The Sludge (Use in Agriculture) (Amendment) Regulations 1990

Amendment of the principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1 (citation, commencement and application), omit paragraph (2) (exemption for sludge deposited on land in accordance with Regulations under Part I of the Control of Pollution Act 1974(1)).

(3) In regulation 4(2) (precautions to be taken after untreated sludge has been used on land), for the words “on land” substitute “on agricultural land”.

(4) In regulation 5 (information to be supplied to the sludge producer where sludge has been used on any land), for the words “on any land” substitute “on any agricultural land”.

(5) In regulation 6 (register to be kept by sludge producer)—

(a)in paragraph (1)(c), for the words “regulation 8(4)(a)” substitute “regulation 8(4)”.

(b)in paragraph (1)(d), for the words “regulation 8(4)(b)” substitute “regulation 8(3)(a)”.

(6) In regulation 8 (dedicated sites)—

(a)for paragraph (1), substitute—

“(1) In this regulation—

“occupier” means the occupier of a dedicated site;

“the actual concentration” means the concentration of any of the substances listed in column (1) of the soil table in the soil of an agricultural unit forming part of a dedicated site; and

“the permitted concentration” means the concentration in milligrams per kilogram of dry matter specified for that substance in column (2) of that Table.”.

(b)for paragraph (3) substitute:—

“(3) Where the actual concentration exceeds the permitted concentration, the occupier shall not:—

(a)sell or offer for sale any crop grown on the agricultural unit affected except in accordance with the advice referred to in paragraph (4) below; or

(b)grow any commercial food crops on that unit other than crops intended for animal consumption.”.

(c)in paragraph (4), for the words from the beginning to the end of sub-paragraph (b), substitute—

• “Where the actual concentration exceeds (or if sludge were used would exceed) the permitted concentration, the occupier shall not use sludge on the agricultural unit”.