How to comply with water pollution regulations

In England, all farmers must follow the regulations commonly known as the farming rules for water and SSAFO (Silage, Slurry, and Agricultural Fuel Oil). Farmers located in Nitrate Vulnerable Zones (NVZs) however – which cover 55% of England – must also follow the NVZ Regulations. These regulations can appear complicated, as some aspects overlap in potentially confusing ways. However, it is important to understand them and take action to become compliant in order to protect the environment, improve nutrient-use efficiency, and keep within the law.

The UK Government has faced challenges in communicating the rules to farmers on water pollution, not least because information provided is spread across various government webpages and documents. Of the farms which the Environment Agency (EA) inspected in 2023-2024, 49% were non-compliant with at least one aspect of the regulations at the time of inspection.

However, there is plenty of help available to support farmers in achieving compliance. The Environment Agency has published an article introducing a new, pocket-sized guide to help farmers comply - Harvesting Success: Pollution-Prevention Rules for Farmers – sharing insights on common areas of non-compliance.

The booklet simplifies the regulation and requirements, and brings all of the information into one place for different farming enterprises, making it essential reading. It covers the three regulations mentioned above, as well as rules on handling and land-spreading waste, managing sheep dip, abstracting water, permitting for intensive pigs and poultry, and the code of practice for pesticides.

Legislation and official rules are in black text and the Environment Agency’s ‘top tips’ are in green boxes. The top tips indicate best practice, and you do not need to do everything, but they may be a helpful place to begin. At the back of the booklet, there is a table which summarises the minimum distance from water sources that you can carry out certain activities.

The CLA has a handful copies which we will distribute to regional offices.

Over the last three years, the EA has ramped up its inspection regime and has now visited about 10% of all farms in England. The average farm can now expect an inspection roughly eight times as frequently as they did in the past.

While many farms do their best to understand and comply, there has been a degree of complacency due to the low levels of enforcement previously. With more inspections, this is changing though, targeted at high-risk businesses and triggered by anonymous reports of poor practice.

Whilst inspections are not trivial matters, it is important to remember that the Environment Agency follows an advice-first approach. This means that inspectors work with farmers to help them comply and only make enforcements against those who are not taking steps to become compliant following the inspection. When dealing with inspectors, it may be helpful to clarify what is a legal requirement and what is their suggested approach. The CLA is here to support members with one-to-one advice as needed.

Below are some key findings from the EA’s analysis of its inspections over the last three years. It provides some interesting insights that can help businesses be proactive in compliance.

It should be noted that the statistics, based on inspection data from April 2021 to present, are a snapshot:

• About 70% of inspected dairy farms were non-compliant with at least one of the regulations inspected.
• 43% of inspected farms in Nitrate Vulnerable Zones were non-compliant with at least one part of the NVZ regulations.
• Over 30% of inspected farms did not have the four-month minimum slurry storage capacity required by SSAFO.
• Over 40% of inspections found silage clamps built post-1991 which were non-compliant with SSAFO. (Roughly half of existing silage clamps were built pre-1991 and therefore do not fall with the regulations despite being likely to cause pollution)
• Over 30% of inspections found that farms were not conducting soil testing or did not have sufficient evidence of having planned nutrient applications – contravening Rule 1 of the farming rules for water.
• Over 60% of inspected Red Tractor-assured farms were non-compliant with at least one part of the regulations.
• The compliance rate on tenanted and owner-occupied farms was very similar.
• The most common reasons which farmers gave for non-compliance with the SSAFO regulations were lack of own finance, followed by landlord unwillingness to upgrade, lack of successor, and the mistaken belief that organic manures can be spread all year round.

Finally, it’s important to remember that there are business benefits to reducing water pollution. The title of the agency’s booklet, ‘Harvesting Success’, is apt. For example, improving nutrient-use efficiency will provide financial rewards in terms of less bought-in fertiliser and can increase soil fertility. The EA has cited examples of farms breaking even on new slurry storage investments within four years on this basis.

It also makes sense for businesses take action to demonstrate environmental responsibility, secure markets and avoid negative press that can affect individual businesses and the industry as a whole.

Defra provides financial support to help businesses become compliant, particularly for capital expenditure relating to slurry management. Prior to the election, this took the form of the Slurry Infrastructure Grant and the Farming Equipment and Technology Fund. Defra intends to offer further rounds of these, but we will need to wait until after the autumn budget announcement on the 30 October to receive confirmation of this and the size of each fund. For soil nutrient planning, SFI option NUM1 (‘Assess nutrient management and produce a review report’) can provide £652 to cover costs.

For guidance, check out the new booklet, reach out to Catchment Sensitive Farming (CSF) for advice using your local mailbox, or contact your CLA regional team if you need further support.