Nitrates - reducing water pollution from agriculture
Action Programme Technical Queries
If you have a specific query concerning the interpretation of the Action Programme measures please refer to the information below. If you have any general queries relating to NVZs or the Nitrates Directive please refer to the General Queries page.
For queries that cannot be resolved using the information below please telephone the Environment Agency Helpline (08459 333111). Calls are charged at the local rate, and lines are open between 9-5, Monday to Friday.
The questions below are divided into the following four sections:
- Who is subject to the Action Programme measures
- Closed Periods
- Manure types
- Calculating the whole farm limit
SECTION A - Who is subject to the Action Programme measures
1. I am only a small farm - will the designations affect me?
2. Is the owner of the land responsible for compliance with the Action Programme measures if a lease/tenancy is for two years or under?
3. Landlord/tenant issues with regard to slurry stores.
4. I have an organic farm. How will the Action Programme measures affect me?
5. I produce fodder under the Dehydrated Fodder Scheme, for which I need to apply higher levels of nitrogen fertiliser in order to meet protein content targets. How will the Action Programme measures affect me?
6. Watercress is grown in flooded beds and requires nitrogen. Are applications of nitrogen to watercress beds illegal because the land is waterlogged/flooded?
7. When does land that is being restored to agricultural use from landfill, open cast mining etc become agricultural and therefore subject to the Action Programme measures? Is it at the end of the aftercare period or when it enters the aftercare period?
8. Are the following subject to the Action Programme measures?
a) Stables / Stud Farms; b) Mushroom farms; c) Orchards and Nurseries; d) Christmas tree farms
9. i) Do the Action Programme measures apply to protected crops e.g. under glasshouse? ii) Are nursery stock and pot plants outside glasshouses - e.g. pot primroses in sand beds - caught by the measures?
10. How is the spreading of dredged material within NVZs affected by the Action Programme measures?
SECTION B - Closed Periods
11. I don't understand the closed periods for organic manure
12. Am I on shallow or sandy soil? What are your definitions of these?
13. Is dirty water subject to the closed periods?
14. Is the application of blood to land in an NVZ subject to the closed period on shallow/sandy soils?
15. Is wash-water from an abattoir taking in pigs and cattle for slaughter subject to the closed period on shallow/sandy soils?
16. Can slurry be applied on shallow soils prior to a cover crop which will be followed by a crop such as peas which in RB209 do not require any nitrogen?
17. Does the closed period apply to nitrogen-containing liquid fertilisers?
SECTION C- Manure types
18. Can I spread horse manure?
19. Can I spread duck manure?
20. Are composts subject to the Action Programme measures?
21. How much excreta do free range laying hens deposit outside their houses?
SECTION D - Calculating the whole farm limit
22. The organic manure whole-farm application limit for grassland (250kg/ha total N) is labelled as 'subject to European Commission agreement to vary the limit'. What does this mean in practice?
23. Should a percentage figure be set for stone content when the subsoil inter-stone texture is sandy loam?
24. Does long term setaside grassland count as grass, arable or not at all for the whole farm organic N limit?
25. How should grazed moorland which is predominantly heather/bracken be classified for calculating the whole farm-based organic N loading limit?
SECTION A - Who is subject to the Action Programme measures
1. I am only a small farm - will the designations affect me?
- The Nitrates Directive applies to all farms, regardless of size.
- However, less-intensive, small-scale farmers with few livestock are very unlikely to reach the organic manure spreading limits at the present time anyway. Therefore, in practice, the implications for these farmers are likely to be minimal.
- The Environment Agency is responsible for enforcement and will be taking a risk-based approach to targeting enforcement activity. So, small farms causing little or no nitrate pollution can expect relatively "light touch" enforcement.
2. Is the owner of the land responsible for compliance with the Action Programme measures if a lease/tenancy is for two years or under?
- In the 'Guidelines for Farmers in NVZs - England' paragraphs 7-11 explain that the legal obligation for complying with the Action Programme measures rests with the occupier of the agricultural land in question.
- However, because of the many different types of letting agreements,
we have not been able to give a precise definition of 'occupier' for
NVZ purposes. Instead, we set out some guidelines on which categories
of farmer would USUALLY be the occupier:
- Owner-occupier
- Tenant with a lifetime tenancy under the Agricultural Holdings Act 1986
- Tenant with a farm business tenancy under the Agricultural Tenancies Act 1995
- Although the average length of tenancies is four years, many letting agreements, formal or informal, can be for ANY agreed period. To ensure the Environment Agency can check compliance with the Action Programme measures, it was agreed that for any short-term letting arrangement of two years or less, the original occupier (who must themselves have a legal responsibility for the land for more than 2 years) would retain responsibility for complying with the rules.
- It is perfectly acceptable for parties to agree different arrangements, providing that the person legally responsible for compliance is satisfied that the Action Programme measures will be followed and that the records will be available for inspection by the EA "at all reasonable times".
- If any farmer or landowner is in any doubt about who is responsible in their particular case, they should contact the Environment Agency - para 7 in Guidelines for Farmers in NVZs - England.
3. Landlord/tenant issues with regard to slurry stores.
- We are aware that landlords may increase rents to cover the cost of construction of slurry storage where this is specifically required to comply with the Action Programme measures.
- However, if tenants meet the cost of construction themselves, legislation provides for compensation at the end of their tenancy, under both the 1986 Agricultural Holdings Act and the 1995 Agricultural Tenancies Act.
- The availability of the Farm Waste Grant Scheme will reduce the need to seek rent increases.
4. I have an organic farm. How will the Action Programme measures affect me?
- The Action Programme measures will apply to organic farms as well as conventional farms. However, the Organic Farming Regulations already require organic farms to comply with the farm-based limit for organic manure of 170 kg/ha of total nitrogen which is within the farm-based limits required by the Action Programme.
5. I produce fodder under the Dehydrated Fodder Scheme, for which I need to apply higher levels of nitrogen fertiliser in order to meet protein content targets. How will the Action Programme measures affect me?
- The requirement is that applications of fertiliser nitrogen should not exceed the crop requirement, having taken account of the nitrogen supplied by the soil, organic manures and previous crop residues. If you are using more nitrogen fertiliser than standard recommendations you may be asked to produce an agronomic justification for your practice.
6. Watercress is grown in flooded beds and requires nitrogen. Are applications of nitrogen to watercress beds illegal because the land is waterlogged/flooded?
- The Action Programme measures relate to crops grown "in soil" or "on land" and as such do not apply to the growing of Watercress.
- Discharges into watercourses from watercress farms are controlled by discharge consents which require certain standards to be met to protect the quality of the receiving water.
7. When does land that is being restored to agricultural use from landfill, open cast mining etc become agricultural and therefore subject to the Action Programme measures? Is it at the end of the aftercare period or when it enters the aftercare period?
- Land which is still within it's aftercare period following restoration, and being managed according to planning agreements, is not classed as agricultural land even though it may, during this time, be put to an agricultural use. It is not therefore subject to the Action Programme measures until the aftercare period is complete.
- However, wherever possible application rates of organic N material used for restoration should be within those permitted by the Action Programme measures.
8. Are the following subject to the Action Programme measures?
a) Stables / Stud Farms
b) Mushroom farms
c) Orchards and Nurseries
d) Christmas tree farmsa) Stables and stud 'farms' as a single enterprise are not subject to the measures as horses are not considered to be agricultural animals. However, where horses are kept on a farm where agricultural activity is being carried out, horses would be subject to the organic manure rules. This is because the Action Programme measures apply to any land comprised in the farm in the NVZ.
b) Mushroom farms are not subject to the measures as mushrooms are grown commercially in trays, rather than in the ground.
c) Orchards and nurseries** are covered by the Action Programme measures as 'fruit growing' and 'nursery grounds' are considered to be agricultural (being included in the definition of 'agriculture' in the Agriculture Act 1947). ** N.B. Application probably limited in practice since the rules relate to field crops, grown in the soil. They do not relate to glasshouses or outdoor standing beds for container grown plants.
d)Christmas tree farms are only subject to the rules where Christmas trees are being grown alongside an agricultural activity. This is on the basis that the Agriculture Act 1947 only includes 'woodland' in the definition of agriculture where 'the use of the land is ancillary to the farming of land for other agricultural purposes'.
9. i) Do the Action Programme measures apply to protected crops e.g. under glasshouse?
ii) Are nursery stock and pot plants outside glasshouses - e.g. pot primroses in sand beds - caught by the measures?
- The rules relate to field crops, grown in the soil. They do not relate to glasshouses or outdoor standing beds for container grown plants.
10. How is the spreading of dredged material within NVZs affected by the Action Programme measures?
- For the purposes of the NVZ Action Programme, dredgings are considered
to be a "nitrogen fertiliser". When spreading dredged
material on agricultural land in a NVZ the following requirements of
the Action Programme measures must be observed:
- The amount of nitrogen available to the crop in the dredged material must not exceed the nitrogen requirement of the crop. A mineralisation rate of 3% should be assumed. Inputs of nitrogen from other sources such as the soil supply from organic matter, crop residues, organic manures and other nitrogen fertilisers must also be taken into account. This limit applies to each field each year.
- Dredged material must not be applied when the soils are waterlogged, flooded, frozen hard, snow covered or on steeply sloping fields.
- It is important to note that:
- Dredgings can be spread within 10 metres of a watercourse providing that water pollution is not caused and crop requirement (for N) is not exceeded. Dredged material should be spread as evenly and accurately as is practicable.
- The 250kg/ha total N limit for organic manures does not apply to the application of dredgings.
SECTION B - Closed Periods
11. I don't understand the closed periods for organic manure
- You need only comply with the annual autumn closed periods (during which spreading of some certain manures is prohibited) if you farm on shallow or sandy soil.
- The closed periods apply to slurries, poultry manures and liquid digested sewage sludge. Farmyard (straw-based) manures are not included.
- Full details of these are in the current 'Guidelines for Farmers in NVZs - England' (see library page) explanatory booklet.
12. Am I on shallow or sandy soil? What are your definitions of these?
- Sandy soils are those which are sand, loamy sand or sandy loam texture to 40cm depth and sand or loamy sand to 80cm. The topsoil will contain less than 5% organic carbon.
- Shallow soils are defined as soils of 40cm or less depth over rock which is commonly chalk, limestone or sandstone.
- It is the responsibility of individual farmers to determine whether their land falls under these categories.
- Full details are in 'Guidelines for Farmers in NVZs - England' (see library page)
- A leaflet on soil texture to help with the assessment is available as part of the NVZ Decision Support System (DSS) "Your Farm and NVZs - Do you comply?" (see help for farmers in NVZs page).
13. Is dirty water subject to the closed periods?
- Very dilute waters such as parlour washings and yard run-off are excluded from closed periods provided they do not include liquid effluent from silage or stored slurry.
14. Is the application of blood to land in an NVZ subject to the closed period on shallow/sandy soils?
- "Blood' is not specifically mentioned in the Action Programme Regulations and therefore the closed periods do not apply to its application to agricultural land in NVZs.
- However, as it is a material with high N availability, its application should follow good practice advice applying only at times when the nitrogen can be utilised by a crop and will be at low risk to leaching loss.
15. Is wash-water from an abattoir taking in pigs and cattle for slaughter subject to the closed period on shallow/sandy soils?
- If the material consists of a mixture of blood/gut contents or a significant amount of excreta and water it would be considered as "slurry" under the Action Programme measures and would be subject to the closed periods when applying to shallow/sandy soils.
- If the material is very dilute, consisting of a mixture of a very small amount of blood/gut contents or excreta from lightly fouled surfaces with water, the material would be considered as "dirty water" and would not be subject to the closed period restrictions.
- The application of this material to land, whether fitting the description of dirty water or slurry, is subject to the Waste Management Licensing Regulations (1994) and in addition may be subject to EU Animal By-Products Regulation preventing it from being spread in an untreated form from 30th April 2003.
16. Can slurry be applied on shallow soils prior to a cover crop which will be followed by a crop such as peas which in RB209 do not require any nitrogen?
- Slurry should not be applied to land in advance of a crop such as peas with no N requirement. The presence or otherwise of a cover crop is not regarded as relevant.
17. Does the closed period apply to nitrogen-containing liquid fertilisers?
- Yes. The Action Programme measures clearly stipulate that nitrogen-containing fertilisers cannot be applied between 1 September and 1 February to arable land (15 September to 1 February on grassland) unless there is a specific crop requirement for nitrogen to be applied during this period.
- However, it is recognised that some nitrogen is normally included in most liquid PK fertilisers and adherence to the closed period may cause difficulties in certain situations e.g. farmers who currently use liquid fertilisers to apply phosphate and potash to the seedbed of winter crops.
- NVZ farmers at risk of breaching the NVZ rules are expected to change their management practices over a reasonable time period. However, the Environment Agency recognises that this might be difficult in some situations and has agreed that, while even de minimis applications of liquid fertilisers are in breach of the Action Programme, a sympathetic enforcement stance might be taken in certain extenuating circumstances.
- Farmers who have genuine difficulties have the opportunity to provide evidence of any mitigating circumstances and any such justification will be assessed by the Environment Agency on a case by case basis. Farmers facing difficulties in adhering to the closed period due to use of liquid fertilisers should therefore be referred to the Environment Agency.
SECTION C- Manure types
18. Can I spread horse manure?
- Stables and stud farms are not subject to the Action Programme measures because horses are not considered to be agricultural animals.
- However, horses on agricultural holdings do count towards the farm organic manure loading limits in the NVZ Action Programme.
- For the purposes of calculating compliance with the whole farm organic manure loading limit, a 'standard' figure of 50kg/year per horse may be used - this is based on a 450kg horse. However, if an estimate is needed for different size horses, a pro rata adjustment on the basis of body weight should be made.
- The spreading of duck manure to agricultural land is subject to the Action Programme measures.
- It shouldbe classified as a poultry manure unless agreed otherwise with the EA
20. Are composts subject to the Action Programme measures ?
- Yes. The rules apply to all forms of organic manure.
21. How much excreta do free range laying hens deposit outside their houses?
- The proportion of faeces that is defecated by free range hens outside the poultry house is estimated to be within 10% - 20%. As a national average, and for the purposes of NVZ manure calculations, 12% is a realistic figure to be used.
SECTION D -Calculating the whole farm limit
22. The organic manure whole-farm application limit for grassland (250kg/ha total N) is labelled as 'subject to European Commission agreement to vary the limit'. What does this mean in practice?
- The government is seeking official clearance from the European Commission to continue to use this higher limit, a so-called 'derogation' from the Nitrates Directive itself. Other countries are also seeking similar derogations.
- All aspects of the current action programme, including the 250kg/ha limit for grassland, are subject to potential change in the future, for example in the light of the regular reviews that are required under the Directive, or arising from our work with the European Commission on implementation of the Directive.
23. Should the stone content be taken into account when the subsoil inter-stone texture is sandy loam?
- The stone content of a soil is not a criteria that influences whether a soil is shallow or sandy and therefore need not be taken into account.
24. Does long term setaside grassland count as grass, arable or not at all for the whole farm organic N limit?
- Where the setaside grassland area is less than 25% of the NVZ area on the farm it can be included in the whole farm-based loading limit at 250 kg/ha N (i.e. equivalent to grassland).
- Where the setaside grassland area is more than 25% of the NVZ area on the farm it should be excluded from the whole farm-based loading limit.
- In both cases the most restrictive field limit (either NVZ or setaside) applies
25. How should grazed moorland which is predominantly heather/bracken be classified for calculating the whole farm-based organic N loading limit?
- Grazed moorland which is predominantly heather/bracken rather than grass should be treated as arable when calculating the whole farm-based organic loading limit.
Page last modified: 21 August 2007
Page published: 27 June 2002;