Consultation on the regulatory framework for sludge applied to agriculture

Overview

Sewage sludge (hereafter ‘sludge’) is the residual solid waste generated from wastewater treatment. Most sludge is produced and treated by Water and Sewerage Companies. It can also be produced from the treatment of private sewage (i.e., septic tank sludge).

94.4% of sludge produced by English Water and Sewerage Companies is reused on agricultural land as a source of vital plant nutrients and organic matter [1]. This is used on around 1.9% of the UK’s agricultural land [2]. Government policy since 1989 has favoured the reuse of sludge as a soil enhancer and fertiliser on agricultural land as the best environmental option in most circumstances [3].

The Sludge (Use in Agriculture) Regulations 1989 (‘the Regulations’) [4], supported by the Sewage Sludge code of practice [5], regulate the spreading of sludge on land. The Regulations have not gone through any substantial revisions since they were implemented, despite improvements in our understanding of the chemical complexity and treatment of sludge.

Environmental advocacy groups have called for the Regulations to be reviewed to ensure they are fit for modern day sludge practices. Additionally, the Independent Water Commission (IWC) [6] recommended the UK and Welsh governments should tighten regulatory oversight of sludge activity by moving the treatment, storage and use of sludge into Environmental Permitting (England and Wales) Regulations 2016 (‘EPR’) [7].

We recognise that effective regulation is necessary to ensure sludge spreading provides maximum economic and agricultural benefit whilst not compromising human health or environmental protection.  Defra is therefore consulting on potential reform measures to improve the current regime and uphold safety and confidence in spreading practices. We have identified where there are opportunities for the sludge regime to be improved. This consultation seeks views on three options for reforming the underlying framework governing sludge use on agricultural land, to ensure it is fit for purpose.

The decision on whether to introduce reforms will be taken by relevant Ministers following this consultation.

Proposed reform options:  

Reform option 1: Revoke the Sludge (Use in Agriculture) Regulations 1989, in whole or in part, and regulate sludge spreading within the Environmental Permitting Regulations 2016. This could improve the oversight of, and resource for, regulatory compliance, and reduce the complexity of current sludge management which is split across a patchwork of regulations. In addition, it would offer a flexible regime, under which permits could be updated as evidence on contaminant risk develops. Under this option, consideration would be needed of the cost burdens on industry, as well as whether this could be reduced through adopting an assurance scheme within the permits.

Reform option 2: Amend the current Sludge (Use in Agriculture) Regulations 1989. This would provide an opportunity to update the provisions and ensure they are fit for the current context, whilst improved regulatory oversight could be delivered through the introduction of a charging scheme. Under this option, consideration would be needed of the cost burden on industry from charging and the potential to maintain the current regulatory complexity.

Reform option 3: Changing standards on sludge spreading via non-regulatory means. This option may offer swift action to update requirements on spreading and address contaminants of concern, as and when evidence supports. However, without increased resource through a charging regime (as per options 1 and 2), this option lacks regulatory oversight or means of enforcement for non-compliance. Additionally, the underlying complexity of regulations would remain.

Whilst this consultation is primarily focused on the opportunities to reform the current regulations, we acknowledge that the issue of contaminants in wastewater and sludge is a problem in the wider waste system and further research is needed to determine the best mitigation options. This may include technological innovation in treatment methods. Defra is undertaking further research in this space, and the water industry is trialling new treatment technologies for sludge.

Footnotes

[1] Wastewater treatment in England: data for 2022 - GOV.UK

[2] Latest British survey of fertiliser practice report - GOV.UK

[3] Waste water treatment in the United Kingdom - 2012

[4] The Sludge (Use in Agriculture) Regulations 1989

[5] Sewage sludge in agriculture: code of practice - GOV.UK

[6] Independent Water Commission Final Report

[7] The Environmental Permitting (England and Wales) Regulations 2016

Why your views matter

This government is keen to hear your views to help shape reform of the regulatory framework for sewage sludge spreading. 

This consultation is open to the public, and in particular we invite responses from anyone with an interest in sewage sludge spreading on agricultural land, such as Water and Sewerage Companies or farmers and land managers. By participating, you can help to ensure that any reform to sludge spreading is well-informed, relevant, and effective.