S.I. No. 148/1998 - Waste Management (Use of Sewage Sludge in Agriculture) Regulations, 1998

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.

Dated this 12th day of May, 1998

DAN WALLACE

Minister of State at the Department of the Environment and Local Government

EXPLANATORY NOTE

These Regulations prescribe standards for the use of sewage sludge in agriculture. The Regulations give effect to Council Directive 86/278/EEC of 12 June, 1986 (O.J. No. L 181/6, 4 July, 1986) on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.

The Regulations come into operation on 20 May, 1998 and replace the European Communities (Use of Sewage Sludge in Agriculture) Regulations, 1991 (

S.I. No. 183 of 1991

) which are revoked with effect from that date by virtue of

sections 1

and

6

of the

Waste Management Act, 1996

.

4. Where it is evident, on the basis of analyses, 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 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 in 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 in 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. 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

Copper

1,000

Nickel

300

mg/kg of dry matter.

Lead

750

Zinc

2,500

Mercury

16

Part III

Conditions Applying to Soil Sampling and Analysis

S.I. No. 148 of 1998.

WASTE MANAGEMENT (USE OF SEWAGE SLUDGE IN AGRICULTURE) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by

sections 7

and

51

of the

Waste Management Act, 1996

(No. 10 of 1996), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 (

S.I. No. 428 of 1997

), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:-