ESPOSTO
Chelle Mario-in as mayor
-LAVARELLA Andrea, quality Mayor of
-ZONFRILLO Maria Vittoria, in the quality of assessor
Stagnaro-Felix Dante, in the quality of assessor
latir-Francis, the quality of assessor
-DI LORENZO Louis, in the quality of assessor
-FONTANELLA Paola Executive control area to the Province of Genoa
-GIAMPAOLO Contact Paul Genoa Province, Office Technical Secretariat ATO
Roberto BENEDETTI-President and Chief Executive Muvita
-Pres Alberto CORRADI Special Waste Commission of the Province of Genoa.
the first six as mayors and councilors of the Municipality of Sestri Levante , the other members of bodies to monitor and control higher-level, responsible for all matters, held responsible for loss of revenue caused to that municipality and other higher-level institutions, the failure to achieve, in relation to the years 2003-2010, the percentage of collection prescribed by the regulations applicable ratione temporis; also held responsible for damage to reputation of the town to restore the image of tourism, trade, environmental and social communities, affected local and resonance oltrecomunale detectable by the appearance of elements of evaluation index / tabular / comparative reported by various press agencies, as well as all institutional sites of free access.
should first see how the town of Sestri Levante indicates that the organization of the collection is headed by the Mountain Community of Val Petronio and how this organization provides for the use of the CD. Ecocentro which was the subject of complaint in Genoa, 19 August 2010 by the undersigned association, ORAS, NICAF to the ranger station and other institutional parties and as delegates to review the complaint was followed by administrative measures and penalties to the validity of the data shown, the light of the above mentioned, the common position of the object appears dell'esposto recipient of special attention.
of complaints to the NICAF TEXT AND OTHER
The writer's association, I get feedback from some residents of the valley below the plant in question, proceeded to the verification of following records:
1) ecocentrism in question was previously managed by Manutencoop.
2) The society gave way to the group Aimeri / Biancamano / Pizzimbone activities developed in the whole Tigullio.
3) Since the advent of this new property the residents near the plant and surrounding area noted severe problems.
4) Traffic overtime, vehicles coming from other locations, accidents on the route due to poor quality of vehicles, loss of leachates continue on the path with a clear danger of adherence to the car parking area in the processing plant and the discharge of leachate from media and / or roll-off bins, clearly related to the pollution discharge adjacent to the river and then Petronius to the village of Sestri Levante, etc..
5) The on-site visit, on Sunday, made it possible to verify the allegation and take pictures here in the Annex.
6) on Monday was made contact with some employees who report more serious problems with working conditions on an extremely unhealthy and polluted, perpetually muddy by percolation; conditions to stabilize the non-existent contracts, complaints at the direction ended with "irony and hilarity" and the call to denounce the trade unions, followed by the courts. \u0026lt;>
7) The employees also pointed out that non-existent vehicle maintenance and lack of certification audit on some.
8) the same signals as well, waiting to be then delivered to Shoemaker (GE), there were vehicles parked cargo from unknown locations.
Both nationals referred to initial contact, the employees showed their fear of retaliation by the company Pizzimbone that just relate to it is "well placed" at the bodies to monitor and control.
For the foregoing reasons, we have to request action for a declaration and verification of the reported Association and the writer analyzed and documented.
Thanks
Specifically examination of the collection of the town of Sestri Levante emerge:
- "a collection rate of highly differentiated low for the territorial specificities which have an "ecological footprint" (see next paragraph) particularly harmful to the system environment "
-" the damage caused by the failure to achieve the differential rates of Law "
-”l'inesistenza di un qualsivoglia progetto di avvicinamento ai valori stabiliti dalle norme, dimostrato dall'inefficienza del meccanismo di raccolta differenziata che dipenderebbe dalle carenze strategiche, pianificatorie, programmatiche e progettuali emergenti dal modello di raccolta e riciclo dei rifiuti implementato dal Comune di Sestri Levante in persona dei vertici politico-amministrativi.”
-“i mancati introiti a titolo di corrispettivo per la vendita di materiale raccolto in maniera differenziata (lucro cessante), comparando il reddito minimo potenzialmente realizzabile in base alla legge, con gli introiti effettivamente incamerati per il conferimento presso the industry consortia (through the consortium for the basin) of the material collected separately, compared product fractions to be collected "
-" the biggest expense for provision for collection facilities of the final material undifferentiated "
- "the highest per capita burden resulting from the action subject of this Complaint"
- "the defacing of the landscape derived from illegal dumps in wooded areas with leakage and uncontrolled"
- "the disfigurement of the urban landscape derived from the diffuse scattering near and sites for the collection of undifferentiated RU "
-" the clear and significant presence in the Municipality of years producing high amounts of moisture (restaurants and the like) that weighs more than 35% on the total municipal ever directed to the central composting "
The ecological footprint
One of the most troubling aspects of our way of life today is illustrated by the concept of ecological footprint, an index expressed in hectares of land, prepared by William Rees and Mathis Wackernagel, which attempts to quantify the impact on the biosphere of a community (city, nation, until the whole of humanity), expressed in terms of land area per capita of biologically productive area required to supply all the energy, water and raw materials consumed and to absorb all the waste produced by human activities, both as wastes, such as carbon dioxide resulting from fossil fuel use.
is an index that evolves over time depending on the consumption styles of different societies and nations and hence a major responsibility of the government following the guidelines based on which the activities of institutions.
The latest figures available are those relating to the year 2003, published in the "Living Planet Report 2006", published by WWF International, Institute of Zoology in London and Global Footprint Network.
The Ecological Footprint is compared with Biocapacity Earth, always measured in acres, which indicates the actual availability of productive terrestrial ecosystems (agricultural land, pastures, forests, fishing areas) needed to meet human needs.
The consumption of fresh water is not included in the calculation of the Ecological Footprint as demand and use of this resource can not be expressed in terms of global hectares of impact.
In fact, you can also bind to other content items of energy: that which was used for the extraction of raw materials, transport, processing, etc..
This is a higher amount of energy to heat.
So the concept of rational use of energy can also be extended to the system of waste management, by evaluating the energy savings resulting from the waste management model chosen by the Administration.
It is clear the order of magnitude energy savings associated with the non-production of waste (100%) and the re-use (~ 85%), from which there is the natural choice that administration should impose and enforce in order to devote ample space to the Prevention and Reduction of Solid Waste, according to the guidelines outlined in the next paragraph, in accordance with the regulations mentioned in following directions.
The requirements of local
From the website of the province address:
http://www.provincia.genova.it/portal/template/viewTemplate?templateId=tixdmg8zr2_layout_14t3vw8ztc. psml
From the same site, the page
http://www.provincia.genova.it/portal/template/viewTemplate?templateId=uj4iyx9b41_layout_c5aok89b69.psml indicates:
The province participates in the procedures defined by DGR 1487 December 7, 2007 in the process of collection and assessment of results achieved in the annual collection of the province.
also apparent that the Province of Genoa has established and manages, through its subsidiary company Muvita Ltd, the Centre Provincial Waste.
again from the same site, the table is released indicates that the data related to data collection achieved during 2007:
Sestri Levante, pop. 18,687, 25.38% rate differential
The reference to general legal
The Directive 2008/98/EC of the European Parliament published in the Official Gazette European Union reiterates its Article of 11/22/2008. 4 "The waste hierarchy" and defines that "hierarchy is applied as a priority order of law and policy prevenzione e gestione dei rifiuti:
la Direttiva prevede che la commissione europea presenti al parlamento europeo delle relazioni corredate da misure a sostegno della prevenzione ed in particolare:
a) “entro la fine del 2011, una relazione intermedia sull’evoluzione della produzione rifiuti e l’ambito di applicazione della prevenzione dei rifiuti che comprenda la definizione di una politica per una progettazione ecologica dei prodotti che riduca al contempo la produzione di rifiuti e la presenza di sostanze nocive in essi (…).
b) entro la fine del 2011, la formulazione di un piano d’azione per ulteriori support measures at European level seeking in particular to change current patterns of consumption;
c) by the end of 2014, the setting of targets for waste prevention and decoupling for 2020, based on best available practices (...) "
Article 29 is entitled" Prevention programs of waste and requires Member States to adopt waste prevention programs by 12 December 2013 and that these plans clearly identify prevention of waste. These plans should set targets and to this fact, the Directive provides a framework that can be attached as an example. The directive is clear that "The purpose of these objectives and measures is to decouple economic growth from environmental impacts associated with the generation of waste."
Article 29 paragraph 5, the Directive stipulates that "The committee creates a system for exchanging information on best practice in waste prevention and develop guidelines to assist Member States in preparing programs. "
The previous directives.
In previous guidelines the guidelines were similar, but the definition of "prevention" was not very accurate, except for As regards packaging (under the European Directive 1994/62 first implemented by Legislative Decree No. 22/97 and then by Legislative Decree No. 152/061).
In previous directives were defined priorities and objectives of European environmental policy until 2050 describing in detail the measures to be taken to contribute towards building a European strategy for sustainable development.
The role of the European Union is thus to contribute to the prevention of waste and promote recycling by informing consumers, by supporting research and technological development of new materials to promote environmental protection and the means to provide products using fewer resources.
detected then:
-that Community law (following the Treaty of Lisbon, or European Union law) requires Member States to take all necessary measures "to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment "and" to prohibit the abandonment, dumping or uncontrolled disposal of waste "(Article 4 of Council Directive March 18, 1991, No. 91/156);
-service waste management involves "The collection, transport, recovery and disposal of waste, including the supervision of such operations" (Article 1 dir. 91/156/EEC, cited above);
-that "Member States shall establish or designate the authority or authorities competent to implement the provisions of this Directive "(Article 6 Dir. 91/156/EEC, cited above);
-that the" competent authorities referred to in Article . 6 must develop [...] one or more waste management plans, covering [...] type, quantity and origin of waste to be recovered or disposed of "(art. 7, dir. 91/156/EEC cited);
-Annex II to Directive 91/156/EEC, cited above, indicates that the recovery operations, in accordance with Art. 4, must be conducted "without endangering human health and without using processes or methods which could harm the environment";
Also:
-the deadline for transposing Directive 91 / 156/EEC, cited above, expired April 10, 1993 (Article 2, 91/156/EEC, cited above);
-the art. 24 of Legislative Decree no. February 5, 1997, No 22 (called "Ronchi Decree"), imposed to the municipalities (local Holders of powers of collection under the preceding Article. 21, paragraph 2, lett. c) and 23, paragraph 3 of the said Ordinance) to achieve minimum percentage of recycling in fixed percentages gradually increasing to that of 35% from 2003 (the aforementioned Article. 24 states that "In every territorial optimal must be ensured a separate collection of waste equivalent to the following minimum percentages of waste: 15% within two years from the date of entry into force of this Decree and 25% within four years from the date of entry into force of this decree; 35% from the sixth year following the date of entry into force of this decree ");
-che l’art. 205 del d.lgs. 3 aprile 2006, n. 152, ha determinato un incremento delle quote percentuali da realizzarsi negli anni successivi (il primo comma prevede che “In ogni ambito territoriale ottimale deve essere assicurata una raccolta differenziata dei rifiuti urbani pari alle seguenti percentuali minime di rifiuti prodotti:
-almeno il trentacinque per cento entro il 31 dicembre 2006;
-almeno il quarantacinque per cento entro il 31 dicembre 2008;
-almeno il sessantacinque per cento entro il 31 dicembre 2012”), percentuali ulteriormente rivisitate dall’art. 1, paragraph 1108, of 27 December 2009, n. 296 ("In order to achieve significant cost savings and a more efficient utilization of financial resources for the management of municipal solid waste, the region, after formal notice, it can provide through an acta commissioner to ensure government-wide waste management water distribution in relation to those areas within which local optimum is not ensured a separate collection of waste equivalent to the following minimum percentages:
-at least 40 percent by December 31, 2007;
- at least 50 percent by December 31, 2009;
-almeno il 60 per cento entro il 31 dicembre 2011;
- che alle predette disposizioni va riconosciuta un’efficacia precettiva vincolante atteso che:
esse assicurano il principio di prevenzione, precauzione ed azione preventiva, ampiamente riconosciuto in materia ambientale dalla Corte di giustizia pronunciatasi sulla disciplina comunitaria dei rifiuti (inter plures C. giust., 11 novembre 2004, C-457/02, Niselli, secondo la quale “la finalità della direttiva 75/442 […] è la tutela della salute umana e dell’ambiente contro gli effetti nocivi della raccolta, del trasporto, del trattamento, dell’ammasso e del deposito dei rifiuti” da attuarsi “anche alla luce dell’art. 174, n. 2, CE, secondo il quale la politica della Comunità in materia ambientale mira a un elevato livello di tutela ed è fondata in particolare sui principi della precauzione e dell’azione preventiva (v., in particolare, sentenza 18 aprile 2002, causa C-9/00, Palin Granit e Vehmassalon kansanterveystyön kuntayhtymän hallitus, Racc. pag. I-3533; in prosieguo: la «sentenza Palin Granit», punti 22 e 23)”; sui principi di precauzione e prevenzione in materia ambientale, più di recente, C. giust., 9 marzo 2010, C-379/08 e 380/08, Raffinerie mediterranee); is implementing several directives relating to waste which required Member States to take all appropriate measures to implement effective waste management aimed primarily at protecting human health and the environment, encouraging waste recovery and utilization of recovered materials as raw materials to conserve natural resources and ensuring a responsible disposal and recovery of waste (Dir. 75/442/EEC, as amended and supplemented by dir. 91/156/EEC, dir. 91 / 692/CEE, dir. 96/350/EC, then consolidated in Directive April 5, 2006, No 12/2006/CE, who again reiterated the obligations to proceed to the "recovery of waste by riciclo, reimpiego, riutilizzo o ogni altra azione intesa a ottenere materie prime secondarie” art. 3, par. 1, lett. b), nonché ad “assicurare che i rifiuti siano recuperati senza pericolo”, art. 4); la Corte di giustizia, pronunciandosi all’esito di una procedura di infrazione (C. giust., sent. 4 marzo 2010, C-297/08, Commissione c. Italia), ha già riconosciuto che l’Italia è venuta meno agli obblighi di diritto comunitario su di essa incombenti, nella parte in cui non ha adottato, “misure necessarie per assicurare che i rifiuti siano recuperati o smaltiti senza pericolo per la salute dell’uomo e senza recare pregiudizio all’ambiente” (così il dispositivo di conviction), that failure was determined by the low level of recycling, as recognized by the Constitutional Court, the responsibility of the state, even after the reform of Title V of the Constitution, to prescribe a uniform level of environmental protection at national level and binding by self-government ("The rules state waste, standing under the" protection of the environment and the ecosystem "- the exclusive competence of the state pursuant to art. 117, second paragraph, point s) of the Constitution - is also in implementation of Community obligations, a uniform level of protection and requires the entire country, to limit the discipline that the regions and autonomous provinces have said on other matters within their competence, so that they derogate from the level of environmental protection established by the State or the worse (Case No. 62 of 2008 and No. 378 of 2007 ). There remains, however, without the responsibility of the Regions for the treatment of interest are functionally related to those presented by environmental fact, even in the waste sector, together with interest primarily related to environmental protection, are relevant to other lessons, for which the state jurisdiction does not preclude the concomitant possibility for regions to act, obviously respecting the uniform levels of protection provided by the State (most recently, Case No. 249, 2009), "C. cost., December 4, 2009, No 314, paragraph 2.2.) Domestic legislation be interpreted in the light of Community law to ensure the so-called "effectiveness" (C. right., 5 February 1963, C-26/62, Van Gend en Loos); in this regard can not fail to point out that EU law legislation imposes an obligation on the part of states to implement collection systems with recovery of recyclables, not contemplate or authorize systems, such as the national one, based on odds progressive approach to full extent of the waste produced in the territory, so that can not be concluded that at least the percentage shares set by the national legislature have a value immediately rule and requiring both environmental protection and public health (on the instrumentality of the system of collection, disposal and recycling to the protection of those interests C. Giusti., sent. March 4, 2010, C-297/08, Commission . Italy) and in the interests of taxpaying citizens (think of that paragraph 3 of art. 205 Leg. April 3, 2006, No. 152, having set the first paragraph of the shares of the annual collection introduces a 'Additional paid by local communities to which the deviation is due: "If the level of territorial optimum are not met the minimum goals set out in this Article shall apply an additional Twenty percent of the charge transfer of waste to landfill to be borne by the ATO, established by Article 3, paragraph 24 of the Law of 28 December 1995, n. 549, which distributes the burden among those municipalities in its territory who have not reached the percentages referred to in paragraph 1 on the basis of the shares of recycling achieved in the joint ") that the powers of the order of the Special Commissioner (possibly responsible) can not determine a level of protection of those interests less than the national legislation implementing Community law, legitimizing of collection rate levels lower than those established by national legislation (such an interpretation looms in stark contrast with the goals and objectives that govern the establishment, exercise the powers and the use of resources commissarial and especially with the Community law, so that any prediction that present the content described or produce the effect called reductive should be disregarded).
Conclusion dell'esposto
As the narrative that precedes it becomes necessary to acquire
- official information and data relating to the collection within the territory of the town of Sestri Levante 1999 to 2009, information to be avere riguardo sia al dato globale della predetta raccolta, sia a quello specifico riferito al segmento della frazione umida rappresentante una quota dominante.
- informazioni e dati ufficiali in merito alla redditività della raccolta delle differenti frazioni, nonché una stima delle ragionevoli e probabili entrate derivanti dalla predetta raccolta utili al calcolo definitivo del danno.
- tutti gli atti istruttori, preliminari e deliberativi della giunta e del consiglio del Comune di Sestri Levante, tesi alla organizzazione del servizio di raccolta dei rifiuti (con specifico riguardo a quella della frazione umida) intervenuto attraverso le diverse imprese delegate al servizio, con specific reference to those contemplating the obligations of the same reach of the shares of recycling required by law.
Considering
- that art. 206-bis of Legislative Decree. April 3, 2006, No 152, establishes the National Waste Department of the Environment and the protection of land and sea, equipped with information functions, coordination and supervision in the field of waste collection, recycling and waste disposal;
- which, as it no longer cd "sindacatorio power," it is for the prosecution to determine whether to extend the action of loss of revenue, experienced the bodies with responsibilities of initiative, drive and draft, but the City Council and therefore all the directors, because the final decision-making powers of this organ on the organization of local public services under Article. 42 Leg. August 18, 2000, No 267 (the matter was already covered by art. 32 Lett. A) and f) Law of 8 June 1990, n. 142, which, for present purposes, the powers entrusted to the Council on the establishment of special agencies including the State to approve its statutes), subject to the freedom of final assessment requested the Court to recognize the significance commissi activity or omission of the Council.
seen again
- art. 14 rd August 13, 1933, No 1038, under which the Court of Auditors may request the administration and order the parties to produce documents and documents that he believes necessary for the resolution of the dispute, the period within which compliance instructors must be carried out;
- art. 16, paragraph 3, dl May 13, 1991, No 152, conv. into law July 12, 1991, No 203, which provides that "The Court Accounts of the performance of its duties may, even by the Guardia di Finanza, inspections and investigations directed at the government and third-party contractors or recipients of financial providence for specific purposes;
- Article . 2, paragraph 4, dl November 15, 1993, No 453, conv. into law January 14, 1994, No 19, laying down rules on jurisdiction and control of the Court of Auditors, which states that "the Court of Auditors, for the exercise of its powers, obligations instructors may also delegate to government officials and make use of expert witnesses in relation the provisions of Article 73 of Legislative Decree 28 July 1989, No 271 ";
Association member, requires the prosecutor addressed this exposed the start of a process in place to define the loss of revenue that appalesa be of significant value, (because of a high differential) and the apparent continuation of that loss, in the years to follow, for the aforementioned lack of effort to implement an effective waste management aimed primarily at protecting human health and the environment, promoting the recovery of waste and use of recycled materials as raw materials to conserve natural resources, as provided by rules, ensuring:
-cited over the years if the council has imposed on various companies responsible for a clear, specific and accurate in order to achieve the percentages of recycling required by law;
-if the same company was given a special course specifically aimed at implementing significant fraction moist
-if the measures have been prepared for the organization of separate collection of waste (including acts of investigation, preliminary and deliberative constitution and trust companies to be responsible, with Specific respect to those contemplating the technical-legal (terms of service contract, administrative or service, other similar acts, etc..) which has been imposed, the municipal administrative structure required to achieve the shares of recycling stipulated in law.
ORAS
f.to coordinator
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