Strutt & Parker has urged their clients and farmers to find out how changes to the agricultural waste exemption system affect them and act accordingly before they are confronted with a fine or possible prosecution.

More than 80,000 farmers have registered their waste exemptions with the EA but the system changed on April 6, 2010 and many farmers still need to act. Those already registered have until October 1, 2013 to register under the new system. However, those who have not previously registered their exemptions must do so immediately.

Laura Hardy, in Strutt & Parker's Northallerton office, said: "Virtually all businesses produce waste and are therefore almost certain to need to register one or more exemptions, which also need to be renewed every three years.

"Do not get caught out. It is free to register but managing waste without an appropriate permit is a serious offence and the penalty, should the case go to court, is an unlimited fine or a possible prison sentence.

"We can offer advice to anyone unsure of what they need to do."

Common farm activities which require exemptions include the use of road planning's to improve and maintain tracks and roads on your farm; burning hedge trimmings on a bonfire; using tyres on a silage clamp; using rubble from a demolished farm building in the foundations of a new barn or shed; using woodchip as a surfacing for a woodland path and burning waste wood and straw in burners used to heat buildings.

There are a total of more than 60 waste exemptions split between four categories and about half of these relate to agricultural activities.

Miss Hardy also urged those with no mains drainage to comply with new regulations and register septic tanks and sewage treatment plants with the EA.

"Discharges from septic tanks and small sewage treatment plants are mainly exempt from the need to have an environmental permit, but they all need to be registered with the EA before the December 31, 2011."

"Homeowners must act because if and when they come to sell their property they must pass on the written details of the exempt discharge to the new occupier. If you own property occupied by tenants it is your responsibility to register"

If you discharge into a river or stream, an exemption can usually be obtained if the discharge is less than 5 cubic metres per day. If you discharge into the ground (via a drainage field or soakaway) the discharge needs to be less than 2 cubic metres per day to qualify for an exemption. In theses instances registration is free. 

Miss Hardy said a three-bedroom house discharged slightly less than 1 cubic metre per day on average and so most domestic rural properties and farmhouses would fall under the free registration. "It may be less clear cut where there are a number of properties using the same system."

Miss Hardy added: "To maintain exempt status, you need to keep to the registration conditions, which include undertaking proper inspection, operation and maintenance of your sewage system, regular removal of excess sludge by a properly authorised contractor and keeping records of maintenance and repair."

Additionally, all new systems installed after 6 April 2010 must be designed, constructed and installed in accordance with current British Standards.

Where discharges occur close to a nature conservation area such as a SSSI or to ground that is within 50m of a water supply, exemption may not be available and you will need to apply for an environment permit instead.