Handling TKO what does it mean. A new MSW management system: a bright future or a road to nowhere? How to work with a regional operator

NEW RULES FOR MANAGEMENT OF MSW

In accordance with Federal Law No. 458-FZ of December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Wastes”, certain legislative acts Russian Federation and invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation” (hereinafter referred to as Federal Law No. 458-FZ) into Federal Law No. 89-FZ dated June 24, 1998 “On Production and Consumption Wastes” (hereinafter referred to as Federal Law No. 89 -FZ) a new concept was introduced "solid municipal waste".

DICTIONARY

Municipal solid waste(MSW) - 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. MSW also includes waste generated in the course of activities. legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals (Article 1 of Federal Law No. 89-FZ).

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" which includes the following articles:

• Art. 24.6 "Regional operator for the treatment of municipal solid waste";
• Art. 24.7 "Contract for the provision of services for the treatment of municipal solid waste";
• Art. 24.8 "Types of activities and tariffs in the field of municipal solid waste management subject to regulation";
• Art. 24.9 "The procedure for state regulation of tariffs in the field of solid municipal waste management";
• Art. 24.10 "Calculation of the volume and (or) mass of solid municipal waste»;
• Art. 24.11 "The right to receive information in the field of municipal solid waste management";
• Art. 24.12 "Organization of state control (supervision) in the field of regulation of tariffs in the field of solid municipal waste management";
• Art. 24.13 "Investment program of the operator for the treatment of municipal solid waste."

Thus, according to the stipulated changes, for the implementation of activities for the collection, transportation, processing, disposal, neutralization and disposal of MSW in the territories of the constituent entities of the Russian Federation, regional operators.

DICTIONARY

Regional operator for the treatment of MSW- operator for the treatment of MSW - a legal entity that is obliged to conclude an agreement for the provision of services for the treatment of MSW with the owner of MSW, which are formed and the places of collection of which are located in the area of ​​activity of the regional operator (Article 1 of Federal Law No. 89-FZ).

The status of a regional operator will be assigned to a legal entity on the basis of competitive selection for a period of at least 10 years.

Regional operators will have to carry out their activities in accordance with the regional waste management program and the territorial waste management scheme, the development and approval of which from January 1, 2016 will be attributed to the powers of the constituent entities of the Russian Federation.

It should be noted that at present it is not clear what the role of non-regional operator.

In 2016, in addition to fundamental changes in environmental legislation, dramatic changes are planned in the field of housing and communal services. Yes, in return for a favor. "garbage removal» a new utility service is being introduced, which will be called "Management of municipal solid waste".

Introduction new service will entail a change in the procedure for calculating the amount of payment for the collection and removal of MSW. Currently, the amount of payment for the provision of this service is determined per 1 m 2 of the total area occupied by the consumer premises. According to changes in Federal Law No. 89-FZ, the fee will be calculated based on the MSW accumulation standards for 1 person.

DICTIONARY

MSW accumulation standard- the average amount of MSW generated per unit of time (Article 1 of Federal Law No. 89-FZ).

For the service of a regional operator for the treatment of MSW, the executive authorities of a constituent entity of the Russian Federation will set a single tariff, while the costs of the operator for the processing and disposal of MSW will not be taken into account.

The regional operator will be obliged to conclude a service agreement either with the management organizations of apartment buildings, or directly with the owners of the premises.

Thus, all contractual relations of management companies with transporting organizations, landfills and other companies engaged in the management of housing stock waste must end before December 31, 2015, because. From January 1, 2016, the only possible party in relations related to MSW for management companies (HOA, ZhK, ZhSK, etc.) will be a regional operator - a single resource-supplying organization that will provide a service for the treatment of MSW and receive for its provision money from residents.

HAVE PROBLEMS - NO SOLUTIONS

In connection with the considered changes, a number of unresolved this moment problems.

Thus, one of these problems is the regulation of the issue maintenance and service of container sites. In most regions of our country, management companies used to take care of this issue, because. they were responsible for taking out the garbage. A certain part of the funds allocated for "garbage removal" went to cleaning container sites and other places where municipal waste accumulated. After the amendments to the legislation concerning the management of MSW come into force, management companies will not have financial opportunity continue to serve the sites, as as mentioned earlier, the regional operator will receive funds from residents for the provision of the service "treatment of municipal solid waste". Options way out of this situation can be, for example, transfer of accumulation sites to the municipal form of ownership or leasing them to various specialized organizations.

Unfortunately, today the legislation does not indicate the boundaries of the balance delimitation. Where the responsibility of management companies ends and where the responsibility of a regional operator begins is still unclear.

Next pressing issue: what is TKO? Does the new definition correspond to all known definitions of the concept of “solid household waste» (MSW)? The definition of MSW given in the current version of Federal Law No. 89-FZ raises many questions. One of them is the belonging of certain types of waste to this category. Does MSW include, for example, wood waste that is generated as a result of seasonal cutting, pruning and trimming of trees in the yards of residential buildings? And estimates from cleaning the territory? After all, these wastes (and in large quantities) are not generated in a residential area. Most likely, management companies will have to organize the collection of additional funds for cleaning up the territory from the above-mentioned waste. But will tenants agree to pay for so many “services”? Will legislative innovations appear in the form of cluttered garbage sites?

Once again, here is a quote from the new definition of MSW: “Solid municipal 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”. Norms for legal entities will be calculated based on the number of employees. That is, in fact, most of the working population will pay for the provision of this utility service twice.

Naturally, hopes for resolving these issues are pinned on future amendments to Federal Law No. 89-FZ and by-laws. But so far, all these amendments exist only in the draft, while the changes regarding the treatment of MSW will come into force as early as January 1, 2016.

Thus, the most difficult tasks are now facing the executive authorities of the constituent entities of the Russian Federation, because by the beginning of 2016 they need to:

• develop territorial waste management schemes;
• identify regional operators;
• establish marginal tariffs (tariffs for the processing, neutralization and disposal of MSW and a single tariff for the service of a regional operator for the treatment of MSW);
• approve regional programs in the field of waste management;
• conclude contracts;
• make up for the lack of waste recycling facilities.

They have less than 5 months to do all this.

REGIONAL WASTE MANAGEMENT PROGRAMS AND TERRITORIAL WASTE MANAGEMENT SCHEMES

Based on Art. 13.2 (will enter into force on 01.01.2016) Federal Law No. 89-FZ the regional program in the field of waste management should contain b:

1) values ​​of target indicators in the field of waste management, incl. with MSW, the achievement of which is ensured as a result of the implementation of the relevant program;

2) a list of measures in the field of waste management, incl. with MSW, indicating the expected results in kind and value terms, including the economic effect of the implementation of the relevant program, the timing of these activities. This list should contain activities aimed at:

• to stimulate the construction of facilities intended for processing, recycling, neutralization, disposal of waste, incl. MSW;
• co-financing the construction of facilities for the collection, transportation, processing and disposal of waste from the use of goods;
• promotion of waste recycling;
• identification of places of unauthorized waste disposal;
• prevention of harm to the environment when placing ownerless waste, incl. MSW, identification of cases of such harm and elimination of its consequences;
• providing access to information in the field of waste management;

3) information on the sources of financial support for activities in the field of waste management, incl. with MSW.

4) other issues determined by the state authority of the constituent entity of the Russian Federation.

In accordance with Art. 13.3 (will enter into force on 01.01.2016) Federal Law No. 89-FZ the territorial waste management scheme should include:

1) data on the location of sources of waste generation on the territory of a constituent entity of the Russian Federation (with drawing the sources of their generation on a map of a constituent entity of the Russian Federation);

2) data on the amount of waste generated on the territory of a constituent entity of the Russian Federation, broken down by types and hazard classes of waste;

3) data on target indicators for the neutralization, recycling and disposal of waste established in the constituent entity of the Russian Federation (broken down by years);

4) data on the location of waste collection and accumulation sites on the territory of a constituent entity of the Russian Federation;

5) data on the location of facilities for processing, disposal, neutralization, disposal of waste, incl. MSW;

6) the balance of quantitative characteristics of the formation, processing, disposal, disposal, disposal of waste, incl. MSW, on the territory of the corresponding subject of the Russian Federation;

7) scheme of waste streams, incl. MSW, from sources of their formation to facilities used for processing, recycling, neutralization, waste disposal, which includes graphic designations of places, the amount of waste generated, the number of objects used for processing, recycling, neutralization, disposal of waste.

At the same time, the territorial scheme should be, first of all, a real and functional working tool.

BY THE WAY

The Ministry of Natural Resources of Russia has developed a draft Decree of the Government of the Russian Federation “On the requirements for the composition and content of territorial waste management schemes, including municipal solid waste”, according to which the territorial waste management scheme includes the following sections:
a) finding sources of waste generation;
b) the amount of generated waste;
c) targets for recycling, neutralization and disposal of waste;
d) places of collection and accumulation of waste;
e) facilities for processing, recycling, neutralization, disposal of waste, incl. MSW;
f) the balance of quantitative characteristics of the formation, processing, disposal, neutralization, disposal of waste;
g) scheme of waste streams;
h) electronic model of the territorial waste management scheme;
i) directions of development of the system of organization and implementation of activities for the collection, transportation, processing, disposal, neutralization, disposal of waste;
j) applications.

As Deputy Minister noted natural resources and Ecology of the Russian Federation R. Gizatulin: “The creation of a territorial scheme for managing waste streams in the regions is one of the ways to form a guarantee of long-term waste acceptance. In this way, we reinforce the manufacturer’s confidence that he will be able to comply with the requirements of the legislation on waste processing.”. According to him, the implementation of territorial schemes will facilitate the establishment of direct interaction between producers of goods and companies involved in the disposal of waste generated as a result of the use of these goods, and will become a condition for the creation of a waste management industry.

During the development of territorial schemes for waste management and regional programs in the field of waste management, it is necessary to conduct a detailed analysis of waste management, their morphological composition by season and characteristics of waste processing and disposal facilities, as well as assess the overall economic feasibility of the selected schemes and programs.

DEVELOPMENT OF REGULATORY AND LEGAL ACTS IN THE FIELD OF MANAGEMENT WITH MSW

The constituent entities of the Russian Federation, in addition to solving the above tasks, must urgently adopt a number of laws and other regulatory legal acts in the field of MSW management.

Legislative acts of the constituent entities of the Russian Federation should regulate relations related to:

• with the procedure for developing, coordinating and approving a regional program in the field of waste management;
• the content and procedure for concluding an agreement between the executive authorities of the constituent entities of the Russian Federation and regional operators, as well as the conditions for bidding for the collection and transportation of MSW;
• the procedure for transferring to local government bodies of a settlement or urban district the authority to establish standards for the accumulation of MSW (if necessary);
• implementation of activities by regional operators.

ENVIRONMENTAL FEE

It is planned that funds from the payment of the environmental fee will be directed to the development of the industry.

concept "environmental fee" was introduced by Federal Law No. 458-FZ effective January 1, 2015 (see Articles 24.2 and 24.5 of Federal Law No. 89-FZ). This payment relates to non-tax revenues of the federal budget and must be paid by manufacturers, importers of goods subject to disposal.

The essence of the introduced changes is that manufacturers, importers of goods are obliged to ensure the disposal of waste from the use of these goods after they lose their consumer properties on their own or by paying an environmental fee. The list of such goods, including packaging, relevant recycling standards, environmental duty rates for each group of goods subject to disposal after they lose their consumer properties, and the procedure for its collection are established by the Government of the Russian Federation.

NOTE

On June 1, 2015, a meeting was held with the participation of the Government of the Russian Federation to set the maximum levels of non-tax payments of entrepreneurs and organizations, at which it was decided to introduce until January 1, 2019 moratorium on non-tax payments entrepreneurs and organizations. Based on the results of the meeting, a protocol dated 06/01/2015 No. DM-P13-48pr was prepared with instructions from the Chairman of the Government of the Russian Federation D.A. Medvedev, incl. establish a recycling standard for all categories of goods in the amount of 0%, with the exception of batteries, tires, paper, incandescent lamps, as well as groups of goods for which recycling is already underway.

Funds received by the federal budget on account of payment of the environmental fee will be distributed through the implementation of state programs of the Russian Federation in the form of subsidies to the constituent entities of the Russian Federation in the following areas:

• co-financing of regional programs in the field of waste management and territorial waste management schemes;
• covering the costs of collection, transportation, processing, disposal of waste from the use of goods;
• covering the deficit of funds received as payment by the population for services for the treatment of MSW;
• execution of engineering surveys and preparation of project documentation for the construction of facilities used for waste disposal, waste disposal facilities, construction and equipping of such facilities.

These subsidies from the federal budget will be provided in the manner approved by the Government of the Russian Federation, in proportion to the population living in the territory of the subject of the Russian Federation.

Finally, we note that the new waste management system (see figure) is similar to the model of regulation in the field of heat supply, water supply and sanitation.

CONCLUSIONS

1. New system Waste management is a big step forward modern society. Unfortunately, Federal Law No. 458-FZ is very "raw". And due to the lack of additional by-laws, the implementation of such a global goal as reforming the waste management system is very limited. I would like to believe that this will not affect the quality of its implementation.

2. It is desirable to start developing regional programs in the field of waste management and territorial schemes for waste management now, because. less than 5 months remain before the relevant provisions of Federal Law No. 458-FZ come into force, and making adjustments is always easier than creating something from scratch.

Solid and liquid household waste

At the beginning of 2016, a new item on the removal of municipal solid waste appeared in receipts for housing maintenance.

What does this concept mean?

Solid municipal or, as they are also called, household waste includes a fairly wide list: waste from residential and industrial, commercial and public buildings, fallen leaves, remnants of repair materials, waste from yard areas, spoiled food.

In other words, they include everything that falls into garbage containers near high-rise buildings.

Solid municipal waste also differs in the way it is processed and handled, the source of occurrence, the level of danger, composition and other characteristics.

However, not everything can be thrown into the bins in the yard. The law specifies the rules for handling and clear separation of municipal waste.

Can be disposed of in trash cans:

• wood and plant waste;
• small garbage collected by janitors (dust, cigarette butts, etc.);
• food waste and spoiled food;
• textile items
• materials used for packaging (cardboard), waste paper and newspapers.

Do not throw into garbage containers:

• bulky waste after repair;
• liquid and oil products;
• faeces of domestic animals;
• expired medicines and other pharmaceutical waste;
• toxic substances.

All this garbage must be taken out individually using special services. This is especially important for municipal waste hazardous to health, such as broken light bulbs and used energy-saving lamps.

You need to know the basic rules for handling them.

Such things contain mercury, which even in small quantities has a detrimental effect on human health.

Most of us do not think about the consequences that are possible due to violations of the rules for handling municipal waste. Garbage can lie in containers for several days and cause unpleasant consequences: contamination (in the case of organic waste), poisoning (mercury) and possible fire.

It is important to follow the rules of treatment and teach your children to do this. After all, the health of those around you and your family directly depends on how seriously you take them. ecological situation generally.

The small inconvenience of calling the special services cannot be compared with the danger to which innocent people are exposed.

Amendments to the law on the accumulation of municipal waste

Recently, several significant amendments have been made to the legal act for the accumulation of municipal solid waste.

1. The distinction between waste from production and residential areas has been abolished.
2. The organization of a unified system of control over the disposal of all waste is prescribed.
3. A new calculation of payment for the removal of household waste has been determined.
4. The norms for the accumulation of garbage per inhabitant of an apartment or entirely from a retail space per area have been introduced.
5. An MSW operator is appointed to resolve all organizational issues in the regions. Its appointment is carried out by the administration bodies (a competitive selection is carried out). The main requirements: the availability of serviceable vehicles for waste disposal and permission for this activity of Rospotrebnadzor.

During the past year, various tests were carried out, as a result of which the standards for the accumulation of solid waste were developed and calculated. This is exactly what the new column displays in the payment receipt for the maintenance of housing.

Determination of standards for the accumulation of municipal waste

The new instruction clearly defined the standards for each category of persons subject to the rules of treatment.

These include:

• owners of residential premises;
• owners of adjacent territories;
• individual entrepreneurs renting industrial premises.

The standards are determined using special measurements once a season, carried out by the MSW operator. To do this, choose a residential area in which at least 2% of the total population is concentrated for small cities, 1% for large cities and 0.5% for million-plus cities.

To carry out such measurements, special equipment is used - special containers and large plastic bags. The separation of solid waste of all three categories is clearly monitored, and the possibility of mixing is excluded. After carrying out such work, a waste report for each day should be drawn up.

The next step is the calculation of additional coefficients using specially derived formulas:

• average daily standard;
• average quantitative standard for each season;
• annual standard (daily multiplied by the number of days in a year);
• monthly average.

After the experimental containers are filled, the mass and volume of the waste is measured.

To do this, a number of steps are taken.

1. Leveling all waste.
2. With the help of a special ruler, the volume of collected waste is measured. The measurement takes place from top to bottom, and the length of the ruler is one and a half meters.
3. To measure the mass, a dynamometer is used, and then the mass of the empty tank is subtracted from the obtained value.
4. If the weight of the garbage is less than 10 kg, it can be weighed on a loading vehicle.

All the results obtained are entered into a special table, after which the average values ​​are displayed for all types of solid waste separately (residential, house, industrial).

The MSW operator is an entrepreneur who is legally responsible for all calculations made and carries out further work with them.

What do standards depend on?

Ordinary residents of apartment buildings are probably wondering what the norms given in the receipts depend on, why are they not the same for everyone?

They are influenced by the following factors:

• the level of livability of the dwelling (presence of a central heating system, sewerage, etc.);
• availability of containers for separate collection of various types of garbage (plastic, paper, etc.). (in this case, the mass of MSW is much less);
• weather conditions (for example, in the northern regions of our country, the heating season has been significantly extended);
• the presence of green plantings in the local area.

For accurate compilation of standards, data from well-maintained and disadvantaged areas are used. Great importance has a method of heating housing.

After full study, for each type of premises, a sanitary passport is drawn up, which, without fail, indicates the number of people living in a high-rise building (for entrepreneurs - places in a cafe or restaurant); the level of improvement and grooming of the adjacent territory (the presence of landscaping and sidewalk paths).

If there is a separate collection of garbage, indicate the data on its measurement.

MSW standards for each person

For uniform calculations within the whole country, a special instruction has been created, which sets out approximate savings rates for each consumer.

They are:

• average daily for the year;
• average daily for the season;
• average annual.

They are calculated taking into account population density.

• well-appointed housing central heating, gas and water supply, waste collection is carried out in a separate way);
• poor housing (stove heating, lack of permanent water supply and sewerage, waste collection is not carried out, private houses are allocated separately);
• liquid waste (a separate line is waste that accumulates in basements and cesspools).

The final decision on the amount of standards for the accumulation of municipal solid waste is made by local governments. They are updated every 5 years.

Temporary standards

Such standards are valid for individual entrepreneurs while the MSW operator measures and calculates constant indicators.

The basis of the calculation of time standards is the occupation of each specific organization. Usually use the average value of the amount of garbage. According to the instructions, temporary standards should be adjusted once a year.

Each type of activity has its own coefficient. To calculate the number of waste accumulations, it is multiplied by the existing standards and the number of working days.

Now many areas of individual business use average time standards: shops (hardware, grocery, manufactured goods), stalls and stalls, transport offices, various service enterprises.

The calculation of temporary standards does not include bulky waste. If such waste has appeared, they are included in the calculations and multiplied by a factor of 1.5. For large cities, the norms of accumulation of solid waste from production are at least 2 times less than from residential areas.

New regulations. Are they needed?

The adopted law on municipal waste management is aimed, first of all, at maintaining a favorable environmental situation in places where a large number of people live. In addition, the real indicators of the accumulation of solid waste in production are being calculated.

The measures taken will help:

• increase the number of enterprises dealing with solid waste disposal;
• establish safe disposal of hazardous waste and proper handling of it;
• to build new factories for the processing of certain types of waste;
• destroy illegal dumps and prosecute those responsible for their creation.

In the instructions to the law on handling solid waste disposal measures for manufacturing enterprises are clearly defined. Now special organizations responsible for the destruction of waste, will not be able to refuse them to accept garbage. Accordingly, the need for unauthorized landfills will disappear.

New rules for handling municipal waste in a difficult environmental situation, just in time. Their observance, both by ordinary owners of residential premises and by manufacturing companies, will ensure cleanliness and order in every city.

The Government of the Russian Federation has prepared a draft Decree of the Government of the Russian Federation No. 02/07/02-16/00045748 “On Amendments to Certain Acts of the Government of the Russian Federation on the Provision of Public Services for the Management of Municipal Solid Waste”, in which it proposed amendments to the rules for the provision of public services for handling municipal solid waste. This document will be discussed today.

MSW as part of utilities

Solid municipal waste- these are wastes that appear 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.

MSW also includes waste generated in the course of activities of legal entities, individual entrepreneurs, similar in composition to waste generated in residential premises in the process of consumption by individuals.

It is assumed that the amount of the fee for CU will be determined based on the volume of consumed CU. He, in turn, is checked according to the readings of metering devices, and in their absence - based on consumption standards, MSW accumulation standards.

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.

As a reminder, if the payer concludes a contract for garbage collection, this fee does not include payment for pollution environment, even if 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...