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 its environmental implications but also for the legal consequences that arise from it. The recent Order No. 9313 of April 8, 2024, issued by the Court of Cassation, addresses a crucial aspect of waste regulation, particularly regarding 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.

The Content of the Order

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

Waste Regulation - Art. 15, paragraph 4, Legislative Decree No. 22 of 1997 - Exemption from the obligation to complete forms - 30-kilogram limit - Interpretation - Application to total transports of the day. In terms of waste regulation, Article 15, paragraph 4, Legislative Decree No. 22 of 1997, stating that the exemption from the obligation to complete forms with the indications prescribed by paragraph 1 is only permitted in cases of daily transport not exceeding 30 kg of waste, should be interpreted to mean that this limit does not refer to single transport or single form, but to the total transports carried out in the day.

Practical Implications of the Ruling

This decision has important implications for companies and professionals operating in the waste management sector. Among the aspects to consider are:

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

Conclusions

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

Bianucci Law Firm