With land far too soft for many farmers to even think about going out with a slurry tanker, I have heard of instances where farmers have turned to the use of a rain gun to spread slurry and take the pressure off heavily filled tanks. Farmers should be aware that they are placing their Basic Payment at risk by doing so, while also opening themselves up to a fine. It is prohibited to spread slurry with the use of an upward-facing splash plate or sludge irrigator on a tanker. Sludge irrigator is the legal term for what many of us may know as a rain gun. The use of rain guns has been prohibited since 2006. However, some farmers continue to use them.
With land far too soft for many farmers to even think about going out with a slurry tanker, I have heard of instances where farmers have turned to the use of a rain gun to spread slurry and take the pressure off heavily filled tanks. Farmers should be aware that they are placing their Basic Payment at risk by doing so, while also opening themselves up to a fine.
It is prohibited to spread slurry with the use of an upward-facing splash plate or sludge irrigator on a tanker. Sludge irrigator is the legal term for what many of us may know as a rain gun. The use of rain guns has been prohibited since 2006. However, some farmers continue to use them.
Not only are they prohibited, but the spreading of organic fertilisers or soiled water from a road or passageway, even if the road or passageway is on your own holding, is also not allowed.
Severe consequences
Local authorities are the bodies which carry primary responsibility for implementing these regulations.
A person may be prosecuted for breaches of the regulations and may be liable on summary conviction to a fine of up to €5,000, or imprisonment for up to three months, or both. Local authorities are also obliged to report breaches to the Basic Payment section of the Department of Agriculture, which will then investigate whether a penalty should be applied to the Basic Payment Scheme.
The use of a rain gun would generally be seen as an intentional breach of cross-compliance regulations and, therefore, would be liable to a reduction of 20% to the BPS. Depending on the seriousness of the breach, the sanction could be increased up to 100% or reduced to 15%.
Other breaches which could lead to a BPS penalty include spreading chemical fertiliser, livestock manure, soiled water or organic fertilisers when the land is waterlogged, flooded, or likely to flood. It is also prohibited to spread when the land is frozen or covered in snow.
While farmers in most parts of the country are now permitted to spread fertilisers, farmers in Zone C, which includes Donegal, Leitrim, Cavan and Monaghan, must wait until 1 February.
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