Phil Hogan
Question:237 Mr. Hogan asked the Minister for the Environment and Local Government the reason for classification of subsoil and top soil as waste material; and if he will make a statement on the matter. [26857/02]
Written Answers. - Classification of Waste Material.
Having regard to the definition of waste in Council Directive 75/442/EEC on waste – the framework waste directive – section 4 of the Waste Management Act, 1996, defines waste as any substance or object belonging to a category of waste specified in the First Schedule of the Act or for the time being included in the European Waste Catalogue which the holder discards or intends or is required to discard.
Thus, soil would be regarded as a waste if the holder discards or intends or is required to discard it, for example, in the context of construction or development activity. On the other hand, there are various circumstances where soil would not be considered a waste having regard to this definition.