Regulation and management of excess soil and stone in the Republic of Ireland

1. Regulation and Management of Excess
Soil and Stone in the Republic of Ireland
3 February 2021
Caitríona Collins, Senior Inspector
Office of Environmental Sustainability

2. INTRODUCTION
•What is excess soil and stone
•Waste versus by-product
•Regulatory options
•Guidance and further information

3. EXCESS SOIL AND STONE
• Recital 11 of Waste Framework Directive:
• Article 2(1)(c) - Exclusion from Scope of Directive:

4. EXCESS SOIL AND STONE
Not regulated as waste
Uncontaminated soil and
stone that is certain to be used
in construction at the same
project site from where it was
excavated is not regulated as
waste
[Article 2(1)(c) exclusion]
Regulated as waste
Excess uncontaminated soil and
stone produced during
construction projects may be a
waste if it is discarded, is intended
to be discarded or is required to
be discarded
[Article 3(1) definition of waste]

5. WASTE V BY-PRODUCT
Production
Process
Product
All material that is deliberately
created in a production process
Production Residue
A material that is not deliberately
produced in a production process but
may or may not be waste
Waste
By-product

6. WASTE V BY-PRODUCT
Regulated as Waste
PRODUCTION
PROCESS
Product
(deliberately
produced)
Marketing
and/or use
End-of-waste
criteria met?
Product
Marketing
and/or use
End-of-life
Discarded as
waste
By-product
conditions met?
By-product
Waste
prevented
Production
Residue
(not deliberately
produced)
Disposal
Recovery or
recycling
operation
Waste
Waste
discarded

7. REGULATORY OPTIONS
Excess
soil
Contaminated soil
Uncontaminated
soil (assumed)
Waste acceptance at inert landfill
Waste
By-product
Waste acceptance
at soil recovery
facility
Beneficial use as
by-product
Greenfield
source
Brownfield
(non-
greenfield)
source
Uncontaminated
soil
Inert Landfill
WAC
WAC – soil
recovery facilities
Comply with by-
product conditions
Alternative disposal/treatment
(where above inert landfill WAC)

8. EPA GUIDANCE AVAILABLE

9. WASTE SOIL RECOVERY
FACILITIES AUTHORISATION
EPA
 Waste Licence (>200,000 tonnes)
http://www.epa.ie/terminalfour/waste/index.jsp
Local authority
 Waste Facility Permit (>25,000, <200,000)
 Certificate of Registration (<25,000 tonnes)
http://facilityregister.nwcpo.ie/

10. GUIDANCE – WASTE SOIL
Guidance on Waste Acceptance Criteria at Soil
Recovery Facilities – published February 2020
Scope: LoW 17 05 04 (Dredge Spoil LoW 17 05 06 is out of scope)
Addresses greenfield and non-greenfield soil and
stone
Guidance for non-greenfield is based on 7
geochemical domains and max concentrations
and/or trigger levels in each domain

11. GUIDANCE – WASTE SOIL
https://dcenr.maps.arcgis.com/apps/webappviewer/index.html
?id=da71bb12d7f3439e9c6dcb906c9b98c1

12. GUIDANCE – BY-PRODUCT SOIL
Guidance on Soil and Stone By-products – published
June 2019
Addresses excess uncontaminated soil and stone only
Guidance on addressing each of the 4 by-product
conditions
Certainty of further use
Used directly without any further processing
Produced as an integral part of a production process
Further use is lawful

13. GUIDANCE – BY-PRODUCT SOIL
• A person must notify EPA if they consider their material to be by-product
rather than waste.
• Notifications are submitted online via the Eden Portal https://www.edenireland.ie/ (Sign up and
request access to Article 27 module)
• Project underway to improve the online form
• In the meantime, we seek declarations to be submitted (links on webpage
https://www.epa.ie/waste/wastereg/article27/notification/):
• Where information is not clear, we consult with the notifier and relevant
local authorities
• Determination as by-product or waste can be a protracted process
• Register of Article 27 notifications: http://web.epa.ie/Article27Register/

14. BY-PRODUCT –
COMMON CONSULTATION QUESTIONS
• Request for declarations when not provided with notification
• Confirmation of source site owner and destination site owner
• Confirmation of soil quality for brownfield sources
• Interpretation of soil quality results
• Map showing exact location of source material extraction
• Confirmation that notified quantity is required at use location
• Evidence of appropriate planning in place or declaration of exempted
development at destination site
• Confirmation from end-user that the material is needed for the stated use

15. GUIDANCE – BY-PRODUCT SOIL
Guidance on Waste
Acceptance Criteria at Soil
Recovery Facilities
Can be used to demonstrate
“uncontaminated”
More general by-product
guidance also available
(currently draft)
Additional guidance
produced to assist planners
and planning authorities

16. END-OF-WASTE
• Draft Guidance
• Part 1 – Introducing End-of-Waste
• Part 2 – Preparing and End-of-Waste
Application
• Standard Application Form
http://www.epa.ie/waste/waste
reg/art28/submitart28app/

17. CONCLUSIONS
1. Excess soil may or may not be waste
2. Plan early for how it should be managed
3. Options for management include soil recovery facilities, or
management as by-product
4. Notification as by-product must demonstrate compliance with 4 by-
product conditions
5. Determination as by-product or waste can be a protracted process
6. Detailed guidance is available

18. THANK YOU
By-products End-of-waste
Contact us: article27@epa.ie article28@epa.ie
More information: https://www.epa.ie/waste/
wastereg/byprod/
http://www.epa.ie/waste/
wastereg/art28/