GESTIONE DEI RIFIUTI E RESPONSABILITÀ PER DANNO AMBIENTALE

Waste management is one of the aspects of environmental protection which, in recent times, has focused more attention of the italian law maker. The Italian Environment Code (Legislative Decree no. 152/2006) regulates the management of waste in its Part IV, recently amended by Legislative Decree no. 16 January 2008, n. 4 and Leg. Dec. 3, 2010, n. 205. Part IV of the Environmental Code regulates the management of waste by laying down measures to protect the environment and human health, by preventing and reducing the negative impacts on the future generation, reducing overall impacts of exploitation of resources (art. 177, paragraph 1). The Environmental Code identifies precisely operators involved in waste management, providing for each punctual and analytical definition (art. 183, paragraph 1) and giving each figure a precise system of liability. The most recent case law applies broadly the liability system in waste management, holding responsible also transporters and brokers, operators that under the Code must be considered exempt from any liability. Such a conclusion is reached stating that all operators involved in waste management are in a sort of “warranty position” regarding the proper disposal of the waste. The extension of the aformentioned warranty position is based on the need to ensure a high level of protection to the environment, deemed a fundamental principle of Community environmental policy (cfr. Art. 174, para. 2 of the Treaty).