Il diritto ambientale tra command and control ed economia circolare: l’utilizzo dei fanghi di depurazione in agricoltura

This article analyzes the agricoltural use of sewage sludge and its regulation in the European and Italian legal system. The debate on sludge recycling and disposal has recently been the target of growing interest, both for economic and for agronomic reasons (mainly in terms of organic matter and phosphorus content), but its use lead to environmental impacts and potential risks for health and the environment, due to the european and italian legislative obsolescence (the Directive 86/278/EEC was adopted over twenty years ago and with a very low limit values for pollutants in sludge). In this context, regional authorities have implemented policies more stringent, thus leading to a low level of harmonisation. Therefore, most of the debate on sewage sludge disposal from waste water treatment concerns the constraints of command and control applied to sludge producers, disposers and users those operating in this sector, in accordance with the preventive and precautionary principles, to ensured an effective soil protection. Given that the sewage sludge is considerated waste by the legislation, the ambitious Circular Economy Package, adopted by Eu, should provide – by the revision of the sewage sludge regulation and the further application of economic instruments for maximise environmental benefits – a view to encourage the application of this waste like a resource, according to high standards of environmental quality.