What is municipal solid waste and how to deal with it. What kind of waste is MSW? we look carefully FKKO Definition of solid municipal waste

The article was published in the journal Ecologist's Handbook No. 5 (29) May 2015.
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M. Lamikhova, environmental engineer GK "Ecological Center"

AT recent times The environmental community is literally in a fever from the simultaneous adoption of several serious legal acts 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 – 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 on all the changes provided for by Federal Law No. 458-FZ. We only note that they touched on almost all aspects of waste management: the issues of ownership of waste, the procedure for licensing waste management activities, professional training of persons admitted to waste management, and much more were touched upon. In addition, the terminology used in the field of waste management has also been changed.

Innovations have also touched upon the most frequently generated waste - solid household waste. So, in Art. 1 of the Federal Law of June 24, 1998 No. 89-FZ "On Production and Consumption Waste" (hereinafter - Federal Law No. 89-FZ), a new term for this category of waste has appeared:

extraction

Article 1. Basic concepts

[…]
solid municipal waste - 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 meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals;
[…]

In addition, new terms related to the treatment of MSW were introduced into this article:

extraction
from Federal Law No. 89-FZ

Article 1. Basic concepts
[…]
standard for the accumulation of municipal solid waste- the average amount of municipal solid waste generated per unit of time;
[…]
municipal solid waste operator— an individual entrepreneur or a legal entity carrying out activities for the collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste;
regional operator for municipal solid waste management[…] is an operator for the treatment of municipal solid waste - a legal entity that is required to conclude a contract for the provision of services for the treatment with municipal solid waste with the owner of municipal solid waste that is generated and the places of collection of which located in the area of ​​activity of the regional operator;
[…]
balance of quantitative characteristics of the formation, disposal, neutralization, disposal of solid municipal waste on the territory of a constituent entity of the Russian Federation - the ratio of the amount of solid municipal waste generated and the quantitative characteristics of their utilization, neutralization, disposal, transfer to other constituent entities of the Russian Federation (receipts from other constituent entities of the Russian Federation) for subsequent disposal, neutralization, burial;
[…]

Thus, our familiar term "solid household waste(MSW)" was replaced by "solid municipal waste (MSW)". In our opinion, the new term is more consistent with the current environmental practice. In addition, completely new concepts have been introduced into the field of waste management. MSW management operator and regional operator for the treatment of MSW, which are understood as organizations of the communal complex.

In accordance with Federal Law No. 458-FZ, effective January 1, 2016, Federal Law No. 89-FZ will be supplemented by Art. 13.2, which contains requirements for design 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 measures 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 facilities for the processing, disposal, neutralization, and disposal of waste (including MSW); co-financing the construction of facilities for the collection, transportation, processing and disposal of waste from the use of goods; stimulation of waste disposal, identification of places of unauthorized waste disposal, etc. The list of measures will be taken into account when forming the measures of the relevant state programs and will be subject to agreement with the territorial bodies of the authorized federal executive body (that is, 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, disposal and disposal of waste, on the location of waste collection and accumulation sites, on the location of processing facilities , disposal, 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 be made publicly available on the Internet.

From January 1, 2016, Federal Law No. 89-FZ will be supplemented with a whole chapter - ch. V.1 "Regulation of activities in the field of municipal solid waste management"(Art. 24.6-24.13).

In accordance with Art. 24.6 collection, transportation, processing, disposal, neutralization, disposal of MSW in the territory of the subject 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 the management of MSW approved by the Government of the Russian Federation will have to be observed. The treatment of MSW, which are 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 MSW owner will conclude with the regional operator public contract in accordance with a model 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 conclude 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 subject of the Russian Federation in accordance with the rules for handling MSW and taking into account the agreement concluded between the subjects of the Russian Federation). This situation cannot but rejoice, because it turns out that the owners of MSW facilities - regional operators - will have not only rights, but also obligations.

For example, the author of the article, who at one time worked as an environmentalist for a large enterprise, went off her feet in search of companies willing to accept some specific types of waste. Moreover, these wastes were indicated in the licenses of the companies, but for various reasons (most often it was the lack of profit and the desire to “mess around” with such waste) we were refused.

Based on Art. 24.8 k regulated activities in the field of MSW management will include:

MSW processing;

Disposal of MSW;

MSW burial;

Provision of services for the treatment of 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 these types of activities, and for each of the listed types of activities. Regulation will be subject to a single tariff for the service of a regional operator for the treatment of MSW, as well as tariffs for the processing, neutralization and disposal of MSW.

NOTE

When establishing a single tariff for the service of a regional operator, its costs for the processing and disposal of MSW will not be taken into account.

According to Art. 24.9 regulation of tariffs will be carried out by the executive authorities of the constituent entities of the Russian Federation or local governments. A single tariff for the MSW management service will be set for regional operators, and other regulated tariffs for MSW management operators. Tariffs will be calculated on the basis of pricing principles established by the Government of the Russian Federation. The methods of tariff regulation and the 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, in connection with changes in legislation), a procedure will be provided for compensating for 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 in order to calculate the volume and (or) mass of MSW, when concluding contracts with MSW operators, it will be necessary to be guided by rules for commercial accounting of the 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 the executive authorities of the subject of the Russian Federation or local governments. The procedure for determining the MSW accumulation standards will be established by the Government of the Russian Federation.

According to Art. 24.11 all information relating to regulated activities for the treatment of MSW (including information on tariffs and parameters of tariff regulation) will be public and should be published on the Internet.

Based on Art. 24.12 the legitimacy and validity of setting and changing tariffs will be checked at the federal and regional levels, with planned and unscheduled inspections (for example, at the request of citizens) being expected to be carried out.

In addition, according to Art. 24.13 now for the construction, reconstruction and (or) modernization of facilities used for the treatment of MSW, it will be necessary to draw up on the basis of the territorial scheme in the field of waste management investment program, which will have to contain the planned and actual values ​​of the performance indicators of MSW management facilities, a list of measures for construction, reconstruction and (or) modernization, the amount of financial needs, the program implementation schedule and a preliminary calculation of tariffs in the field of MSW management. The procedure for developing, coordinating, approving and adjusting 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 the entry into force of Ch. V.1 of Federal Law No. 89-FZ, i.e. until January 1, 2016

NOTE

FROM January 1, 2016 Art. 23 of Federal Law No. 89-FZ will be supplemented by paragraphs. 4 and 5, according to which the payment for the negative impact on the environment (hereinafter referred to as NEP) when placing waste ( except for MSW) will be carried out by individual entrepreneurs, legal entities, in the course of which economic and (or) other activities generate waste, while payers of fees for NVOS when placing MSW will be MSW management operators, regional operators, carrying out activities for their placement.
In addition, according to paragraph 9, which will also be supplemented from January 1, 2016, Art. 23 of the Federal Law No. 89-FZ, the costs of paying for NWOS when placing MSW will be taken into account when setting tariffs for an operator for the treatment of MSW, a regional operator in the manner established by the pricing principles in the field of MSW handling.

Let's note one more important point: With January 1, 2019 Art. 23 of Federal Law No. 89-FZ will be supplemented by paragraphs. 6 and 7, on the basis of which, when waste is disposed of at waste disposal sites that do not provide NVOS, no payment for NVOS will be charged, however, it should be noted that the exclusion of NVOS (due to the implementation of environmental measures, the presence technical solutions and facilities to protect environment) will need to be confirmed by environmental monitoring.

As we can 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, 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 be able to participate only in the collection and transportation of MSW, district - in the processing, disposal, disposal and disposal of MSW, and urban - in all of the above operations within urban districts.

In our opinion, all this is only for the better. In the course of her career, the author has repeatedly worked with village administrations on the issue of concluding agreements with licensed landfills and can state with confidence that chaos reigns in the field and a complete misunderstanding 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 an agreement with a landfill from a rural school, was instead presented with a certificate with the seal of the local administration stating that this school was allowed to take out solid waste to the nearest ravine outside the village!

Significant progress towards achieving safe waste management can occur if users of natural resources 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. Burial of waste, which includes useful components to be disposed of, is prohibited. The list of types of waste, which include useful components, the disposal of which is prohibited, is established by the Government of the Russian Federation.
[…]

For example, in her practice, the author encountered a situation where in one region it was strictly forbidden to place used filters at the landfill, while in another it was allowed.

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 by paragraph 10 of the following content: "It is forbidden to use municipal solid waste for land reclamation and quarries". One of the author's articles, published earlier in the Ecologist's Handbook, was devoted to this issue. The fact is that many unscrupulous users of natural resources are currently trying to “place” their household and construction waste, filling voids from the development of minerals or trenches, pits, quarries, passing off this process as land reclamation. Moreover, there are cases of coordination (!) of projects of such reclamation. Over the past couple of years, several explanatory letters from Rosprirodnadzor have been issued clarifying this situation. And now, fortunately, the norm under consideration will be enshrined in law, which will exclude any discrepancies.

We briefly reviewed the innovations in the field of MSW (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. How it will work in practice, time will tell. 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.

For more information about these changes, see:

-Prokhorov I.O. Waste management: new terminology and new concepts // Ecologist's Handbook. 2015. No. 2. P. 8-24 ( http://www.profiz.ru/eco/2_2015/458-FZ/);

- Zhelyabovskaya D.S. Implementation of the provisions of the Federal Law of December 29, 2014 No. 458-FZ: draft regulatory legal acts // Ecologist's Handbook. 2015. No. 4. P. 14-28 ( http://www.profiz.ru/eco/4_2015/458-FZ_proekty/ http://www.profiz.ru/eco/12_2014/rekult/).

The main composition of MSW is garbage from residential premises, in the legal interpretation these are goods that have lost their value. It does not matter who the owner of the waste is: an individual or a legal entity.

The removal of MSW (municipal solid waste) takes place according to general scheme: transport and a container for collecting garbage are served, filled and transported to the place of sorting, burial, processing or destruction.

Features of MSW removal in Moscow

Standard MSW removal in Moscow looks like a one-time order or a permanent contract with an organization. It is possible to supply containers to the sites and replace them as they are filled or according to the schedule. You can also order the services of workers and loaders for collecting garbage, dismantling structures.

Benefits of Sanitarim

Sanitarym specialists take out the garbage 24/7. At the same time, lawyers take into account the subtleties of the legislation, they know how to correctly draw up accompanying and payment documents. Nothing has changed for customers - you can still order MSW removal around the clock, from any district of Moscow, choose a container, additional services and a convenient payment option.

To view the photos posted on the site in an enlarged size, you need to click on their reduced copies.

For some reason, people like to dump garbage in places where nature is still preserved ...

Margaret Atwood,
Canadian writer

Starting to work on the topic of garbage in gardening, I shoveled several sites with quotes. It's amazing that the waste of our human civilization quite a lot of lines are devoted to known and unknown, famous and not so writers, politicians, journalists, scientists, philosophers and other different people. The quote by Margaret Atwood found and used on this page fits the theme perfectly. Why?

We go by car to any gardening. We get out of the car for 1 kilometer or 500 meters and, further, to the entrance to the territory of compactly located garden plots, we walk, looking at the untouched nature. And here is trash near the carriageway. Somewhere these are separate bags, already torn apart by cats, dogs, wild animals, and somewhere solid dumps, shocking any gardening guest with their stench, and gray-brown tailed rodents running through the garbage. "This is not suitable for our SNT," some gardeners will say. Then perhaps you have other problems?

We go to another place where there are no landfills at the entrance to the gardening. By the way, you still need to figure out the number of entrances to this SNT. If there are several of them, then this SNT will also have landfills. Don't keep track of everyone dumpster at each entrance you will not deliver. It is costly, however. Let's get back to our walk. Here we are passing by an abandoned site. It would seem - it should be an untouched piece of nature. No, we remember Atwood, this site is abandoned with garbage, because a person considers it his duty and a matter of honor to at least somehow indicate his presence even in such a wild place. Finally, we reach a platform with a large dumpster.

If you wish, try to ask questions about what the owners of the sites adjacent to the container site think about the garbage. Almost 100% sure that if they don’t swear at you, then they will say a lot of unflattering words about the SNT, the board, and the fucking general meeting, which “decided” to put no less fucking dumpster under their noses. What usually comes out of this, I hope, it is not necessary to tell.

And how great it is to get into gardening for the weekend, when organizations that collect and export trash to the landfills, rest, and then the May holidays drew. Breathe deep fresh air! For owners of garden plots with such a garbage neighborhood, there is only one way out - to file a lawsuit if, according to the norms, 20 meters from the border of his (their) plots to the garbage container are not met and the decision of the general meeting does not contain their personal signatures agreeing with such a neighborhood. And if the rules of paragraph 5.11 of the Code of Rules 53.13330.2011 are observed, then secretly watch the grandmother dragging her garbage 500 meters from the site to the dumpster. Yes, yes, half a kilometer. Nothing has been invented - these are the norms of the named joint venture. Grandmother was raised back in the Soviet Union, but it’s not a fact that she will drag her garbage to the container, and not under cover of night, to the nearest abandoned site or dump her neighbor under the fence into a ditch. And let's remember the generation of the 90s, whose upbringing took place at a time when their parents were forced to survive, and not to put the foundations of socialism and communism into the heads of their children. They, rather than grandmothers, will make a strong-willed decision and throw away their garbage not far from their sites, without bringing it to the garbage site. And there are much more such "educated" than ill-mannered grandmothers. Go there, figure it out in the morning, whose garbage is dumped in the wrong place?

Let's assume that this is not about you and your gardening. You have one entrance-exit, a garbage platform is equipped at the entrance, there is a large container, there is a person in charge, who keeps order at the site, orders on time garbage removal, the board strictly suppresses unauthorized dumps within the territory. Everything seems to be fine. And here is one question itching. Where do people take money for garbage? To the board. Do they all deliver on time? In SNT, according to 217-FZ of 07/29/17, communism was proclaimed after all. Or is it still not? Maybe even under communism there will always be black sheep who are in no hurry to hand over their money, but use the dumpster to the fullest. "You can ban use through the watchman if they don't pay," you say. It is possible, if it exists, and SNT has a great desire to pay money to someone who will guard the garbage. What if there is no such money? And for medium and small horticultural associations, this is not an idle question - this is a reality that must be reckoned with.

You can still speculate about the existing garbage problems, but apart from gardeners, our deputies are already discussing this topic. As a result of their work, from January 1, 2016, the updated Federal Law 89-FZ of June 24, 1998, as amended on July 13, 2015, was put into effect " On production and consumption waste". Has the law affected horticultural and other associations involved? Yes and no. This is what we will analyze below on the page, but for now we will outline the range of questions:

What MSW and how does the legislation define the basic concepts in the field of collection, storage, removal and disposal of waste?
What are the options for solving the problem of garbage collection and disposal in SNT (TSN)?
What powers does the SNT (TSN) have to organize the collection, storage and removal of MSW?
What is the responsibility for the lack of contracts for MSW removal for legal entities and individuals?
How should the issue of MSW management be resolved from 01/01/2019 in accordance with regulatory legal acts?
Is it possible to provide citizens with a public service for the treatment of MSW by SNT?

Not everything is clear in gardening with garbage. And even where the problem is allegedly solved, it is far from its compliance with the norms of the law. Let's figure it out, gentlemen-comrade gardeners!

Municipal solid waste in SNT, TSN

And what is trash? Whose is he?

In mid-May 2016, in one of the horticultural associations of Kaliningrad, the following dialogue took place between the chairman, an accountant and a guest who was there at their invitation:

And how is it organized in your SNT garbage collection and disposal? - the guest asked a question.

We have large open garbage containers of the association, which are taken out as they accumulate, - the chairman quickly answered. - garbage collection agreement SNT is concluded with a specialized organization.

And how do the owners of garden plots, which are nearby, relate to the location of containers?

They complain and swear about the stench, rats, garbage, which nonhumans do not dump into a container, but leave it nearby.

Whose garbage do you think it is? Who does he belong to?

So, what is there to think? Garbage - gardeners.

Then tell me, on what basis do gardeners, they are the owners of garden land, they are individuals throw their own garbage into containers belonging to SNT?

There was no clear answer. There was a stupor, and a weak explanation sounded, - But somehow we didn’t think about it. Garbage is not without problems, but it is taken out, and that's good. Is there something wrong?

Not this way! At least for SNT, where the property rights to land for common use for SNT and similar rights to land of individuals who are part-time members of this SNT are properly executed. The issues of collection and disposal of garbage according to the law should be addressed differently. Let us turn to the norms of the updated federal law and try to clarify something for further analysis of the topic.

Solving garbage problems in SNT (TSN).

Option 1: SNT, as a legal entity, concludes its own agreement for garbage collection, and the owners of garden plots conclude separate individual agreements.

Federal Law No. 89-FZ of June 24, 1998 (as amended on July 13, 2015) "On Production and Consumption Wastes"
Article 1 "Basic concepts"

The following basic concepts are used in this Federal Law:

- production and consumption waste(hereinafter referred to as waste)- substances or objects that are formed in the process of production, performance of work, provision of services or in the process of consumption, which are removed, are intended for removal or are subject to removal in accordance with this Federal Law;

- waste collection - acceptance or receipt of waste from individuals and legal entities for the purpose of further processing, disposal, neutralization, transportation, disposal of such waste;
(the paragraph was introduced by Federal Law No. 309-FZ of December 30, 2008, as amended by Federal Law No. 458-FZ of December 29, 2014)


Pay attention to the concept of COLLECTION of waste. It is very important for further conversation and understanding of how to act in every horticultural association without exception. We are talking about the transfer of ownership of property, which is waste.

- municipal solid waste- 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 meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals;


- standard for the accumulation of municipal solid waste - the average amount of municipal solid waste generated per unit of time;
(the paragraph was introduced by the Federal Law of December 29, 2014 N 458-FZ)


The Government of the Russian Federation adopted Decree of 04.04.2016 N 269 "On the determination of the standards for the accumulation of municipal solid waste" (together with the "Rules for determining the standards for the accumulation of municipal solid waste"). According to this decision local authorities executive authorities or self-governing bodies of citizens have already begun to measure and subsequently determine the standards for the accumulation of MSW. For the gardener, this means that by the end of 2016, a waste generation standard must be established for a standard garden plot beyond the desire and opinion of the gardener. Based on this standard, the authorities authorized by the government will require an individual (the owner of a land plot) to conclude an agreement for the treatment of municipal solid waste and, accordingly, pay for this service in the amount determined by the standard.

This is how it should have happened. But that didn't happen. At least the governors, many regional governments have not coped with the task. In Kaliningrad, as of 07/01/2019, the standard for the accumulation of MSW for SNT, as legal entities, and for owners of garden land plots has not been established. And this does not allow the named persons to conclude an agreement for the treatment of MSW with a regional operator due to the impossibility of calculating the volume of generated waste in the agreement.

- municipal solid waste operator- individual entrepreneur or legal entity carrying out collection activities, transportation, processing, disposal, neutralization, disposal municipal solid waste;


SNTs in which garbage is taken out to large garbage containers owned by a legal entity before it is collected fall under this definition, because. carry out garbage collection. Thus, SNT, like it or not, is a waste management operator. But, SNT does not have the right to engage in commercial activities for the collection and accumulation of MSW. This dilemma and the way out of it, we will consider below on the page.

- regional solid waste management operator (hereinafter also referred to as the regional operator) - municipal solid waste management operator - a legal entity that is obliged to conclude an agreement for the provision of services for the treatment of municipal solid waste with the owner of municipal solid waste, which are formed and the collection points of which are located in the area of ​​activity of the regional operator;
(the paragraph was introduced by the Federal Law of December 29, 2014 N 458-FZ)

Note that the law defines two persons: regional operator or operator. In the second case, the operator must necessarily conclude an agreement with a regional operator. Such an operator can practically be SNT, which collects waste from individuals. But a contradiction arises: the regional operator and the waste management operator are public commercial enterprises (Article 27.7 of the law - see below), but SNT does not fall under this status. In addition, in the goals and objectives of the SNT there are no provisions that would allow the association to provide services for the collection and removal of MSW for third parties, which are individuals. TSN, by the way, although not indisputably, can quite solve such problems, because. should and must have a management agreement with each owner of a land plot for property management. MSW is also property. True, municipal solid waste is not the property of either a legal entity used by individuals, or the common shared property of citizens. But the goals of TSN are completely different.

In the actions of the state and the government in particular, one can see different, directly opposite from each other goals and objectives in relation to gardeners and the garbage generated in the SNT. And the solution of these problems depends on the specific association represented by its board and the citizen, as the owner of the garden land:

Some scream that their last shirt is taken away from them, they are forced to pay for something that does not exist and never will; that the government and deputies are doing everything against the people, ruining and destroying gardening as a national phenomenon, etc., etc.

Others see in the adopted acts and the subsequent actions of local authorities salvation from garbage, which accumulates more and more every year. As a result, less and less remains around gardening untouched by man and his waste of nature. After all, sometime it is necessary to put things in order in the issue of collection, removal and disposal of waste, putting one bullet point in each specific SNT.

Like it or not, once again, the next norm of the law clarifies the question of the ownership of garbage as property that cannot but have its owner, and confirms the "guess" of the chairman of one of the Kaliningrad SNTs set out in the preface to the page.

Article 4
(as amended by Federal Law No. 458-FZ of December 29, 2014)

Ownership of waste is determined in accordance with civil law.

What do we get as a result? We get what SNT, as a legal entity, forms trash. Therefore, it must be taken out with subsequent placement, processing, disposal, etc. For this purpose, any SNT (including TSN) is obliged to conclude export contract MSW.

We don't have trash! the chairman will say. - He's at the gardeners on their plots.

True, but the presence of garbage at the SNT itself and the need to conclude an agreement for its export is solved very simply. The ATI inspector (administrative and technical inspection) arrives at the SNT, asks to show the contract. In his absence, he writes out an order, where he indicates the need to conclude an agreement and indicates the deadlines. Then, in case of failure to meet the deadlines and re-inspection, an administrative fine should be imposed. As you understand, gardeners will have to pay. Why? But because there is no profit in SNT by definition. The fine that can be imposed on the chairman will be from 10,000 to 30,000 rubles, and on a legal entity - from 100,000 to 250,000 (Based on the Code of Administrative Offenses, article 8.2 "Failure to comply with environmental and sanitary and epidemiological requirements when handling production waste consumption, ozone depleting substances or other hazardous substances").

Similarly, repressions are carried out against the owner of a garden plot of land. The owner of the site, as an object of ownership, in the course of its use and activities on it, forms garbage. It also needs to be taken out. Part of the garbage can and should be disposed of on the site in compost heaps. But there everything MSW do not stuff. Don't wait for them to break down. Life is not enough. Burying garbage or burning is prohibited. Even leaves and grass! Talking about the fact that you take your garbage to the city and throw it into a dumpster there is not a legal solution to the problem, because there, in the city, you pay according to standards that do not take into account the generated garbage from your site. If you have a different opinion, please be so kind as to send a scanned contract through the CONTACTS page with lines on the inclusion of your suburban garbage from the dacha. Personal data will be deleted from the contract. Such an amazing document will be immediately reflected on the site page, as proof of the total confusion and unpredictability of the actions of everyone and everything.

"A contract is a voluntary matter!" - a competent gardener will exclaim - "I want, I conclude, I don't want, I don't conclude!" Absolutely right. Just don't miss one detail, which is prudently mentioned in the law. Let's quote:

Article 421 "Freedom of contract" of the Civil Code, Part 1

1. Citizens and legal entities are free to conclude a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, law or voluntary commitment.

As you can see, there is a rule for the trick of the "smartest" not to conclude a contract, which obliges to do so. Let's look further at our 89-FZ dated 06/24/1998 (as amended on 07/13/2015) "On production and consumption waste". Does it contain norms that can force owners to conclude contracts for garbage collection?

Article 24.7. "Contract for the provision of services for the treatment of municipal solid waste" FZ-89 dated 06/24/1998

1. Regional operators enter into contracts for the provision of services for the treatment of municipal solid waste with the owners of municipal solid waste. The contract for the provision of services for the treatment of municipal solid waste is public for the regional operator. The regional operator is not entitled to refuse to conclude an agreement for the provision of services for the treatment of municipal solid waste to the owner of municipal solid waste that is generated and the collection points of which are located in the area of ​​its activity. Regional operators have the right to conclude contracts for the provision of services for handling other types of waste with the owners of such waste.
2. Under the contract for the provision of services for the treatment of municipal solid waste regional operator undertakes to accept municipal solid waste in the volume and in the places specified in this agreement, and ensure their collection, transportation, processing, neutralization, disposal in accordance with the legislation of the Russian Federation, and the owner of municipal solid waste undertakes to pay for the services of a regional operator at a price determined within the limits of the unified tariff approved in accordance with the established procedure for the service of a regional operator.

This provision of the law is, in essence, the subject of an agreement on the collection and removal of MSW for legal entities and individuals.

3. Owners of municipal solid waste are obliged to conclude an agreement for the provision of services for the treatment of municipal solid waste with a regional operator in whose area of ​​activity solid municipal waste is generated and places of their accumulation are located.
   (as amended by Federal Law No. 503-FZ of December 31, 2017)
4. The contract for the provision of services for the treatment of municipal solid waste is concluded in accordance with a standard contract approved by the Government of the Russian Federation. The contract for the provision of services for the treatment of municipal solid waste may be supplemented by agreement of the parties with other provisions that do not contradict the legislation of the Russian Federation.

The first and second parts of the article of the law deal with the regional operator and its obligations. What matters is that regional operator does not have the right to refuse to conclude an agreement on the export of MSW. Until 01/01/2019, according to the current old norms, it was not so easy to find an operator who would agree to take out your garbage. They sent away the one who turned along with his garbage. And there was no way to find a government for them, unless you connect those responsible for organizing the entire garbage issue. But more on that below on the page about the experience of SNT "Pishchevik".

But the fourth part of Article 24.7 provides for an imperative rule that the owner of municipal solid waste is obliged to conclude an agreement with a regional operator. In the norm, there are no words "at the discretion", "at will", "if necessary", "with consent", "may" and others that would make it possible to manipulate the verb "conclude", replacing it with a non-binding action or a condition that denies the obligation of the contract. Additionally, the norm of the law is strengthened in the Government Decree, which says:

Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 (as amended on December 15, 2018)
" ".

The absence of a contract for the removal of garbage from your favorite garden plot entails for you first an ATI inspector to issue an order similar to that issued by SNT, and then a fine. Today the fine is from 1500 to 2000 rubles. (Article 8.2 of the Code of Administrative Offenses). If you climb into the bottle and continue ignoring the norms of the law, the fine will increase, and then there will be a court decision on the claim of the local administration of the district (city) to deprive you of the rights to the site. The choice is yours!

Option 2: SNT, as a legal entity, concludes an agreement for garbage collection, the owners of garden plots of land do not have separate agreements for garbage collection.

After all that has been said above, such a statement may seem nonsense. But this is not so, despite the fact that today almost all horticultural associations take out garbage through a single agreement for the removal of MSW concluded between SNT (TSN) with one of the specialized licensed enterprises. At the same time, gardeners, without any reason, throw their garbage into the containers of a legal entity, and a legal entity, without reason, accepts money from SNT members for garbage, which, by definition, members of SNT cannot have, but individuals, owners of land plots. At the same time, no one signs any agreements between the SNT and members.

It turns out that we still have such SNTs in the Russian Federation, where gardeners conduct collective gardening. The demarcation of individual plots in such SNT did not end with the registration of property rights of each individual to a land plot with the receipt of a certificate of ownership of the land or a certificate of state registration of rights. In such an association, therefore, there is a SNT as a legal entity, and there is a legal entity's right to the entire land allotment, but this is not a property right, but the right to permanent perpetual use of land or the right to common joint use. In conditions where property rights are not registered with gardeners, they, as individuals, without property, cannot conclude any contracts in respect of property that does not belong to them. The same is true for garbage. Garbage in the areas is formed, but follows the fate of the land. And it belongs or is owned by SNT.

In this case, the SNT enters into an agreement for garbage collection with the relevant company, and the members of the SNT throw away the garbage not as their own, but as formed as a result of the horticultural activities of the legal entity by its participants (members).

It is important to understand, what members of the SNT do not have, have not had and will not have property in the property, because they are only members of a legal entity. Property according to Art. 48 "The concept of a legal entity" The Civil Code may have a legal entity itself. Such property belongs to a legal entity, not members. The property of a legal entity is separated from the property of other persons: legal entities and individuals.

Citizens as individuals, may be participants in a legal entity and may own property. But this is not the property of a legal entity, but their personal property., which is also isolated from the property of other persons, including legal entities. (CC Article 18 "Content of the legal capacity of citizens").

And how is garbage taken out in most SNTs, and what could be the consequences?

The answer to this question is: Easy and simple as before, without thinking about the consequences. The order was once established by someone long ago, and it is not questioned by anyone. The legal entity is responsible for everything. And absolutely no one thinks that the law from December 29, 2014, FZ-458 established the ownership of garbage, introducing an addition to the 89-FZ of June 24, 1998 in the form of Article 4 in a new edition. "So what? - you ask. - And what has changed for the SNT and its members?"

What has changed is that citizens - individuals (the concepts are equivalent) and at the same time, being members of the SNT, suddenly acquired property rights to the garbage they produce in the course of their horticultural activities. Keeping in mind that members of the SNT (TSN) do not have property, tk. all the property of the SNT is owned by the legal entity, citizens must now dump this garbage somewhere. Former relationships that existed until now are impossible, because property rights can be transferred to someone on some specific basis. Ownership, of course, can be abandoned in accordance with the norms of Art. 236 "Relinquishment of Ownership". But the fact is that the rights and obligations in relation to garbage, from which you voluntarily renounce, continue to work and act until another person acquires ownership rights to your property (garbage).

Example: Let's assume a situation where you threw your garbage into the SNT garbage container. And how would they transfer ownership of their former property to a legal entity. The question arises. And why did SNT suddenly take on the obligation to receive your garbage and acquire ownership of it? In practice, the action seemed to have happened, but theoretically? At any time, a legal entity can refuse your garbage. Especially if the hazard class of your MSW does not correspond to class 5 (we will talk about classes below). In this case, if the relevant authority fixes the waste of 1-4 hazard classes in a garbage container, SNT can still avoid a fine. Unlikely, but possible. Suddenly, someone saw and will confirm your covert operation to abandon your MSW in favor of another person (SNT). The penalty will definitely be presented to you. And it won't be small. 2000 rub. no longer get off.

And how can SNT transfer ownership of your MSW otherwise than by concluding an agreement based on the Civil Code? But none. There are no legal options. Any other case involves the drawing up of an act on, at a minimum, the acceptance of orphan garbage from an unidentified person. But, the garbage accepted by the legal entity must not only be collected, but also taken out of the gardening. And you have to pay for it. How long do you think it will take before the members of the SNT, and there are no other payers in this legal entity, will understand that they are famously throwing money at money? One spark is enough and a flame will ignite, which will lead to a search for ways out of communism. And there is only one way out - in the individual agreements of each MSW owner with a licensed company. And SNT, the best thing in this situation, is to be excluded from the chain altogether: an individual (gardener) - his garbage, collection and disposal of MSW, putting all this kitchen on the shoulders of a specialized company (regional operator).

Or maybe another way out? It is necessary to slightly change the order that exists today in SNT by concluding agreements between SNT, as a legal entity, and each owner of a garden plot of land without exception for garbage collection. And then everyone will live peacefully and happily. No, there will be no happiness. There are some pitfalls, apart from the publicity of waste collection and disposal activities. It would be not only wrong, but also reckless not to take into account all the risks and all the norms of the law, because everyone will have to pay fines for ignorance and negligence. One of the stones is the licensing of waste management activities.

Licensing of activities for the collection, transportation, processing,
placement, neutralization, disposal of waste I - IV hazard classes,
provision of SNT utility services for the treatment of MSW

All of us in SNT are not very stressed by the transportation, processing and further actions of the company with our MSW. But you need to pay attention to.

Article 9 "Licensing activities for the collection, transportation, processing, disposal, neutralization, disposal of waste of I - IV hazard classes" FZ-89 of 06/24/1998
(as amended by Federal Law No. 458-FZ of December 29, 2014 (as amended on June 29, 2015))

1. Licensing of activities for the collection, transportation, processing, disposal, neutralization, disposal of waste of I-IV hazard classes is carried out in accordance with the Federal Law of May 4, 2011 N 99-ФЗ "On Licensing certain types activities" subject to the provisions of this Federal Law.

We supplement this provision with the fact that after 01.01.2016, the activities of legal entities and individual entrepreneurs in the collection of MSW without a license are not allowed. But there is one good news. Licensing is subject to the collection of MSW only 1 - 4 hazard classes. Hazard class 5 waste can still be collected without a license.

One of the sites has the following information: Waste Collection and Transportation License Hazard classes 1 - 4 are issued by local authorities within 3 months and cost 1,200,000 - 1,300,000 rubles. And the inclusion of garbage processing (sorting) in the license will require up to 5 months at a cost of 2,000,000 - 2,300,000 rubles. The only reassurance is that the validity of the new licenses is indefinite or until they are deprived of it for violations.

Let's define the hazard classes of waste in any gardening. Naturally, we are talking about MSW of gardeners, because, having excluded the 2nd option (gardeners do not have ownership rights to the plots), they are the main supplier of garbage. The legal entity itself produces extremely little waste. And it refers more to office waste. And this is just paper, which burns wonderfully in winter in any stove, completely legally and free of charge.

So, the main waste generated on the garden land is municipal solid waste. They belong to the 5th hazard class. The collection of such waste, subject to the existence of an agreement on the collection of MSW between SNT (TSN) and an individual, the owner of a garden plot of land, is not subject to licensing. However, it should be understood that all recent changes in legislation and measures taken at the level of the state and local authorities indicate that in the future legal acts and control in the field of waste management will only become tougher. It can be concluded that in the near foreseeable future, the area of ​​waste management of hazard class 5 will fall under licensing or will be allocated to a separate program of companies involved in MSW. As you understand, neither SNT nor TSN fall under this program due to their non-commercial nature and the absence of regulations in the law that allow garbage to be dealt with. The norms, which are specified in the Code of Rules 53.13330.2011 in relation to garbage sites in SNT, relate to the field of design, and not to the obligation of a legal entity to deal with MSW (see carefully the scope of the rules at the very beginning of the document). Try to find in our new 217-FZ dated July 29, 2017, the norms on the obligations of a legal entity to collect garbage from third parties (these are the owners of garden plots). They are not here. Let's give the norm, which I remember about the garbage in the SNT from this law:

Article 7

1). creation of favorable conditions for citizens to conduct horticulture and horticulture(supply of heat and electricity, water, gas, sewerage, solid municipal waste management, improvement and protection of the territory of horticulture or horticulture, ensuring fire safety of the territory of horticulture or horticulture and other conditions);

Creating conditions for horticulture does not mean at all the activities of SNT for the collection and accumulation of MSW coming from third parties (by third parties we mean individuals, owners of garden plots within the boundaries of one garden). Otherwise, it would have been so written in the next norm. We look:

Article 14

5. Membership fees can be used exclusively for expenses related to:

3). with the implementation of settlements with the operator for the treatment of solid municipal waste, the regional operator for the treatment of solid municipal waste on the basis of agreements concluded by the partnership with these organizations;

As you can see, there is not a word about the fact that such agreements can be concluded with a regional operator in the interests of citizens who are owners of garden land plots, and, of course, in accordance with the law with owners of municipal solid waste. Conclusion: We are talking exclusively about the garbage of the legal entity itself.

Or, perhaps, there are such grounds in the norms of the Civil Code that tell about associations of property owners? But TSN is created to manage the property of a legal entity, which is used by citizens and to manage the property of citizens, which is in the common shared ownership of these persons. Where's the trash? There is no mention of garbage, because this utility service is entrusted to a regional operator or an operator that has an agreement with a regional operator. And these are public, commercial companies. Neither SNT nor TSN qualify for this status. Yes, and property management does not include the function of collecting and removing garbage.

Nevertheless, our government managed to insert into Decree No. 354 of 05/06/2011 norms that allow the provision of public services in the field of MSW management to citizens who have garden plots within the boundaries of gardening. "Well, that's what we said!" - the chairmen will be delighted, rubbing their hands. This is another leverage and a stream of money. But let's hurry to reduce the joy. Public service the population is carried out according to the tariff established by the regional service for state regulation of prices and tariffs. Therefore, if, for example, the tariff is set for the region in the amount of 458.57 rubles. for 1 cu. MSW meter, then it cannot be changed. What is the benefit for SNT? And in nothing. The horticultural association hangs on itself tasks that are unusual for it and problems with it, but first let's look at the norms:

Decree of the Government of the Russian Federation of May 6, 2011 N 354 (as amended on December 21, 2018)
"On the provision of utility services to owners and users of premises in apartment buildings and residential buildings" (together with the "Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings").

148(5). The conditions for the provision of public services for the management of solid municipal waste to the owner and user of a residential building (household) of his choice are determined by:

B) in an agreement on the provision of public services for the treatment of municipal solid waste, concluded by the owner of a residential building (household) with an organization (including a horticultural or horticultural non-profit partnership), which, on its own behalf and in the interests of the owner, concludes an agreement for the provision of municipal solid waste management services with the relevant regional municipal solid waste management operator. (as amended by Decree of the Government of the Russian Federation of December 21, 2018 N 1622)

That's not all. An agreement is a document signed by the parties, and this is confirmed by the norm of the same resolution:

148(10). The organization specified in subparagraph "b" of paragraph 148(5) of these Rules begins to provide public services for the treatment of municipal solid waste to consumers in a residential building (household) from the date of commencement of the provision of public services indicated in the agreement concluded with the owner of a residential building (household ) in a written contract for the provision of public services. The organization specified in subparagraph "b" of paragraph 148(5) of these Rules shall terminate the provision of public services for the treatment of municipal solid waste from the date of termination of the contract for the provision of the specified public service on the grounds established by the housing, civil legislation of the Russian Federation or the legislation of the Russian Federation on production and consumption waste.

That is, without a written contract, SNT cannot provide a service for the treatment of MSW to homeowners. Let's assume a situation where SNT nevertheless concluded such an agreement with citizens who have residential buildings within the boundaries of gardening. But what about those who do not have houses on their plots? The regulations are silent on this matter. Maybe this applies to all gardeners? We look at the norm (the decision is the same):

2. The terms used in these Rules mean the following:

"household" - a residential building (part of a residential building) and adjoining and (or) standing separately on a common land plot with a residential building (part of a residential building) outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden) , premises for keeping livestock and poultry, other facilities);

According to the norms of the law, residential buildings or households are real estate objects registered in the USRN with the designation "residential building", "residential building" (parts 10 and 11 of article 54 "Transitional Provisions" FZ-217 of 07/29/17) Garden houses to are not considered residential.

It follows from this that before the introduction of a norm in the said resolution, which applies to all citizens who have garden plots of land within the boundaries of gardening, the law does not allow concluding an agreement with gardeners who do not have a residential building on the plot. Based on the general trend that the state is building in relation to gardeners, it can be assumed that such an opportunity will be provided for SNT in the near future.

The following can also be predicted: After the full fulfillment of all obligations for the provision of municipal services for the treatment of MSW, medium and small partnerships will 100% refuse to fulfill their obligations under the contract and shift them to the regional operator, as provided for by the requirements of Federal Law-89 from 06/24/98 "On production and consumption waste". And if so, should the SNT shoulder activities that are not directly related to property management in accordance with the goals defined by 217-FZ of 07/29/17 for the activities of such legal entities?

Problems of SNT in the provision of public services when dealing with MSW:
1. According to the law, payment for utilities in favor of the RO occurs not according to the volume of waste removed, but according to the accumulation standard. The accumulation rate and the total amount of MSW will be calculated based on the number of owners who have individual garden plots within the boundaries of the gardening area, including plots with residential buildings located on them. As of 07/01/2019, regulatory legal acts do not allow the provision of a utility service for the treatment of MSW to owners of garden land plots that do not have households within the boundaries of such land plots.
2. Regulatory legal acts today do not establish the procedure for obtaining information for a regional operator (including for SNT) on the number of registered in residential buildings citizens permanently residing in horticulture.
3. At the moment, for citizens who own garden land plots who do not have households, in many regions there is no standard for the accumulation of MSW, which does not allow calculating the amount of payments for the provision of municipal services for the treatment of MSW.
4. When providing SNT utility services for the treatment of MSW, in addition to fulfilling all the requirements for such activities, in accordance with Government Decree No. 354 of 05/06/2011, it is necessary to constantly fight non-payers by collecting debts for paying for services through the courts. These are the same citizens who have not been to their sites for years, refuse to pay any fees, etc. It will not be possible to avoid including such citizens in an agreement between SNT and a regional operator for the treatment of MSW. This violates the rules for concluding such agreements in the interests of the owners of garden plots with gardening boundaries.
5. SNT is obliged to maintain a site for the accumulation of MSW at its own expense, subject to formalized ownership of such a site, its inclusion in the register of waste sites of the municipality and the availability of ownership rights to the land where the site is located.
   If the ownership of a piece of land general purpose SNT does not have it, then SNT has the right (but is not obliged) to lease a plot of land from the administration of the municipality and, for a fee under a lease agreement, provide paid services for maintaining the site. The site must meet the requirements of Government Decree No. 1039 dated August 31, 2018 "On approval of the Rules for the arrangement of places (sites) for the accumulation of municipal solid waste and maintaining their register." The obligation to create and maintain sites for MSW, incl. within the boundaries of horticulture, lies with local governments, subject to the existence of property rights to the land plot under such a site.

And now let's take a look at one tricky question. Can it happen that non-hazard class 5 waste ends up in a waste container of a legal entity? With all the measures taken by SNT (TSN) aimed at preventing this from happening, such waste will constantly fall into the container. No control will help. It remains only to identify the violation by the inspector and take repressive measures. And it is impossible to predict the appearance of the inspector. Let's look at the plate with waste hazard classes - the basis for future fines and troubles for all gardeners:

Waste hazard classes:
according to the order of the Ministry of Natural Resources of the Russian Federation and Ecology dated 04.12.2014 No. 536 “On approval of the Criteria for classifying waste as I-V classes hazards according to the degree of negative impact on the environment”

Say that the order is not a normative act and is not obligatory for execution by individuals. That's right, but the hazard classes of waste are also spelled out in the law:

Article 4.1 "Classes of waste hazard" FZ-89 dated 06/24/1998

Waste, depending on the degree of negative impact on the environment, is divided into five hazard classes in accordance with the criteria established by the federal executive body responsible for state regulation in the field of environmental protection:

Class I - extremely hazardous waste;
Class II - highly hazardous waste;
Class III - moderately hazardous waste;
Class IV - low-hazard waste;
Class V - practically non-hazardous waste.

And local authorities and self-government of citizens are authorized by the state to control the implementation of the law by all legal entities and individuals. Recall the proverb: "a pig will always find dirt." This is about a "bad" but conscientious inspector or other inspector. Yes, by the way, any gardener can find or throw waste of 1-4 hazard classes into a container, take a picture of it, invite witnesses, and then write a complaint to the authorities and thereby substitute any chairman (if not all legal entities, fines for SNT are imposed much more ) to the counter. Scoundrel! But this still needs to be proven. The inspector will not listen to excuses. Is it necessary for the chairman and the members of the SNT (TSN) themselves? I think no, it's not necessary.

A practical solution to problems with garbage in SNT (TSN).

Perhaps in SNT "Pishchevik" for a long time there would be no issues with garbage. A few years ago, in 2016, the board famously got out of the obligation to conclude a contract for garbage collection with the Kaliningrad city hall, saving about 200,000 rubles a year on this entire kitchen. But the company with which Pischevik had an agreement was liquidated, changed its sign and stopped providing services in the field of waste management. And then, out of nowhere, an ATI inspector (administrative and technical inspection) showed up and quickly issued an order with a period of 3 months to conclude an agreement on garbage collection. And what? Had the right. Just as SNT was obliged to do this after the liquidation of the named management company.

The chairman addressed the address of the company whose phone numbers were indicated on the garbage containers where all the gardeners carried their garbage before the conclusion of the contract between SNT and the company, during the contract with the intermediary, and after the liquidation of the intermediary. It would be possible to continue to endure all MSW and further in the same spirit and not conclude any contracts. But they strained the norms of the law, which were discussed above. The absence of a contract entails the issuance of an order during the inspection, and fixing the release of garbage into someone else's container without a contract entails an administrative fine. Walking under the sword of Damocles, realizing that the problem needs to be solved at the moment of its appearance, and not shelved, is very unpleasant and dangerous.

Oral appeals with a request to conclude contracts with SNT and individually with gardeners were surprisingly rejected by the company. Well, they don't need money! Then, in accordance with the norms of the law, SNT wrote a letter to the mayor's office, which is responsible for organizing waste management within the city district of Kaliningrad. The letter was called "On the organization of MSW collection". A month later, an answer was received for No. 1006 dated 01/16/2016 from the Committee of Municipal Economy of the city of Kaliningrad, and, no longer surprised by the next formal reply from another official who did not decide anything on the merits, SNT nevertheless finished the job to the end. An analysis of the answer from the mayor's office with repeated questions, to which no answers were received, was again sent to the head of the city under the title "On the organization of MSW collection, repeated". What's next? And then, even before receiving an official answer, a call quickly followed from the city council to the chairman and the address of one of the companies was given, which works in the waste management market individually with individuals and legal entities. It took SNT two and a half months to do everything about everything, of which most of the time was spent waiting for a reaction and writing response letters from city hall officials.

It cannot be said that the repeated letter frightened the mayor's office, but the law is the law. It either needs to be carried out or resigned. The third letter would have already gone to the governor or the prosecutor's office. I don’t think that the mayor’s office really wanted to bring the matter to the supervisory authorities or a higher authority, therefore, apparently, the issue was resolved quickly the second time.

The general director of a company working in the field of waste management came to SNT himself, looked at everything: conditions, width of passages, layout of sites. I have entered into an agreement for garbage collection with a legal entity, according to which the legal entity's office waste will be removed as it accumulates on a call through the company's dispatcher. And in the board of papers do not accumulate immediately. Will have to wait a long time. The cost of 1 cube of papers is 400 rubles (price as of March 2016)

Two types of contracts were concluded with gardeners: for permanent residents of SNT and for summer residents or seasonal residents:

For citizens permanently residing in houses on their garden plots of land, the contract provided for the following conditions: garbage removal once a week from a 120-liter container. The container must be placed on public land next to the site before removal in the evening. That day was designated Saturday. The contract number must be on the container. Payment is made according to the receipts of the company in any way through any bank. The container is the property of an individual.

For seasonal workers, the contract provided for slightly different conditions: garbage collection was carried out on call through the company's dispatcher. If there is no container, then the garbage should be thrown out by the gardener himself (transfer to the operator of the company) in order to exclude unauthorized interference in the contents of the bags by dogs and cats, as well as their attempts to conduct a meticulous audit. Payment was made for the same volume of 120 liters. For a one-time call, the company issues an invoice, which is almost three times less than for permanent residence. Other terms of payment are similar to permanent residents. Waste collection day is the same - Saturday.

What is good and what is bad? The good thing is that people who permanently live in SNT now do not think about where to dump their garbage. Since the payment was set at the same price, regardless of the accumulated garbage for the week, no one had a great desire to run somewhere and dump their garbage under the neighbor's fence. You still have to pay. It's easier to get out of the house and dump it in your container. Faster, cheaper and meaner. The bad thing is that the cost of individual garbage collection is more than it was when everything was done through SNT. But I was reassured by the fact that citizens still paid three times less, because they fooled everyone. However, they could not fool those who did not pay any dues at all. And this fact increased the cost of your individual contribution to garbage due to the refusal of SNT to fulfill other cost items according to the estimate.

Explanation of the amount of the individual fee for garbage: SNT plans to collect 100 rubles from each gardener for garbage collection per year. Gardeners 100. We multiply, it turns out 10,000 rubles. But 20 people do not pay dues. While SNT knocks out debts painfully and for a long time, time flows. No money. And under an agreement with a company that removes MSW, you need to pay. SNT removes the missing money from another expense item, for example, from road repairs. Thus, your personal waste contribution will consist of 100 rubles. + 2000 (for 20 non-paying gardeners) removed from the article "road repair". But this money is your money for repairing driveways, not for garbage. At a meeting in a normal SNT, gardeners are always provided with information about this in the form of unfulfilled items on the estimate. As a result, you always pay more than planned for the expense item. And the roads are not being repaired because there is no money. Where are they? And there, those who pay nothing. These are the consequences of "communism" in SNT.

Let's get back to our trash. The determination of the MSW accumulation standards for persons whose permanent place of residence is a garden plot and a house, according to the calculations currently made by the mayor’s office, is unlikely to change much. A family of 4 fits in approximately 120 liters per week. Only the cost of the waste management service can change, because it will be the same for the entire region. Which way is hard to say. Time will tell. Today, for a resident of the Kaliningrad region, the cost of the service of a regional operator from 07/01/19 in Kaliningrad is 458.57 per 1 cubic meter. meter of waste per year. Before this period, from 01/01/2019 to 04/01/2019, the tariff was slightly higher. But this is now, and until that time the company was tearing 400 rubles from the gardener. per month. Naturally, in such conditions, in the end, most of the citizens permanently residing in horticulture refused to fulfill the contracts. And this continued until the start of the activities of the regional operator.

What is good and what is bad for seasonal workers. The good news is that the savings are significant. AT winter period seasonal plants do not appear on the plots and garbage is not formed. Which means you don't have to pay for it. In season household waste on the site it is formed slowly and will not soon reach the mark of 120 liters. The main waste from gardening and vegetable growing can be disposed of on the site itself, including tree branches. Therefore, if you think about it in advance and try to produce less garbage, then there will be a minimum of calls through the dispatcher. However, it must be said frankly that this practice did not take root. No one hurried up with the conclusion of the contract, much less with its payment. In fact, before the start of the regional operator (01/01/19) this problem was unsolvable. Not a single contract was signed.

But such lava did not last long. According to the norms of the law FZ-89 dated 06/24/98, the authorities in Kaliningrad (and not only in Kaliningrad, but everywhere) have already calculated or are calculating the MSW accumulation standards (Decree of the Government of the Russian Federation dated 04/04/2016 No. 269 is already in force). And now another time has come for such individual challenges. You will have to pay for the garbage, which accumulates on a standard garden plot of 6 acres in size for a certain period of time. If the seasonal worker does not have payment for the removal of such garbage under the contract and receipts of payment, then the authorities, through the relevant authorities and the claims of the regional operator, will severely fine the owners of the sites and collect funds for the MSW management service. Such a perspective. And the fact that this work went on for the entire period until the beginning of 2019 can be seen from the correspondence between SNT "Pishchevik" and the mayor's office on waste management issues. The mayor's office explained to the gardeners in sufficient detail its actions to address waste issues and what awaited residents in the near future.

MSW since 01/01/2019 in horticulture.

Starting from the New Year 2019, regional operators for the treatment of MSW began to operate in each region of the Russian Federation. "So what?" - every gardener would ask. - "Until gardening comes down, a lot of water will leak." No matter how. The time began counting the debt of any MSW owner (applies to the owner of the site, the owner of the apartment, etc.) from 01/01/2019. We look at the norm:

Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 (as amended on December 15, 2018) "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 N 641" (together with the "Rules for appeals with municipal solid waste).

8(17). The regional operator, within one month from the date of conclusion of the agreement, notifies potential consumers of the need to conclude, in accordance with the Federal Law "On Production and Consumption Waste", an agreement for the provision of services for the treatment of municipal solid waste by all available means, including by posting relevant information on its official website in the information and telecommunications network "Internet", as well as in the media.

The regional operator, within 10 working days from the date of approval in the prescribed manner of a single tariff for the service of a regional operator for the 1st year of the agreement, simultaneously places in print media established for the official publication of legal acts of state authorities of a constituent entity of the Russian Federation, and on its own official website in the information and telecommunications network "Internet" a proposal addressed to consumers on the conclusion of an agreement for the provision of services for the treatment of municipal solid waste and the text of a standard agreement.

The consumer, within 15 working days from the date of placement by the regional operator of the proposal to conclude an agreement for the provision of services for the treatment of municipal solid waste, sends the consumer's application and documents to the regional operator in accordance with paragraphs 8(5) - 8(7) of these Rules. The consumer's application is considered in the manner prescribed by paragraphs 8(8) - 8(16) of these Rules.

If the consumer has not sent the consumer's application and documents to the regional operator in accordance with paragraphs 8(5) - 8(7) of these Rules within the specified period, the contract for the provision of services for the treatment of municipal solid waste is considered concluded on the terms of a standard contract and entered into effective on the 16th business day after the regional operator places an offer to conclude the said agreement on its official website in the information and telecommunication network "Internet".

The last paragraph of the norm is the most important for each owner of a garden plot of land. It only means that from New Year 2019, if you have not yet concluded an agreement for the export of your MSW, then your debt has already amounted to a certain certain amount, which the regional operator will collect from you through a justice of the peace in the near future. And the further you ignore the activities of the RO in the field of municipal solid waste management, the greater will be your debt in the field of MSW management.

Of course, everyone has a question: "Where and how can I find the information of interest?" There is nothing easier. Type in any search engine the query: "regional operator and the name of your region (region)". For Kaliningrad, such a RO is SE KO "ESSOO". All information is available on the website. Information with the details of the RO on the Sberbank-online website also appeared. "I can’t say for sure whether all citizens have such information, because in the case of an unconcluded contract, it may not be. You can’t approve this until you check your personal cabinet.

Despite the horror story, which is set by the norm of paragraph 8 (17) of the Government Decree, for many regions the law on non-payments for the collection and removal of MSW can continue to this day. In the Kaliningrad region, back in October - November 2018, all documents on the activities of the regional operator were also published to the public, legal entities were invited to make their proposals on all issues related to MSW. The flaws were visible to the naked eye. We will not consider all proposals received. Let us dwell only on those that relate to SNT and gardeners, as well as on general conclusions and causes.

It is sad that for our government officials and a huge army of lawyers working for government agencies, until now, there has not been an understanding that -

That SNT is a legal entity, not a territorial entity;

That SNT members are members of a legal entity that are part of supreme body management, having the rights and obligations associated exclusively with membership in the organization, with performance of k-x they cannot form MSW. Members of the SNT have nothing: no property in the right of ownership. (Just do not confuse the status of a member of an organization and the status of a citizen);

That SNT, like any legal entity, forms TCO in the course of its statutory activities related to the work of employees, but in no way connected with members of the organization who do not perform any labor functions;

That TCOs can only be formed by persons (individuals and legal entities), while the first and second form TCOs, being owners of real estate or renting such real estate for their activities.

For these reasons, the Ministry of Natural Resources and Ecology of the Kaliningrad Region, by its order of May 14, 2018 N 218, without further ado, introduced a line on the accumulation standard for SNT, as a legal entity, equal to 0.3 cubic meters. meters of MSW per year from one sq. meters of total area. What area are we talking about, given that there are members and employees in the CNT and there is no common area? The land belongs to citizens (garden plots), but this has nothing to do with SNT. The partnership itself may own a plot of general purpose land (ZON). In addition, the organization itself is located at the location of the permanent executive body - the board. And the board does not sit in the field or in the square. In another embodiment, the ZON does not belong to the SNT. Then where is the total area? What is the total area? The nonsense is absolute.

The calculation according to the line of the order gave such fantastic figures that, after criticism addressed to them, the officials of the Ministry hastened to remove this line, like some others relating to other organizations, completely from their opus, called the order. To date, the Kaliningrad region has a tariff for the service for the treatment of MSW and a standard for the accumulation of MSW for one person living in an apartment or residential building, in a city or in a rural area. For the SNT itself and for citizens who do not have a residential building on their garden plots, no accumulation standard has been established. Therefore, for some time, such citizens may not officially conclude an agreement on the treatment of MSW with a regional operator due to the absence of essential conditions in the agreement: the standard for waste accumulation. Accordingly, the RO also cannot conclude an agreement with a gardener without having an officially established standard for the accumulation of MSW for this category of property owners. These essential conditions are defined in a standard agreement on the treatment of MSW in the subject of the agreement (section 1) and an annex to it, which are approved by the same Government Decree No. 1156 of November 12, 2016.

Nevertheless, returning to the activities of the regional operator, one should pay attention to the following provisions of Decree No. 1156 of November 12, 2016. They do not make you feel protected from payments for garbage and the debt already hanging behind every gardener:

8(18). Until the day the contract for the provision of services for the treatment of municipal solid waste is concluded, the service for the treatment of solid municipal waste is provided by the regional operator in accordance with the terms of the standard contract and the agreement and is subject to payment by the consumer in accordance with the terms of the standard agreement at a price equal to the unified approved in the prescribed manner regional operator service tariff, with subsequent recalculation in the first settlement period from the date of conclusion of the specified agreement based on the price of the concluded agreement for the provision of services for the treatment of municipal solid waste.

Rule: It follows from the norm of paragraph 8 (18) of the Resolution that, despite the impossibility now, in this moment to conclude an agreement due to the sluggishness of the officials of the region (the absence of a standard for the accumulation of MSW on a garden plot), a service for the treatment of MSW is provided to each gardener. And if so, then such a service must be paid from the moment the regional operator begins its activities for the treatment of MSW in the region. Start date 01/01/2019

For a gardener, you need to know and remember one thing: you still have to pay for garbage. Sooner or later. And earlier is better. The amount of debt and, accordingly, the payment will be less.

Garbage on public land

It is impossible to bypass general garbage as a problem, because in any gardening, in any case, there is always public land (PDO) or, as it is now, it is called "general purpose land" (ZON). And regardless of the owner, garbage in the specified territory is formed for several reasons:

• in the spring-summer season, grass and branches from closely planted trees in the areas grow at an incredible pace along the roadsides, walkways;
• due to the prevailing conditions, strangers or guests of the site owners constantly roam along the aisles and passages in transit;
• their gardeners no-no, and they will throw a piece of paper, a bottle, plastic packaging, waste from gardening activities onto the road.

These are the three main reasons. You can remember something else, but it's not important.

Important: In order to properly solve the problem of cleaning up the resulting garbage during the use of general purpose land, it is necessary to answer the main question:
Who owns the ownership of ZON?

Answering this question, it should be remembered that according to the norms of the legislation (Article 219 "Occurrence of ownership of newly created real estate" of the Civil Code), land ownership rights are determined exclusively by documents on registration of land ownership rights with obtaining a CERTIFICATE OF STATE REGISTRATION OF RIGHT or in the old version of the LAND OWNERSHIP CERTIFICATE. Please note that the decisions of the administration on the allocation of land are not legal acts. They only establish your right to registration of property rights. And the right must be issued by making an entry about this in the USRR (EGRN - from 01/01/2017).

By answering the question correctly, we get two options for handling waste generated at the PDO (ZON):

1. If ZON is owned by SNT, then according to the law and the rules of improvement developed in local administrations, the SNT is responsible for the maintenance of the main territory that belongs to it by law. This maintenance includes cleaning the territory, cutting trees, mowing grass, filling holes, and other necessary actions. For the absence of visible measures for the maintenance of general-purpose land, the administration through the ATI may impose a fine on a negligent chairman or on a legal entity. In the latter case, the amount of the fine will be several times higher than the fine on the head of the SNT. Rules for improvement can be found on the websites of local administrations. For Kaliningrad, here: http://www.klgd.ru/municipal_services/improvement/ Due to changes in legislation from 01/01/2016, the Rules should be amended.

2. If PDO is not owned by SNT and besides, this piece of land belongs to the category of land of a settlement (Article 7 of the Land Code of the Russian Federation), then according to Art. 85, paragraph 12 of the Land Code, such land is not subject to privatization. Links of the administration of the settlement to Art. 39.5, paragraph 3 of the same law are untenable and represent a great desire to push the burden of responsibility for maintenance onto a legal entity, which, by and large, does not need city land for GENERAL USE without changing this status to land for LIMITED USE.

Article 85 "Composition of lands settlements and zoning of territories" Land Code of October 25, 2001 N 136-FZ (as amended on December 31, 2014)
(As amended by Federal Law No. 232-FZ of December 18, 2006)

12. Land plots for general use, occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other facilities may be included in various territorial zones and are not subject to privatization.
(as amended by the Federal Law of 03.06.2006 N 73-FZ)

The release of SNT from responsibility for the maintenance of the PDO in urban conditions does not, however, relieve the responsibility of citizens - owners of garden land plots for the maintenance of the territory adjacent to the PDO site within 15 meters from the border of an individual garden plot. These norms are spelled out in the same improvement rules, clauses 2.2 and 2.3 "Basic terms and concepts" for Kaliningrad. There is nothing difficult about once a week, or walking along the border of your site every day, to collect and throw the garbage that has appeared into your container. Also, there should be no problems with maintaining the fire safety of roadsides and cutting branches hanging over the road. There are no funds and forces - hire a neighbor or a specially trained person. Now the list of those wishing to do work for money is so large that it is difficult to choose a more worthy one.

Conclusion and rule:
1 The administration of the municipality, in any case, will relieve itself of responsibility for maintaining public land on SNT until the gardeners force them to solve their problems on the basis of the norms of the law, and not the wishes and horror stories of officials.
2. The owner of a garden plot of land is always responsible for the maintenance of the territory adjacent to his plot, which partially excludes paragraph one, but does not shift to the gardener the creation of roads that meet the requirements of Federal Law-257 of November 8, 2007 "On highways and road activities in of the Russian Federation and on amendments to certain legislative acts of the Russian Federation".

Conclusion on garbage cases in SNT (TSN).

In conclusion, it should be noted:

1. The problem of MSW in SNT (TSN), any other legal entity has been, is and will always be. It needs to be solved, and it is solved quite simply. You just need to want. The task of collecting and removing solid waste cannot be solved without paying for the services of a specialized company. The company cannot but conclude an agreement with SNT, another legal entity in accordance with the norms of FZ-89 dated 06/24/1998. Responsibility for the absence of an agreement is borne only by the legal entity and its chairman. But due to the fact that SNT (another similar legal entity) is supported by its participants, all gardeners pay administrative penalties. It's not fair, but it's true.


2. The problems of MSW of persons owning individual land plots on any real right, regardless of the type of permitted use of the land, are also solved by concluding an agreement between such a person and a specialized company that has a license. SNT does not fall under this category due to the norms of the law and its non-commercial nature. SNT can only help in finding and common organization the company's work on the conclusion of individual contracts. At the same time, only the role of an intermediary is performed, helping to conclude individual contracts for the removal of their garbage: collecting completed contracts from gardeners, transferring them to the company.
3. Payment for the MSW treatment service is calculated according to the accumulation standard and the general tariff for the MSW unit in the region. Payment for the service upon removal of a certain amount of MSW is not suitable, because. there is no measurement system (meters) that could automatically calculate the amount of MSW removed, especially since when legal entities and individuals conclude contracts for the treatment of MSW and accumulate their waste in large containers, it is impossible to determine individually the volume of MSW.
4. At present, despite the existence of the norm p. 148 (5) "b" in the Government Decree No. 354 of 05/06/2011 on the possibility of providing municipal services for the treatment of MSW by SNT to citizens of home ownership, to fulfill (take responsibility ) for the performance of such a service on a contractual basis, it is inappropriate due to the lack of the possibility in regulatory legal acts to provide the same service to owners of garden plots that do not have households within the boundaries of such plots.

Liquid household waste.

Finishing the disassembly of the problems of municipal solid waste that are relevant for any SNT (TSN), one should not miss the topic of municipal liquid waste (LWW). It has its own specifics, and the solutions are similar to TCR. Let's briefly dwell on the problem and divide it into three parts:

Ways to solve the problems of ZhBO for gardeners:

1. For seasonal workers, i.e. for those gardeners who do not permanently reside on their garden plots, there is a problem of creating and operating a latrine. It is solved simply: we dig a hole, slightly strengthen it, put a boardwalk, erect a boardwalk over it, hang a door and that's it. The device is ready for use. But, such a structure violates sanitary and environmental standards, and, therefore, a fine can be earned for the operation of such a latrine. How should it be? The basis for any toilet should be a cesspool. Those. such a pit, from where your (your) ... can be pumped out with a cesspool machine. The walls of such a pit should be waterproof. Where is that written? It is written here: SP 53.13330.2011 "Planning and development of territories of gardening (dacha) associations of citizens. Buildings and structures". In the set of rules, we are interested in the third section "Terms and definitions". Look in it for the listed toilets (latrines), which can be built on garden plots. Make it simpler, so that the liquid itself goes into the ground, gradually polluting it - you will get a fine. Believe me, it will not be 2000 rubles. When will it happen? It's hard to say. There can be many reasons for an environmentalist or an ATI inspector to come to your site: from a scheduled inspection to a simple message to the supervisory authorities received from a neighbor or the board of SNT (TSN).

2. For persons permanently residing in their residential buildings on garden plots, you should take care of a more expensive and at the same time practical device. Must be purchased and installed VOC. The so-called local treatment plant. Various other devices do not solve the problem of wastewater treatment as required by the legislation of the Russian Federation. When choosing a VOC, pay attention to the sanitary tolerances of the system. The fact is that the sanitary standards of the Russian Federation require better water purification. Domestic systems, for example, TVER-1P, comply with these standards, while Lithuanian VOCs do not. At the same time, no additional additives, bacteria, etc. tricks help. In practice, it turns out like this: liquid household waste discharged into a lake, stream, river from Tver corresponds to the degree of purification required and discharge is possible, but only if there is a permit issued after analyzing the waste water in a specialized office. Obtaining such a permit is a dreary and lengthy business, but it is worth it. Without it, pouring water into the reservoir is prohibited. Proper water has a slightly dark appearance, odorless. She can water the site, wash the car. It's not worth drinking. But from the Lithuanian systems, the outgoing water stinks of sewerage.
Another option for draining water from the system is to arrange a filtration field, i.e. the water leaving the VOC falls into a special pit, covered with gravel, rubble, but not sand, and, being filtered, gradually goes into the ground. For a family of 4 people, a field measuring 2.5 x 2.5 x 0.6 m is enough. After 7-8 years, the field gradually becomes silted (fertilizer, by the way, is what you need) and requires excavation of the filler from the pit, washing it and backfilling. According to the ATI inspector, in the case of a filtration field, it is not necessary to take water tests anywhere.
Maintenance of the system is quite simple. Even an elderly woman can handle it. Once a year, as a rule, solid insoluble waste is pumped out of the first compartment of the VOC by a special sewage machine. The other kind of service is even simpler. Question price? Not more than 2000 rubles.
The requirements of the law for JBO the following: each owner of a garden plot must have an agreement for the pumping out and removal of solid waste, as well as confirmation of the removal - receipts for payment for services. There are such documents - no problem. No documents - there will be fines. Those wishing to conclude such an agreement on the part of organizations are a dime a dozen. The very conclusion of the contract, of course, is free. You can do without a contract, but receipts for payment for services for the removal of solid waste must be kept in case of a sudden inspection by the regulatory authority.

3. In order to equip a toilet for an executive body permanently operating on its land plot, which is the board of the SNT or the gatehouse, you can go the first or second way. But, if the operating time of the control body is short, then you can do without devices for liquid household waste.

OK it's all over Now. If everything is done correctly and in accordance with the requirements of regulatory legal acts, then the garbage headache in gardening will disappear once and for all. On this note, let me finish the discussion of the issues of municipal solid waste in SNT. Good luck in your practical endeavors!

Municipal waste is a new concept that appeared only in 2014. So far, people cannot understand them correctly, therefore, comprehensive information on this issue is required. The reason for the need is a new item of monthly expenses of the population, which unexpectedly appeared in 2016. It's time to look into the details and understand what changes have been made.

Changes in waste legislation

MSW is a concept that has been used for decades. Their removal was regularly carried out by organizations for which the federal authorities were responsible. Such a state of the sphere of work with the population remained for a long time on the territory of the country, but on December 29, 2014, it was decided that the regions would start cleaning on their own.

Initially, 1 year was given for the reorganization, which was successfully carried out. After that, the concept of municipal solid waste is a thing of the past, so it can not be considered in comparison. On January 1, 2016, a new article of legislation came into force throughout the Russian Federation. It is designed to improve the situation on the ground, obliging the regional authorities to fully carry out garbage collection.

The content of the new article of legislation

In accordance with Federal Law No. 458, local government resources will be used to handle any municipal solid waste. The transition of management from the federal to the regional level proved to be a difficult task, since in parallel, the state organizations responsible for carrying out the necessary actions are completely eliminated.

Now the implementation of the task should be carried out by the regional operator on the appeal. His responsibilities include control over the companies that, on the basis of the contract, will remove municipal waste. It is difficult to understand what a full transfer of responsibility is. To do this, it will be necessary to consider in detail the main actions that contributed to the implementation new article in places.

Actions to organize regional work

Cleaning of municipal solid waste in the regions is now carried out in accordance with the updated article of the legislation. Serious work has been done for this. What actions have the authorities taken to ensure cleanliness in cities?

• Transfer of management to regional authorities;
• The emergence of operators;
• Licensing company for garbage collection.

Solid everyday municipal waste has proven to be a major problem. Previously required cash were transferred from the federal budget with almost no restrictions, but they were not available at the local level. In some areas, the handling of any municipal solid waste required categorical changes, and a year was not enough for them.

Obligations of licensed companies

Disposal of municipal solid waste must be carried out by specialized companies. After careful preparation and verification, they were issued a license for the specified activity, but it marked strict obligations. An incoming decree requires the full implementation of all actions. What is this about?

• MSW waste disposal;
• Utilization of all types of MSW;
• Waste recycling.

Local firms were unprepared for such actions. Today, special local control bodies have been created for waste management. They are called upon to carry out a regular review of each organization for the provision of services to the public. Based on the article of the law, people will have to pay much more, so they need a result, although this rule is usually not confirmed.

How will the changes affect the population?

Few people yet know about municipal solid waste, but they have been sent new payments to transfer funds. This situation struck many families, because the updated management of various municipal solid waste has also affected the population. What happened?

• Changing the list of payers;
• Tariff changes;
• Change of the export schedule.

The unshakable suggests that every change in the legislation has an unpleasant effect on homeowners. This time the situation repeated itself, so it's time to explain in detail the subtleties of each item. Payers need to know perfectly well what they are giving money for, so they need useful information.

Changing the list of payers

Household waste has always been a problem for the private sector. The owners of the houses did not transfer money to the state, and the civil services removed the containers, forcing the population to look for other options. After the transformations, even residents of municipal private houses got into the list of payers. They will have to transfer a certain amount every month, like everyone else.

Tariff changes

The amount of monthly payments depends solely on the region and the licensed company and is calculated at the local government level.

For the treatment of any municipal solid waste from the federal budget, funds will no longer be transferred.

The result will be an additional burden on the local population. Let the amounts be insignificant, but recalculation for several years will show considerable extra costs.

Change of pickup schedule

After obtaining a license, the company voluntarily changes the cleaning and disposal schedule. To handle various municipal solid waste, they will not arrive several times a day, as a state organization did. An accurate calculation showed that in some areas of large cities it is possible to take out garbage only a few times a week. During this period, the containers are filled, and the work becomes profitable. Only the owners of adjacent residential buildings and apartments will have to face the unpleasant smell and polluted streets again, as they did several years ago.

Changes in legislation were introduced throughout the year. This period was still not enough on the ground, so the consequences of the transformations are still unclear. Yes, large companies have received the necessary permits, but their activities are still not fruitful enough. Homeowners already have to regularly give their own money, although they do not always understand why.

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

On the treatment of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 N 641

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 09/24/2018, N 0001201809240004);
(Official Internet portal of legal information www.pravo.gov.ru, December 19, 2018, N 0001201812190031) (for the procedure for entry into force, see paragraph 2 of the Decree of the Government of the Russian Federation).
____________________________________________________________________

In accordance with the Government of the Russian Federation

decides:

1. Approve the attached Rules for the treatment of municipal solid waste.

2. Approve the attached form of a standard contract.

3. Subparagraph "d" of paragraph 1 of Decree of the Government of the Russian Federation of August 25, 2008 N 641 "On equipping vehicles, technical means and systems with GLONASS or GLONASS / GPS satellite navigation equipment" (Collected Legislation of the Russian Federation, 2008, N 35, art. 4037) add the words "transportation of municipal solid waste".

Prime Minister
Russian Federation
D.Medvedev

Rules for handling municipal solid waste

APPROVED
Government Decree
Russian Federation
dated November 12, 2016 N 1156

I. General provisions

1. These Rules establish the procedure for the accumulation, collection, transportation, processing, disposal, neutralization and disposal of solid municipal waste, the conclusion of an agreement for the provision of services for the treatment of solid municipal waste, as well as the grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of municipal solid waste (hereinafter referred to as the regional operator).
Decree of the Government of the Russian Federation.

To the relations arising between the owners and (or) users of residential premises in apartment buildings and managing organizations, homeowners associations, housing cooperatives, other specialized consumer cooperatives, between owners of premises, users of residential premises in apartment buildings, owners of residential buildings and regional operators, between owners of residential buildings and organizations (including non-profit associations) that, on their own behalf and in the interests of the owner of a residential building, conclude contracts for the provision of services for the management of solid municipal waste with the relevant regional operators, related to ensuring the provision of services to these owners and users municipal services for the treatment of municipal solid waste, the provisions of these Rules apply to the extent not regulated housing law Russian Federation.
(The paragraph was additionally included from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094)

2. The following concepts are used in these Rules:

"bunker" - a garbage collector intended for storage of bulky waste;

"removal of municipal solid waste" - transportation of solid municipal waste from places (sites) of their accumulation to facilities used for processing, recycling, neutralization, burial of solid municipal waste;
(Paragraph from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

"container" - a garbage collector intended for storage of municipal solid waste, with the exception of bulky waste;

"container site" - a place (site) for the accumulation of municipal solid 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 welfare of the population and intended for the placement of containers and bunkers;
(Paragraph as amended, put into effect on December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

"large-sized waste" - solid municipal waste (furniture, household appliances, waste from the current repair of residential premises, etc.), the size of which does not allow for their storage in containers;

"garbage truck" - a vehicle of category N used for the transport of municipal solid waste;

loading of solid municipal waste" - the movement of solid municipal waste from places (sites) of accumulation of solid municipal waste or other places from which solid municipal waste is loaded into a garbage truck for the purpose of their transportation, as well as cleaning the places of loading of solid municipal waste;
Decree of the Government of the Russian Federation of December 15, 2018 N 1572)

"consumer" - the owner of municipal solid waste or a person authorized by him who has entered into or is obliged to conclude an agreement with the regional operator for the provision of services for the treatment of municipal solid waste;

cleaning of places for loading solid municipal waste" - actions for the selection of dropped (waking up, etc.) when loading solid municipal waste and moving them to a garbage truck.
(The paragraph is additionally included from December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572)

3. Accumulation, collection, transportation, processing, disposal, neutralization, burial of municipal solid 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 welfare of the population.
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

The accumulation, collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste must be safe for the population and the environment.
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

4. Handling 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 of contracts for the provision of services for the treatment of municipal solid waste concluded with consumers.

The regional operator carries out the collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste independently or with the involvement of municipal solid waste management operators.

5. The contract for the provision of services for the treatment of municipal solid waste is concluded between the consumer and the regional operator, in the area of ​​activity of which solid municipal waste is generated and there are places (sites) for their accumulation, in the manner prescribed by Section I_1 of these Rules.
Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended, put into effect on December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

6. The clause became invalid from October 2, 2018 - ..

7. The clause became invalid from October 2, 2018 - Decree of the Government of the Russian Federation of September 15, 2018 N 1094 ..

8. The clause became invalid from October 2, 2018 - Decree of the Government of the Russian Federation of September 15, 2018 N 1094 ..

I_1. The procedure for concluding a contract for the provision of services for the treatment of municipal solid waste

(Additionally included from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094)

8_1. The regional operator concludes contracts for the provision of services for the management of municipal solid waste in the manner prescribed by this section in relation to municipal solid waste generated:

a) in residential premises in apartment buildings (except for the cases provided for in parts 1 and , in which the contract for the provision of services for the treatment of municipal solid waste is concluded in accordance with the housing legislation of the Russian Federation), - with the person who manages the apartment building in accordance with housing legislation of the Russian Federation;

b) in residential buildings - with an organization (including a non-profit association) acting on its own behalf and in the interests of the owner;

c) in other buildings, structures, structures, non-residential premises, including in apartment buildings (except as provided for in parts 1 and 9 of Article 157_2 of the Housing Code of the Russian Federation, in which the contract for the provision of services for the treatment of municipal solid waste is concluded in accordance with with the housing legislation of the Russian Federation) (hereinafter referred to as non-residential premises), and on land plots, with persons legally owning such buildings, structures, structures, non-residential premises and land plots, or persons authorized by them.

8_2. Upon transfer of rights to buildings, structures, structures, non-residential premises and land plots on which solid municipal waste is generated, to a new owner (other legal owner and (or) user), such owner (other legal owner and (or) user) in A 3-day period is required to notify the regional operator of such a transfer of rights and conclude an agreement with him for the provision of services for the treatment of municipal solid waste in the manner and within the time limits established by these Rules for the conclusion of this agreement.

8_3. If one person owns several buildings, structures, structures, non-residential premises and land plots on which municipal solid waste is generated, one contract for the provision of services for the treatment of municipal solid waste can be concluded with the inclusion of all these objects in such an agreement, if they are located in the area of ​​activity of one regional operator.

8_4. The basis for the conclusion of an agreement for the provision of services for the treatment of municipal solid waste is the application of the consumer or his legal representative in writing for the conclusion of such an agreement, signed by the consumer or a person acting on behalf of the consumer on the basis of a power of attorney (hereinafter referred to as the application of the consumer), or the proposal of a regional operator on the conclusion of an agreement for the provision of services for the treatment of municipal solid waste.

8_5. The consumer's application can be sent to the regional operator starting from the date of approval in accordance with the established procedure of a single tariff for the service of the regional operator for the 1st year of the agreement on the organization of activities for the treatment of municipal solid waste, concluded by the executive authority of the constituent entity of the Russian Federation and the regional operator (hereinafter - the agreement ).

8_6. The consumer's application shall include the following information:

a) consumer details:

for a legal entity - the full name, the main state registration number of the entry in the Unified State Register of Legal Entities and the date of its entry into the register, actual address, individual taxpayer number, bank details and documents certifying the person's right to sign an agreement for the provision of services for the treatment of solid municipal waste;

for an individual entrepreneur - the main state registration number of the entry in the Unified State Register of Individual Entrepreneurs and the date of its entry into the register, registration address at the place of residence, individual taxpayer number and bank details;

for an individual - last name, first name, patronymic, series, number and date of issue of a passport or other document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation in accordance with the legislation of the Russian Federation, address of registration at the place of residence and contact details of the consumer;

b) the name and location of the premises and other real estate objects specified in clause 8.1 of these Rules;

c) information on the type of economic and (or) other activity carried out by the consumer (for a legal entity and an individual entrepreneur), information on the amount and composition of municipal solid waste generated per year.

8_7. The following documents are attached to the consumer's application:

a) a copy of the document confirming the right of ownership or other legal basis for the consumer to acquire the rights to own and (or) use the building, structure, residential and non-residential premises, land plot;

b) documents confirming the presence of:

the managing organization or partnership of homeowners or a housing, housing-construction or other specialized consumer cooperative has the obligation to provide communal services for the management of solid municipal waste to owners of solid municipal waste;

the managing organization has a license to carry out entrepreneurial activities in the management of apartment buildings;

c) a power of attorney or other documents that, in accordance with the legislation of the Russian Federation, confirm the authority of the consumer representative, acting on behalf of the consumer, to conclude an agreement for the provision of services for the treatment of municipal solid waste (for a representative - an individual, also a copy of the passport or other document certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation in accordance with the legislation of the Russian Federation);

d) documents containing information:

on the purpose and total area of ​​a residential building or part of a residential building, building, structure, non-residential premises, on the area and type of permitted use of a land plot, on the number of units of account approved by the executive authority of a constituent entity of the Russian Federation or the local self-government body of a settlement or urban district ( in the event that they are empowered by the law of the constituent entity of the Russian Federation) when determining the standards for the accumulation of solid municipal waste for the corresponding category of the facility;

on the area of ​​residential premises, non-residential premises (separately for each owner of non-residential premises), premises included in the common property of the owners of premises in an apartment building, or on the number of residents in an apartment building, residential building or part of a residential building (depending on the method of calculating the fee for the service of municipal solid waste management).

8_8. The consumer's application and the documents provided for in paragraph 8.7 of these Rules are considered by the regional operator within a period not exceeding 15 working days from the date of their receipt.

If the consumer's application does not include necessary information and (or) the documents provided for, respectively, in paragraphs 8_6 and 8_7 of these Rules, the regional operator, within 5 working days from the date of receipt of the consumer's application, sends him a notice in writing about the need to provide the missing information and (or) documents, after which he suspends consideration of the consumer's application until the missing information and documents are received. If the missing information and (or) documents are not submitted by the consumer within 15 working days from the date the consumer receives a notification about the need to provide the missing information and (or) documents, the regional operator stops consideration of the consumer's application and returns it with an indication of the reasons for the return.

8_9. If a consumer application is received from several consumers in relation to the same objects (parts of objects), consideration of consumer applications may be suspended by the regional operator for no more than 10 working days in order to obtain an extract from the Unified State Register of Real Estate about such objects (parts of objects).

8_10. If the consumer's application contains all the necessary information and documents provided for, respectively, in clauses 8_6 and 8_7 of these Rules, the regional operator, within 15 working days from the date of receipt of the consumer's application, sends him 2 copies of the draft agreement signed on his part for the provision of services for handling municipal solid waste in any way that allows you to confirm its receipt by the consumer. The draft of this agreement is drawn up in accordance with a standard agreement for the provision of services for the treatment of municipal solid waste in the form approved by Decree of the Government of the Russian Federation of November 12, 2016 N 1156 "On the treatment of municipal solid waste and amending the resolution of the Government of the Russian Federation of August 25, 2008 N 641 "(hereinafter referred to as the standard contract), and may be supplemented by other provisions that do not contradict the legislation of the Russian Federation.

8_11. The consumer, within 15 working days from the date of receipt of 2 copies of the draft agreement for the provision of services for the treatment of municipal solid waste, is obliged to sign them and send 1 copy of the agreement for the provision of services for the treatment of solid municipal waste to the regional operator or send a reasoned refusal to sign the specified draft agreement with the annex to it proposals to amend such a draft insofar as it does not contradict the legislation of the Russian Federation (in the event of signing the specified draft agreement or a reasoned refusal to sign it by another person acting on behalf of the consumer to the draft agreement for the provision of services for the treatment of municipal solid waste or a reasoned refusal to sign it, documents confirming the authority of such a person are attached).

8_12. If after 15 working days from the date of receipt by the consumer from the regional operator of the draft agreement for the provision of services for the treatment of municipal solid waste, the consumer has not submitted a signed copy of the agreement for the provision of services for the treatment of municipal solid waste or a reasoned refusal to sign the specified draft agreement with by appending to it proposals to amend such a draft to the extent that does not contradict the legislation of the Russian Federation, the contract for the provision of services for the treatment of municipal solid waste is considered concluded on the terms of a standard contract at the price indicated by the regional operator in the specified draft contract sent in accordance with paragraph 8_10 of these Rules.

8_13. A contract signed by the consumer for the provision of services for the treatment of municipal solid waste, a reasoned refusal to sign a draft agreement for the provision of services for the treatment of municipal solid waste with an annex to it of proposals to amend the specified draft agreement insofar as it does not contradict the legislation of the Russian Federation, the consumer sends to the regional operator in any way that allows confirming their receipt by the regional operator.

8_14. The regional operator, within 10 working days from the date of receipt of the reasoned refusal and proposals specified in clause 8_11 of these Rules, considers them, and also takes measures to resolve disagreements.

If the disagreements on the draft agreement for the provision of services for the treatment of municipal solid waste are fully resolved, the regional operator sends the specified draft agreement to the consumer for signing, taking into account the settled disagreements, within the period provided for in the first paragraph of this clause.

If the disagreements on the draft agreement for the provision of services for the treatment of municipal solid waste are partially resolved, the regional operator sends the consumer for signing the specified draft agreement, drawn up in accordance with the standard agreement and taking into account the settled disagreements, within the period provided for in the first paragraph of this clause.

8_15. If the disagreements on the draft agreement for the provision of services for the treatment of municipal solid waste are not resolved or the regional operator does not send the specified draft agreement, taking into account the settled disagreements, within the period provided for in paragraph 8.14 of these Rules, the agreement for the provision of services for the treatment of solid municipal waste is considered concluded on the terms of a standard contract at the price indicated by the regional operator in the specified draft contract sent in accordance with paragraph 8.10 of these Rules.

8_16. If the regional operator sent a draft agreement for the provision of services for the treatment of municipal solid waste, taking into account the settled disagreements, to the consumer within the period specified in paragraph 8_14 of these Rules, the consumer is not entitled to refuse to conclude it, offer to consider other conditions and is obliged to sign within 10 working days from the date of receipt.

8_17. The regional operator, within one month from the date of conclusion of the agreement, notifies potential consumers of the need to conclude, in accordance with the Federal Law "On Production and Consumption Waste", an agreement for the provision of services for the treatment of municipal solid waste by all available means, including by posting relevant information on its official website in the information and telecommunications network "Internet", as well as in the media.

The regional operator, within 10 working days from the date of approval in the prescribed manner of a single tariff for the service of a regional operator for the 1st year of the agreement, simultaneously places in print media established for the official publication of legal acts of state authorities of a constituent entity of the Russian Federation, and on its own official website in the information and telecommunications network "Internet" a proposal addressed to consumers on the conclusion of an agreement for the provision of services for the treatment of municipal solid waste and the text of a standard agreement.

The consumer, within 15 working days from the date of placement by the regional operator of a proposal to conclude an agreement for the provision of services for the treatment of municipal solid waste, sends the consumer's application and documents to the regional operator in accordance with paragraphs 8_5-8_7 of these Rules. The consumer's application is considered in the manner prescribed by paragraphs 8_8-8_16 of these Rules.

If the consumer has not sent the consumer's application and documents to the regional operator in accordance with clauses 8_5-8_7 of these Rules within the specified period, the contract for the provision of services for the treatment of municipal solid waste is considered concluded on the terms of a standard contract and entered into force on the 16th business day. day after the placement by the regional operator of the proposal to conclude the said agreement on its official website in the information and telecommunications network "Internet".

8_18. Until the day the contract for the provision of services for the treatment of municipal solid waste is concluded, the service for the treatment of solid municipal waste is provided by the regional operator in accordance with the terms of the standard contract and the agreement and is subject to payment by the consumer in accordance with the terms of the standard agreement at a price equal to the unified approved in the prescribed manner the tariff for the service of a regional operator, with subsequent recalculation in the first settlement period from the date of conclusion of the specified agreement based on the price of the concluded agreement for the provision of services for the treatment of municipal solid waste.

8_19. The validity period of the agreement for the provision of services for the treatment of municipal solid waste is established by the specified agreement and cannot exceed the period for which the legal entity has been assigned the status of a regional operator.

8_20. If one month before the expiration of the agreement for the provision of services for the treatment of municipal solid waste, none of the parties declares the termination, amendment or conclusion of the specified agreement on other conditions that meet the requirements of the legislation of the Russian Federation, its validity period is extended for the same period and under the same conditions, but no more than for the period for which the legal entity was granted the status of a regional operator.

II. The procedure for transporting municipal solid waste

(Name as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

9. Consumers store solid municipal waste in places (sites) of accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the waste management scheme.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

If the waste management scheme does not contain information about the places (sites) of accumulation of solid municipal waste, the regional operator sends information about the identified places (sites) of 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 it contains information about the places (sites) of accumulation of municipal solid waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

10. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places (sites) of accumulation of solid municipal waste, the storage of solid municipal waste is carried out by consumers in the following ways:
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

a) in containers located in waste collection chambers (if there is an appropriate in-house engineering system);

b) in containers, bunkers located on container sites;

c) in packages or other containers provided by the regional operator.

11. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places (sites) of accumulation of solid municipal waste, storage of bulky waste is carried out by consumers in the following ways:
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

a) in bunkers located on container sites;

b) on special sites for storage of bulky waste.

12. The 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 independently by consumers by delivering bulky waste to the site for their storage.

The locations of such sites are determined in accordance with the waste management schemes and are indicated in the contract for the provision of municipal solid waste management services.

13. The regional operator is responsible for the management of municipal solid waste from the moment such waste is loaded into the garbage truck.
(Paragraph as amended, entered into force on December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

13_1. The regional operator annually, no later than December 25 of the year preceding the year of the actual placement of containers and bins, sends to the local government authorized to maintain a register of places (sites) for the accumulation of municipal solid waste, information on the number of containers and bins planned for placement, indicating their volume and about the places (sites) of accumulation of municipal solid waste, where it is planned to place such containers and bunkers.

The local self-government body authorized to maintain a register of places (sites) for the accumulation of solid municipal waste includes the specified information in the register of places (sites) for the accumulation of solid municipal waste in accordance with the Rules for the Arrangement of Places (Sites) for the Accumulation of Solid Municipal Waste, approved by the Decree of the Government of the Russian Federation dated August 31, 2018 N 1039 "On approval of the Rules for the arrangement of places (sites) for the accumulation of municipal solid waste and maintaining their register."
(The paragraph was additionally included from December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572)

____________________________________________________________________

Paragraph two of clause 13.1 of these Rules (as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572) shall enter into force on January 1, 2019. - Cm .

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14. The person responsible for the maintenance of container sites, special sites for the storage of bulky waste in accordance with the contract for the provision of services for the treatment of municipal solid waste, is obliged to ensure that such sites post information about the serviced consumer facilities and the owner of the sites.

It is forbidden to store in containers burning, incandescent or hot waste, bulky waste, snow and ice, lighting devices and electric lamps containing mercury, batteries and accumulators, medical waste, as well as other waste that can harm the life and health of persons carrying out loading (unloading) of containers, damage containers, garbage trucks or disrupt the operation of facilities for the processing, neutralization, disposal of municipal solid waste.

Hazardous substances classified as dangerous goods in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road are prohibited for transportation under these Rules. The regional operator is prohibited from transporting the specified hazardous substances (cargo) as part of or under the guise of municipal solid waste.
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

15. Consumers are prohibited from storing solid municipal waste in places (sites) of accumulation of solid municipal waste that are not specified in the contract for the provision of services for the treatment of municipal solid waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

Consumers are prohibited from storing municipal solid waste outside containers or in containers not intended for such types of waste, except as otherwise established by the legislation of the Russian Federation.

16. In the event that a regional operator finds a place for storage of municipal solid waste, the volume of which exceeds 1 cu. 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 obtaining confirmation of the delivery of such a notification, 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 the owner of the land plot in any way that allows obtaining confirmation of the delivery of such a notice about the need to eliminate the place of unauthorized placement of solid municipal waste within 30 days after receiving the notification and send him a draft contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste.

17. If the owner of the land plot, within 30 days from the date of receipt of the notification of the regional operator, did not ensure the liquidation of the place of unauthorized placement of solid municipal waste independently and did not conclude an agreement with the regional operator for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste, the regional operator within 30 days after the notification is sent to the owner of the land plot, the place of unauthorized disposal of municipal solid waste shall be liquidated. In this case, the regional operator has the right to apply to the court with a claim to recover the costs incurred.

18. The owner of the land plot is obliged to independently ensure the liquidation of the place of unauthorized placement of solid municipal waste or conclude a contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste with a regional operator.

19. In cases established by the legislation of the subject of the Russian Federation, consumers are obliged to separate municipal solid waste by type of waste and store sorted municipal solid waste in separate containers for the corresponding types of municipal solid waste.

The implementation of such separation of municipal solid waste does not entail the need for the consumer to obtain a license for the collection, transportation, processing, disposal, neutralization, disposal of waste of I-IV hazard classes.

20. Accumulation of electronic equipment waste is carried out in accordance with the procedure  accumulation of municipal solid waste (including their separate accumulation) , approved by the state authority of the constituent entity of the Russian Federation.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

21. It is forbidden to organize places (sites) for the accumulation of waste from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, on container sites and special sites for storing bulky waste without the written consent of the regional operator.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.

22. Accumulation and collection of waste from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, can be carried out by organizing stationary and mobile waste collection points, including through automatic waste collection devices.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

23. In order to ensure the transportation of solid municipal waste, the regional operator has the right to engage operators for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste, on the basis of an agreement for the provision of services for the transportation of solid municipal waste at a price determined by the parties to such an agreement, with the exception of cases when prices for municipal solid waste transportation services for a regional operator are formed based on the results of tenders.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

24. Under a contract for the provision of services for the transportation of municipal solid waste, the operator for the treatment of municipal solid waste, carrying out activities for the transportation of municipal solid waste, undertakes to transport municipal solid waste, and the regional operator undertakes to pay for such services.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

25. The essential terms of the contract for the provision of services for the transportation of municipal solid waste are:
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

a) the subject matter of the contract;

b) the planned volume and (or) mass of transported municipal solid waste, the composition of such waste;

c) the frequency and time of removal of municipal solid waste;

d) places of acceptance and transfer of municipal solid waste, the route in accordance with the waste management scheme;

e) the maximum allowable value of compaction of solid municipal waste;

f) a method of commercial accounting of the amount of solid municipal waste;

g) the terms and procedure for payment for services under the contract;

h) the rights and obligations of the parties under the contract;

i) the procedure for the regional operator to exercise control over the activities of the operator for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste;
Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

j) liability of the parties.

26. An operator for the treatment of solid municipal waste, carrying out activities for the transportation of 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 that are not equipped with equipment satellite navigation allowed until January 1, 2018.

28. The operator for the treatment of solid municipal waste, transporting solid municipal waste, is not entitled to transfer solid municipal waste to persons not specified in the contract for the provision of services for the transportation of solid municipal waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

29. When transporting solid municipal waste, it is prohibited to compact it in excess of the maximum allowable compaction value established by the contract for the provision of services for the transportation of solid municipal waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

30. For each garbage truck, a route log must be kept in the form approved by the authorized executive body of the subject of the Russian Federation, which indicates information about the movement of the garbage truck and the loading (unloading) of municipal solid waste. Such a log may be kept in electronic form. The operator for the treatment of municipal solid waste, which transports solid municipal waste, is obliged, within one working day, to provide the regional operator, the executive authorities of the constituent entity of the Russian Federation, and local governments, upon their request, with a copy of the route log, and also to ensure that these persons have access to information, transmitted using satellite navigation equipment in the manner prescribed by the contract for the provision of services for the transportation of municipal solid waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

III. The procedure for the processing, disposal, neutralization and disposal of solid municipal waste

31. When choosing technologies for the treatment of municipal solid waste, technologies for automated sorting of municipal solid waste are given priority.

32. When choosing technologies for processing, recycling, neutralizing municipal solid waste, priority is given to technologies that provide the final product that is available for use in other technological processes as a feedstock or 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, disposal of solid municipal waste, operators for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal 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, disposal of municipal solid waste.

35. Under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste, undertakes to process, neutralize, and bury municipal solid waste, and the regional operator undertakes to transfer solid municipal waste to such an operator and pay for the services of processing, neutralization, and burial of solid municipal waste at regulated rates.

36. The essential terms of the contract for the provision of services for the processing, neutralization, disposal of municipal solid waste are:

a) the subject matter of the contract;

b) requirements for the composition of municipal solid waste transferred to the operator for the treatment of municipal solid waste, the method of storing municipal solid waste;

c) the planned mass of municipal solid waste sent to the facility used for processing, neutralization, burial;

d) place of acceptance (transfer) of municipal solid waste;

e) a method of commercial accounting of the amount of solid municipal waste;

f) the terms and procedure for payment for services under the contract;

g) the rights and obligations of the parties under the contract;

h) the procedure for the regional operator to exercise control over the activities of the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste;

i) liability of the parties.

37. The settlement period under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste is one calendar month.

38. The regional operator pays for the services of operators for the treatment of municipal solid waste that are actually rendered in the past month, carrying out activities for the processing, neutralization and disposal of solid municipal waste, unless otherwise provided by the contract for the provision of services for the processing, neutralization, burial of solid municipal waste, up to on the 15th day of the month following the month in which such services are rendered.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

39. In order to ensure the disposal of solid municipal waste, consumers have the right to conclude contracts for the provision of services for the disposal of solid municipal waste with a regional operator, individual entrepreneur and (or) a legal entity carrying out activities for the disposal of municipal solid 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. 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, there were repeated (2 times or more) violations of these Rules, and (or) the terms of contracts for the provision of services for the treatment of solid municipal waste, and (or) the terms of the agreement in relation to the volume (mass ) 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 model contract;
(Subparagraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

b) during the calendar year, the regional operator committed multiple (2 times 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 services of the operator for the treatment of solid municipal waste exceeds the twelfth part of the necessary gross revenue of the regional operator, determined by the executive authority of the constituent entity of the Russian Federation, which carries out state regulation of tariffs in the field of solid municipal waste management;

d) violation of the scheme of flows of solid municipal waste from the sources of their formation to the objects of processing, disposal, neutralization, disposal of waste, fixed by the scheme of waste management;
(Subparagraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.

e) violation of the terms of the agreement regarding the provision of an irrevocable bank guarantee as a security for the fulfillment of obligations under the agreement in accordance with the Rules for the Competitive Selection of Regional Operators for the Management of Municipal Solid Waste, approved by the Government of the Russian Federation of September 5, 2016 g. N 881 "On the competitive selection of regional operators for the treatment of solid municipal waste" by authorized executive authorities of the constituent entities of the Russian Federation.
(The subparagraph was additionally included from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094)

41. A legal entity deprived of the status of a regional operator is obliged:

a) perform the duties of a regional operator until the day determined by the agreement concluded by the state authority of the constituent entity of the Russian Federation with the new regional operator based on the results of the competitive selection;

b) within 10 working days from the date of determining a new regional operator, transfer to him all the information and documents necessary for organizing activities for the management of municipal solid waste, including a register of agreements and copies of concluded agreements in the field of waste management.

Form of a standard contract for the provision of services for the treatment of municipal solid waste

APPROVED
Government Decree
Russian Federation
dated November 12, 2016 N 1156
from October 2, 2018
Government Decree
Russian Federation
dated September 15, 2018 N 1094;
as amended by
since December 27, 2018
Government Decree
Russian Federation
dated December 15, 2018 N 1572. -
See previous edition)

MODEL AGREEMENT FORM
for the provision of services for the treatment of municipal solid waste

STANDARD AGREEMENT
for the provision of services for the treatment of municipal solid waste

I. Subject of the contract

1. Under the contract for the provision of services for the treatment of municipal solid waste, the regional operator undertakes to accept municipal solid waste in the amount and in the place specified in this agreement, and ensure their transportation, processing, neutralization, disposal 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 limits of the uniform tariff approved in the established manner for the service of the regional operator.

2. The volume of solid municipal waste, places (sites) of accumulation of solid municipal waste, including bulky waste, and the frequency of removal of solid municipal waste, as well as information on the location of places (sites) of accumulation of solid municipal waste and access roads to them (with the exception of residential buildings) are determined in accordance with the annex to this agreement.

II. Terms and procedure for payment under the contract

6. The consumer (with the exception of consumers in apartment buildings and residential buildings) pays for municipal solid waste management services by the 10th day of the month following the month in which the municipal solid waste management service was provided.

35 percent of the cost of services for the treatment of municipal solid 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;

payment for services actually provided in the past month for the treatment of solid municipal waste, taking into account the funds previously paid by the consumer as payment for such services provided in the billing period, is carried out before the 10th day of the month following the month for which payment is made. In the event that the volume of actually rendered services for the treatment of municipal solid waste for the past month is less than the volume determined by this agreement, the overpaid amount is credited against the forthcoming payment for the next month.

A consumer in an apartment building or residential building pays for a utility service for the provision of services for the treatment of municipal solid waste in accordance with the housing legislation of the Russian Federation.

7. Reconciliation of settlements under this agreement is carried out between the regional operator and the consumer at least once a year at the initiative of one of the parties by drawing up and signing by the parties of the relevant act.

The party initiating the reconciliation of settlements draws up and sends to the other party a signed act of reconciliation of settlements in 2 copies by any available method (postal item, telegram, fax message, telephone message, information and telecommunication network "Internet"), allowing to confirm receipt of such notification by the addressee. The other party is obliged to sign the act of reconciliation of settlements within 3 working days from the date of its receipt or provide a reasoned refusal to sign it with the direction of its version of the act of reconciliation of settlements.

If a response is not received within 10 working days from the date of sending the party the act of reconciliation of settlements, the sent act is considered agreed and signed by both parties.

III. The burden of maintaining container sites, special sites for storing bulky waste

(Section no longer valid)

IV. Rights and obligations of the parties

11. The regional operator is obliged:

a) accept municipal solid waste in the amount and in the place specified in the appendix to this agreement;

b) ensure the transportation, processing, neutralization, disposal of accepted municipal solid waste in accordance with the legislation of the Russian Federation;

c) provide the consumer with information in accordance with the information disclosure standards in the field of municipal solid waste management in the manner prescribed by the legislation of the Russian Federation;

d) respond to complaints and appeals of consumers on issues related to the execution of this agreement, within the period established by the legislation of the Russian Federation for consideration of appeals from citizens;

e) accept necessary measures for the timely replacement of damaged containers belonging to him on the basis of ownership or on other legal grounds, in the manner and within the time limits established by the 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) to carry out storage of solid municipal waste in places of accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the territorial waste management scheme;

b) provide accounting for the volume and (or) mass of municipal solid waste in accordance with the approved ones;

c) make payment under this agreement in the manner, amount and terms specified in this agreement;

d) ensure the storage of municipal solid waste in containers or other places in accordance with the annex to this agreement;

e) prevent damage to containers, incineration of municipal solid waste in containers, as well as at container sites, storage of prohibited waste and items in containers;

f) appoint a person responsible for interaction with the regional operator on the execution of this agreement;

g) notify the regional operator in any available way (postal item, telegram, fax message, telephone message, information and telecommunications network "Internet"), allowing to confirm its receipt by the addressee, of the transfer of rights to the consumer's objects specified in this agreement to the new owner.

14. The consumer has the right:

a) receive from the regional operator information on changes in the established tariffs in the field of solid municipal waste management;

b) initiate a reconciliation of settlements under this agreement.

V. The procedure for accounting for the volume and (or) mass of solid municipal waste

VI. The procedure for fixing 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 an act on the violation by the regional operator of obligations under the agreement and hands it over to the representative of the regional operator. If the representative of the regional operator does not 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 the act to the regional operator with the requirement to eliminate the identified violations within a reasonable period determined by the consumer.

The 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 the content of the act, the regional operator has the right to write an objection to the act with a reasoned indication of the reasons for its disagreement and send such an 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 timeframe proposed by the consumer, the regional operator offers other deadlines for eliminating the identified violations.

17. If the regional operator has not sent the 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 and signed by the regional operator.

18. In case of receiving objections from the regional operator, the consumer is obliged to consider the objections and, if he agrees with the 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 municipal solid waste is generated, in respect of which disagreements arose (full name, location, authority to the object (objects) possessed by the party that sent the act);

c) information about the violation of the relevant clauses of the contract;

d) other information at the discretion of the party, including photo and video materials.

20. The consumer sends a copy of the act on the violation by the regional operator of obligations under the contract to authorized body executive power of the subject of the Russian Federation.

VII. Responsibility of the parties

21. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties shall be liable in accordance with the legislation of the Russian Federation.

22. In the event of non-fulfillment or improper fulfillment by the consumer of obligations to pay for this agreement, the regional 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 relevant request, from the amount of debt for each day of delay.

23. For violation of the rules for handling solid municipal waste in terms of storing solid municipal waste outside the places of accumulation of such waste defined by this agreement, the consumer bears administrative responsibility in accordance with the legislation of the Russian Federation.

VIII. force majeure circumstances

24. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this agreement, if it was the result of force majeure circumstances.

At the same time, the period for fulfilling obligations under this agreement is extended in proportion to the time during which such circumstances were in effect, as well as the consequences caused by these circumstances.

25. The party affected by force majeure circumstances is obliged to take all necessary actions to notify the other party by any available means without delay, no later than 24 hours from the onset of force majeure circumstances, of the occurrence of these circumstances. The notification must contain data on the time of occurrence and the nature of these circumstances.

The party must also without delay, no later than 24 hours from the moment the force majeure circumstances cease, notify the other party about this.

IX. Contract validity

27. This agreement is considered extended for the same period and on the same terms, if one month before the expiration of its validity period, neither party declares its termination or amendment, or the conclusion of a new agreement on different terms.

28. This agreement may be terminated before the end of its validity by agreement of the parties.

X. Miscellaneous terms

29. All changes that are made to this agreement are considered valid if they are made in writing, signed by authorized persons and certified by the seals of both parties (if any).

30. In the event of a change in the name, location or bank details, the party is obliged to notify the other party in writing within 5 working days from the date of such changes by any available means that allow confirming the receipt of such notification by the addressee.

31. When executing this agreement, the parties undertake to be guided by the legislation of the Russian Federation, including the provisions of the Federal Law "On Production and Consumption Wastes" and other regulatory legal acts of the Russian Federation in the field of municipal solid waste management.

32. This agreement is made in 2 copies, having equal legal force.

33. The annex to this agreement is its integral part.

Application. Information on the subject of the contract

Application
to a standard contract for the provision
solids handling services
municipal waste
(As amended by
from October 2, 2018
Government Decree
Russian Federation
dated September 15, 2018 N 1094;
as amended by
since December 27, 2018
Government Decree
Russian Federation
dated December 15, 2018 N 1572. -
See previous edition)

Information on the subject of the contract

I. Volume and place (site) of accumulation of municipal solid waste

II. Information in graphical form on the location of places (sites) for the accumulation of solid municipal waste and access roads to them (with the exception of residential buildings)

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"