Environmental regulation often focuses on the obvious pollution risks: slurry stores, silage clamps, fuel tanks and chemical storage areas. However, some of the most common environmental risks arise from everyday operational activities that are so routine they are often overlooked. One such activity is the management of wash water.
Earlier this year, I wrote about the regulatory framework governing concrete wash water. Whilst the construction and agricultural sectors may appear very different, they are confronted by a remarkably similar challenge. Whether the source is a concrete mixer, a crop sprayer, a livestock handling yard or a piece of agricultural machinery, the key question remains the same: What happens to the wash water once the cleaning process is complete? The answer is often more important than the cleaning activity itself.
When water becomes a potential pollutant
In the construction sector, concrete wash water can contain high levels of alkalinity, suspended solids and other contaminants. If improperly managed, it has the potential to cause significant environmental harm. That is why the Environment Agency’s Regulatory Position Statement relating to concrete wash water places such emphasis on containment, treatment and reuse whilst maintaining the overarching requirement that pollution must not occur.
The same principle applies in agriculture.
Water used to wash down machinery, sprayers, livestock yards, trailers and equipment frequently contains substances that can become environmental pollutants once released into the wider environment. These may include:
- Pesticide residues
- Fertilisers and nutrient-rich sediments
- Animal manures and organic matter
- Oils, fuels and lubricants
- Detergents and cleaning products
- Soil and silt
Individually, these substances may appear insignificant. However, when carried into a ditch, field drain, stream or watercourse by wash water, they can create significant environmental risks and potentially attract regulatory attention.
Simple questions with significant consequences
In my experience, many operators focus on how equipment is cleaned but devote less attention to where the resulting wash water ultimately ends up. The fail to account for some simple questions that can have significant legal consequences. Operators should ask:
- Does it discharge to a surface water drain?
- Does it enter a field drain connected to a watercourse?
- Does it flow across a yard during periods of heavy rainfall?
- Is there adequate separation between clean water and contaminated run-off?
These questions are often more important than the washing activity itself.
A perfectly lawful cleaning operation can become problematic if contaminated washings escape from the site or enter the aquatic environment.
The growing importance of source control
Environmental regulation is increasingly directed towards preventing pollution at source rather than dealing with the consequences after an incident has occurred.
For farm businesses, this may involve reviewing:
- Dedicated wash-down areas
- Drainage arrangements
- Clean and dirty water separation systems
- Collection and containment infrastructure
- Operational procedures for machinery and sprayer washings
- Staff awareness and training
Many of these measures are neither complex nor particularly expensive when compared with the costs associated with investigating and rectifying a pollution incident.
A universal regulatory principle
What is particularly interesting is that the same regulatory principles apply across multiple industries.
A concrete batching plant managing wash water, a haulage operator cleaning vehicles, a waste facility washing equipment and a farmer washing down a sprayer are all fundamentally dealing with the same issue: contaminated water generated during routine operations.
The industries may differ, but the regulatory focus remains consistent. The objective is to ensure that pollutants are properly contained, managed and prevented from entering the wider environment.
A final thought
When considering environmental compliance, businesses often focus on major infrastructure projects and significant capital expenditure. Yet some of the most effective environmental controls begin with a far simpler exercise.
Ask yourself one question:
“Where does the wash water go?”
The answer may reveal an environmental risk that has remained hidden in plain sight.
John Dyne
Director, Dyne Solicitors Limited
Specialists in Environmental, Agricultural, Waste and Regulatory Law
jbd@dynesolicitors.co.uk