What the legislation says
8 (1) The storage in a secure container or lagoon (or, in the case of dewatered sludge, in a secure place) of sludge which is to be used in accordance with the 1989 Regulations if -
(a) the sludge is stored a the place where it is to be used
(b) no sludge is stored at a distance of less than:
(i) 10 metres from any watercourse;
(ii) 50 metres from any spring or well, or from any borehole not used to supply water for domestic or food production purposes:
(iii) 250 metres form any borehole used to supply water for domestic or food production purposes;
(c) no sludge is stored within a zone defined by a 50 day travel time for groundwater to reach a groundwater source used to supply water for domestic or food production purposes;
(d) no sludge is stored within 0.3 metres of the top of an open storage container or within 0.75 metres of the top of an earthbank tank or lagoon;
(e) no sludge is stored for a period of more than twelve months; and
(f) no more than 1,250 tonnes of sludge is stored any one time.
8 (2) In this paragraph 'sludge' means residual sludge from sewage plants treating domestic or urban waste waters and form other sewage plants treating waste waters of a composition similar to domestic and urban waste waters.
What this means
Paragraph 8 (1) (a - f) allows up to 1,250 tonnes of sewage sludge to be stored for up to a year, in a container or lagoon whose construction is capable of:
- containing the sludge, and
- preventing its escape.
The location of the storage of the sludge must not be within the specified distances of the potential receptors listed. The depth of the sludge must also be maintained below specified levels so that there is always enough freeboard available within the container to prevent over-spill.
Questions and answers
We have provided the following questions and answers to help you further understand if this exemption covers the activity that you wish to undertake.
Paragraph 8 (1) (a - f)
Q. What can you do?
A. You can store up to 1,250 tonnes of sewage sludge which is intended to be spread under the terms of the Sludge (Use in Agriculture) Regulations 1989, for up to a year.
Q. Who can do it?
A. Any company, organisation or individual who has registered a Paragraph 8 exemption with us and whose sludge has been treated to a standard which is capable of being spread under the terms of the Sludge (Use in Agriculture) Regulations 1989. By individuals we mean those acting in a business capacity, such as a sole trader. The law does not require an individual acting in a personal capacity to register an exemption.It is unlikely that this exemption will apply to organisations other than sewerage undertakers. The storage of the sludge must also have consent of the landowner.
Q. Where can you store the sludge?
A. At the place which you identify when you notify us of this exemption which must also be the place where the sludge is spread. The container or lagoon in which it is stored must be:
- ten metres from a watercourse
- 50 metres from any spring or well or any borehole which does not supply water for domestic or food production purposes, and
- 250 metres from any borehole which does.
Do not store the sludge in a Groundwater Source Protection Zone 1 (SPZ1).
Paragraph 8 (2)
Paragraph 8 (2) provides definition on what is meant by 'sludge' within the terms of this exemption.
Q. Why must the level of the sludge not be allowed to come within certain proximities of the top of the container or lagoon?
A. The freeboard distances given in 8(d) are incorporated to safeguard against the risk of overspill.
Q. Am I also permitted to spread the sludge when I have notified you of this exemption?
A. Yes, provided that the sludge is used in accordance with the Sludge (Use in Agriculture) Regulation 1989.
Q. What is meant by a secure place for dewatered sludge?
A. To be secure, the place where the dewatered sludge is stored must be capable of preventing the escape of the waste, taking into account any polluting discharges that may occur after heavy rainfall. It must also be capable of controlling any unauthorised access to it.
Q. Can more than one sludge storage facility be located in the same field if each storage facility is registered separately?
A. Yes, provided that each sludge storage facility is situated at the place where it will be spread and the spreading area is properly defined and does not overlap an adjacent spreading zone. For the purposes of this exemption a place is the area where the sludge is spread and the storage limitation at each place must not exceed 1,250 tonnes.
Example of an activity that is suitable for registration as a Paragraph 8 exemption:
- A sewerage undertaker intends to store treated sludge at a farm where it will subsequently be used under the terms of the Sludge (Use in Agriculture) Regulations 1989.
Register the sludge as a Paragraph 8 exemption provided that its storage complies with all requirements of the exemption.
Example of an activity that is not suitable for registration as a Paragraph 8 exemption:
- A company producing sludges from on-site effluent treatment wishes to store the sludge with the intention of using it in the treatment of land.
The storage of the sludge could not be registered as a Paragraph 8 exemption as this type of waste cannot subsequently be spread under the terms of the Sludge (Use in Agriculture) Regulations 1989. The storage and use of some types of trade effluent may be permitted by the Paragraph 7 exemption.
