The consequences of slurry leakage and failure to comply with UK regulations

You have had a slurry leakage accident, followed all of the protocol and now you are worried about the paperwork. The stress and worry of an inspection by the Environment Agency (EA) can be reduced if you record evidence properly.

Chris Andrews, Head of Criminal Defence, provides a step-by-step guide on staying compliant with UK regulations and best practices.

Immediate and follow-up actions

Once you have stopped the leakage, contained the spill and reported it to the EA as well as assessing the environmental impact and scale of the clean-up, comes the documentation and paperwork.

While this can seem daunting at the time, it will be of great assistance further down the line. It can be used to evidence your actions during an EA inspection. Your documentation should:

• Include the date, time and location of the slurry leakage.
• List the estimated volume, type of slurry and actions taken to contain and clean it.
• Document the communications with the EA or other authorities.
• Include photos of the spill or clean-up efforts.

Regulatory compliance and prevention

If the leakage was due to a failure in your slurry storage system, then you must notify the EA within 14 days if repairs or new construction are needed. Furthermore, you should ensure that your slurry store complies with Silage, Slurry and Agricultural Fuel Oil (SSAFO) Regulations, including sufficient capacity.

Additional steps should be taken to review storage and management by inspecting your slurry storage system for defects. Using tools like AHDB’s SlurryWizard can assist with calculating storage capacity to ensure compliance.

Work to prevent future leaks by regularly maintaining slurry stores, including checking liners (HDPE geomembranes) for damage and ensuring sufficient freeboard. Follow the DEFRA Code of Good Agricultural Practice for slurry spreading and storage to further minimise the risks.

Potential consequences

Failure to comply with any of these actions or regulations after a slurry leakage may lead to enforcement action. The EA could inspect your farm to assess your compliance with the Farming Rules for Water and SSAFO regulations.

If you are found to be within breach of either of these, you can face an unlimited fine in a magistrates’ court or face unlimited fines in Crown Court.

You may receive enforcement notices requiring repairs be carried out within 28 days. Additionally, you could lose Basic Payment Scheme (BPS) subsidies if the pollution is significant enough. And repeat offenders could even face a potential prison sentence.

As a legal firm established in the South West, we understand the legal challenges faced by farmers, agricultural businesses and landowners. We also know that environmental regulation is a complex and fast-moving area of the law. Our expert Rural Team can advise on staying compliant with all existing and upcoming regulations and policies within this sector.

For more information, contact our Rural Services team or call us on 0800 328 3282.