We are all in favor of environmental protection, of course.
But we must still find a balance with the needs of the industry, which in addition to their own personal gain, they do, albeit indirectly, the interests of citizens, providing them with services that will inevitably also have an impact on the environment.
On the subject of reclamation , for example, a theme dear to the TAR of Florence (in this area there are specific skills: If it comes particularly in Naples and Puglia waste of energy, in Tuscany the most popular topic is related to the remediation of contaminated sites) is what concerns the choice between the physical barrier and the hydraulic operations, which specifically remediation of contaminated sites.
In an old post, posted on the blog Environmental Legal nature in April last year (" physical barrier or hydraulic? This is the problem "), shows that the Administration, in changing idea (he had given the go ahead for the hydraulic barrier, efficient but cheaper than the physical one) was to evaluate and demonstrate the following: •
not only effective inefficacia di misure meno invasive della barriera fisica (in particolare la barriera idraulica ),
• ma anche l’effettiva necessità, efficacia e realizzabilità del sistema di confinamento fisico.
Pertanto, il confinamento fisico, o al limite anche un utilizzo combinato delle differenti tipologie di intervento, avrebbe potuto essere imposto solo dopo un’analisi comparativa tra le diverse alternative in gioco.
Chiaro? È legittimo cambiare idea, ma occorre dare delle motivazioni. E sarebbe meglio, in ogni caso, ponderare le decisioni, per non doverci sempre tornare sopra.
È anche una questione di celerità administrative procedures for cleaning and changing this attitude is one of the contributing factors to proceed at a slow pace of improvements in our country ...
With sentence no 1540 of 2010 TAR Toscana (you can deepen the story on the story by downloading the text of the sentence registering for free on the site of a legal nature), the court was forced to reiterate, patiently, the concept: If there are elements that weighs in favor of a substantial membership of the competent administrations in favor of the model of the hydraulic barrier, the change of opinion by the same government, with option to another type of intervention (physical barrier), can only be based on a fair and thorough investigation of proper motivation and outcome, taking into account all relevant circumstances of the case.
Simple compliance with procedural requirements, specific regulations in the field of environmental guidelines, general principles of cost-effectiveness and transparency of administrative action, as well as common sense,
In short: in cases such as this one, the PA is to verify and to account for actual ineffectiveness of measures less intrusive physical barrier (in particular, the hydraulic barrier) and the actual necessity, effectiveness and feasibility of the system of physical containment .
The choice for the physical barrier, or for combined use of different types of intervention can only be the outcome of a comparative analysis between the different alternatives at stake, according to the specific characteristics of the area, in terms effectiveness in achieving the ultimate goals, concentration, execution time (and their compatibility with the urgent call to arrange), the impact on the surrounding action.
This analysis implies that the comparative assessment of the advantages and disadvantages of various options in the field, and not just those who, for various reasons out of context, "are comfortable".
Ultimately, if you need only physical barrier tout court, in a country sick of fruitless opposition political and administrative (physical barriers in a broad sense ...), is against changing and wavering gait of those who, instead of representing us and look after our interests, hiding behind. ... physical barriers.
A wall that was on top of sharp shards of bottle ...
But everything would be much easier if the policy, to use a very broad term, was short, Knock down unnecessary physical barriers of any kind which prevent our country to take flight towards a more sustainable world, lighter and less corporate.
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Photo: "sharp shards of bottle" originally uploaded by PPG3
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