What is Waste?

There is no definitive listing of waste within the legislation. But the various types of waste produced on farms as a result of farming activities have been set out by DEFRA.
(NB some forms of waste appear in more than one category.)

• Animal health products: swabs and dressing, used sheep dip, syringes, medicines
• Building waste: concrete, wood, plasterboard, tiles, soil, stone, asbestos roof sheeting
• Cardboard and paper
• Hazardous waste: antifreeze, batteries, oils and lubricants, brake fluids and hydraulic oils, asbestos containing materials. These materials are subject to special rules.
• Metal, wood, glass and rubber: Tree pruning and hedge trimmings, oil drums, scrap wood e.g. fence posts, empty gas cylinders, wood shavings, pallets
• Plastic packaging: feed sacks, fertiliser bags, animal health packaging
• Non-packaging plastic waste: crop covers, fleeces, silage plastic, baler twine, polytunnel film
• Vehicle and machinery waste: antifreeze, batteries, oils and lubricants
• Other waste

Duty of care

The duty of care principle has existed for those who produce and dispose of non-agricultural waste for a number of years. The principle is that anyone who produces or disposes of waste has a duty of care to handle the waste responsibly and to take care to ensure correct disposal. The approach is intended to reduce fly-tipping and secure proper disposal of waste. For a farmer the principle can be interpreted as follows:

• Keep waste secure prior to disposal e.g. make sure it doesn't blow away
• If you ask a contractor to dispose of your waste check that they are authorised and licensed to dispose of waste. Ask for written evidence.
• Make sure that the waste is going to an appropriate location - either a licensed site or transfer station
• Hand the contractor a transfer note - this should include a description of the waste and should be signed by both the farmer
  and the contractor. Transfer Notes should be kept for at least 2 years.

Burying Waste

Under the new regulations farmers will no longer be able to bury waste on their farms.

Burning Waste

Farmers are currently permitted to burn waste in the open but this practice will be outlawed under the new regulations. The currently permitted practice of burning plastics and tyres will have to stop and the only the following types of waste will be permitted to be burnt

• Hedge Trimmings
• Untreated wood
• Crop Residues such as cereals, linseed, oil seed rape, peas and beans.

Whilst it was permissible to burn washed and rinsed polythene pesticide containers in a drum incinerator this practice is now prohibited. (England & Wales Nov 2006; Northern Ireland Jan 2007).

What to do with your Waste

Reduce: Investigate whether it is possible to reduce the amount of waste generated.

Collect: Farmers may need to collect sufficient waste to make proper disposal economic. However, waste should not be stored for extended periods. It is important to ensure that waste does not blow away, for example by storing it in suitable containers. Storage also provides an opportunity to collect similar wastes together until there is sufficient to make disposal economic. Waste should be segregated - mixed wastes are less valuable and the disposal of low grade, contaminated waste will be more expensive.

Return: Investigate whether suppliers will take back waste e.g. containers, pallets etc

Dispose: Farmers will be able to take their waste to disposal sites or recycling centres but will not be permitted to use a civic amenity site or "Tidy Tip". At the disposal site it will be necessary to have the correct documentation to hand e.g. transfer notes.

Transfer: Dispose of waste by giving it to someone else. However, you must check that the person is authorised to accept and transport the waste. You must keep records (NB. The situation diffuses slightly in Scotland where waste carriers and similar do not have to be registered with SEPA). When waste is passed to someone else a Waste Transfer Note will need to be completed.

Running a Farm Dump/Tip

If a farmer wishes to operate a farm tip they will need to obtain a Waste Management Licence or a Pollution Prevention and Control permit.

It is not expected that this route will appeal to many farmers. Such an approach will require significant investment including:

• Payment of an initial application fee and an annual fee
• Securing planning permission
• Satisfying the authorities that they are technically competent

Lower cost alternatives include running a composting business, acting as a waste transfer station or operating a waste recycling business. However, if you wish to transport agricultural waste as a business i.e. transport other firm's waste then it will be necessary to register with the Environment Agency.

Exempt Activities

Certain activities are exempt including using waste as fuel or for construction purposes, composting and the spreading of plant tissue onto land to allow it to rot.

Manures and Slurries

The Environment Agency has confirmed that legal decisions have ruled that manures and slurries are not waste when stored on a farm for use as fertilisers.
However, even when used as fertilisers, manures and slurries need to be managed and used properly in order to reduce the risk of pollution and environmental damage. Current best practice advice is that they should not be spread within 10 metres of a ditch or watercourse or 50 metres of a well, borehole or spring. In addition they should not be spread when the ground is frozen, waterlogged or flooded.

References

Environment Agency NetRegs web site: www.netregs.gov.uk/netregs/sectors

Defra website:
www.defra.gov.uk/environment/waste/topics/agwaste.htm

Note: For information on Scotish requirements visit the SEPA website. http://www.sepa.org.uk/default.aspx