Going to waste

It was possible, especially on a frosty day, to obtain a certain simple pleasure by making a bonfire of all the farm rubbish, in the corner of a field. Times have changed, and the disposal of agricultural waste has now become a subject for legislation and government intervention.

Agricultural waste (there is no precise definition) was previously excluded from environmental legislation, but the Government has now decided to regulate its disposal in line with European Legislation. The Government concluded that agricultural waste, disposed of on-farm by burning or in “farm dumps” (old quarries, the corner of a field, or areas in woodland), could cause pollution and harm human health.  Meetings have been taking place between the Government and representatives of the agricultural sector since March 2000, and the new regulations are expected to come into force on 12 September.

The use of farm dumps will then be illegal – and a single deposit of waste could constitute a dump. Existing farm dumps will not have to be removed before the Regulations come into force, but no more waste must be added to the dump after that date.

In future farmers can store the waste, pending collection, on the site where it is produced for up to 12 months (or up to 3 years pending recovery).  Beyond this time the store may be considered a farm dump and the Environment Agency could take enforcement action to have the waste removed.

On or before the 12 months for storage are up, farmers will have the following options: (1) take the waste for recovery or disposal off farm to an appropriately licensed site; (2) transfer waste to someone else for recovery or disposal off-farm; (3) register an exemption with the Environment Agency to recover or dispose of your farm waste yourself; or (4) apply to the Environment Agency for a waste management licence or a landfill permit to recover or dispose of your waste on-farm.

The most popular choice, for the disposal of many items, will probably be option one or two. The second will mean contacting a local waste management contractor through either the Yellow Pages or the Internet.

While anyone who deposits, recovers or disposes of waste requires a licence from the Environment Agency (with all that involves, including a charge) the Government has decided to exercise its discretion within the European Legislation to provide exemptions from this requirement in certain circumstances, many of which will be of use to farmers.  However, these exemptions must be registered with the Environment Agency.  For example, the exemption for temporarily storing waste on a farm for up to 12 months prior to disposal or recovery (referred to earlier) would need to be registered by the farmer of that farm. 

When manure, slurry and effluent is applied to the farmer’s own land to make use of its fertiliser value it is not being discarded as waste, and there is no intention to control this use within the Regulations.  However, it could become waste if the amount applied to the farmland is excessive (beyond good agricultural practice) or when it is exported from one farm to another.  DEFRA reserves the right to determine, on a case-by-case basis, if the manure or slurry being discarded by the farmer is “waste”.

Some waste – such as farm plastics – could be recycled, and schemes are currently being considered. 

When the Regulations are in force DEFRA have promised that comprehensive guidance will be issued, and there will be advertisements in the farming press, regional meetings and practical events at DEFRA’s demonstration farms.

The Environment Agency will have the power to enforce the Regulations.  The Agency wishes to work in partnership with farmers and the waste industry to build on good practice, and it is hoped this is how matters will develop in practice.

Finally, the cost will be passed directly to the farmers who have to comply with these Regulations.  Figures vary, but the NFU suggest it will average out at £400.00 per farm, per year.  A further cost to the industry, at a time when it is probably less able to cope than ever?

July 2005