Providing utility services for waste removal. Rules for handling municipal solid waste
Recently, the environmental community has been literally in a fever due to the simultaneous adoption of several serious regulatory legal acts that are restructuring the entire system of environmental control and supervision in Russia. So, on the eve of the New Year, we received an unexpected legislative “gift” - Federal Law No. 458-FZ dated December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Waste”, certain legislative acts of the Russian Federation and the recognition of certain legislative acts as invalid (provisions of legislative acts) of the Russian Federation" (hereinafter referred to as Federal Law No. 458-FZ). This document radically changes the waste management system, affecting the fundamental concepts and principles of environmental law.
We will not dwell in detail on all the changes provided for by Federal Law No. 458-FZ. Let us only note that they touched upon almost all aspects of waste management: issues of ownership of waste, the procedure for licensing waste management activities, professional training of persons authorized to handle waste, and much more were raised. In addition, the terminology used in the field of waste management has also undergone changes.
The innovations also affected the most frequently generated waste—solid household waste. So, in Art. 1 of Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” (hereinafter referred to as Federal Law No. 89-FZ) a new term has appeared for this category of waste:
Extraction
Article 1. Basic concepts
[…]
municipal solid waste- waste generated in residential premises during consumption by individuals, as well as goods that have lost their consumer properties during their use by individuals in residential premises to satisfy personal and household needs. Municipal solid waste 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;
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In addition, new terms relating to the management of MSW were introduced into this article:
Extraction
from Federal Law No. 89-FZ
Article 1. Basic concepts
[…]
standard for accumulation of municipal solid waste— average amount of solid municipal waste generated per unit of time;
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municipal solid waste operator- an individual entrepreneur or legal entity engaged in the collection, transportation, processing, disposal, neutralization, and burial of solid municipal waste;
regional operator for municipal solid waste management[…] - municipal solid waste management operator - a legal entity that is obliged to enter into an agreement for the provision of treatment services with municipal solid waste with the owner solid municipal waste that is generated and collection sites for which are located in the area of activity of the regional operator;
[…]
balance of quantitative characteristics of the formation, recycling, neutralization, burial of solid municipal waste on the territory of a constituent entity of the Russian Federation - the ratio of the amount of generated solid municipal waste and the quantitative characteristics of their disposal, neutralization, burial, transfer to other constituent entities of the Russian Federation (receipts from other constituent entities of the Russian Federation) for subsequent disposal, neutralization, burial;
[…]
Thus, the term familiar to us "municipal solid waste (MSW)" was replaced by "municipal solid waste (MSW)". In our opinion, the new term is more consistent with established environmental practice. In addition, completely new concepts have been introduced into the field of waste management MSW management operator And regional operator for MSW management, by which we mean organizations of the public utility complex.
In accordance with Federal Law No. 458-FZ, from January 1, 2016, Federal Law No. 89-FZ will be supplemented with Art. 13.2, which contains requirements for development and implementation regional programs in the field of waste management, incl. with MSW. Such a program will have to include the values of target indicators in the field of waste management (including MSW), the achievement of which is ensured as a result of the implementation of the program, a list of activities for waste management (including MSW) indicating the expected results , as well as information on the financing of these activities. These measures should be aimed at stimulating the construction of waste treatment, recycling, neutralization, and disposal facilities (including MSW); co-financing the construction of facilities for the collection, transportation, processing and disposal of waste from the use of goods; stimulating waste recycling, identifying places of unauthorized waste disposal, etc. The list of activities will be taken into account when developing the activities of the relevant state programs and will be subject to agreement with the territorial bodies of the authorized federal executive body (i.e. with Rosprironadzor). The regional program will be required to be published on the Internet.
From January 1, 2016, Federal Law No. 89-FZ will also be supplemented by Art. 13.3, according to which, in order to organize and carry out activities for the collection, transportation, processing, disposal, neutralization, disposal of waste, the authorized executive body of the constituent entity of the Russian Federation will approve territorial scheme in the field of waste management, incl. with MSW. This scheme will have to be developed in accordance with territorial planning documents and include data on the location of sources of waste generation, on the amount of waste generated, on targets for the neutralization, recycling and disposal of waste, on the location of waste collection and accumulation sites, on the location of treatment facilities , recycling, neutralization, disposal of waste (including MSW) on the territory of a constituent entity of the Russian Federation, etc. The scheme will also be subject to approval by Rosprirodnadzor and will be publicly available on the Internet.
From January 1, 2016, Federal Law No. 89-FZ will be supplemented with an entire chapter - Ch.V.1 “Regulation of activities in the field of municipal solid waste management”(vv. 24.6-24.13).
In accordance with Art. 24.6 collection, transportation, processing, disposal, neutralization, disposal of MSW on the territory of a constituent entity of the Russian Federation will be carried out regional operator in accordance with the regional program in the field of waste management and the territorial waste management scheme, while the rules for handling MSW approved by the Government of the Russian Federation will have to be observed. The management of MSW, which is waste from the use of goods, will be carried out taking into account the features established in Art. 24.2 of Federal Law No. 89-FZ. The status of a regional operator will be assigned to a legal entity on the basis of a competitive selection conducted by authorized executive authorities of the constituent entities of the Russian Federation for a period of at least 10 years. The grounds for depriving a legal entity of the status of a regional operator will be determined in the rules for handling MSW.
According to Art. 24.7 The owner of MSW will enter into a contract with the regional operator public contract in accordance with a standard agreement approved by the Government of the Russian Federation (the agreement can be supplemented by agreement of the parties with other provisions that do not contradict the legislation of the Russian Federation). The regional operator will not have the right to refuse the owner to enter into an agreement if the owner’s waste is generated and the places of their collection are located in the operator’s area of activity (by the way, the regional operator will have the right to carry out activities on the territory of another constituent entity of the Russian Federation in accordance with the rules for handling MSW and taking into account the agreement , concluded between the constituent entities of the Russian Federation). This situation cannot but rejoice, because it turns out that the owners of solid waste disposal facilities - regional operators - will have not only rights, but also responsibilities.
For example, The author of the article, having worked at one time as an ecologist at a large enterprise, was knocked off her feet in search of companies willing to accept some specific types of waste. Moreover, this waste was indicated in the company’s licenses, but for various reasons (most often it was the lack of profit and the desire to “tinker” with such waste) we were refused.
Based on Art. 24.8 k regulated activities in the field of MSW management will include:
MSW treatment;
MSW neutralization;
MSW disposal;
Provision of services for handling MSW by a regional operator.
All listed activities will be carried out at prices determined by agreement of the parties and not exceeding marginal tariffs, which will be established by the executive authorities of the constituent entities of the Russian Federation authorized in the field of tariff regulation, for each organization carrying out the specified types of activities, and for each of the listed types of activities. A single tariff for the service of a regional operator for the management of MSW, as well as tariffs for the processing, neutralization and disposal of MSW, will be subject to regulation.
FOR YOUR INFORMATION
When establishing a single tariff for the service of a regional operator, its costs for processing and disposal of MSW will not be taken into account.
According to Art. 24.9 tariff regulation will be carried out by executive authorities of the constituent entities of the Russian Federation or local government bodies. A unified tariff for MSW management services will be established in relation to regional operators, and other tariffs subject to regulation will be established in relation to MSW management operators. Tariffs will be calculated based on the pricing framework established by the Government of the Russian Federation. Methods for regulating tariffs and criteria for their application will be determined by the Government of the Russian Federation. In the event of a change in tariffs at the initiative of the state (for example, due to changes in legislation), a procedure will be provided for compensation of lost benefits for MSW operators. The federal executive body authorized in the field of state regulation of tariffs in the field of MSW management will monitor tariffs.
In accordance with Art. 24.10 to calculate the volume and (or) mass of MSW when concluding contracts with MSW operators, it will be necessary to follow rules for commercial accounting of volume and (or) mass of MSW, approved by the Government of the Russian Federation. In cases determined by the Government of the Russian Federation, the volume and (or) mass of MSW is planned to be determined based on MSW accumulation standards, established by executive authorities of a constituent entity of the Russian Federation or local government bodies. The procedure for determining standards for the accumulation of MSW will be established by the Government of the Russian Federation.
According to Art. 24.11 all information relating to regulated types of MSW management activities (including information on tariffs and tariff regulation parameters) will be publicly available and will have to be published on the Internet.
Based on Art. 24.12 the legality and validity of establishing and changing tariffs will be checked at the federal and regional levels, and scheduled and unscheduled inspections are expected to be carried out (for example, based on citizens’ requests).
In addition, according to Art. 24.13 now for the construction, reconstruction and (or) modernization of facilities used for the management of MSW, it will be necessary to draw up on the basis of a territorial scheme in the field of waste management investment program, which will have to contain planned and actual values of performance indicators of MSW management facilities, a list of measures for construction, reconstruction and (or) modernization, the volume of financial needs, a program implementation schedule and a preliminary calculation of tariffs in the field of MSW management. The procedure for development, coordination, approval and adjustment of investment programs will be established by the Government of the Russian Federation.
Thus, by the end of 2015, the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation will have a lot of “paper” work to do, because they must develop and approve a lot of by-laws in the field of MSW management before Chapter comes into force. V.1 of Federal Law No. 89-FZ, i.e. until January 1, 2016
NOTE
WITH January 1, 2016 Art. 23 of Federal Law No. 89-FZ will be supplemented with paragraphs. 4 and 5, according to which payment for negative impact on the environment (hereinafter referred to as NEP) when disposing of waste ( excluding MSW) will be carried out by individual entrepreneurs, legal entities, during the implementation of which economic and (or) other activities generate waste, while payers of fees for the NWOS when placing MSW will be MSW management operators, regional operators, carrying out activities for their placement.
In addition, according to clause 9, which will also be supplemented from January 1, 2016, Art. 23 of Federal Law No. 89-FZ, the costs of paying for the NVOS when placing MSW will be taken into account when setting tariffs for the operator for the management of MSW, the regional operator in the manner established by the principles of pricing in the field of MSW management.
Let us note one more important point: with January 1, 2019 Art. 23 of Federal Law No. 89-FZ will be supplemented with paragraphs. 6 and 7, on the basis of which, when placing waste at waste disposal sites that do not provide an environmentally friendly environment, no payment for environmental impact will be charged, however, it should be noted that the exclusion of environmental pollution (due to the implementation of environmental protection measures, the availability of technical solutions and structures that ensure environmental protection ) will need to be confirmed by environmental monitoring results.
As we see, the changes provided for by Federal Law No. 458-FZ significantly limit the rights of local governments in the field of waste management. If now they can organize the collection, removal, disposal, and recycling of waste themselves, then starting from January 1, 2016, they will only be able to take part in all waste management operations, and village self-government bodies will only be able to participate in the collection and transportation of MSW, district - in the processing, disposal, neutralization and disposal of solid waste, and urban - in all of the above operations within urban districts.
In our opinion, all this is only for the better. During her career, the author has repeatedly worked with village administrations on the issue of concluding contracts with licensed landfills and can confidently state that there is chaos and a complete lack of understanding of the system of environmental control and supervision in general and safe waste management in particular.
For example, Once, the developer of the draft standards for waste generation and limits on their disposal, who demanded that a rural school sign an agreement with a landfill, was instead presented with a certificate with the seal of the local administration stating that this school was allowed to export solid waste to the nearest ravine outside the village!
Significant progress towards achieving safe waste management can occur if natural resource users comply with the following norm of Federal Law No. 89-FZ, which will come into force on January 1, 2017:
Extraction
from Federal Law No. 89-FZ
Article 12. Requirements for waste disposal facilities
(as amended, which will come into force on 01/01/2017)
[…]
8. Burying waste that contains useful components that are subject to disposal is prohibited. The list of types of waste that contain useful components, the disposal of which is prohibited, is established by the Government of the Russian Federation.
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Thanks to the changes provided for by Federal Law No. 458-FZ, another gap in the legislation, which has already been mentioned more than once, has been closed. So, from January 1, 2016 Art. 12 of Federal Law No. 89-FZ will be supplemented with clause 10 as follows: “The use of municipal solid waste for land and quarry reclamation is prohibited.” One of the author’s articles, previously published in the Ecologist’s Handbook, was devoted to this issue. The fact is that many unscrupulous users of natural resources are currently trying to “dispose” of their household and construction waste, filling voids from mining or trenches, pits, quarries, passing off this process as land reclamation. Moreover, there are cases of approval (!) of projects for such reclamation. Over the past couple of years, several explanatory letters from Rosprirodnadzor have been issued to explain this situation. And now, fortunately, the norm in question will be enshrined in law, which will eliminate any discrepancies.
We briefly reviewed the innovations in the field of solid waste (now MSW) management that await us in connection with the adoption of Federal Law No. 458-FZ. We advise our readers to study this document in more detail, especially the timing of the entry into force of its individual provisions. Time will tell how it will work in practice. Let's hope that the adoption of this legal act will not cause another round of bureaucratization of the environmental control system, but will lead to a real improvement in the environmental situation in our country.
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 of a 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 systems with GLONASS or GLONASS/GPS satellite navigation equipment” (Collected Legislation of the Russian Federation, 2008, No. 35, Art. 4037) add the words “transportation of municipal solid 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;
“bulky waste” - solid municipal waste (furniture, household appliances, waste from routine repairs of residential premises, etc.), the size of which does not allow storing it 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.
The regional operator collects, transports, processes, disposes of, neutralizes, and disposes of municipal solid waste independently or with the involvement of municipal solid waste management operators.
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 Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 “On the management of municipal solid waste and amendments to Decree of the Government of the Russian Federation of 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 the address of an apartment building or 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 on 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 for solid 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.
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, hot or hot waste, bulky waste, snow and ice, lighting fixtures and electric lamps containing mercury, batteries and accumulators, medical waste, as well as other waste that may harm the life and health of persons loading the containers. (unloading) of containers, damage containers, garbage trucks or disrupt the operation of facilities for processing, neutralization, and disposal of solid municipal waste.
Dangerous substances classified as dangerous goods in accordance with the European Agreement concerning the International Carriage of Dangerous Goods by Road are prohibited for transportation within the framework of these Rules. The regional operator is prohibited from collecting and transporting these hazardous substances (cargoes) as part of or under the guise of solid municipal 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 the delivery of such a notice, the owner of the land plot, the local government body and the body exercising state environmental supervision of 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 solid municipal waste by type of waste and store sorted solid municipal waste in separate containers for the corresponding types of 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. Collection of electronic equipment waste is carried out in accordance with the procedure for collecting solid municipal waste (including its separate collection), approved by the government authority of the constituent entity of the Russian Federation.
21. It is prohibited to organize waste collection sites from the use of consumer goods and packaging that have lost their consumer properties, included in solid municipal waste, on 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. An operator for the management of municipal solid waste, carrying out activities for transporting solid municipal waste, must own garbage trucks that meet the general technical 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 journal can be kept electronically. 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 prescribed 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 that is available for use in other technological processes as a feedstock or an additive to the main raw material.
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 provided in the 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, individual entrepreneur and (or) legal entity engaged in 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 the calendar year, due to the fault of the regional operator, 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) were committed ) 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 the Decree of the Government of the Russian Federation of November 12, 2016 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”;
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 municipal solid waste exceeds a twelfth of the required gross revenue of the regional operator, determined by the executive body of the constituent entity of the Russian Federation that carries out state regulation of tariffs in the field of management of municipal solid waste;
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
determined within the framework of a single unit approved in accordance with the established procedure
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 utilities
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;
e) take the necessary measures to timely replace 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. Force majeure circumstances
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
parties by any available means 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 of the 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 used for transporting solid waste must be equipped with GLONASS or GLONASS/GPS satellite navigation equipment.
In previous articles, we talked about the rights and responsibilities of the provider and consumer of the utility service regarding the management of solid waste.
Today we will talk about formulas for calculating the amount of utility fees for handling solid waste. Section II(1) with these formulas was included in the RF Government Decree No. 354 of the Government of the Russian Federation dated February 27, 2017 No. 232.
Calculation procedure before the adoption of MSW standards
Regions of the Russian Federation must approve standards for the accumulation of MSW no later than September 1, 2017. Until they do this, the fee for garbage removal must be calculated using formulas 9(3), 9(4) and 9(6) from Appendix No. 2 to RF PP No. 354. These formulas take into account the volume of exported containers.
The first and second formulas will be needed to calculate the amount of payment for municipal waste for residential premises. For the first formula, it is important to know the number of citizens who live in the premises, whether permanently or temporarily, and the volume of containers removed.
The second formula differs from the first in that it will require information about the total area of the room.
The third formula is needed to calculate utility fees for the management of solid waste in non-residential premises.
Calculation procedure after the adoption of MSW standards
From September 1, 2017, the calculation of the amount of payment for utility services for the management of solid waste must be made according to the standard. There are four months until September 1, there is enough time, but, according to established tradition, there will be regions that will not have time to set standards.
We propose to solve problems as they arise and talk about what to do if the standard is not approved after September 1.
The first group of formulas is intended for residential premises. Formula 9(1) takes into account the number of citizens who permanently or temporarily live in the premises.
In the second formula, the payment amount is calculated based on the total area based on the standards for the accumulation of solid waste.
After the standards are adopted, the fee for non-residential premises will need to be calculated using the following formula.
Until 2019, a phased launch of a new regulatory system in the field of municipal solid waste (MSW) management is planned in the Russian Federation. Such a system presupposes, among other things, a new structure of contractual relations and new rules for payment for the removal of garbage from the population. The regulatory framework is actually ready. In practice, participants in the MKD management market are interested in the following questions: what new responsibilities are assigned to the MKD manager, how will fees for consumers be calculated? So, a utility service for handling MSW.
Performers and periods of service provision
The providers of municipal services for the management of solid waste are, in fact, the same persons who are recognized as providers of other utility services. Clause 148(3) of the Rules for the Provision of Public Utility Services states: a person from among the persons named in clause 148(4) may act as a provider of public utility services for the management of solid waste. In this case, the period of time during which the named person is obliged to provide utility services to consumers and has the right to demand from them payment for the provided utility services is subject to determination in accordance with clause 148(8) - Rules for the provision of utility services. The contents of these items are summarized in a table.
The table shows that in the case of managing a house of a management company (HOA), the key factor is the existence of an agreement between the manager of the apartment building and the regional operator. In his absence, the operator is recognized as the contractor, and the manager, accordingly, does not have the right to demand payment for utility services from consumers. These principles are consistent with the provisions presented in paragraph 14 of the Rules regarding all other public services. However, let us remember that in practice, assigning the status of executor to a house manager is not always conditioned by the existence of a written resource supply agreement. Courts often come to the conclusion that actual contractual relations have developed between the management company and the RSO, therefore the management company is the executor of public services. It is possible that market participants will face a similar problem regarding MSW management.
Special terms of the agreement
Along with the usual conditions that are included in any agreements on the provision of utility services, the agreement on the provision of utility services for the management of solid waste must reflect:
– information on the number of units of account approved when determining standards for accumulation of MSW by authorities for a given category of facility (number of residents in the premises or area of the premises);
– information in graphical form on the location of MSW accumulation sites and access roads.
– during separate accumulation and collection of sorted waste;
– if this is provided for in the agreement concluded between the manager of the apartment building and the regional operator;
– until the approval of MSW accumulation standards, but no later than 09/01/2017.
This volume, calculated for the entire waste accumulation site as a whole, is distributed depending on the calculation unit used (proportional to the number of residents in the premises to the estimated number of citizens using the MSW accumulation site, or proportional to the area of the residential premises to the total area of the premises).
The rules for the provision of public services for the management of municipal solid waste, the procedure for concluding contracts for its provision and the procedure for settlements, as well as the exclusion of the collection and removal of solid household waste from the maintenance of common property in an apartment building have been approved. The corresponding Government Resolution No. 232 of February 27, 2017 was initiated by the Russian Ministry of Construction.
According to the document, a separate chapter is introduced into the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, dedicated to the relationship between consumers, management organizations and the regional operator for the management of solid waste. At the same time, services for the collection and removal of solid municipal waste are excluded from the work on maintaining common property in an apartment building and, accordingly, from the payment for housing services.
“The Government Decree amends housing legislation: services for the management of solid waste are transferred from housing to communal services. Now rules and requirements will apply to waste disposal on a par with other public services. This applies to both the responsibilities of consumers and the responsibilities of management companies. I would like to emphasize that this will not lead to additional expenses of the federal budget,” commented Mikhail Men, Minister of Construction and Housing and Communal Services of the Russian Federation. Thus, in the event of a consumer’s temporary absence from a residential premises (more than 5 full calendar days in a row), the fee for the service for handling solid waste is recalculated in the general manner.
The minister explained that the document also defines the procedure for calculating the amount of payment for the service for handling municipal solid waste. By default, it will be calculated based on the number of citizens living in the residential premises and the standards for the accumulation of municipal solid waste. At the same time, regional authorities may decide to pay for utilities based on the total area of the living space.
In the case of separate accumulation and collection of sorted waste, as well as if this is specified in the agreement concluded with the regional operator for the provision of services for the management of MSW, the amount of the fee can be determined based on the actual number of containers with sorted and unsorted waste, which will reduce the overall amount fees for the service provided.
Deputy head of the department Andrei Chibis added that the adoption of the Resolution introduces quality parameters for the management of solid municipal waste, for non-compliance with which the regional operator is responsible, and also noted that when calculating the marginal index that limits the size of municipal services, the treatment of municipal solid waste will now also be taken into account waste.
The changes approved by the resolution will be applied from the day the regional operator begins its activities for the management of municipal solid waste.