To ask the Scottish Executive what controls exist over the use of human sewage sludge to regenerate marginal non-agricultural land.
The use of human sewage sludge to regenerate marginal non-agricultural land requires a full licence under the Waste Management Licensing Regulations 1994, as amended, except where an appropriate exemption is registered. The appropriate exemption is that in Paragraph 8 of Schedule 3 to the 1994 Regulations. As with all exemptions, the relevant objectives in Paragraph 4(1) of Part 1 of Schedule 4 to the 1994 Regulations, which protect human health and the environment, must be met. Paragraph 8 also specifically requires observance of soil concentration limits for heavy metals set out in the Sludge (Use in Agriculture) Regulations 1989.
I laid the Waste Management Licensing Amendment (Scotland) Regulations 2004 before the Scottish Parliament in June of this year. These amend Paragraph 8 of the 1994 Regulations to ensure that the enhancement of crop growth or ecological improvement to be gained by the activity should be demonstrated in advance to the satisfaction of the Scottish Environment Protection Agency, according to statutory procedures. The 2004 Regulations also give the agency powers relating to the renewal and removal of registrations. These changes will come into force on 12 January 2005.
There are no current plans for further changes to the relevant legislation. In any event, controls in other regimes, such as those in the Control of Pollution Act 1974 on water pollution and in the Environmental Protection Act 1990 on noise, odours and other nuisances, apply even to exempted activities.