The spreading, or storage and spreading of sludge on land which is not land used for agriculture - paragraph 10(a) exemption

Paragraph 10(a) allows the storage and spreading of sewage sludge on land which is not land used for agriculture within the meaning of The Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990 if the spreading results in ecological improvement or, in the case of spreading on land used for non-food crops not grown in short rotation with food crops, it results in benefit to agriculture.

Waste stream(s) permitted

Sewage sludge

Quantity

The quantity of waste spread will be determined by the crop requirement and be based on the soil and waste analyses where the spreading will be carried out in accordance with the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990.

Storage

If sludge is to be stored prior to spreading, it must be stored at the place where it is to be spread and must not be stored for a period of more than 6 months.

Storage must be in a secure container or lagoon or, in the case of dewatered sludge, in a secure place on land.

Additional conditions

The spreading of sewage sludge must result in benefit to agriculture or ecological improvement and you must submit a certificate describing how the spreading activity will achieve this. The certificate must be prepared by or based on advice from a person with appropriate technical or professional expertise.

Benefit to agriculture shall be assessed by reference to whether the spreading will result in an improvement to the soil for the purpose of growing non-food crops not grown in short rotation with food crops.

Ecological improvement shall be assessed by reference to the extent to which wildlife habitats, which might otherwise deteriorate, are maintained or supported. The creation of a new habitat or the restoration of an old habitat shall be considered an improvement.

The following information contained in Part II of Schedule 2 of This Waste Management Licensing regulations (Northern Ireland) 2003 (as amended) is required for the registration of an exemption under Paragraph 10

  • the names, addresses and telephone numbers, and, if applicable, the fax numbers and e-mail addresses of the establishment or undertaking that is to store or spread the sludge and the establishment or undertaking supplying the sludge
  • the quantity of sludge to be stored or spread and its origin
  • information on how the sludge has been treated and where it has been treated
  • the location in which the sludge is to be stored or spread, including a description of any container or lagoon to be used
  • the locations of any buildings, public rights of way, abstraction points or surface waters above ordinance datum which are situated within 400 metres of the boundaries of that place
  • where sludge is to be spread, the application shall be accompanied by a certificate describing how the activity will result in benefit to agriculture or ecological improvement, which shall be prepared by or based on advice from a person with appropriate technical or professional expertise

What the legislation says

The full wording of the paragraph 10 exemption can be found in Schedule 2 of the Waste Management Licensing Regulations (Northern Ireland) 2003. 

More detailed information on this exemption can be found in the guidance documents below.

For storage and spreading on non-agricultural land you should apply for a Paragraph 10a exemption.

For storage of sludge to allow the spreading on Agricultural land under the Sludge (Use in Agriculture) Regulations (Northern Ireland) 1990, you should apply for a Paragraph 10b exemption.

Relevant Objectives in relation to the disposal or recovery of waste are given in paragraph 4 of Schedule 3 to the Regulations.

Should you have any queries in relation to your application please contact:-

Forms and guidance

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