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You must follow these rules if you store silage, slurry or agricultural fuel oil.

You need to know the general rules that apply if you store any of the 3 substances, as well as specific rules for storing and handling each one.

General rules

Who鈥檚 responsible

You must make sure you meet the rules if you鈥檙e a:

• farmer
• land manager
• tenant farmer 鈥� unless you can prove someone else, for example the leaseholder, is jointly or wholly responsible

New storage and substantial changes

A new or substantially changed store must:

• follow the specific rules for the substance you鈥檙e storing
• have an expected lifespan of at least 20 years with maintenance 鈥� any part of a silage effluent tank that鈥檚 underground must last 20 years without maintenance
• be at least 10 metres clear of inland or coastal waters 鈥� you may need a larger safety zone in some cases, for example near a water supply intake

Exempt storage

If your installation was built before March 1991, or a contract for construction was entered into before March 1991 and completed before September 1991, it鈥檚 exempt from the rules for new stores. However, if you make substantial changes, for example structural changes, increasing capacity or relocating your store, it is no longer exempt.

The Environment Agency can also serve a notice at any time requiring you to bring storage up to the current standards if it believes there鈥檚 a significant risk of pollution.

Before you start work

It鈥檚 up to you to decide what planning and work is needed but you must:

• notify the Environment Agency at least 14 days before you begin construction 鈥� you can also contact them for advice on planning and building a store
• make sure you do not pollute the surrounding environment 鈥� for example rivers or other watercourses
• check if you also need planning permission

Once your storage is built you must carry out maintenance to make sure there鈥檚 no risk of pollution.

Notify the Environment Agency

You must notify the Environment Agency at least 14 days before you:

• build new storage for silage, slurry or agricultural fuel oil, or make substantial changes to an existing store
• store field silage on a new site

Rules for making and storing silage

The rules do not apply to silage you store temporarily in a container or trailer for transportation.

Where to store silage

You must not make or store any silage, or unwrap baled silage within 10 metres of inland or coastal waters.

In addition, you must not store field silage within 50 metres of a protected water supply source. This is any place where water is abstracted (taken) for any of the following purposes:

• human consumption
• use in farm dairies
• human food preparation

Ask the Environment Agency about protected water sources or to check your local area.

Silos

All parts of a silo must be resistant to attack.

Your silo must have:

• an impermeable base extending beyond any walls
• impermeable drainage collection channels around the outside, flowing into an effluent tank

The base must comply with:

• and (for concrete bases)
• (for hot-rolled asphalt bases)

If your silo has walls, they must withstand wall loadings set in .

Ask your manufacturer, or check the manual that came with your equipment, to find out if it meets these British Standards.

Effluent tanks

Your silo must have an effluent collection system.

If all parts of an effluent tank are above ground the tank must be constructed to resist attack from silage effluent for at least 20 years with maintenance. If any part is below ground it should be impermeable for at least 20 years without maintenance. You鈥檒l be asked to prove your tank is suitable, for example with a manufacturer鈥檚 guarantee.

Capacity

The minimum capacity rules for effluent tanks should give you at least 2 days鈥� storage at peak flow. However, it鈥檚 up to you to make sure you鈥檝e got enough capacity to avoid the risk of pollution.

Silo capacity	Minimum effluent tank capacity
Up to 1,500 cubic metres	20 litres for each cubic metre
Over 1,500 cubic metres	30 cubic metres, plus 6.7 litres for each cubic metre of silo capacity over 1,500 cubic metres

Store baled silage

You must seal baled silage in an impermeable membrane or bag. It does not need a specially constructed base but you must make sure any silage stored directly on the ground cannot leak into a water source.

You must keep baled silage at least 10 metres clear of inland or coastal waters.

Field silage and non-baled bags

For silage to be stored as field silage there must be no construction works, for example walls or earth banks. Also, topsoil must not be disturbed.

If you make field silage or non-baled bags, you must:

• choose a suitable site 鈥� for example if you store silage in a non-baled bag in your farmyard, you must make sure you can contain any drainage
• notify your local Environment Agency office at least 14 days before you first use the site

Notify the Environment Agency if you intend to聽make or store field silage.

Rules for making and storing slurry, including in earth-banked stores

Slurry is run-off from:

• solid manure stores
• woodchip
• straw-bedded corrals
• stand-off pads

You must collect and store it either separately or in your main slurry store. This does not apply to slurry you store temporarily in a container or trailer for transportation.

If you use a slurry separator you need to store and spread the separated liquid and more solid organic manure correctly. Follow the guidance on using a mechanical slurry separator to manage your slurry.

Where to store slurry

You must not put slurry storage tanks, effluent tanks, channels or reception pits within 10 metres of inland or coastal waters without written agreement from the Environment Agency.

All slurry stores

Slurry tanks, reception pits, pipes and channels must be impermeable and meet the anti-corrosion standards set in . They should last for at least 20 years with maintenance.

The base and walls of your slurry tank and any reception pit must withstand the wall loadings set in the .

Capacity

Freeboard is the vertical distance between the crest of your tank or lagoon and the slurry surface.

When you calculate the required capacity of your steel or concrete store, you鈥檒l need to include a minimum of 300 millimetres of freeboard. For earth-banked stores you鈥檒l need a minimum of 750 millimetres and you must maintain this freeboard during use. You鈥檒l normally need capacity for at least 4 months鈥� slurry storage. What this means for you will depend on how much slurry you use, the size of your tanks and expected rainfall.

Use the to work out how much slurry storage you need.

If you鈥檙e in an area with above average rainfall you鈥檒l need more capacity. Speak to the Environment Agency or a consultant if you鈥檙e not sure how much you鈥檒l need.

Any temporary storage facilities you have 鈥� such as a reception pit 鈥� must be large enough to store a minimum of 2 days鈥� combined slurry production and likely rainfall.

Drainage pipes

If your slurry tank, effluent tank or reception pit is fitted with a drainage pipe it must have 2 valves separated by a least 1 metre. Each valve must be able to shut off the flow of slurry and be locked when not in use.

This rule does not apply if your slurry storage tank drains through the pipe into another tank at the same level, or of equal or greater capacity.

Earth-banked slurry stores

An earth-banked store must have impermeable soil to a thickness of at least 1 metre. You may need laboratory analysis and confirmation from a civil engineer to be sure your soil is suitable. Alternatively, you can import impermeable soil or use a synthetic liner.

Weeping-wall stores

The base of a weeping-wall store must extend beyond its walls and include perimeter drains to catch escaped slurry and drain into an effluent tank.

Spreading slurry

Your irrigation system must not deposit slurry within 10 metres of inland freshwater or 50 metres of any water supply. You must assess the risk of direct run-off from land you intend to irrigate, and identify unsuitable areas.

Agricultural fuel oil

You must follow these rules if you both:

• build a new agricultural fuel oil store or make substantial changes to an existing one
• store over 1,500 litres of agricultural fuel oil on your farm

Read the expanded guidance on storing agricultural fuel oil and constructing storage for more information on how to meet these rules.

Other rules may apply if you store fuel oil:

• for domestic purposes
• for another business you run from your farm
• in a tanker temporarily for transportation on roads or around your farm
• in mobile bowsers or drums temporarily stored alongside mobile plant

Where to store fuel oil

You can store fuel oil in one location or spread across your farm. It must be stored in a tank or drum that meets . You should check the manual that came with your tank or drum, or ask the manufacturer.

No part of your installation can be within 10 metres of inland or coastal waters 鈥� including yard drains, dry ditches and land drains.

If tanks are underground, they must also follow the Department for Environment, Food & Rural Affairs (Defra) groundwater protection code.

Secondary containment

A tank or drum must be surrounded by a secondary containment structure or bund.

The bund must:

• have a life expectancy of at least 20 years with maintenance
• be impermeable to oil and water (walls and base), with no drain-down pipe
• contain every part of the tank, with taps and valves directed down and locked shut when not in use
• contain delivery pipes that are permanently attached to the primary tank, which must be fitted with self-closing taps or valves and locked inside when not in use

If you buy a combined storage tank and bund system you must make sure it will meet the regulations when in use.

Bund capacity

The required capacity of a bund depends on your type of storage.

Type of storage	Minimum capacity of bund
Single tank	110% capacity of the tank
Multiple tanks	110% of the capacity of the largest tank or 25% of the total volume that could be stored in all tanks in the area 鈥� whichever is greater
Other storage 鈥� for example, drum	At least 25% of the total volume that could be stored at any time

If you鈥檙e served a notice

The Environment Agency can serve a notice to stop you using an unsuitable silage, slurry or agricultural fuel oil store until it鈥檚 improved or relocated. They鈥檒l do this if they think there鈥檚 a significant risk of pollution 鈥� for example if you鈥檝e not allowed enough capacity to store slurry.

You鈥檒l have at least 28 days to carry out the work. You may be allowed more time, for example if you need planning permission or the weather is unsuitable.

How to appeal

If you disagree with the notice, you can appeal. You have 28 days from the day after the notice was served.

Appeal in writing to the Secretary of State.

Send a copy to your Environment Agency office at the address on the notice.

Your letter must explain why you鈥檙e appealing.

You should include:

• a copy of the notice
• any related correspondence
• a plan of your farm, showing the installation and any watercourses or drains

If you鈥檙e acting for a farmer who was served the notice, you鈥檒l also need a statement from them to confirm this.

Decisions on appeals

The notice could be:

• withdrawn or changed
• upheld, with extra time for you to comply
• upheld, with no extra time to comply 鈥� the compliance period will then usually end on the day this decision is made

Legislation

These rules are based on the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 鈥� known as the SSAFO regulations 鈥� and related legislation.