Guidance

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

Updated 9 January 2025

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an environmental permit for a waste operation when you spread milk on land following an animal disease outbreak.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that:

• your activity meets the description set out in this RPS
• you comply with the conditions set out in this RPS

In addition, your activity must not cause (or be likely to cause) pollution of the environment or harm to human health, and 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

Activity this RPS applies to

This RPS applies to spreading milk on land following an animal disease outbreak identified by the Animal and Plant Health Agency (APHA).

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 been stored for less 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
• once you have informed your local Environment Agency office

You must not:

• spread milk to land if APHA has prohibited disposal by this means
• spread waste milk if the land is waterlogged, frozen or covered with snow, or has been frozen for 12 hours or more in the 24 hours before you want to start spreading
• use the land for grazing or feeding crops for pigs for at least 2 months after spreading waste milk
• use the land for any animals except pigs for at least 3 weeks after spreading waste milk

You must keep records for 2 years from the date of the last use of the RPS to show that you have complied with this RPS. You must make these records available to the Environment Agency on request.

Things to note

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

When you must check back

The Environment Agency intends to review this RPS by 1 December 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the review date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately

Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk.