WESTMEATH COUNTY COUNCIL
Water Pollution (Agricultural) Bye Laws 2000

LOCAL GOVERNMENT (WATER POLLUTION) (AMENDMENT) ACT, 1990.
LOCAL GOVERNMENT ACT, 1994 (BYE-LAWS) REGULATIONS 1995 and 1999.

Bye-laws for the purpose of preventing or elim inating the entry of polluting matter to waters.

The County Couneil ofthe County of Westmeath, in exercise ofthe powers conferred
upon it by Section 21 ofthe Local Government (Water Pollution) (Amendment) Act,
1990, and the Local Government Act, 1994 (Bye-Laws) Regulations 1995 and 1999,
hereby makes the following Bye-Laws in relation to agricultural activities in those parts
of the functional area ofthe County Council of the County of Westmeath listed in the
schedules attached hereto.

1. INTERPRETATION
Iral In these bye-laws —

“Agriculture” has the meaning assigned to it by the Local Government (Water
Pollution) Act, 1977 and means any one or more ofthe following activities:

a) the collection, storage, treatment and disposal of any polluting matter used in
connection with, or arising from any operation, activity, practice or use of
land or other premises carried on for the purposes of agriculture, horticulture
or forestry;

b) any activity that involves the application to land or to growing crops, or the
injection into land, of any silage effluent, animal slurry, manure, fertiliser,
pesticide or other polluting matter; ®,

c) any other operation, activity, practice or use of land or other premises for the
purposes of agriculture, horticulture or forestry.

“Approved Nutrient Management Pan” means a nutrient management plan
approved by the Local Authority or the Environmental Protection Agency;

“Acquifer” has the meaning assigned to it in section 2 ofthe Local Government
(Water Pollution) (Amendment) Act, 1990;

“Authorised person” has the meaning assigned to it by the Local Government
(Water Pollution) (Amendment) Act, 1977;

“chemical fertiliser” means any fertiliser which is manufactured by an industrial
process;

“farmer” means a person undertaking an activity for the purpose of agriculture;
“farming” means activity for the purpose of agriculture;

“fertiliser” means any substance containing phosphorus and/or nitrogen and/or
potassium compounds utilised on land to enhance growth of vegetation;

“Intensive Agricultural Enterprise” means —

(i) installations for intensive rearing of poultry which would have more than
40,000 places for poultry, and

(ii) installations for intensive rearing of pigs which would have more than
2,000 places for production pigs (over 30Kg) in a finishing unit, more than
400 places for sows in a breeding unit or more than 200 places for sows in
a finishing unit;

“livestock” means all animals kept for use or profit;

“Iivestock manure” means waste products excreted by livestock or a mixture of
litter and waste products excreted by livestock, even in processed form;

“Local Authority” means the council ofthe county of Westmeath and references
to the functional area of the local authority shall be construed accordingly;

“main river channel” means a river which is identified on the 1:50,000 Ordnance
Survey maps;

“nutrient” has the meaning ascribed to it by the Local Government (Water
Pollution) (Amendment) Act, 1990;

“Nutrient Management Plan” means a plan which, by reference to soil.analyses
reports, soil type, stocking intensity, farming enterprise, efficient use of nutrients
and the environmental sensitivity ofthe area, specifies limits for nutrient
applications from organic and chemical sources;

“person” means owner or occupier;

“plan” means a Nutrient Management Plan;

“public road” has the meaning ascribed to it by the Roads Act, 1993;

“organic fertiliser” means all farm animal excreta, including dungstead and
farmyard manures, silage effluent, mushroom compost, poultry manure, soiled

water, non-farm organic wastes, industrial wastes and residues from fish farms
that are used to promote grass or other crop production;

“Soiled Water” refers to polluting liquids that arise from a variety of farmyard sources,
such as:
a) overland flow from concrete surfaces that are soiled or contaminated by
«  manure / slurry
«  silage effluent
«  discarded silage
«  discarded / unprotected chemical fertilisers
b) effluent from dungsteads and farmyard manure pits
c) washings from milking premises, dairies, assembly and holding yards

d) washings from mushroom houses and rainfall onto stored spent mushroom
compost

e) vegetable washings.

“waters” has the meaning assigned to it by the Local Government (Water Pollution) Act,
1877.

1.2 These bye laws may be cited as the Water Pollution (Agricultural) Bye Laws,
2000.

1.3 Sections 2 and 3 ofthese bye-laws shall not apply to:-

(a) A person carrying on an activity which requires the grant of a licence
under Part IV ofthe Environmental Protection Agency Act, 1992;

(b) A person participating in the Rural Environmental Protection Scheme
operated by the Department of Agriculture, Food and Rural Development.

1.4 A person wishing to avail of the provisions of sub-section 1.3(b) (non-
application) shall, by 30" April 2001, provide documentary evidence of
participation in the Rural Environment Protection Scheme, to the satisfaction of
the Local Authority, and evidence of continued participation shall be provided
thereafter on an annual basis.

1.5 The provision of sub-section 1.3(b) shall not apply from the time a person ceases
participation in the Rural Environment Protection Scheme.

1.6 These bye-laws shall come into effect on the I" of March 2001,

SECTION 2. STORAGE AND MANAGEMENT OF ORGA

2.1

2.2

2.3

2.4

2.5

2.6

2.7

2.8

Every person farming land in those parts ofthe functional area ofthe ı
Authority listed in Schedule 2 attached hereto shall provide 20 weeks stoı.
capacity for livestock manure arising from livestock housed during the winte,
period.

Sub-section 2.1 shall not apply to a person in relation to an activity the carrying
on of which requires the grant of a licence under Part IV ofthe Environmental
Protection Agency Act, 1992.

Every person subject to the provisions of sub-section 2.1 shall comply with the
storage requirement set out in sub-section 2.1 within three (3) years ofthe making
of these bye-laws in accordance with a Local Authority approved programme.

Every person subject to the provisions of sub-section 2.1 shall, within six (6)
months ofthe making of these bye-laws, submit to the Local Authority an
assessment of his/her farm’s effluent storage capacity requirement together with a
programme for compliance with the requirements of Section 2.1. Storage
requirements shall be assessed in accordance with the ‘Code of Good Agricultural
Practice to Protect Waters from Pollution by Nitrates’ published by the
Department ofthe Environment and the Department of Agriculture, Food and
Forestry (1996) or any other code published by that Department as its
replacement, or as amended from time to time.

The Local Authority may accept a lesser storage capacity requirement where
a person can demonstrate a lesser requirement through the preparation of an
approved Nutrient Management Plan.

Slurry, soiled water and silage effluent shall be directed to and collected in the
storage tanks provided and shall not be caused or permitted to flow or overflow
onto adjoining property or to enter any waters or aquifer.

Storage tanks shall be of watertight construction; the design and construction
standards for concrete tank construction shall be at least equivalent to the
Department of Agriculture Food and F orestry minimum building specifications
for storage units, S123: “Minimum specification: Slatted livestock units;
Reinforced concrete tanks”, (DAFF, 1994a) or any other code published by
that Department as its replacement, or as amended from time to time.

Dungstead and farmyard manure shall be stored in a manure pit structure
constructed in accordance with S108: “Minimum specification for manure pit”,
(DAFF, 1987), or any other code published by that Department as its replacement,
or as amended from time to time, and shall be sited where there is no risk of
water pollution.

PR)

2.10

2.11

2.12

13

2.14

2.15

Uncontaminated surface run-off from roofs and clean paved areas within the
farmyard shall be collected separately and shall be disposed ofto local
watercourses or soakaway.

Landspreading of livestock manure shall be carried out

- as early as practicable in the growing season;

- so that, in a normal year, at least half the livestock manure produced
during the winter housing period is landspread by 1 July and the remainder
by 30 September.

The Local Authority may, in exceptional circumstances, as it considers
warranted, decide to vary the dates specified in sub-section 2.10.

Organic or chemical fertiliser shall not be applied :-

- to exposed bedrock;

- to waterlogged land;

- to frozen or snow covered lands;

- to lands sloping steeply towards rivers, streams, and lakes, or, where the
gradient is more moderate, in situations where there is a significant risk of
causing water pollution;

- where permeable rocks, such as pure limestones, are overlain by shallow
(less than 2 metres) free-draining subsoils such as sands, gravels and
sandy tills; and on gravel aquifers, where the water table is within 1 metre
ofthe surface;

- where heavy rain is forecast

Organic fertiliser shall not be applied:-

- within 15 metres of exposed karstified limestone or of karst features such
as swallow holes and collapse features;

- within 50 metres of domestic wells;

- within 100 metres of public water supply sources, or as otherwise
specified;

- within 20 metres of a main river channel or lake shoreline;

- within 10 metres of other watercourses E

- to lands from a public roadway.

Chemical fertiliser shall not be applied within 1.5 metres of any watercourse.
The application of fertiliser in excess of the nutrient requirements of the soil, in
relation to the crops grown or to be grown on the land and the intensity ofthe
animal stocking rate and of any other agricultural activities carried out on the

land, is prohibited.

NUTRIENT MANAGEMENT PLANS

3.1

an

3.3

3.4

815

3.6

4.1

4.2

Every person farming land in those parts ofthe functional area of the Local
Authority listed in Schedule 3 attached hereto shall,

within six (6) months of the making of these bye-laws prepare and furnish to the
Local Authority a Nutrient Management Plan for its approval.

A Nutrient Management Plan furnished to the Local Authority for its approval
shall be prepared in accordance with the requirements specified in Schedule 1
attached hereto.

A person farming land in those parts of the functional area ofthe Local
Authority listed in Schedule 3 attached hereto shall not, after the expiration of
one year from the making of these bye-laws, apply nutrients, either in chemical
or organic form, save in accordance with an approved Nutrient Management
Plan.

Records maintained in accordance with the requirements of a Nutrient
Management Plan shall be kept up-to-date and shall be available at all
reasonable times for inspection by an authorised person of the Local Authority
and be provided to the Local Authority on request in writing.

The Local Authority will require a review of an approved nutrient management
plan during its period of operation if it considers such warranted.

An approved nutrient management plan may be varied during its period of
operation with the prior written approval ofthe Local Authority.

INTENSIVE AGRICULTURAL ENTERPRISES

A person farming land in those parts of the functional area of the Local
Authority listed in Schedule 2 attached hereto shall not, after the expiration of
one year from the making of these bye-laws, apply nutrients from an Intensive
Agricultural Enterprise save in accordance with an approved Nutrient
Management Plan.

Every person farming land in those parts of the functional area ofthe Local

Authority listed in Schedule 2 attached hereto and applying nutrients from an

Intensive Agricultural Enterprise in accordance with an approved Nutrient

Management Plan shall maintain the following records;

- a monthly livestock inventory;

- monthly details of organic fertilisers brought on to or taken off the farm;

- particulars of all chemical fertilisers brought on to the farm;

- winter housing dates of livestock;

- monthly details of land applications (which shall include amounts,
locations and dates of applications) of nutrients.

5.

5.1

Dr2

5.3

6.1

6.2

The records shall be kept up-to-date and shall be available at all reasonable
times for inspection by an authorised person of the Local Authority.

Burial of Animals

No animals shall be buried on any farm within the County, without the express
written consent ofthe Local Authority.
Burials will only be permitted on areas, which have been designated and agreed in
advance.
Application for a designated area shall be accompanied by
1:2500 scale or area aid map indicating proposed area

(i)  Percolation test and soil analysis report on proposed area.

PENALTIES

A person who contravenes or fails to comply with these bye-laws shall be guilty
of an offence pursuant to Section 21(3)(a) ofthe Local Government (Water
Pollution)(Amendment) Act, 1990.

A person guilty of an offence shall be liable to penalties in accordance with
Section 21 (3)(b) ofthe Local Government (Water Pollution)(Amendment) Act,
1990, as amended by the Local Government Act, 1994 (Bye-Laws) Regulations,
1995 (S.I. No. 360 of 1995) and 1999 (S.I. No. 78 of 1999).

SCHEDULE 1

A Nutrient Management Plan prepared in accordance with Section 3 shall meet the
requirements set out below.

1. Identify land by reference to a copy Land Registry or Ordnance Survey map.
2. Identify the current land use and proposed land use, if different.
3, Identify land by reference to the Land Parcel Identification System (LPIS) number

in accordance with Area Aid maps.

4. The following features are to be identified on all maps submitted:
«  watercourses
. wells
«  domestic water supplies
« public water supplies
« lakes

5. Provide an estimate of nutrients to be applied annually to the land.

6. Provide a determination of soil nutrient levels in accordance with a programme of
sampling and analysis to be determined by the Local Authority after consultation with
the farmer.

7. Provide a specification (by the person preparing the plan) of the maximum quantities
of organic and chemical fertiliser that ought to be used on the land concerned each
year ofthe duration ofthe plan, taking into account:

- the nature of the current and proposed land use

- soil characteristics and soil nutrient levels

- types of crop grown or be grown on the land

- the intensity ofthe animal stocking rate and of any other agricultural activities
carried out on the land, and .

- the need to make efficient use of nutrients having regard to crop requirements and
the objective of preventing, eliminating or minimising the loss of nutrient(s) to
waters,

8. Specify the times when organic and chemical fertilisers ought and ought not, in the
opinion of the person preparing the plan, be applied to land/crops or injected into land
having regard to crop requirements and the objective of preventing, eliminating or
minimising the loss of nutrient(s) to waters.

9.

Make provision for the keeping and maintenance of records relating to

the production, treatment, receipt from or transfer to another person of organic
fertiliser;

the timing, locations and rates of use (application or injection) of organic
fertilisers;

the types, quantities, timing locations and rates of application of chemical
fertilisers;

the types, numbers and ages of animals on the farm;

the winter housing dates of livestock;

the results of sampling and analysis programme to determine soil nutrient levels.
the name ofthe chemical fertiliser supplier

the quantity of animal feedstuffs imported.

Records relating to livestock, the production, treatment, receipt from or transfer to
another person of organic fertiliser, and the types, quantities, timing locations and rates of
application of chemical fertilisers shall be maintained on a monthly basis.

10. The duration ofthe plan shall be five years.

SCHEDULE 2

Townlands to which Section 2 and 4 of these bye-laws applies

Aghalasty and Ankersland
Ardnagross

Ballany
Ballycomoyle
Ballymanus
Ballynagall Little
Ballnagall (Fore by)
Ballynameagh
Ballynascarry

Balrath (Fore By)
Behabane

Ben

Benisonlodge or Bratty
Bigwood

Camagh (Fore by)
Carlanstown

Carn (Ed Coolure)
Carpenterstown
Caslanakirka
Castletown Lower
Castletown Upper
Chancery

Clareisland or Derrymacegan
Clonaboy

Clonmore (Moygoish By)
Clonnageeragh
Clonrobert

Clonsura

Clonteens

Coolamber

Coole

Coolure Demesne
Corbally (Fore By)
Cornacausk
Cornacreevy
Corralanna

Crumlin or Rockfield
Cummerstown
Curraghboy (Fore By)
Curry

Deerpark (Fore By)
Derrycrave
Derrydooan Lower
Derrydooan Upper

Doon

Drumman (Fore By)
Fearmore (Fore By)

Finea

Fore

Foyran

Freaghmore

Gilbertstown

Gillardstown

Glen (Fore By)

Gortanear

Grangestown (Fore By)
Hammondstown and Tonaghmore
Hilltown

Kilmore

Kiltoom

Kinturk Demesne
Knockroe

Lakill and Moortown
Lickbla

Lickny

Lisnugent

Littlewood

Loughanalla
Loughanavagh or Newpark
Loughanstown Lower or Slievelahan
Loughanstown (Fore By)
Loughpark

Martinstown (Ed Fore West)
Mayne

Milkernagh

Millcastle

Money

Moneybeg

Monktown

Mullagh

Mullaghmeen

Mullanakill

Newcastle (Fore By)
Nonsuch

Pahenhamhall or Tullynally
Portjack

Raheen Beg

Raheen More