Waste production responsibility to be extended to whomever subcontracts a job that leads to waste generation

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A broader definition of “waste producer”: omitting to control contracting companies is now legally punishable.

The club of waste producers opens up to new members. From now on, responsibility for the correct management of waste will fall not only on those who materially produce the waste, but also on the natural or legal persons in whose interest the waste producing activity was carried out. In legal terms, “all subjects to whom this activity can be judicially related” will be held responsible. This broader definition of “waste producer” was outlined by the Italian Decree-Law 92 of the 4th July 2015. This decree also broadens the scope of application of the so-called “temporary waste deposit” institution, laid out by the Italian Legislative Decree 152/2006.

The decree 92/2015, which was officially published on the 4th of July and enforced on the same day, specifically modifies the definition of “waste producer” given in the first part of point f), paragraph 1, Article 183 of the Legislative Decree 152/2006.

This means that the category of “waste producers” also includes subjects who subcontract the waste producing activity to other people: this is the case, for example, of subcontracts for construction works. The subcontracting subjects will be held responsible for the irregular behaviour of contractors, if they omit to control them.

The new regulations also modify the concept of temporary waste deposit: this definition now applies to the storage of waste on the whole area touched by the waste generating activity. The decree 92/2015, moreover, confirms the note published by the Ministry for the Environment on the 17th of June: the facilities which have applied for the Integrated Environmental Authorisation (AIA) and are still waiting for it are allowed to continue their operations even after the deadline of the 7th of July. This exception represents a last-minute intervention by the Government aimed at solving the bureaucratic confusion that arose from the inability of the Public Administration to issue AIA certificates on time.