The Nitrate Pollution Prevention Regulations 2008

PART 5Controlling the spreading of nitrogen fertiliser

Risk maps

18.—(1) Before 1st January 2010 an occupier of a holding who spreads organic manure on that holding must produce a map of the holding (“a risk map”) in accordance with this regulation.

(2) If circumstances change the occupier must update the risk map within three months of the change.

(3) The risk map must show—

(a)each field, with its area in hectares;

(b)all surface waters;

(c)any boreholes, springs or wells on the holding or within 50 metres of the holding boundary;

(d)areas with sandy or shallow soils;

(e)land with an incline greater than 12°;

(f)land within 10 metres of surface waters;

(g)land within 50 metres of a borehole, spring or well;

(h)land drains (other than a sealed impermeable pipe);

(i)sites suitable for temporary field heaps if this method of storing manure is to be used;

(j)land that has a low run-off risk (this is optional for an occupier who does not intend to spread manure on land that has a low run-off risk during the storage period in accordance with regulation 34).

(4) The occupier must keep a copy.

When to spread fertiliser

19.—(1) An occupier who intends to spread nitrogen fertiliser must first undertake a field inspection to consider the risk of nitrogen getting into surface water.

(2) No person may spread nitrogen fertiliser on that land if there is a significant risk of nitrogen getting into surface water, taking into account in particular—

(a)the slope of the land, particularly if the slope is more than 12°;

(b)any ground cover;

(c)the proximity to surface water;

(d)the weather conditions;

(e)the soil type; and

(f)the presence of land drains.

(3) No person may spread nitrogen fertiliser if the soil is waterlogged, flooded or snow covered, or has been frozen for more than 12 hours in the previous 24 hours.

Spreading manufactured fertiliser near surface water

20.  No person may spread manufactured fertiliser within 2 metres of surface water.

Spreading organic manure near surface water, boreholes, springs or wells

21.—(1) No person may spread organic manure within 10 metres of surface water.

(2) But livestock manure (other than slurry and poultry manure) may be spread there if—

(a)it is spread on land managed for breeding wader birds or as a species-rich semi-natural grassland and the land is—

(i)notified as a Site of Special Scientific Interest under the Wildlife and Countryside Act 1981(1); or

(ii)subject to an agri-environment commitment entered into under Council Regulation (EC) No. 1257/1999 (on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(2)) or under Council Regulation (EC) No. 1698/2005 (on support for rural development by the European Agricultural Guidance and Guarantee Fund (EAGGF)(3));

(b)it is spread between 1st June and 31st October inclusive;

(c)it is not spread directly on to surface water; and

(d)the total annual amount does not exceed 12.5 tonnes per hectare.

(3) No person may spread organic manure within 50 metres of a borehole, spring or well.

Controlling how nitrogen fertiliser is spread

22.—(1) Any person spreading slurry must use spreading equipment with a low spreading trajectory, that is, below 4 metres from the ground.

(2) Any person spreading nitrogen fertiliser must do so in as accurate a manner as possible.

Incorporating organic manure into the ground

23.—(1) Any person who applies organic manure on to the surface of bare soil or stubble (other than soil that has been sown) must ensure that it is incorporated into the soil in accordance with this regulation.

(2) Poultry manure must be incorporated as soon as practicable, and within 24 hours at the latest.

(3) Slurry and liquid digested sewage sludge (that is, liquid from the treatment of sewage sludge by anaerobic digestion) must be incorporated as soon as practicable, and within 24 hours at the latest, unless it was applied in separated bands.

(4) Any other organic manure (other than organic manure spread as a mulch on sandy soil) must be incorporated as soon as practicable, and within 24 hours at the latest, if the land is within 50 metres of surface water and slopes in such a way that there may be run-off to that water.