External Emergency Plan for waste managers (PEE)
in Accordance with article 26-bis of Law 132/2018 of conversion of the DdL 113/2018 (“Security Decree”), the storage and processing plants of existing waste They were obliged to draw up an Internal Emergency Plan (PEI) by last March 4.
The same article also provides the obligation for the operators to send to the Prefecture all the information useful for the elaboration of the External Emergency Plan (PEE), but without tying them to a precise deadline.
On 13 February a joint note https://www.minambiente.it/sites/default/files/archivio/allegati/disposizioni_art26bis.pdf) was issued by the Ministry of the Interior and the Ministry of the Environment who considered it appropriate to provide the first Particulars of the information which the waste plant operators must provide to the prefects pursuant to paragraph 4 of art. 26-Bis in relation to the PEE (External Contingency Plan).
The minimum contents of the PEI (Internal Emergency Plan) have been defined In the same.
It is unclear whether the date of March 4 was also the deadline for submitting information to the Prefect for the elaboration of the PEE. There Seems to be no consistency between the joint ministerial note and art. 26 bis on this point.
of Course, it is clarified that these provisions apply to installations which do not fall within the scope of Legislative Decree No. 105/2015 (Seveso regulation) whose managers must comply with the provisions of the same decree “Seveso” for the Preparation of both the PEI and the information to be provided to the prefect for the drafting of the PEE.
The Joint Note then focuses on the information to be provided to the prefect for the PEE, clarifying that this list of information “is to be considered as an example but not exhaustive” because the prefects can independently request Additional information which may be necessary for the continuation of the activities of defining the EEAS. It Is also stated that, if there are no reasonably foreseeable effects outside the plant caused by accidents identified in the risk assessment, the same prefects may decide not to prepare the PEE.
Article 26-bis of Law 132/2018 conversion of the DdL 113/2018
Art. 26-Bis (internal emergency Plan for waste storage and processing plants).
- The operators of existing or newly constructed waste storage and processing facilities shall be obliged to prepare an internal emergency plan with a view to
- Monitoring and circumscribing accidents in such a way as to minimise its effects and limit its damage to human health, the environment and goods;
- Implementing the measures necessary to protect human health and the environment from the consequences of major incidents, in particular through enhanced cooperation with the Civil Protection organisation in relief interventions;
- adequately inform the population, the emergency services and the competent local authorities;
- on the basis of the provisions in force for restoring and depollution of the environment after a major accident
- The internal Emergency Plan shall be reviewed, tested and, if necessary, updated by the operator, after consulting the staff working in the facility, including the staff of long-term subcontracting undertakings at appropriate intervals, and, Anyway, not more than three years. The revision shall take account of changes in the installation and emergency services, technical progress and new knowledge of the measures to be taken in the event of a major accident.
- For existing installations, the internal emergency plan referred to in paragraph 1 shall be prepared within ninety days of the date of entry into force of the law of conversion of this decree.
- The operator shall transmit to the prefect responsible for the territory all relevant information for the elaboration of the external emergency plan referred to in paragraph 5.
- For the installations referred to in the preceding paragraphs, in order to limit the damaging effects of major accidents, the prefect, in agreement with the regions and with the local authorities concerned, prepares the contingency plan outside the system and coordinates The implementation.
- The plan referred to in paragraph 5 shall be prepared with the aim of:
- Monitoring and circumscribing accidents in such a way as to minimise its effects and limit its damage to human health, the environment and goods;
- Implementing the measures necessary to protect human health and the environment from the consequences of major incidents, in particular through enhanced cooperation with the Civil Protection organisation in relief interventions;
- adequately inform the population, the emergency services and the competent local authorities;
- Provide on the basis of the provisions in force for restoring and depollution of the environment after a major accident.
- The Prefect shall draw up the external contingency plan within twelve months of receiving the necessary information from the operator in accordance with paragraph 4.
- The plan referred to in paragraph 5 shall be reviewed, tested and, if necessary, updated, after consultation of the population, by the prefect at appropriate intervals and not exceeding three years, however. The revision takes account of changes in emergency installations and services, technical progress and new knowledge of the measures to be taken in the event of major incidents.
- By Decree of the President of the Council of Ministers, in agreement with the Minister of the Interior for the aspects relating to fire prevention, after agreement enshrined in the unified Conference, the guidelines for the preparation of the External contingency plan and for the relative information to the population.
- Implementation of the provisions of this article shall be provided without new or higher charges for public finance