The disposal of spent mushroom compost is currently not regulated by the Waste and Contaminated Land (Northern Ireland) Order 1997, as it is not classified as a Controlled Waste.  This is applicable on the understanding that the mushroom compost is produced using an agricultural waste.  However, in the course of investigating complaints regarding the illegal disposal of waste, Enforcement Officers have responded to cases in which large quantities of spent mushroom compost have been disposed of, either by infilling or tipping on the land.

The Department works closely with all enforcement bodies and actively informs these organisations when incidents arise.  For example, the Environment and Heritage Service’s (EHS) Water Management Unit obtained a prosecution for a site, on the grounds that there was pollution of a watercourse.  Issues also occur which relate to Planning Service NI regulations.

The general advice given to operators who are dealing with the disposal of spent mushroom compost is to abide by good agricultural practices. The material should be treated as manure and spread as a fertiliser, not used for infilling lands.  If spent mushroom compost has to be stored, suitable measures should be implemented to protect the environment e.g. eliminate leachate runoff.

The implementation of the proposed Waste Management Regulations (Northern Ireland) 2005 will make all agricultural waste controlled waste. This will require all agricultural operations to take responsibility for the waste they produce.  The obligations for people with regard to waste production, storage, transportation, recovery and disposal will be encompassed within the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2002.  Duty of Care applies to everyone who has responsibility for the management of controlled waste.  Following the introduction of the Waste Management Regulations (NI) 2005 this duty will apply to anyone handling agricultural waste.  Duty of care is a regulatory system based on good business practice whereby care must be taken to keep waste safe.  If waste is transferred to someone else, care must be taken to ensure they are authorised to take it and can transport, recover or dispose of it safely.  

The Waste Management Regulations (NI) 2005 will require change for those operating agricultural businesses, as they will now be producing controlled waste.  Mushroom growers, as the producers of spent mushroom compost, must be aware that following the introduction of the legislation, they will be managing controlled waste.  The use of this material on the producing farm, will be determined by the Nitrates and Phosphates Action Programme.  However, the majority of spent mushroom compost is exported from the premises where the mushrooms are grown.  If another farmer wants to import spent mushroom compost, they will have to apply for permissions under the Waste Management Licensing Regulations (Northern Ireland) 2003 from EHS Waste Management and Contaminated Land Unit.  This is in addition to the requirements of the Nitrates and Phosphates Action Programme, which will determine the quantities which can be applied to the land.  
      
Those composting as a commercial business may already have experience of producing and managing controlled wastes.  However, where previously they may have been importing chicken litter, which was an uncontrolled waste, to be used in the process this material will now be controlled.   Permissions under the Waste Management Licensing Regulations (Northern Ireland) 2003, will therefore be required to enable them to receive it onto their premises.

The introduction of the 2005 Regulations will mean that the illegal disposal of agricultural waste may result in prosecution proceedings being instigated by the Department. These specific offences relate to Articles :-

4(1)(a) of the 1997 Order it is an offence for a person to deposit, or to knowingly cause or knowingly permit controlled waste to be deposited on land unless a waste management licence which authorises the deposit of the waste is in force.

4(1)(b) of the 1997 Order to treat, keep or dispose of controlled waste in or on any land or by means of any mobile plant unless it is in accordance with a waste management licence.

4(1)(c) of the 1997 Order to treat, keep or dispose of waste in a manner likely to cause pollution of the environment or harm to human health.

Each of these offences attracts a maximum fine of £20,000 and/or a prison sentence of up to six months in the magistrates court. If the case is heard in the High Court the maximum penalty is an unlimited fine and/or two years imprisonment. Further offences relating to Duty of Care legislation are also relevant.

The Department may issue a Notice under Article 27 of the 1997 Order which will require Controlled Waste to be removed. Failure to adhere to said Notice may result in further charges.