greenreport - quotidiano ambientale
L’attività commerciale molto rumorosa può essere chiusa perché supera i limiti posti a tutela della health. He says the Regional Administrative Court (TAR) of Apulia with ruling last October. According to the court the rules of the phenomenon of noise there is, at the regional but in the absence of acoustic classification of the municipality and in the absence of the relevant regional regulation is, however, that the system of measuring noise regulation statale.Il always accompanies the human life, but only for some time been recognized as a possible factor of pollution and especially as a threat to health. It can cause discomfort or disturbance to rest and to human activities, creating a hazard to health, damage ecosystems, property, monuments, environment esterno.Ed housing or the environment this is the logic followed by the legislature in 1995 with the Framework Law 447/1995. This is in fact the first law that governs organic matter in the issue of noise and has done good health the focus of their care. Thus leads, the emission limit values \u200b\u200band placing according to sources and in relation to the different uses that should be divided by the municipality that is the so-called "zoning" that every municipality is required to attuare.Ma in Actually, the noise classification is not mandatory at the state level and there is one which refers to a municipal duty. That Article 4 of the framework law which provides that the regions provide the procedures and penalties to the requirement of the classification of areas to be borne by the municipality. Apart from the fact that in any case not all regions have adopted the law on noise pollution, the law also provides that framework there are deadlines and penalties, but only if the municipalities are required to express a new urban plan or detailed . This means that municipalities are not required to divide the territory into areas where no noise when they have to make the new development plan and as specified by regional law. Then if we add to this the fact that the operation is complex and requires expertise and financial resources, it follows that most of the popular Italian acustica.Comunque lacks the zoning is, in the absence of the division of territory and a regional regulatory framework that will measure the protection of human health must be ensured and the is - according to the TAR Puglia - by complying with the limits set by regulatory Statale.Del nor the rules governing the phenomenon of noise showed an imported legislative action with the launch of the constitutional law on the reform of Title V of the Constitution . In fact, Article 117 of the Constitution, having ruled that the legislative power is exercised by state and regions, outlining the respective areas of expertise. Locate ie, areas of exclusive legislation pertaining to the state, areas of concurrent legislation (including protection of health including the regulation of noise pollution), in which a kind of dualism-Regions and State legislative matters devolved to the residual jurisdiction regions. Much the same for the power regolamentare.Quindi - as says the Tar of Puglia - the regional legislation enacted in a matter of law may receive concurrent implementation only through the exercise of regulatory authority approval. This means - as highlighted by the Constitutional Court ruling No 376/2002 - the existing state regulatory standards than the constitutional reform remain in force until they are replaced by new rules dictated by the region. Thus, the regulation on noise pollution remains in force until it is issued by the region a special provision.
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