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Order No. 9313 of 2024: Interpretation of the 30 kg limit in waste transport. | Bianucci Law Firm

Order No. 9313 of 2024: Interpretation of the 30 kg limit in waste transport

The issue of waste management is of fundamental importance, not only for environmental implications but also for the legal consequences that arise. The recent Order No. 9313 of April 8, 2024, issued by the Court of Cassation, addresses a crucial aspect of waste regulations, particularly concerning Article 15, paragraph 4, of Legislative Decree No. 22 of 1997. This ruling clarifies how the 30-kilogram limit for exemption from the obligation to complete transport forms should be interpreted.

Content of the Order

The Court of Cassation, with its decision, has established that the exemption from the obligation to complete forms applies only if the waste transport, carried out on a single day, does not exceed the 30 kg limit. However, what is particularly interesting is the Court's interpretation: this limit does not refer to each individual transport, but to the sum of transports carried out throughout the day.

Waste regulations - Art. 15, paragraph 4, Legislative Decree No. 22 of 1997 - Exemption from the obligation to complete forms - 30-kilogram limit - Interpretation - Application to the overall transports of the day. Regarding waste regulations, Article 15, paragraph 4, of Legislative Decree No. 22 of 1997, which states that exemption from the obligation to complete forms with the indications prescribed by paragraph 1 is permitted only in cases of daily transport not exceeding 30 Kg of waste, must be interpreted to mean that this limit does not refer to the individual transport or the individual form, but to the transports carried out cumulatively during the day.

Practical Implications of the Ruling

This decision has significant implications for companies and professionals operating in the waste management sector. Aspects to consider include:

  • Legal Liability: Companies must pay attention to the total amount of waste transported in a day to avoid penalties.
  • Documentation: It is essential to maintain accurate records of transported waste to demonstrate compliance with regulations.
  • Staff Training: It is crucial to train personnel on current regulations and the procedures to follow for waste transport.

Conclusions

In conclusion, Order No. 9313 of 2024 represents a significant step in understanding waste regulations in Italy. The clarification of the application of the 30 kg limit to the overall transports of the day offers greater legal certainty for businesses and contributes to promoting more responsible waste management. Companies must adapt their operational procedures in accordance with this interpretation to ensure compliance with regulations and prevent potential penalties.

Bianucci Law Firm