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The rules for the provision of communal services for the management of municipal solid waste, the procedure for concluding contracts for its provision and the procedure for settlements, as well as the exclusion from the maintenance of common property in an apartment building, the collection and removal of solid domestic waste, have been approved. The corresponding Government Decree of February 27, 2017 No. 232 was initiated by the Ministry of Construction of Russia.
According to the document, a separate chapter is introduced into the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, devoted to the relationship between consumers, managing organizations and regional operator for the management of MSW. At the same time, services for the collection and removal of solid municipal waste are excluded from the scope of work on the maintenance of common property in an apartment building and, accordingly, from the composition of the payment for housing services.
“The Decree of the Government amends the housing legislation: services for the treatment of MSW are transferred from housing to communal. From now on, waste disposal will be subject to rules and requirements on a par with other utilities. This applies both to the obligations of consumers and to the obligations of management companies. I emphasize that this will not lead to additional costs federal budget,” commented the Minister of Construction, Housing and Communal Services Russian Federation Michael Men. Thus, in the event of a temporary absence of a consumer in a residential area (more than 5 full calendar days in a row), the payment for the service for the treatment of MSW is recalculated in the general manner.
The minister explained that the document also defines the procedure for calculating the amount of payment for the service for handling municipal solid waste. By default, it will be calculated based on the number of citizens living in a residential building and the standards for the accumulation of municipal solid waste. At the same time, the regional authorities may decide to pay utility bills based on the total area of the dwelling.
In case of separate accumulation and collection of sorted waste, as well as if this is indicated in the agreement concluded with the regional operator for the provision of MSW management services, the amount of the fee may be determined based on the actual number of containers with sorted and unsorted waste, which will reduce the total amount service fees.
Deputy Head of Department Andrei Chibis added that the adoption of the Resolution introduces parameters for the quality of services for the treatment of municipal solid waste, for non-compliance with which the regional operator is responsible, and also noted that when calculating the limit index, which limits the amount of utilities, the treatment of municipal services will now also be taken into account. waste.
The changes approved by the resolution will be applied from the date of commencement of the activities of the regional operator for the treatment of municipal solid waste.
12/26/2018, Sasha Bukashka
Payment for utilities hides a lot of incomprehensible designations for the common man. We continue to reveal their meaning to you, and now it's the turn to find out what MSW is on an apartment receipt.
In 2017-2018, for the first time, many consumers encountered in their receipts for payment such a line as “payment for the treatment of MSW”. In 2019, this line will become familiar to all residents of apartment buildings, because the Government of the Russian Federation removed this service from the structure of general house needs. So what lies behind this mysterious abbreviation?
MSW treatment: what is it in the receipt
The abbreviation is deciphered very simply: "municipal solid waste". It is this concept that has been featured in the Housing Code since 2016. According to the norms, now the treatment of MSW is a public service. And if earlier it was paid centrally by managing organizations or housing maintenance associations, and apartment owners simply paid for it as part of general house needs, now the situation has changed. All tenants must pay for garbage collection (and this is just such a service), and the functions of the managing organization, as before, include concluding an agreement for its implementation.
Regional operators and segregation of duties
Each region must determine the operator for handling municipal solid waste and establish uniform tariffs for the removal of garbage and other waste, as well as their processing. In turn, the managing organization must conclude a contract for garbage collection, as well as:
- keep containers clean;
- equip them and monitor the correct placement.
In turn, the operator is obliged to take out the garbage to landfills according to the schedule, as well as:
- sort waste;
- handle waste;
- neutralize and bury them.
This entire cycle is included in the fee that tenants pay according to the utility bill. Transition period on the new order installed before 01/01/2019. Therefore, last year, residents of regions where a regional operator had not yet been selected, or houses whose MA or HOA had not yet concluded an appropriate agreement, could pay for garbage collection according to the old rules and not see the line “MSW handling” in their documents. But in 2019 everything will change.
How to pay for MSW according to the receipt
When household waste were included in general house needs, no payment was allocated for them, and the cost was distributed in multiples of the area of an apartment or other premises in an apartment building. Now that this is a separate utility, there is a separate line for it. The rate of payment is determined depending on the number of people living. The tariff is set at the regional level and depends on various factors:
- the actual number and volume of containers used;
- availability of conditions and opportunities for sorting and separate storage (this will make it possible to set a lower tariff than for unsorted waste);
- the predominance of waste that is not subject to burial and incineration (garbage that can be recycled).
Officials calculate the standard based on the average "production" of garbage by one person. Age, health status and social status in this case do not play a role. The municipal service for the treatment of municipal solid waste is controlled by the state and municipal authorities in terms of setting tariffs and fulfilling their obligations by service operators. Therefore, the document must contain exactly the tariff that is approved in the region.
In accordance with the Federal Law "On Production and Consumption Waste", the Government of the Russian Federation decides:
1. Approve the attached Rules for the treatment of municipal solid waste.
2. Approve the attached form of a standard contract for the provision of services for the treatment of municipal solid waste.
3. Subparagraph "d" of paragraph 1 of the Decree of the Government of the Russian Federation of August 25, 2008 No. 641 "On equipping vehicles, technical means and equipment systems satellite navigation GLONASS or GLONASS/GPS" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, No. 35, item 4037) shall be supplemented with the words ", transportation of municipal solid waste".
Rules
solid municipal waste management
I. General provisions
1. These Rules establish the procedure for the collection, transportation, processing, disposal, neutralization and disposal of municipal solid waste, as well as the grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of municipal solid waste (hereinafter referred to as the regional operator).
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 the places of their accumulation and collection to facilities used for processing, recycling, neutralization, burial of solid municipal waste;
"container" - a garbage collector intended for storage of municipal solid waste, with the exception of bulky waste;
"container site" - a place of 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;
"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;
"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.
3. 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.
The collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste must be safe for the population and the environment.
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. An agreement for the provision of services for the treatment of municipal solid waste is concluded between the consumer and the regional operator, in whose area of activity solid municipal waste is generated and there are places for their collection and accumulation, in accordance with the form of a standard agreement for the provision of services for the treatment of municipal solid waste , approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641".
6. The regional operator, within a month from the date of granting him the status of a regional operator, is obliged to send to all consumers at the address of an apartment building or residential building, the address indicated in the Unified State Register of Legal Entities or in the Unified State Register of Individual Entrepreneurs, a proposal to conclude a contract for the provision of services on the treatment of municipal solid waste and a draft of such an agreement.
7. If prior to the date of commencement of waste management specified in the agreement concluded by the executive authority of the subject of the Russian Federation and the regional operator (hereinafter referred to as the agreement) in accordance with the Federal Law "On Production and Consumption Waste", the regional operator has not concluded contracts for provision of services for the treatment of municipal solid waste with consumers, the municipal service for the treatment of municipal solid waste is provided by the regional operator in accordance with the terms of the agreement.
8. The contract for the provision of services for the treatment of municipal solid waste is concluded for a period not exceeding the period for which the legal entity has been assigned the status of a regional operator.
II. The procedure for the collection and transportation of municipal solid waste
9. Consumers shall store solid municipal waste at the places of collection and 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.
If the waste management scheme does not contain information about the places of collection and accumulation of solid municipal waste, the regional operator sends information about the identified places of collection and accumulation of solid municipal waste to the executive authority of the constituent entity of the Russian Federation that approved the waste management scheme for inclusion in it information about the places of collection and accumulation of municipal solid waste.
10. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places of collection and accumulation of solid municipal waste, the storage of solid municipal waste is carried out by consumers in the following ways:
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 of collection and accumulation of solid municipal waste, storage of bulky waste is carried out by consumers in the following ways:
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 handling of solid municipal waste from the moment such waste is loaded into a garbage truck at the places of collection and accumulation of solid municipal waste. At the same time, the burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the place of loading municipal solid waste located on the adjacent territory, which is part of the common property of the owners of premises in an apartment building, is borne by the owners of premises in an apartment building.
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 collecting and transporting the specified hazardous substances (cargo) as part of or under the guise of municipal solid waste.
15. Consumers are prohibited from storing solid municipal waste in places of collection and accumulation of solid municipal waste that are not specified in the contract for the provision of services for the treatment of municipal solid waste.
Consumers are prohibited from storing municipal solid waste outside of containers or in containers not intended for such types of waste, except in cases established by
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. The collection of electronic equipment waste is carried out in accordance with the procedure for the collection of municipal solid waste (including their separate collection), approved by the state authority of the constituent entity of the Russian Federation.
21. It is forbidden to organize waste collection sites from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, at container sites and special sites for storing bulky waste without the written consent of the regional operator.
22. Collection of waste from the use of consumer goods and packaging that have lost their consumer properties, 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.
23. In order to ensure the collection and 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 collection and transportation of solid municipal waste, on the basis of an agreement for the provision of services for the collection and transportation of solid municipal waste at a price determined by parties to such an agreement, except for cases when prices for services for the collection and transportation of municipal solid waste for a regional operator are formed based on the results of bidding.
24. Under a contract for the provision of services for the collection and transportation of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste, undertakes to collect and transport municipal solid waste, and the regional operator undertakes to pay for such services.
25. The essential terms of the contract for the provision of services for the collection and transportation of municipal solid waste are:
a) the subject 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 control the activities of the operator for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste;
j) liability of the parties.
26. The 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 requirements and safety requirements established by the legislation of the Russian Federation on technical regulation.
27. Transportation of municipal solid waste using garbage trucks not equipped with satellite navigation equipment is allowed until January 1, 2018.
28. The operator for the treatment of solid municipal waste, which collects and transports 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 collection and transportation of solid municipal waste.
29. When transporting municipal solid waste, it is prohibited to compact them beyond the limit allowable value compaction, established by the contract for the provision of services for the collection and transportation of municipal solid waste.
30. For each garbage truck, a route log must be kept in the form approved by authorized body executive power of the constituent entity 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 collection and transportation of municipal solid waste.
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 facilities.
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 solid municipal waste, carrying out activities for the processing, neutralization, 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 in the following order:
a) 35 percent of the cost of services for the processing, neutralization, disposal of solid municipal waste in the month for which payment is made, is paid before the 18th day of the current month, 50 percent of the cost of these services in the month for which payment is made, is paid before the end of the current month ;
b) payment for services actually provided in the past month for the processing, neutralization, disposal 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. If the volume of actually rendered services for the processing, neutralization, disposal of solid municipal waste for the past month is less than the volume specified in the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the overpaid amount is offset against the upcoming payment for the next month.
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, an individual entrepreneur and (or) a legal entity engaged in the disposal of solid municipal waste, in accordance with the civil legislation of the Russian Federation.
IV. Grounds on which a legal entity may be deprived of the status of a regional operator
40. A legal entity may be deprived of the status of a regional operator on the following grounds:
a) during the calendar year, due to the fault of the regional operator, 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 form of a standard contract for the provision of services for the treatment of solid municipal waste, approved by the Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641";
b) during the calendar year, the regional operator committed multiple (2 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 facilities used for processing, disposal, neutralization, disposal of waste, fixed by the waste management scheme.
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.
Model contract form
for the provision of services for the treatment of municipal solid waste
(approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156)
STANDARD AGREEMENT
for the provision of referral services
with municipal solid waste
___________________________ "____" ___________ 20__
(place of conclusion of the contract)
(name of company)
hereinafter referred to as the regional operator, represented by ________________,
________________________________________________________________________
(position title, last name, first name, patronymic of an individual)
indicate what you want)
on the one hand, and ____________________________________________________,
(name of organization, surname, first name,
middle name of an individual)
hereinafter referred to as the consumer, represented by ____________________________
(Full Name,
_______________________________________________________________________,
passport data - in case of conclusion of an agreement by an individual,
job title, last name, first name, patronymic - in case
conclusion of an agreement by a legal entity)
acting on the basis _____________________________________________,
(regulation, charter, power of attorney -
indicate what you want)
on the other hand, hereinafter referred to as the parties, have concluded this
agreement on the following:
I. Subject of the contract
1. Under a contract for the provision of services for the treatment of solid utilities
waste, the regional operator undertakes to accept solid communal
waste in the volume and location specified in this agreement, and
ensure their collection, transportation, processing, neutralization,
burial in accordance with the legislation of the Russian Federation, and
the consumer undertakes to pay for the services of the regional operator at the price,
determined within the limits approved in in due course unified
tariff for the service of a regional operator.
2. The volume of municipal solid waste, places of collection and accumulation
municipal solid waste, including bulky waste, and
the frequency of removal of municipal solid waste, as well as information in
graphical view of the placement of places for the collection and accumulation of solid
municipal waste and access roads to them (with the exception of residential
houses) are determined in accordance with the annex to this contract.
3. Method of storage of municipal solid waste -
________________________________________________________________________,
(garbage chutes and waste collection chambers, into containers, bunkers,
located on container yards, in bags or other containers
(specify which ones), provided by the regional operator, -
indicate what you want)
including bulky waste -
(into bunkers located on container yards, on
special storage areas for bulky waste -
indicate what you want)
4. Date of commencement of the provision of services for the treatment of solid communal
waste "____" ____________ 20__
II. Terms and procedure for payment under the contract
5. The billing period under this agreement means one
calendar month. Payment for services under this agreement is carried out according to
price, determined within the limits approved in the prescribed manner
unified tariff for the service of a regional operator: _____________________.
(the amount of payment is indicated
regional operator)
6. Consumer (excluding consumers in apartment buildings
and residential buildings) pays for the handling of solid utilities
waste in the following order:
35 percent of the cost of services for the treatment of solid utilities
waste in the month for which payment is made, paid before the 18th
date of the current month, 50 percent of the cost of the specified services in the month,
for which payment is made, is paid before the end of the current month;
payment for services actually rendered in the past month
management of municipal solid waste, taking into account the funds previously
paid by the consumer as payment for such services rendered in
billing period, is carried out before the 10th day of the month following the
month for which payment is made. In case the volume
actually rendered services for the treatment of solid communal
waste for the past month is less than the amount determined by this
contract, the overpaid amount is credited against the future
payment for the next month.
A consumer in an apartment building or apartment building pays
utility service for the provision of services for the treatment of solid
municipal waste in accordance with housing legislation
Russian Federation.
7. Reconciliation of settlements under this agreement is carried out between
regional operator and consumer at least once a year
initiative of one of the parties by drawing up and signing by the parties
the relevant act.
The party initiating the reconciliation of settlements draws up and
sends to the other party the signed act of reconciliation of settlements in 2
copies by any available means (postal item, telegram,
fax message, telephone message, information and telecommunications network
"Internet"), allowing you to confirm receipt of such notification
addressee. The other party is obliged to sign the act of reconciliation of settlements in
within 3 working days from the date of receipt or submit
reasoned refusal to sign it with the direction of his version
act of reconciliation of accounts.
If you do not receive a response within 10 working days from the date of
sending to 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 storage of bulky waste and territories,
adjacent to the place of loading of municipal solid waste
8. Regional operator for handling solid utilities
waste is responsible for the management of municipal solid waste with
the moment of loading such waste into a garbage truck at the places of collection and accumulation
solid municipal waste.
storage of bulky waste and the territory adjacent to the site
loading of municipal solid waste located on the adjacent
territory that is part of the common property of the owners of premises in
apartment buildings,
_______________________________________________________________________.
(owners of premises in an apartment building, a person
attracted by owners of premises in an apartment building
under contracts for the provision of services for the maintenance of common property
in such a house, another person specified in the agreement -
indicate what you want)
for storage of bulky waste and the territory adjacent to
the place of loading of municipal solid waste that is not part of the general
property of owners of premises in apartment buildings, bears
_______________________________________________________________________.
(owner of the land on which such
site and territory, another person specified in the agreement -
indicate what you want)
IV. Rights and obligations of the parties
11. The regional operator is obliged:
a) accept municipal solid waste in the volume and place,
which are defined in the appendix to this agreement;
b) ensure the collection, 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
disclosure standards in the field of handling solid
municipal waste in the manner prescribed by law
Russian Federation;
d) respond to complaints and appeals of consumers on issues,
related to the performance of this agreement, during the period,
established by the legislation of the Russian Federation for consideration
appeals of citizens;
e) accept necessary measures for timely replacement of damaged
containers owned or otherwise owned by him
legally, in the manner and within the time limits established
legislation of the subject of the Russian Federation.
12. The regional operator has the right:
a) exercise control over accounting for the volume and (or) mass of the accepted
solid municipal waste;
13. The consumer is obliged:
a) to store municipal solid waste in places
collection and accumulation of municipal solid waste, determined by the contract
for the provision of services for the treatment of municipal solid waste, in
in accordance with the territorial waste management scheme;
b) provide accounting for the volume and (or) mass of solid communal
waste in accordance with the Rules for the commercial accounting of volume and (or)
masses of municipal solid waste, approved by the resolution
approval of the Rules for commercial accounting of the volume and (or) mass of solid
municipal waste";
c) make payment under this agreement in the manner, amount and
the 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
contract;
e) prevent damage to containers, burning solid
municipal waste in containers, as well as at container sites,
warehousing in containers of prohibited waste and items;
f) appoint a person responsible for interaction with the regional
operator on the execution of this agreement;
g) notify the regional operator in any way possible
(postal item, telegram, fax message, telephone message,
information and telecommunications network "Internet"), allowing
confirm its receipt by the addressee, about the transfer of rights to objects
consumer, specified in this agreement, to the new owner.
14. The consumer has the right:
a) receive from the regional operator information about the change
established tariffs in the field of handling solid communal
waste;
b) initiate a reconciliation of settlements under this agreement.
V. Volume accounting procedure
and (or) masses of solid municipal waste
15. The parties agreed to record the volume and (or) mass
municipal solid waste in accordance with the Rules of commercial
accounting for the volume and (or) mass of municipal solid waste, approved
505 "On approval of the Rules for the commercial accounting of volume and (or) mass
municipal solid waste" in the following way:
_______________________________________________________________________.
(calculated based on the norms for the accumulation of solid
municipal waste, quantity and volume of containers for
storage of municipal solid waste or based on
masses of municipal solid waste - specify as necessary)
VI. The procedure for fixing violations under the contract
16. In case of violation by the regional operator of obligations under
hereof the consumer with the participation of a representative of the regional
operator draws up an act of violation by the regional operator
obligations under the contract 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 said act in the presence of at least 2 disinterested
persons or using photo and (or) video recording and within 3
working days sends an act to the regional operator with the requirement
eliminate the identified violations within a reasonable period of time, determined by
consumer.
Regional operator within 3 working days from the date of receipt
the act signs it and sends it to the consumer. In case of disagreement with
with a reasoned indication of the reasons for their disagreement and send such
objection to the consumer within 3 working days from the date of receipt of the act.
If it is impossible to eliminate violations within the time limits proposed
consumer, the regional operator offers other terms for elimination
detected violations.
17. If the regional operator has not sent a signed act
or objections to the act within 3 working days from the date of receipt of the act,
such an act is considered agreed and signed by the regional operator.
18. In case of receiving objections from the regional operator
the consumer is obliged to consider objections and, in case of agreement with
objections to 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 solid
municipal waste, in respect of which there were disagreements (full
name, location, authority to the object (objects), which
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 materials
photo and video filming.
20. The consumer sends a copy of the act of violation to regional
operator of obligations under the contract to the 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
The parties to this Agreement are liable in accordance with
the legislation of the Russian Federation.
22. In case of non-performance or improper performance
the consumer of obligations to pay for this agreement regional
the operator has the right to require the consumer to pay a penalty in the amount of
1/130 of the key rate of the Central Bank of the Russian Federation,
established on the date of presentation of the relevant claim, from the amount
debt for each day of delay.
23. For violation of the rules for handling municipal solid waste
in terms of storage of municipal solid waste outside the places of collection and
accumulation of such wastes defined by this agreement, the consumer
bears administrative responsibility in accordance with
the legislation of the Russian Federation.
VIII. Circumstances force majeure
24. The parties are released from liability for failure to perform or
improper performance of obligations under this agreement, if it
was the result of force majeure circumstances.
At the same time, the term for the fulfillment of obligations under this agreement
is extended in proportion to the time during which such
circumstances, as well as the consequences caused by these circumstances.
25. The party affected by the force majeure
forces, is obliged to take all necessary steps to notify the other
parties by any available means without delay, no later than 24 hours
from the moment of occurrence of force majeure circumstances, on the occurrence
the specified circumstances. The notice must include time information.
occurrence and nature of these circumstances.
The party must also without delay, no later than 24 hours from the moment
termination of force majeure circumstances, notify the other
IX. Contract validity
26. This agreement is concluded for a period of ________________________.
(date indicated)
27. This agreement is considered extended for the same period and for those
under the same conditions, if one month before the expiration of its validity, no
of the parties does not declare its termination or modification or the conclusion
new contract on different terms.
28. This agreement may be terminated before the end of its term.
action by agreement of the parties.
X. Miscellaneous terms
29. All changes that are made to this agreement are considered
valid if they are in writing, signed
authorized persons and certified by the seals of both parties (with their
availability).
30. In the event of a change in name, location or banking
details, the party is obliged to notify the other party in writing
form within 5 working days from the date of such changes by any available
ways to acknowledge receipt of such notification
addressee.
31. When executing this agreement, the parties undertake
be guided by the legislation of the Russian Federation, including
provisions of the Federal Law "On Production and Consumption Wastes"
and other regulatory legal acts of the Russian Federation in the field of
management of municipal solid waste.
32. This agreement is made in 2 copies, having equal
legal force.
33. The annex to this agreement is its integral
Regional operator Consumer
__________________________________ ___________________________________
"____" ______________ 20___ "____" ______________ 20___
Application
to a standard contract for the provision
solids handling services
municipal waste
Information
on the subject of the contract
I. Volume and place of collection and accumulation of municipal solid waste
II. Information in graphical form on the location of collection and accumulation sites for solid municipal waste and access roads to them (with the exception of residential buildings)
Document overview
The rules for handling municipal solid waste (MSW) have been approved. We are talking about the collection, transportation, processing, neutralization and disposal of waste.
The grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of MSW have been established.
The form of a standard contract for the provision of services for the treatment of MSW was also approved. Defined essential conditions such an agreement and the procedure for its conclusion.
MSW management on the territory of the subject of the Federation is provided by regional operators in accordance with the regional program and the territorial waste management scheme.
The regional operator, within a month from the date of granting him the appropriate status, is obliged to send to all consumers at the address of an apartment building or residential building a proposal to conclude the specified contract and its draft.
The contract is concluded for a period not exceeding the period for which the legal entity has been assigned the status of a regional operator.
It has been clarified that vehicles and railway vehicles are subject to equipment with GLONASS or GLONASS/GPS satellite navigation equipment. vehicles used for transporting MSW.
Residents of houses turned to South Ural Panorama management company"DEZ of the Kalinin region". According to them, residents recent times Waste collection charges doubled.
Indeed, their tickets include not only the usual MSW - municipal solid waste, but also some MSW - municipal solid 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. - It's still the same household waste, and its "selective collection" for processing, as well as separate export of food waste, we do not yet practice. 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 Environmental Protection” and “On Production and Consumption Wastes” came into force. 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. On a competitive basis, a regional operator will be selected to whom these powers will be 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 subscribers, this moment, I receive a lot of requests for waste management, in particular MSW. In this article, I suggest you deal with key concepts what awaits us in the future.
So let's start with the main thing, with the regulatory framework:
Municipal solid waste passes in FKKO under group 7 30 000 00 00 0
We draw your attention to Art. 1 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”, a new term has appeared:
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.
The federal law defines the priorities, principles and targets for the management of municipal solid waste (MSW):
- maximum use of raw materials and materials;
- prevention of waste generation at the source of their generation;
- reduction in the volume of formation and reduction of the hazard class of waste in the sources of their formation;
- waste treatment;
- recycling;
- waste disposal;
- waste disposal in an environmentally friendly manner in a safe way;
- introduction of mechanisms for economic regulation of circulation activities;
- gradual introduction of a ban on the disposal of types of consumer waste containing organic components; without prior mechanical and chemical processing waste and their sorting by components to be used (recycled); in facilities for the placement of consumer waste that do not meet the environmental requirements established for such facilities.
About the regional operator for the treatment of municipal solid waste
The legislation introduces a new economic entity - a regional operator for the treatment of municipal solid waste. From January 01, 2017, the authorized executive body of the constituent entities of the Russian Federation will conduct a competitive selection of regional waste management operators
The regional operator may involve waste management operators. However, since these types of activities, with the exception of collection and transportation, are classified by the Federal Law as licensed types of activities, it is expected to involve professional organizations capable of providing such services in a qualified manner. The regional operator carries out regulated activities in accordance with the regional program and territorial scheme in accordance with the rules established by federal and regional legislation.
A regional operator - one or more - is selected for 10 years, he will be able to plan his work and offer minimum tariffs, serve the population according to territorial schemes, and also pay for waste disposal.
The scheme is not a formality. This is a prerequisite for choosing a regional operator.
Regional operators enter into contracts for the provision of services for the treatment of municipal solid waste with the owners of municipal solid waste, unless otherwise provided by the legislation of the Russian Federation. The contract for the provision of services for the 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 zone 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.
At the moment, 48 territorial schemes have been approved and agreed by Rosprirodnadzor.
From January 1, 2016 art. 23 of the Federal Law No. 89-FZ was supplemented by paragraphs. 4 and 5, according to which payment for negative impact on the environment(hereinafter referred to as NWOS) when placing waste (with the exception of MSW) will be carried out individual entrepreneurs, legal entities, in the course of which economic and (or) other activities waste is generated, while the payers of fees for NWOS when placing MSW will be operators for the treatment of MSW, regional operators engaged in activities for their placement.
In addition, according to paragraph 9, which was 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.
From January 1, 2017, a norm comes into force according to which the disposal of waste, which includes useful components that are subject to disposal, is prohibited. The list of such waste types has been formulated and will soon be approved by the government.
At the first stage, starting next year, it is proposed to ban the disposal of scrap and waste of ferrous and non-ferrous metals, equipment waste and other products containing mercury.
We invite you to familiarize yourself with the federal law on production and consumption waste in the file below. About everyone necessary information find out in the source of up-to-date information on the site. We are working for you.
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The note was prepared by my assistant for the development of the rubric “ Environmental Safety» Xenia Raldugina.
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