REGARDING: The impossibility, as of March 10th 2015, to treat and dispose of municipal solid waste produced by a 1,000,000 population equivalent of the Lazio Region in compliance with European regulations – The Region of Lazio’s failure to identify an integrated and adequate network of waste treatment and disposal facilities, including landfills, for the management of municipal solid waste – Failure of the Italian Republic to fulfil obligations deriving from art.2 and 6 of the 1999/31/CE directive, art. 4, 12, and 16 of waste directive 2008/98/CE, and from the Court of Justice’s ruling of October 15th 2014, C-323/13.
Esteemed European Commission,
the author of this letter is the owner of an authorized solid municipal waste mechanical-biological treatment facility, conforming to the best available technology (BAT), operating in the Lazio Region and at the service of optimal territorial district (subATOs) in Latina, and other numerous towns in subATOs of Colleferro and Rome. The plant meets the waste disposal needs of circa 1,000,000 population equivalent.
The plant recovers an average of 61% of the incoming unsorted municipal waste through bio-drying treatment and the production of refuse derived fuel (RDF/CSS) to permit energy recovery. The remaining fraction (about 35-39%) is destined to landfill disposal in conformity with national and European regulations.
At the moment, the plant treats roughly 224,000 tons/year of municipal waste of the 410,000 tons/year authorized and must, therefore, send almost 89,000 tons/year, to landfill disposal.
Presently, Latina has only one authorized landfill site with a potential residual for the writer of 12,500 tons in the next five months, equal to 83 tons/day. Hence, potential disposal is only 14% of the required annual amount.
Colleferro has the only other authorized landfill with available residual capacity. This landfill belongs to Lazio Ambiente, a company owned entirely by the Region of Lazio. The writer may only dispose of the remaining waste produced until March 9th, 2015, date upon which the current transfer agreement contract will expire.
According to Italian law (art. 196 and 199 legislative decree n. 152 of April 3rd, 2006), the Region of Lazio is the competent authority responsible for creating an adequate and integrated network of facilities for the management of unsorted municipal waste produced at a regional level, including landfills destined for the disposal of refuse deriving from the treatment of solid municipal waste (art. 16, paragraph 1, directive 2008/98/CE).
The writer has, in the meantime, been asking the Region of Lazio, since May 2014, to identify an alternative landfill in the surrounding area, to satisfy its waste disposal needs, which will be unmet as of March 10th, 2015. The Region of Lazio, in June 2014, asked Lazio Ambiente to provide data regarding the residual capacity available in its landfill, so far no response has been given. Furthermore, as of March 10, Lazio Ambiente, with the eventual intent to renew the contract, will apply a higher than average market fee for waste disposal within its landfill site, this will obviously be unsustainable for the writer
Nevertheless, the Region of Lazio has NOT identified any alternative landfills and has not given Lazio Ambiente, its subsidiary company, notice to allow the writer to dispose of waste in its landfill after March 9th, 2015. The Region of Lazio has also forbidden the writer’s plant to dispose of its waste in landfill sites outside the region of Lazio, which would be available to handle the oncoming waste.
The writer, as of March 10th 2015, must consequently halt its waste treatment duties as it may no longer dispose of all the waste produced in the only available landfill of Latina.
Since the Region of Lazio has not given any alternative, as of March 10th 2015, the solid municipal waste of circa 1,000,000 population equivalent will no longer be treated, recovered, and disposed of in accordance with European Regulations (art. 4, 12, and 17 of directive 2008/98/CE; art. 2 and 6 of directive 1999/31/CE).
As ascertained by the European Commission, and confirmed by the Court of justice on October 15th 2014 C-323/13, under similar circumstance, the Italian State and the Region of Lazio adopted emergency measures which authorized the direct disposal of inadequately treated solid municipal waste, with consequential environmental and health risks.
This letter aims to inform the European Commission’s Directorate General and Services so that they may, in good time, adopt necessary measures against Italian authorities.
At your disposal for any further clarifications: tel 06/9245039 fax 06/92870128 e-mail email@example.com .
R.I.D.A. Ambiente S.r.l.