Construction and demolition waste: from 26 September the legislation on inert waste changes

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Emma Potter

The new Regulation on inert waste from construction and demolition, approved with Ministerial Decree 127 of 28 June 2024, will come into force on 26 September 2024. This decree, drawn up by the Ministry of the Environment and Energy Security, aims to regulate the reuse of inert waste of mineral origin, both from construction work and other industrial activities.

This is an important step towards a more sustainable management of waste materials, with the aim of reducing the environmental impact of the construction sector and promoting the recycling of materials.

What are the main novelties of this decree and how will they affect the construction sector?

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Criteria for ceasing to be classified as waste

The heart of DM 127/2024 concerns the precise definition of the conditions under which inert waste ceases to be considered as such. This waste, which includes materials from construction and demolition activities, but also inert waste of mineral origin, can be recycled and reused once subjected to specific recovery operations.

The decree establishes that, in order for the treated materials to lose their waste status, they must be transformed into recovered, recycled or artificial aggregates. These aggregates can be used in numerous areas, such as the construction of new infrastructure or as material for road sub-bases, provided that they comply with the quality criteria defined by the regulation.

Another crucial aspect is the emphasis on selective demolitions, i.e. demolition processes that allow for accurate separation of the various materials, maximizing the amount of waste that can be recycled. This not only increases the quality of the recovered aggregates, but also reduces the risk of contamination of the reusable material, ensuring higher standards of safety and reliability.

The decree therefore allows for a double advantage: on the one hand, it promotes environmental sustainability, reducing the volume of materials that end up in landfill; on the other, it favors the circular economy, incentivizing the reuse of existing resources.

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Responsibility of the producer of recovered aggregates

Ministerial Decree 127/2024 attributes a role of great responsibility to producers of recovered aggregateswhich become the main guarantors of the quality and conformity of the treated material. The producer is in fact required to implement a management system that demonstrates compliance with the regulations, including quality control and self-monitoring of recovery processes.

Each batch of recovered aggregates must be accompanied by a declaration of conformity, which certifies that the material complies with the criteria established in the decree and can therefore be used for specific purposes.

Another obligation imposed on the producer is that of retain samples of the recovered material for at least one yearas required by UNI 10802 standards. This practice ensures the traceability and integrity of the material, offering a further guarantee to both customers and control bodies.

Furthermore, the manufacturer must ensure that all processes are documented and accessible for any audits by the competent authorities, in order to ensure transparency and compliance with environmental regulations.

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Monitoring and reviewing criteria

An innovative aspect of the Ministerial Decree 127/2024 concerns the continuous monitoring of recovery processes and the possible revision of the criteria within a period of two years from the entry into force of the decree. The Ministry of the Environment and Energy Security will be responsible for collecting and analyzing monitoring data relating to recovery operations, through the National Registry of Recovery Authorizations (ReCER).

This system will allow to evaluate the effectiveness of the new regulations and to identify any areas for improvement.

If, at the end of the 24 months of monitoring, critical issues or inefficiencies emerge, the Ministry may proceed with a review of the criteria established for the cessation of the waste classification.

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Impact of Ministerial Decree 127/2024 on the construction sector

The introduction of DM 127/2024 represents an important turning point for the construction sector, especially in terms of environmental sustainability and reducing the impact of construction on the territory. The possibility of reusing inert waste as recovered or recycled aggregates reduces the need to extract new raw materials, with both economic and environmental benefits.

In fact, construction companies will be able to obtain quality materials at lower costs, while at the same time contributing to reducing pollution and waste of resources.

This decree also simplifies administrative procedures compared to previous regulations, such as Ministerial Decree 152/2022, reducing economic and bureaucratic burdens for operators in the sector. With the adoption of selective demolition practices and the recycling of materials, a circular economy model is promoted that not only protects the environment, but also offers new business opportunities for companies.

In fact, those who are able to adopt these new practices will be able to gain a competitive advantage on the market, responding to the growing demands for sustainability from clients and society.