Institutional portal - Municipality of Milan

If, as a result of environmental investigations or in any other eventuality, the presence of potential contamination is found (exceeding the tabular limits referred to in Annex 5 Title V part IV Legislative Decree 152/06, "CSC"), the responsible party or the non-responsible interested party (pursuant to articles 242 and 245 of Legislative Decree 152/06 respectively) is required to promptly adopt the necessary prevention measures and promptly communicate them to all the competent bodies, using the forms set out to the DGR 27 June 2006, n. 8/2838 (downloadable from the Lombardy Region website, accessible from external links).

The preliminary investigation procedure takes place according to the ordinary procedure (ex art. 242 Legislative Decree 152/06) or according to the simplified procedures (ex articles 242bis and 249, ibid.), where the conditions exist. For fuel sales points, the specific procedures referred to in Ministerial Decree 31/2015 apply.

For the ordinary procedure, pursuant to art. 242 paragraph 3 of the Legislative Decree. 152/06 the authorization of the Characterization Plan "constitutes consent for all works connected to characterization, replacing any other authorization, concession (...)".

The final authorization of the administrative procedure, relating to the Operational Reclamation Project, pursuant to paragraph 7 "replaces for all purposes the authorisations, concessions, concerts, agreements, clearances, opinions and consents provided for by the legislation in force including, in particular, those relating to the environmental impact assessment, where necessary, to the management of excavated earth and rocks within the area covered by the intervention and to the discharge of water drawn from the aquifers". It is therefore necessary for the proposer to clearly explain the specific authorizations requested in his proposal.

In consideration of the above, in the event that the reclamation project involves the discharge of water drawn from the aquifer into public sewers or surface water bodies, considering that the recent amendments to the art. 243 of Legislative Decree. 152/06 classify said waters as industrial waste water, it is necessary to submit a specific request for discharge to the ATO or the Metropolitan City of Milan as promptly as possible, making it clear that they refer to a reclamation/safety intervention.

Once the relevant determinations have been acquired, the discharge will be authorized by the Reclamation Sector pursuant to the aforementioned paragraph 7. The discharge cannot be authorized by the ATO or Metropolitan City in any other way.

Forms

• R.L. notification forms

The financial guarantees, if requested to support the execution of the reclamation interventions (pursuant to article 242, paragraph 7 of the TUA), must comply with the scheme available below.

The guarantees, for one or more lots, must be given for the entire intervention and can only be released upon achievement of the remediation objectives on all matrices of all lots.

Forms

• Financial guarantee scheme - Updated January 2023

It should be noted that the Emergency Safety Measures (MISE) already active must necessarily be transformed as soon as possible into Remediation interventions or Operational Safety Measures (MISO) in order to be authorised, with the related discharges. 

The current provisions of art. 243 of Legislative Decree 152/06, requires as a priority direct intervention on the primary and secondary sources of groundwater contamination, admitting physical barriers only if "it is not possible to otherwise achieve the objectives".