Article 27 of the European Communities (Waste Directive) Regulations 2011 – by-product of soil & stone – EPA Consultation

Excess soil and stone is regularly generated at development and construction sites.  Sometimes the soil and stone is from greenfield sites and contains no anthropogenic contamination.  Other times, the soil and stone is from brownfield sites – ranging from sites that simply had buildings on them to sites that are heavily contaminated with industrial or other pollutants.

  • Article 27 of the European Communities (Waste Directive) Regulations 2011 transposes into Irish law the requirements of article 5 of the 2008 Waste Framework Directive (2008/98/EC) in relation to by-products.
  • Article 27 allows so-called ‘economic operators’ to decide that a substance or object can be regarded as a by-product and not a waste.
  • The provision has the potential to bring about significant change in the way waste is traditionally viewed and how it can be regulated in future.

The EPA through a process of consultation wish to take into account any submissions made by interested parties in deciding its final position on the matter of assessing article 27 notifications for soil and stone (and similar materials) and their use in backfill or fill (and similar) activities.

  • This proposal for consultation is concerned primarily with soil and stone from greenfield sites.
  • All submissions should be made by email to by 3 August 2012.