An increasingly common problem in the final stages of selling farms is confusion surrounding pollution and waste materials on the property. These problems not only delay sales but can in some cases incur disproportionate costs at the last moment to rectify, and sometimes the loss of the sale. As with the good management of any valuable property asset, careful consideration of this issue, as and when needed, should not be ignored.
Where, when and how one can use waste on the farm is a broad and technical area and can often be full of pitfalls, particularly when trying to establish which type of the many exemptions or permits you need to obtain. There are a number of exemptions that can often be used to utilise waste on the farm, which can reduce costs of buying in surfacing and other materials for tracks and other appropriate uses.
The first step is to establish whether any of the Environment Agency’s Basic Rules apply to the activity you intend to undertake. If you comply with these you should not need to do anything further. If not however you should then check if the material you have available is eligible for an exemption, or if the work you need to carry out could utilise some form of waste material. Exemptions are divided into four broad groups; Use, Treatment, Disposal and Storage. The most relevant on the farm is often Use, with up to 5,000 tonnes of waste materials including bricks, concrete, sand and clays (to name but a few), able to be used under the U1 exemption for any type of construction. This could include the creation of farm tracks, but care should be taken as, depending on the type of construction, one can need planning permission and flood defence consent as well as registering the exemption, before carrying out the work.
Another useful exemption is U8 (using waste for a specified purpose). This involves the use of wastes that do not need treatment of any kind, and can include sawdust for animal bedding, waste wood or stones for walls and structures, or shredded rubber for equestrian maneges. There is a detailed list of the types of materials, the allowed uses and quantities available on the gov.co.uk website.
One can also spread some wastes on agricultural land under a U10 exemption, providing that the waste is of benefit to the soil. Examples can include the addition of chalk (50t/ha per annum) to one’s land as a liming agent, the spreading of digestate from certain anaerobic digesters. In the latter care should be taken to ensure that the digestate is produced from allowed anaerobic processes utilising agricultural waste. Very specific rules apply to U10 exemptions and care should be taken that the waste code used is correct for the type of waste to be spread. There are also detailed requirements that must be followed before, during and after spreading the material. This can restrict the spreading distance from watercourses, frequency of spreading, requirement for dilution with slurry or water and a number of other restrictions depending on the type of material to be spread.
Where your activity is not covered by the Basic Rules and there is no exemption for the type of waste, the quantity, or the purpose in question, one may be able to apply for a Standard Rules Permit (SRP). This can also be necessary where one intends to exceed the tonnage limit imposed by an exemption. If you cannot meet the SRP rules for your activity you may then need to apply for a Bespoke Permit, which would be tailored to your land and the activity in question, and is a much more involved process. Determining which rules, exemptions or permits apply to you can be a daunting and complex process. Early consultation with one’s agent or the Environment Agency could save a lot of time and expense in the long run.
