Legislative definition of waste

Definition and classification of waste

Definition of waste:
You define “rejection” any substance or object which falls within the categories listed in Annex A (the fourth part of Legislative Decree. 152/06) and which the holder discards or intends or is required to discard.

According to this definition, the distinction between what is waste and what is not depends on the existence of two conditions: the substance or object must be within the list in Annex A and that the person has intended, or must discard. The failure of either would be enough to rule out whether it's a refusal. In fact the list of categories addressed here above is very synthetic (in fact there are only 16 categories) and generic (such as the entries “Production or consumption residues not specified below” or “Any substance, material or product that does not fall in the above categories). It follows that anything can be part of the list and therefore belonging to it is no longer a condition to be tested to determine if a substance or an object can be considered a refusal. In other words, the distinction between waste and non-waste, It's all related to the concept of “discard”, who can become a non-unique application in policy “border hypothesis”, that is when dealing with debris and scraps, mostly working, reused as raw materials in other production processes.

The “Non-Waste”

The Legislative Decree. 152/2006 It also contains some provisions for the identification of the conditions under which certain types of materials are not classified as waste. These provisions are essentially from the definitions of:
– Secondary Raw Material (MPS)
– By-product
– Recovery product
as well as the regulation of reuse of excavated earth and rocks.

Secondary Raw Materials (MPS)
Based on art. 181-bis, introduced by “corrective” in April 2008, secondary raw materials (and secondary substances and products) will be defined and identified by a special ministerial decree in accordance with the following criteria, requirements and conditions:

at) are produced by an operation of reuse, waste recovery or recycling;
b) the identification of the origin, the type and characteristics of waste from which it can produce;
c) recycling operations are identified, by recycling or recovery that produce, with particular reference to the ways and conditions of exercise;
d) environmental quality criteria are specified product requirements and other necessary conditions for the placing on the market, such as technical norms and standards required for use, taking into account the possible risk of harm to the environment and health deriving from the use or material transport, of the substance or product;
and) have an effective economic value of trade in the market. (art. 181-bis, paragraph 1)

At the time, on a transitional basis and pending the enactment of the aforementioned ministerial order expected, for the purposes of secondary raw materials will continue to apply:
• the provisions of ministerial decrees 5 February 1998, 12 June 2002, n. 161, and 17 November 2005, n. 269, identifying recovered products respectively from non-hazardous waste, hazardous wastes in General and hazardous waste generated by ships (art. 181-bis, paragraph 3)
• the circular of the Ministry of the environment 28 June 1999, Prot. n. 3402/LIFTS/MIN, in particular in so far as States that are secondary raw materials or waste all materials, the substances and objects…as long as they have the characteristics of secondary raw materials listed in the Ministerial Decree. 5 February 1998 and are directly allocated in an objective and effective use. (art. 181-bis, paragraph 4)
In essence, except as will be determined by a future ministerial decree, not all the substances and waste materials that present the characteristics of the products technical regulations identified recovery on recovery in simplified scheme (D. M. 5 February 1998, 12 June 2002, n. 161 and 17 November 2005, n. 269), not just when derived from waste recovery operations, but also in every other case that still possess such characteristics.

Recovery products
The Legislative Decree. n. 152/2006 States that are “products” and no longer waste the “ex-waste” for which:

• you have completed the recovery operations (art. 181, comma3),
it being understood that:
• waste recovery methods used to obtain subjects, substances and products must guarantee the obtaining of materials with characteristics (that will be) laid down by the Decree of the Ministry of environment and protection of land and sea…in consultation with the Minister of health and the Minister of economic development (art. 181-bis, paragraph 2) And that,
• until the adoption of the Decree, continue to apply the provisions of ministerial decrees 5 February 1998, 12 June 2002, n. 161 and 17 November 2005, n. 269 (art. 181-bis, paragraph 3) and the circular of the Ministry of the environment 28 June 1999, Prot. n. 3402/LIFTS/MIN (art. 181-bis, paragraph 4)
The latter provision is to clarify that, waiting for the planned ministerial decree, they still don't-waste, but recovery products all those identified as such by the technical regulations for recovery in simplified scheme of non-hazardous waste (D. M. 5 February 1998), of hazardous waste (D. M. n. 16/2002) and ship-generated waste (D. M. n. 269/2005). These technical standards, In fact, identify for each type of waste recoverable in the simplified scheme:
• the provenance;
• features;
• the recovery process;
• the outcome of recovery, which are the characteristics of raw materials and/or products obtained.

By-products
L'art. 183, paragraph 1, Lett. p) define by-products:
substances and materials of which the manufacturer does not intend to discard in accordance with article 183, paragraph 1, letter a), they meet all of the following criteria, requirements and conditions:
1) originate from a process that is not directly intended for their production;
2) their use is certain, production stage, integral and directly during the production process or use previously identified and defined;
3) meet environmental quality and commercial requirements designed to ensure that their use does not result in emissions and environmental impacts are qualitatively and quantitatively different from those authorized for the facility where they are intended to be used;
4) should not be subjected to preventive treatments or preliminary transformations to meet product requirements and environmental quality referred to in point 3), but have these requirements since the stage of production;
5) they have an economic value of market.
The new definition of by-product, introduced by the “corrective”, Unlike the original, does not include among the conditions the fact that it is continuously arising from industrial process materials (the byproduct can thus also be obtained intermittently), neither provided that the use is attested “through a statement by the producer or holder, countersigned by the operator of the installation where the actual use”.
In support of the above-mentioned definition of by-product is useful to point out that even the European Court of Justice has repeatedly stated that “in certain situations, an asset, a material or a raw material that comes from a manufacturing or extraction process that is not primarily intended to produce it can be not so much a residue, as a by-product, where the enterprise does not seek to “discard”, but that it intends to exploit or market on terms favorable to it, in a later process, without making preliminary transformations. There is, in that case, no justification for subjecting the provisions of that directive – they are intended to provide for the disposal or recovery of waste – goods, materials or raw materials, from an economic point of view, have product value, regardless of any transformation” (judgment 8 September 2005 C-121/03)

Excavated earth and rocks
The discipline of excavated earth and rocks, introduced by law 21 December 2001, n. 443, and then extensively revised the Decree. n. 152/2006, has been further (and completely) reformulated in the “corrective”, as a result of which the art. 186 now features:

• on the one hand that the excavated earth and rocks, also of tunnels (they are no longer considered “the remnants of stone working” as included in the original text of Legislative Decree. 152/2006), obtained as by-products, can be used for reinterri, fills , rimodellazioni and detected, provided certain conditions are met on schedule listed in subsection 1 the same art. 186;
• on the other (last sentence of paragraph 1) that the use of land by digging in industrial processes as by-products, in replacing Carr, is permitted under the conditions laid down in art. 183, paragraph 1, Lett. p), letter that, determines the conditions by which a material is defined by-product.
Granted that is totally excluded from the scope of part four of the Decree. 152/2006 (It is not a refusal), uncontaminated soil and other naturally occurring material excavated in the course of construction activities, where it is certain that the material will be used for the purposes of buildings in their natural state in the same site that was excavated (entry added to the list of exclusions in law. 2/2009), for the destination of excavated earth and rocks at reinterri, fills, detected, first condition, necessary, but not enough is that
• It is established that they do not come from contaminated sites or undergoing redevelopment (art. 186, paragraph 1, Let. e))
To this end,:
• ascertain that the excavated earth and rocks do not come from these sites is done at the expense of the manufacturer (art. 186, paragraph 6).
The existence of the requirements, including the certainty of using, and the timing of any temporary storage must be indicated:
• project under WAY, If the work for which is made the dig is subject to VIA;
• the request for building permits or in the Declaration of commencement of business (DIA), If the work is not VIA.
Only for public works is considered to be the case that the work not be subject neither to VIA, nor to permit , nor to DIA.
Compared to what was originally intended by legislative. n. 152/2006, now, as a result of “corrective”:
• the allocation of land by digging always goes and fully defined before implementing the excavation and the only authority competent to receive the documentation is responsible to assess and comply the works for the execution of which are carved out of the Earth and rocks;
• no longer provided for the opinion of the harp, at least no longer expected that interested parties must acquire an opinion of the harp;
and also:
• nothing is said to the lands resulting from works not subject to any authorization, except for public works;
• stand still predicting a (future) Ministerial Decree of simplification for small construction sites (6.000 MC), not being stepped in any variation of art. 266, paragraph 7.

Exclusions

Based on art. 185, paragraph 1, Legislative Decree. 152/2006, amended by legislative. 4/2008, do not fall within the scope of part four of the Decree. the same and are therefore expressly excluded from general waste management discipline:

at) atmospheric emissions, i.e gaseous (which are regulated in part five of the same Legislative Decree. 152/2006 “Air protection rules and reduction of atmospheric emissions”);
b) waste waters (whose discipline is contained in part three, Section Two, always of Legislative Decree. 152/2006 “Protection of waters against pollution”), with the exception of waste in liquid form, that, as such shall remain subject to the discipline of waste;at a glance, the distinction between water and drain liquid waste is essentially given by the stability or otherwise of “conducted between the origin of the wastewater with its destination: is a drain liquid (disciplined then by part three, Section 2 of Legislative Decree. 152/2006) the used water piped to its final destiny (river channel, Lake, Sea, sewer) through a fixed work; is a liquid waste water used instead if transferred to the treatment plant via truck.
c) radioactive waste;
d) unused explosives;
and) waste resulting from prospecting, from the extraction, by treatment, and storage of mineral resources and the working of quarries;
f) carrion, fecal materials and other natural substances and mixtures used in agricultural activities;
g) plant materials, the lands and the stones not contaminated from the maintenance of drainage and irrigation channels;
h) uncontaminated soil and other naturally occurring material excavated in the course of construction activities in the natural state in the same that has been dug (as specified by law 28 January 2009, # 2, conversion of Decree Law 29 November 2008, n. 185)
Are also excluded under subparagraph 2 the same art. 185, but only if qualified and eligible as by-products in accordance with art. 183, paragraph 1, Lett. p):
– fecal materials and plants from agricultural activities that are used in farming or in company or intercompany plants to produce energy, heat or biogas;
– the cultivated lands or lithoid material, even in the form of sludge, from cleaning or washing of agricultural products and reused in normal agricultural practices and the management of the funds;
– surpluses arising from preparations of solid foods, cooked or raw, intended, with specific agreements, affection animal shelter facilities covered by the Act 14 August 1991, n. 281.
Some of “waste” excluded from the scope of part four of the Decree. 152/2006 remain subtracted from any other form of discipline; This is the case for waste reused in normal agricultural practices, or lithoid material. Other, instead, are subject to other regulations governing deletion in a specific way, and in some cases much more stringent (atmospheric emissions, water emissions, radioactive waste and explosives).

Other Definitions

In addition to the definition of waste, secondary raw material, by-product, l'art. 183 contains numerous other definitions such as:

• “Producer”: the person (or entity) whose activities produce waste, so-called < >, and also the person (or entity) who made pretreatment operations, mixing or other operations resulting in a change in the nature or composition of the waste (art. 183, Lett. b));
• “Holder”: the waste producer or the natural or legal person who holds them (art. 183, Lett. c));
• “Management”: the collection, transport, recovery and disposal of waste, including control of these operations, as well as the control of landfills after closing (art. 183, Lett. d));
• “Disposal”: the operations provided for in’ Annex B to part 4 of Legislative Decree. 152/2006 (art. 183, Lett. g));
• “Recovery”: the operations listed in Annex C to the fourth part of Legislative Decree. 152/2006 (art. 183, Lett. h));
• “Place of waste generation”: one or more buildings or factories or infrastructure sites linked together within a bounded area in which production activities are carried out from which originate the waste (art. 183, Lett. the));
• “Temporary Storage”: the grouping of waste effected, before harvest, in the place where they are produced (art. 183, Lett. m)) and with respect to specific and detailed conditions (defined in the same letter. m) and in particular in paragraphs 1 and 2).

Waste classification and proper attribution of identification code

Waste is classified (art. 184, paragraph 1, Legislative Decree. n. 152/2006):

• According to origin in:
– municipal waste
– special waste
• According to the hazardous properties in:
– non-hazardous waste
– hazardous waste
The distinction between waste and special waste has effects:
• authorization regimes and habilitation typically;
• registration and annual reporting obligations;
• on locating the person who has the duty to provide for the disposal.
The distinction between hazardous and non-hazardous waste has effects:
• authorization regimes and habilitation typically;
• registration and annual reporting obligations;
• the prohibition of mixing;
• the penalty system.
The various types of waste are then encoded according to the European waste list – so-called CER – in decision 2000/532/EC as amended and supplemented in Annex D to part four of Legislative Decree. n. 152/2006.

Municipal Waste
Are municipal waste (art. 184, paragraph 2 Legislative Decree. 152/2006):

at) household waste, even bulky, from the premises and places used for residential purposes;
b) non-hazardous waste from premises and areas, used for purposes other than those referred to in point a), treated as municipal waste in quantity and quality; assimilation is prepared by the municipality on the basis of criteria laid down in the State;
c) the waste coming from street sweeping;
d) the waste of any kind or origin, lying on the roads and public areas or on the roads and private areas still subject to public use or maritime beaches and Lake and on the banks of the rivers;
and) plant waste from green areas, what grounds, parks and burial grounds;
f) waste from exhumations and estumulazioni, and other wastes from cemetery activities other than those on the letters b), c) and e).

Special Waste
Are special waste (art. 184, paragraph 3 Legislative Decree. 152/2006):

at) waste from agricultural and agro-industrial activities;
b) waste resulting from demolition, construction, as well as hazardous waste resulting from excavation activities, Notwithstanding the fact that the excavated earth and rocks are not waste where certain conditions are fulfilled (in detail established by art. 186);
c) waste from industrial processing;
d) waste from artisan;
and) waste from business activities;
f) waste from active employment;
g) waste recovery and disposal activities, by drinking water and other water treatments, from wastewater and atmospheric emissions;
h) waste arising from care activities;
the) deteriorated and obsolete machinery and equipment;
l) motor vehicles, trailers and the like out of order and their parts;
m) refuse derived fuel (CDR).

Municipal waste for Assimilation
As it turns out, “Urbani” are primarily domestic waste, that is, the waste < >, While they are special especially those from economic activities (agricultural waste, industrial, craft, from trade and services).
Are also municipal waste <> (art. 184, paragraph 2, Lett. b) Legislative Decree. n. 152/2006).
According to invoked art. 198, paragraph 2, Lett. g):

• the municipalities contribute to regulate municipal waste management through appropriate regulations laying down in particular the assimilation, quality and quantity, non-hazardous special waste municipal waste, According to the criteria set out in art. 195, paragraph 2, Lett. and); the latter as amended by corrective in turn provides that
• are also the responsibility of determining the qualitative and quantitative criteria for assimilation, for the purposes of collection and disposal, of hazardous and municipal waste, with the clarification that though:
– are not assimilable to municipal waste waste that are formed in the production areas, including warehouses for raw materials and finished products, unless the waste produced in offices, canteens, the factory stores, in the bars and clubs at the service of workers or otherwise open to the public
– Similarly, are not assimilable to municipal waste that form in retail outlets with surface twice exceeding the limits of art. 4, paragraph 1, Letter d) Legislative Decree. 114 of 1998, that is larger than 450 M2 in municipalities with less than 10.000 inhabitants and in 750 M2 in other municipalities.

The expected state of assimilation policies must be secured with appropriate Ministerial Decree, pending the enactment of which continue to apply the provisions of articles 18, paragraph 2 Letter d) and 57, paragraph 1 Legislative Decree 5 February 1997, n. 22, which in turn involved the enactment of a special Ministerial Decree. (ever enacted) and pending, the application of provisions in force (art. 57).
To date, then, are still the ones referred to in D R. n. 915 of 1982 and its implementing rules the assimilation policy under which municipalities may decide that , for the purposes of collection and disposal (then transfer to the public service obligation and liability for municipal waste management fee under art. 238 Legislative Decree. 152/2006), certain non-domestic waste from agriculture, industrial, craft, commercial and service shall be assimilated to the municipal ones becoming waste for all purposes.

Special waste assimilable to municipal waste
The category of waste similar to urban, urban or assimilation, It should not be confused with that of hazardous waste that, While remaining such, can, by choice of who produced them or otherwise holds them, be conferred, According to special agreement-contract, the Manager of the public service where the same offer that service.
In fact is expressly provided for in the option given to the producer of hazardous waste, in order to fulfil its obligations, the garbage collection as to persons managing urban waste collection service, with the special agreement has been concluded (art. 188, paragraph 2, Lett. c)), Alternatively with the self-recovery or self, to grant access to specialist contractors and authorized and export (as a last resort).
So don't be confused the “municipal waste for assimilation” and special waste, While such, the public service operator may collect (and the producer to confer), clearly on the assumption that they are compatible and similar to municipal waste. For such waste is not due to the payment of “rate” coming the consideration set forth in the Convention agreed between the Service Manager and the user.

Hazardous Waste

Non-domestic waste are normally hazardous waste listed in Annex D to part four of Legislative Decree. 152/2006, that is commonly referred to as CER, are marked with an asterisk (art. 184, paragraph 5 Legislative Decree. 152/2006).
If, however, in that annex on waste is identified as hazardous by means of specific or general reference to dangerous substances and as dangerous as other than dangerous (“mirror entry”), It is classified as hazardous only if these substances reach certain concentrations.
In the introduction to the list of waste is in fact pointed out that:

• wastes marked in the list with an asterisk “*” are hazardous waste pursuant to Directive 91/689/EEC on hazardous waste and apply to them the provisions of that directive (then those hazardous waste contained in part four of the Decree. 152/2006), provided that you don't find article 1, paragraph 5 (that is, provided they are not household waste), but
• If a waste is identified as hazardous by means of specific or general reference to dangerous substances and as dangerous as other than dangerous, It is hazardous only if the concentrations of reach substances, coming to this end pointed out that the features of H3 to H8, H10 and H11 limit values referred to in point 4, While the characteristics H1, H2, H9, H13 and H14 should not be taken into account , because they lack the benchmarks at both community and national level.
Threshold values for the classification of waste identified as hazardous by means of specific or general reference to dangerous substances
– Flash point ≤ 55 ° C
– one or more substances classified as very toxic at a total concentration ≥ 0,1 %
– one or more substances classified as toxic at a total concentration ≥ 3 %
– one or more substances classified as harmful at a total concentration ≥ 25 %
– one or more corrosive substances classified as R35 at a total concentration ≥ 1 %
– one or more corrosive substances classified as R34 at a total concentration ≥ 5 %
– one or more irritant substances classified as R41 at a total concentration ≥ 10 %
– one or more irritant substances classified as R36, R37, R38 at a total concentration ≥ 20 %
– recognized as a carcinogen (categories 1 or 2) at a concentration ≥ 0,1 %
– recognized as a carcinogen (category 3) at a concentration ≥ 1 %
– a substance recognized as toxic to the production cycle (categories 1 or 2) classified as R60 or R61 at a concentration ≥ 0,5 %
– a substance recognized as toxic to the production cycle (categories 3) classified as R62 or R63 at a concentration ≥ 5 %
– one mutagenic substance of category 1 or 2 classified as R46 at a concentration ≥ 0,1 %
– one mutagenic substance of category 3 classified as R40 at a concentration ≥ 1%

Assignment of identification code

All waste must be encoded according to the existing European waste List (CER) also reproduced in Annex D to part four of Legislative Decree. 152/2006.
Since the classification of waste as hazardous or not depends primarily on how they are listed in Annex D, the attribution of this Codex is a prerequisite and condition for classifying. So in summary:

• the waste identified by codes without asterisk are never classified as dangerous;
• If the refusal (non-domestic) in the EWC is marked with an asterisk and is described with reference to dangerous substances, This refusal is dangerous only if the or hazardous substances are present in concentrations that exceed the thresholds laid down; otherwise it is not dangerous and should be assigned a different code not marked with an asterisk;
• If the refusal is marked with an asterisk, but it's not described with reference to dangerous substances, This rejection is always dangerous.

European waste list

The list or the European waste catalogue is divided into twenty chapters, each of which is in turn divided into a variable number of chapters, within which are identified and the individual types of waste. See a full list of EWC codes.

Criteria for applying the code

For the purposes of proper attribution of the code (six-digit code of which the first two identify the “Chapter”, the second two the “subchapter” and the last two the specific refusal within a given “subchapter”of a particular “Chapter”), the point 3 the introduction to the existing list, which part four of the annex D to Legislative Decree. 152/2006, establishes the following criteria:

1) identify the source generating the waste by consulting chapter titles from 01 at 12 and from 17 at 20 to track down the six-digit code that refers to the waste, with the exception of these chapters codes ending with the digits 99;
2) If none of the codes in chapters 01 at 12 or from 17 at 20 you pay for the classification of a waste, It is necessary to consider the chapters 13, 14 and 15 to identify the correct code;
3) If none of these codes is adequate, refusal to be defined by using the codes set out in chapter 16;
4) If a waste is not noticeable even through the codes of chapter 16, You must use the code 99 (wastes not otherwise specified) preceded by the digits of the chapter that corresponds to the activities identified in paragraph 1.
The criteria above do not always however are ideally suited and sufficient to guide a correct code search. It should be noted that the twenty chapters in which consists the list have a somewhat uneven content. While it is true that in general chapters 01 at 12 and from 17 at 20, on which must be first directed research, identifier “sources” waste-generating, for certain chapters 13, 14 and 15, on which, According to the instructions given, only secondly you should research your code, instead identify specific families of waste: oils, solvents, packaging. So don't you see why, se il rifiuto da codificare è inequivocabilmente un olio minerale o sintetico usato, oppure un solvente o un imballaggio, si dovrebbe comunque prima esplorare il contenuto dei capitoli da 01 at 12 and from 17 at 20 (col rischio di attribuire un codice inesatto) invece di prendere direttamente in considerazione il capitolo specifico.