Authorization for the Discharge of Domestic Wastewater and Single Environmental Authorization (AUA)
One of the major challenges for businesses and professionals in the field of environmental laws is obtaining discharge authorizations for domestic wastewater and managing the procedures related to the Single Environmental Authorization (AUA). This process can encounter difficulties due to complicated bureaucratic procedures, differing regulations at the regional and municipal levels, and the need to interact with many public entities. This article provides an overview of the challenges associated with these authorizations and how specialized assistance can simplify obtaining both the AUA and discharge authorizations for domestic wastewater.
All discharges of domestic and similar wastewater that cannot connect to a public sewer must be authorized pursuant to Article 124 of Legislative Decree No. 152 of April 3, 2006.
Issues and Difficulties with Environmental Authorization
Managing wastewater requires special attention to ensure compliance with current environmental regulations, which can vary significantly between regions, individual provinces, and even between municipalities. The interaction between public administration, designers, and private individuals can be challenging, with frequent disagreements and conflicting interpretations of the laws that slow down or block projects.
What Are Discharge Authorizations?
What is the significance of discharge authorizations?
Distinguishing between domestic and industrial discharges, discharge authorizations are essential for the protection of the environment and public health:
Individuals: According to Article 124, paragraph 1 of Legislative Decree 152/2006, any discharge of domestic wastewater outside the public sewer requires authorization. The authorization system is established by the regions, but each Municipality or Province may have its own rules. Unless suspended for requests for integration or further approvals, authorizations are generally issued within 60 days of submitting the application. SMEs: The Single Environmental Authorization (AUA), established by DPR No. 59 of 2013, replaces numerous authorizations and approvals in environmental matters in a single act. It is mandatory for the categories listed in Article 1 of Legislative Decree 59/2013 and has a duration of 15 years.
Procedure for Obtaining Discharge Authorization Outside the Sewer
A regulated process known as "discharge authorization outside the sewer" is used to manage wastewater safely and legally in areas not served by public sewer systems. The general steps to follow are as follows:
1. Initial Analysis
Consult the municipality or local authorities to determine if your residence is located in an area not covered by the public sewer network.
2. Preparation of Documentation
Prepare a technical project of the discharge system created by a qualified technician that demonstrates the substantial absence of effects that may harm the environment and public health.
3. Submission of the Authorization Application
Submit the application to the competent local authority along with all necessary documents.
4. Checks and Inspections
The competent authorities may conduct on-site inspections to ensure that the proposed system is compliant.
5. Issuance of Authorization
Unless suspended for requests for additional documentation or further approvals, the authorization will generally be issued within about 60 days if everything is in order.
6. Maintenance and Periodic Checks
The discharge system should be maintained in good condition and compliant with regulations, with periodic checks to ensure ongoing compliance with environmental standards.
Local regulations and regions may determine these phases. For in-depth information, consult a specialized consultant or local authorities directly.
Single Environmental Authorization (AUA)
The Single Environmental Authorization (AUA) is an administrative and legal tool that unifies seven previously separately managed authorizations into a single document. The AUA was established by DPR 59/2013 with the aim of reducing the complexity of bureaucratic procedures and facilitating businesses in obtaining the necessary environmental authorizations.
What is the AUA?
The AUA (Single Environmental Authorization), established by DPR No. 59 of 2013, replaces numerous acts of communication, notification, and environmental authorization. It is mandatory for all businesses listed in Article 1 of DPR 59/2013 and lasts fifteen years. In particular, the AUA applies to:
- Plants and facilities connected to SMEs.
- Plants for the treatment of urban wastewater and the connected sewer networks that do not require other forms of single authorization
Facilities exempt from the AUA requirement include the following:
- Facilities that have been authorized using the AIA (Integrated Environmental Authorization).
- Facilities authorized through environmental assessment measures (VIA), which explicitly replace sector-specific authorizations.
- Facilities that have been granted in accordance with Article 208 of Part Four of Legislative Decree 152/2006, which provides for single authorization in waste management.
- Contaminated sites authorized by the Remediation Decree, pursuant to Articles 242 and 249 of Legislative Decree 152/2006, Part Four
Authorizations Included in the AUA
The AUA integrates the following acts of communication, notification, and authorization into a single authorization act:
- Authorization for discharges under Chapter II of Title IV of Section II of Part Three of Legislative Decree No. 152/2006.
- Preventive communication for the agronomic use of livestock effluents and wastewater.
- Authorization for atmospheric emissions under Article 269 of Legislative Decree No. 152/2006.
- Authorization for general atmospheric emissions under Article 272 of Legislative Decree No. 152/2006.
- Communication or approval regarding acoustic impact under Article 8, paragraphs 4 and 6 of Law No. 447 of October 26, 1995.
- Authorization for the use of sludge resulting from the purification process in agriculture under Article 9 of Legislative Decree No. 99 of January 27, 1992.
- Communications regarding waste for the operation in simplified procedures for waste treatment operations under Articles 215 and 216 of Legislative Decree No. 152/2006.
Procedure for Obtaining the AUA
As established by Article 4 of DPR 59/2013, applications for AUA for new emissions and discharges or significant modifications must be submitted to the Single Desk for Productive Activities (SUAP) competent for the territory. Applications concerning sewerage and purification infrastructures for the collection and treatment of urban wastewater and energy infrastructures are excluded pursuant to Article 2 of DPR 160/2010. The application must be submitted:
- Before starting a new facility, activity, or plant.
- When the first authorization included among those integrated into an AUA expires.
- In the case of significant modifications that require a new request for a specific authorization indicated in the list.
Forms and Timing
With the DPCM of May 8, 2015, a unique and simplified model for the AUA request was introduced, uniform across the national territory and adapted according to the specificities of individual Regions. The timing for obtaining the AUA varies:
- 120/150 days for new AUA applications or substantial modifications.
- 60 days for tacit approval in non-substantial modification applications.
The release process includes two distinctions:
- If the AUA replaces environmental titles with procedures of 90 days or less, the competent Authority adopts the final measure within 90 days and sends it to the SUAP for issuance.
- If the AUA replaces environmental titles with procedures exceeding 90 days, the SUAP must convene the conference of services within 30 days, and the competent Authority adopts the final measure within 120 days.
Exceptions and Exclusions
Short-term temporary activities, such as the following, are exempt from the obligation to obtain an AUA:
- Discharges of pumped water during civil engineering works.
- Discharges of intercepted or rainwater from quarries.
- Discharges and acoustic impact from extraordinary and temporary entertainment activities.
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Do you need assistance in obtaining discharge authorization or AUA?
For assistance in the process of obtaining discharge authorization for domestic wastewater and the Single Environmental Authorization (AUA), contact the experts at Water Consult.
