Producing digestate

As a producer of digestate, you must abide by the industrial waste and priority waste duties. These are detailed within guidance  (EPA publication 1990.1) Managing industrial waste – Your duties as a waste producer.

You must obtain the appropriate EPA permission for producing digestate. The designation does not remove the permission requirements for producing digestate. The type of permission required depends on your specific activity. Further information is available in EPA’s Permissions webpage. 

However, you don’t need a permission to supply the digestate for use if you produce digestate that meets the conditions in the designation.

Unpasteurised digestate

The designation can apply to digestate that is not pasteurised. 

You can classify unpasteurised digestate under the designation if it is being sent for composting to a permissioned organics processing facility (A07).

Digestate can be used as a feedstock for organics processing. Once organic processing is complete, you may be eligible to receive composted waste for use under the processed organics determination. This only applies if the processed organic waste meets the specifications in the determination. EPA Determination – Specifications acceptable to the Authority for receiving processed organics does not apply to digestate.

 

Transporting digestate

If you are transporting digestate classified under the designation, you do not need an EPA vehicle registration. Waste tracking is also not required. 
However, the industrial waste and priority waste duties continue to apply. Your transport requirements are detailed with EPA’s Transporting waste webpage.

Receiving digestate

If you are receiving digestate, you have a duty to ensure that you only accept waste you are lawfully authorised to receive. This is called lawful place. Once you accept digestate, you must meet your GED.  

Receiving digestate for application to land

The determination creates lawful place for low-risk digestate. This means a person receiving it for application to land does not need a permission for this activity.

Receiving digestate for secondary processing

Some duty holders may wish to further process digestate. You don’t need an A01 licence to receive digestate classified under the designation. You still must have an appropriately permissioned site. 

These facility types may include: 

  • A07 organics processing facilities, for incorporating into processed organics streams
  • A13 resource recovery centres, for secondary processing.

The permission for the premises must establish lawful place. The determination does not apply to activities that require a permission, such as further processing.

The permission must include the appropriate waste code to receive that waste type. 
 

Onsite management

Onsite management means you’re managing waste all at the one premises. It is not taken offsite. This includes:
  • generation
  • processing
  • application to land. 

Onsite management does not remove you from your obligations under the waste framework. The risk to the environment is the same whether waste is retained onsite or transported offsite. 

If using digestate onsite, you should still follow the conditions of the designation. This information will help you comply with the waste duties and the GED. It also forms part of your state of knowledge
 

Reviewed 15 February 2024