Guidance

Disposing of waste milk from an animal disease outbreak: RPS 40

Published 12 November 2021

Applies to England

© Crown copyright 2021

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This publication is available at https://www.gov.uk/government/publications/disposing-of-waste-milk-from-an-animal-disease-outbreak-rps-40/disposing-of-waste-milk-from-an-animal-disease-outbreak-rps-40

This regulatory position statement (RPS) is about spreading waste milk on land from an animal disease outbreak identified by the Animal and Plant Health Agency (APHA).

This RPS does not change your legal obligations to:

  • get an environmental permit
  • register a waste exemption for a waste operation
  • follow your planned farm nutrient management plan
  • comply with other relevant legislation

However, if you follow the conditions in this RPS the Environment Agency will not normally take enforcement action if you spread waste milk on land from an animal disease outbreak.

Conditions you must comply with

You must only spread waste milk:

  • that has been identified by APHA for disposal
  • that has been disinfected as part of disease control measures required by APHA
  • that has not been stored for more than 24 hours
  • that has been diluted with at least an equal amount of water or slurry (or both)
  • at an application rate of no more than 20 cubic metres per hectare
  • on land where there is a low risk of runoff
  • once in any 4 week period
  • with agreement from the Environment Agency by email

Land with a low risk of runoff:

  • has an average slope of less than 3 degrees
  • does not have land drains other than sealed impermeable pipes
  • has not been pipe drained, mole drained or sub-soiled in the last 12 months
  • does not have a shallow soil less than 30cm above fissured rock
  • has soil of a sufficient depth and suitable type above groundwater to prevent pollution
  • is not within a designated groundwater source protection zone 1
  • is at least 50 metres from surface water or a conduit leading to surface water
  • is at least 50 metres from springs, wells and boreholes where groundwater is used for human consumption
  • does not have compacted soil or a soil surface which is capped - you can only spread milk where the soil is permeable and has a good structure
  • does not have cracked soil above a land drainage system or groundwater

You must not use the land for:

  • grazing or feeding crops for pigs for at least 2 months after spreading waste milk
  • any animals except pigs for at least 3 weeks after spreading waste milk

You must make sure your activities do not endanger human health or the environment. You must not:

  • cause a risk to water, air, soil, plants or animals
  • cause a nuisance through noise or odours
  • adversely affect the countryside or places of special interest

Enforcement

A RPS means that the Environment Agency will not normally take enforcement action against you if:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not, and is not likely to, cause environmental pollution or harm human health

When to check back

This RPS will be reviewed by 28 October 2024. You will need to check back then to see if it still applies.

Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

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