SLUDGE (USE IN AGRICULTURE) REGULATIONS (useinagriculture)

SUBSIDIARY LEGISLATION 549.09

SLUDGE (USE IN AGRICULTURE) REGULATIONS

28th June, 2002

LEGAL NOTICE 212 of 2001, as amended by Legal Notice 426 of 2007.

(1) The title of these regulations is the Sludge (Use in

Agriculture) Regulations.

(2) The purpose of these regulations is to regulate the use of

sewage sludge in agriculture in such a way as to prevent harmful

effects on soil, vegetation, animals and man, thereby encouraging

the correct use of such sewage sludge.

TESTING OF SLUDGE

1. Every sludge producer shall ensure that sludge produced by him and

supplied for the purpose of use in agriculture is tested in accordance with this

Schedule as soon as reasonably practicable after these regulations come into force,

and thereafter at intervals of not more than six months, and in any event where

changes occur in the characteristics of the waste water being treated.

2. Representative samples of sludge intended to be used on agricultural land

shall be taken after processing, but before delivery to the user.

3. Each sample shall be analysed so as to determine -

(a) the pH value thereof;

(b) the percentage content of dry matter, organic matter, nitrogen and

phosphorus; and

(c) the elements listed in column (1) of the sludge table below.

4. The average annual rate of addition referred to in regulation 3(4) shall be

ascertained for each of the elements in the sludge table by taking the average amount

of that element in the sludge used on that land in the period of ten years ending on

the date of such use.

SLUDGE TABLE

(1)

(2)

(3)

Element

Grams per hectare

Limit of detection

per year

(mg/kg of dry matter)

ZINC

COPPER

NICKEL

CADMIUM

LEAD

MERCURY

CHROMIUM

5. The analysis requisite to ascertain the concentration of metals referred to in

paragraph 3(c) shall be carried out following strong acid digestion; the reference

method of analysis shall be that of atomic absorption spectrometry, and the limit of

detection for each metal shall not exceed the appropriate limit value specified in

column (3) of the sludge table.

(1)

For the purpose of these regulations -

"agriculture" means the growing of all types of commercial food

crops, including those for stock-rearing purposes, and cognate

words shall be construed accordingly;

"agricultural land" means an area of land used for agriculture;

"competent authority" means the Department for Environment

Protection under the guidance of the Director for Environment

Protection and such other body or person as the Minister

responsible for the environment may by order in the Gazette

prescribe and different bodies or persons may be designated as a

competent authority for different provisions and different purposes

of these regulations;

"Director of Agriculture" means the director responsible for the

D e p a r t m e n t o f A g r i c u l t u r e a n d i n c l u d e s a n y o ff i c e r i n t h e

Department of Agriculture who acts on his behalf;

"industrial sludge" means sludge from the treatment of industrial

waste water of the sectors listed in Annex II;

"sludge" means

(i)

residual sludge from sewage plants treating domestic

or urban waste waters and from other sewage plants

treating waste waters of a composition similar to

domestic and urban waste waters;

(ii) residual sludge from septic tanks and other similar

installations for the treatment of sewage;

(iii) residual sludge from sewage plants other than those

referred to in paragraphs (i) and (ii);

"septic tank sludge" means sludge from septic tanks which

contains human excreta and domestic waste water from single or

multiple human dwellings;

"sludge producer" means any person who manages a plant at

which sludge is produced for disposal;

"the sludge table" means the table set out in Schedule 1;

"the soil table" means the table set out in Schedule 2;

"treated sludge" means sludge which has undergone biological,

chemical or heat treatment or any other treatment processes

envisaged in Annex I or a combination of these processes, so as to

significantly reduce its fermentability and the health hazards when

it is used;

"use" means spreading of sludge on the soil or any other

application of sludge on and in the soil;

"urban waste water" means domestic waste water or the mixture

of domestic waste water with industrial waste water and, or run-off

rain water;

"domestic waste water" means waste water from residential

settlements and services which originates predominantly from the

human metabolism and from household activities.

(2) In these regulations, references to a numbered regulation,

Annex or Schedule are references to the regulation, Annex or

Schedule bearing that number in these regulations.

TESTING OF AGRICULTURAL SOIL

1. The Director of Agriculture shall ensure that agricultural soil is tested or

assessed in accordance with this Schedule.

2. (1)

Where -

(a) sludge has been used on an agricultural unit before the coming into

force of these regulations; and

SLUDGE (USE IN AGRICULTURE)

(b) adequate scientific evidence is available as to the characteristics of the

soils thereof, and the sludge used thereon, before that date;

an assessment shall be made as soon as possible after the coming into force of these

r e g u l a t i o n s o f t h e p H v a l u e o f t h e so i l s a s a t t h a t d a t e , a n d t h e p r o b a b l e

concentrations in the soil as at that date, of

(i) the elements listed in column (1) of the soil table; and

(ii) the soil shall be tested not later than one year from when these

regulations come into force.

(2)

Subject to paragraph (1), the soil of agricultural land shall be tested -

(a) where sludge is to be used on that land for the first time after the

coming into force of these regulations,

(b) as soon as may be after the twentieth anniversary of the date when the

soil was last tested in accordance with this Schedule; or

(c) where the occupier of the land is so requested in writing by the Director

of Agriculture, and not less than five years have elapsed since the soil

was last tested in accordance with this Schedule.

3. For each agricultural unit on which sludge is to be used, a representative

sample of soil shall be obtained by mixing together 25 separate core samples, each

taken to the depth of the soil or 25 centimetres, whichever is the lesser depth.

4. Each representative sample shall be analysed so as to ascertain -

(a) the pH value of the sample;

(b) the concentration in that sample of the following metals

(i)

the elements set out in the soil table below.

5. For the purpose of regulation 3(4), the specified limit of concentration of

elements in any representative sample, expressed in milligrams per kilogram of dry

matter, is set out in the soil table below.

SOIL TABLE

(1)

(2)

Element

Limit (mg/kg of dry matter)

According to pH of soil

5.0 < 6.0

6.0 - 7.0

> 7.0

CADMIUM

0.5

1.5

CHROMIUM

COPPER

MERCURY

0.1

0.5

NICKEL

LEAD

ZINC

6. The analysis requisite to ascertain the concentration of metals referred to in

paragraph 4(b) shall be carried out following strong acid digestion; the reference

method of analysis shall be that of atomic absorption spectrometry, and the limit of

detection for each metal shall not exceed 10% of the appropriate limit value

specified in the soil table.

Annex I: Sludge Treatment Processes

Advanced treatments (hygienisation)

Thermal drying ensuring that the temperature of the sludge particles is

higher than 30ºC with a reduction of water content to less than 10% and maintaining

a water activity above 0.90 in the first hour of treatment;

Thermophilic aerobic stabilisation at a temperature of at least 55º for 20

hours as a batch, without admixture or withdrawal during the treatment;

Thermophilic anaerobic digestion at a temperature of at least 53º for 20

hours as a batch, without admixture or withdrawal during the treatment;

Thermal treatment of liquid sludge for a minimum of 30 minutes at 70ºC

followed by mesophilic anaerobic digestion at a temperature of 35º with a mean

retention period of 12 days;

Conditioning with lime reaching and maintaining a pH of 12 or more for

three months.

The process shall be initially validated through a 6 Log 10 reduction of a test

organism such as Salmonella Senftenberg W 775.

The treated sludge shall not contain Salmonella spp in 50g (wet weight) and

the treatment shall achieve at least a 6 Log 10 reduction in Escherichia Coli to less

than 5.10 2 CFU/g.

Conventional treatments

Thermophilic aerobic stablilisation at a temperature of at least 55ºC with a

mean retention period of 20 days;

Thermophilic anaerobic digestion at a temperature of at least 53ºC with a

mean retention period of 20 days;

Conditioning with lime ensuring a homogenous mixture of lime and sludge.

The mixture shall reach a pH of more than 12 directly after liming and keep a pH of

at least 12 for 24 hours;

Mesophilic anaerobic digestion at a temperature of 35ºC with a mean

retention period of 15 days;

Extended aeration at ambient temperature as a batch, without admixture or

withdrawal during the treatment period( * );

- Simultaneous aerobic stabilisation at ambient temperature(*);

- Storage in liquid form at ambient temperature as a batch, without admixture or

withdrawal during the storage period(*).

The sludge treatment shall at least achieve a 2 Log 10 reduction in

Escherichia Coli.

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The relevant process parameters shall be monitored at least daily, and

preferably continuously if practicable. Records shall be kept and made available

upon request to the competent authority for inspection purposes.

European standards for the monitoring of these treatment processes shall be

developed. If CEN standards are not available and until they are developed, ISO,

*The minimum time length of the treatment shall be laid down by the competent authority taking into

consideration the prevailing climatic conditions in the area where the treatment plant is located.

SLUDGE (USE IN AGRICULTURE)

international or national standards shall apply.

Annex II: Industrial Sectors

The code in the entries refers to the European Waste Catalogue adopted with

European Union Commission Decision of 3 May 2000 (as amended) replacing

Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of European

Council Directive 75/442/EEC on waste and European Union Council Decision 94/

904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council

Directive 91/689/EEC on hazardous waste.

1. 02 02 04 sludges from on site effluent treatment from the preparation and

processing of meat, fish and other foods of animal origin

2. 02 03 05 sludges from on site effluent treatment from fruit, vegetables,

cereals, edible oils, cocoa, coffee, [tea] and tobacco preparation, processing;

conserve production; tobacco processing; [yeast industry]

3. 02 04 03 sludges from on site effluent treatment from sugar processing

4. 02 05 02 sludges from on site effluent treatment from the baking and

confectionery industry

5. 02 06 03 sludges from on site effluent treatment from the baking and

confectionery industry

6. 02 07 05 sludges from on site effluent treatment from the production of

alcoholic and non-alcoholic beverages (excluding coffee, tea and cocoa)

7. 03 03 06 fibre and paper sludge

8. 04 01 06 sludges containing chromium from the leather and fur industry

9. 04 01 07 sludges free of chromium from the leather and fur industry

(1) No person shall cause or knowingly permit sludge to be

used or supply sludge to be used on agricultural land unless it is

treated in accordance with these regulations.

(2) The competent authority shall ensure that the sludge shall

be tested in accordance with Schedule 1.

(3) The Director of Agriculture shall ensure that the soil on

agricultural land shall be tested or assessed in accordance with

Schedule 2.

(4)

On agricultural land

(a) the average annual rate of addition to the land by

means of the sludge of any of the elements listed in

column (1) of the sludge table in Schedule 1 shall not

exceed the limit (in grams per hectare per year)

specified in column (2) thereof; and

(b) the concentration in the soil of any of the elements

listed in column (1) of the soil table in Schedule 2

shall not exceed the limit specified in column (2)

thereof; and where that limit is not exceeded at the

time of the use, it shall not be exceeded by reason of

the use.

(5)

The pH value of the soil shall not be less than 5.

(6) Any person who uses sludge on agricultural land shall use it

in such a way that account is taken of the nutrient needs of the

plants and that the quality of the soil and of the surface and ground

water is not impaired.

(1) Any person who uses sludge or septic tank sludge on

agricultural land shall use it according to the following table, such

advanced and conventional treatments being described in Annex I

TABLE

Advanced Treatment

Conventional

Treatment

Pastureland

Yes

Yes, deep injection

and no grazing in the

six following weeks

Forage crops

Yes

Yes, no harvesting in

the six weeks

following spreading

Arable crops

Yes

Yes, deep injection

or

immediate

ploughing down

Fruit and vegetable crops Yes

No. No harvest for

in contact with the ground

12 months following

application

Fruit and vegetable crops Yes

No. No harvest for

in contact with the ground

30 months following

eaten raw

application

Fuit trees, vineyards, tree Yes

Yes. Deep injection

plantations and re-

and no access to the

afforestation

public in the 10

months following

spreading

Parks, green areas, city Ye s ,

only

w e l l No

gardens, all urban areas stabilised and odourless

where the general public sludge

has access

Forests

No

No

Land reclamation

Yes

Yes, no access to the

public in the months

following spreading

(2) Where any untreated sludge has been used on land without

being injected into the soil, the occupier of the land affected shall,

as soon as reasonably practicable thereafter, cause such sludge to

be worked into the soil of the land affected.

When any person, other than the sludge producer or any

person acting on his behalf, uses sludge on land, the occupier of

that land shall forthwith provide the following information to the

sludge producer

(a) the address and area of the agricultural land

concerned;

(b) the date on which the sludge was used;

(c) the quantity of sludge so used; and

(d) where the occupier has used sludge not supplied by the

sludge producer, the name and address of the person

who supplied that sludge, and the quantity of sludge so

used which was supplied by that person.

Every sludge producer shall prepare and maintain a register

containing the following particulars

(a) the total quantity of sludge produced within a year

from when these regulations come into force and

subsequently, for each year thereafter;

(b) in relation to sludge supplied for the purpose of use in

agriculture within a year from when these regulations

come into force and subsequently, for each year

thereafter

(i) the total quantity of sludge supplied;

(ii) the composition and properties of that sludge as

determined in accordance with Schedule 1;

(iii) the quantities of treated sludge supplied and the

type of treatment carried out;

(iv) the names and addresses of the persons to whom

the sludge was supplied; and

(v) the address and area of each agricultural land on

which sludge has been used, the quantity of

sludge used thereon, and the amount of each of

the elements listed in the sludge table in

Schedule 1 which have been added thereto;

(c) a copy of every analysis or assessment made under

Schedule 2.

(1) A sludge producer shall make available the register

maintained under regulation 6 for inspection by the competent

authority and, or the Director of Agriculture with such information

or facilities as such authority or Director may reasonably require

relating to the register or otherwise relating to sludge supplied by

t h e s l u d g e p r o d u c e r, i n c l u d i n g f a c i l i t i e s f o r a n a l y s i s o f

representative samples of sludge or soil.

(2) As soon as reasonably practicable after testing sludge in

accordance with Schedule 1, the sludge producer shall provide

details of the analysis made under that Schedule to all persons to

whom the sludge producer supplies sludge.

Any person shall be guilty of an offence under these

regulations if

(a) he fails to comply with any provision of these

regulations or with any order lawfully given in terms

of any provision of these regulations; or

(b) he contravenes any restriction, prohibition or

requirement imposed by or under these regulations; or

(c) he acts in contravention of any of the provisions of

these regulations; or

(d) he conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising,

counselling or procurement to contravene the

provisions of these regulations or to fail to comply

with any such provisions, including any order lawfully

given in terms of any of the provision of these

regulations, or to contravene any restriction,

prohibition or requirement imposed by or under the

said regulations.

Any person who commits an offence against these

regulations shall, on conviction, be liable

(a) on a first conviction, to a fine (multa) of not less than

one thousand and one hundred and sixty-four euro and

sixty-nine cents (€1,164.69) but not exceeding two

thousand and three hundred and twenty-nine euro and

thirty-seven cents (€2,329.37);

(b) on a second or subsequent conviction, to a fine (multa)

of not less than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (€2,329.37)

but not exceeding four thousand and six hundred and

fifty-eight euro and seventy-five cents (€4,658.75), or

to imprisonment for a term not exceeding two years, or

to both such fine and imprisonment

Provided that whenever any person is found guilty of

committing an offence under these regulations by means of a

vehicle, the owner of the said vehicle, where applicable, is held

liable in the same manner and degree

Provided further that the court shall order any person who

has been found guilty of committing an offence against these

regulations to pay for the expenses incurred by the public entities

and, or other persons acting on their behalf involved in the

implementation of these regulations and restitution of the

environment as a result of the said offence, the revocation of the

permit issued by the Police and the confiscation of the corpus

delicti.

(1) The provisions of articles 23 and 30(1) of the Criminal

Code shall, mutatis mutandis, apply to proceedings, in respect of

offences against these regulations, so however that the

disqualification from holding or obtain a licence, permit or

authority shall in no case be for less than one year.

(2) Notwithstanding the provisions of article 370 of the

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

regulations shall be taken before the Court of Magistrates (Malta)

or the Court of Magistrates (Gozo), as the case may be, and shall be

in accordance with the provisions of the Criminal Code regulating

the procedure before the said courts as courts of criminal

judicature.

(3) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo) in respect

of proceedings for any offence against these regulations.

SLUDGE (USE IN AGRICULTURE)