Frequently Asked Nitrates Questions

When did the regulations start?

• They came into effect on 1 January 2007 and apply to all farmers in Northern Ireland
• However the requirement for storage capacity and the closed periods for spreading manures is being phased in over a period of time.

What storage do I require on my farm?

The minimum requirement for storage is 26 weeks for pig and poultry enterprises and 22 weeks for other livestock.

When is the closed period for applying organic manure?

The closed period for spreading organic manure is 15 October to 31 January, except for farmyard manure or dirty water.

When is the closed period for applying chemical nitrogen fertiliser?

The closed period for chemical fertiliser is 15 September to 31 January. However, chemical fertiliser can be applied to some crops, other than grass during this time, if a crop need can be demonstrated.

How close can I apply chemcal fertiliser to waterways?

To within 1.5 metres of a waterway.

Can I apply fertiliser containing phosphorus to my land?

Chemical Phosphorus (P) fertiliser must not be applied unless there is a crop requirement, taking into consideration:

• Soil fertility status;
• The recommended phosphorus index of the soil for the crop;
• The supply of phosphorus available from the application of organic manures.

Soil fertility status can only be established through a soil test. Sampling every fourth year is satisfactory as a basis for phosphorus fertiliser recommendations. Contact your local Department of Agriculture and Rural Development (DARD) office for more information.

How does the new legislation effect how I apply farmyard manure to my fields?

Under the Nitrates Action Programme Regulations, farmyard manure:

• Can be applied throughout the year provided soil and weather conditions are suitable
• Can only be stored in the field where the application is to take place
• Must not be stored for longer than 180 days in the same location of the field in consecutive years
• Must be stored in a compact heap.

Finally it must not be stored within:

• 20m of any waterway
• 50m of lakes
• 50m of a borehole, spring or well
• 250m of a borehole used for a public water supply
• 50m of caves, sinkholes and underground drainage systems.

Can poultry litter be treated in the same way as farmyard manure?

Poultry manure must not be spread during the closed period for organic manures, unlike farmyard manure. Poultry manure must also be covered with an impermeable membrane within 24 hours of placement in the fields. The storage of poultry litter is currently being reviewed.

I keep chickens and have washed out my poultry houses. I now want to dispose of the washings. Can I treat them in the same way as dirty water?

Washings from poultry houses are considered to be slurry, not dirty water; and as such they have to be disposed of accordingly.

My fields aren’t waterlogged but heavy rain is forecast. Can I still spread fertiliser?

All fertilisers, chemical and organic, must not be applied on:

• Waterlogged soils (This is when water appears on the surface of the land when pressure is added)
• Flooded land or land liable to flood
• Land that has been frozen for 12 hours or longer
• Snow covered ground
• If heavy rain is forecast within the next 48 hours
• Steep slopes where other significant risks of water pollution exist.

Organic manures including dirty water must not be applied within:

• 20m of lakes
• 10m of any other waterway, including open areas of water, open field drains or any drain which has been backfilled to the surface with permeable material such as stone/aggregate. However this distance may be reduced to 3m where slope is less than 10% towards the waterway, and where organic manures are spread by bandspreaders, trailing shoe, trailing hose or soil injection; or where adjoining area is less than 1 hectare in size, or not more than 50m in width
• 50m from a borehole, spring or well
• 250m of a borehole used for a public water supply
• 15m of caves, sinkholes and underground drainage systems.

My dirty water tank is almost full. Can I spread it in January?

Dirty water can be applied to any land throughout the year in an accurate and uniform manner except when it will result in water pollution. No more than 50m³/ha (4500 gal/ac) of dirty water shall be applied at any time and at least 2 weeks must be left between applications.

Can I use a Sludgigator?

Slurry can only be spread by:

• Inverted splashplate
• Bandspreader
• Trailing shoe
• Trailing hose
• Soil injection.

Sludgigator-type spreaders and upward facing splash-plates cannot be used.

Does dirty water have to be applied by a particular method?

Dirty water can be spread by the same methods as slurry and by irrigation. A sludigator is not classed as an irrigator and must not be used. A sludgigator loses a lot more of its slurry’s nitrogen content in the process of spraying, does not spread it as evenly, has a greater chance of causing water pollution, has a greater chance of causing animal health issues and creates a stronger smell than these other methods.

I have full storage but my slurry tank has suddenly filled due to a burst water pipe. Can I go ahead and spread the slurry onto my fields during the closed period?

Under the Nitrates Action Programme Regulations, failure to comply is an offence without reasonable excuse. Each case will be looked at on an individual basis. Officers may come out to do an on-site evaluation and take into account the best way to prevent any potential water pollution incident. If consent is given to spread the contents of the tank, it has to be done according to Code of Good Agricultural Practice guidelines.

I have sufficient storage space in my slurry tank, but a neighbour who has taken some of my land as con-acre desperately needs to empty his tank. Can I allow him to spread his slurry on my land he has taken in con-acre?

Yes, as long as you both sign a written agreement that states permission was given for this to happen. This agreement will have to be kept, as it will become part of both farms’ Nitrates records, and needs to be checked alongside the other nitrate records for that year in the event of a cross compliance inspection. Remember that the Nitrates Directive restricts farms to 170 kg/N/ha/year. This figure includes the manure deposited by the animals themselves at grazing and also the manure applied.

My herd has been tested positive for TB and my tank is almost full. Can I go ahead and empty my slurry tank onto my land to avoid any potential pollution incident?

Each case will be looked at individually. Some of our officers may come out to do an on-site evaluation, while of course carrying out the required bio security measures on entering and leaving the property. If consent is given, certain restrictions may be imposed in order to minimise the risk of water pollution and the spread of disease. These may include a list of which fields in which spreading cannot occur.

I am a farmer and want to know if I can pay a contractor to take a couple of tanker loads of slurry out of my tank, as it is almost full. The contractor will dispose of the slurry off-farm himself.

A contractor can spread slurry taken from a farm which does not have its full closed period storage capacity in place yet. It is the responsibility of the contractor to ensure that the farmer does not have enough storage. A farm record will have to be kept of:

• The quantity of each type of nitrogen fertiliser moved on or off the holding
• The date of movement
• The name and address of the consignee, the consignor and any third party transporters of the slurry.

Under the nitrates regulations can I apply blood and stomach contents to my fields in the same way I spread slurry?

Blood and stomach contents are classed as being organic manures and as such the same restrictions apply as for slurry. The term 'organic manures' also applies to sewage sludge, residues from fish farms and other organic wastes. However you will have to obtain a normal waste exemption under the new waste regulations before any spreading can occur. For further information on the separate waste management restrictions that apply to these organic wastes, contact the Agricultural Waste Management team (Land Resource Management, Northern Ireland Environment Agency on 028 9056 9361).