Nitrate Vulnerable Zones (NVZ) Compliance Deadline
On January 1st 2012 regulation 22(1) and part 7 of The Nitrate Pollution Preventative Regulations 2008 come into force. These two parts are the remainder of the regulations to be enforced.
Compliance with the regulations is mandatory, and whether you are the owner occupier or tenant occupier it is your responsibility to find out and understand if the land you are responsible for is designated an NVZ.
22 (1) states; “any person spreading slurry must use spreading equipment with a low spreading trajectory, that is, below 4 metres from the ground.”
Part 7 is concerned with the storage of organic manure, temporary field sites and storage capacity.
Currently there are derogations allowable;
- for 2011 applications open 1st October and close 31st December 2010, and for
- 2012 applications open 1st October and close 31st December 2011.
It is unlikely the EC will allow derogations after 2012.
Single payment scheme full subsidy payments can be reduced by varying degrees for first time and repeat breaches of the regulations. Furthermore, the extent, severity and permanence of the breach will influence the scale of the fine or payment reduction.
In 2009 the most common failure found was incomplete or irreconcilable records.
Other significant breaches were,
- failure to keep nitrogen application records,
- failure to supply enough information on nitrogen-use to allow inspectors to make their assessments, and
- no record of manure storage calculation.
The ‘occupier’ of the land is responsible for meeting the requirements of the regulations (SMR 4) and will be assessed by the Environment Agency.
For slurry pits/tanks/storage facilities the Water Resources (Silage, Slurry and Agricultural Fuel Oil) Regulations 2010 apply, compliance with these regulations is monitored by the Environment Agency (EA). If you plan to substantially alter your slurry pit/store, enlarge or reconstruct an existing store, or install a new one, you are obliged to inform the EA within 14 days of its’ first use.
The occupier of the land will also have to meet the conditions of the regulations which include;
- prepare a risk map of the proposed application areas,
- plan use of biological and manufactured nitrogen,
- calculate the maximum allowable nitrate concentration – taking into account; residual levels, amounts naturally produced by livestock on the land, and the proposed top-up level of manufactured nitrogen/livestock manure applications,
- comply with a manure spreading ‘closed season’,
- have access to adequate manure storage facilities, and
- keep records of all nitrogen applications, and the calculations relating to them, for five years.
Please contact your local Berrys office if you would like more information about NVZs and how to comply with the regulations.
RELATED NEWS ITEM: http://www.berrybros.com/index.php/2010/06/nitrate-vulnerable-zones-are-you-affected-by-the-amendments/
