Resolution on the regional operator. Formation of a capital repair fund on the reoperator’s account
1. Collection, transportation, processing, disposal, neutralization, burial of solid municipal waste on the territory of the subject Russian Federation are provided by one or more regional operators in accordance with the regional program in the field of waste management and the territorial waste management scheme.
2. Accumulation, collection, transportation, processing, disposal, neutralization, burial of solid municipal waste are carried out in accordance with the rules for handling solid waste municipal waste, approved by the Government of the Russian Federation (hereinafter referred to as the rules for handling municipal solid waste).
(see text in the previous edition)
3. Management of municipal solid waste, which is waste from the use of goods, is carried out taking into account the specifics established in Article 24.2 of this Federal Law.
4. A legal entity is assigned the status of a regional operator and its area of activity is determined on the basis of a competitive selection, which is carried out authorized body executive power of a constituent entity of the Russian Federation in the manner established by the Government of the Russian Federation.
5. The status of a regional operator is assigned for a period of no more than ten years. A legal entity may be deprived of the status of a regional operator on grounds determined by the rules for handling municipal solid waste.
(see text in the previous edition)
(see text in the previous edition)
7. The area of activity of a regional operator is the territory or part of the territory of a constituent entity of the Russian Federation in which the regional operator operates on the basis of an agreement concluded with the executive authority of the constituent entity of the Russian Federation in accordance with this article.
8. The area of activity of the regional operator is determined in the territorial waste management scheme.
9. Unless otherwise established by federal law, the areas of activity of regional operators must cover the entire territory of a constituent entity of the Russian Federation and must not intersect.
ConsultantPlus: note.
Clause 10 Art. 24.6 applies from the date of conclusion of the agreement on MSW between the constituent entity of the Russian Federation and the regional operator; regarding the agreement between the city federal significance and other subjects of the Russian Federation - from the date of entry into force of the agreement, but no later than 01/01/2021; after 07/01/2020, disagreements under the agreement are considered by the Government of the Russian Federation.
10. Municipal solid waste management operators, regional operators are required to comply with the municipal solid waste flow scheme provided for by the territorial waste management scheme of the constituent entity of the Russian Federation on the territory of which such operators operate. Municipal solid waste management operators owning facilities for processing, neutralization, and disposal of municipal solid waste, data on the location of which is included in territorial scheme waste management are required to accept solid municipal waste generated on the territory of a constituent entity of the Russian Federation and received from other constituent entities of the Russian Federation, taking into account the agreement concluded between the constituent entities of the Russian Federation, only on the basis of agreements concluded with regional operators on the implementation of regulated activities in the field of waste management municipal solid waste and has no right to refuse to conclude such agreements.
This is not the first year that the country has been reforming waste management. The state, having given most concerns into the hands of business, is trying to form a system of control over the activities of operators for handling municipal solid waste (hereinafter referred to as MSW). The most important task on near future— make sure that MSW always ends up at the processing or disposal facility. It is necessary to exclude any possibility for the driver of each particular garbage truck to deviate from the given route. Modern technologies provide assistance in this difficult task.
The Ministry of Construction of Russia has prepared a draft Resolution of the Government of the Russian Federation “On Amendments to Certain Acts of the Government of the Russian Federation” (hereinafter referred to as the developer, draft act). The draft act was developed in pursuance of clause 2 of the Schedule for the preparation of regulatory legal acts on behalf of the Government of the Russian Federation dated March 15, 2017 No. AH-P10-18pr (hereinafter referred to as the order), according to which it is necessary to establish:
Requirements for equipping vehicles transporting solid waste with navigation equipment;
Requirements for weight control systems and photo and video recording systems at waste disposal sites (hereinafter referred to as WRO).
The draft act proposes to establish duty of operators to handle MSW carrying out activities for processing, neutralization, disposal of MSW, until 01/01/2019 equip used by them objects with means of measuring solid waste mass, which are an integral part automatic system control and accounting of volume and (or) mass of MSW.
Extraction
from the draft act
[…]
« automatic system for monitoring and recording the volume and (or) mass of solid municipal waste- complex technical equipment And software, which includes means of measuring the mass of solid municipal waste and means of photo and video recording, and ensures transmission to automatic mode information into the unified state information system for accounting for waste from the use of goods, through information subsystems that ensure interaction with other information systems”;
[…]
At the same time, the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” (as amended on December 28, 2016; hereinafter referred to as Federal Law No. 89-FZ) requires that facilities for the processing, neutralization, and disposal of MSW be equipped with means There are no measurements of MSW mass, which are an integral part of the automatic system for monitoring and recording the volume and (or) mass of MSW. Moreover, Federal Law No. 89-FZ does not use the concept of an automatic system for monitoring and recording the volume and (or) mass of MSW.
According to the developer, the proposed regulation will affect the interests of more than 100 thousand participants - MSW management operators. However analysis of expenses of regulated entities was not carried out by the developer. Open Internet data does not contain information about the possible cost of this equipment and the volume of its production. These reasons do not allow us to estimate the volume of supply of such equipment in Russian and/or foreign market. In case of insufficient supply, the entry into force of the draft act may provoke sharp increase demand and as a consequence, increase in price for such equipment.
In addition, the draft act provides for a 4-month period for approval of requirements for an automatic system for monitoring and recording the volume and (or) mass of MSW after it comes into force. If the draft act is adopted in the near future, the requirements for such systems should be established no earlier than February-March 2018, therefore, business entities in less than one year must purchase necessary equipment and ensure its commissioning. Thus, the proposed deadline for fulfilling the obligation (until January 1, 2019) may not only be insufficient, but also inappropriate.
In addition, the mechanism for interaction of the automatic system for monitoring and accounting for the volume and (or) mass of MSW with the Unified State Information System for accounting for waste from the use of goods (hereinafter referred to as Unified State Information System UOIT, system) is unclear. According to sub. 5.2.5 Provisions on Federal service for supervision in the field of environmental management, approved by Decree of the Government of the Russian Federation of July 30, 2004 No. 400 (as amended on July 11, 2016), the functions of the operator of the Uniform State Information System UOIT are performed by Rosprirodnadzor. At the same time, finding the open part of the Uniform State Information System of UOIT is not so easy: well-known Internet search engines do not provide a link to the system address.
You can go to the desired address through the official website of Rosprirodnadzor: Activities - Permitting and accounting activities - Regulation in the field of waste management - Waste disposal facilities - State register of waste disposal facilities. And only after this long search the site opens the system page.
NOTE
To enter the system, you must register on the State Services portal.
Unified State Information System of UOIT (in the open part) is currently a registry database that allows you to fill in the required ORO/type of waste/license number in the search field and obtain a minimum of information upon request. Plus system is the ability to check the counterparty’s license, cons— the inability to download information in the form of a table or other document, the inability to copy information, the lack of data on the total number of information, the number of registry entries, the inability to sort and select several registry entries. At the same time, online data transfer for each MSW processing, neutralization and disposal facility will require completely different system capacities and functions.
However, it is impossible to build a full-fledged MSW management system on the basis of one draft act. The Ministry of Natural Resources of Russia and the Ministry of Transport of Russia are also responsible for their block of work according to the instructions. So, The Russian Ministry of Natural Resources has been instructed to develop:
Draft Decree of the Government of the Russian Federation “On amendments to the Decree of the Government of the Russian Federation dated December 30, 2015 No. 1520 “On a unified state information system accounting for waste from the use of goods"" in terms of establishing the possibility of collecting and processing information on the routes of transportation of MSW from on-board devices satellite navigation GLONASS or GLONASS/GPS, as well as video recording devices;
Draft Order of the Russian Ministry of Natural Resources “On approval of requirements for municipal solid waste disposal facilities”.
BY THE WAY
The rule on the need to establish requirements for MSW disposal facilities has been in effect for almost two years - since 01/01/2016, but to date the corresponding order has not been adopted.
Let us recall that earlier, by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 “On the management of solid municipal waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641”, a requirement was established for the need to equip automobile and railway vehicles used for transportation of solid waste, GLONASS or GLONASS/GPS satellite navigation equipment. This means that all MSW management operators are required to install an on-board vehicle location controller on every vehicle they use. This measure will make it possible to monitor compliance with the new rules for the collection of solid waste and minimize the number of unauthorized dumps.
In its turn, The Russian Ministry of Transport must establish requirements:
On equipping vehicles weighing less than 12 tons with third-party devices;
On the reception and processing of information by the Platon system from third-party on-board devices, automatic MSW accounting devices, photo and video recording devices, as well as the possibility of transmitting information to the Uniform State Information System of UOIT;
On the determination by federal executive authorities of requirements for data transmission systems in the established field of activity.
In an interview for TASS, Deputy Head of the Russian Ministry of Transport E. Dietrich noted the effectiveness of the Platon toll system in the fight against illegal landfills. The Deputy Minister noted that most garbage trucks are already equipped with Platon on-board devices.
FOR YOUR INFORMATION
"Plato" - government system charging a fee to compensate for damage caused highways common use federal significance vehicles that have a permit maximum weight over 12 tons. The Platon tariff from April 15, 2017 is 1.9 rubles/km.
It is worth noting that all of these innovations will be paid for by MSW management operators themselves. However, their costs and the possible increase in the tariff for the removal of MSW for the population were not calculated.
M.E. Babich, consultant of the assessment department in the field of transport, communications and ecology of the Department of Regulatory Impact Assessment of the Ministry of Economic Development of Russia, Master of Law from the Research University " graduate School economics"
In accordance with the Federal Law “On Production and Consumption Waste”, the Government of the Russian Federation decides:
1. Approve the attached Rules for the management of municipal solid waste.
2. Approve the attached form standard contract for the provision of services for the management of municipal solid waste.
3. Subparagraph "d" of paragraph 1 of the Decree of the Government of the Russian Federation of August 25, 2008 No. 641 "On equipping transport, technical means and satellite navigation equipment systems GLONASS or GLONASS/GPS" (Collected Legislation of the Russian Federation, 2008, No. 35, Art. 4037) shall be supplemented with the words "transportation of solid municipal waste."
Rules
solid municipal waste management
I. General provisions
1. These Rules establish the procedure for the collection, transportation, processing, disposal, neutralization and disposal of municipal solid waste, as well as the grounds on which a legal entity may be deprived of the status of a regional operator for the management of municipal solid waste (hereinafter referred to as the regional operator).
2. The following concepts apply in these Rules:
"bunker" - a waste container designed for storing bulky waste;
"removal of solid municipal waste" - transportation of solid municipal waste from places of their accumulation and collection to facilities used for processing, recycling, neutralization, and burial of solid municipal waste;
"container" - a waste container designed for storing solid municipal waste, with the exception of bulky waste;
"container site" - a place of accumulation of solid municipal waste, equipped in accordance with the requirements of the legislation of the Russian Federation in the field of environmental protection and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population and intended for the placement of containers and bunkers;
"bulk waste" - municipal solid waste (furniture, Appliances, waste from routine repairs of residential premises, etc.), the size of which does not allow their storage in containers;
"garbage truck" - a vehicle of category N used for transporting solid municipal waste;
“consumer” is the owner of municipal solid waste or a person authorized by him who has concluded or is obliged to conclude an agreement with the regional operator for the provision of services for the management of solid municipal waste.
3. Collection, transportation, processing, disposal, neutralization, and burial of solid municipal waste are carried out taking into account the environmental legislation of the Russian Federation and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological well-being of the population.
The collection, transportation, processing, disposal, neutralization, and burial of solid municipal waste must be safe for the population and the environment.
4. Management of municipal solid waste on the territory of a constituent entity of the Russian Federation is provided by regional operators in accordance with the regional program in the field of waste management, including municipal solid waste, and the territorial waste management scheme (hereinafter referred to as the waste management scheme) on the basis contracts for the provision of services for the management of municipal solid waste concluded with consumers.
Regional operator carries out collection, transportation, processing, disposal, neutralization, burial of solid municipal waste independently or with the involvement of operators for handling solid municipal waste.
5. 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 contract for the provision of services for the management of solid municipal waste , approved by resolution Government of the Russian Federation dated November 12, 2016 No. 1156 “On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation dated August 25, 2008 No. 641.”
6. The regional operator, within a month from the date of granting it the status of a regional operator, is obliged to send to all consumers at apartment building or a residential building, the address indicated in the Unified State Register of Legal Entities or in the Unified State Register of Individual Entrepreneurs, a proposal to conclude an agreement for the provision of services for the management of municipal solid waste and a draft of such an agreement.
7. If, before the date of commencement of waste management specified in the agreement concluded by the executive authority of the constituent entity of the Russian Federation and the regional operator (hereinafter referred to as the agreement) in accordance with the Federal Law "On Production and Consumption Waste", the regional operator has not concluded agreements for provision of services for the management of municipal solid waste to consumers; the municipal service for the management of municipal solid waste is provided by the regional operator in accordance with the terms of the agreement.
8. An agreement for the provision of services for the management of municipal solid waste is concluded for a period not exceeding the period for which the legal entity is assigned the status of a regional operator.
II. The procedure for collecting and transporting municipal solid waste
9. Consumers store solid municipal waste in the places of collection and accumulation of solid municipal waste, determined by the contract for the provision of services for the management of solid municipal waste, in accordance with the waste management scheme.
If the waste management scheme does not contain information about the places of collection and accumulation of solid municipal waste, the regional operator sends information about the identified places of collection and accumulation of solid municipal waste to the executive authority of the constituent entity of the Russian Federation that approved the waste management scheme for inclusion in it information about places of collection and accumulation of solid municipal waste.
10. In accordance with the contract for the provision of services for the management of solid municipal waste in places of collection and accumulation of solid municipal waste, storage of municipal solid waste is carried out by consumers in the following ways:
a) into containers located in garbage collection chambers (if there is an appropriate in-house engineering system);
b) into containers, bunkers located on container sites;
c) in bags or other containers provided by the regional operator.
11. In accordance with the contract for the provision of services for the management of solid municipal waste in places of collection and accumulation of solid municipal waste, storage of bulky waste is carried out by consumers in the following ways:
a) into bunkers located on container sites;
b) at special sites for storing bulky waste.
12. Removal of bulky waste is provided in accordance with the legislation of the Russian Federation by the regional operator, including at the request of consumers, or by consumers themselves by delivering bulky waste to the site for storage.
The locations of such sites are determined in accordance with waste management schemes and are specified in the contract for the provision of services for the management of municipal solid waste.
13. 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 sites where municipal solid waste is collected and accumulated. At the same time, the burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the loading site of solid municipal waste, located in the local area, which is part of the common property of the owners of the premises in apartment building, are borne by the owners of premises in an apartment building.
14. The person responsible for the maintenance of container sites, special sites for storing bulky waste in accordance with the contract for the provision of services for the management of municipal solid waste, is obliged to ensure that information about the serviced consumer facilities and the owner of the sites is posted on such sites.
It is prohibited to store burning, glowing or hot waste, bulky waste, snow and ice, lighting fixtures and electric lamps containing mercury, batteries and accumulators in containers. medical waste, as well as other waste that may cause harm to the life and health of persons loading (unloading) containers, damage containers, garbage trucks, or disrupt the operation of facilities for processing, neutralizing, and burying solid municipal waste.
Dangerous substances classified as dangerous goods in accordance with these Rules are prohibited for transportation within the framework of these Rules. European agreement on the international road transport of dangerous goods. The regional operator is prohibited from collecting and transporting the specified hazardous substances(cargo) as part of or under the guise of municipal solid waste.
15. Consumers are prohibited from storing solid municipal waste in places of collection and accumulation of solid municipal waste that are not specified in the contract for the provision of services for the management of solid municipal waste.
Consumers are prohibited from storing municipal solid waste outside containers or in containers not intended for such types of waste, except in cases established
16. If the regional operator discovers a storage site for municipal solid waste, the volume of which exceeds 1 cubic meter. meter, on a land plot not intended for these purposes and not specified in the agreement (hereinafter referred to as the place of unauthorized disposal of municipal solid waste), the regional operator is obliged within 5 working days:
a) notify in any way that allows you to obtain confirmation of delivery of such notice, the owner of the land plot, the authority local government and the body exercising state environmental supervision on the discovery of a place of unauthorized disposal of municipal solid waste;
b) notify in any way that allows you to obtain confirmation of delivery of such a notice, the owner of the land plot about the need to liquidate the site of unauthorized disposal of solid municipal waste within 30 days after receiving the notification and send him a draft agreement for the provision of services for the elimination of the identified site of unauthorized disposal of solid municipal waste.
17. If the owner of the land plot, within 30 days from the date of receipt of the notification from the regional operator, did not ensure the liquidation of the site of unauthorized disposal of solid municipal waste independently and did not enter into an agreement with the regional operator for the provision of services for the elimination of the identified site of unauthorized disposal of solid municipal waste, the regional operator within 30 days after sending the notification to the owner of the land plot, the site of unauthorized disposal of municipal solid waste will be eliminated. In this case, the regional operator has the right to go to court with a demand for recovery of expenses incurred.
18. The owner of a land plot is obliged to independently ensure the elimination of the site of unauthorized disposal of municipal solid waste or enter into an agreement for the provision of services for the elimination of the identified site of unauthorized disposal of municipal solid waste with a regional operator.
19. In cases established by the legislation of a constituent entity of the Russian Federation, consumers are required to separate municipal solid waste by type of waste and store sorted municipal solid waste in separate containers for relevant types solid municipal waste.
The implementation of such separation of solid municipal waste does not entail the need for the consumer to obtain a license to collect, transport, process, dispose of, neutralize, and dispose of waste of I-IV hazard classes.
20. Waste collection electronic equipment carried out in accordance with the procedure for collecting solid municipal waste (including separate collection), approved by the authority state power subject of the Russian Federation.
21. It is prohibited to organize places for collecting waste from use consumer goods and packaging that has lost its consumer properties, included in solid municipal waste, at container sites and special sites for storing bulky waste without the written consent of the regional operator.
22. Collection of waste from the use of consumer goods and packaging that have lost their consumer properties, included in solid municipal waste, can be carried out by organizing stationary and mobile waste collection points, including through automatic waste collection devices.
23. In order to ensure the collection and transportation of municipal solid waste, the regional operator has the right to attract operators for the management of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste, on the basis of an agreement for the provision of services for the collection and transportation of solid municipal waste at a price determined parties to such an agreement, with the exception of cases where prices for services for the collection and transportation of solid municipal waste for a regional operator are formed based on the results of tenders.
24. Under an agreement for the provision of services for the collection and transportation of municipal solid waste, the municipal solid waste operator, carrying out activities for the collection and transportation of municipal solid waste, undertakes to collect and transport municipal solid waste, and the regional operator undertakes to pay for such services.
25. The essential terms of the contract for the provision of services for the collection and transportation of municipal solid waste are:
a) the subject of the contract;
b) the planned volume and (or) mass of transported municipal solid waste, the composition of such waste;
c) frequency and time of removal of solid municipal waste;
d) places of reception and transfer of solid municipal waste, route in accordance with the waste management scheme;
e) maximum permissible value of compaction of solid municipal waste;
f) method of commercial accounting of the amount of municipal solid waste;
g) terms and procedure for payment for services under the contract;
h) rights and obligations of the parties under the agreement;
i) the procedure for the regional operator to control the activities of the operator for handling municipal solid waste, carrying out activities for the collection and transportation of solid municipal waste;
j) responsibility of the parties.
26. The municipal solid waste operator carrying out activities for transporting municipal solid waste must own garbage trucks that meet the general requirements technical requirements and safety requirements established by the legislation of the Russian Federation on technical regulation.
27. Transportation of municipal solid waste using garbage trucks not equipped with satellite navigation equipment is allowed until January 1, 2018.
28. The municipal solid waste management operator, who collects and transports municipal solid waste, does not have the right to transfer municipal solid waste to persons not specified in the contract for the provision of services for the collection and transportation of municipal solid waste.
29. When transporting solid municipal waste, it is prohibited to compact it in excess of the maximum permissible compaction value established by the contract for the provision of services for the collection and transportation of solid municipal waste.
30. For each garbage truck, a route log must be kept in the form approved by the authorized executive body of the constituent entity of the Russian Federation, which indicates information about the movement of the garbage truck and the loading (unloading) of solid municipal waste. Such a log can be kept in in electronic format. The municipal solid waste management operator transporting municipal solid waste is obliged, within one working day, to provide the regional operator, executive authorities of a constituent entity of the Russian Federation, local authorities upon their request with a copy of the route log, and also ensure access to the information provided by these persons. transmitted using satellite navigation equipment in the manner stipulated by the contract for the provision of services for the collection and transportation of solid municipal waste.
III. The procedure for processing, recycling, neutralization and disposal of solid municipal waste
31. When choosing technologies for processing solid municipal waste, the priority is the technology for automated sorting of solid municipal waste.
32. When choosing technologies for processing, recycling, and neutralization of solid municipal waste, priority is given to technologies that ensure the production of a final product available for use in other technological processes as a feedstock or additive to main raw materials.
33. When processing solid municipal waste, it is necessary to ensure the extraction of waste of hazard classes I and II in order to prevent their entry into solid municipal waste disposal sites.
34. In order to ensure the processing, neutralization, and burial of solid municipal waste, operators for the management of solid municipal waste, carrying out activities for the processing, neutralization, and burial of solid municipal waste in the area of activity of the regional operator, specified in the selection documentation during the competitive selection of the regional operator, enter into contracts with a regional operator for the provision of services for the processing, neutralization, and disposal of solid municipal waste.
35. Under an agreement for the provision of services for the processing, neutralization, and burial of solid municipal waste, the operator for the management of solid municipal waste, carrying out activities for the processing, neutralization, and burial of solid municipal waste, undertakes to carry out the processing, neutralization, and burial of solid municipal waste, and the regional operator undertakes to transfer municipal solid waste to such an operator and pay for services for processing, neutralization, and disposal of municipal solid waste at regulated tariffs.
36. The essential terms of the contract for the provision of services for the processing, neutralization, and disposal of solid municipal waste are:
a) the subject of the contract;
b) requirements for the composition of municipal solid waste transferred to the solid municipal waste management operator, the method of storing municipal solid waste;
c) the planned mass of solid municipal waste sent to the facility used for processing, neutralization, and burial;
d) place of reception (transfer) of solid municipal waste;
e) method of commercial accounting of the amount of municipal solid waste;
f) terms and procedure for payment for services under the contract;
g) rights and obligations of the parties under the agreement;
h) the procedure for the regional operator to control the activities of the operator for handling municipal solid waste, carrying out activities for the processing, neutralization, and burial of solid municipal waste;
i) responsibility of the parties.
37. The billing period under the contract for the provision of services for the processing, neutralization, and disposal of municipal solid waste is one calendar month.
38. The regional operator pays for the services of operators for the management of municipal solid waste, carrying out activities for the processing, neutralization, and burial of solid municipal waste, unless otherwise provided by the contract for the provision of services for the processing, neutralization, and burial of solid municipal waste in the following order:
a) 35 percent of the cost of services for processing, neutralization, and disposal of solid municipal waste in the month for which payment is made is paid before the 18th day of the current month, 50 percent of the cost of these services in the month for which payment is made is paid before the end of the current month ;
b) payment for services actually rendered in the past month for the processing, neutralization, and disposal of solid municipal waste, taking into account funds previously paid by the consumer as payment for such services rendered in billing period, is carried out until the 10th day of the month following the month for which payment is made. If the volume of services actually provided for the processing, neutralization, and disposal of solid municipal waste for the past month is less than the volume specified in the contract for the provision of services for the processing, neutralization, and disposal of solid municipal waste, the excess amount paid is counted against the upcoming payment for the next month.
39. In order to ensure the disposal of solid municipal waste, consumers have the right to enter into contracts for the provision of services for the disposal of solid municipal waste with a regional operator, an individual entrepreneur and (or) legal entity, carrying out activities for the disposal of solid municipal waste, in accordance with the civil legislation of the Russian Federation.
IV. Grounds on which a legal entity may be deprived of the status of a regional operator
40. A legal entity may be deprived of the status of a regional operator on the following grounds:
a) during calendar year through the fault of the regional operator, there were multiple (2 times or more) violations of these Rules, and (or) the terms of contracts for the provision of services for the management of solid municipal waste, and (or) the terms of the agreement regarding the volume (weight) of solid municipal waste generated in the area of activity of the regional operator, confirmed by acts of violation by the regional operator of obligations under the contract, drawn up in the manner prescribed by the form of a standard contract for the provision of services for the management of solid municipal waste, approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 “On the treatment with municipal solid waste and amending the Decree of the Government of the Russian Federation of August 25, 2008 No. 641";
b) during the calendar year, the regional operator committed multiple (2 or more) violations of these Rules and (or) the terms of the agreement, resulting in harm to the life and (or) health of citizens;
c) the debt of the regional operator to pay for the operator’s services for the management of solid municipal waste exceeds a twelfth part of the required gross revenue of the regional operator, determined by the executive body of the constituent entity of the Russian Federation carrying out government regulation tariffs in the field of solid municipal waste management;
d) violation of the flow diagram of solid municipal waste from the sources of their formation to the facilities used for processing, recycling, neutralization, and disposal of waste, established by the waste management scheme.
41. A legal entity deprived of the status of a regional operator is obliged to:
a) fulfill the duties of a regional operator until the day determined by the agreement concluded by the government body of a constituent entity of the Russian Federation with the new regional operator based on the results of a competitive selection;
b) within 10 working days from the date of determining a new regional operator, transfer to it all information and documents necessary for organizing activities for the management of municipal solid waste, including a register of contracts and copies of concluded contracts in the field of waste management.
Standard contract form
for the provision of services for the management of solid municipal waste
(approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156)
STANDARD AGREEMENT
for the provision of treatment services
with municipal solid waste
___________________________ "____" ___________ 20__
(place of conclusion of the contract)
(name of company)
hereinafter referred to as the regional operator, represented by ________________,
________________________________________________________________________
(job title, last name, first name, patronymic of an individual)
indicate what you need)
on the one hand, and _____________________________________________________,
(name of organization, surname, first name,
patronymic of an individual)
hereinafter referred to as the consumer, represented by ____________________________
(Full Name,
_______________________________________________________________________,
passport data - in case of concluding a contract by an individual,
job title, surname, first name, patronymic - in case
conclusion of an agreement by a legal entity)
acting on the basis _____________________________________________,
(regulations, charter, power of attorney -
indicate what you need)
on the other hand, hereinafter referred to as the parties, have entered into this
agreement on the following:
I. Subject of the agreement
1. Under a contract for the provision of services for handling solid municipal waste
waste, the regional operator undertakes to accept solid municipal waste
waste in the amount and place specified in this agreement, and
ensure their collection, transportation, processing, neutralization,
burial in accordance with the legislation of the Russian Federation, and
the consumer undertakes to pay for the services of the regional operator at a price
defined within the limits approved in in the prescribed manner single
tariff for the service of the regional operator.
2. Volume of municipal solid waste, places of collection and accumulation
solid municipal waste, including bulky waste, and
frequency of removal of solid municipal waste, as well as information in
graphical representation of the location of collection and accumulation sites for solids
municipal waste and access roads to them (except for residential
houses) are determined in accordance with the appendix to this agreement.
3. Method of storing municipal solid waste -
________________________________________________________________________,
(garbage chutes and garbage collection chambers, into containers, bunkers,
located on container platforms, in bags or other containers
(specify which ones) provided by the regional operator -
indicate what you need)
including bulky waste -
(in bunkers located on container platforms, on
special storage areas for bulky waste -
indicate what you need)
4. Commencement date for the provision of services for handling solid municipal waste
waste "____" ____________ 20__
II. Terms and procedure for payment under the contract
5. The billing period under this agreement means one
calendar month. Payment for services under this agreement is carried out according to
price determined within the limits approved in accordance with the established procedure
single tariff for the service of a regional operator: _____________________.
(payment amount is indicated
regional operator)
6. Consumer (except for consumers in apartment buildings
And residential buildings) pays for services for handling solid municipal waste
waste in the following order:
35 percent of the cost of solid waste management services
waste in the month for which payment is made is due before the 18th
date of the current month, 50 percent of the cost of the specified services in the month,
for which payment is made is due before the end of the current month;
payment for services actually rendered in the past month
management of municipal solid waste, taking into account the funds previously
contributed by the consumer as payment for such services provided in
billing period, is carried out until the 10th day of the month following
month for which payment is made. If the volume
actually rendered services for handling solid municipal waste
waste for the past month is less than the volume specified herein
agreement, the overpaid amount is counted towards the upcoming
next month's payment.
The consumer in an apartment building or residential building pays
utility service for the provision of solids handling services
municipal waste in accordance with housing legislation
Russian Federation.
7. Reconciliation of settlements under this agreement is carried out between
regional operator and consumer at least once a year according to
initiative of one of the parties by drawing up and signing by the parties
the relevant act.
The party initiating the reconciliation of calculations draws up and
sends to the other party a signed statement of reconciliation of payments in 2
copies by any available means (mail, telegram,
fax message, telephone message, information and telecommunications network
"Internet"), allowing you to confirm receipt of such notification
addressee. The other party is obliged to sign a statement of reconciliation of payments in
within 3 working days from the date of receipt or submit
reasoned refusal to sign it and send your own version
act of reconciliation of calculations.
If no response is received within 10 working days from the date
sending a settlement reconciliation report to the party, the sent report is considered
agreed upon and signed by both parties.
III. The burden of maintaining container sites, special
sites for storing bulky waste and areas,
adjacent to the loading site for municipal solid waste
8. Regional operator for handling municipal solids
waste management is responsible for the management of solid municipal waste from
the moment such waste is loaded into a garbage truck at collection and accumulation sites
solid municipal waste.
storage of bulky waste and the area adjacent to the site
loading of solid municipal waste located in the local area
territory included in the common property of the owners of premises in
apartment buildings, carries
_______________________________________________________________________.
(owners of premises in an apartment building, person,
attracted by the owners of premises in an apartment building
under contracts for the provision of services for the maintenance of common property
in such a house, another person specified in the agreement -
indicate what you need)
for storing bulky waste and the area adjacent to
place of loading of solid municipal waste that is not part of the general
property of owners of premises in apartment buildings, bears
_______________________________________________________________________.
(the owner of the land plot on which such
site and territory, other person specified in the agreement -
indicate what you need)
IV. Rights and obligations of the parties
11. The regional operator is obliged:
a) accept municipal solid waste in volume and location,
which are defined in the annex to this agreement;
b) ensure collection, transportation, processing, neutralization,
disposal of accepted solid municipal waste in accordance with
legislation of the Russian Federation;
c) provide the consumer with information in accordance with
standards of information disclosure in the field of solids management
municipal waste in the manner prescribed by law
Russian Federation;
d) respond to complaints and requests from consumers on issues
related to the execution of this agreement, during the period
established by the legislation of the Russian Federation for consideration
citizens' appeals;
d) accept necessary measures for timely replacement of damaged
containers belonging to him by right of ownership or other
on a legal basis, in the manner and within the time limits established
legislation of the subject of the Russian Federation.
12. The regional operator has the right:
a) exercise control over accounting for the volume and (or) mass of accepted
municipal solid waste;
13. The consumer is obliged:
a) carry out storage of solid municipal waste in places
collection and accumulation of municipal solid waste specified in the agreement
for the provision of services for the management of solid municipal waste, in
in accordance with the territorial waste management scheme;
b) ensure accounting of the volume and (or) mass of solid municipal waste
waste in accordance with the Rules for commercial accounting of volume and (or)
masses of solid municipal waste approved by resolution
approval of the Rules for commercial accounting of volume and (or) mass of solids
municipal waste";
c) make payments under this agreement in the manner, amount and
the terms determined by this agreement;
d) ensure storage of solid municipal waste in
containers or other places in accordance with the appendix to this
agreement;
e) prevent damage to containers, burning of solids
municipal waste in containers, as well as on container sites,
storing prohibited waste and items in containers;
f) appoint a person responsible for interaction with the regional
operator on issues of execution of this agreement;
g) notify the regional operator in any available way
(mail, telegram, fax, telephone message,
information and telecommunications network "Internet"), allowing
confirm its receipt by the addressee, about the transfer of rights to objects
consumer specified in this agreement to the new owner.
14. The consumer has the right:
a) receive information about changes from the regional operator
established tariffs in the field of handling solid utilities
waste;
b) initiate reconciliation of settlements under this agreement.
V. Procedure for volume accounting
and (or) masses of solid municipal waste
15. The parties agreed to take into account the volume and (or) mass
municipal solid waste in accordance with the Rules for commercial
accounting for the volume and (or) mass of solid municipal waste approved
505 "On approval of the Rules for commercial accounting of volume and (or) mass
municipal solid waste" in the following way:
_______________________________________________________________________.
(calculated based on solid accumulation standards
municipal waste, quantity and volume of containers for
storage of municipal solid waste or based on
masses of solid municipal waste - indicate as required)
VI. The procedure for recording violations under the contract
16. In case of violation by the regional operator of obligations under
this agreement, the consumer with the participation of a representative of the regional
operator draws up a report on violation by the regional operator
obligations under the contract and hands it over to the representative of the regional
operator. If a representative of the regional operator fails to appear, the consumer
draws up the specified act in the presence of at least 2 disinterested
persons or using photo and (or) video recording and within 3
working days sends an act to the regional operator with the requirement
eliminate the identified violations within a reasonable period of time, determined
consumer.
Regional operator within 3 working days from the date of receipt
of the act, signs it and sends it to the consumer. In case of disagreement with
with a reasoned indication of the reasons for your disagreement and send such
objection to the consumer within 3 working days from the date of receipt of the act.
If it is impossible to eliminate violations within the time limits proposed
consumer, the regional operator offers other deadlines for eliminating
detected violations.
17. If the regional operator has not sent a signed act
or objections to the act within 3 working days from the date of receipt of the act,
such an act is considered agreed upon and signed by the regional operator.
18. In case of receiving objections from the regional operator
the consumer is obliged to consider objections and in case of agreement with
objections, make appropriate changes to the act.
19. The act must contain:
a) information about the applicant (name, location, address);
b) information about the object (objects) on which solids are formed
municipal waste in relation to which there is controversy (full
name, location, authority over the object (objects) to which
possesses the party who sent the act);
c) information about violation of the relevant clauses of the contract;
d) other information at the discretion of the party, including materials
photo and video shooting.
20. The consumer sends a copy of the violation report to the regional
operator of obligations under the contract to the authorized body
executive power of a constituent entity of the Russian Federation.
VII. Responsibility of the parties
21. For failure to fulfill or improper fulfillment of obligations under
to this agreement the parties are liable in accordance with
legislation of the Russian Federation.
22. In case of non-performance or improper performance
consumer obligations to pay for this agreement regional
the operator has the right to require the consumer to pay a penalty in the amount of
1/130 of the key rate of the Central Bank of the Russian Federation,
established on the day of presentation of the corresponding demand, from the amount
debt for each day of delay.
23. For violation of the rules for handling municipal solid waste
regarding the storage of solid municipal waste outside collection points and
accumulation of such waste specified in this agreement, the consumer
bears administrative responsibility in accordance with
legislation of the Russian Federation.
VIII. Circumstances force majeure
24. The parties are released from liability for failure to fulfill either
improper fulfillment of obligations under this agreement, if it
was a consequence of force majeure circumstances.
In this case, the deadline for fulfilling obligations under this agreement
shall be extended in proportion to the time during which such
circumstances, as well as the consequences caused by these circumstances.
25. The party subjected to force majeure
forces, is obliged to take all necessary actions to notify the other
any parties accessible ways without delay, no later than 24 hours
from the moment of occurrence of force majeure circumstances, about the occurrence
the specified circumstances. The notice must contain time information
the occurrence and nature of these circumstances.
The party must also without delay, no later than 24 hours from the moment
termination of force majeure circumstances, notify another
IX. Validity of the agreement
26. This agreement is concluded for a period of ________________________.
(date indicated)
27. This agreement is considered extended for the same period and for those
the same conditions, if one month before the expiration of its validity period no
of the parties does not declare its termination or change or the conclusion
a new contract on different terms.
28. This agreement may be terminated before the end of its term
actions by agreement of the parties.
X. Other conditions
29. All changes made to this agreement are considered
valid if they are in writing and signed
by authorized persons and certified by the seals of both parties (if their
availability).
30. In case of change of name, location or bank
details, the party is obliged to notify the other party about this in writing
form within 5 working days from the date of such changes by any available
ways to confirm receipt of such notification
addressee.
31. When executing this agreement, the parties undertake
be guided by the legislation of the Russian Federation, including
provisions of the Federal Law "On Production and Consumption Waste"
and other regulatory legal acts Russian Federation in the field
management of solid municipal waste.
32. This agreement is drawn up in 2 copies, having equal
legal force.
33. The Annex to this Agreement is an integral part of it
Regional operator Consumer
__________________________________ ___________________________________
"____" ______________ 20___ "____" ______________ 20___
Application
to a standard contract for the provision
solids handling services
municipal waste
Information
on the subject of the agreement
I. Volume and location of collection and accumulation of municipal solid waste
II. Information in graphical form on the location of collection and accumulation sites for solid municipal waste and access roads to them (except for residential buildings)
Document overview
Rules for the management of municipal solid waste (MSW) have been approved. We are talking about the collection, transportation, processing, neutralization and disposal of waste.
The grounds have been established on which a legal entity may be deprived of the status of a regional operator for the management of solid waste.
The form of a standard contract for the provision of services for the management of solid waste has also been approved. The essential terms of such an agreement and the procedure for its conclusion are determined.
MSW management on the territory of a constituent entity of the Federation is ensured by regional operators in accordance with the regional program and territorial waste management scheme.
The regional operator, within a month from the date of granting it the corresponding status, is obliged to send to all consumers at the address of an apartment building or residential building a proposal to conclude the specified agreement and its draft.
The agreement is concluded for a period not exceeding the period for which the legal entity was assigned the status of a regional operator.
It is clarified that automobile and railway vehicles must be equipped with GLONASS or GLONASS/GPS satellite navigation equipment. vehicles, used for transportation of MSW.
The Year of Ecology has been declared in Russia for the second time in the last five years, as, according to experts, problems in the field of environmental protection are becoming more acute every year.
New Year's Eve main theme meetings State Council RF became the question “About environmental development Russian Federation in the interests of future generations." V.V. Putin said that on the agenda are the tasks of Russia’s gradual transition to an environmentally friendly model sustainable development, the solution of which, first of all, should improve the quality of life of people. The President emphasized that we're talking about about the development of the country's economy, but with an emphasis on solving environmental problems.
A significant part of the activities planned by the Government of the Russian Federation for 2017 within the framework of the Year of Ecology is devoted to waste management: from the elimination of illegal landfills and landfills to the introduction of a collection system for mercury-containing waste.
One of the key components of the waste management industry reform was the transition of regions to new system organizing the collection, transportation, processing, neutralization, recycling and disposal of municipal solid waste (hereinafter referred to as MSW), namely: the introduction of the institution of “regional operators”. Regional MSW management operator is a legal entity that provides collection, transportation, processing, disposal, placement of MSW in a certain area, selected on a competitive basis, with which all persons, from individuals to individuals, are required to enter into an agreement for the provision of waste management services. legal entities located in the area of its activities.
First, let's figure out who this concerns, i.e. Who does MSW directly relate to? This is clearly seen from the very definition of MSW given by the legislator: municipal solid waste is waste generated in residential premises in the process of consumption by individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to satisfy their personal needs. and household needs. MSW also includes waste generated during the activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises during consumption by individuals (Article 1, 89-FZ). So, this applies to everyone: from citizens living in an apartment building to individuals living in individual buildings, from individual entrepreneurs, small and medium-sized businesses to large enterprises.
Full responsibility to consumers of the service, the city administration, the Ministry of Fuel and Energy Complex and Housing and Communal Services Krasnodar region(this is the body that will directly regulate the activities of regional operators in the region) and all regulatory organizations for the collection, transportation, processing, neutralization, disposal and disposal of MSW will be entrusted to one legal entity, which will be assigned the status of a regional operator. By the way, the responsibility is great, the period for which the status is assigned is also serious, from 10 years.
The Ministry of Fuel and Energy Complex and Housing and Public Utilities of the Republic of Kazakhstan has developed and approved a territorial scheme for waste management in Krasnodar region, according to which the entire region is divided into 11 zones. For each zone, regional operators are determined on the basis of a competitive selection, the requirements for which were established by the Government of the Russian Federation. For each regional operator, a single tariff will be established for the MSW management service, and the tariff will be regulated (approved by the Regional Energy Commission - the Department of Prices and Tariffs of the Krasnodar Territory).
The new waste management system involves the exclusion of waste collection and removal from the list of services and works for the maintenance of common property. The waste management service becomes a public service. But the innovations don't end there. The principle of payment for environmental pollution is enshrined in the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”; by amending the laws, now every citizen is obliged to pay for negative impact on environment provided during the generation of solid municipal waste. This fee should be taken into account in the unified tariff for the management of solid waste, this will simplify the collection of this non-tax payment, and will also protect each resident from the need for calculation and its documentary support; the regional operator will independently transfer cash to the budget in one payment, due to this the amount in the payment utilities for waste collection and removal will increase.
Chapter 17. FORMATION OF CAPITAL REPAIR FUNDS
REGIONAL OPERATOR. ACTIVITIES OF THE REGIONAL
OPERATOR FOR FINANCING CAPITAL REPAIRS OF GENERAL
PROPERTY IN MULTIPLE BUILDINGS
Article 178. Legal status regional operator
1. The regional operator is a legal entity created in the organizational and legal form of a fund.
2. A regional operator is created by a subject of the Russian Federation, and it can create several regional operators, each of which operates in part of the territory of such a subject of the Russian Federation.
3. The activities of the regional operator are carried out in accordance with federal laws and other regulatory legal acts of the Russian Federation, taking into account the features established by this Code, laws adopted in accordance with it and other regulatory legal acts of the constituent entity of the Russian Federation.
4. The regional operator does not have the right to create branches and open representative offices, as well as create commercial and non-profit organizations, participate in authorized capitals business entities, property of other commercial and non-profit organizations.
5. Losses caused to the owners of premises in apartment buildings as a result of non-fulfillment or improper fulfillment by the regional operator of its obligations arising from agreements concluded with such owners in accordance with this Code and the laws of the constituent entity of the Russian Federation adopted in accordance with it, are subject to compensation in the amount paid contributions for major repairs in accordance with civil legislation.
6. A subject of the Russian Federation bears subsidiary liability for failure to fulfill or improper fulfillment by the regional operator of obligations to the owners of premises in apartment buildings.
7. Methodological support activities of regional operators (including the development methodological recommendations on the creation of regional operators and ensuring their activities, recommended forms of reporting and the procedure for its submission) is carried out federal body executive power, carrying out the functions of developing and implementing public policy and legal regulation in the field of socio-economic development of the constituent entities of the Russian Federation and municipalities, construction, architecture, urban planning (with the exception of state technical accounting and technical inventory of capital construction projects) and housing and communal services.
Article 179. Property of the regional operator
1. The property of the regional operator is formed through:
1) contributions of the founder;
2) payments by owners of premises in apartment buildings that form capital repair funds on the account of the regional operator;
3) other sources not prohibited by law.
2. The property of the regional operator is used to perform its functions in the manner established by this Code and other regulatory legal acts of the Russian Federation and adopted in accordance with this Code by the law of the constituent entity of the Russian Federation and other regulatory legal acts of the constituent entity of the Russian Federation.
3. Funds received by the regional operator from the owners of premises in apartment buildings, forming capital repair funds in the account of the regional operator, can only be used to finance the costs of major repairs of common property in these apartment buildings. The use of these funds for other purposes, including payment of administrative and business expenses of the regional operator, is not permitted.
4. Funds received by the regional operator from the owners of premises in some apartment buildings, forming capital repair funds on the account, accounts of the regional operator, can be used on a repayable basis to finance capital repairs of common property in other apartment buildings, the owners of premises in which also form funds major repairs on the account of the same regional operator. At the same time, the law of a subject of the Russian Federation may establish that such use of funds is permitted only if the specified apartment buildings are located on the territory of a certain municipality or territories of several municipalities.
Article 180. Functions of the regional operator
1. The functions of the regional operator are:
1) accumulation of contributions for capital repairs paid by owners of premises in apartment buildings, in respect of which capital repair funds are formed on the account of the regional operator;
2) opening special accounts in one’s name and performing transactions on these accounts if the owners of premises in an apartment building general meeting owners of premises in an apartment building chose a regional operator as the owner of a special account. The regional operator does not have the right to refuse the owners of premises in an apartment building to open such an account in their name;
3) performing the functions of a technical customer for work on major renovation common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;
4) financing the costs of capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account, accounts of the regional operator, within the limits of these capital repair funds, using, if necessary, funds received from other sources, including from budget of a constituent entity of the Russian Federation and (or) local budget;
5) interaction with government authorities of a constituent entity of the Russian Federation and local governments in order to ensure timely capital repairs of common property in apartment buildings, the owners of premises in which create capital repair funds on the account of the regional operator;
6) other provisions provided for by this Code, the law of the constituent entity of the Russian Federation and constituent documents regional function operator.
2. The procedure for the regional operator to perform its functions, including the procedure for its financing of capital repairs of common property in apartment buildings, is established by the law of the constituent entity of the Russian Federation.
Article 181. Formation of capital repair funds on the account of a regional operator
1. Owners of premises in an apartment building who have made a decision on the formation of a capital repair fund on the account of a regional operator, as well as owners of premises in an apartment building who have not made a decision on the method of forming a capital repair fund, in the case provided for in Part 7 of Article 170 of this Code, are obliged conclude an agreement with the regional operator on the formation of a capital repair fund and on the organization of capital repairs in the manner established by Article 445 of the Civil Code of the Russian Federation. At the same time, the owners of premises in this apartment building, having more than fifty percent of the votes from total number votes of the owners of premises in this apartment building act as one party to the concluded agreement.
2. Under the agreement on the formation of a capital repair fund and on the organization of capital repairs, the owner of the premises in an apartment building, on a monthly basis and in full, undertakes to make contributions for major repairs to the account of the regional operator, and the regional operator undertakes ensure capital repairs of common property in this apartment building within the time frame determined by the regional capital repair program, financing of such capital repairs and, in cases provided for by this Code, transfer funds in the amount of the capital repair fund to a special account or pay cash to the owners of premises in the apartment building funds corresponding to the shares of such owners in the capital repair fund.
3. In the cases provided for in Part 7 of Article 170 of this Code, the regional operator, within ten days after the local government body makes a decision on the formation of a capital repair fund in relation to an apartment building on the account of the regional operator, must send to the owners of the premises in this apartment building and (or) persons managing this apartment building, a draft agreement on the formation of a capital repair fund and on the organization of major repairs of common property in this apartment building.
4. If, before the deadline established by the regional capital repair program for capital repairs of common property in an apartment building, separate work on major repairs of common property in this apartment building, provided for by the regional capital repair program, was carried out, payment for these works was carried out without the use of budget funds funds and resources of the regional operator and, in this case, in order to establish the need for major repairs of common property in an apartment building, repeated performance of this work within the period established by the regional capital repair program is not required, funds in an amount equal to the cost of these works, but not more than the amount the maximum cost of these works, determined in accordance with Part 4 of Article 190 of this Code, are counted in the manner established by the law of the constituent entity of the Russian Federation, towards the fulfillment for the future period of obligations to pay contributions for capital repairs by owners of premises in apartment buildings that form capital repair funds for account, regional operator accounts.
Article 182. Responsibilities of the regional operator for organizing major repairs of common property in apartment buildings
1. The regional operator ensures the overhaul of common property in an apartment building, the owners of the premises in which form a capital repair fund on the account of the regional operator, in the amount and within the time frame provided for by the regional capital repair program, and financing of the overhaul of common property in an apartment building, including in the event of insufficient capital repair fund funds, at the expense of funds received through payments from owners of premises in other apartment buildings that form capital repair funds in the account, accounts of the regional operator, at the expense of subsidies received from the budget of a constituent entity of the Russian Federation and (or ) local budget.
2. In order to ensure the implementation of major repairs of common property in an apartment building, the regional operator is obliged to: