Extrajudicial warning for material damage from obsolete drinking water values according to Legislative Decree 2001 n. 31 – Implementation of Directive 98/83/EC relating to the quality of water intended for human consumption: extrajudicial warning for material damage from obsolete values of drinking water according to Legislative Decree 2001 n. 31 - Implementation of Directive 98/83/EC relating to the quality of the waters intended for human consumption with this one intends to submit to the attention of the authorities mentioned above, The serious situation that afflicts the municipalities of the Neapolitan, due to the insalubility of water and in particular to material damage, economic as well as to the damage to the health of citizens who descend from the hardness of the waters. This situation now involves the entire Neapolitan hinterland, So much so as to push numerous users to turn to our study for the purpose of protection against the responsible subjects. Preliminarily, It is observed that the legislation on the matter (d.lgs. 31/2001) divides the waters between those treated or not treated, intended for drinking use, for the preparation of food and drinks, or for other domestic uses, provided through a distribution network, by cisterns, bottles or in containers. Among these waters there are also the waters used by food companies for manufacture, treatment and consumption on the market of products or food substances. Made this premise, To fully understand the question, It should be noted that by hardness of the water we mean the amount of calcium and/or magnesium salts contained in it. More particularly, There are two types of hardness, temporary and permanent ones, whose sum constitutes the total hardness of the water. For temporary hardness, We mean the one deriving from hydrogen-carbonate (a bicarbonati), components that are eliminated by boiling water. Permanent hardness instead, is due to the presence of chlorides, Solfates and nitrates of calcium and magnesium, components that do not alter the boil and that, therefore, remain in solution. It goes without saying that the greater the concentration of limestone in the water, the greater the hardness of the same, as well as damage to users. To worsen the situation now described, The age and lack of maintenance and controls of the pipes contributes. Another consequence of this is that the water of illegal wells manages to enter the urban pipes, Especially in the province where there is "a high incidence of private wells without authorization connected to aqueducts", with "scarce prevention to avoid the reflux". As, in particular with the low pressure of the summer months, landfills poisons can end up in all taps. Add to this that in half of the wells, Experts find a substance used as an industrial solvent – il Pce o tetracloroetene – Considered at risk of cancer. There are also harmful levels of copper and products used to prick the water. Orbene, In this regard, I state pointing that from the analyzes carried out by independent bodies, as well as by ABC itself (Common good water), It emerged that in the Neapolitan area, The values on the hardness of the water – which should be included in the interval between the 15 and i 50 °f (French degrees) - are higher than the recommended ones (57 °f), or approximately 70 MG/L of more football carbonate. This data constitutes a real alarm bell for all citizens of the Neapolitan municipality and the province, as, The hardness of the water can only trigger a series of problems. As regards material damage, The main problem consists of the incrustations of the distribution pipes, of internal systems and users. The incrustations in question are determined by the accumulation of limestone and involve negative consequences. In particular, they involve, Not only a low performance of domestic use appliances due to the variation of temperature and pressure, but also, A decrease in hydraulic efficiency that manifests itself with the physical occlusion of the pipes and culminates with corrosion phenomena. Indeed, The inconvenience most complained by citizens are represented by clogged pipes, pressure loss in the water, Rust deposits in pipes, Energy loss in the water circuit, a malfunction of the plants. In fact, from these circumstances, A continuous repair and replacement of domestic equipment descends (especially water heaters, washing machines, dishwasher and irons) with a consequent disbursement of money from users. To this is added that a high hardness of the water (parameter - repeats itself – which indicates the content of football salts, of magnesium dissolved in water as carbonates, bicarbonates, sulphates, chlorides and nitrites) Rende, so, non -drinking water. Not only. A high hardness of water attracts a greater use of softeners rather than detergents, involving a further economic aggravation for citizens. All this involves significant economic damage for all users. Analyzing the most particular problem, it is to highlight that limestone does not damage only appliances (dishwasher, washing machines, water heater…) But also the taps, Hygiene of dishes, The domestic hot water system, heating, pipes and solar collectors. Hard water is not suitable for personal hygiene, in fact it can damage hair and skin of the hands and face, Furthermore, not everyone knows that with the classic washing with excessively hard water, The fabrics tend to tickle and lose brilliance. In the long run, Limestone deposits cover electrical resistance, For this reason, the washing machine struggles to heat the water in the washing from 30 ° C up with a consequent expenditure - it is repeated – energy. The water makes more turns around electric resistance because it cannot warm up, Consequently it goes to deposit more limestone ... a real vicious circle that brings only negative consequences. More, a high hardness of the water lowers the efficiency of detergents and causes problems with gaskets and filters as above all observed. Unfortunately, limestone is also formed inside the boiler causing malfunctions of the hot water and heating production system. Among the main causes the loss of efficiency between the 15 and the 17% annual to which the 5/6% on the heating circuit. Limestone, Indeed, can encrust pipes, can encrus parts of the equipment by ruining them, It can prevent the correct flow of water inside the pipes or the exchanger can create boiler problems with excessive production of noise and loss of heat. To keep the boiler in perfect condition, Before serious problems and malfunctions are created, Washing with chemicals will often be resorted to. In this regard, news of a few days ago is reported, precisely from 29.01.2023, reported by the "Positano News" online newspaper that headlines :"Plan of Sorrento , Watering alarm from the water and blocking of boilers on the coldest days of the year "according to which many phenomena have occurred in Piano di Sorrento according to what has been reported so far. We read, Indeed, In the aforementioned article that a user made his boiler repaired three times over a year for a cost of euros 200,00 for each intervention. The point of the question is, Therefore, investigate those who seriously seriously carry out control over the potability or not of the water and therefore to those who can contact citizens in order to exercise the right to the damages request for damages. If on the one hand, The property of water resources, superficial and underground, it is always public, on the other, its management, is put back in the hands of public or private companies. Exist, In fact, four types of control: Direct management (Municipalities directly manage water resources and their disbursement) that serves the 12% of the Italian population; public management (that is, made by companies with the entirely public capital) who reach the 55% of the population; Mixed management (that is, made by companies with a mixed capital, public and private) that arrive at 30% of residents in Italy, and the management entrusted to fully private companies, which are decidedly minority and serve the 3% of total users. The water comes, therefore, distributed by the water service manager, that is, the one who provides water to third parties through autonomous water systems or cisterns, fixed or mobile (D.Lgs. 31/2001). In this regard, the Supreme Court of Cassation has ruled that: “With regard to public drinking water distribution service, The entrusting by the Municipality of the said service to a dealer entails, for the latter, the obligation to keep the distribution system in good condition ". In particular, The jurisprudence has sanctioned that the omitted supply of drinking water generates significant inconveniences such as: the difficulty of providing personal hygiene and of the house, the impossibility of using hot water and appliances, The need to draw water from other neighboring municipalities in order to meet primary and basic life needs. The aforementioned inconveniences, who affect the quality of life of citizens, right constitutionally guaranteed by art. 2 of the Constitutional Charter, bring out the users to emerge further damage that should be compensated, or existential damage. So, There is no doubt, that each user should be compensated as well as for undergoing patrimonial damages – come, by way of example, The outlay of sums of money for the supply of drinking water at private dealers – also for health damage in case of use, for food use, water.
They cannot, therefore, neglect, damage to the health of citizens who derive from the use of unhealthy and hard water, given the high presence of limestone. For these reasons it seems legitimate to ask how it is possible, that water, which by law is monitored by special institutes, can be characterized by values above the normal safety threshold with a consequent pollution of the same as well as a serious prejudice to the health of users. IL D.LGS. 31/2001 It offers very precise definitions regarding water distribution. The pipes, the fittings, The equipment installed between the taps normally used for the provision of water intended for human consumption and the external distribution network represent the domestic distribution system. So, If the water service, consists in the administration of the water resource and in the supply of sewer and purification services, it follows that if one of its components are missing, The fee relating to the service is not paid not paid. As recently supported by the Court of Cassation if the water that descends from the tap of the home is not drinkable, The user has the right from the reduction of the fee and to compensation for damage. As known, One of the voices of the water service invoice is the purification fee, but it is clear that if the non -prodability of the water is proven, You cannot ask for a payment for a service never rendered. Therefore, The user will be entitled, at least, to reimburse all the amounts paid in the last five years, By way of this phantom performance. Ma, In addition to the return of these sums, The user will be entitled to compensation for economic damage if he demonstrates the use of alternative sources (Useful could be the receipts of the supermarket for mineral water boxes). The declared need to proportion the extent of the damage to the severity of the non -fulfillment, Indeed, for the failure to use water as they are not drinkable or harmful to the health of consumers, imposes an assessment that goes beyond the only contractual accounting data (entity of the rate or expenditure for the consumption of water in the relative bill) but requires an examination of the prejudice to health as a constitutionally guaranteed and inviolable right of the person. As anticipated, The Court of Cassation sanctioned the obligation for water managers, to compensate citizens for the damage suffered by the non -potability of the water. According to the Supreme Court, in fact, The manager who has committed himself to the administration of the water, must resort to alternative supply sources compared to those declared out of law, without waiting that those who have polluted the measures to face the emergency. Lastly, The court has focused on the close interdependence between the correct execution of the service, by the public body and the payment of the consideration (through the so -called "bill") by the citizen. In particular, If the body does not fulfill the obligations that derive from the contract (contract that requires three distinct services to the Municipality: the supply of water, the collection and transport of urban waste to the purification system, and the relative purification of these waste), A refund is due to the citizen. Therefore, It is clear that the damage from water pollution due to its hardness, therefore to the high presence of limestone, are compensable both in the same way as the patrimonial damage (unduly paid fee for non -drinking water, costs for repair and replacement of plants, pipes and appliances, Costs for alternative sources) both as a non -pecuniary damage (damage to health, biological damage and existential damage).For Mero Tuziorismo, the sentence n.901/18 is recalled with which the Court of Cassation specified that the existential damage is not always linked to biological damage. In fact, All those harmful events that prevent the individual from accessing the typical activities of daily life are framed in the category of existential damage, proper to the human person. Consequentially, It is clear that the prejudices and harmful events that all citizens are forced to undergo, Due to the non -pruning of water, can be included in the item of existential damage, In addition to that of damage to health and patrimonial damage. On this point, It should be noted that, The problem of water pollution, and therefore the non -potability, more and more common, influences not only the life of the current generation, but also that of future generations, since its effects remain over time. Water intended for human consumption, Indeed, It should be "drinking" where it means a water that in addition to being clear, colorless, tasteless and odorless, does not contain microorganisms and parasites or other substances, In quantities or concentrations such as to represent a potential danger to human health, such as the contraction of infectious diseases, nervous system diseases, Renal and bone diseases. With the present, so, The ministries involved and the provisions and regulators of the water is asked to ministries, In the people of the legal representatives P.T., The numerous damage suffered to appliances were expected, to the elements of daily use as well as indirectly to the person all, 1) to indicate the methods and timing of the controls carried out on the potable waters, intended for consumption; 2) to indicate the data collected or the identified values of substances present in the water that crosses the pipes daily and that, It is normally used for daily needs; 3) to indicate whether the same values identified, they rise to harmful textures for man or of what is possession (es: Objects used for daily needs as washing machines, coffee machine, washing machine, filters ...);4) to indicate any proposed solutions, Also alternatives to CDs. softeners, possibly also experienced, resolutive of the evident organoleptic capacity harmful of water, object of consumption by man; 5) to indicate any legislative proposals and/or conventions relating to the use of softeners or alternative instruments, suitable to resolve the harmful of water. They are invited, also, The owners and/or managers of the management of the structures and buildings in which the water is provided to the public, on which there is an obligation to control the health of the same, to carry out the appropriate checks mentioned above. More particularly, as regards the figure of the condominium administrator, on the same weighs the obligation to verify the state of adequacy and maintenance of the system. In other words, The administrator has the responsibility of ensuring that the water potability requirements are not altered for causes attributable to the condominium water network. On this point, Directive 2015/1787/EU is applied to the control and analysis of potable waters, Received with D.M. 14 June 2017. The aforementioned Directive changed the previous 98/83/EC of the Council, implemented with D. lgs. 31/2001 mentioned above as modified by the D. lgs. 27/2002. The legislation aims to protect public health from the negative effects deriving from contamination of water intended for human consumption, guaranteeing healthy and cleaning; mira, Also to verify that the measures provided to contain the risks for human health, throughout the hydro-power supply chain, are effective and that the waters are healthy and clean at the point where the values must be respected. So, in the absence of the above, will not hesitate to act in your damage, compulsive the competent civil and criminal authorities, for the compensation for compensation for rights and interests injured against the citizen as a single and as a category.
So much considered a duty to expose and trust in prompt feedback to this, The occasion is welcome to offer you cordial greetings.
