To make a by-product notification complete the following steps:
Instructions on how to complete each section of the form are provided on the form itself. Additional user instructions are provided within the ‘Help’ section of the EDEN portal site and there is a dedicated email address at eden@epa.ie for any further queries.
The information in your by-product notification may come within the scope of the Access to Information on the Environment Regulations 2007 (AIE Regulations) and/or the Freedom of Information Act 1997 (FOI Act). As such, any data that you submit may be requested and subsequently have to be made available.
The economic operator must demonstrate that the production residue meets the requirements of each of the four ‘conditions’ of the by-product test. Fundamental to this, is that you have a proper understanding of the composition of your material to allow you to provide sufficient data and information.
An overview of the information required to demonstrate compliance with each of the four by-product ‘conditions’ are detailed below.
All economic operators should read the Draft By-product - Guidance Note for further details on information requirements to make a by-product notification.
For any queries relating to Article 27 by-product notifications please email article27@epa.ie.
For any issues relating to the EDEN portal including registration, access or upload queries, please email eden@epa.ie.
It is important that you review the specific Guidance on Soil and Stone By-products prior to compiling your information.
A soil and stone by-product notification must be accompanied by three declarations which are fundamental to demonstrating compliance with the by-product test.
These include:
Specific guidance has been prepared to assist planners, Planning Authorities and An Bord Pleanala on the management of excess soil and stone from development projects. This is available to download:
Guidance for Planners
The following additional sources may support you further in completing your notification:
The Environmental Protection Agency assess each by-product notification on a case-by–case basis, taking a risk-based approach. This is to acknowledge the variation in the circumstances under which by-products and waste are generated. Similarly, the associated risks to human health and the environment may also differ. Timescales will vary depending on the quality of your notification and the complexity of the case. Additional information may be requested and consultation with the parties listed on your notification will be undertaken before a determination is reached.
The Environmental Protection Agency will either:
The Environmental Protection Agency advise that any material which is the subject of a by-product notification should not be moved or used until a determination by the Environmental Protection Agency has been made.