What types of waste are municipal solid waste (MSW). Legislation on the provision of services for the removal of solid waste The term municipal solid waste includes

Residents of the houses of the management company DEZ of the Kalinin District applied to the South Urals Panorama. According to them, residents recent times Waste collection charges doubled.

And indeed, their tickets contain not only the usual solid waste - solid household waste, but also some MSW - solid municipal waste. Residents are perplexed, what is the difference and why ordinary, it would seem, garbage was divided "into paper fractions." There are also many doubts about the scheme for accruing these payments: why did even conscientious payers suddenly have a large debt for garbage collection?

Gone to the "namesake"

UP applied for clarification to the Chelyabinsk municipal unitary enterprise Gorekotsentr, which takes out garbage to the city dump. But they said that only solid household waste appears in their receipts. As for the management company "Directorate of a single customer (DEZ) of the Kalininsky district", this company in October 2014 terminated the contract with the "garbage CBM", and entered into a new one - with private structure, which has nothing to do with it, but bears the same name - Gorekocenter LLC.
What caused this step, and why did the discrepancies arise?

These two lines in the receipts appeared due to a change in the contractor, - says Olga Borodina, senior accountant for payment of housing and communal services of the management company "DEZ of the Kalininsky district". - For tenants who have accumulated debts of municipal unitary enterprises, this is payment for the removal of solid waste. But a new line has also appeared - a fee for the collection and organization of the removal of MSW - municipal solid waste, which will be transferred to Gorekotsentr LLC.

However, the accountant could not clearly explain how MSW differs from MSW, advising to contact the mayor's office and the garbage carrier.

"Junk" regoperator?

In fact, there is no difference between MSW and MSW, - said Yulia Grishakova, director of Gorekocenter LLC. - This is still the same household garbage, and we do not yet practice its “selective collection” for processing, as well as the separate removal of food waste. We borrowed this term from the changed federal legislation and we already use it not only for the houses of the DEZ of the Kalininsky District, but also for the Remzhilzakazchik and other management companies with which we work.

The fact is that from January 1, 2015, amendments to the federal laws “On the Protection of environment” and “On production and consumption waste”. They no longer include solid domestic, but solid municipal waste. Moreover, in the near future, it is planned to create another regional operator, but not for the collection of capital repairs, but for the collection, removal and disposal of MSW.

But this is still a matter of the future, today these payments go "through the cash desk" of the management company. In addition, as Yulia Grishakova explained, earlier the law did not require a license for the collection and removal of garbage, and her company does not have this permission. Although under the new law, since in question on ensuring environmental safety, a license will still have to be issued in the future. By the way, the namesake MUP already has such a license, and not only for garbage removal, but also for its placement and disposal at the solid waste landfill.

From January 1 next year, in accordance with changes in federal legislation, local governments will no longer be responsible for the collection, removal, placement and disposal of household waste, - comments Alena Yushkova, Deputy Head of the Department of Ecology of the Administration of Chelyabinsk. - This concern passes to the regional government. Will be selected on a competitive basis regional operator The to which this authority is delegated. Then the term MSW will completely replace the current MSW. As for the fee for garbage collection, I think a more acceptable scheme is when payments go directly to the service provider, and not through the management company, the so-called direct contracts. It has already taken root in Chelyabinsk and allows you to avoid delays in the transfer of funds, other surprises of unscrupulous public utilities.

Housing or utilities?

But how justified is such a double name for garbage collection services? And how is the tariff formed? As explained in the regional Ministry of Tariff Regulation and Energy (former UTO), this structure regulates tariffs only for utilities, and the removal of solid waste is not. It is included in the category of housing services, and the tariff for it is approved on municipal level. And the validity of the amount of payment is monitored by the regional structure - the State Housing Inspectorate.

The term “municipal solid waste” still appears in our regulatory documents, says Olga Nezharenko, Head of the Department for the Validity of Payments for Housing and Utilities Services of the State Housing Inspectorate. - It is not clear why the name of the garbage collection fee was changed without our consent. Even if the term MSW is introduced at the federal level, it is hardly correct to use it along with the old one, even before the change in regulatory documents. This can cause confusion.

However, the question arises: why weren’t the residents explained how the two “garbage collections” appeared with different names? There is no such information on the website of the management company; according to the residents of the houses, there were no announcements at the entrances. And the very term "municipal waste" in relation to one of the types of housing services, the fee for which is included in the "housing service" of housing, causes, to put it mildly, misunderstanding. It is possible that some amendments will be made to the hasty law.

Why, when changing the contractor, they did not consult with us, did not hold a general meeting? the residents ask. - After all, this issue directly affects us, full-fledged owners of apartments. It is not clear to us what we gained from the change of the garbage contractor and the appearance of "double payments", the mechanism for which they did not explain to us, but only put before the fact. Why, if the majority of tenants pay on time, suddenly appeared huge "junk" debts? Today, when the housing and communal services sector should be transparent and understandable to everyone, much remains a secret with seven seals...

So far, we have not received such requests, but this is an alarming signal, - says Commissioner for consumer rights in the field of housing and communal services in Chelyabinsk region Anatoly Vershinin.- Here you need to understand. We will conduct a public investigation of the incident, if necessary, we will involve the prosecutor's office, law enforcement. But for this it is necessary that the residents come to me for an appointment or send an official appeal. In my opinion, until there is clarity, one should refrain from making payments to the former carrier of solid waste, informing all parties to the "garbage conflict" about this. If this information is confirmed, we will do our best to bring the perpetrators to justice.

Good afternoon, dear fellow environmentalists, we invite you to familiarize yourself with the latest information on waste related to MSW.

For these types of waste, no payment is made if the agreement is concluded with the regional operator for the treatment of MSW.

Recall that if the payer enters into a contract for the removal of garbage, this fee does not include payment for environmental pollution, even if the ownership of the waste is transferred to the recycling company. This conclusion follows from paragraph 1 of Art. 16.1 of the Federal Law of January 10, 2002 No. 7-FZ. This is also spelled out in the letter of Rosprirodnadzor dated January 29, 2016 No. AA-06-01-36 / 5099. At the same time, if economic and (or) other activities are carried out exclusively at objects of category IV, no payment is made, even if the waste is not MSW.

If your object is not related to objects negative impact, then the fee for the NVOS is not charged according to the letter of the Ministry of Natural Resources dated October 31, 2016 No. AS-09-00-36 / 22354.

PS. Clarifications: Paragraph 6 of the clarifications clearly states that if a legal the person does not carry out the household. activities using the objects of the NVOS, then his activity does not apply to the activity providing the NVOS, and thus, such persons have no obligation to pay for the NVOS.

Environmental Safety Training (Waste)

We have in our arsenal a course on the 112-hour program "Environmental safety of enterprises in the field of hazardous waste management of I-IV hazard class" - training is provided to managers and specialists of organizations directly involved in the management of waste of I-IV hazard class. This training is regulated by Article 15 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” and is mandatory. Look Additional information for training, as well as generate and submit an online application, .

The note was prepared by my assistant for the development of the “Environmental Safety” column, Ksenia Raldugina.

To be continued...

MSW treatment - what is it in the receipt? This year, a phased transition to MSW (service for the treatment of municipal solid waste) from the service for the removal of municipal solid waste began. From this article, you will learn the intricacies of working with regional MSW operators, when changes will affect you and whether you will have new responsibilities.

Formally, the term "municipal solid waste" was introduced on January 1, 2016 and replaced MSW (municipal solid waste), and the treatment of MSW has become one of the public services. This is provided for by Part 4 of Art. 154 ZhK RF. From January 1, 2019, the procedure for payment for MSW has changed.

To start the transition in practice, it was first necessary to create a legal framework. In 2016–2017, the foundation was laid for:

• approved the Rules for the treatment of municipal solid waste MSW (Decree of the Government of the Russian Federation of November 12, 2016 No. 1156);
• amendments were made to the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation of 06.05.2011 No. 354 (hereinafter - Rules No. 354). These innovations are provided for by Decree of the Government of the Russian Federation of February 27, 2017 No. 232 (hereinafter referred to as Decree No. 232).

Who will provide municipal service for the treatment of MSW

You will provide this CG together with the regional operator for the treatment of MSW. You are responsible for the maintenance of the waste accumulation site (container site), and the regional operator is responsible for providing the WC itself, starting from the accumulation site.

Services for the removal of solid waste / MSW are excluded from the maintenance and repair of common property.

If the MKD is not equipped with a centralized sewerage system, then the removal of liquid household waste, as before, is the responsibility of the organization managing the MKD (subparagraph “e”, paragraph 11 of the Rules for the Maintenance of Common Property in the MKD, approved by Decree of the Government of the Russian Federation dated 13.08.2006 No. 491 (hereinafter - Rules No. 491), clause 26 of the Minimum List of Services and Works Necessary to Ensure the Proper Maintenance of Common Property, approved by Decree of the Government of the Russian Federation No. 290 dated April 3, 2013 (hereinafter - the Minimum List).

When will the new public services system start working?

The regional operator begins its work when two conditions are met:

1. In the subject of the Russian Federation, a single tariff for the treatment of MSW has been approved.
2. The executive authority of the constituent entity of the Russian Federation and the regional operator for waste management entered into an agreement.

2019

By this year, the transition from MSW to MSW management will be completed.

These conditions must be met by January 1, 2019. Such requirements are established by Part 20 of Art. 12 of the Federal Law of June 29, 2015 No. 176-FZ and clause 2 of Resolution No. 232.

Until the two conditions above are met in your region, you continue to remove solid waste and collect fees for it in the old way.

How to work with a regional operator

You will need to conclude a standard contract for the provision of MSW management with a regional operator. Then you can legally provide this public service consumers. This is provided for in clause 148(7) of Rules No. 354. The standard form of the contract was approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156.

• MSW management and main problems on the way to its optimization

Agreements with owners of premises for the provision of a new service for the treatment of MSW

It will be you who will provide the CG for waste management to the container site and conclude an agreement with the owners of the premises in the MKD.

Which contract will need to be concluded depends on the method of managing the MKD:

• in the management of the MA - an agreement on the management of MKD. It is concluded between the MA and the owners of residential premises and parking spaces, persons who received premises from the developer, or the developer, partnership or cooperative;
• in the management of HOA, housing complex, housing cooperative - an agreement on the provision of public services for the treatment of MSW. It is concluded between a partnership or cooperative and the owners of residential premises and parking spaces.

With the direct method of managing the MKD, the contract for the provision of services for the treatment of MSW with the regional operator is concluded by the owners of the premises in the MKD.

This procedure is enshrined in paragraph 148(4) of Regulation No. 354.

Requirements for the provision of municipal services for the treatment of MSW

The main requirement is the frequency of waste removal. The frequency depends on the outside temperature:

• in the cold season (at an average daily temperature of 5 ° C and below) - at least once every three days;
• in warm time year (at an average daily temperature above 5 °C) - at least once a day (daily removal of MSW).

Permissible deviation of terms - no more than:

• 72 hours (cumulative) within one month;
• 48 hours at a time at an average daily air temperature of 5 °C and below;
• 24 hours at a time at an average daily air temperature above 5 °C.

Note

The regional operator must send you an offer to conclude an agreement within a month from the date of obtaining the corresponding status. Regardless of the method of managing the MKD, the regional operator concludes an agreement for the provision of services for the treatment of MSW with the owners of non-residential premises (paragraph 3, clause 148(1) of Regulation No. 354).

For every 24 hours of deviation in total during the billing period in which it occurred, the fee is reduced by 3.3%.

The requirements are set out in VII Annex 1 to Regulation No. 354.

The KU for the treatment of municipal solid waste is not provided for general house needs. This is provided for in paragraph 148(29) of Regulation No. 354.

MSW fee on utility bill

When will it start in your region? new order, you will be required to exclude the garbage collection fee from the maintenance fee. “MSW handling” will need to be indicated on a separate line in the receipt.

The fee will be calculated based on the number of consumers permanently and temporarily residing in the premises, unless a decision has been made in the subject of the Russian Federation to calculate the fee based on the total area of ​​\u200b\u200bthe dwelling.

The amount of the fee for WC in the receipt for the treatment of municipal solid waste for the consumer is calculated according to the formulas 9(1)-9(8) of Appendix 2 to Regulation No. 354 (clauses 148(30), 148(31), 148(38)) . The calculation procedure depends on two factors:

• whether the authority of the subject of the Russian Federation made a decision on the calculation of fees for the treatment of MSW based on the total area of ​​​​the dwelling;
• separately or without separation, MSW is collected and accumulated in MKD.

• About optimization of solid household waste management in the housing and communal services system

• organization and maintenance of such places, including maintenance and cleaning of garbage chutes, waste bins, container sites;
• organizing the collection of waste of I–IV hazard classes (hereinafter referred to as hazardous waste), for example, waste mercury-containing lamps;
• transfer of hazardous waste to organizations licensed for the collection, transportation, processing, disposal, neutralization and disposal of such waste.

This is provided for in sub. "e(2)" paragraph 11 of Regulation No. 491 and paragraph 26(1) of the Minimum List.

A new service from 2017 is the management of municipal solid waste. What is the difference with MSW and MSW, what changes does this entail and what is the management company obliged to do

The term "municipal solid waste" itself was introduced on January 1, 2016. For the first time this was reflected in the Housing Code of the Russian Federation, in Art. 154 states that MSW is a public service. Then the legal framework began to be developed, which at the time of 2017 consists of:

• MSW handling rules,
• changes in the Rules for the provision of public services<...> №354,
• also big influence reforms in the area of ​​MSW are influenced by environmental laws.

Responsibility for waste management

This utility service is provided by the regional operator together with management company. Responsibilities are divided as follows:

• The management company is obliged to maintain container sites, monitor the cleanliness and correct placement;
• The operator himself takes out the garbage to landfills or other designated waste collection points.
• If the MKD does not have centralized system drainage, then the removal of liquid waste remains on the shoulders of the organization managing the house.

MSW in the receipt goes in a separate column, now they are not included in the maintenance of common house property.

What does the operator do, except take out the garbage? He bears all responsibility for full cycle processing: waste acceptance (removal from sites), transportation (transportation to a landfill and the like), processing and disposal, as well as disposal (there are separate regulations for this).

Transition time to new orders

The question is when the regional MSW operator will be able to start its work. To conclude an agreement, you need:

• so that a single tariff for the treatment of MSW is formed in the region - then payment for MSW will be more transparent;
• conclude an agreement for the removal of MSW between the operator and the administration.
• the house, through the Criminal Code, concludes a standard agreement for the treatment of MSW.

The way the contract is concluded is different:

• if he manages the house of the Criminal Code, then an MKD management agreement is drawn up.
• if the house is managed by the HOA, etc., then an agreement is drawn up for the provision of public services.
• private houses can also conclude a contract with the operator, directly themselves.

But it will always be an agreement directly with the owners of residential premises and other things.

Norms and requirements

The handling of MSW is governed by rules, the violation of which entails the termination of the contract and fines. When it comes to waste disposal, the main thing is how often it is removed. Agree that having container bins piled up in the yard is still a pleasure.

The frequency of removal depends on the ambient temperature and is divided into the cold and warm seasons (the average daily temperature must be below or above 5°C, respectively):

• at least 1 time in 3 days in winter;
• daily in summer.

Deviations from the deadlines should not exceed 72 hours for the entire month (in the sum of all times), and once it is permissible to delay garbage collection for 24 hours in warm weather and 2 days in cold weather. For violation of the terms there are penalties - a reduction in the amount of payment. Every 24 hours in one billing period is minus 3.3%.

MSW in receipts

• goes on a separate line; payment for solid waste should be excluded from the composition of the receipt.
• the fee is distributed according to the number of people registered in the house or the size of the dwelling (depending on the method adopted in your subject).
• the price also depends on whether separate collection of MSW is organized for this house.

The difference between MSW and MSW

What is the fundamental difference between MSW and MSW that the authorities introduced new service and cancel the old one from January 1, 2019?

• municipal solid waste
• municipal solid waste

In general, there is no fundamental difference between them. This is the same garbage that we take out to container sites. Former definition said that it was only residential garbage, which differed for residential premises. And now the standard takes into account the rate of accumulation and is set not according to the principle of residential / non-residential, but for different consumers in different ways. That is, an average family and a cafe on the ground floor of the house will accumulate garbage, obviously, at different rates. Therefore, the first will pay less, and the owner of the cafe - more.

What is the difference between the concepts of "solid household waste" and "solid municipal waste", and how should they be called correctly? This confusion arose not so long ago - after the changes adopted by the authorities in, where for the first time the very concept of MSW was clearly spelled out, and work on their storage and elimination was included in the list of utilities.

These changes have been in effect since January 2016, but so far not all citizens have managed to understand the difference between solid household and municipal solid waste. Therefore, it is worth talking separately about how MSW and MSW differ.

The main part of the garbage of any modern city is what it is, that is, the garbage that is generated daily in any apartment.

Such waste consists of various biological (food and plant remains, bones) and synthetic (plastic, glass, cellulose, metals, textiles, etc.) components unsuitable for further use. Based on the composition, they can be divided into two types:

1. Biological (which is also called waste).
2. Non-biological (ordinary household waste).

What is considered "solid municipal waste"

The very concept of municipal solid waste was first established by the Federal Law of December 29, 2014 No. 458-FZ. Based on this document, this is actually the garbage that is formed and accumulated in residential premises in the course of human activity, as well as consumer goods that have lost their useful properties over time.

To the same (communal) waste, legislators attributed the waste of legal entities and individual entrepreneurs, similar in composition to ordinary household waste.

It turns out that the main sign by which waste can be classified as municipal waste is their formation during Everyday life a person or as a result of the activities of organizations or enterprises whose work is not directly related to the production of goods, the performance of works and services.

MSW or MSW: how is it right and what is the difference

Since the adoption of the above law in the Russian legal field, there is only one correct name household waste- municipal solid waste. And the expression "solid household waste" has become colloquial, and is no longer used in official documents and reports.

Initially, MSW is a broader concept than MSW, since it includes not only the garbage that ordinary citizens take out of their homes every day, but also similar waste from organizations (for example, office garbage).

As we can see, MSW and MSW are one and the same, and it is not so important for an ordinary citizen what differences exist between these terms. The specific difference is more important for those enterprises or organizations that are engaged in the collection and disposal of household waste - since the use of a colloquial designation is completely excluded in official documents and reports.

On the video report on the pressing problems of collection and disposal of municipal solid waste

The legislative definition of the status of MSW is due to the need to establish relations that are more understandable for citizens regarding the collection and disposal of garbage. If before the entry into force of Federal Law No. 458-FZ, payment for the collection and removal of household waste depended on the status of the premises (non-residential or residential), as well as its area, now the tariff will be tied to the status of the consumer (individual or legal entity / individual entrepreneur) and established standards for the accumulation of MSW. These rules differ for certain types consumers (residents of multi-apartment, individual residential buildings - and owners of offices and enterprises).

It seems logical that the inhabitants of an apartment building - ordinary average families - will accumulate less garbage than, say, a large office with many employees and visitors. Accordingly, the payment for residents will also be less.

So, the concept of “solid household waste”, familiar to every person, was legally changed to “municipal solid waste”. We hope that this innovation will help improve the state of the environment in Russia - now municipal solid waste is singled out as a special group, and the rules for handling it are strictly regulated at the level of law.