Farm businesses, land managers and agricultural tenants in England must comply with detailed legal requirements when storing silage, slurry and agricultural fuel oil. These requirements are intended to reduce the risk of water pollution and are underpinned by the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010, commonly referred to as the “SSAFO Regulations”.
At Dyne Solicitors, we regularly advise clients dealing with compliance issues, enforcement notices and regulatory investigations. This guide provides a clear overview of the key rules, responsibilities and risks associated with the SSAFO Regulations.
There is Government guidance explaining the applicable rules, notification requirements and enforcement consequences.
The guidance applies to England and was most recently updated on 26 January 2026, including a reference to an online form for notifying the Environment Agency of certain proposed works or new field silage sites.
Who must comply?
The obligations apply to those responsible for agricultural storage infrastructure and operations, including:
- Farmers
- Land managers
- Tenant farmers, unless responsibility lies wholly or partly with another person, such as a landlord or leaseholder
Responsibility is therefore not always determined solely by land ownership. In tenancy or contract farming arrangements, it will be important to identify who controls the storage, who operates it and who has assumed responsibility for compliance.
Failure to comply with the rules or failure to take proper steps to prevent pollution may lead to enforcement action. Prosecution can result in a fine of up to £5,000 in the magistrates’ court or an unlimited fine in the Crown Court.
What are the key SSAFO rules?
There are six core rules that should be kept in mind to stay compliant with the SSAFO Regulations.
1. Storage design and location
All new or substantially altered stores must:
- Be designed to last at least 20 years
- Be at least 10 metres from inland or coastal waters
- Be properly constructed to prevent leaks and pollution
Older stores (pre-1991) may be exempt, but this exemption is often lost if changes are made.
2. Notification requirements
You must notify the Environment Agency at least 14 days before you:
- Build new storage
- Make substantial changes
- Store field silage on a new site
This is one of the most common compliance failures.
3. Silage storage rules
Silage storage needs to comply with the following:
- It must not be stored within 10 metres of watercourses
- Field silage must be 50 metres from water supply sources
- Silos must have:
- Impermeable bases
- Drainage systems and effluent tanks
- Baled silage must be sealed and stored safely
4. Slurry storage rules
Slurry storage needs to comply with the following:
- Stores must not be within 10 metres of water without approval
- Tanks, pipes and pits must be impermeable and corrosion-resistant
- Typical requirement: at least four months’ storage capacity
Minimum freeboard:
- 300 mm (steel/concrete tanks)
- 750 mm (earth-banked lagoons)
5. Agricultural fuel oil storage rules
Applies where you store over 1,500 litres.
You must:
- Use compliant tanks (e.g. ISO standard)
- Keep storage at least 10 metres from water or drains
- Install a bund (secondary containment)
6. Bund capacity requirements
- Single tank: 110 per cent of tank capacity
- Multiple tanks: 110 per cent of the largest tank OR 25 per cent total volume
Environment Agency Enforcement Notices
The Environment Agency may serve a notice requiring an unsuitable store to be improved or relocated where it considers there is a significant pollution risk. The notice can prevent continued use of the store until the required work is completed.
A person served with such a notice will usually have at least 28 days to carry out the necessary works. A longer period may be allowed where, for example, planning permission is needed or weather conditions prevent the work.
Appeals
A person who disagrees with an enforcement notice may appeal. The appeal period is 28 days, running from the day after the notice is served.
An appeal must be made in writing to the Secretary of State, with a copy sent to the relevant Environment Agency office. The appeal should explain the grounds of challenge and should include supporting material, such as:
- A copy of the notice
- Relevant correspondence
- A farm plan showing the installation and nearby watercourses or drains
- Where a representative acts for the farmer, written confirmation of authority
The possible outcomes include withdrawal or amendment of the notice, confirmation of the notice with additional time for compliance, or confirmation without additional time.
Practical compliance points for farm businesses
Farm businesses and land managers should consider the following practical steps:
- Audit existing storage
Identify all silage, slurry and fuel oil storage and confirm whether each installation is compliant, exempt, or at risk of requiring upgrade.
- Check the age and alteration history of stores
Older installations may benefit from limited exemptions, but those exemptions may be lost if substantial changes have been made.
- Review capacity calculations
Slurry and effluent storage should be assessed against production levels, rainfall, freeboard and peak flow requirements.
- Check separation distances
Storage and spreading operations should be reviewed against the required distances from watercourses, drains, ditches and water supply points.
- Notify before work begins
The Environment Agency must be notified at least 14 days before new construction, substantial alteration or first use of a new field silage site.
- Keep records
Compliance files should include plans, calculations, construction specifications, manufacturers’ guarantees, maintenance records and copies of notifications.
- Consider related permissions
SSAFO compliance does not remove the need for other permissions, such as planning permission, environmental permits, abstraction licences, land drainage consents or ordinary watercourse consents.
How Dyne Solicitors can help
At Dyne Solicitors, we can advise on:
- SSAFO compliance and planning
- Environment Agency investigations
- Appeals and enforcement notices
- Regulatory defence
Contact Dyne Solicitors
If you are dealing with SSAFO regulations or facing enforcement action, early legal advice is essential.
Get in touch with Dyne Solicitors for pragmatic, specialist support.
Our specialist team can support you with compliance awareness so that you do not get caught out. Contact James Edes today for help.