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Guidelines for farmers in nitrate vulnerable zones

i Introductory Booklet

Contents

Introduction
SECTION 1 - Summary of NVZ rules
SECTION 2 - Record-keeping requirements
SECTION 3 - Restrictions on the quantity of organic nitrogen applied
SECTION 4 - Restrictions on the timing of nitrogen applications (closed periods)
SECTION 5 - Other restrictions on nitrogen application
SECTION 6 - Storage of slurry, poultry manure and farmyard manure
SECTION 7 - Monitoring and Enforcement
Appendix I: Glossary of Terms
Appendix II: Conversion Factors
Lower Nithsdale NVS-Parish Codes And Names
LOTHIAN/BORDERS NVZ-Parish Codes and Names
STRATHMORE AND FIFE NVZ
MORAY/ABERDEENSHIRE/BANFF & BUCHAN NVZ-Parish Codes and Names
Contacts

Introduction

The European Nitrates Directive 91/676/EEC aims to reduce water pollution from agricultural sources. Inappropriate use of inorganic (chemical) fertilisers and organic manure can result in an increase in nitrate pollution of surface and ground waters. The main sources and losses of nitrate to water in agricultural areas are shown in the diagram below.

The main sources and losses of nitrate to water

The Directive requires legally binding rules to be put in place for Nitrate Vulnerable Zones (NVZs) to reduce nitrate loss from agricultural land when nitrate levels exceed, or are likely to exceed, the levels set in the Directive. These rules are known as Action Programmes.

In January 2003 the Minister for Environment and Rural Development introduced the Action Programme measures to be followed in NVZs in Scotland. The guidance in this booklet is designed to help you to comply with those measures.

This guidance was prepared on behalf of the Scottish Executive Water Environment Unit. It updates previous guidance on farming within NVZs and brings together relevant sections of the Code of Good Practice for the Prevention of Pollution from Agricultural Activity (PEPFAA Code) and the most recent technical advice. The Nitrogen and Phosphorus Supplement to the PEPFAA Code includes further detail on the measures which are mandatory within NVZs and the guidance it contains should be referred to and followed. The 4-Point Plan also provides guidance for livestock farmers on minimising pollution. Copies of these documents are available from your SEERAD Area office.

SECTION 1 - Summary of NVZ rules

Below is a summary of the NVZ rules - you should refer to the main text for full details.

Record keeping

Farm records must be kept for at least five years, from the date of the last entry, including details of cropping, livestock numbers, the use of inorganic (chemical) nitrogen fertilisers and organic manure.

A Fertiliser and Manure Plan must be prepared and implemented each year and is required to:

• establish the quantities of livestock manure produced on the farm.

• demonstrate sufficient storage capacity and land available for spreading organic manure.

• contain an assessment of the amount of nitrogen available to grass and crops following application of organic manure.

• contain an assessment of crop and grass requirement for nitrogen fertiliser in each field taking account of nitrogen supply from soil organic matter, crop residues and organic manure.

Further information on the record-keeping requirements can be found in section 2 of this booklet.

Nitrogen application limits

Nitrogen applications from all sources (organic and inorganic) must not exceed the crop/grassland nitrogen requirement.

Detailed guidance on how to calculate the nitrogen requirement of crops and grassland can be found in the accompanying booklet, Fertiliser and Manure Plans - Part 1, Determining crop and grassland N requirements.

Organic Manure use within the NVZ must not exceed the farm-based limits set out below:

* Note: Although the farm-based limits are averaged over the whole of the grassland or non-grassland area, applications of organic N cannot exceed 250kg/ha on any individual field within any 12 month rolling period.
This individual field limit excludes any grazing deposition.

These are annual limits calculated for the period 19 December to 18 December and apply to all organic manure, including wastes such as sewage sludge.

More detailed information on farm and field-based limits can be found in section 3 of this booklet.

Guidance on how to calculate your farm and field-based limits can be found in the accompanying booklet, Fertiliser and Manure Plans - Part 2, Manure Planning.

Closed periods when NO applications should be made

Inorganic (chemical) nitrogen fertiliser - all soils

Note: If there is a specific crop requirement during the closed period, you must notify your SEERAD Area office, in writing, within 3 days of applying the fertiliser. The notification must include details of the agricultural justification for applying the fertiliser.

Slurry, poultry manure and liquid digested sewage sludge on sandy/shallow soil only.

Further information on closed periods can be found in section 4 of this booklet.

Other restrictions on nitrogen application

Inorganic nitrogen fertiliser and organic manure must NOT be applied:

• when the soil is waterlogged, flooded, frozen hard or snow covered

• to steeply sloping fields

• to uncropped areas, hedges and watercourses

• unevenly and inaccurately.

In addition organic manure must not be applied within 10m of watercourses or within 50m of a well, borehole, or similar water supply.

Further information on other restrictions can be found in section 5 of this booklet.

Storage of slurry/poultry manure

The capacity of storage facilities must be sufficient to hold all of the slurry/poultry manure that cannot be applied due to closed periods (i.e. slurry/poultry manure on sandy/shallow soils).

Further information on slurry/poultry manure storage can be found in section 6 of this booklet.

Guidance on calculating the amount of slurry produced by livestock on your farm and the storage capacity likely to be required can be found in the accompanying booklet Fertiliser and Manure Plans - Part 2, Manure Planning.

SECTION 2 - Record-keeping requirements

A well-devised Fertiliser and Manure Plan will enable effectively targeted applications of livestock manure and inorganic fertilisers and ultimately lead to reductions in nitrate leaching. It may also produce savings in fertiliser costs.

Farm records are essential to monitor compliance with the Action Programme rules and are a legal requirement.

The regulations require you to keep records for the land that you farm within the NVZ. It is your responsibility to ensure that these records demonstrate that you have complied with Action Programme rules.

• A Fertiliser and Manure Plan must be prepared and implemented each year and must be available for inspection by SEERAD Area Office staff. A fertiliser and manure plan may also produce savings in fertiliser costs. The plan must:

• establish the quantities and type of livestock manure that are likely to be produced on the farm

• demonstrate that there is sufficient storage capacity and land available for spreading the manure produced

• contain an assessment of the amount of nitrogen available to grass and crops following application of organic manure

• contain an assessment of crop and grass requirement for nitrogen fertiliser in each field taking account of nitrogen supply from soil organic matter, crop residues and organic manure.

• Farm Records must include:

• the area of the farm and the individual fields within the NVZ excluding areas of woodland, roads and hard-standing

• the cropping of each field within the NVZ including sowing dates

• applications of chemical fertiliser including quantities and application dates

• any applications of organic manure including type, quantity and application dates

• any livestock kept on the land within the NVZ including type and length of time kept (i.e. normal stocking cycles)

• any organic manure moved off the land within the NVZ including quantities, dates and details of the recipient

• any organic manure moved onto the land within the NVZ including quantities, dates and details of the consignor

• the method of disposal of leafy vegetable residues from each field where vegetables have been grown.

You must keep these records for at least five years. The Individual Field Record Sheet shown at Table H in the blank tables booklet provides an example of the information required. This Table may be used if you do not already have a field recording system that meets with NVZ action programme requirements, or it may be used as a model for what is required.

Guidance on preparing Fertiliser and Manure Plans is contained in the accompanying booklets, Fertiliser and Manure Plans, Parts 1 and 2.

SECTION 3 - Restrictions on the quantity of organic nitrogen applied

It is necessary to limit applications of total nitrogen from all organic manure, to minimise leaching losses. The Action Programme rules therefore impose limits on the total amount of organic nitrogen that can be applied to land within an NVZ. Separate limits apply to grassland and non-grassland areas. The higher limit for grassland is justified by the longer growing season and the lower leaching risk.

Farm-based limits for organic manure

• Annual farm-based organic nitrogen application limits apply from 19 December to 18 December in the following year

• The limits apply to all organic manure and include products such as sewage sludge

• The limits do not apply to inorganic nitrogen fertilisers, which should be applied according to crop requirement, taking account of any organic manure applications

• These limits are based upon the area of agricultural land on the farm, within the NVZ. Areas of woodland, roads, yards and other non-agricultural areas are excluded from the calculations

Farm-based limit

• Applies to any farm or part of a farm within an NVZ

• Includes grazing deposition (i.e. manure deposited by animals whilst occupying the field)

• Grassland area limit is 250kg N/ha averaged over the area in grass

• Non grassland area limit is 170kg N/ha averaged over the area not in grass

Averaging the limits over the area in each category provides flexibility to adjust application rates in individual fields, according to crop needs. However, the application of excessive amounts of organic N onto individual fields is not permitted, as this goes against the requirements of good farming practice.

• A maximum field application limit of 250kg organic N/ha therefore applies to individual fields within an NVZ within any 12 month rolling period.

• This individual field application limit is calculated on the basis of the available spreading area within each field and applies in addition to any grazing deposition. But remember that grazing deposition must be taken into account when calculating the farm-based limits for grassland and non-grassland areas.

What if I have insufficient land to spread within these limits?

• If you have insufficient land within the NVZ, then you should consider utilising excess on other farmland, in accordance with good agricultural practice and NVZ guidelines where appropriate, or

• Reducing livestock numbers

How do I calculate whether I comply with these limits?

Booklet 2 in this guidance pack tells you how to calculate your farm-based limits. It also tells you how to calculate the amount of organic N produced by livestock on your holding using standard figures, which represent typical nitrogen excreta rates for different types of livestock.

SECTION 4 - Restrictions on the timing of nitrogen applications (closed periods)

At some times of the year some crops do not require nitrogen. If it is applied during this time it is poorly utilised and at greater risk of being leached from the soil into water. Consequently, restrictions on the timing of nitrogen application (closed periods) have been introduced.

Inorganic (chemical) fertilisers

Applications of inorganic N fertiliser are prohibited during the months when the risk of nitrate leaching is highest. The closed periods for applying inorganic fertilisers containing nitrogen are:

Moray, Aberdeenshire, Banff & Buchan NVZ:

• between 15 September and 20 February in the case of grassland

• between 1 September and 20 February in the case of other land unless there is a specific crop requirement during that time.

All other NVZs:

• between 15 September and 15 February in the case of grassland

• between 1 September and 15 February in the case of other land unless there is a specific crop requirement during that time.

If you identify a need for inorganic nitrogen fertiliser during the closed period, due to a particular crop requirement then you must:

• notify your SEERAD Area office, in writing, within 3 days of applying the fertiliser.

• include details of the date the application was made, the quantity that was applied and the N content of the fertiliser applied.

• keep a record of the agronomic justification for the application of N at that time of year.

Organic manure

Do not apply slurry, poultry manure or liquid digested sewage sludge on sandy/shallow soils:

• between 1 October and 1 November in any year where the land is in grass or will have an autumn sown crop; or

• between 1 August and 1 November in any other case.

Sandy and shallow soils do not retain water as readily as other soils and therefore create an increased leaching risk. Nitrate leaching from applications of farmyard manure (FYM) is far less likely than for inorganic nitrogen, slurry, poultry manure or liquid digested sewage sludge. Application timing for FYM is therefore less crucial, in terms of leaching.

N.B. Dirty water (rainwater that has passed across fouled concrete in a farmyard or wash water from a dairy/parlour) which is collected separately from slurry is not regarded as slurry under the NVZ rules.

If you are unsure of the soil types on your farm, Booklet 3 (page 3) contains guidance on how to assess the soil type and a description of soil types is given in Table 1.

SECTION 5 - Other restrictions on nitrogen application

If nitrogen is applied inaccurately then some parts of the crop may receive too much nitrogen and the excess will be prone to leaching. Other areas of the crop may not receive enough nitrogen and so yields and quality may be affected.

Runoff entering watercourses can cause water pollution problems. Under certain field conditions (e.g. frozen, waterlogged, flooded or covered with snow) the risk of run-off is greatly increased. The risk increases with slope. Proximity to watercourses should also be taken into account due to the risk of causing water pollution.

When applying inorganic nitrogen fertilisers and organic manure to land, you should:

• ensure that the correct application rate is used

• apply in as accurate a manner as is practically possible

• test all spreading equipment regularly for spreading accuracy and correct calibration for the application rate. If appropriate, spreading equipment should be fitted with headland deflector plates.

Don't apply inorganic or organic nitrogen fertilisers:

• to uncropped areas, hedges and watercourses including ditches

• to steeply sloping fields. The legislation does not define a 'steeply sloping field' but fields in this category are unlikely to have been cultivated using a wheeled tractor

• if the soil is waterlogged, flooded, or covered with snow

• if the land has been frozen for 12 hours or longer in the preceding 24 hours. Application may be acceptable on days when early morning frost is predicted to thaw during the day provided heavy rain is not forecast and other requirements of the Action Programme Regulations are met. It is important to ensure that soil does not become compacted as a result of making such applications on frosted ground.

Organic manure must not be applied:

• to any land less than 10m from a watercourse including land near rivers and lochs and any temporarily dry ditches

• within 50m of a well, borehole or similar water supply.

Adherence to these rules is consistent with Good Agricultural Practice and will minimise the risk of pollution from nitrates and optimise inputs of nutrients.

If vegetable crop residues exist, they should be:

• incorporated into the soil when an autumn sown crop is established; or

• the residues may be incorporated into the soil with a binding material such as straw or an appropriate paper mill sludge before 1 October; or left untouched until 1 December at the earliest. If you produce leafy vegetable waste you may wish to refer to the final section in Booklet 1 - Fertiliser and Manure Plans, Part 1 - Determining crop and grassland N requirements.

SECTION 6 - Storage of slurry, poultry manure and farmyard manure

If your farm produces slurry/poultry manure you are prohibited from spreading it on sandy/shallow soil in an NVZ, during the closed period. In these circumstances:

• The capacity of storage facilities must be sufficient to store all of the slurry/poultry manure that cannot be spread during the closed period, or

• The manure that is produced in excess of the storage requirement can be utilised in a manner that will not cause harm to the environment, e.g. spreading outwith the NVZ, in accordance with good agricultural practice. You must demonstrate that these requirements have been met, through your Fertiliser and Manure plan/farm records.

Farms where slurry is produced are subject to the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Scotland) Regulations 2001.

• The regulations require that new, substantially enlarged or reconstructed slurry storage systems must have the capacity to store the slurry which is likely to be produced in a continuous six-month period.

• SEPA may, however, accept a lesser storage capacity where it can be demonstrated, by way of a Farm Waste Management Plan, that this will not cause harm to the environment or lead to a significant risk of pollution of controlled waters.

Field middens must be sited at least 10m away from any inland or coastal waters and 50m at least away from any well, borehole or similar water supply. Run-off from middens is included in the definition of slurry, whereas the solid manure itself is not. Such run-off is therefore covered by the Regulations and must be suitably collected and stored prior to land spreading.

Adherence to these rules is consistent with Good Agricultural Practice and will minimise the risk of water pollution.

You should contact your local SEPA office about any plans for waste storage facilities and must notify SEPA prior to bringing the facilities into use, to ensure that they meet the requirements of the Regulations. SEPA have powers under these Regulations to require changes to existing facilities, via an improvement notice, if they pose a significant risk of pollution.

SECTION 7 - Monitoring and Enforcement

Who is responsible for complying with the rules?

The legal obligation to comply with the Action Programme rules rests with the occupier of each farm with land in an NVZ. Agricultural land may be occupied and farmed under a variety of different circumstances. Therefore standard definitions have not been made for either 'occupier' or 'farm' and this guidance is not intended to be definitive.

Some rules will apply to individual fields and others will apply to all or any part of the farm that lies within a NVZ. If more than one person is involved in the management and farming of the land (such as partnerships, tenancies and share farming agreements) both parties have responsibility for compliance with the NVZ rules. It may be useful to include respective responsibilities in a formal agreement.

• Under short-term agreements in respect of fields or other blocks of land which do not constitute a farm in their own right, the person letting out the land will be treated as the occupier of that land if they remain responsible for the day-to-day management of the land. Given the variety of land use agreements, a 'short-term agreement' has not been clearly defined but any agreement of 2 years or less is likely to be regarded as short-term. This also applies to short-term grazing lets. Persons renting out land under these types of agreement may therefore wish to ensure that the tenants are aware of the restrictions applying to land in an NVZ.

• Under long-term arrangements, i.e. periods of more than 2 years, the farmer who is using the land is likely to be treated as the occupier and will be responsible for compliance with the NVZ rules on that land. For example, if a farmer rents grazing land from a neighbour under a five-year agreement then that land will normally be treated as effectively forming part of the farm to which it is being added, instead of the farm or unit from which it is being rented.

Assessments to check compliance with the rules will be made on the basis of the circumstances applying in each individual case. Further advice can be obtained from your SEERAD Area Office.

Monitoring

Farms within NVZs will be monitored to ensure compliance with the Action Programme rules. Separate water quality monitoring will also assess the effectiveness of the Action Programme in reducing any water pollution caused by nitrates from agricultural sources.

The occupier of any farm all or part of which is in an NVZ must:

• allow authorised persons to enter the farmland, take samples, install and maintain equipment

• where reasonable and requested, accompany them during the inspection of any land

• produce for inspection any documents or records that may be reasonably required.

Enforcement

You are required by law to meet the obligations of the mandatory measures described in this Booklet. The legislation does not allow exceptions to be made.

SEERAD Area office staff are responsible for enforcement of the legislation.

Penalties

If you do not comply with the measures set out in the NVZ Action Programme, SEERAD may serve a notice on you. The notice will explain any required action to be taken and set out any other relevant steps which are considered necessary to ensure that there is no continuation or repetition of the activity to which the notice relates.

The period for compliance stated in the notice will be sufficient to allow steps to be taken or measures to be implemented to rectify the contravention and will not be less than 28 days. SEERAD may, at any time, withdraw the notice or extend the period for compliance. They may also modify the requirements of the notice, but only with the consent of the person on whom the notice is served. Failure to ensure that an Action Programme is implemented on land in an NVZ or to comply with a notice served by SEERAD is a criminal offence. You are liable on summary conviction to a maximum fine of 5,000, or on conviction on indictment to a fine of an unlimited amount.

Appeals

If you are served with a statutory notice you may appeal against the notice, to the Scottish Land Court. Any appeal should be submitted within 28 days from the date the notice is served. Further details of the appeals procedure will be included with any notice served.

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