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  • The storage and application of fertiliser

The storage and application of fertiliser

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This General Binding Rule (GBR) applies to:

  1. The storage of fertiliser unless—
    1. the storage is regulated as a waste management activity under these Regulations,
    2. it is an activity specified at activities 31, 32 or 34 of column 1 of this schedule,
  2. The application of any fertiliser unless the application is regulated as a waste management activity under these Regulations.

“This schedule” means Chapter 2, Schedule 9 of The Environmental Authorisations (Scotland) Regulations.

“These regulations” means The Environmental Authorisations (Scotland) Regulations.

Authorisation level

General Binding Rule (GBR)

Rules

The storage and application of fertiliser is covered by General Binding Rules. If you intend to carry out this activity, and you comply with the rules set out below, your activity will be authorised. You don’t need to apply to SEPA for an authorisation.

If you carry out an activity under this authorisation you must comply with the rules. It is an offence if you do not comply with the rules.

If you cannot comply with the rules, you will need a different type of authorisation.

General Binding Rule (GBR) for the storage and application of fertiliser

  1. No fertiliser may be stored, including temporarily, in a mobile tank or bowser, on land that—

    1. is within 10 metres of any—
      1. river, burn, ditch or loch, as measured from the top of the bank,
      2. wetland,
      3. transitional water or coastal water, as measured from the shoreline,
    2. is within 50 metres of any—
      1. spring that supplies water for human consumption,
      2. well or borehole that is not capped in such a way so as to prevent the ingress of water,
    3. is waterlogged,
    4. has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, unless the fertiliser is stored in an impermeable container,
    5. is sloping (unless the fertiliser is inorganic or it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, loch, wetland, transitional water or coastal water towards which the land slopes)

    unless the fertiliser is stored in a building which is constructed and maintained to such a standard as is necessary to prevent run-off or seepage of fertiliser from the building,

  2. inorganic liquid fertiliser must only be stored in a rigid, impermeable tank that—

    1. has a lockable, double valve on the outlet that is closed and locked when the tank is unattended,
    2. is located above ground,
    3. is protected from vehicle collision,

  3. inorganic liquid fertiliser must not be stored in a field unless contained in a tank, bowser or spreading equipment—

    1. whose hatches and lids are securely closed and whose outlets are securely closed and locked, except when fertiliser is being transferred or applied,
    2. that is held on a support in such a way that it cannot become dislodged,
    3. that is on a support which is stable under the fully loaded weight of the tank or bowser and cannot itself become dislodged,

  4. when any inorganic liquid fertiliser or liquid digestate is being transferred to a tank, bowser or spreading equipment, all reasonable steps must be taken to prevent any spillage or leakage entering the water environment,

  5. no organic fertiliser may be applied to land that—

    1. is within 10 metres of any
      1. river, burn, ditch or loch, as measured from the top of the bank,
      2. wetland,
      3. transitional water or coastal water, as measured from the shoreline,
      4. opening into a surface water drainage system,
    2. is within 50 metres of any—
      1. spring that supplies water for human consumption,
      2. well or borehole that is not capped in such a way so as to prevent the ingress of water,
    3. has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where the application is for forestry operations,
    4. is frozen (except where the fertiliser is farmyard manure), waterlogged, or covered with snow,
    5. is sloping, unless it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, loch, wetland, transitional water or coastal water towards which the land slopes,

  6. no inorganic fertiliser may be applied to land that—

    1. is within 2 metres of any—
      1. river, burn, ditch or loch, as measured from the top of the bank,
      2. wetland,
      3. transitional water or coastal water, as measured from the shoreline, or
      4. opening into a surface water drainage system, or
    2. is within 5 metres of any—
      1. spring that supplies water for human consumption,
      2. well or borehole that is not capped in such a way so as to prevent the ingress of water
    3. has an average soil depth of less than 40 centimetres and overlies gravel or fissured rock, except where the application is for forestry operations,
    4. is frozen, waterlogged, or covered with snow, or
    5. is sloping, unless it is ensured that any run-off of fertiliser is intercepted (by means of a sufficient buffer zone or otherwise) to prevent it from entering any river, burn, ditch, wetland, loch, transitional water or coastal water towards which the land slopes,

  7. fertilisers must not be applied to land—

    1. in such amounts that the crop requirement for nitrogen is exceeded,
    2. in excess of the amount required to maintain the soil phosphorus status at acceptable agronomic levels, or
    3. during heavy rainfall or where heavy rainfall is forecast within 24 hours,

  8. dewatered digestate must be stored—

    1. in such a way that it is securely contained so that any escape or run-off is prevented, or
    2. in a heap which is protected from the ingress of water,

  9. if dewatered digestate is stored in a heap in field, it must be applied to land within 6 months of the commencement of the storage,

  10. any equipment used to apply fertiliser must be maintained in a good state of repair,

  11. fertiliser must be applied on land in such a way and at such times that the introduction of any substance or heat to the water environment which may give rise to harm to the water environment is minimised,

  12. where organic fertilisers are to be applied to land—

    1. a risk assessment must be carried out in respect of that land, including the preparation of a map of the farm which clearly shows—
      1. the delineation of every field,
      2. the area of every field in hectares,
      3. the location of all surface water, springs, wells, boreholes storage tanks or any other structures sunk into underground strata for the purpose of providing a water supply,
      4. any area of land with a slope of 12 degrees or more,
      5. the location of any field heaps,
      6. areas where organic fertiliser must not be applied in accordance with paragraph (e)(i), (ii), (iii) and (v),
      7. any other area of high risk to the water environment,
    2. the person carrying out the application of organic fertilisers must be provided with the map for the area to which fertiliser is being applied, or
    3. field heaps of organic fertilisers must not be located in any area identified on the map in accordance with paragraph (l)(i)(cc), (ff) or (gg),

  13. slurry and liquid digestate must be applied using precision equipment.

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