The Waste (Scotland) Regulations 2005 state that farms have a duty of care to dispose of waste safely and with no harm to the environment. This duty of care means:
- All waste must be stored and disposed of responsibly.
- The waste must only be handled and dealt with by those who are authorised to do so.
- Waste transfer notes must be used to record all waste received and transferred.
The Scottish Government have produced a Duty of care: code of practice for managing controlled waste, which should be consulted and followed.
Waste needs to be managed correctly and responsibly. Farmers can turn waste into an opportunity to make financial savings and help the environment through efficient use of resources and improved waste management. Waste minimisation (the reduction of waste at source) should be fundamental to decisions on farm waste management and can reduce the risk of pollution from agricultural activities. A framework for cost-effective waste management, in order of priority, is set out as follows:
Large quantities of waste materials are generated by modern farming practices and their reuse, recycling, and disposal should be carefully planned to avoid or minimise the risk of causing environmental pollution.
Where possible the purchase of materials used in farming operations should be restricted to those which can be reused/recycled after their initial use. Such materials include:
- Packaging and containers;
- Plastic covers, rubber tyres and
- Sheeting used in crop storage; and
- Worn out and used materials utilised in the servicing of agricultural machinery, e.g. oils.
When selecting materials or products, give preference to those which are biodegradable and which can be reused on the farm or disposed of either by a safe on farm method or recycled through a waste disposal authority or contractor.
You have a duty of care and a legal responsibility for all wastes produced or handled on your farm. You are responsible for the storage, transport and ultimate disposal of these wastes.
Disposing of Waste
Since 2019 it is prohibited to burn the majority of agricultural wastes on farm. Farmers need to arrange for waste to be disposed of safely. SEPA has produced information on how farmers can dispose of their waste, while complying with regulations. Full details can be found here.
Wastes are defined as substances or materials which the holder discards, intends to discard, or is required to discard.
Anyone who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, has a legal duty of care to ensure that:
- they do not cause pollution of the environment or harm to human health;
- they prevent the escape of waste;
- wastes are only passed onto, or collected by, persons who are authorised to accept them;
- a written description of the waste (a transfer note) accompanies the handover of the waste to any third party to enable them to comply with the duty of care and take any such precautions that are necessary to ensure continued compliance with the duty of care; and
- they register with SEPA as professional collectors or transporters of waste.
If you are passing on your waste, duty of care requires you to ensure that you are passing it onto someone who is authorised to take it. If you fail to check and they are not authorised, you are liable for the waste. An authorised person who recycles, treats, stores, reprocesses or disposes of your waste must have:
- a waste management licence or pollution prevention and control (PPC) permit
- a registered exemption from permitting for your type of waste and what they do with it.
It is your responsibility to ensure that the waste is given to an authorised person with the correct and relevant paperwork.
Some wastes have hazardous properties (e.g. waste oil and asbestos cement sheeting) – these are called special wastes (or can be referred to as hazardous waste). The wastes which fall into this category are those which are classified as ‘hazardous’ in the European Waste Catalogue (EWC). In Scotland special wastes are regulated by The Special Waste Regulations 1996. Special wastes are subject to additional controls to reflect the higher risk associated with their handling, treatment and disposal. SEPA is the waste regulator for Scotland and should be the first point of contact for queries about the regulations that apply to the storage, treatment or disposal of waste. NetRegs has produced information on what special wastes are, which can be found here.
When moving special waste, you need to comply with previous stated compliance, but in addition you must make sure all special waste is:
- Transported by a registered or exempt waste carrier.
- Accompanied by a consignment note (there are only a few exceptions where consignment notes are not required).
- Sent to a facility that holds a suitable pollution prevention and control permit, waste management licence or a registered exemption that authorises them to take that type of waste for the activity they intend.
- Ensure that your carrier is registered or has an exemption by contacting SEPA.
If you do not manage your waste correctly you risk being prosecuted and fined.
Further information can be found on SEPA Special Waste website page and SEPA have produced Consigning Special Waste Guidance which gives guidance on how to manage Special Waste transfers.
Use packaging which is biodegradable or can be returned to the supplier for reuse. Where possible, minimise packaging by using bulk delivery and re-usable packaging.
Containers for agricultural chemicals and other persistent toxic or harmful substances should not be put to an alternative use. These substances are classed as special wastes and should be disposed of as per the special waste guidance and regulations.
Where possible, reuse or recycle plastic materials on the farm as this will help to reduce the quantity of waste which has to be disposed of. Care in the handling and use of plastics will increase its potential for reuse and/or recycling and its useful life expectancy. Where plastic material is not reusable for its original purpose, all opportunities should be sought to reuse or recycle it for other applications.
Materials to be recycled should be as clean as possible and free from soil. Different types of material should be kept separately and the material stored in a safe place ready for collection.
Many plastic crop covers are biodegradable but do not degrade sufficiently well to avoid a litter problem. Be aware that windblown plastic can accumulate in hedges and on riverbanks, which is unsightly and potentially harmful.
Many schemes are available around Scotland offering recycling services for farming waste. Zero Waste Scotland has a page dedicated to highlighting ways for farmers to recycle their plastic waste. The page highlights some agricultural waste handling companies, though it is not an exhaustive list. The Farm Advisory Service has produced a Technical Note (TN724) Minimising Plastic Waste on Farm – Reduce, Reuse & Recycle which, provides key information and tips to reduce the waste generated by your farm. If waste cannot be prevented there are guidelines to show how to responsibly dispose of your waste to comply with regulations.
If you store any kind of oil on your premises, including waste oil, you must comply with Regulations for Oil Storage. Waste oil is classed as a special waste and must follow the guidelines and regulations with disposing of the waste legally and safely.
Waste lubrication and hydraulic oils are produced in significant quantities from the servicing of agricultural machinery. Where waste oil cannot be used on the farm, for example to fuel a heater, it should be taken to a suitable licensed disposal point. Waste oil must never be disposed of to a soakaway or other farm waste system.
You must not burn waste oil in a bonfire.
Scrap metal which is classed as clean metal off cuts can be considered a by-product if:
- The material can be reused – fit for purpose, with an existing market for the material.
- The material can be used without any additional treatments (other than physical resizing or compacting).
Any other scrap metal is considered as a waste and must be disposed of as per regulations. Scrap metal, which is contaminated can be classed as special waste and must comply with special waste regulations.
Reducing your need for fertiliser will have the greatest impact in reducing your fertiliser waste. The Fertiliser section on this website provides information on ways to use fertilisers efficiently and ensure that the material is stored safely and correctly.
By utilising precision agriculture technology, potential reductions in fertiliser application can be made as fertilisers are specifically applied only where needed, resulting in a reduction in the total amount required.
Better design and calibration of feeder systems can considerably reduce feed waste whilst reformulation of rations can improve efficiency.
Improvements in harvesting, storage, marketing and recycling of crop residues can result in significant cost savings. Close attention to vermin control will also reduce crop losses and minimise risks to human and animal health.
It is important to minimise losses from leakage, contamination or misuse of water. Water use should be monitored carefully and opportunities for more efficient use considered as well as reducing the volume of mains or abstracted water used. The Farm Advisory Service have a page dedicated to improving water management on farm. As Scotland experiences more changeable weather conditions from drought to extreme flooding, farmers need to find solutions to maintain water quality and quantity for their needs and the catchment.
Irrigation is a high consumer of clean water in dry seasons. Farmers may need to consider other forms of water storage on their farm to ensure water supply during dry spells, from rainwater harvesters to ponds, there are variable options available for farmers. Optimise use of irrigation water by monitoring weather forecasts, soil moisture deficits and crop growth stage using irrigation scheduling techniques. Understanding your soil and improving your soil can help with water efficiency on farm.
Clean water from roofs should be kept separate from dirty yard water and may be used for irrigation and washing down. By doing so you will also be reducing the volume of slurry to be collected and applied to land. By utilising technology advances, such as rainwater harvesters, farmers can store water on farm to use during dry periods, providing some resilience to drought periods.
Protect pipes from freezing and fracturing resulting in leakage and unnecessary losses.
Farming for a Better Climate and the Farm Advisory Service have produced material to help farmers become more energy efficient. From information on renewable energy technology to monitoring energy use these platforms have great resources to guide farmers through the process. From the installation of low-energy lamps, smaller fluorescent tubes, thermostats and insulation to installing larger renewable energy enterprises there is scope from small to large scale to take energy efficiency measures on farm.
Fly-tipping is a criminal offence and any such activity should be reported to the local authority, SEPA or the police. These bodies are empowered to prepare reports to Procurators Fiscal so that proceedings can be instigated against perpetrators, and may themselves issue fixed penalty notices to fly tippers. The Scottish Government have produced The National Litter and Flytipping Strategy which sets of the Governments plans and objectives to reduce fly tipping around Scotland.
The Scottish Executive funds Keep Scotland Beautiful to provide advice and training on how to use existing legislation against fly-tippers.
If you need to report incidents of fly tipping you need to contact your local authority. You can gain details of the relevant authority at GOV.UK.
Zero Waste Scotland have produced guidance documents and fly-tipping prevention material to use on your land.
The Farm Advisory Service has produced information on the hazards of lead poisoning from fly tipping which can be found here.
If you wish to import waste onto your farm you must first contact SEPA before accepting any waste material. NetRegs has produced guidance material on importing waste material to the UK, however, you must in first Instance discuss the waste material with SEPA. Please review non-agricultural waste section for further information.
Please refer to the CRRU UK Code of Best Practice: Best Practice and Guidance for Rodent Control and the Safe Use of Rodenticides (2021) for guidance in managing rodenticide on farm. Disposal of spent rodenticide or other pesticide baits and carcasses should be in accordance with the requirements specified on the product label.