The new Regulation 120/17 on “simplified land and rock routing”, which entered into force on 13 June 2017, repeals DM no. 161/2012 and art. 184-bis, paragraph 2bis of the TUA, as well as Art. 41, c.2 and 41-bis of DL n. 69/2013.
The new simplified land and rolling rocks DPR 120/17 also updates the ISPRA Discipline on excavation lands and rocks with the purpose of reorganizing and simplifying sectoral regulations, as referred to in Article 1, with particular reference to:
“(A) the management of quarried land and rocks as by-products, pursuant to Article 184-bis of Legislative Decree no. 152, coming from small, large and large shipyards not subject to VIA or AIA, including those intended for the construction or maintenance of networks and infrastructures;
(b) the discipline of the temporary storage of waste land and rocks classified as waste;
c) use in the site of production of land and rocks not covered by the waste regulations;
(d) the management of land and rocks in excavated sites. ”
This simplified system of land and rocks can be used for the “producer”, which according to the definition “r” of Article 2 is “… the subject whose material activity produces the lands and rocks and which predisposes and transmits the declaration referred to in Article 21, to submit a “proposal” to re-qualify its refusal and become a by-product. ”
With respect to the exclusions, the new rule with Article 3 indicates the following cases:
This Regulation does not apply to the hypotheses governed by art. 109 of Legislative Decree 152 of 3.04.2006.
Excludes from the scope of this Regulation waste deriving directly from the execution of demolition of buildings or other pre-existing artifacts, the management of which is governed by Part IV of Legislative Decree 152 of 3.04.2006 .
In the particular case of sites subject to reclamation procedures, Title V of the same Regulation allows the in situ use of the excavated material as defined in Article 26: “The use of the land and rocks produced by the excavation activities referred to in Article 25 within a site subject to reclamation is always permitted provided that compliance with concentration threshold concentrations is guaranteed for the specific use or natural background values. ”
With regard to the characterization of the generated material, Annex 1 to the new legislation stipulates the requirements for the environmental characterization of excavation lands and rocks (Article 8). Environmental characterization is carried out to ascertain the existence of the environmental quality requirements of excavation lands and rocks and is included in the design of the work.
Environmental characterization is carried out by the proposer, at his own expense, at the design stage and, in any case, before the excavation begins, in accordance with Annexes 2 and 4.
The new simplified land and rocks discipline also indicates some technical aspects of land sampling and excavation sampling, for example, that the number of survey points can not be less than three, and according to size of the intervention area, increased according to the following minimum criteria:
Area <2,500 sqm: 3 pick-up points;
Area between 2,500 and 10,000 square meters: 3 + 1 every 2,500 square meters;
Area> 10,000 sqm: 7 + 1 per 5.000 sqm