Reusing Road Planings – By-Product or Waste? Know the Difference
When it comes to milled asphalt—better known on site as blacktop—there’s a legal distinction that every local authority in Ireland needs to understand:
Is it a by-product, or is it waste?
The answer determines whether you need a waste permit, how you handle it, and whether you're exposing your council to compliance risk.
The 2023 EPA Guidance: Game-Changer for Reuse
In November 2023, the Environmental Protection Agency (EPA) published national criteria allowing site-won asphalt (blacktop planings) to be reclassified as a by-product, rather than waste—under certain conditions.
This shift is designed to support circular economy goals and reduce the overuse of virgin materials in road projects.
But there’s a catch: you must prove it meets the criteria.
When is Blacktop a By-Product?
To be considered a by-product (and avoid waste regulation requirements), blacktop must meet all four of the following:
Further use is certain
It can be used without further processing beyond what’s normally required
It forms part of a production process
Its use is lawful, safe, and will not cause overall adverse environmental or human health impacts
If any one of these conditions isn’t met?
It’s classified as waste—and that means permits, records, and liabilities.
Why This Matters for Councils
Many councils assume contractors are handling this correctly—but you are still legally responsible under the Waste Management Act if planings are misclassified or untracked.
That includes:
Verifying quantities removed
Recording final destinations (reuse vs. disposal)
Keeping auditable proof of by-product justification
And now that blacktop is recognised as valuable reusable material, untracked removal may also raise procurement and financial governance concerns.
Hub360 Makes This Easy
Hub360 provides councils with:
Load-by-load digital records of blacktop movements
Reuse documentation aligned with EPA guidance
Automated reporting for internal use or audits
Subcontractor accountability with minimal admin
No paperwork chasing. No compliance guesswork. Just clarity.
Final Word
Reusing blacktop isn’t just good environmental practice—it’s good governance.
But only if you know the difference between by-product and waste—and can prove it.
Learn how Hub360 helps councils meet EPA criteria effortlessly.