The Environment Agency has published statutory guidance under regulation 15 of the farming rules for water aimed at preventing diffuse water pollution from agricultural sources.

The guidance has been issued by the Secretary of State for the Department for the Environment, Food and Rural Affairs under regulation 15 of ‘The Reduction and Prevention of Agricultural Diffuse Pollution (England) Regulations 2018.’

The regulations - also known the farming rules for water - were introduced to reduce and prevent diffuse water pollution from agricultural sources and cover applying and storing fertilisers and the management of soil and livestock.

The guidance tells the Environment Agency about criteria that they should consider when they assess if they should take enforcement action under the regulations.

The EA will generally prioritise giving advice and guidance directing land managers to guidance and grants, and schemes like the Catchment Sensitive Farming partnership before taking enforcement action. 

The Secretary of State does not normally expect them to take enforcement action if the Agency determines that land managers have followed the guidance.

The environmental regulator may still escalate and impose civil or criminal sanctions if appropriate, in particular if advice, guidance and warning letters do not achieve the necessary changes in behaviours.

Guidance says land managers should plan to avoid significant risk of diffuse agricultural pollution

The guidance says that land managers should plan to avoid significant risk of diffuse agricultural pollution, including not exceeding the needs of the soil and crop on the land.

They should also be able to demonstrate that they have planned applications of organic manure or inorganic fertiliser in accordance with the farming rules for water. This includes for example, a nutrient management plan or other written plan.

As a general guide, land managers should plan to avoid applying organic manures that raise the Soil Phosphorus Index (soil P index) above target levels for soil and crop on land over a crop rotation, unless they can demonstrate that:

• it is not reasonably practicable to do so
• they have taken all appropriate reasonable precautions to help mitigate against the risk of diffuse agricultural pollution

In all cases, the guidance says land managers must take all appropriate reasonable precautions to help mitigate against the risk of diffuse agricultural pollution. They must also not apply more nitrogen over an annual crop cycle than the soil and crop need on that land.

Land managers are also expected to plan to have established green cover (any commercial crop, green manure or cover crop) by 15 October as a reasonable precaution to help prevent diffuse pollution resulting from applications to the land.

If they are not planning for green cover to be established on land by 15 October or if they are planning to leave the land bare over winter, they will be required to demonstrate appropriate justifications for agronomic or environmental reasons.

Click here to read the guidance in full.