Emergency Safety Measures

In 2011, a company that operates in the field of industrial coatings and resins receives the measure that includes ” activation no later than 10 days from the date of receipt of this notice of appropriate safety measures put in through the pumping of groundwater and the subsequent treatment / disposal , in order to prevent the spread of downstream hydrogeological contamination ” .

The company responded with a statement and ” techno- environmental relationship from which emerged the reasons why they could not be adopted interventions for emergency safety measures .”

In April 2011 in response to its notice , the company receives an additional measure in which he reiterated the order to proceed to the ” immediate activation of appropriate measures for the safety of emergency “; the ” realization, not later than 20 days from the date of receipt of this notice , the proposed wells “;  the ‘implementation of a groundwater monitoring “; the ‘transmission , within 60 days from the date of receipt of this notice , the Project Remediation of the environmental soil and groundwater . ”

The company holding the measures received for the following 4 points:

” 1 ) breach of Article . 242 , paragraph 11, and art. 240 , paragraph 1, letter m) t) of Legislative Decree on 3 April 2006 n . 152 , [ …] because in case , since the site in question is characterized by historical contamination […] not met the conditions for ordering the safety of emergency, […] also in order to prevent the indiscriminate pumping of groundwater […] may even result in an increase in the risk of environmental pollution ; ”

” 2 ) illogical and unreasonable administrative action and failure to investigate and motivation , as the order for the safety of emergency measures ( MISE ) does not account in any way of the information already acquired by the reports by the characterization and the danger of aggravating the environmental situation ; ”

” 3 ) breach of Article . 242 , paragraphs 4 and 7 and art. 252 of Legislative Decree no . 3 April 2006 n . 152 , [ …] in that order to transmit within 60 days of the project Remediation of the environmental soil and groundwater at odds with the prediction of the Environment Code that indicates how prodromal preparation , and then the approval of the document risk analysis ; ”

” 4) breach of Article . 3 of Law no. 241 of 1990 , violation of due process on the orders to be burdened at all unreasonable . ”

On 15.07.2013 , the Administrative Court of Campania Region, in confirming the thesis of the company , has ordered the cancellation of the relevant requirements.