registration as a Paragraph 6 exemption as the exemption does not apply to agricultural land used to grow industrial crops.
Who do I speak to if I want a notification form to be sent to me by post, or if I still have a query about this exemption that is not covered here?
For general enquires, or to request a notification by post, phone our National Customer Contact Centre on 0370 8506506. If they cannot help you with your query, they may pass you to someone in our area offices who will assist with more technical enquiries.
If you think that you meet the requirements of the Paragraph 6 exemption and wish to proceed with the registration, please use the forms below:
Do not try and use these forms to notify a new site. They can now only be used to renew an existing exemption.
