6. PREVENTING WATER POLLUTION THROUGH PRECAUTIONARY PRESCRIPTIONS

I - UNITED KINGDOM - The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations, 1991

1. These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations and shall come into force on 1st September 1991.

2. In these Regulations, unless the context otherwise requires:

"construct" includes install and cognate expressions shall be construed accordingly;

"fuel oil" means oil intended for use as a fuel for the production of heat or power but does not include oil intended for use exclusively as a fuel for heating a farmhouse or other residential premises on a farm and stored separately from other oil;

"livestock" means:

(a) any animals kept for the production of food or wool; or
(b) any birds kept for the production of food;

"reception pit" means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank;

"relevant substance" means slurry, fuel oil or, as the case may be, the crop being made into silage;

"slurry" means:

(a) excreta produced by livestock whilst in a yard or building; or

(b) a mixture consisting wholly or mainly of such excreta, bedding rainwater and washings from a building or yard used by livestock or any combination of these, of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;

"slurry storage system" means:

(a) a slurry storage tank;

(b) any reception pit and any effluent tank used in connection with the slurry storage tank; and

(c) any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank; and

"slurry storage tank" includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry.

3. (1) Subject to regulation 7 below, no person shall have custody or control of any crop which is being made into silage unless:

(a) it is kept in a silo in relation to which the requirements of Schedule 1 are satisfied or which is an exempt structure by virtue of regulation 6 below; or

(b) it is compressed in the form of bales which are wrapped and sealed within impermeable membranes (or are enclosed in impermeable bags) and are stored at least 10 metres from any inland or coastal waters which effluent escaping from the bales could enter.

(2) No person having custody or control of any crop which is being, or has been, made into silage in the manner described in paragraph (1)(b) above shall open or remove the wrapping of any bales unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.

4. (1) Subject to paragraph (2) below, a person having custody or control of slurry shall store it only in a slurry storage system in relation to which the requirements of Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 6 below.

(2) Paragraph (1) above shall not apply to slurry whilst it is stored temporarily in a tanker with a capacity not exceeding 18 000 litres which is used for transporting slurry on roads or about a farm.

5. (1) Subject to paragraph (2) below, no person shall have custody or control of fuel oil on a farm unless it is stored:

(a) in a fuel storage tank within a storage area in relation to which the requirements of Schedule 3 are satisfied;

(b) in drums within such a storage area;

(c) temporarily in a tanker used for transporting fuel oil on roads or about the farm;

(d) in a fuel storage tank which is an exempt structure by virtue of regulation 6 below; or

(e) in an underground fuel storage tank.

(2) Paragraph (1) above shall not apply if the total quantity of fuel stored on the farm does not exceed 1500 litres.

6. A silo, slurry storage system or fuel storage tank is for the time being an exempt structure if:

(a) it was used before 1st March 1991 for the purpose of making silage, storing slurry or, as the case may be, storing fuel oil;

(b) where it was not used before 1st March 1991 for that purpose, it was constructed before that date for such use; or

(c) a contract for its construction was entered into before 1st March 1991 or its construction was commenced before that date and in either case was completed before 1st September 1991, and it has not ceased to be an exempt structure by virtue of regulation 8(1) below.

7. (1) Subject to the following provisions of this regulation and regulation 8(2) below, regulation 3 above shall not apply where a person makes silage on a farm:

(a) unless he has given notice to the Authority before 1st September 1991 of his intention to do so and he keeps any crop which is being made into silage in a place at least 10 metres from any inland or coastal waters which silage effluent could enter if it were to escape;

(b) on or after 1st September 1996.

8. (1) A structure which is an exempt structure by virtue of regulation 6 above shall cease to be an exempt structure if:

(a) any requirement of a notice under regulation 9 below is not complied with within the period stated in the notice; or

(b) at any time on or after 1st March 1991 it is substantially enlarged or substantially reconstructed unless a contract for the work was entered into or the work was commenced before that date and in either case the work was completed before 1st September 1991.

(2) The exemption conferred by regulation 7 above shall cease if any requirement of a notice under regulation 9 below is not complied with within the period stated in the notice.

(3) Any reference in paragraphs (1) and (2) above to the period stated in a notice is to that period as extended if it has been extended under regulation 9(4) below or by virtue of regulation 10(5) below; and any reference in those paragraphs to a requirement of a notice is to that requirement as modified if it has been modified under regulation 9(4) below.

9. (1) Where the Authority is satisfied that there is a significant risk of pollution of controlled waters as a result of:

(a) the use of an exempt structure mentioned in regulation 6 above for storage of a relevant substance; or

(b) the making of silage in circumstances in which the exemption conferred by regulation 7 above applies,

it may serve notice on the person having custody or control of the relevant substance requiring him to carry out such works and to take such precautions and other steps as it considers appropriate, having regard to the requirements of Schedule 1, Schedule 2 or, as the case may be, Schedule 3, for reducing that risk to a minimum.

(2) The notice shall specify or describe the works, precautions or other steps which the person is required to carry out or take, state the period within which any such requirement is to be complied with and inform him of the effect in relation to the notice of regulation 10 below.

(3) The period for compliance stated in the notice shall be such period as is reasonable in the circumstances and shall not in any case be less than 28 days.

(4) The Authority may at any time:

(a) withdraw the notice;
(b) extend the period for compliance with any requirement of the notice;
(c) with the consent of the person on whom the notice is served, modify the requirements of the notice, and shall do so if so directed by the Secretary of State under regulation 10(4) below.

10. (1) A person served with a notice under regulation 9 above may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Secretary of State may allow) appeal to the Secretary of State against the notice.

(2) An appeal under this regulation shall be made by the appellant serving notice on the Secretary of State and the notice shall contain or be accompanied by a statement of the grounds of appeal.

(3) Before determining an appeal under this regulation the Secretary of State shall, if requested to do so by the appellant or the Authority, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) On determining an appeal under this regulation the Secretary of State shall have power to direct the Authority to withdraw the notice under regulation 9 above, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.

(5) The period for compliance with a notice under regulation 9 above shall, subject to any direction under paragraph (4) above, be extended by a period equal to the period beginning with the date on which notice of appeal is served and ending on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.

11. A person who proposes to have custody or control of any relevant substance which is to be kept or stored on a farm in a silo, slurry storage system or, as the case may be, fuel storage area constructed, substantially enlarged or substantially reconstructed on or after 1st September 1991 shall serve notice on the Authority specifying the type of structure to be used and its location at least 14 days before it is to be used for such keeping or storage.

12. (1) A person who contravenes regulation 3(1) or (2), 4(1) or 5(1) above shall be guilty of an offence and liable:

(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.

(2) A person who contravenes regulation 11 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Schedule 1 - Requirements for Silos [Regulation 3(1)(a)]

1. The requirements which have to be satisfied in relation to a silo are that:

(a) it complies with the following provisions of this Schedule; or

(b) it is designed and constructed in accordance with the standard on cylindrical forage tower silos published by the British Standards Institution and numbered BS 5061:1974.

2. The base of the silo shall extend beyond any walls of the silo and shall be provided at its perimeter with channels designed and constructed so as to collect any silage effluent which may escape from the silo and adequate provision shall be made for the drainage of that effluent from those channels to an effluent tank through a channel or pipe.

3. The capacity of the effluent tank:

(a) in the case of a silo with a capacity of less than 1500 cubic metres, shall be not less than 20 litres for each cubic metre of silo capacity; and

(b) in the case of a silo with a capacity of 1500 cubic metres or more, shall be not less than 30 cubic metres plus 6-7 litres for each cubic metre of silo capacity in excess of 1500 cubic metres.

4. The base of the silo, the base and walls of its effluent tank and channels and the walls of any pipes shall be impermeable.

5. The base and any walls of the silo, its effluent tank and channels and the walls of any pipes shall, so far as reasonably practicable, be resistant to attack by silage effluent.

6. No part of the silo, its effluent tank or channels or any pipes shall be situated within 10 metres of any inland or coastal waters which silage effluent could enter if it were to escape.

7. If the silo has retaining walls:

(a) the retaining walls shall be capable of withstanding minimum wall loadings calculated on the assumptions and in the manner indicated by paragraphs 13.9.1 to 13.9.9 of the code of practice on buildings and structures for agriculture published by the British Standards Institution and numbered BS 5505: Part 22: 1987;

(b) the silo shall at no time be loaded to a depth exceeding the maximum depth consistent with the design assumption made in respect of the loadings of the retaining walls; and

(c) notices shall be displayed on the retaining walls in accordance with paragraph 13.9.9 of that code of practice.

8. Subject to paragraph 9 below, the silo, its effluent tank and channels and any pipes shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 5 and, if applicable, 7(a) above for a period of at least 20 years.

9. Where any part of an effluent tank is installed below ground level, the tank shall be designed and constructed so that without maintenance it is likely to satisfy the requirements of paragraphs 4 and 5 above for a period of at least 20 years.

Schedule 2 - Requirements for Slurry Storage Systems [Regulation 4(1)]

1. The requirements which have to be satisfied in relation to a slurry storage system are as follows.

2. The base of the slurry storage tank, the base and walls of any effluent tank, channels and reception pit and the walls of any pipes shall be impermeable.

3. The base and walls of the slurry storage tank, any effluent tank, channels and reception pit and the walls of any pipes shall be protected against corrosion in accordance with paragraph 7.2 of the code of practice on buildings and structures for agriculture published by the British Standards Institution and numbered BS 5502: Part 50: 1989.

4. The base and walls of the slurry storage tank and of any reception pit shall be capable of withstanding characteristic loads calculated on the assumptions and in the manner indicated by paragraph 5 of that code of practice.

5. (1) Any facilities used for the temporary storage of slurry before it is transferred to a slurry storage tank shall have adequate capacity to store the maximum quantity of slurry which (disregarding any slurry which will be transferred directly into a slurry storage tank) is likely to be produced on the premises in any two day period.

(2) where slurry flows into a channel before discharging into a reception pit and the flow of slurry out of the channel is controlled by means of a sluice, the capacity of the reception pit shall be adequate to store the maximum quantity of slurry which can be released by opening the sluice.

6. (1) Subject to sub-paragraph (2) below, the slurry storage tank shall have adequate storage capacity for the likely quantities of slurry produced from time to time on the premises in question having regard to:

(a) the proposed method of disposal of the slurry (including the likely rates and times of disposal); and
(b) the matters mentioned in sub-paragraph (3) below.

(2) Where it is proposed to dispose of the slurry on the premises by spreading it on the land nothing in sub-paragraph (1) above shall require the tank to have a greater storage capacity than is adequate, having regard to the matters mentioned in sub-paragraph (3) below, to store the maximum quantity of slurry which is likely to be produced in any continuous four month period.

(3) The matters to which regard is to be had under sub-paragraphs (1) and (2) above are:

(a) the storage capacity of any other slurry storage tank on the premises in question;

(b) the likely quantities of rainfall (including any fall of snow, hail or sleet) which may fall or drain into the slurry storage tank during the likely maximum storage period; and

(c) the need to make provision for not less than 750 millimetres of freeboard in the case of a tank with walls made of earth and 300 millimetres of freeboard in all other cases;

7. No part of the slurry storage tank or any effluent tank, channels or reception pit shall be situated within 10 metres of any inland or coastal waters which slurry could enter if it were to escape.

8. The slurry storage tank and any effluent tank, channels, pipes and reception pit shall be designed and constructed so that with proper maintenance they are likely to satisfy the requirements of paragraphs 2 to 4 above for a period of at least 20 years.

9. Where the walls of the slurry storage tank are not impermeable, the base of the tank shall extend beyond its walls and shall be provided with channels designed and constructed so as to collect any slurry which may escape from the tank and adequate provision shall be made for the drainage of the slurry from those channels to an effluent tank through a channel or pipe.

10. (1) Subject to sub-paragraph (2) below, where the slurry storage tank, any effluent tank or reception pit is fitted with a drainage pipe there shall be two valves in series on the pipe and each valve shall be capable of shutting off the flow of slurry through the pipe and shall be kept shut and locked in that position when not in use.

(2) Sub-paragraph (1) above does not apply in relation to a slurry storage tank which drains through the pipe into another slurry storage tank of equal or greater capacity or where the tops of the tanks are at the same level.

11. In the case of a slurry storage tank with walls which are made of earth the tank shall not be filled to a level which allows less than 750 millimetres of freeboard.

Schedule 3 - Requirements for Fuel Oil Storage Areas [Regulation 5(1)(a)]

1. The requirements which have to be satisfied in relation to a fuel oil storage area are as follows.

2. The fuel storage area shall be surrounded by a bund capable of retaining within the area:

(a) in a case where there is only one fuel storage tank within the fuel storage area and fuel oil is not otherwise stored there, a volume of fuel oil not less than 110 per cent of the capacity of the tank;

(b) in a case where there is more than one fuel storage tank within the fuel storage area and fuel oil is not otherwise stored there, a volume of fuel oil not less than whichever is the greater of:

(i) 110 per cent of the capacity of the largest tank within the storage area; and
(ii) 25 per cent of the total volume of such oil which could be stored in the tanks within the area;

(c) in a case where there is no fuel storage tank within the fuel storage area, a volume of fuel oil not less than 25 percent of the total of such oil at any time stored within the area;

(d) in any other case, a volume of fuel oil not less than any of the following:

(i) 110 percent of the capacity of the fuel storage tank, or as the case may be, of the largest tank within the fuel storage area;

(ii) where there is more than one fuel storage tank within the fuel storage area, 25 per cent of the total volume of such oil which could be stored in the tanks within the area;

(iii) 25 per cent of the total volume of such oil at any time stored within the area.

3. The bund and the base of the storage tank shall be impermeable and shall be designed and constructed so that with proper maintenance they are likely to remain so for a period of at least 20 years.

4. Every part of any fuel tank shall be within the bund.

5. Any tap or valve permanently fixed to the tank through which fuel oil can be discharged to the open shall also be within the bund, shall be so arranged as to discharge vertically downwards and shall be shut and locked in that position when not in use.

6. Where fuel from the tank is delivered through a flexible pipe which is permanently attached to the tank:

(a) it shall be fitted with a tap or valve at its end which closes automatically when not in use; and
(b) it shall be locked in a way which ensures that it is kept within the bund when not in use.

7. No part of the fuel storage area or the bund enclosing it shall be situated within 10 metres of any inland or coastal waters which fuel oil could enter if it were to escape.

II - SOUTH AFRICA - Regulations on Use of Water for Mining and Related Activities aimed at the Protection of Water Resources, 1999

6. Capacity requirements of clean and dirty water systems

Every person in control of a mine or activity must --

a) confine any unpolluted water to a clean water system, away from any dirty area;

b) design, construct, maintain and operate any clean water system at the mine or activity so that it is not likely to spill into any dirty water system more than once in 50 years;

c) collect the water arising within any dirty area, including water seeping from mining operations, outcrops or any other activity, into a dirty water system;

d) design, construct, maintain and operate any dirty water system at the mine or activity so that it is not likely to spill into any clean water system more than once in 50 years;

e) design, construct, maintain and operate any dam or tailings dam that forms part of a dirty water system to have a minimum freeboard of 0.8 metres above full supply level, unless otherwise specified in terms of Chapter 12 of the Act; and

f) design, construct and maintain all water systems in such a manner as to guarantee the serviceability of such conveyances for flows up to and including those arising as a result of the maximum flood with an average period of recurrence of once in 50 years.

7. Protection of water resources

Every person in control of a mine or activity must take reasonable measures to --

a) prevent water containing waste or any substance which causes or is likely to cause pollution of a water resource from entering any water resource, either by natural flow or by seepage, and must retain or collect such substance or water containing waste for use, re-use, evaporation or for purification and disposal in terms of the Act;

b) design, modify, locate, construct and maintain all water systems, including residue deposits, in any area so as to prevent the pollution of any water resource through the operation or use thereof and to restrict the possibility of damage to the riparian or in-stream habitat through erosion or sedimentation, or the disturbance of vegetation, or the alteration of flow characteristics;

c) cause effective measures to be taken to minimise the flow of any surface water or floodwater into mine workings, open-cast workings, other workings or subterranean caverns, through cracked or fissured formations, subsided ground, sinkholes, outcrop excavations, adits, entrances or any other openings;

d) design, modify, construct, maintain and use any dam or any residue deposit or stockpile used for the disposal or storage of mineral tailings, slimes, ash or other hydraulic transported substances, so that the water or waste therein, or falling therein, will not result in the failure thereof or impair the stability thereof;

e) prevent the erosion or leaching of materials from any residue deposit or stockpile from any area and contain material or substances so eroded or leached in such area by providing suitable barrier dams, evaporation dams or any other effective measures to prevent this material or substance from entering and polluting any water resources;

f) ensure that water used in any process at a mine or activity is recycled as far as practicable, and any facility, sump, pumping installation, catchment dam or other impoundment used for recycling water, is of adequate design and capacity to prevent the spillage, seepage or release of water containing waste at any time;

g) at all times keep any water system free from any matter or obstruction which may affect the efficiency thereof; and

h) cause all domestic waste, including wash-water, which cannot be disposed of in a municipal sewage system, to be disposed of in terms of a licence under the Act.

8. Security measures

Every person in control of a mine or activity must --

a) cause any impoundment or dam containing any poisonous, toxic or injurious substance to be effectively fenced-off so as to restrict access thereto, and must erect warning notice boards at prominent locations so as to warn persons of the hazardous contents thereof;

b) ensure access control in any area used for the stockpiling or disposal of any residue or substance which causes, has caused or is likely to cause pollution of a water resource so as to protect any measures taken in terms of these regulations;

c) not allow the area contemplated in paragraph (a) and (b) to be used for any other purpose, if such use causes or is likely to cause pollution of a water resource; and

d) protect any existing pollution control measures or replace any existing pollution control measures deleteriously affected, damaged or destroyed by the removing or reclaiming of materials from any residue deposit or stockpile, and establish additional measures for the prevention of pollution of a water resource which might occur, is occurring or has occurred as a result of such operations.

9. Temporary or permanent cessation of mine or activity

1) Any person in control of a mine or activity must at either temporary or permanent cessation of operations ensure that all pollution control measures have been designed, modified, constructed and maintained so as to comply with these regulations.

2) Any person in control of a mine or activity must ensure that the instream and riparian habitat of any water resource, which may have been affected or altered by a mine or activity, is remedied so as to comply with these regulations.

3) On either temporary or permanent cessation of a mine or activity the Minister may request a copy of any surface or underground plans as required in terms of the Minerals Act, 1991.

12. Technical investigation and monitoring

1) The Minister may, after consultation with the Department of Minerals and Energy and the Department of Environmental Affairs and Tourism, in writing require any person in control of a mine or activity to arrange for a technical investigation or inspection, which may include an independent review, to be conducted on any aspect aimed at preventing pollution of a water resource or damage to the instream or riparian habitat connected with or incidental to the operation or any part of the operation of a mine or activity.

2) Such investigation must be conducted and a report thereon compiled in the manner and within the time period that the Minister may specify.

3) The person in control of the mine or activity must inform the Minister as to the expertise and qualifications of the persons who are to conduct an investigation, audit or inspection contemplated in sub-regulation (1) before the commencement thereof.

4) The Minister may in writing require any person in control of a mine or activity to submit a programme of implementation to prevent or rectify any pollution of a water resource or damage to the instream or riparian habitat as recommended by the investigation contemplated in sub-regulation (1) within the time period that the Minister may specify.

5) The Minister may in writing direct any person in control of a mine or activity to implement a compliance monitoring network, to monitor the programme of implementation contemplated in sub-regulation (4), through establishing, operating and maintaining monitoring installations of a type, at the locations and in the manner specified by the Minister and to submit the monitoring information and results to the Minister for evaluation.

6) Subject to Chapter 4 of the Act, any person in control of a mine or activity must submit plans, specifications and design reports approved by a professional engineer to the Minister, not later than 60 days prior to commencement of activities relating to--

a) the construction of any surface dam for the purpose of impounding waste, water containing waste or slurry, so as to prevent the pollution of a water resource;

b) the implementation of any pollution control measures at any residue deposit or stockpile, so as to prevent the pollution of a water resource; and

c) the implementation of any water control measures at any residue deposit or stockpile, so as to prevent the pollution of a water resource.