Final weeks before the entry into force of the “Consolidated text for the regulation of the urban waste management service quality”(TQRIF) at Arera, scheduled for 1 January 2023: What steps should be taken from a regulatory standpoint?
Then the new ones are indeed clear Contractual and technical quality obligations for urban waste management services provided for by the resolution and the indicators and their general standards to be complied with (we explored the topic here: https://www.sikuel.it/gestione-rifiuti/delibera-15-arera-tqrif/); another aspect may appear more complex: the adaptation of existing regulatory and legislative provisions to what has been established by the Arera resolution, or their introduction into current documents.
One Premise The necessary point is that these are service obligations incumbent upon all operators, regardless of their positioning in the regulatory matrix established by the territorially competent body, unlike what happens with the standards relating to contractual and technical quality.
Sikuel offers regulatory consulting and support services. to the Bodies involved in this process, through an initial phase of assessment and discussion on the new obligations concerning urban waste management and the collection of existing documentation (environmental hygiene regulations, tax regulations, and service charter, if applicable) and, subsequently, with the implementation of the necessary corrections for adaptation.
But what are the Regulatory modifications to be carried out to comply with the new Arera regulations?
Adjustment of the Tari/Tarip Regulation
The ARERA resolution requires an update of the regulatory provisions not already covered by Law 147/2013 and Legislative Decree 116/2020 – in accordance with the principle of hierarchy of sources. Specifically, this involves refining:
- the methods for activating the service;
- the procedures for variation or termination of the service;
- the procedures for submitting written complaints and for correcting amounts charged;
- the procedures for handling user written requests;
- the payment term;
- requests for rectification of amounts charged but not due;
- the terms, conditions, and payment methods for Tari (waste tax) and for the equivalent charge system;
- refunds;
- the collection frequency;
- The payment instalment options.
Furthermore, the manager is obliged to prepare documents and templates that include minimum information to be provided to the user to inform them about the terms of service provision and the actions they can take.
➤ Trust Sikuel: here's how we help you
Our service consists of the regulatory review of all application aspects of the tax and the harmonisation of the Tari (Waste Tax) regulations with the environmental hygiene regulations for the purpose of drafting the Service Charter, if not already in existence, or its amendment.
In addition, to support the manager in the preparation of the required documentation, our service includes the review or preparation, where lacking, of the models to:
- Service activation request (formerly TARI opening declaration) in line with the requirements of art. 6.3 of the TQRIF;
- Acknowledgement of the service activation request containing elements as per Article 7.1 of the TQRIF.;
- request for change/termination of service containing all the fields required by art. 10.3 of the TQRIF;
- Acknowledgement of the request for modification/termination of the service containing the elements referred to in article 11.1 of the TQRIF;
- request for correction of amounts;
- drafting of a complaint model;
- layout of a template for responding to information requests, complaints or disputes regarding amounts, containing the elements required by Articles 18.1, 18.2 and 18.3 of the TQRIF;
- the adaptation (for Maggioli's digitised bodies) or support for the revision of the payment notice;
- the supervision of issue dates and payment deadlines.
Amendment of the environmental hygiene regulations
The new provisions introduced by Arera also directly affect the environmental hygiene regulations. One example, above all, is the identification of the quality profiles characteristic of the various urban hygiene services.
➤ What can Sikuel do for you?
Our intervention consists of the analysis of the current document with a view to adopting the Arera provisions and then harmonising the discipline with the tax regulations and defining the service charter.
Drafting of the service quality charter
According to Article 5 of the TQRIF/Arera, the territorially competent Authority must adopt a quality charter for the urban waste management service, to be published on the operator's website. The charter must indicate the positioning of the management within the matrix of regulatory schemes, and specify, with reference to each service, the obligations and expected quality levels for the services provided and their modes of access, including the rules of interaction between users and the urban waste management service operator.
➤ Contact Sikuel for your quality charter.
Sikuel's regulatory assistance service for drafting the quality charter includes several interventions:
- support to the tariff manager in the drafting and/or updating of their service charter;
- technical support (Waste collection and transport, street washing and sweeping) to the adaptation of its service charter;
- in the event of a plurality of managers for individual services, the integration into a single coordinated text of the contents of the Quality Charters prepared by individual operators, each for the services within their respective remit;
- support for the territorially competent body for the approval of the service charter for each individual management.
They complete the regulatory update process for the launch of TQRIF in two steps:
- Toll-free number management for users to contact free of charge;
- Support to the organisation in the preparation of reports and the statement, according to the adopted scheme, to be sent to the Authority, certifying the services subject to the measurement of general quality levels, and in the processing of all administrative documents necessary for the approval of the Municipal Council or Board.
