Landspreading: form LPD1 guidance - GOV.UK

2022-05-29 00:30:48 By : Mr. Tony He

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This publication is available at https://www.gov.uk/government/publications/landspreading-apply-to-deploy-mobile-plant/landspreading-form-lpd1-guidance

Follow this guidance when you fill in Landspreading: form LPD1 application for deployment (LPD1). This will make sure you provide the information we need to process your application on time.

We will accept applications using LPD1 version 3 until 19 August 2022 while you update your systems and processes. After that date, please use LPD1 version 4.

When you apply to deploy you must:

You will need to provide these supporting documents as part of your application:

You may also need to provide:

When we receive your application we will check you have submitted all the information we need to process it. Once we are satisfied your application is complete we will acknowledge receipt. Allow at least 25 working days from the time your application is complete, for us to make our assessment.

We will contact you if we have any questions about your application.

To meet the requirements of rule 2.1.4 in your standard rules permit you must not start any activities until you have received written agreement from us. Written agreement means an email from us that says we agree your deployment (known as an ‘email decision notice’).

To meet standard rule 4.3.4, each time you want to begin landspreading you must tell us at least 48 hours (but no more than 7 days) before the date you start. If your spreading activities have to stop for more than 7 days, you must tell us again when you will restart spreading. Follow the same timescales.

Your deployment is valid for 12 months from the date we give our agreement. You cannot renew deployments. If you need to continue waste operations after 12 months you must submit a new deployment form and supporting documents with the correct payment.

Tell us if you have discussed your application with us before you submitted it. Provide a pre-application reference and give this reference number in section B5.

If you hold a relevant 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 completed deployment form.

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

Tell us if you are submitting 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.

See Landspreading: how to comply with your permit for the requirements of the technically competent manager and nominated competent person.

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.

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

To assess the risk you will need to:

Your controls will depend on the level of risk:

You must identify how you will control the risks. See rule 1.1.1(a): produce a written management system in Landspreading: how to comply with your permit which describes:

Use table B1.1 to work out if your application is a low, medium or high risk deployment. We will use this information to assess your application.

There are 2 types of risk assessment that may apply:

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

See rule 4.4 Interpretation in your permit for the meanings of European sites, Ramsar sites and Sites of special scientific interest.

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

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

SR2010 No 4: mobile plant for landspreading

SR2010 No 5: mobile plant for reclamation, restoration or improvement of land

SR2010 No 6 mobile plant for spreading of sewage sludge

If you use a generic risk assessment you:

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. Give it a reference and put this in section B5 Supporting documents.

All bespoke permits are classed as 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.

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

We have 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. We will make an assessment for you and tell you if you need to take extra steps before you start your deployment.

You must be able to meet permit rules:

See Landspreading: how to comply with your permit

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

If you are applying for more than one deployment see section A1.2 Submitting more than one deployment for the same area of land.

A waste stream is a single waste, generated from a single site. You must describe each single waste stream, even if they have been mixed together. 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 will use the codes in the waste classification technical guidance. You may need to check these are allowed under your standard rules permit. They may also use the updated waste codes given in Waste codes otherwise not specified: RPS 241.

It is your responsibility to make sure that your waste streams are described, sampled, analysed and assessed in a robust manner. We 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 we agree your deployment form, 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.

Waste must be described as stackable or non-stackable.

All other waste is classed as non-stackable.

Non-stackable waste can include liquids and sludges.

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

You must tell us if the waste is high readily available nitrogen.

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

For further details see using manures with high readily available nitrogen.

For storage and spreading restrictions in a groundwater safeguard zone see 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 rule 3.2.4: storage of high readily available nitrogen waste.

Use these definitions to tell us if the land is agricultural or non-agricultural.

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

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

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

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.

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:

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.

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

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

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. Tell us in table B3.3.

From the table of contents on the left hand side in MagicMap, tick the boxes in the following order:

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

Follow the same instructions but tick the boxes for:

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

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

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 rule 2.1.1 R13: waste storage before you spread. This limits what, where, how much and how long you can store waste.

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

To meet the requirements of rule 2.1.1 R13 Waste storage before you spread see examples of appropriate types of storage in Landspreading: how to comply with your permit.

Tell us if you are using secondary containment.

If you use the landowner’s or occupier’s storage facilities you are responsible for them. They must be secure and you must meet the requirements of your permit.

If you are going 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 to meet 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.

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

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

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

You must provide a benefit statement for each deployment.

It must describe the total agricultural benefit or ecological improvement of all the wastes you will spread to the land covered by this deployment.

An appropriate technical expert must produce it.

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

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:

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

Include your site-specific risk assessment if applicable.

Use this section to give the references to any other supporting information. We will use this as a checklist to make sure we have received all the required information.

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

We recommend that you pay when you submit your application. This will avoid delays when we assess it.

Tell us on a separate sheet if you require an invoice.

Contact us if you need advice.

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

We will process your application more quickly if you use email to provide all of the required documents.

The agreed deployment form, supporting documents and correspondence are all part of your permit. We may take enforcement action against you if you breach any:

You must not make any changes to your deployment without our agreement.

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

Depending on what your proposed change is, you may need to submit a new deployment form – for example if you want to:

If you make any changes without our agreement, you will breach the requirements of your permit and deployment. We may take enforcement action against you.

We offer basic (free) and enhanced (paid for) advice. See the guidance get advice before you apply for an environmental permit.

If you have any questions about the form, the payment or the required supporting documents, please contact us.

National Customer Contact Centre PO Box 544 Rotherham S60 1BY

Email enquiries@environment-agency.gov.uk

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