After a long and complex process lasting about a year, with additions, revisions and requests for opinions to the Regions and to the Unified Conference, on 22 August 2017 the Decree of the President of the Republic of 13 June 2017 n. 120 which will finally constitute a unique and indispensable reference for the management of excavated earth and rocks that will be used in the landfills.
The general principle that inspires the entire regulatory body is to make it easier to distinguish cases in which excavated earth and rocks are similar to by-products or to (special) waste, also referring to their origin.
It remains the responsibility of Part IV of Legislative Decree no. 152/2006 and subsequent amendments, the management of land and rocks as waste.
Projects for which, as of 22 August 2017, a procedure is underway under the previous legislation, they remain governed by the relevant provisions. For these projects, however, the faculty to present, within one hundred and eighty days from the date of entry into force of the Presidential Decree, the utilization plan or the declaration of use (for small sites) for the application of the new regulations is made.
It is therefore more useful than ever for companies wishing to carry out excavations which provide for subsequent backfilling, to better evaluate how to plan the operation by making the necessary declarations of use or drawing up plans for use to be presented on time or for the alienation as waste.