How do you define excavated earths and rocks (TRS)? In the current regulatory framework, the possible management paths of the TRS can be summarized as follows:

i) TRS are excluded from the scope of application of waste pursuant to art. 185 of the TUA;

ii) TRS are referable to “by-product” pursuant to art. 184-bis of Legislative Decree 152/06. The criteria for qualifying TRS as by-products are contained in art. 4 of Presidential Decree 13 June 2017, n. 120; the environmental quality requirements and the management methods of TRS are a function of the type of construction site in which they are produced. The standard identifies construction sites: a) large (> 6.000 m3); b) small (<6000 m3); c) large construction sites not subject to environmental impact assessment procedures or integrated environmental authorization. The D.P.R. 120/2017, which came into force on 22 August 2017, has the main objective of facilitating and increasing recourse to the management of excavated lands and rocks such as SUB-PRODUCTS, simplifying procedures and reducing document costs, also going to set certain times for the beginning. of material management activities, as well as ensuring that activities are carried out in environmental and health security. In fact, the control and supervision system by the competent authorities has also been strengthened;

iii) TRS in the sites subject to reclamation, governed by articles 25 and 26 of Presidential Decree 13 June 2017, n. 120. Other references involving TRS at the reclamation sites are contained in paragraphs 7, 8, 9, 10 of the art. 34 of the Dl. 12.09.2014 n. 133, converted with amendments by Law 11/11/2014, n. 164. Paragraphs 9 and 10 refer directly to the subject of the fund (not specifying whether natural or man-made), iv) TRS coming from disused mining areas within SIN (Sites of National Interest) as required by c. 3 bis, art. 41 of legislative decree no.69 / 2013 (converted with law 09.08.2013, n. 98); v) TRS qualified as waste, to be sent for recovery or disposal operations. In this case the legal nature of the materials does not require a comparison with the VF.

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