IE
S.I. No. 183/1991 - European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1991.
Table of Provisions (15)
Statutory Text (15 Articles)
1. Analysis for heavy metals shall be carried out following strong acid digestion.
2. The reference method of analysis shall be atomic absorption spectrometry.
3. The limit of detection for each metal shall be no greater than 10% of the maximum value for that metal.
GIVEN under the Official Seal of the Minister for the Environment,
this 8th day of July, 1991.
PADRAIG FLYNN,
Minister for the Environment.
EXPLANATORY NOTE.
These Regulations prescribe standards for the use of sewage sludge in agriculture. The Regulations give effect to Council Directive No. 86/278/EEC of 12th June, 1986 (O.J. No. L.181/6, 4th July, 1986), relating to the protection of the environment and in particular of the soil when sewage sludge is used in agriculture.
4. Where it is evident, on the basis of analysis, that copper and zinc are either not present or are present only in negligible quantities in the waste water treated by the sewage treatment plant, the frequency of analyses for those parameters may be reduced to once in three years.
5. A person, other than a local authority, producing sludge for use in agriculture shall not reduce the frequency of analyses under conditions 3 or 4 without the prior approval of the local authority in whose functional area the sludge is produced.
6. In the case of sludge from a septic tank or sewage treatment plant referred to in article 9:—
(
a
) a sludge analysis shall be carried out—
(i) within twelve months of the coming into operation of these Regulations, where such analysis has not been undertaken within the preceding twelve months, or
(ii) within six months after the commencement of the use of such sludge in agriculture.
(
b
) the frequency of sludge analyses may be reduced to not less than once in five years provided that, in the initial analysis, the values for the concentrations of heavy metals are lower than the values shown in Part II of this Schedule, and there is no change in the characteristics of the waste water being treated.
PART V
Methods of Analysis.
7. (1) Before sludge is used on agricultural land the soil of such land shall be analysed in accordance with the conditions set out in Part III of the Schedule.
(2) Sludge shall be analysed in accordance with the conditions set out in Part IV of the Schedule.
(3) For the purposes of sub-articles (1) and (2) the methods of analysis set out in Part V of the Schedule shall be used.
8. (1) A supplier of sludge for use in agriculture shall regularly provide users of the sludge with the results of sludge analyses carried out in accordance with Part IV of the Schedule.
(2) Each local authority shall establish and maintain a register to be known as "the sludge register" and shall enter on to the register—
(
a
) the quantities of sludge produced and the quantities supplied for use in agriculture in their functional area,
(
b
) the composition and properties of the sludge having regard to the parameters referred to in Part II of the Schedule,
(
c
) the treatment which the sludge has undergone having regard to the types of treatment referred to in article 2,
(
d
) the name and address of each recipient of the sludge and the location of each site where the sludge is to be used.
(3) A supplier of sludge for use in agriculture shall notify the local authority in whose functional area the sludge is to be used of the particulars set out in sub-article (2) (
a
) to (
d
) for entry on to the register.
(4) The register shall be kept at the offices of the local authority and shall be available for inspection by any person at the offices of the local authority during office hours.
9. Article 8 (1) and (2) (
b
), (
c
) and (
d
), shall not apply to sludge from septic tanks or from sewage treatment plants with a treatment capacity below 300 kg BOD
5
per day, corresponding to a population equivalent of 5,000 persons, and designed primarily for the treatment of domestic waste water.
10. A local authority shall be responsible for the supervision of the supply and use of sludge in agriculture in their functional area.
11. (1) An authorised person may inspect and examine any sewage plant, septic tank or other similar installation for the treatment of sewage, any sludge being treated, stored, transported or used and any installation, plant or vehicle for such purposes.
(2) An authorised person may at any reasonable time enter and inspect any premises for the purposes of sub-article (1).
(3) When exercising any power conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.
12. A person who contravenes or fails to comply with a provision of these Regulations or who obstructs or interferes with an authorised person in the exercise of a power conferrred by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
13. A prosecution for an offence under these Regulations may be taken by the local authority in whose functional area the offence is committed.
14. The Minister may, from time to time, issue recommendations to local authorities in relation to the carrying out of any of their duties under these Regulations, and local authorities shall have regard to any such recommendations.
SCHEDULE
PART I
Maximum Values for Concentrations of Heavy Metals in Soil.
Parameters
Maximum Values*
Expression of Results
Cadmium
1
mg/kg of dry matter in a representative sample, as defined in Part III of this Schedule of soil with a pH of 5 to 7.
Copper
50
Nickel
30
Lead
50
Zinc
150
Mercury
1
*Where the pH of the soil is consistently higher than 7, the values set may be exceeded by not more than 50%, provided that there is no resulting hazard to human health, the environment, or in particular, ground water.
PART II
Maximum Values for Concentrations of Heavy Metals in Sludge for Use in Agriculture.
Parameters
Maximum Values
Expression of Results
Cadmium
20
}
mg/kg of dry matter
Copper
1,000
Nickel
300
Lead
750
Zinc
2,500
Mercury
16
PART III
Conditions Applying to Soil Sampling and Analysis.
S.I. No. 183 of 1991.
EUROPEAN COMMUNITIES (USE OF SEWAGE SLUDGE IN AGRICULTURE) REGULATIONS, 1991.
The Minister for the Environment in exercise of the powers conferred on him by
section 3
of the
European Communities Act, 1972
(No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 12 June, 1986 (No. 86/278/EEC)
(1)
hereby makes the following Regulations