Institutional portal - Municipality of Milan

In order to guarantee environmental protection and adequate hygienic-sanitary conditions, the following must be subjected to a Preliminary Environmental Investigation (IAP) to verify the state of quality of the soil and subsoil: 

• the areas and properties where industrial activities in general or relating to the storage, trade and use of dangerous substances have historically been carried out (including, for example, unhealthy industries, referred to in art. 216 of the Consolidated Law sanitary and smi, and fuel distributors), to be converted to different uses or to be redeveloped, maintaining the production function; 
  Web gis for verifying unhealthy activities
• areas and properties with productive, industrial or artisanal uses to be converted to residential, public green or similar uses (nurseries, schools, etc.);
• the areas subject to implementation urban plans and negotiated programming tools, the areas subject to an agreed building permit where transfers of areas to the Municipality are envisaged, as well as all the areas subject to indirect transfer, even if the conditions referred to in the previous points;
• areas already subjected to characterization or reclamation procedures, where the new intended destination provides for more stringent quality requirements than those established. 

Checks and forms for unhealthy activities

See Building Regulations - art. 10 “Environmental protection of the soil and subsoil” 

The preliminary environmental investigation is not necessary if the proponent can show a previous act of positive conclusion of a remediation process, or investigation, with objectives compatible with the intended uses.
At the same time, it must also declare that no changes have occurred in the state of the places or uses of the site such as to cause a potential worsening of the conditions of the environmental matrices.

If, although one of the above conditions that would require investigations theoretically exists (see art. 10 Building Regulations), but it is possible to document the non-necessity of investigations by virtue of the absence of any previous activity that may have contaminated the site, the proposer may not carry out the investigation and send a substitute declaration of no need for investigation, with an exhaustive illustrative technical report attached.

When none of the cases implying the need for investigation pursuant to art. 10 RE, the proponent must simply select the "investigation not necessary" option on the building permit presentation form.

It should be noted that the responsibility connected to the submission of substitute declarations are entirely the responsibility of the declarant. Therefore it is extremely important to fill out the declaration not only completely and correctly, but also in the awareness of the fact that false declarations lead to reporting to the Judicial Authority, with possible criminal consequences for the declarant. 
 

Forms 

• Declaration in lieu of affidavit - IAP not required 

Preliminary environmental investigations must:

• be designed and built according to good technical standards;
• be representative of the entire site, therefore those referring to individual subordinates and which do not at least also include the common parts are not considered valid; 
• the number and positioning of the investigation points must be defined on the basis of a representative criterion and on the basis of any danger centers or potentially critical areas (e.g. tanks of dangerous substances and related infrastructures, leaking wells, transformers...); 
• be representative of all the matrices potentially impacted by contamination phenomena and in any case provide for reaching the natural ground under the possible fill layer, if present - in any case the depth to be investigated must be at least equal to 2m; 
• be based on punctual sampling - incremental or mixed samples or samples referring to more than 1m of stratigraphy are therefore not permitted; 
• provide an analytical set defined on the basis of the pollutants whose presence is suspected, also by virtue of previous activities carried out on the site; 
• include the transfer test on any fill material matrices; 
• once carried out, be presented in a clear and complete form, always including: plans in an adequate scale, also on a cadastral basis, showing all the elements of interest (property boundary, condominium boundary, investigation points, danger centers and critical areas , abandoned or active production activities, etc.) - stratigraphies and photographic documentation of the investigations - laboratory analytical certificates; 

The preliminary environmental investigation must always refer to the actual intended use of the property and, in cases of expected change of use, also to the future one.

The information provided is by way of example and not exhaustive.

If, as a result of the investigations, 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 notify all the competent bodies, for the start of the reclamation procedure, using the forms referred to in the DGR of 27 June 2006 , n. 8/2838).

Pursuant to art. 41 DL 69/13 (converted with L. 98/13), the failure of the transfer test on the matrices of infill materials qualifies these materials as "sources of contamination" and necessarily requires intervention with removal, treatment and safety measures.

According to the ministerial circular of November 2001, removal and safety fall within the body of the reclamation discipline, while treatment falls within that of waste recovery.

In the event that the results demonstrate the absence of contamination, whoever carried out the investigation must transmit the results in the form of a declaration in lieu of an affidavit. 

The declaration must be accompanied by an exhaustive report illustrating the results of the IAP carried out, signed by a technician with specific expertise in the matter. 

The declaration must be sent to all the following recipients:
• Municipality of Milan - Municipal office in relation to which the Preliminary Environmental Investigation was carried out, holder of the urban planning/building procedure;
• Municipality of Milan - Reclamation Area;
• Metropolitan City of Milan – Waste and Reclamation and AIA Department;
• ARPA Lombardia – Dept. of Milan, Monza and Brianza - OU BAE (for information).

Forms 
•    Declaration in lieu of affidavit - IAP results