Authorisation no. 798 of 20 December 2007 Protocol no ......Cesena, Gobbi S.r.l. exercises the activity of recycling non hazardous waste pursuant to articles 31 and 33 of Legislative

[seal] PROVINCE OF FORLI’ -CESENA TERRITORIAL ENVIRONMENT

P.zza Morgagni, 9 - 47100 Forli’ AND SAFETY SERVICE

Tel. 0543-71411 - fax 0543-714234 Plants Office

tel. and fax 0543-714243

Authorisation no. 798 of 20 December 2007 Protocol no. 109149/07

Previous protocol no. 56859/07

Subject: Art. 210 of Legislative Decree 152/06 - Company GOBBI SPARE PARTS S.R.L. - via

Capannaguzzo n. 3681 - Località Macerone - Cesena. Authorisation to exercise an operation for

storage of non-hazardous waste at the plant located in the Municipality of Cesena - Località

Macerone - via Capannaguzzo no. 3681.

THE WASTE ORGANISATION POSITION MANAGER

Whereas:

Legislative Decree 3 April 2006, no. 152 “Norms on environmental matters” came into force on

29/04/2006 which, under art. 264 paragraph 1, letter i) abrogates and supersedes Legislative

Decree 5 February 1997, no. 22;

under the aforementioned Decree the competencies inherent to issuing authorisations related to

exercising operations of disposal and recycling of waste, governed, moreover, by articles 208

and 210 continue to be the responsibility of the Regions,;

the Region of Emilia-Romagna, by its Law no. 5 of 1 June 2006, under chapter II, confirms the

environmental functions conferred to the Provinces and the Municipalities by the regional

legislation in force as at the date of effectiveness of Legislative Decree 3 April 2006, no. 152,

thereby acknowledging that the Entity within the Province is designated with issuing the

authorisations for waste disposal and recycling operation.

the procedures for issuing authorisation to manage waste disposal and/or recycling plants are

now governed by art. 210 of Legislative Decree 152/06;

In view of the preliminary investigation by the Procedures Manager shown hereunder;

Having considered that, at the plant located in via Capannaguzzo no. 3681 - Località Macerone

Cesena, Gobbi S.r.l. exercises the activity of recycling non hazardous waste pursuant to articles 31

and 33 of Legislative Decree 22/97 (now articles 214 and 216 of Legislative Decree 152/06) and

Ministerial Decree 05/02/98, by virtue of registration measure no. 37 of 11/09/2000, protocol no.

34812/00, renewal of 15/04/2003, provincial protocol no. 30790/03, as amended by act of variation

of 07/05/2007, protocol no. 43683/07;

In view of the application presented pursuant to art. 210 of Legislative Decree 152/06, by

Gobbi Spare Parts S.r.l. of 08/06/2007, provincial protocol no. 56859/07, as supplemented and

amended by note of 10/06/2007, provincial protocol no. 58519/07 and with note of 25/06/2007,

provincial protocol no. 63596/07, aimed at issuing authorisation to proceed, by ordinary procedure,

with the waste recycling activity current performed at the plant captioned above by Gobbi S.r.l. by

virtue of registration measure no. 37 of 11/09/2000, protocol no. 34812/00, as amended, pursuant to

the above;

In view of the preliminary investigation by the Provincial Conference in the meeting of

24/07/2007 and subsequent request for further information sent to Gobbi Spare Parts S.r.l. with note

of 30 July 2007, provincial protocol no. 72467/07;

In view of the supplementary documents sent by Gobbi Spare Parts S.r.l. on 15/10/2007,

provincial protocol no. 90672/07 and on 19/10/2007, provincial protocol no. 92073/07;

In view of the preliminary investigation by the Provincial Conference in the meeting of

29/11/2007 shown hereunder:




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The Conference resumes discussions following the presentation, on 15/10/2007 (provincial protocol no.

90672/07) and on 19/10/2007 (provincial protocol no. 92073/07) of the documents requested by note of

30/07/2007, provincial protocol no. 72467/07.

With the documentation of 15/10/2007, the company specifically clarified the following:

For the purpose of guaranteeing the separation of the various activities managed at the plant (metal

waste recycling and sale of spare parts), envisaged, described and identified in the layout are

separate areas of conferral for waste and the spare parts;

Further information was provided regarding waste storage procedures and the related assigned

areas.

The Conference finds, however, that the documents sent only partially answer the critical issues emerging

during the course of the previous meeting and aspects thereby remain which require further clarifications. In

light of the above, the Conference expresses the following appraisals;

1) In compliance with the statements of the previous meeting held by the Conference, it is

reaffirmed that the plant in question falls within the yellow area of the PPGR [provincial waste

management plan], an area in which it is forbidden, pursuant to art. 17 of the NTA, to establish

new waste disposal and/or recycling activities and in which, moreover, it is forbidden to increase

power for the existing activities. In light thereof, it is deemed that increases in quantities cannot

be granted respect to the currently authorised amount, given registration measure no. 37 of

11/09/2009 (renewal of 15/04/2003), as amended by act of variation of 07/05/2007. We thereby

confirm that the maximum power for the plant of 10,910 t/a divided, as proposed by the company,

into 6,000 t/a for typology 5.1, 1,500 t/a for 5.2 and 3,410 for 5.5;

2) Having acknowledged that Gobbi Spare Parts S.r.l. intends to proceed with the waste recycling

activity, under ordinary procedure, as currently managed under simplified procedure by Gobbi

S.r.l. by virtue of registration measure no. 37 of 11/09/2009 (renewal of 15/04/2003), as

amended by act of variation of 07/05/2007, it shall be necessary that Gobbi S.r.l. produces a

declaration in which it expresses consent for the issue of authorisation as per art. 210 of

Legislative Decree 152/06 in favour of Gobbi Spare Parts S.r.l., as well as willingness to

renounce its activity under simplified procedure upon effective issue of the aforesaid

authorisation;

3) Upon discontinuance of the activity the company shall carry out make-safe operations, close the

plant and restore the site according to the following indications:

a) All waste stored at the plant must be removed and sent for correct disposal and/or recycling

at authorise centres;

b) A careful and precise cleaning of surfaces used for waste working and storage shall be

performed, contextually verifying the state of integrity of the latter;

c) A cognisant investigation regarding the possible state of contamination of the site shall be

performed. If situations of potential contamination are found, the company shall take action

according to the provisions under part IV, title V of Legislative Decree 152/06 on the matter

of decontaminating contaminated sites;

4) The company is asked to specify whether it also intends to collect waste having code CER 160106

and 160116, for which no specific sector of storage is envisaged in the graphic drawing of the

plant layout;

5) Having acknowledged, as declared by the company in its technical report , that along the western

side of the plant there is only a “beaten earth dune” equal to 120 cm high, the company shall

install, within 6 months from the issue of the authorisation, also along such side, appropriate

perimetral fencing, in observance of the construction normative in force, notifying the Province

thereof;

6) Requests unequivocal clarification about whether sector H “material sorting area” shall be

assigned to collecting waste or to spare parts;




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7) In the legend of the drawing of the plant layout, in point C there must also be an indication of

codes CER 160122 and 160118, described and indicated in the technical report and in such

drawing;

8) The company has failed to send the descriptive procedure of the investigations performed in

order to verify the absence of asbestos in waste entering the plant pursuant to typology 5.2.

P.I. Bonoli reports the results of the investigation by ARPA completed with regard to the paperwork

captioned above, expressing favourable opinion in observance of the following prescriptions:

9) All loading/unloading and storage operations concerning waste or spare parts must be carried

out within the waterproofed area in which the treatment of runoff wastewater is envisaged and

authorised. In the stabilised bay in which no kind of treatment for runoff rainwater is envisaged,

it is forbidden to store any kind of waste or spare part. Empty containers can be stored only and

exclusively if they are perfectly clean;

10) The passage between sites used for carrying out recycling operation “R13 - storage of waste” is

exclusively permitted on one sole occasion and for the sole purposes of sorting or selection or

crushing or grinding or volumetric reduction of the waste, as dictated by art. 6, paragraph 8 of

Ministerial Decree 186/06;

11) Every type of material outgoing from the company, given that only operation R13 has been

requested, continues to be subject to the waste regime and as such must be submitted to the rules

under “Part Four - Norms on the matter of waste management and decontamination of polluted

sites” of Legislative Decree 152/06;

12) The company manager is obliged to ensure that the third parties to which the waste is conferred

are equipped with regular authorisations as provided under the normative in force;

13) All containers used for waste storage must be equipped with labels clearly visible by size and

placement. Such labels shall bear the CER code, description, physical condition and hazard class

when concerning hazardous waste;

14) The various sectors represented in the layout plan must be constantly sub-divided and equipped

with signs clearly visible by size and placement, upon which the related sector shall be indicated

and described (e.g. Sector C: storage of mixed worked material etc.);

15) The watertight tank into which the wash water from the floors of the rooms converges, must be

equipped with an audiovisual system reporting the maximum filling level. Within 6 months from

the issue of the authorisation, the company shall provide ARPA and the Province with

notification of completed installation of such devices;

16) The wells joining and accessing the watertight tanks shall be kept constantly free from waste and

accessible for maintenance and checks where applicable;

17) Waste cannot remain inside the plant for a period exceeding one year;

Entering for the company are Mr. Gobbi Andrea, Mr. Gobbi Sandro, Mr. Marco Tisselli, architec t, Mr.

Davide Ricci and Mr. Stefano Schegginetti, who are informed of the results of the Conference meeting.

The company acknowledges the affirmations of the Conference regarding point 1) hereabove. Mr.

Tisselli also corrects the material error pursuant to point 7). The company also specifies that:

It shall send a note of acknowledgement concerning the content of point 2) as soon as possible;

It does not intend to collect waste having code CER 160106 and 160116;

The company does not, moreover, intend to collect waste pursuant to typology 5.2, the quantities

of which may therefore be added to those of typology 5.1. In this way the company responds to the

critical issues pursuant to point 8);

Sector H “material sorting area” shall only be assigned for selecting spare parts. Mr. Tisselli

shall also include such indication in the graphic drawing.




tel. and fax 0543-714243

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In light of the completed preliminary investigation, the Conference, in observance of the

prescriptions hereabove, acknowledging the declarations of the company, subject to acquiring the

note of acknowledgement concerning the specifications pursuant to point 2), expresses its

favourable opinion for issuing authorisation to manage the plant pursuant to art. 210 of Legislative

Decree 152/06.

In view of the note sent by Gobbi S.r.l. on 06/12/2007, provincial protocol no. 105046/07, in

acknowledgement of that arising during the course of the aforesaid meeting of the Provincial

Conference;

Having acknowledged that by said note it was specified, amongst others, that:

On 20/03/2007, by act of the Notary, Mr. Antonio Porfiri, Repertory no. 200.424 and folder

40.575, a company rent agreement was signed between Gobbi S.r.l. and Gobbi Spare Parts

S.r.l.;

Said agreement provides that, as from the date of issue of the authorisation to exercise as per

art. 210 of Legislative Decree 152/06, Gobbi Spare Parts S.r.l. takes over the management of

the plant from Gobbi S.r.l.;

Without prejudice to the above, further to agreements between the companies it was decided

that Gobbi S.r.l. shall terminate exercising the activities on 31/12/2007 and thereby Gobbi

Spare Parts S.r.l. shall start to manage the plant as from 01/01/2008.

In view of the note of 20/12/2007, provincial protocol no. 108874/07, sent by Mr. Marco

Tisselli, architect, by which he communicates that the perimetral fencing has been realised along the

west side of the plant, between the owned border and the existing beaten earth dune.

Having underlined that the Provincial Conference, during the meeting of 29/11/2007,

unanimously expressed its favourable opinion with prescriptions to issue authorisation for

management, pursuant to art. 210 of Legislative Decree 152/06 in favour of Gobbi Spare Parts S.r.l.;

Having acknowledged that the plant in question falls within an “unavailable” area for placing a

waste disposal or recycling plant, pursuant to art. 6 of the N.T.A. of the Provincial Waste Management

Plan approved by Resolution of the Provincial Council no. 71491/150 of 30/07/2007 and that,

therefore, in conformity with the provisions of art. 17 of such N.T.A., no increases can be authorised in

the quantity of waste to be sent for recycling respect to that currently managed u nder simplified

procedure by Gobbi S.r.l.;

Having emphasised that the documents presented by Gobbi Spare Parts S.r.l. prove to

comprehensively consist in:

1. A technical document “Technical report” signed by Mr. Andrea Gobbi, sent on 08/06/2007,

provincial protocol no. 56859/07;

2. A note of response to the request for further information of 30/07/2007, provincial protocol no.

72467/07, signed by Mr. Andrea Gobbi, sent on 15/10/2007, provincial protocol no. 90672/07;

3. A graphic drawing “General layout - plants - sewage network diagram”, signed by Mr. Marco

Tisselli, architect, and by Mr. Andrea Gobbi, sent on 15/10/2007, provincial protocol no.

90672/07;

4. A graphic drawing “General layout - plants - diagram of the functional divisions of the rooms and

external area”, signed by Mr. Marco Tisselli, architect, and by Mr. Andrea Gobbi, sent on

15/10/2007, provincial protocol no. 90672/07;

5. A graphic drawing “Noise impact assessment”, signed by Mr. Marcello Biguzzi, chartered

surveyor, sent on 19/10/2007, provincial protocol no. 92073/07;

[Duty stamp] [stamp] Ministry of Economy and Finance STAMP DUTY €14.62 FOURTEEN/62 Inland Revenue 0D016210 00003946 WDA4A0D1 0D02737 28/12/2007 08:59:30 OD01-0009 C3DA22FA695342E8 IDENTIFICATION No,: 01050868374213

[seal of Records Office PP Rome]




tel. and fax 0543-714243

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Having specifically found that the activity exercised at the plant only consists in storage

operation (R13 recycling operation) of non hazardous waste mainly formed of component s removed

from disused vehicles;

In view of authorisation no. 507 of 28/08/2006, protocol no. 65528/06, issued by the Province

of Forlì-Cesena for discharge into the consortium drain “Olca” - Water Basin of the River Rubicone of

runoff wash wastewater originating from the plant;

In view of the renewed provisional authorisations no. 7194 and 7193 of 05/06/1997 for

drainage of domestic wastewater into surface water, issued by the Municipality of Cesena on

24/10/2005 (PGN.15280);

In view of regional directive no. 1991 of 13/10/2003, protocol no. RIF/03/30123, which defines

the methods for presenting and determining the entities of financial guarantees envisaged for issuing

authorisation to exercise hazardous and non hazardous waste disposal/recycling operations, issued

pursuant to art. 133 of Regional Law no. 3/99;

Having considered that such directive also provides that, for waste storage operation R13, the

total amount of the financial guarantee must be calculated by multiplying the maximum instantaneous

capacity of non hazardous waste storage expressed in tonnes by 140.00 €/t (with a minimum amount

equal to 20,000.00 Euros);

Having acknowledged that the maximum instantaneous capacity for non hazardous waste

storage submitted for waste storage (operation R13) at the plant shall be equal to 4,200 t and that

therefore the amount of the financial guarantee determined in light of the aforementioned criteria

proves to be equal to:

4,200 t x 140.00 €/t = €588,000.00;

Having acquired, on 04/12/2007, the Certificate of Registration in the Chamber of Commerce ,

Industry, Small Businesses and Agriculture of Forlì-Cesena of Gobbi Spare Parts S.r.l., including the

anti-mafia statement pursuant to art. 9, paragraph 1, of Presidential Decree 03/06/1998, no. 252;

Having acquired, moreover, on 05/12/2007, the certificate from the Criminal Records Office for

the legal representatives of Gobbi Spare Parts S.r.l.;

In view of the Resolution of the Regional Committee for Emilia-Romagna no. 4893 of

27/09/1994 as amend, which determines the preliminary investigation costs as €77.47 fo r issuing

authorisations for waste storage plants;

In view of Legislative Decree 3 April 2006, no. 152 “Norms on environmental matters” and

related implementary decrees;

In view of Ministerial Decree 05/02/1998 as amended by Ministerial Decree 186/06;

In view of Legislative Decree 209/03 and Legislative Decree 149/06;

In view of Regional law no. 27 of 12 July 1994, as amended by Regional Law no. 3 of 21 April

1999;

In view, in particular, of Regional Law 1 June 2006, no. 5, “Amendments and supplements to

Regional Law 9 December 1993, no. 42 (regulations on the profession of ski instructor) and provisions

on environmental matters”;

In view of art. 43 of the Statute of the Province of Forlì − Cesena and art. 25 of the Regulation

on the general regulations for Offices and Services;




tel. and fax 0543-714243

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In view of Determination of the Director of the Territorial Environment and Safety Service no.

40 of 29/08/2005, Provincial protocol no. 63523/05, assigning the Organisational Position of “Waste”

management at the Environment Service;

In view of Determination of the Director of the Territorial Environment and Safety Service no.

128 of 28/12/2006, Provincial protocol no. 95820/06, confirming the Organisational Position of

“Waste” management at the Territorial Environment and Safety Service for 2007;

By proposal of the Procedures Manager;

A U T H O R I S E S

Pursuant to art. 210 of Legislative Decree 152/06, Gobbi Spare Parts S.r.l. - via Capannaguzzo no.

3681, Località Macerone - Cesena, to manage the waste recycling plant located in the Municipality of

Cesena, Località Macerone, Capannaguzzo no. 3681, under the following conditions :

1. The waste for which recycling activities are permitted is that listed hereunder:

CER Authorised

operations

Maximum

quantity of

instantaneous

storage

Authorised

annual

quantity

(1/1 - 31/12)

A

160117

160118

160122

160801

ferrous metals

non metals ferrous

components not otherwise specified

empty catalysers containing gold,

silver, rhenium, radium, palladium,

iridium or platinum (except 160807)

R13

4,200 t

(comprehensive

quantity for the

waste pursuant

to line A)

10,910 t/a

(comprehensive

quantity for the

waste pursuant

to line A A)

2. The waste must be disposed of at no risk to human health and without using procedures or methods

which could damage the environment and, in particular, without giving rise to risks to water, air,

the earth and without causing inconveniences from noise or smell. The activity shall be carried out

in observance of the provisions of the norms in force on the matter of environmental safety and

hygiene;

3. The plant shall be managed in compliance with the boundaries and divisions within the specific

sectors, as identified in Drawing 4 “General layout - plants - diagram of the functional divisions of

the rooms and external area” pursuant to the premised narrative (sent on 15/10/2007, provincial

protocol no. 90672/07);

4. The waste cannot remain in the plant for a period exceeding one year;

5. The passage between sites used for carrying out recycling operation “R13 - storage of waste” is

exclusively permitted on one sole occasion and for the sole purposes of sorting or selection or

crushing or grinding or volumetric reduction of the waste;

6. Supplementary information must be recorded in the loading and unloading log concerning the




tel. and fax 0543-714243

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composition and exterior appearance of the “generic” waste which may be managed at the

plant (CER code 160122) and not only show the generic description “components not otherwise

specified”;

7. The following prescriptions emerging from the investigation by the Provincial Conference must be

observed:

a) All loading/unloading and storage operations concerning waste or spare parts must be carried

out within the waterproofed area in which the treatment of runoff wastewater is envisaged and

authorised. In the stabilised bay in which no kind of treatment for runoff rainwater is

envisaged, it is forbidden to store any kind of waste or spare part. Empty containers can be

stored only and exclusively if they are perfectly clean;

b) The watertight tank into which the wash water from the floors of the rooms converges, must be

equipped with an audiovisual system reporting the maximum filling level. Within 6 months

from the issue of the authorisation, the company shall provide ARPA and the Province with

notification of completed installation of such devices;

c) The wells joining and accessing the watertight tanks shall be kept constantly free from waste

and accessible for maintenance and checks where applicable;

d) Every type of material outgoing from the company, given that only operation R13 has been

requested, continues to be subject to the waste regime and as such must be submitted to the

rules under “Part Four - Norms on the matter of waste management and decontamination of

polluted sites” of Legislative Decree 152/06;

e) All containers used for waste storage must be equipped with labels clearly visible by size and

placement. Such labels shall bear the CER code, description, physical condition and hazard

class when concerning hazardous waste;

f) The various sectors represent in the layout plan must be constantly sub-divided and equipped

with signs clearly visible by size and placement, upon which the related sector shall be

indicated and described, as identified and named in Drawing 4 “General layout - plants -

diagram of the functional divisions of the rooms and external area” pursuant to the premised

narrative (sent on 15/10/2007, provincial protocol no. 90672/07);

8. Pursuant to art. 190 of Legislative Decree 152/06, the owner of the company must be equipped

with a waste loading and unloading log having numbered sheets, validated pursuant to the

normative in force within which there shall be noted, according to the schedules defined under art.

190 of said decree, information concerning the qualitative and quantitative characteristics of the

waste. The logs, supplemented with the formulae related to waste transport, shall be kept for five

years from the date of the last registration;

9. By 30 April of each year, without prejudice to legal provisions otherwise, the communications

pursuant to Law 25 January 1994, no. 70, must be sent to the Chamber of Commerce, Industry,

Small Businesses and Agriculture of Forlì-Cesena, as provided under art. 189 of Legislative

Decree 152/06;

10. Regular possession must be ascertained by the companies to which the waste is assigned of the

authorisations provided for under the normatives in force;

11. All else provide under Legislative Decree 152/06 as amended and related implementary decrees

must be observed,

[Duty stamp] [stamped] Ministry of Economy and Finance STAMP DUTY €14.62 FOURTEEN/62 Inland Revenue 0D016210 00003946 WDA4A0D1 0D02738 28/12/20007 08:59:34 OD01-0009 C3DA22FA695342E8 IDENTIFICATION No,: 01050868374202





tel. and fax 0543-714243

8

with particular reference to part three on the matter of protecting water from pollution and the

management of water resources;

12. A formal application for authorisation must be presented to the Province of Forlì-Cesena regarding

any variations concerning this authorisation;

13. Upon discontinuance of the activity the company shall carry out make-safe operations, close the

plant and restore the site according to the following indications:

a) All waste stored at the plant must be removed and sent for correct disposal and/or recycling at

authorised centres;

b) A careful and precise cleaning of surfaces used for waste working and storage shall be

performed, contextually verifying the state of integrity of the latter;

c) A cognisant investigation regarding the possible state of contamination of the site shall be

performed. If situations of potential contamination are found, the company shall take action

according to the provisions under part IV, title V of Legislative Decree 152/06 on the matter of

decontaminating contaminated sites.

14. Within the peremptory term of 90 days from the date of issue of this act a financial guarantee

shall be given according to the provisions under the Resolution of the Committee for the Region of

Emilia Romagna no. 1991 of 13 October 2003, according to the procedures listed below:

a) The amount of the financial guarantee to be given in favour of the Provincial Administration of

Forlì - Cesena is equal to €588,000.00;

b) The validity of such financial guarantee shall be equal to the validity of this act increased by

two years;

c) The financial guarantee shall be given according to one of the formats provided under Law 10

June 1982, no. 348 and by resolution no. 1991 of 13/10/2003, specifically:

A real and valid security deposit in cash or government bonds, pursuant to art. 54 of the

regulation for administration of the assets or general accounting of the State, approved by

Royal Decree 23/5/1924, no. 827, as amended;

A bank guarantee issued by credit companies pursuant to art. 5 of Royal Decree Law

12/3/1936, no. 375 as amended, (conform to the reference guideline of the contractual

conditions pursuant to Attachment B of resolution of the R.E.R. no. 1991/03);

Insurance policy issued by an insurance company duly authorised to exercise the deposits

line and operating in the territory of the Republic under the regime of liberal establishment

or freedom to supply services; (conform to the reference guideline of the contractual

conditions pursuant to Attachment C of resolution of the R.E.R. no. 1991/03);

d) A notification of effective acceptance, by the Province of Forlì - Cesena, of the financial

guarantee shall be held together with this act and exhibited upon each request of the

supervisory body;

e) Failure to observe the provisions of this point shall lead to revocation of the authorisation

subject to notice to fulfil;

Specifies that the effectiveness of this authorisation begins as from 01/01/2008. Until such

date Gobbi Spare Parts S.r.l. may not exercise the activity subject matter of this measure.




tel. and fax 0543-714243

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Also specifies that this measure revokes, effective as from 01/01/2008, registration no. 37

of 11/09/2000, protocol no. 34812/00, renewal of 15/04/2003, provincial protocol no. 30790/03, as

amended by act of variation of 07/05/2007, protocol no. 43683/07, issued to Gobbi S.r.l. for exercising

the activity of non hazardous waste recycling, pursuant to articles 31 and 33 of Legislative Decree

22/97 (now articles 214 and 216 of Legislative Decree 152/06), at the plant located in via

Capannaguzzo no. 3681 - Località Macerone - Cesena. Gobbi S.r.l. may therefore exercise the

activity subject matter of the registration measure described hereabove until 31/12/2007.

Without prejudice to the provisions of Legislative Decree 152/06 and the specific normative on

the matter of emissions into the atmosphere.

Without prejudice to the normative in force on the matter of town planning and construction by

the town planning instruments in force.

Without prejudice to the competence of the Fire Brigade on the matter of the fire prevention

normative.

This Provincial Administration, inasmuch as the Entity assigned to control acknowledges,

pursuant to art. 197 of Legislative Decree 152/06, availing of its own Provincial Anti -Pollution Police

Force and the territorially competent Service of the A.R.P.A., shall ascertain that the activity is

correctly managed by means of necessary inspections.

As provided under art. 210, paragraph 3, of Legislative Decree 152/06, the validity of this

measure is fixed at 10 years, to be precise until 30/11/2017. This measure can be renewed upon expiry

by request of the interested party (to be presented six months before such expiry date).

Without prejudice to any amendments to the normative in force.

Without prejudice to the rights of third parties pursuant to law.

An appeal can be lodged against this act in accordance with the law alternatively to the T.A.R.

of Emilia-Romagna or to the Head of State within 60 and within 120 days, respectively, from receipt of

this act.

Sends this measure to Gobbi Spare Parts S.r.l., Gobbi S.r.l., the Municipality of Cesena, the

Department of Public Health of the A.U.S.L. of Cesena, the Technical Service of the Rivers Basin of

Romagnoli and, for competent controls, to the Territorial Service of the A.R.P.A., District of Cesena.

The Waste P.O. Manager

(Elmo Ricci)

[signed]

[two seals of the Province of Forlì]

[stamp of secretarial fees of €0.52]

[Duty stamp] [stamped] Ministry of Economy and Finance STAMP DUTY €14.62 FOURTEEN/62 Inland Revenue 0D016Z10 00003945 WDA4A0D1 0D02739 28/012/2007 08:59:38 OD01-0009 98D490D49175CE48 IDENTIFICATION No,: 01050868374190


True copy of the original of the electronic document digitally signed by Elmo Ricci on 15/11/2011 14:43:53 pursuant to articles 20,21 and 23 of Legislative Decree 82/2005 ID: 1903003 of 15/11/2011 13:32:47 Protocol: 2011/111095 of 15/11/2011 Determination: 2011/2448 of 15/11/2011 Register: ALBO, 2011/3597 of 15/11/2011

Forlì [handwritten] 17/4/11 Signature [signed]

Province of Forlì- Cesena

TERRITORIAL ENVIRONMENT AND SAFETY

File no. 2011/09.09.03/000030

DETERMINATION No. 2448 of 15/11/2011

SUBJECT: GOBBI SPARE PARTS S.P.A. - CESENA, VIA CAPANNAGUZZO No. 3681. NON HAZARDOUS

WASTE STORAGE PLANT (R13) LOCATED IN THE MUNICIPALITY OF CESENA - VIA CAPANNAGUZZO

No. 3681. VARIATION IN THE LEGAL STATUS AND COMPANY NAME FROM GOBBI SPARE PARTS S.R.L.

TO GOBBI SPARE PARTS S.P.A

[Duty stamp] [stamped] Ministry of Economy and Finance STAMP DUTY €14.62 FOURTEEN/62 Inland Revenue 0D014536 00003946 WDCY6001 0D08842 17/11/2011 17:50:18 OD01-0009 D1624FA85563855C IDENTIFICATION No,: 01092944801417




THE WASTE ORGANISATION POSITION MANAGER

Whereas:

Legislative Decree 3 April 2006, no. 152 “Norms on environmental matters” came into force on

29/04/2006;

under the aforementioned Decree the competencies inherent to issuing authorisations related to

exercising operations of disposal and recycling of waste, governed, amongst others, by article

208;

the Region of Emilia-Romagna, by its Law no. 5 of 1 June 2006, under chapter II, confirms the

environmental functions conferred to the Provinces and the Municipalities by the regional

legislation in force as at the date of effectiveness of Legislative Decree 3 April 2006, no. 152,

thereby acknowledging that the Entity within the Province is designated with issuing the

authorisations for waste disposal and recycling operation.

Having emphasised that, by act no. 798 of 20/12/27, protocol no. 109149/07, GOBBI SPARE PARTS

S.r.l. was issued, pursuant to art. 210 of Legislative Decree 152/06 as amended, authorisation to

exercise the operation of non hazardous waste storage (R13) at the plant located in the Municipality of

Cesena - via Capannaguzzo no. 3681 (Località Macerone);

In view of communication of 08/09/2011, filed under provincial protocol no. 90047/11, by which

GOBBI SPARE PARTS notified a change in its corporate format from limited liability company to

joint stock company and contextual assumption of the company name GOBBI SPARE PARTS S.p.A.;

In view of the notice of initiation of the procedure of 12/09/2011, protocol no. 90889/11, sent to the

company pursuant to articles 7 and 8 of Law 241/90, as amended;

Having acknowledged that, by note of 06/10/2011, protocol no. 99067/11, a request for further

information was sent to the company in question;

In view of the supplementary documents sent by the company on 19/10/2011, protocol no. 103482/11;

Having acquired, on 24/10/2011, the certificates from the Criminal Records Office for directors vested

with legal representation;

Having acquired, on 10/11/2011, the Certificate of Registration in the Chamber of Commerce,

Industry, Small Businesses and Agriculture of Forlì-Cesena of GOBBI SPARE PARTS S.p.A.,

including the anti-mafia statement (as per Presidential Decree 03/06/1998, no. 252;

In view of Legislative Decree 3 April 2006, no. 152 “Norms on environmental matters” as amended

and supplemented by Legislative Decree 4/08 and by Legislative Decree 205/10;

In view of Regional Council Resolution no. 1991/03;

In view of art. 107 of Legislative Decree 267/00 “Consolidated act for the laws on the regulations for

local entities”

Having emphasised that this measure has the nature of a merely managerial act;

In view of art. 43 of the Statute of the Province of Forlì- Cesena and art. 24 of the Regulation on the

general regulations for Offices and Services;

In view of the determination of the Territorial Environment and Safety Service Manager no. 121 of

18/01/2010, protocol no. 3838/10, assigning the Organisational Position for “Waste” management to

the Territorial Environment and Safety Service until 31/12/2011;



DETERMINES

To acknowledge the act of variation to corporate format of GOBBI SPARE PARTS

from limited liability company to joint stock company and contextual assumption of the

company name GOBBI SPARE PARTS S.p.A;

To transfer, in favour of GOBBI SPARE PARTS S.p.A., the authorisation issued by

act no. 798 of 20/12/2007, provincial protocol no. 109149/07, to exercise non-hazardous waste

(R13) at the plant located in the Municipality of Cesena - via Capannaguzzo no. 3681

(Località Macerone);

ORDERS

That within 90 days from the date of this act the financial guarantees that GOBBI

SPARE PARTS S.r.l. has already given to the Province of Forlì-Cesena pursuant to Regional

Council Resolution no. 1991/2003 to exercise the plant described hereabove are updated with

reference to its new company name, GOBBI SPARE PARTS S.p.A. Failure to observe the

provisions of this point shall lead to revocation of the authorisation no. 798 of 20/12/2007,

provincial protocol no. 109149/07, subject to notice to fulfil.

Acknowledges that all the conditions and prescriptions contained in authorisation no. 798 of

20/12/2007, provincial protocol no. 109149/07, as amended and not expressly amended in this act

remain in force. This measure shall be kept together with the acts of authorisation and exhibited

at the request of the supervisory bodies.

Without prejudice to the rights of third parties pursuant to the law.

An appeal can be lodged against this act in accordance with the law alternatively to the T.A.R. of

Emilia-Romagna or to the Head of State within 60 and within 120 days, respectively, from receipt of

this act.

Sends this measure to GOBBI SPARE PARTS S.p.A., the Department of Public Health of the U.S.L.

of Cesena, the Municipality of Cesena, the Technical Service of the Romagna Basin and, for competent

controls, to the Territorial Service of the A.R.P.A., District of Cesena.

THE HOLDER OF TERRITORIAL

ENVIRONMENT AND SAFETY POSITION

RICCI ELMO

[seal of the Province of Forlì]

[stamp of secretarial fees of €0.52]

Province of Forlì- Cesena

Territorial Environment and Safety Service

Waste Management and Planning Office

Recorded delivery no.

Protocol no. [hw] 121063/11

File no. 2011/09.09.03/30

FL/tc

Forlì, 21 December 2011

Subject: Art. 208 of Legislative Decree 152/06 as amended , GOBBI SPARE PARTS -

Cesena, Via Capannaguzzo no. 3681. Notification of variation to corporate format from limited

liability company to joint stock company and contextual assumption of the company name

GOBBI SPARE PARTS S.p.A.

Communication of acceptance appendix No. 2 of Policy No. 063954822

MESSRS.

GOBBI SPARE PARTS SR. L.

VIA CAPANNAGUZZO, 3681

47521 CESENA

We hereby communicate that appendix No. 2 of Policy No. 063954822 of 02/12/11

issued by Allianz S.p.A. concerning the update related to the financial guarantee in reference to

the new company name Gobbi Spare Parts S.p.a., for the exercise of the plant located in Via

Capannaguzzo no. 3681, is conform to the prescriptions under the Determination of transfer no.

2448 of 15/11/2011.

This note must be kept in attachment to the aforementioned determination in order to

validate the effectiveness, to all effects, of such authorisation and must be exhibited to

supervisory bodies.

Yours sincerely

The Waste P.O. Manager

(Elmo Ricci)

[signed]

Manager: Mr. Elmo Ricci Piazza G. B. Morgagni,

9-47121 Forlì

Telephone 0543/714213 - Fax 0543/447213 e-

mail: [email protected]

certified email.: [email protected] website:

www.provincia.fc.it

Documents

Authorisation no. 798 of 20 December 2007 Protocol no ......Cesena, Gobbi S.r.l. exercises the activity of recycling non hazardous waste pursuant to articles 31 and 33 of Legislative