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8 Disposal on-farm

14.97 For waste or activities not covered by the exemptions discussed above, the final option is to apply to the Environment Agency for an environmental permit to dispose of the waste on-farm.

Since the introduction of the Agricultural Waste Regulations in 2006, the operation of a Farm Dump or Farm Tip has required (initially) a landfill permit, and now an environmental permit under the 2010 Regulations from the Agency. For these purposes a far, dump can consist of a hole in the ground, old quarry, or surface dump, and the deposit of any quantity of unwanted waste – however small and even if a single deposit- can constitute a farm dump. The requirements for obtaining a environmental permit are stringent, and require not only that the applicant satisfy the Agency that he is a ‘fit and proper person’ to hold a license216 but requires adherence to stringent conditions as to the disposal of waste at the dump concerned eg the provision of a liner to stop fluids seeping from the dump. It should also be noted that although waste can be temporarily stored on-site for 12 months without a permit or licence exemption,217 any waste store will become a waste dump after this period has expired and potentially subject to enforcement action by the Environment Agency. The costs of obtaining and operating an environmental permit are considerable, and this will be an unattractive proposition for most farmers and landowners.

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Source: Rodgers Christopher. Agricultural Law. Bloomsbury Publishing,2016. — 914 p.. 2016
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