New utility service for waste management. Legislation on the provision of solid waste removal services
Appeals to the Tariff Committee St. Petersburg For questions about the new payment system for utility services for the management of municipal solid waste, please contact us through the service " ".
Questions and answers:
1. When will the MSW management service become part of public utilities?
In accordance with the provisions of the Federal Law of December 25, 2018 No. 483-FZ “On Amendments to Article 29.1 of the Federal Law “On Industrial and Consumption Waste”” subjects of the Russian Federation - cities of federal significance, including St. Petersburg, have the right not to apply until 01.01 .2022 provisions of the Federal Law of June 24, 1998 No. 89-FZ related to the activities of the regional operator for the management of MSW. In this connection, at a meeting with the participation of the Acting Governor St. Petersburg and members of the Government St. Petersburg a decision was made to introduce a moratorium on the activities of the regional operator for the management of MSW in the territory St. Petersburg until December 31, 2019.
Thus, the fee for the utility service for the management of solid waste until the specified date will be charged as part of the fee for the maintenance of residential premises per 1 m 2 of the total area of residential (non-residential) premises.
Owners of premises in an apartment building, guided by the provisions of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) and other regulatory legal acts, will have to decide on setting the amount of fees for the service for handling solid waste for 2019 based on the decision of the general meeting of owners in the apartment building and establish such a fee per 1 m 2 of the total area of residential (non-residential) premises.
Moreover, in accordance with Part 2 of Article 39 of the Housing Code of the Russian Federation, the share of mandatory expenses for the maintenance of common property in an apartment building, the burden of which is borne by the owner of the premises in such a house, is determined by the share in the right of common ownership of the common property in such a house of the specified owner.
It should be noted that the Housing Code of the Russian Federation does not provide for differences in the procedure for establishing the amount of payment for the maintenance of common property in an apartment building for owners of premises in an apartment building, depending on the type of premises (Part 4 of Article 162 of the Housing Code of the Russian Federation). Payment for the maintenance of residential premises is established in the same amount for all owners of residential and non-residential premises in an apartment building.
2. How will the charge for the service for handling solid waste be calculated for a citizen?
The principle of forming a citizen's payment for the service of handling solid waste is determined by the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as the Rules). According to the Rules, the amount of payment for utility services for the management of MSW is determined based on the standard for the accumulation of MSW, the number of citizens permanently and temporarily residing in residential premises and the approved uniform tariff for the service of the regional operator for the management of MSW.
3. Are standards for the accumulation of solid municipal waste on the territory approved? St. Petersburg?
By Order of the Committee dated April 14, 2017 No. 30-r “On establishing standards for the accumulation of solid municipal waste on the territory St. Petersburg» MSW accumulation standards have been established for multi-apartment and individual residential buildings, as well as for non-residential premises (public facilities, trade and cultural institutions) built into apartment buildings.
4. What tariffs will be approved by the Tariff Committee St. Petersburg in the field of MSW management?
In accordance with the Decree of the Government of the Russian Federation dated May 30, 2016 No. 484 “On pricing in the field of municipal solid waste management”, the Regulations on the Committee, approved by the Government Decree St. Petersburg dated September 13, 2005 No. 1346, the Committee establishes a single tariff for the service of a regional operator for the management of MSW and tariffs for processing, neutralization and disposal for operators for the management of MSW operating in the territory St. Petersburg.
5. How can a single tariff for the service of a regional operator for the management of MSW be differentiated? Will there be any differentiation in St. Petersburg?
The rules for regulating tariffs in the field of municipal solid waste management, approved by Decree of the Government of the Russian Federation dated May 30, 2016 No. 484 “On pricing in the field of municipal solid waste management,” provide for the possibility of differentiating tariffs in the field of MSW management both by type of MSW and waste hazard classes , and for municipalities.
The decision on differentiation of a single tariff for the service of a regional operator will be made by the Committee if there is an appeal from the regional operator, based on economically justified costs corresponding to the specified differentiation.
6. How to pay for the service of handling MSW in non-residential premises, if at the disposal of the Tariff Committee St. Petersburg No. 30-r dated April 14, 2017, do not provide standards for the accumulation of solid waste for a specific type of non-residential premises?
The standards for the accumulation of solid waste, approved by Order of the Committee dated April 14, 2017 No. 30-r (hereinafter referred to as Order 30-r), are applied to public facilities, trade and cultural institutions (hereinafter referred to as organizations) built into apartment buildings.
At the same time, the list of types of organizations for each category is not exhaustive. According to the Committee, the standards for the accumulation of MSW, approved by Order No. 30-r, also apply to organizations with similar conditions of economic activity.
At the same time, in accordance with the Rules for commercial accounting of the volume and (or) mass of MSW, approved by Decree of the Government of the Russian Federation dated June 3, 2016 No. 505, the volume of MSW generation for calculating the fee for the service for the collection and removal of MSW is determined in the following ways:
1) based on standards for the accumulation of MSW, expressed in quantitative terms of volume, or the number and volume of containers for accumulation of MSW installed in places of accumulation;
2) based on the mass of solid waste determined using measuring instruments.
Thus, the calculation of fees for the service for handling MSW can be carried out on the basis of taking into account the actual volume of accumulation of MSW, provided that a separate collection point (container site) for MSW is organized for the relevant organization.
7. Do the MSW accumulation standards take into account the volume of accumulation of bulky waste for citizens living in apartment buildings?
In accordance with the Rules for determining standards for the accumulation of solid municipal waste, approved by Decree of the Government of the Russian Federation dated 04.04.2016 No. 269 “On determining standards for the accumulation of solid municipal waste”, the Committee carried out 4 stages of actual measurements of the volume of MSW accumulation on the territory St. Petersburg, including in residential premises of apartment buildings. At each stage of measurements for this category, the volume of both small household waste and bulk waste was taken into account.
Based on the results of measurements taken for apartment buildings, the Committee established a weighted average standard for the accumulation of solid waste, taking into account the volume of accumulation of bulky waste.
8. Why, given the current practice of charging for MSW in apartment buildings “per square meter”, did the Committee establish standards for the accumulation of MSW “per person”?
According to paragraph 14 of the Rules for determining the standards for the accumulation of solid municipal waste, approved by Decree of the Government of the Russian Federation dated 04.04.2016 No. 269 “On determining the standards for the accumulation of solid municipal waste,” the units of account are determined for each category of objects by the authorized body. As part of this work, the Committee monitored public opinion on the issue of choosing units of account in order to establish standards for the accumulation of solid waste in apartment buildings. The results of public opinion monitoring showed that 36.9% of respondents voted for the units of measurement m 3 /m 2, kg/m 2, 63.1% of respondents voted for the units of measurement m 3 / person, kg / person.
When choosing accounting units, the Committee also proceeded from the fact that MSW is generated in the process of human life, and the volume of its formation depends to a greater extent on the number of people living in the residential premises than on the area of the residential premises.
Thus, when approving standards for the accumulation of solid waste for apartment buildings, in order to provide fair and understandable payment for citizens, “cubic meters/person” and “kg/person” were defined as the calculation unit of measurement.
9. Who should enter into an agreement for the provision of municipal solid waste management services with a regional operator? Can a regional operator refuse to conclude such an agreement?
According to Part 1 of Article 24.7 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste,” regional operators enter into contracts for the provision of services for the management of municipal solid waste with the owners of municipal solid waste, unless otherwise provided by the legislation of the Russian Federation. The contract for the provision of services for the management of municipal solid waste is public for the regional operator. The regional operator does not have the right to refuse to conclude an agreement for the provision of services for the management of solid municipal waste to the owner of solid municipal waste that is generated and the accumulation sites of which are located in the area of its activity.
10. In what form should an agreement be concluded with a regional operator?
An agreement for the provision of services for the management of solid municipal waste is concluded between the consumer and the regional operator, in whose area of activity solid municipal waste is generated and the places of their collection and accumulation are located, in accordance with the form of a standard agreement for the provision of services for the management of solid municipal waste, approved Resolution No. 1156 “On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641.”
11. How will the conditions for the provision of public services for the management of solid municipal waste to owners of premises in an apartment building be determined?
In accordance with paragraph 148(4) of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, for owners of premises in an apartment building, depending on the chosen method of managing the apartment building, conditions the provision of public services for the management of municipal solid waste to owners of residential premises is determined by:
a) in a management agreement for an apartment building concluded by the owners of premises in an apartment building or the management body of a partnership or cooperative with the management organization;
b) in an agreement on the provision of public services for the management of municipal solid waste, concluded by a partnership or cooperative with the owners of residential premises in an apartment building in which the partnership or cooperative was created;
c) in contracts for the provision of services for the management of municipal solid waste, concluded by the owners of residential premises in an apartment building with the corresponding regional operator for the management of municipal solid waste.
12. How will the conditions for the provision of public services for the management of solid municipal waste to tenants and tenants of residential premises in apartment buildings be determined?
In accordance with paragraph 148(6) of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as the Rules), the conditions for the provision of utility services to the tenant, borrower under a gratuitous agreement use of the premises by the tenant of the residential premises are determined in accordance with paragraph 11 of the Rules:
a) in a rental agreement, including a social rental agreement, a rental agreement for specialized residential premises, an agreement for the rental of privately owned residential premises - for the tenant of residential premises under such an agreement;
b) in an agreement for gratuitous use - for the borrower under such an agreement;
c) in a residential lease agreement or other agreement on the provision of residential premises for possession and (or) use, concluded by the owner of the residential premises with a legal entity that can use the residential premises only for the residence of citizens.
13. What are the features of the contractual relationship between the owners of non-residential premises in an apartment building with the regional operator for the management of municipal solid waste?
In accordance with the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354, the owner of non-residential premises in an apartment building, in order to ensure the management of solid municipal waste, enters into an agreement for the provision of services for management of municipal solid waste directly with the regional operator for the management of municipal solid waste. The specified agreement is concluded in the manner and in accordance with the requirements established by the civil legislation of the Russian Federation and the legislation of the Russian Federation in the field of management of industrial and consumer waste.
The owner of a non-residential premises in an apartment building is obliged to provide the management organization, partnership or cooperative of the apartment building in which the owner's non-residential premises are located, data on the volume of utility services for the management of solid municipal waste consumed during the billing period under the specified agreement, within 3 working days from the day the request was received from them.
The above provisions do not apply to persons who are the owners of areas allocated in an apartment building for parking spaces.
14. If individuals or a legal entity have already concluded and have a valid contract for the removal of MSW, should an agreement be concluded with a regional MSW operator?
According to Part 4 of Article 24.7 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste,” owners of municipal solid waste are required to enter into an agreement for the provision of services for the management of solid municipal waste with a regional operator in whose area of activity municipal solid waste is generated and there are places where they accumulate.
In accordance with paragraph 6 of Article 23 of the Federal Law of December 2, 2014 No. 458-FZ, contracts concluded by the owners of municipal solid waste for the collection and removal of municipal solid waste are valid until the conclusion of an agreement with the regional operator for the management of municipal solid waste.
15. Who should pay for the maintenance of container sites?
In accordance with paragraph 13 of the Rules for the management of municipal solid waste, approved by Decree of the Government of the Russian Federation dated November 12, 2016 No. 1156 (hereinafter referred to as the Rules for the management of solid waste), the burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the loading site of solid waste municipal waste located in the local area, which is part of the common property of the owners of premises in an apartment building, is borne by the owners of premises in the apartment building.
At the same time, according to subparagraph d(2)) of paragraph 11 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491, the maintenance of the common property of the owners of premises in an apartment building includes, including the maintenance of places where solid utilities are accumulated waste in accordance with established requirements.
In accordance with paragraph 26(1) of the minimum list of services and works necessary to ensure proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated 04/03/2013 No. 290, the composition of works and services for the maintenance of common property in an apartment building includes , including the organization and maintenance of places where solid municipal waste accumulates, including maintenance and cleaning of garbage chutes, garbage collection chambers, and container sites.
According to paragraph 13 of the Rules for the management of solid waste, the burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the loading site for solid municipal waste that is not part of the common property of the owners of premises in apartment buildings is borne by the owners of the land plot on which such waste is located sites and territory.
At the same time, the regional operator is responsible for the management of municipal solid waste from the moment such waste is loaded into a garbage truck at the places of collection and accumulation of municipal solid waste.
16. When and by whom was the competitive selection of a regional operator for the management of municipal solid waste (hereinafter referred to as MSW) organized and the conclusion of an agreement?
On the issue of selection by constituent entities of the Russian Federation of regional operators for the management of MSW in accordance with the Rules for the competitive selection of regional operators for the management of MSW by authorized executive authorities of the constituent entities of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 5, 2016 No. 881, was published in December 2017 notice of a competitive selection for assignment of the status of a regional operator for the management of MSW and the right to conclude an agreement on the organization of activities for the management of MSW in the territory St. Petersburg.
Improvement Committee St. Petersburg A competitive selection was held for assignment of the status of a regional operator for the management of MSW and the right to conclude an agreement on the organization of activities for the management of MSW.
Based on the results of the competitive selection, agreements were concluded on January 30, 2018 with St. Petersburg State unitary enterprise "Plant for mechanized processing of household waste" (hereinafter - St. Petersburg TUP "Plant MPBO-2") on the organization of activities for the management of MSW (in the area of activity of the regional operator No. 1 and the area of activity of the regional operator No. 2).
17. When and by whom will separate collection of MSW be organized?
Issues of phased implementation of the system of separate accumulation and collection of MSW are assigned to the person selected St. Petersburg Regional operator within the framework of the Agreement on the organization of activities for the management of municipal solid waste concluded on January 30, 2018 (hereinafter referred to as the Agreement). The responsibilities of the Regional Operator established by the Agreement include the responsibilities for installing “eco-terminals” within walking distance for collecting hazardous waste from the population.
The phased organization of separate collection will be carried out within the framework of concluded agreements between the Regional Operator and management organizations in accordance with the requirements of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” within the time limits established by the Agreement.
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Better known as solid waste, municipal solid waste is the remains of products and items that have been used in everyday life and have lost their consumer characteristics. Let's figure out what MSW or MSW is?
Federal Law No. 458 of December 29, 2014 - Federal Law introduced changes to the very concept of solid waste. A new term has appeared, TKO. What is municipal solid waste? This is household waste from residential buildings. But the concept of solid waste is broader; it also includes waste generated at enterprises, similar in composition to household solid waste. The concept of municipal solid waste includes several more groups of waste.
All municipal solid waste can be divided into two groups:
- Biological waste.
- Household waste, in other words, ordinary garbage.
Thus, MSW is the most diverse group of waste. Of all the diversity, the main varieties can be distinguished:
- biological remains
- synthetic MSW
- cellulose
- petroleum products
MSW management
Changes in federal law also affected the removal of solid waste. If previously management companies had to do this, they also set the cost of removal for residents. Now this is the responsibility of regional operators. A specific export scheme has been established. The waste is transported to a nearby MSW landfill.
It is worth understanding that it is impossible to suddenly switch from the old system to the new one. This is planned to be done gradually. The reference year is 2017. The rules for handling municipal solid waste are prescribed in regulatory documents and are gradually being finalized.
Regional operator
This term refers to a legal entity involved in the management of solid waste in a designated area. To do this, it is necessary to conclude an agreement for the provision of services with management companies or directly with the owners.
The operator is selected through competition. The contract with him is concluded for a period of 10 years. Previously, the fee for this service was calculated based on the area of the premises available to the owner. Now the fee will be set based on the standard for municipal solid waste per person.
The accumulation standard is the average volume of MSW per unit of time, according to Federal Law No. 89.
MSW disposal
There are several ways to get rid of unwanted junk.
Burial
The most financially profitable way. But at the same time, it has a detrimental effect on nature and irrationally occupies the territory. MSW storage is carried out in special landfills and landfills equipped with the necessary facilities.
Burial sites should be located outside residential, recreational, water protection zones, medical institutions, and places of public recreation. The burial of radioactive, toxic, that is, hazardous waste is unacceptable.
During the decomposition of waste, harmful fumes are produced. They cause damage to the soil, nearby ground and surface water, the atmosphere, and can also cause harm to humans. When gases are released, there is a high probability of their ignition. In such a situation, landfill gas requires proper handling, that is, it needs to be collected and disposed of.
The advantage of this method is its low cost. But at the same time, this requires large territories, which in the future will be unsuitable for economic work and life. To correct the situation it will be necessary to spend a lot of time and invest a lot of money in it.
Burning
The most popular way. At the exit, ash is formed, occupying significantly less space than the original MSW. As a rule, the remaining ash is removed. This method has disadvantages. During the combustion of MSW, large amounts of toxic substances are released.
Residues of substances have a detrimental effect on the nature in the vicinity of this place. To get rid of this disadvantage, it is necessary to use afterburning furnaces. They neutralize harmful substances. Modern incinerators have a cleaning system and an electricity generator.
The advantages of this method are low financial costs and a reduction in the volume of balances. In addition, the heat released during the combustion process can be used to generate electricity and for heating. The main disadvantage is toxicity.
A type of combustion is pyrolysis - thermal decomposition of waste in the absence of air. It helps preserve the environment.
Composting
Thanks to composting, up to 30% of MSW is recycled, this applies to safe organic waste. To facilitate the fight against MSW, their systematic sorting is necessary. Increasingly, in Russian yards you can see containers for certain types of MSW. For example, containers for plastic containers, broken glass, paper.
Garbage containers for hazardous MSW are becoming increasingly popular:
- used batteries
- used thermometers
- old lamps
To prevent hazardous household waste from causing irreparable harm to the environment, it must be sorted.
Recycling
MSW is a sought-after recyclable material; the recycling of household waste makes it possible to produce a large number of products, for example, paper products, glass containers, and various scraps of metal and plastic.
Recycling waste into recyclable materials allows not only to reduce the amount of waste disposed of, but also to save natural resources, the number of which is decreasing every year.
Types of waste suitable for recycling:
- Scrap of ferrous and non-ferrous metals. Metal residues are sorted through a magnetic separation process, pressed, packaged and sent to foundries for remelting.
- Plastics. Reusing polymer residues is problematic due to the degree of contamination. In addition, recyclable materials do not meet quality requirements. It is more expensive to process polymers into recycled materials than to produce primary ones. Recycling is carried out only if there are no strict requirements for the resulting material.
- Glass container. Used for the production of technical glass used in construction. To do this, cullet is sorted, cleaned, dried, crushed and heated, followed by remelting.
- Waste paper. After collecting paper waste, the raw materials are first sorted. Afterwards, waste paper is obtained and cleaned. The pulp may subsequently be bleached and ultimately sent to paper production. New paper is produced using recycled and virgin raw materials combined.
- Wood. This material is in demand in construction. Recycling allows you to save on the costs of producing primary products.
- Used electronics. When recycling used electronic circuit boards, you can obtain gold, silver, palladium, as well as nickel, iron, copper and glass polymers. The sorted metal is then sent to a smelting furnace.
- Petroleum products. Asphalt, bitumen, oils.
Each type of waste has its own processing technology. Mixed MSW is sorted using various types of separation.
MSW handling - what is it on the receipt? This year, a phased transition to MSW (municipal solid waste management service) began from the municipal solid waste removal service. From this article you will learn the intricacies of working with regional MSW operators, when changes will affect you and whether you will have new responsibilities.
Formally, the term “municipal solid waste” was introduced on January 1, 2016 and replaced MSW (municipal solid waste), and the management of MSW became one of the public services. This is provided for in Part 4 of Art. 154 Housing Code of the Russian Federation. From January 1, 2019, the payment procedure for MSW has changed.
To begin the transition in practice, it was necessary to first create a legal framework. In 2016–2017 the foundation was laid:
- Rules for the management of municipal solid waste MSW were approved (Resolution of the Government of the Russian Federation dated November 12, 2016 No. 1156);
- changes have been made to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354). These innovations are provided for by Decree of the Government of the Russian Federation dated February 27, 2017 No. 232 (hereinafter referred to as Resolution No. 232).
Who will provide public services for the management of solid waste?
You will provide this utility together with the regional MSW management operator. You are responsible for maintaining the waste accumulation site (container site), and the regional operator is responsible for providing the waste management itself starting from the accumulation site.
Services for the removal of solid waste/solid waste are excluded from the maintenance and repair of common property.
If the apartment building is not equipped with a centralized drainage system, then the removal of liquid household waste, as before, is the responsibility of the organization managing the apartment building (subclause “e”, clause 11 of the Rules for the maintenance of common property in apartment buildings, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as Rules No. 491), clause 26 of the Minimum list of services and works necessary to ensure proper maintenance of common property, approved by Decree of the Government of the Russian Federation dated April 3, 2013 No. 290 (hereinafter referred to as the Minimum List).
When will the new utility system start working?
The regional operator begins its work if two conditions are met:
- A single tariff for MSW management has been approved in a constituent entity of the Russian Federation.
- The executive authority of a constituent entity of the Russian Federation and the regional waste management operator entered into an agreement with each other.
2019
By this year, the transition from solid waste to solid waste management will be completed.
These conditions must be met by January 1, 2019. Such requirements are established by Part 20 of Art. 12 of Federal Law No. 176-FZ dated June 29, 2015 and clause 2 of Resolution No. 232.
Until the two conditions indicated above are met in your region, you continue to remove solid waste and collect fees for it in the old way.
How to work with a regional operator
You will need to conclude a standard contract for the provision of utilities for the management of solid waste with a regional operator. Then you can legally provide this utility service to consumers. This is provided for in clause 148(7) of Rules No. 354. The standard form of the agreement was approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156.
- Solid waste management and the main problems on the way to its optimization
Agreements with premises owners for the provision of new services for the management of solid waste
You will provide waste management services to the container site and enter into an agreement with the owners of the premises in the apartment building.
What kind of agreement will need to be concluded depends on the method of managing the apartment building:
- when managing a management facility - a management agreement for apartment buildings. Concluded between the management company and the owners of residential premises and parking spaces, persons who received premises from the developer, or the developer, partnership or cooperative;
- when managing HOAs, residential complexes, housing cooperatives - an agreement on the provision of utility services for the management of solid waste. It is concluded between a partnership or cooperative and the owners of residential premises and parking spaces.
With the direct method of managing apartment buildings, an agreement for the provision of services for the management of solid waste with a regional operator is concluded by the owners of premises in the apartment building.
This procedure is enshrined in clause 148(4) of Rules No. 354.
Requirements for the provision of municipal services for the management of solid waste
The main requirement is the frequency of waste removal. The frequency depends on the outside temperature:
- in the cold season (at an average daily temperature of 5 °C and below) - at least once every three days;
- in the warm season (at an average daily temperature above 5 °C) - at least once a day (daily removal of MSW).
Permissible deviation of terms - no more than:
- 72 hours (total) within one month;
- 48 hours at a time at an average daily air temperature of 5 °C and below;
- 24 hours at a time when the average daily air temperature is above 5 °C.
For your information
The regional operator must send you an offer to conclude an agreement within a month from the date of receipt of the appropriate status. Regardless of the method of management of apartment buildings, the regional operator enters into an agreement for the provision of services for the management of solid waste with the owners of non-residential premises (paragraph 3, clause 148(1) of Rules No. 354).
For every 24 hours of deviation in total during the billing period in which it occurred, the fee is reduced by 3.3%.
The requirements are established in Section. VII of Annex 1 to Regulation No. 354.
The municipal solid waste management system is not provided for general household needs. This is provided for in paragraph 148(29) of Regulation No. 354.
MSW charge on utility bill
When the new order comes into effect in your area, you will be required to exclude garbage collection fees from your residential maintenance fees. “Management of solid waste” will need to be indicated as a separate line on the receipt.
The fee will be calculated based on the number of consumers permanently and temporarily residing in the premises, unless a constituent entity of the Russian Federation has made a decision to calculate the fee based on the total area of the residential premises.
The amount of payment for CG in the receipt for the management of solid municipal waste for the consumer is calculated according to formulas 9(1)-9(8) of Appendix 2 to Rules No. 354 (clauses 148(30), 148(31), 148(38)) . The calculation procedure depends on two factors:
- whether the government authority of a constituent entity of the Russian Federation made a decision on calculating fees for the management of solid waste based on the total area of the residential premises;
- MSW is collected and accumulated separately or without separation in the MKD.
- On optimization of solid waste management in the housing and communal services system
- organization and maintenance of such places, including maintenance and cleaning of garbage chutes, garbage receptacles, container sites;
- organizing the collection of waste of I–IV hazard classes (hereinafter referred to as hazardous waste), for example, waste mercury-containing lamps;
- transfer of hazardous waste to organizations licensed to collect, transport, process, dispose of, neutralize and dispose of such waste.
This is provided for in sub-clause “d(2)” clause 11 of Rules No. 491 and clause 26(1) of the Minimum List.
From July 1, 2018, cities and towns in the south of the Kemerovo region switched to a new form of waste management. In this regard, consumers have many questions. We asked you to answer the most common ones
Head of the appeals processing department Deryabin Marin.
- Why was it necessary to create a regional waste management operator?
The regional operator bears full responsibility for the collection, transportation, processing, disposal, neutralization, and disposal of municipal solid waste. This means that not a single garbage truck should drive past a municipal solid waste (MSW) landfill and dump the garbage somewhere in a forest on the edge. Previously, some waste haulers allowed themselves to do similar things in order to save on waste disposal vouchers. This is confirmed by the numerous piles of garbage in the suburban forests - these are clearly not leftovers from a picnic. The re-operator is responsible for ensuring that new unauthorized landfills do not appear and existing unauthorized landfills disappear.
- Why was only the southern part of the Kemerovo region transferred to the new waste management procedure?
The Kemerovo region is divided into 2 zones: “South” and “North”. In one of them, the competition for selecting an organization that will receive the status of a Regional Operator was held within the deadlines established by law, in the other, it was slightly delayed. From January 1, 2019
the northern part of the region will also switch to a new waste management procedure. This is not a whim of some official, but a requirement of federal law.
Can homeowners in an apartment building regulate the amount of fees for waste management, for example, by concluding an agreement for waste removal not every day, but once every 2 days?
The population's payment for waste management is based on the formula: the waste accumulation standard is multiplied by the tariff for EKOTEK LLC and divided by 12 months. These standards and tariffs are approved by the Resolutions of the Regional Energy Commission of the Kemerovo Region. The frequency of waste removal is approved by sanitary rules. The general meeting of owners does not have the authority to change any of these documents.
As a draft law, there is a discussion about a possible reduction in waste management fees for separate collection of MSW, but this mechanism has not yet been approved.
- Will there be discounts on payment for waste collection and removal services? Where to go to get them?
Since July 1, 2018, the service for collection, removal and disposal of solid waste has been classified as a public utility service. Accordingly, it is subject to all the benefits that are provided for other public services. To receive compensation, you must contact the social welfare department at your place of residence. There is an important nuance: compensation is provided only if there is no debt for housing and communal services.
- Who is obliged to enter into an agreement with the Regional Operator?
Such an agreement must be concluded by all legal entities, owners of private houses, owners of premises in apartment buildings. If residents of an apartment building have decided to switch to direct contracts with the regional operator and provided a protocol on such a decision, the contract is considered concluded with all residents, otherwise the contract is concluded by the Management Company. For owners of premises in apartment buildings, an agreement for the provision of services for the management of solid waste, in accordance with the law, is a public offer. That is, execution of the contract in writing is not mandatory. Owners of private houses must themselves enter into an agreement for the management of MSW with a regional operator and pay him directly according to the issued receipts.
The agreement form is posted on the official website of Ecotek LLC on the Internet. You cannot refuse to enter into an agreement.
- Why doesn’t the Regional operator remove construction and other waste?
Organizing the removal of construction waste is the responsibility of the owner. He himself must take care not only of who will repair his apartment, but also of who will then take out his waste for proper disposal. This rule of law is not new, it’s just
management companies trained people to remove all waste, including construction waste, from the container site. The standard for waste accumulation and, accordingly, the fee for waste management services does not include construction waste. This means that if the management company takes it out, it will issue an additional bill to the house. If the owners are ready to pay for the removal of construction waste for a negligent neighbor, then let them pay. If they want to save money on their house account, then they need to help the management company identify the owner of construction waste and ensure that he himself organizes its removal and transfer for recycling.
- Who is responsible for cleaning up the container site?
In accordance with the requirements of the law, its owner is responsible for the sanitary maintenance of the waste accumulation site. If a container site is installed next to an apartment building, then responsibility, depending on the form of management chosen by the owners, lies with the management organization or the partnership of real estate owners. The responsibility of the regional operator arises from the moment the waste is loaded into the garbage truck.
Should the owner of a private house pay for waste removal if he does not have any, because he burns the garbage or buries it on his property?
For residential building owners, concluding contracts for MSW management services is mandatory. An exception can be made only if the place where the waste is buried meets all sanitary requirements and standards, which is impossible to fulfill in a private household. It is prohibited to burn waste without special equipment that purifies emissions. Plus, to handle waste of hazard classes I-IV, a license is required. For violating all these rules, the owner of the house or land can be fined. Therefore, the easiest way would be to conclude an agreement with RO.
Will the regional operator be responsible for cleaning roads in the winter in the private sector, because otherwise there is no way to get to the waste accumulation sites for their removal?
Local government bodies of the municipality are required to organize road clearing in the private sector in winter. STOS or street committees can be of great help in this matter. The regional operator, like the fire brigade or ambulance, is not involved in clearing snow from private roads.
One of the tasks of the regional operator is to combat unauthorized landfills. Is this work also included in the waste management tariff?
The regional operator is obliged to respond to requests received to it regarding unauthorized landfills: go to the site, draw up a report, photograph the violation, determine the coordinates of this place and send a notification demanding that the waste accumulation be eliminated to the owner of the land plot on which it was found. If the owner does not liquidate the landfill on his own within 30 days, then the regional operator is obliged to remove it with subsequent recovery in court
expenses incurred.
- Where to go if the payment receipt indicates a larger number of residents than actually exists?
If the fee for the removal and disposal of MSW is calculated incorrectly, then you can contact the district office of the regional operator Ecotek LLC in your city or call the multi-channel phone number 8-800-550-52-42.
To make adjustments, you must provide relevant supporting documents. For example, if one person is registered in an apartment, and the fee is charged for two, then you need to provide a certificate from the MFC about the number of registered people (apartment
card).
- Who should I contact regarding non-removal or poor-quality removal of MSW?
In this case, you can contact your management organization or directly to the RO by phone 8-800-550-5242 (multi-channel operator telephone).
Methods of feedback from Ecotek LLC:
Phone: 8-800-550-52-42
E-mail address: [email protected]
Subscriber service departments of Ecotek LLC:
Prokopyevsk, Yesenina st., 48, 1st floor
At the beginning of 2016, a new clause on the removal of solid municipal waste appeared in receipts for payment of housing maintenance.
What does this concept mean?
Solid municipal or, as they are also called, household waste includes a fairly wide list: waste from residential and industrial, commercial and public premises, fallen leaves, remnants of repair materials, waste from yard areas, spoiled food.
In other words, they include everything that ends up in garbage containers near high-rise buildings.
Municipal solid waste also differs in the method of processing and handling, source of origin, level of hazard, composition and other characteristics.
However, not everything can be thrown into bins in the yard. The law specifies the rules for handling and clear separation of municipal waste.
Can be thrown into trash containers:
- wood and plant waste;
- small debris collected by wipers (dust, cigarette butts, etc.);
- food waste and spoiled food;
- textile items
- materials used for packaging (cardboard), waste paper and newspapers.
The following should not be thrown into trash containers:
- bulky waste after renovation;
- liquid and oil products;
- pet feces;
- expired medications and other pharmaceutical waste;
- toxic substances.
All this garbage must be removed individually with the help of special services. This is especially important for municipal waste hazardous to health, such as broken light bulbs and used energy-saving lamps.
You need to know the basic rules for handling them.
Such things contain mercury, which even in small quantities has a detrimental effect on human health.
Most of us do not think about the consequences that are possible due to violations of the rules for handling municipal waste. Garbage can sit in containers for several days and cause unpleasant consequences: contamination (in the case of organic waste), poisoning (mercury) and possible fire.
It is important to follow the handling rules and teach this to your children. After all, the health of those around you and your family directly, as well as the environmental situation as a whole, depends on how seriously you take them.
The minor inconvenience of calling special services cannot be compared with the danger to which innocent people are exposed.
Amendments to the law on municipal waste accumulation
Recently, several significant amendments have been made to the legal act for the accumulation of municipal solid waste.
- The distinction between waste from industrial and residential areas has been abolished.
- The organization of a unified control system for the disposal of all waste is prescribed.
- A new calculation of payment for the removal of household waste has been determined.
- Standards have been introduced for the accumulation of waste per inhabitant of an apartment or entirely from a retail space per area.
- To resolve all organizational issues in the regions, a MSW operator is appointed. His appointment is carried out by the administration bodies (a competitive selection is carried out). The main requirements: availability of serviceable transport for waste removal and permission for this activity from Rospotrebnadzor.
Over the past year, various tests have been carried out, as a result of which standards for solid waste accumulation were developed and calculated. This is exactly what the new column in the payment receipt for housing maintenance reflects.
Determination of standards for the accumulation of municipal waste
The new instructions clearly define the standards for each category of persons who are subject to the rules of treatment.
These include:
- owners of residential premises;
- owners of adjacent territories;
- individual entrepreneurs renting production premises.
The standards are determined using special measurements once a season carried out by the MSW operator. To do this, choose a residential area in which at least 2% of the total population is concentrated for small cities, 1% for large cities and 0.5% for cities with a population of over a million.
To carry out such measurements, special equipment is used - special containers and large plastic bags. The separation of solid waste from all three categories is clearly monitored and the possibility of mixing is eliminated. After such work has been carried out, a waste report must be compiled for each day.
The next step is to calculate additional coefficients using specially derived formulas:
- average daily standard;
- average quantitative standard for each season;
- annual standard (daily rate multiplied by the number of days in a year);
- average monthly standard.
After the experimental containers are filled, the mass and volume of waste is measured.
To do this, a number of steps are performed.
- Leveling all waste.
- Using a special ruler, the volume of collected waste is measured. The measurement takes place from top to bottom, and the length of the ruler is one and a half meters.
- A dynamometer is used to measure the mass, and then the mass of the empty tank is subtracted from the obtained value.
- If the weight of the waste is less than 10 kg, it can be weighed using a loading vehicle.
All obtained results are entered into a special table, after which the average value is displayed for all types of solid waste separately (residential, household, industrial).
The MSW operator is an entrepreneur who is legally responsible for all payments made and carries out further work with them.
What do the norms depend on?
Ordinary residents of apartment buildings are probably wondering what the standards given in the receipts depend on, why are they not the same for everyone?
They are influenced by the following factors:
- level of amenities of the living space (presence of a central heating system, sewage system, etc.);
- availability of containers for separate collection of various types of waste (plastic, paper, etc.). (in this case, the mass of solid waste is significantly less);
- weather conditions (for example, in the northern regions of our country the heating season has been significantly extended);
- presence of green plantings in the local area.
To accurately compile standards, data from developed and undeveloped areas is used. The method of heating your home is of great importance.
After a complete study, a sanitary passport is drawn up for each type of premises, which, without fail, indicates the number of people living in the high-rise building (for entrepreneurs - places in a cafe or restaurant); level of improvement and grooming of the surrounding area (presence of landscaping work and sidewalk paths).
If separate waste collection takes place, data on its measurement shall be indicated.
MSW standards for each person
For uniform calculations within the whole country, a special instruction has been created, which specifies approximate savings rates for each consumer.
They are:
- average daily for the year;
- average daily for the season;
- average annual
They are calculated taking into account population density.
- comfortable housing (there is central heating, gas and water supply, waste collection is carried out separately);
- poor housing (stove heating, lack of constant water supply and sewerage, waste collection is not carried out, private houses are allocated separately);
- liquid waste (a separate line includes waste accumulating in basements and cesspools).
The final decision on the amount of standards for the accumulation of municipal solid waste is made by local governments. They are adjusted every 5 years.
Temporary standards
Such standards are valid for individual entrepreneurs while the MSW operator takes measurements and calculates constant indicators.
The calculation of temporary standards is based on the occupation of each specific organization. Usually the average value of the amount of garbage is used. According to the instructions, temporary standards should be adjusted once a year.
Each type of activity has its own coefficient. To calculate the number of waste accumulations, it is multiplied by the existing standards and the number of working days.
Now the average temporary standards are used by many areas of individual business: stores (household, grocery, manufactured goods), trays and sales tents, transport offices, various service enterprises.
The calculation of temporary standards does not include bulky waste. If such waste appears, it is included in the calculations and multiplied by a factor of 1.5. For large cities, the rate of accumulation of solid waste from production is at least 2 times less than from residential areas.
New standards. Are they necessary?
The adopted law on municipal waste management is aimed, first of all, at maintaining a favorable environmental situation in places where large numbers of people live. In addition, real indicators of solid waste accumulation in production are being calculated.
The measures taken will help:
- increase the number of enterprises involved in solid waste disposal;
- establish safe disposal of hazardous waste and proper handling of it;
- build new plants to process certain types of waste;
- destroy illegal landfills and bring to justice those responsible for their creation.
The instructions for the solid waste management law clearly define disposal measures for manufacturing enterprises. Now special organizations responsible for waste disposal will not be able to refuse to accept waste. Accordingly, the need for unauthorized landfills will disappear.
New rules for handling municipal waste in a difficult environmental situation couldn’t come at a better time. Their compliance, both by ordinary owners of residential premises and by production companies, will ensure cleanliness and order in every city.