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ACT N. DD 7259 OF 09/09/2022
MANAGEMENT DETERMINATION
Water Resources and Environmental Hygiene Area
IN CONCERT WITH:
General Urban Planning Area

OBJECT MEASURE TO VERIFY SUBJECTABILITY TO THE STRATEGIC ENVIRONMENTAL ASSESSMENT OF THE PROPOSED VARIANT TO THE PLAN OF THE RULES OF THE CURRENT TERRITORIAL GOVERNMENT PLAN (PGT) HAVING AS OBJECT THE IMPLEMENTATION OF THE "VARIANT TO UPDATE THE DELIMITATION OF THE RIVER BANDS OF THE EXTRACTIONAL PLAN FOR THE HYDROGEOLOGICAL SYSTEM (PAI) OF THE PO” RIVER BASIN OF THE SEVESO TORRENT WITH THE SUBSEQUENT UPDATE OF THE HAZARD AND RISK MAPS OF FLOODABLE AREAS OF THE PGRA, THE AMENDMENT OF THE ART. 45, PARAGRAPH 3, OF THE RULES FOR IMPLEMENTATION OF THE PLAN OF RULES AND THE REDUCTION OF THE BANDS OF RESPECT FOR THE WATER COURSES OF THE MINOR WATERNETWORK WITHIN THE MIND-POST-EXPO AREA, PURSUANT TO DIRECTIVE 2001/42/EC AND OF THE LEGISLATIVE DECREE. N. 152 OF 3 APRIL 2006 AND SMI MEASURE NOT TO BE SUBJECT TO STRATEGIC ENVIRONMENTAL ASSESSMENT

THE DIRECTOR (Water Resources and Environmental Hygiene Area)

Given and recalled that:

• with resolution no. 427 of 01.04.2022, the Municipal Council approved the guidelines for starting the procedure, pursuant to art. 13 of LR 11 March 2005 n. 12 and smi, of formation, of the proposed variation to the Plan of Rules of the current Territorial Government Plan (PGT) and start of the related procedure for verifying eligibility for the strategic environmental assessment (SEA);
• with documents Prot. 08/04/2022.0204187.I the Director of the General Urban Planning Area has decided to start the procedure for the variation to the Rules Plan of the current Territorial Government Plan (PGT) and start of the related verification procedure of subject to strategic environmental assessment (SEA);
• with managerial determination n. 4086/2022 dated 23 May 2022, the competent subjects in environmental matters, the territorially interested bodies, the functionally interested subjects and the individual sectors of the public interested were identified;
• on 23/06/2022, in order to allow the presentation of observations, opinions and contributions and for the purposes of the Verification Conference, they were made available - through publication on the regional website (SIVAS) and on the municipal website, as well as by depositing for free viewing, from 3/06/2022 to 22/07/2022, at the municipal offices Municipal offices the Preliminary Report drawn up for the purposes of the verification of eligibility for SEA and the related attachments;
• a notice of the aforementioned deposit and a call to the Verification Conference, which took place in the sessions of 7/07/2022 and 22/07/2022, was also sent to the interested parties via certified email.
• the Municipal Administration received a total of n. 6 (six) contributions sent by subjects competent in environmental matters and functionally interested; all the contributions, deposited in documents at the municipal offices, were analyzed and divided based on the relevance of the contents to the procedure for verifying eligibility for Strategic Environmental Assessment and attached, in full, to this Provision (Annex 3);
• subsequently, the contributions were analyzed in relation to their relevance to significant aspects for the procedure for verifying eligibility for SEA; the contributions presenting observations relevant to the verification procedure were divided into individual observations based on the topic covered, which were analyzed and promptly counter-deduced for the purposes of the verification measure; the list of contributions and observations, as well as the outcome of the analyzes and counter-deductions referred to in the previous points are reported in Annex 1 called "Annex 1 Investigation Report VariantPGT"), as an integral and substantial part of this Decree;

Whereas:

the Competent Authority for the SEA expresses this Determination based on the results of the technical-investigative activities carried out in collaboration with the Proceeding Authority, concerning the examination of the Preliminary Report and the related annexes, opinions, contributions and observations received during the consultation phase;

Having evaluated all the information emerging from the documentation produced, as well as the results of the Verification Conference;

For all of the above,

DETERMINE

To express, pursuant to art. 14 and following of Law 241/90 and subsequent amendments and Annex 1 to DGR n. IX/761 of 10 November 2010, in accordance with art. 14 of Legislative Decree 152/2006 and subsequent amendments, opinion of NOT SUBJECT to the Strategic Environmental Assessment procedure of the Variation to the Plan of Rules of the current Territorial Government Plan (PGT) in question.

List of documentation made available:

• Managerial Resolution no. 7259 – Decree of exclusion from the SEA procedure
• Annex 1 – Investigation Report