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 and in the 'By-Product Notification Form Guidance' (January 2022). Additional user instructions are provided within the 'Frequently Asked Questions' and in the EDEN portal 'Help' section.
Information supplied in a notification, including the notification form, supporting documentation and attachments, along with any other future non-confidential information and correspondence in relation to that notification will be published on the EPA website via the By-Product Notifications Register. The by-product notifications register contains a link to each notification where notification documents can be viewed, and where submissions can be made by local authorities, third parties and members of the public.
The notifier 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.
1. Demonstrating that further use is certain
Demonstrating that there is a certainty of use for the material can be achieved by suppling evidence such as:
2. Demonstrating that it can be used without any further processing other than normal industrial practice
Your notification will need to confirm either (a) or (b):
(a) No further processing of the material is required prior to its use.
(b) If processing is required, it is considered ‘standard procedure’ or ‘normal industrial practice’. Examples of ‘normal industrial practice’ are assessed on a case-by-case basis but may include processes such as filtering, washing or drying, modification of size and shape (such as crushing) and/or carrying out quality control.
3. Demonstrating that the material is produced as an integral part of a production process
You must demonstrate that the production process cannot be undertaken or completed without producing the material. The production of the substance or object must not be the intention of that process i.e. the material must be a production residue. Your notification will need to provide details of the production process to demonstrate this. Process flow diagrams often are a clear way of demonstrating a material is a production residue.
4. Demonstrating that further use is lawful and no overall adverse impacts during use
Your notification should include comprehensive and evidence-based information and data that covers both aspects of this condition. This condition requires you to demonstrate that:
1. The proposed further use of the material is lawful:
2. The specific end use will not give rise to an overall adverse environment or human health impact:
All notifiers should read the Draft By-product - Guidance Note (May 2020) for further details on information requirements to make a by-product notification.
All by-product notifications must be accompanied by Material Producer’s Declarations if the notifier is not the material producer.
All by-product notifications must be accompanied by End User Declarations if the notifier is not the end user.
It is important that you review the specific Guidance on Soil and Stone By-Products (June 2019) before compiling your information.
A soil and stone by-product notification must be accompanied by two declarations which are fundamental to demonstrating compliance with the by-product test. These include:
The following additional sources may support you further in completing your notification:
The EPA assesses 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 EPA will determine either:
The EPA advises that any material which is the subject of a by-product notification should not be moved or used until a determination by the EPA has been made.