Simplified procedures for reclamation of contaminated sites

Simplified procedures for reclamation of contaminated sites and safety as per art. 13 of Legislative Decree 91 of 24.06.14 are added, with art. 242 bis, as foreseen by art. 242 of Legislative Decree 152 of 3.04.2006 and s., As outlined in the six paragraphs of art. 13.

The operator involved in carrying out, at his own expense, land reclamation operations with a reduction of contamination to a level equal to or lower than the contamination threshold concentration values, may submit to the administration referred to in art. 242 or 252 a specific complete design of the interventions programmed based on the site contamination status data, as well as the chronoprogram for the execution of the works. The operator is responsible for the veracity of the data and information provided, pursuant to and for the purposes of art. 21 of Law no. 241.
For the release of the acts of assenso necessary for the realization and the exercise of the installations and attivita ‘foreseen of the project of bonifica the interested presenta the elaborati technical execution of these installations and attivita’ to the region in whose territory falls most of the installations and of the activities’, which, within the next 30 days, convenes a special conference of services, pursuant to Law 7.08.1990, no. 241, or the relevant regional disciplines. Within 90 days of the convocation, the region shall adopt a conclusive determination that replaces, in all respects, any authorization, concession, nullifying act or deed of approval, however named. Not later than 30 days after the notification of the act of consent, the person concerned shall notify the administration of the proceedings referred to in art. 242 or 252, the date of commencement of the remediation operation to be completed within the next 12 months, subject to a possible extension not exceeding six months; After that period, unless reasoned suspension is made, the ordinary proceedings must be initiated pursuant to art. 242 or 252.
Once the remediation has been completed, the person concerned presents the characterization plan to the authority referred to in art. 242 or 252 in order to verify the achievement of soil soil contamination concentration concentration values ​​for the specific use intended. The plan is approved within the next 45 days. Experimentally, for the proceedings initiated by 31 December 2017, the term of the preceding period has been unnecessarily used, the characterization plan is to be approved. The implementation of this plan is carried out in contradiction with the territorial jurisdiction of ARPA, which validates the relevant data and communicates it to the authority responsible for the reclamation process within 45 days.
Validation of ARPA’s characterization results, attesting soil contamination concentration concentration values, is a certification of land reclamation. The costs of validation characterization are borne by the operator concerned. Where the results of the characterization demonstrating that have not been achieved the concentration of contamination threshold values ​​in the matrix soil, the ARPA notification difformita ‘encountered the operator concerned, which must submit, within 45 days thereafter, the necessary additions to the a remediation project that is instructed in accordance with the ordinary procedures pursuant to art. 242 or 252.
The obligation to take precautionary measures, safekeeping and land reclamation measures, if necessary, is to be taken in accordance with the procedures laid down in art. 242 or 252.
Concentrations of soil contamination thresholds have been obtained, the site may be used in accordance with the intended use according to current urban planning instruments, subject to the assessment of possible health hazards for site users arising from the volatile contaminants present in the site groundwater. ”

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