When is that one can speak of temporary storage? In my work environment I counsel are requested many environmental
legal opinions, especially in the remediation of contaminated sites, renewable energy sources and management waste.
In this last respect, one of the most popular arguments is that on the temporary storage of waste , whose underlying purpose is to facilitate small business - characterized by a modest production of waste - rather than them having to resort to costly disposal situations and disproportionate to the productive system.
Because of the unclear wording of legislation, the concept of temporary storage not defined by EU directives, has, in addition to legislative changes, including a broad discussion of doctrine and jurisprudence.
Today I want to summarize the differences that exist between the temporary storage
- an operation before the
waste management - and other types of storage - proper waste management operations - often because of the confusion that reigns in this area is likely to create embarrassment even in the best-intentioned ...
Subject fact that, as I always like to emphasize to my clients is the case determines that the only correct answer and consistent legal environment by the consultant (the interpretation of rules valid for the particular case), we can say that, in regarding waste management, where the deposit of the lack of requirements established by law to be qualified as temporary, is accomplished under the circumstances:
a) an abandonment or a uncontrolled storage sanctioned, as appropriate, by the Articles. 50 and 51, second paragraph of the aforementioned Legislative Decree no. 22 (now replaced by Articles. 255 and 256, second paragraph, Legislative Decree 152 of 2006);
b) a preliminary storage , in need of a required permit in that it constitutes a form of waste management;
c ) put in a reserve pending the recovery, which is also subject to authorization as a form of waste management.
On the issue of waste disposal you have temporary storage, such as legal, when the waste is grouped temporarily and conditions provided by law, the place of production.
It has, however, preliminary storage or storage , requiring authorization or notification in the simplified procedure, when they are not complied with the requirements of Article 6 letter m) of Legislative Decree No. 22 of 1997 (now Article 183 m letter to Legislative Decree No. 152 of 2006) for temporary storage of waste.
It has, finally, storage uncontrolled or abandoned waste , when the grouping of them is done in a place other than where the waste is produced and outside the sphere of control of the manufacturer.
Punishment for the various hypotheses is identical, except for dropping by private individuals.
The burden of proof as to the existence of the conditions set by law for the legality of the interim storage burden on the producer of the waste in view of the exceptional and temporary storage exception than the general legislation.
Legal nature of Andrea Quaranta: Study of Environmental Legal
.
Andrea Quaranta Contact by email or phone to request your opinion
of environmental law.
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