Landspreading: form LPD1 guidance

Question 1

Section A About you

Accepted Answer

Section A1 Contact details

Section A1.2 Submitting more than one deployment for the same area of land

If you hold a landspreading mobile plant permit, you can apply for as many deployments as you want. You can spread up to 10 waste streams on each specified area of land with a single agreed deployment form.

If you want to spread more than 10 waste streams you must:

make another deployment application
pay for a new application

You must tell the Environment Agency if you are making more than one deployment for the same area of land. Your benefit statement must show the total benefit to the land of all the wastes you propose to spread.

Section A2 Your permit details

Sections A2.3 Technically competent manager and A2.4 Nominated competent person

See permit rule 1.1.1 (b) in Landspreading: how to comply with your permit for the requirements of the technically competent manager and nominated competent person.

Section A3 About the occupier of the land

Provide the name and contact details of the occupier of the land. This is the land you propose to spread the waste on.

The occupier may be the landowner or a tenant. If there is more than one occupier because you are landspreading in more than one area, you must include the details of all other occupiers on a separate sheet. Give this a reference and include it in section B5.

You must have the consent of the occupier of the land. The occupier controls the land. The operator, technically competent manager or nominated competent person control the deployment.

Question 2

Section B Deployment details

Accepted Answer

Section B1 Risk banding

For each deployment you must be able to show how you will control the risks from your storage and spreading activities.

The deployment must not:

endanger human health
cause risk to groundwater, surface water, air, soil, plants or animals
cause nuisance through noise or odours
adversely affect the countryside or places of special interest, which may include subsurface features such as karst limestone and cave systems
take place in a groundwater source protection zone 1 or within 10 metres of any watercourse
breach the requirements of your permit

To assess the risk you will need to:

identify potential source‐pathway‐receptor linkages
put controls in place that remove or reduce any risks to the receptor
describe the steps you will follow to manage them

Your controls will depend on the level of risk:

from the waste storage and spreading activities
to the sensitive receptors

Your permit requires a written management system. See permit rule 1.1.1 (a): produce a written management system in Landspreading: how to comply with your permit which describes:

the controls you must put in place
how to mitigate the risks

Table B1.1 Risk banding

Use table B1.1 to work out if your application is a low, medium or high risk deployment.

There are 2 types of risk assessment that may apply:

generic risk assessment – lower risk locations
site-specific risk assessment – higher risk locations

Where you carry out your storage and spreading activities will determine the level of risk assessment. It will be a:

lower risk location if it is outside a groundwater source protection zone 2 and or more than 500 metres from a European site, Ramsar site and or a Site of special scientific interest
higher risk location if it is within a groundwater source protection zone 2 and or less than 500 metres from a European site, Ramsar site and or a Site of special scientific interest

Your permit defines European sites and Sites of special scientific interest.

A Ramsar site is the land listed as a Wetland of International Importance under the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (the Ramsar Convention) 1973.

To find out if you are in a:

groundwater source protection zone 2 follow the groundwater source protection zones guidance
European site, Ramsar site or Site of special scientific interest use the Natural England designated sites system

Generic risk assessment: lower risk locations

For lower risk locations you can use the generic risk assessment that relates to your permit:

If you use a generic risk assessment you:

do not need to provide a site specific risk assessment
must be familiar with it and use it when you do a dynamic risk assessment – see permit rule 1.1.1 (a) Produce a written management system in Landspreading: how to comply with your permit

Site-specific risk assessment: higher risk locations

For higher risk locations you must submit a site-specific risk assessment. You must assess the risks to any of the groundwater source protection zone 2, European site, Ramsar site and Site of special scientific interest receptors you identified. You must show how you intend to prevent harm to these receptors.

You must submit your risk assessment as a supporting document. Reference it in section B5 Supporting documents.

Bespoke permits

All bespoke permits are high risk deployments.

You must submit a site-specific risk assessment.

For guidance on how to do a site-specific risk assessment see the guide risk assessments for your environmental permit.

All deployment applications: consider other sensitive receptors

You must consider other sensitive receptors. See Section 8 in Landspreading: produce a benefit statement for the requirements.

Protected species

The Environment Agency has a duty to protect the Biodiversity Action Plan (BAP), National and European protected species and BAP habitats.

The data on protected species is often restricted to make sure they are protected. The Environment Agency will make an assessment for you and tell you if you need to take extra steps before you start your deployment.

Section B2 About the waste

You must be able to meet permit rules:

R13 waste storage before you spread
R10 land treatment resulting in benefit to agriculture or ecological improvement

See permit rule 2.1.1 in Landspreading: how to comply with your permit which explains how to do this.

You can apply for a maximum of 10 waste streams for each deployment.

If you are applying for more than one deployment, the section A1.2 Submitting more than one deployment for the same area of land in this guide explains how to do this.

A waste stream is a single waste, generated from a single site. You must describe each single waste stream. List each one in table B2.1.

You must use the waste code and description listed in your permit.

Find detailed information on waste codes and descriptions in Landspreading: benefits and risks of the waste types you can use.

The waste producer must classify their waste. They can use the waste classification technical guidance. You must confirm that your permit allows you to accept these wastes. Waste producers may also use the updated waste codes given in:

You must make sure that your waste streams are described, sampled, analysed and assessed correctly. The Environment Agency may ask you to do further analysis if you do not provide enough information or an accurate characterisation of the waste.

Find details on the requirements in Landspreading: provide a waste and receiving soil analysis.

If the Environment Agency agree your deployment application, it does not guarantee that the waste stream is safe. You must observe any changes to the waste stream or any new or previously unidentified issues. If you identify a new hazard or property which was not disclosed in the agreed deployment form, you must contact your local Environment Agency office for advice.

Stackable or non-stackable

Waste must be described as stackable or non-stackable.

Stackable waste must:

be solid enough to stack in a free‐standing heap without slumping
not give rise to free drainage of liquid from within the stacked material

All other waste is classed as non-stackable.

Non-stackable waste can include liquids and sludges.

The interpretation of liquid waste is given in sections 4.14 and 4.15 in the Environmental permitting, the Landfill Directive guidance.

High readily available nitrogen waste

These are organic wastes in which more than 30% of the total nitrogen content is available to the crop at the time of spreading.

Find further details under Using manures with high readily available nitrogen in the guide Using nitrogen fertilisers in nitrate vulnerable zones.

For storage and spreading restrictions in a groundwater safeguard zone see permit rule 2.1.8: high readily available nitrogen waste in Landspreading: how to comply with your permit.

To prevent or limit the loss of ammonia in sensitive areas during storage see permit rule 3.2.4: storage of high readily available nitrogen waste in Landspreading: how to comply with your permit.

Section B3 About the land to be treated

Section B3.2 Type of land to be treated

Select the type of land using these definitions.

Agricultural land

Agricultural land is defined under section 109 of the Agricultural Act. This includes land used for:

horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping grazing land, meadow land, osier land (growing willow), market gardens and nursery grounds
woodlands where its use is necessary to support the use of land for other agricultural purposes
all arable and livestock farming
the production of timber, fibre and non-food agricultural crops (such as biomass)
farm diversification projects such as camping or caravanning, livery and horse grazing
growing energy crops or other non-food crops included in agricultural rotation

Where energy crops or other non-food crops fit into an agricultural rotation this land is agricultural land.

Non-agricultural land

Non-agricultural land means any other land that is not defined as agricultural land, including:

parks, gardens, recreational and amenity woodlands and forest, sports grounds, cemeteries, churchyards, verges and landscaped areas
land that has been developed industrially or otherwise, for example brownfield sites or derelict land
operational land of a railway, water undertaker, internal drainage board, Canal and River Trust or the Environment Agency

Non-agricultural land may also include biomass crops that are not part of an agricultural business, such as woody crops planted on restored land and intended for energy generation. These biomass crops do not form part of a normal agricultural crop rotation.

Contact your local Environment Agency office if you need more information.

Section B3.3 Areas of land to be treated

Provide details of the land you will treat. The total area of land you treat must be one of the following – equal to or smaller than:

50 hectares
100 hectares on a continuously managed area of land – this applies to SR2010 No 4 and SR2010 No 6 only

For SR2010 No 4 and No 6, a continuously managed area of land means using a single waste stream for a single crop on a single parcel of land (a field) under the control of a single land occupier.

You must make sure that every area of land you list in your deployment form is within a 10 mile radius of the main address you gave in section B3.1 in your LPD1 application form.

Table B3.3 Details of the land to be treated

Include these details for each field in table B3.3:

the field name, number or reference
the size of the land you will treat in hectares (this is not the total field area – exclude for example, buffer zones, woodland or other land that you will not spread on)
a 12‐figure national grid reference such as TQ 12345 67890
the list of waste code
if the field is in a drinking water safeguard zone for nitrate

Find out if the land is in a safeguard zone

You will need to find out if you are in a groundwater safeguard zone for nitrate. If you are, you will need to meet permit rule 2.1.8 high readily available nitrogen waste.

Find out more about groundwater safeguard protection zones in section 9.5 in Protect groundwater and prevent groundwater pollution.

You will also need to consider other types of safeguard zones to assess the risks of your activities to water.

Use MagicMap to find out if each field is in a groundwater or surface water safeguard zone for nitrate.

How to use MagicMap

For groundwater safeguard zones, from the table of contents on the left hand side in MagicMap, tick the boxes in the following order:

Designations.
Land-based designations.
Non-statutory.
Drinking water safeguard zones (groundwater) (England).

Enter the postcode or grid reference for the site and size the map. Use ‘identify’ (i) in the top toolbar to bring up the details.

For surface water safeguard zones, follow the same instructions but tick the boxes for:

drinking water safeguard zones (surface water) (England)
drinking water protected areas (surface water) (England)

Section B3.4 Previous land treatment

Include in table B3.4 any waste or material that has been spread to the same land as this deployment in the past 12 months. This includes for example:

similar or other types of waste spread under a previous deployment – provide the deployment reference number
waste spread under a waste exemption such as U10, U11 or a low risk waste position
septic tank sludge and sewage sludge spread under the Sludge (Use in Agriculture) Regulations
Animal by‐products spread under the Animal By‐Products Regulations
manure, slurry and other types of organic manure derived from a plant, animal or human source
compost or ash
fertilisers or soil conditioners including anaerobic digestate and liquors
materials spread under a quality protocol or end of waste

You must:

have discussed this with the land owner or occupier
make sure your benefit statement addresses this

Section B4 Storage of waste

The maximum time you can store waste for is 12 months from the date your deployment is agreed.

If you hold, or are applying for, more than one deployment that covers the same area, you must store no more than 3,000 tonnes of waste in a single location at any one time. Of this, you can store no more than 1,250 tonnes of non-stackable waste.

For all waste you temporarily store, you must comply with permit rule 2.1.1 R13: waste storage before you spread. This sets limits on the waste type, where and how much waste you store and how long you can store it for.

Table B4.1 Details of storage

Provide details of the waste type and method of storage you will use.

Section 4 of Landspreading: produce a benefit statement provides examples on the benefits and risks of acceptable types of storage you can use.

State if you are using secondary containment.

You must have approval to use any storage facility provided by a third party such as the land owner or occupier. You, as the operator, are responsible for the facility that is providing secure storage for your waste. For example, if you are using a farmer’s lagoon, you are responsible for it while your waste is stored there.

If you plan to store waste that is high readily available nitrogen within 200 metres of a European site, Ramsar site or a Site of special scientific interest, you must cover the waste. You must comply with permit rule 3.2.4 storage of high readily available nitrogen waste.

You can use Natural England’s designated sites system to find out if you are near to or within these receptors.

Section B5 Supporting documents

You must provide all the required information when you make your application.

Without it the Environment Agency:

will not be able to assess your application
may refuse your application

Location map

You must provide a map or maps outlining the boundaries of the area or areas you will treat. The maps or plans you send must:

be A4 or A3 in size
show the area or areas of land covered by your deployment application
be based on an Ordnance Survey map at a scale of 1:10,000 or larger
show individual points and areas such as the place of storage, spreading areas, buffer zones, no spread zone and sensitive receptors
use colour or hatching to highlight areas on the map
enable cross‐referencing from the details you have put in LPD1
include a legend

See the Landspreading: example location map for details of what you need to provide.

Benefit statement

You must provide a benefit statement for each deployment.

Follow the guidance Landspreading: produce a benefit statement. You can also use the completed example and benefit statement template to make sure you provide all the required information.

Waste and receiving soil analyses

You must provide a current waste analysis for each waste stream you list in LPD1. This must be the actual waste stream you will store and spread. You cannot assess the benefits the waste will have to the land without it.

You must provide a receiving soil analysis. Use representative soil samples from the land to which you will apply the waste.

You must include the full laboratory data sheets, not just a summary of the analytical data. The data sheets need to state the:

accredited laboratory that did the analysis
sampling dates – when the laboratory received them and when they analysed them
methods of sample preparation and analysis and any associated accreditations
limits of analytical detection and units of measurement
any limitations or deviations from the standard methods

Follow Landspreading: provide a waste and receiving soil analysis to make sure you give the required information.

Site-specific risk assessment

Include your site-specific risk assessment if applicable.

Additional information

Use this section to list the references for any other supporting information. The Environment Agency will use this as a checklist to make sure they have received all the required information.

Question 3

Section C Payment

Accepted Answer

Find the deployment charge in table 2.15 in the Environmental permits and abstraction licences: tables of charges.

The Environment Agency recommend that you pay when you send your application. This can avoid delays when they assess it.

State on a separate sheet if you require an invoice.

Contact the Environment Agency if you need advice.

Question 4

Where and how to send your form

Accepted Answer

Use the details in Section F of the LPD1 application form for where to send your form.

The Environment Agency will process your application more quickly if you email all the required documents.

Question 5

Enforcement

Accepted Answer

The agreed deployment form, supporting documents and correspondence are part of your permit. The Environment Agency may take enforcement action against you if you fail to comply with any:

details in the deployment form
requirements of your permit

Question 6

Changes you can make

Accepted Answer

You must not make any changes to your deployment without the Environment Agency’s agreement.

They may allow some minor operational changes. Examples of these include:

changing your method of applying the waste to land, such as from surface spreading to injection
relocating stockpiles so you can operate more effectively
changing the time of year you spread the waste – for example, because bad weather has delayed activities