Management of excavation materials

Based on current legislation on the matter, the operator carrying out building interventions can choose to manage non-contaminated excavation materials according to the following scenarios (which can also coexist in the same intervention, on distinct portions of the materials).

All management methods apply exclusively to non-contaminated excavated materials. In any case, the obligations to notify the discovery of potential contamination pursuant to articles remain unchanged. 242 and 245 of Legislative Decree 152/06 for the purposes of starting the reclamation procedure. In such eventualities, whatever the method chosen for the management of excavation materials, building excavations cannot in any way replace or overlap with the necessary reclamation activities.

The proponent must explicitly indicate the management methods chosen when presenting the building permits (SCIA, PdC application, etc.) and in any subsequent variations.

For this management method, no specific authorizations or acknowledgments are required from the Municipality or other bodies, without prejudice to the necessary building permits, and without prejudice to compliance with the regulations regarding waste management, transport and disposal.

 

For this management method, no specific authorizations or acknowledgments are necessary from the Municipality or other bodies, without prejudice to the necessary building permits, with the exception of works subject to EIA/AIA, for which it is necessary to characterize the materials pursuant to Annex 4 (see art. 24 Presidential Decree 120/17).

For this management method, specific obligations are necessary, defined by Presidential Decree 120/17, consisting of the "Use plan" or "Declaration of use" (having the value of a declaration in lieu of an affidavit pursuant to Presidential Decree 28/12/00 n. 445) .

Both the Use Plan and the Declaration refer to the mere applicability of the "by-products" regime to excavated materials and do not in themselves constitute a qualification for the execution of the works. The building works from which the excavation materials originate and the works or production activities where the same materials will be used must in any case already be authorized in accordance with the relevant specific regulations. 

In particular for construction activities, the aforementioned obligations are therefore connected to building permits. By express provision of the aforementioned Presidential Decree 120/17, controls are the responsibility of ARPA and any suspension or cancellation measures of licenses resulting from irregularities are the responsibility of the One-Stop Shop for Construction.

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Updated: 13/03/2024