Building lined biobeds in a groundwater source protection zone 1: RPS 140
Updated 6 October 2021
Applies to England
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Waste exemption T32: treatment of waste in a biobed or biofilter allows you to use lined biobeds to treat dilute pesticide washings at the site they were produced if the site is not within a groundwater source protection zone 1 (SPZ1).
However some farmers have large areas of land in a SPZ1 so cannot benefit from the T32 exemption. This means they would need an environmental permit to construct and operate a lined biobed.
Lined biobeds that are well constructed and managed reduce active pesticide residues in wash waters. If you follow the conditions in this RPS you can build impermeably lined biobeds in a SPZ1 without an environmental permit.
This RPS does not apply to any other activity, even if it is under the same legislation. You may still need other permits or licences for other activities you carry out.
Conditions you must comply with
The lined biobed must be in a secure place that is not within:
- 10 metres of a watercourse
- 50 metres of a spring, well or borehole that is not used for domestic water supplies or food production
- 250 metres of a spring, well or borehole that is used for domestic water supplies or food production
You can only carry out treatment at the place of production.
You must not treat more than 15,000 litres of dilute pesticide washings in the biobed within in a 12-month period. You must agree your proposals with your local area Environment Management Team before you start treatment. Email them at enquiries@environment-agency.gov.uk.
Your proposals must explain why you cannot use a lined biobed outside a SPZ1.
You must give the Environment Agency information about:
- the proposed location
- the design
- operational and maintenance procedures
- how you will deal with any excess effluent
If the Environment Agency allows you to construct a lined biobed within a SPZ1 you must:
- not discharge effluent from the biobed within the SPZ1
- collect any excess effluent and discharge it outside the SPZ1 – you must agree a discharge point outside the SPZ1 with them first
For more information on designing and using biobeds see the Pesticide Handling Area and Biobed Manual.
You must make sure your activity does 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
An RPS means that the Environment Agency will not normally take enforcement action against you for carrying out a waste operation without an environmental permit 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 in 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.