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GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
On the treatment of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 N 641
Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 09/24/2018, N 0001201809240004);
(Official Internet portal of legal information www.pravo.gov.ru, December 19, 2018, N 0001201812190031) (for the procedure for entry into force, see paragraph 2 of the Decree of the Government of the Russian Federation).
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According to the government Russian Federation
decides:
1. Approve the attached Rules for the treatment of municipal solid waste.
2. Approve the attached form of a standard contract.
3. Subparagraph "d" of paragraph 1 of Decree of the Government of the Russian Federation of August 25, 2008 N 641 "On equipping vehicles, technical means and systems with GLONASS or GLONASS / GPS satellite navigation equipment" (Collected Legislation of the Russian Federation, 2008, N 35, art. 4037) add the words "transportation of municipal solid waste".
Prime Minister
Russian Federation
D.Medvedev
Rules for handling municipal solid waste
APPROVED
Government Decree
Russian Federation
dated November 12, 2016 N 1156
I. General provisions
1. These Rules establish the procedure for the accumulation, collection, transportation, processing, disposal, neutralization and disposal of solid municipal waste, the conclusion of an agreement for the provision of services for the treatment of solid municipal waste, as well as the grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of municipal solid waste (hereinafter referred to as the regional operator).
Decree of the Government of the Russian Federation.
To the relations arising between the owners and (or) users of residential premises in apartment buildings and managing organizations, homeowners associations, housing cooperatives, other specialized consumer cooperatives, between owners of premises, users of residential premises in apartment buildings, owners of residential buildings and regional operators, between owners of residential buildings and organizations (including non-profit associations) that, on their own behalf and in the interests of the owner of a residential building, conclude contracts for the provision of services for the management of solid municipal waste with the relevant regional operators, related to ensuring the provision of services to these owners and users utility services for the treatment of municipal solid waste, the provisions of these Rules apply to the extent not regulated by the housing legislation of the Russian Federation.
(The paragraph was additionally included from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094)
2. The following concepts are used in these Rules:
"bunker" - a garbage collector intended for storage of bulky waste;
"removal of municipal solid waste" - transportation of solid municipal waste from places (sites) of their accumulation to facilities used for processing, recycling, neutralization, burial of solid municipal waste;
(Paragraph from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
"container" - a garbage collector intended for storage of municipal solid waste, with the exception of bulky waste;
"container site" - a place (site) for the accumulation of municipal solid waste, equipped in accordance with the requirements of the legislation of the Russian Federation in the field of protection environment and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population and intended for the placement of containers and bunkers;
(Paragraph as amended, put into effect on December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
"bulky waste" - solid municipal waste(furniture, household appliances, waste from current repairs of residential premises, etc.), the size of which does not allow their storage in containers;
"garbage truck" - a vehicle of category N used for the transport of municipal solid waste;
loading of solid municipal waste" - the movement of solid municipal waste from places (sites) of accumulation of solid municipal waste or other places from which solid municipal waste is loaded into a garbage truck for the purpose of their transportation, as well as cleaning the places of loading of solid municipal waste;
Decree of the Government of the Russian Federation of December 15, 2018 N 1572)
"consumer" - the owner of municipal solid waste or a person authorized by him who has entered into or is obliged to conclude an agreement with the regional operator for the provision of services for the treatment of municipal solid waste;
cleaning of places for loading solid municipal waste" - actions for the selection of dropped (waking up, etc.) when loading solid municipal waste and moving them to a garbage truck.
(The paragraph is additionally included from December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572)
3. Accumulation, collection, transportation, processing, disposal, neutralization, burial of municipal solid waste are carried out taking into account the environmental legislation of the Russian Federation and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population.
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
The accumulation, collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste must be safe for the population and the environment.
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
4. Handling of municipal solid waste on the territory of a constituent entity of the Russian Federation is provided by regional operators in accordance with the regional program in the field of waste management, including municipal solid waste, and the territorial waste management scheme (hereinafter referred to as the waste management scheme) on the basis of contracts for the provision of services for the treatment of municipal solid waste concluded with consumers.
The regional operator carries out the collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste independently or with the involvement of municipal solid waste management operators.
5. The contract for the provision of services for the treatment of municipal solid waste is concluded between the consumer and the regional operator, in the area of activity of which solid municipal waste is generated and there are places (sites) for their accumulation, in the manner prescribed by Section I_1 of these Rules.
Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended, put into effect on December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
6. The clause became invalid from October 2, 2018 - ..
7. The clause became invalid from October 2, 2018 - Decree of the Government of the Russian Federation of September 15, 2018 N 1094 ..
8. The clause became invalid from October 2, 2018 - Decree of the Government of the Russian Federation of September 15, 2018 N 1094 ..
I_1. The procedure for concluding a contract for the provision of services for the treatment of municipal solid waste
(Additionally included from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094)
8_1. The regional operator concludes contracts for the provision of services for the management of municipal solid waste in the manner prescribed by this section in relation to municipal solid waste generated:
a) in residential premises in apartment buildings (except for the cases provided for in parts 1 and , in which the contract for the provision of services for the treatment of municipal solid waste is concluded in accordance with the housing legislation of the Russian Federation), - with the person who manages the apartment building in accordance with housing legislation of the Russian Federation;
b) in residential buildings - with an organization (including a non-profit association) acting on its own behalf and in the interests of the owner;
c) in other buildings, structures, structures, non-residential premises, including in apartment buildings (except as provided for in parts 1 and 9 of Article 157_2 of the Housing Code of the Russian Federation, in which the contract for the provision of services for the treatment of municipal solid waste is concluded in accordance with with the housing legislation of the Russian Federation) (hereinafter referred to as non-residential premises), and on land plots, with persons legally owning such buildings, structures, structures, non-residential premises and land plots, or persons authorized by them.
8_2. Upon transfer of rights to buildings, structures, structures, non-residential premises and land plots on which solid municipal waste is generated, to a new owner (other legal owner and (or) user), such owner (other legal owner and (or) user) in A 3-day period is required to notify the regional operator of such a transfer of rights and conclude an agreement with him for the provision of services for the treatment of municipal solid waste in the manner and within the time limits established by these Rules for the conclusion of this agreement.
8_3. If one person owns several buildings, structures, structures, non-residential premises and land plots on which municipal solid waste is generated, one contract for the provision of services for the treatment of municipal solid waste can be concluded with the inclusion of all these objects in such an agreement, if they are located in the area of activity of one regional operator.
8_4. The basis for the conclusion of an agreement for the provision of services for the treatment of municipal solid waste is the application of the consumer or his legal representative in writing for the conclusion of such an agreement, signed by the consumer or a person acting on behalf of the consumer on the basis of a power of attorney (hereinafter referred to as the application of the consumer), or the proposal of a regional operator on the conclusion of an agreement for the provision of services for the treatment of municipal solid waste.
8_5. The consumer's application can be sent to the regional operator starting from the date of approval in accordance with the established procedure of a single tariff for the service of the regional operator for the 1st year of the agreement on the organization of activities for the treatment of municipal solid waste, concluded by the executive authority of the constituent entity of the Russian Federation and the regional operator (hereinafter - the agreement ).
8_6. The consumer's application shall include the following information:
a) consumer details:
for a legal entity - the full name, the main state registration number of the entry in the Unified State Register of Legal Entities and the date of its entry into the register, actual address, individual taxpayer number, bank details and documents certifying the person's right to sign an agreement for the provision of services for the treatment of solid municipal waste;
for an individual entrepreneur - the main state registration number of the entry in the Unified State Register of Individual Entrepreneurs and the date of its entry into the register, registration address at the place of residence, individual taxpayer number and bank details;
for an individual - last name, first name, patronymic, series, number and date of issue of a passport or other document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation in accordance with the legislation of the Russian Federation, address of registration at the place of residence and contact details of the consumer;
b) the name and location of the premises and other real estate objects specified in clause 8.1 of these Rules;
c) information on the type of economic and (or) other activity carried out by the consumer (for a legal entity and an individual entrepreneur), information on the amount and composition of municipal solid waste generated per year.
8_7. The following documents are attached to the consumer's application:
a) a copy of the document confirming the right of ownership or other legal basis for the consumer to acquire the rights to own and (or) use the building, structure, residential and non-residential premises, land plot;
b) documents confirming the presence of:
the managing organization or partnership of homeowners or a housing, housing-construction or other specialized consumer cooperative has the obligation to provide communal services for the management of solid municipal waste to owners of solid municipal waste;
the managing organization has a license to carry out entrepreneurial activities in the management of apartment buildings;
c) a power of attorney or other documents that, in accordance with the legislation of the Russian Federation, confirm the authority of the consumer representative, acting on behalf of the consumer, to conclude an agreement for the provision of services for the treatment of municipal solid waste (for a representative - an individual, also a copy of the passport or other document certifying the identity of a citizen of the Russian Federation on the territory of the Russian Federation in accordance with the legislation of the Russian Federation);
d) documents containing information:
on the purpose and total area of a residential building or part of a residential building, building, structure, non-residential premises, on the area and type of permitted use of a land plot, on the number of units of account approved by the executive authority of a constituent entity of the Russian Federation or the local self-government body of a settlement or urban district ( in the event that they are empowered by the law of the constituent entity of the Russian Federation) when determining the standards for the accumulation of solid municipal waste for the corresponding category of the facility;
on the area of residential premises, non-residential premises (separately for each owner of non-residential premises), premises included in the common property of the owners of premises in an apartment building, or on the number of residents in an apartment building, residential building or part of a residential building (depending on the method of calculating the fee for the service of municipal solid waste management).
8_8. The consumer's application and the documents provided for in paragraph 8.7 of these Rules are considered by the regional operator within a period not exceeding 15 working days from the date of their receipt.
If the consumer's application does not contain necessary information and (or) the documents provided for, respectively, in paragraphs 8_6 and 8_7 of these Rules, the regional operator, within 5 working days from the date of receipt of the consumer's application, sends him a notice in writing about the need to provide the missing information and (or) documents, after which he suspends consideration of the consumer's application until the missing information and documents are received. If the missing information and (or) documents are not submitted by the consumer within 15 working days from the date the consumer receives a notification about the need to provide the missing information and (or) documents, the regional operator stops consideration of the consumer's application and returns it with an indication of the reasons for the return.
8_9. If a consumer application is received from several consumers in relation to the same objects (parts of objects), consideration of consumer applications may be suspended by the regional operator for no more than 10 working days in order to obtain an extract from the Unified State Register of Real Estate about such objects (parts of objects).
8_10. If the consumer's application contains all the necessary information and documents provided for, respectively, in clauses 8_6 and 8_7 of these Rules, the regional operator, within 15 working days from the date of receipt of the consumer's application, sends him 2 copies of the draft agreement signed on his part for the provision of services for handling municipal solid waste in any way that allows you to confirm its receipt by the consumer. The draft of this agreement is drawn up in accordance with a standard agreement for the provision of services for the treatment of municipal solid waste in the form approved by Decree of the Government of the Russian Federation of November 12, 2016 N 1156 "On the treatment of municipal solid waste and amending the resolution of the Government of the Russian Federation of August 25, 2008 N 641 "(hereinafter referred to as the standard contract), and may be supplemented by other provisions that do not contradict the legislation of the Russian Federation.
8_11. The consumer, within 15 working days from the date of receipt of 2 copies of the draft agreement for the provision of services for the treatment of municipal solid waste, is obliged to sign them and send 1 copy of the agreement for the provision of services for the treatment of solid municipal waste to the regional operator or send a reasoned refusal to sign the specified draft agreement with the annex to it proposals to amend such a draft insofar as it does not contradict the legislation of the Russian Federation (in the event of signing the specified draft agreement or a reasoned refusal to sign it by another person acting on behalf of the consumer to the draft agreement for the provision of services for the treatment of municipal solid waste or a reasoned refusal to sign it, documents confirming the authority of such a person are attached).
8_12. If after 15 working days from the date of receipt by the consumer from the regional operator of the draft agreement for the provision of services for the treatment of municipal solid waste, the consumer has not submitted a signed copy of the agreement for the provision of services for the treatment of municipal solid waste or a reasoned refusal to sign the specified draft agreement with by appending to it proposals to amend such a draft to the extent that does not contradict the legislation of the Russian Federation, the contract for the provision of services for the treatment of municipal solid waste is considered concluded on the terms of a standard contract at the price indicated by the regional operator in the specified draft contract sent in accordance with paragraph 8_10 of these Rules.
8_13. A contract signed by the consumer for the provision of services for the treatment of municipal solid waste, a reasoned refusal to sign a draft agreement for the provision of services for the treatment of municipal solid waste with an annex to it of proposals to amend the specified draft agreement insofar as it does not contradict the legislation of the Russian Federation, the consumer sends to the regional operator in any way that allows confirming their receipt by the regional operator.
8_14. The regional operator, within 10 working days from the date of receipt of the reasoned refusal and proposals specified in clause 8_11 of these Rules, considers them, and also takes measures to resolve disagreements.
If the disagreements on the draft agreement for the provision of services for the treatment of municipal solid waste are fully resolved, the regional operator sends the specified draft agreement to the consumer for signing, taking into account the settled disagreements, within the period provided for in the first paragraph of this clause.
If the disagreements on the draft agreement for the provision of services for the treatment of municipal solid waste are partially resolved, the regional operator sends the consumer for signing the specified draft agreement, drawn up in accordance with the standard agreement and taking into account the settled disagreements, within the period provided for in the first paragraph of this clause.
8_15. If the disagreements on the draft agreement for the provision of services for the treatment of municipal solid waste are not resolved or the regional operator does not send the specified draft agreement, taking into account the settled disagreements, within the period provided for in paragraph 8.14 of these Rules, the agreement for the provision of services for the treatment of solid municipal waste is considered concluded on the terms of a standard contract at the price indicated by the regional operator in the specified draft contract sent in accordance with paragraph 8.10 of these Rules.
8_16. If the regional operator sent a draft agreement for the provision of services for the treatment of municipal solid waste, taking into account the settled disagreements, to the consumer within the period specified in paragraph 8_14 of these Rules, the consumer is not entitled to refuse to conclude it, offer to consider other conditions and is obliged to sign within 10 working days from the date of receipt.
8_17. The regional operator, within one month from the date of conclusion of the agreement, notifies potential consumers of the need to conclude, in accordance with the Federal Law "On Production and Consumption Waste", an agreement for the provision of services for the treatment of municipal solid waste by all available means, including by posting relevant information on its official website in the information and telecommunications network "Internet", as well as in the media.
The regional operator, within 10 working days from the date of approval in the prescribed manner of a single tariff for the service of a regional operator for the 1st year of the agreement, simultaneously places in print media established for the official publication of legal acts of state authorities of a constituent entity of the Russian Federation, and on its own official website in the information and telecommunications network "Internet" a proposal addressed to consumers on the conclusion of an agreement for the provision of services for the treatment of municipal solid waste and the text of a standard agreement.
The consumer, within 15 working days from the date of placement by the regional operator of a proposal to conclude an agreement for the provision of services for the treatment of municipal solid waste, sends the consumer's application and documents to the regional operator in accordance with paragraphs 8_5-8_7 of these Rules. The consumer's application is considered in the manner prescribed by paragraphs 8_8-8_16 of these Rules.
If the consumer has not sent the consumer's application and documents to the regional operator in accordance with clauses 8_5-8_7 of these Rules within the specified period, the contract for the provision of services for the treatment of municipal solid waste is considered concluded on the terms of a standard contract and entered into force on the 16th business day. day after the placement by the regional operator of the proposal to conclude the said agreement on its official website in the information and telecommunications network "Internet".
8_18. Until the day the contract for the provision of services for the treatment of municipal solid waste is concluded, the service for the treatment of solid municipal waste is provided by the regional operator in accordance with the terms of the standard contract and the agreement and is subject to payment by the consumer in accordance with the terms of the standard agreement at a price equal to the unified approved in the prescribed manner the tariff for the service of a regional operator, with subsequent recalculation in the first settlement period from the date of conclusion of the specified agreement based on the price of the concluded agreement for the provision of services for the treatment of municipal solid waste.
8_19. The validity period of the agreement for the provision of services for the treatment of municipal solid waste is established by the specified agreement and cannot exceed the period for which the legal entity has been assigned the status of a regional operator.
8_20. If one month before the expiration of the agreement for the provision of services for the treatment of municipal solid waste, none of the parties declares the termination, amendment or conclusion of the specified agreement on other conditions that meet the requirements of the legislation of the Russian Federation, its validity period is extended for the same period and under the same conditions, but no more than for the period for which the legal entity was granted the status of a regional operator.
II. The procedure for transporting municipal solid waste
(Name as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
9. Consumers store solid municipal waste in places (sites) of accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the waste management scheme.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
If the waste management scheme does not contain information about the places (sites) of accumulation of solid municipal waste, the regional operator sends information about the identified places (sites) of accumulation of solid municipal waste to the executive authority of the constituent entity of the Russian Federation that approved the waste management scheme, for inclusion it contains information about the places (sites) of accumulation of municipal solid waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
10. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places (sites) of accumulation of solid municipal waste, the storage of solid municipal waste is carried out by consumers in the following ways:
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
a) in containers located in waste collection chambers (if there is an appropriate in-house engineering system);
b) in containers, bunkers located on container sites;
c) in packages or other containers provided by the regional operator.
11. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places (sites) of accumulation of solid municipal waste, storage of bulky waste is carried out by consumers in the following ways:
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
a) in bunkers located on container sites;
b) on special sites for storage of bulky waste.
12. The removal of bulky waste is provided in accordance with the legislation of the Russian Federation by the regional operator, including at the request of consumers, or independently by consumers by delivering bulky waste to the site for their storage.
The locations of such sites are determined in accordance with the waste management schemes and are indicated in the contract for the provision of municipal solid waste management services.
13. The regional operator is responsible for the management of municipal solid waste from the moment such waste is loaded into the garbage truck.
(Paragraph as amended, entered into force on December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
13_1. The regional operator annually, no later than December 25 of the year preceding the year of the actual placement of containers and bins, sends to the local government authorized to maintain a register of places (sites) for the accumulation of municipal solid waste, information on the number of containers and bins planned for placement, indicating their volume and about the places (sites) of accumulation of municipal solid waste, where it is planned to place such containers and bunkers.
The local self-government body authorized to maintain a register of places (sites) for the accumulation of solid municipal waste includes the specified information in the register of places (sites) for the accumulation of solid municipal waste in accordance with the Rules for the Arrangement of Places (Sites) for the Accumulation of Solid Municipal Waste, approved by the Decree of the Government of the Russian Federation dated August 31, 2018 N 1039 "On approval of the Rules for the arrangement of places (sites) for the accumulation of municipal solid waste and maintaining their register."
(The paragraph was additionally included from December 27, 2018 by Decree of the Government of the Russian Federation of December 15, 2018 N 1572)
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Paragraph two of clause 13.1 of these Rules (as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572) shall enter into force on January 1, 2019. - Cm .
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14. The person responsible for the maintenance of container sites, special sites for the storage of bulky waste in accordance with the contract for the provision of services for the treatment of municipal solid waste, is obliged to ensure that such sites post information about the serviced consumer facilities and the owner of the sites.
It is forbidden to store in containers burning, incandescent or hot waste, bulky waste, snow and ice, lighting devices and electric lamps containing mercury, batteries and accumulators, medical waste, as well as other waste that can harm the life and health of persons carrying out loading (unloading) of containers, damage containers, garbage trucks or disrupt the operation of facilities for the processing, neutralization, disposal of municipal solid waste.
Hazardous substances classified as dangerous goods in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road are prohibited for transportation under these Rules. The regional operator is prohibited from transporting the specified hazardous substances (cargo) as part of or under the guise of municipal solid waste.
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
15. Consumers are prohibited from storing solid municipal waste in places (sites) of accumulation of solid municipal waste that are not specified in the contract for the provision of services for the treatment of municipal solid waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
Consumers are prohibited from storing municipal solid waste outside containers or in containers not intended for such types of waste, except as otherwise established by the legislation of the Russian Federation.
16. In the event that a regional operator finds a place for storage of municipal solid waste, the volume of which exceeds 1 cu. meter, on a land plot not intended for these purposes and not specified in the agreement (hereinafter referred to as the place of unauthorized disposal of municipal solid waste), the regional operator is obliged within 5 working days:
a) notify in any way that allows obtaining confirmation of the delivery of such a notification, the owner of the land plot, the local government body and the body exercising state environmental supervision, of the discovery of a place of unauthorized disposal of municipal solid waste;
b) notify the owner of the land plot in any way that allows obtaining confirmation of the delivery of such a notice about the need to eliminate the place of unauthorized placement of solid municipal waste within 30 days after receiving the notification and send him a draft contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste.
17. If the owner of the land plot, within 30 days from the date of receipt of the notification of the regional operator, did not ensure the liquidation of the place of unauthorized placement of solid municipal waste independently and did not conclude an agreement with the regional operator for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste, the regional operator within 30 days after the notification is sent to the owner of the land plot, the place of unauthorized disposal of municipal solid waste shall be liquidated. In this case, the regional operator has the right to apply to the court with a claim to recover the costs incurred.
18. The owner of the land plot is obliged to independently ensure the liquidation of the place of unauthorized placement of solid municipal waste or conclude a contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste with a regional operator.
19. In cases established by the legislation of the subject of the Russian Federation, consumers are obliged to separate municipal solid waste by type of waste and store sorted municipal solid waste in separate containers for the corresponding types of municipal solid waste.
The implementation of such separation of municipal solid waste does not entail the need for the consumer to obtain a license for the collection, transportation, processing, disposal, neutralization, disposal of waste of I-IV hazard classes.
20. Accumulation of electronic equipment waste is carried out in accordance with the procedure accumulation of municipal solid waste (including their separate accumulation) , approved by the state authority of the constituent entity of the Russian Federation.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
21. It is forbidden to organize places (sites) for the accumulation of waste from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, on container sites and special sites for storing bulky waste without the written consent of the regional operator.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094; as amended by Decree of the Government of the Russian Federation of December 15, 2018 N 1572.
22. Accumulation and collection of waste from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, can be carried out by organizing stationary and mobile waste collection points, including through automatic waste collection devices.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
23. In order to ensure the transportation of solid municipal waste, the regional operator has the right to engage operators for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste, on the basis of an agreement for the provision of services for the transportation of solid municipal waste at a price determined by the parties to such an agreement, with the exception of cases when prices for municipal solid waste transportation services for a regional operator are formed based on the results of tenders.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
24. Under a contract for the provision of services for the transportation of municipal solid waste, the operator for the treatment of municipal solid waste, carrying out activities for the transportation of municipal solid waste, undertakes to transport municipal solid waste, and the regional operator undertakes to pay for such services.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
25. The essential terms of the contract for the provision of services for the transportation of municipal solid waste are:
(Paragraph as amended, put into effect on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
a) the subject matter of the contract;
b) the planned volume and (or) mass of transported municipal solid waste, the composition of such waste;
c) the frequency and time of removal of municipal solid waste;
d) places of acceptance and transfer of municipal solid waste, the route in accordance with the waste management scheme;
e) the maximum allowable value of compaction of solid municipal waste;
f) a method of commercial accounting of the amount of solid municipal waste;
g) the terms and procedure for payment for services under the contract;
h) the rights and obligations of the parties under the contract;
i) the procedure for the regional operator to exercise control over the activities of the operator for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste;
Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
j) liability of the parties.
26. 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, transporting solid municipal waste, is not entitled to transfer solid municipal waste to persons not specified in the contract for the provision of services for the transportation of solid municipal waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
29. When transporting solid municipal waste, it is prohibited to compact it in excess of the maximum allowable compaction value established by the contract for the provision of services for the transportation of solid municipal waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
30. For each garbage truck, a route log must be kept in the form approved by the authorized executive body of the subject of the Russian Federation, which indicates information about the movement of the garbage truck and the loading (unloading) of municipal solid waste. Such a log may be kept in electronic form. The operator for the treatment of municipal solid waste, which transports solid municipal waste, is obliged, within one working day, to provide the regional operator, the executive authorities of the constituent entity of the Russian Federation, and local governments, upon their request, with a copy of the route log, and also to ensure that these persons have access to information, transmitted using satellite navigation equipment in the manner prescribed by the contract for the provision of services for the transportation of municipal solid waste.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
III. The procedure for the processing, disposal, neutralization and disposal of solid municipal waste
31. When choosing technologies for the treatment of municipal solid waste, technologies for automated sorting of municipal solid waste are given priority.
32. When choosing technologies for processing, recycling, neutralizing municipal solid waste, priority is given to technologies that provide the final product that is available for use in other technological processes as a feedstock or an additive to the main raw material.
33. When processing solid municipal waste, it is necessary to ensure the extraction of waste of hazard classes I and II in order to prevent their entry into solid municipal waste disposal sites.
34. In order to ensure the processing, neutralization, disposal of solid municipal waste, operators for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste in the area of activity of the regional operator, specified in the selection documentation during the competitive selection of the regional operator, enter into contracts with a regional operator for the provision of services for the processing, neutralization, disposal of municipal solid waste.
35. Under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste, undertakes to process, neutralize, and bury municipal solid waste, and the regional operator undertakes to transfer solid municipal waste to such an operator and pay for the services of processing, neutralization, and burial of solid municipal waste at regulated rates.
36. The essential terms of the contract for the provision of services for the processing, neutralization, disposal of municipal solid waste are:
a) the subject matter of the contract;
b) requirements for the composition of municipal solid waste transferred to the operator for the treatment of municipal solid waste, the method of storing municipal solid waste;
c) the planned mass of municipal solid waste sent to the facility used for processing, neutralization, burial;
d) place of acceptance (transfer) of municipal solid waste;
e) a method of commercial accounting of the amount of solid municipal waste;
f) the terms and procedure for payment for services under the contract;
g) the rights and obligations of the parties under the contract;
h) the procedure for the regional operator to exercise control over the activities of the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste;
i) liability of the parties.
37. The settlement period under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste is one calendar month.
38. The regional operator pays for the services of operators for the treatment of municipal solid waste that are actually rendered in the past month, carrying out activities for the processing, neutralization and disposal of solid municipal waste, unless otherwise provided by the contract for the provision of services for the processing, neutralization, burial of solid municipal waste, up to on the 15th day of the month following the month in which such services are rendered.
(Paragraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
39. In order to ensure the disposal of solid municipal waste, consumers have the right to conclude contracts for the provision of services for the disposal of solid municipal waste with a regional operator, individual entrepreneur and (or) a legal entity carrying out activities for the disposal of municipal solid waste, in accordance with the civil legislation of the Russian Federation.
IV. Grounds on which a legal entity may be deprived of the status of a regional operator
40. 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 model contract;
(Subparagraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
b) during the calendar year, the regional operator committed multiple (2 times or more) violations of these Rules and (or) the terms of the agreement, resulting in harm to the life and (or) health of citizens;
c) the debt of the regional operator to pay for the services of the operator for the treatment of solid municipal waste exceeds the twelfth part of the necessary gross revenue of the regional operator, determined by the executive authority of the constituent entity of the Russian Federation, which carries out state regulation of tariffs in the field of solid municipal waste management;
d) violation of the scheme of flows of solid municipal waste from the sources of their formation to the objects of processing, disposal, neutralization, disposal of waste, fixed by the scheme of waste management;
(Subparagraph as amended, entered into force on October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094.
e) violation of the terms of the agreement regarding the provision of an irrevocable bank guarantee as a security for the fulfillment of obligations under the agreement in accordance with the Rules for the Competitive Selection of Regional Operators for the Management of Municipal Solid Waste, approved by the Government of the Russian Federation of September 5, 2016 g. N 881 "On the competitive selection of regional operators for the treatment of solid municipal waste" by authorized executive authorities of the constituent entities of the Russian Federation.
(The subparagraph was additionally included from October 2, 2018 by Decree of the Government of the Russian Federation of September 15, 2018 N 1094)
41. A legal entity deprived of the status of a regional operator is obliged:
a) perform the duties of a regional operator until the day determined by the agreement concluded by the state authority of the constituent entity of the Russian Federation with the new regional operator based on the results of the competitive selection;
b) within 10 working days from the date of determining a new regional operator, transfer to him all the information and documents necessary for organizing activities for the management of municipal solid waste, including a register of agreements and copies of concluded agreements in the field of waste management.
Form of a standard contract for the provision of services for the treatment of municipal solid waste
APPROVED
Government Decree
Russian Federation
dated November 12, 2016 N 1156
from October 2, 2018
Government Decree
Russian Federation
dated September 15, 2018 N 1094;
as amended by
since December 27, 2018
Government Decree
Russian Federation
dated December 15, 2018 N 1572. -
See previous edition)
MODEL AGREEMENT FORM
for the provision of services for the treatment of municipal solid waste
STANDARD AGREEMENT
for the provision of services for the treatment of municipal solid waste
(place of conclusion of the contract) | ||||||||
(name of company) |
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hereinafter referred to as the regional operator, represented by | |||||
(position title, last name, first name, patronymic of an individual) |
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acting on the basis | |||||
on the one hand, and | |||||
(name of organization, surname, name, patronymic of an individual) | |||||
hereinafter referred to as the consumer, represented by | |||||
(Full Name, |
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passport details - in the case of the conclusion of the contract by an individual, the name of the position, surname, name, patronymic - in the case of the conclusion of the contract by a legal entity) | |||||
acting on the basis | |||||
(regulation, charter, power of attorney - specify the one you need) | |||||
on the other hand, hereinafter referred to as the parties, have concluded this agreement as follows: |
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I. Subject of the contract
1. Under the contract for the provision of services for the treatment of municipal solid waste, the regional operator undertakes to accept municipal solid waste in the amount and in the place specified in this agreement, and ensure their transportation, processing, neutralization, disposal in accordance with the legislation of the Russian Federation, and the consumer undertakes to pay for the services of the regional operator at a price determined within the limits of the uniform tariff approved in the established manner for the service of the regional operator.
2. The volume of solid municipal waste, places (sites) of accumulation of solid municipal waste, including bulky waste, and the frequency of removal of solid municipal waste, as well as information on the location of places (sites) of accumulation of solid municipal waste and access roads to them (with the exception of residential buildings) are determined in accordance with the annex to this agreement.
3. Method of storage of municipal solid waste - |
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(garbage chutes and waste collection chambers, into containers, bins located on container sites, into bags or other containers (specify which ones) provided by the regional operator - specify what you need) | |||||||||
including bulky waste - | |||||||||
(to bunkers located on container sites, on special sites for storing bulky waste - specify the one you need) | |||||||||
4. Date of commencement of the provision of services for the treatment of municipal solid waste |
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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 at a price determined within the limits of the uniform tariff approved in the established manner for the service of a regional operator: |
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(the amount of payment is indicated by the regional operator) |
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6. The consumer (with the exception of consumers in apartment buildings and residential buildings) pays for municipal solid waste management services by the 10th day of the month following the month in which the municipal solid waste management service was provided.
35 percent of the cost of services for the treatment of municipal solid waste in the month for which payment is made is paid before the 18th day of the current month, 50 percent of the cost of these services in the month for which payment is made, is paid before the end of the current month;
payment for services actually provided in the past month for the treatment of solid municipal waste, taking into account the funds previously paid by the consumer as payment for such services provided in the billing period, is carried out before the 10th day of the month following the month for which payment is made. In the event that the volume of actually rendered services for the treatment of municipal solid waste for the past month is less than the volume determined by this agreement, the overpaid amount is credited against the forthcoming payment for the next month.
A consumer in an apartment building or residential building pays for a utility service for the provision of services for the treatment of municipal solid waste in accordance with the housing legislation of the Russian Federation.
7. Reconciliation of settlements under this agreement is carried out between the regional operator and the consumer at least once a year at the initiative of one of the parties by drawing up and signing by the parties of the relevant act.
The party initiating the reconciliation of settlements draws up and sends to the other party a signed act of reconciliation of settlements in 2 copies by any available method (postal item, telegram, fax message, telephone message, information and telecommunication network "Internet"), allowing to confirm receipt of such notification by the addressee. The other party is obliged to sign the act of reconciliation of settlements within 3 working days from the date of its receipt or provide a reasoned refusal to sign it with the direction of its version of the act of reconciliation of settlements.
If a response is not received within 10 working days from the date of sending the party the act of reconciliation of settlements, the sent act is considered agreed and signed by both parties.
III. The burden of maintaining container sites, special sites for storing bulky waste
(Section no longer valid)
IV. Rights and obligations of the parties
11. The regional operator is obliged:
a) accept municipal solid waste in the amount and in the place specified in the appendix to this agreement;
b) ensure the transportation, processing, neutralization, disposal of accepted municipal solid waste in accordance with the legislation of the Russian Federation;
c) provide the consumer with information in accordance with the information disclosure standards in the field of municipal solid waste management in the manner prescribed by the legislation of the Russian Federation;
d) respond to complaints and appeals of consumers on issues related to the execution of this agreement, within the period established by the legislation of the Russian Federation for consideration of appeals from citizens;
e) accept necessary measures for the timely replacement of damaged containers belonging to him on the basis of ownership or on other legal grounds, in the manner and within the time limits established by the legislation of the subject of the Russian Federation.
12. The regional operator has the right:
a) exercise control over accounting for the volume and (or) mass of accepted municipal solid waste;
13. The consumer is obliged:
a) to carry out storage of solid municipal waste in places of accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the territorial waste management scheme;
b) provide accounting for the volume and (or) mass of municipal solid waste in accordance with the approved ones;
c) make payment under this agreement in the manner, amount and terms specified in this agreement;
d) ensure the storage of municipal solid waste in containers or other places in accordance with the annex to this agreement;
e) prevent damage to containers, incineration of municipal solid waste in containers, as well as at container sites, storage of prohibited waste and items in containers;
f) appoint a person responsible for interaction with the regional operator on the execution of this agreement;
g) notify the regional operator in any available way (postal item, telegram, fax message, telephone message, information and telecommunications network "Internet"), allowing to confirm its receipt by the addressee, of the transfer of rights to the consumer's objects specified in this agreement to the new owner.
14. The consumer has the right:
a) receive from the regional operator information on changes in the established tariffs in the field of solid municipal waste management;
b) initiate a reconciliation of settlements under this agreement.
V. The procedure for accounting for the volume and (or) mass of solid municipal waste
15. The parties agreed to account for the volume and (or) mass of solid municipal waste in accordance with the Rules for the commercial accounting of the volume and (or) mass of solid municipal waste, approved by Decree of the Government of the Russian Federation of June 3, 2016 N 505 "On approval of the Rules for the commercial accounting of the volume and (or) masses of municipal solid waste ", in the following way: |
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(calculated based on the standards for the accumulation of solid municipal waste, the number and volume of containers for storing solid municipal waste or based on the mass of solid municipal 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 this agreement, the consumer, with the participation of a representative of the regional operator, draws up an act on the violation by the regional operator of obligations under the agreement and hands it over to the representative of the regional operator. If the representative of the regional operator does not appear, the consumer draws up the specified act in the presence of at least 2 disinterested persons or using photo and (or) video recording and within 3 working days sends the act to the regional operator with the requirement to eliminate the identified violations within a reasonable period determined by the consumer.
The regional operator, within 3 working days from the date of receipt of the act, signs it and sends it to the consumer. In case of disagreement with the content of the act, the regional operator has the right to write an objection to the act with a reasoned indication of the reasons for its disagreement and send such an objection to the consumer within 3 working days from the date of receipt of the act.
If it is impossible to eliminate violations within the timeframe proposed by the consumer, the regional operator offers other deadlines for eliminating the identified violations.
17. If the regional operator has not sent the signed act or objections to the act within 3 working days from the date of receipt of the act, such an act is considered agreed and signed by the regional operator.
18. In case of receiving objections from the regional operator, the consumer is obliged to consider the objections and, if he agrees with the objections, make appropriate changes to the act.
19. The act must contain:
a) information about the applicant (name, location, address);
b) information about the object (objects) on which municipal solid waste is generated, in respect of which disagreements arose (full name, location, authority to the object (objects) possessed by the party that sent the act);
c) information about the violation of the relevant clauses of the contract;
d) other information at the discretion of the party, including photo and video materials.
20. The consumer sends a copy of the act on the violation by the regional operator of obligations under the contract to the authorized executive body of the constituent entity of the Russian Federation.
VII. Responsibility of the parties
21. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties shall be liable in accordance with the legislation of the Russian Federation.
22. In the event of non-fulfillment or improper fulfillment by the consumer of obligations to pay for this agreement, the regional operator has the right to require the consumer to pay a penalty in the amount of 1/130 of the key rate of the Central Bank of the Russian Federation, established on the day of presentation of the relevant request, from the amount of debt for each day of delay.
23. For violation of the rules for handling solid municipal waste in terms of storing solid municipal waste outside the places of accumulation of such waste defined by this agreement, the consumer bears administrative responsibility in accordance with the legislation of the Russian Federation.
VIII. force majeure circumstances
24. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this agreement, if it was the result of circumstances force majeure.
At the same time, the period for fulfilling obligations under this agreement is extended in proportion to the time during which such circumstances were in effect, as well as the consequences caused by these circumstances.
25. The party affected by force majeure circumstances is obliged to take all necessary actions to notify the other party by any available means without delay, no later than 24 hours from the onset of force majeure circumstances, of the occurrence of these circumstances. The notification must contain data on the time of occurrence and the nature of these circumstances.
The party must also without delay, no later than 24 hours from the moment the force majeure circumstances cease, notify the other party about this.
IX. Contract validity
26. This agreement is concluded for a period | ||
(date indicated) |
27. This agreement is considered extended for the same period and on the same terms, if one month before the expiration of its validity period, neither party declares its termination or amendment, or the conclusion of a new agreement on different terms.
28. This agreement may be terminated before the end of its validity by agreement of the parties.
X. Miscellaneous terms
29. All changes that are made to this agreement are considered valid if they are made in writing, signed by authorized persons and certified by the seals of both parties (if any).
30. In the event of a change in the name, location or bank details, the party is obliged to notify the other party in writing within 5 working days from the date of such changes by any available means that allow confirming the receipt of such notification by the addressee.
31. When executing this agreement, the parties undertake to be guided by the legislation of the Russian Federation, including the provisions of the Federal Law "On Production and Consumption Wastes" and other regulatory legal acts of the Russian Federation in the field of municipal solid waste management.
32. This agreement is made in 2 copies, having equal legal force.
33. The annex to this agreement is its integral part.
Regional operator | Consumer |
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Application. Information on the subject of the contract
Application
to a standard contract for the provision
solids handling services
municipal waste
(As amended by
from October 2, 2018
Government Decree
Russian Federation
dated September 15, 2018 N 1094;
as amended by
since December 27, 2018
Government Decree
Russian Federation
dated December 15, 2018 N 1572. -
See previous edition)
Information on the subject of the contract
I. Volume and place (site) of accumulation of municipal solid waste
Object name | The volume of accepted municipal solid waste | Place | Place | Periodicity |
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II. Information in graphical form on the location of places (sites) for the accumulation of solid municipal waste and access roads to them (with the exception of residential buildings)
Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"
Decree of the Government of the Republic of South Ossetia
On approval of the Rules for the treatment of municipal solid waste
In accordance with Article 14 of the Constitutional Law of the Republic of South Ossetia "On the Government of the Republic of South Ossetia", the Government of the Republic of South Ossetia decides:
1. Approve the attached Rules for the treatment of municipal solid waste.
2. Establish that the Rules for the treatment of municipal solid waste, approved by this Decree, apply to relations arising from previously concluded agreements containing the conditions for the provision of public services for the treatment of municipal solid waste, in terms of the rights and obligations that arise after entry into force these Rules.
3. Establish that the Ministry of Construction, Architecture and Housing and Communal Services of the Republic of South Ossetia (Dzagoev E.N.) provides clarifications on the application of the Rules for the treatment of municipal solid waste, approved by this Decree.
Chairman of the Government of the Republic of South Ossetia D. KULUMBEGOV
Application
to the Government Decree
Republic of South Ossetia
Rules for handling municipal solid waste
1. General Provisions
1. These Rules establish requirements for the collection and transportation, processing, neutralization and burial of municipal solid waste, the procedure for concluding agreements in the field of municipal solid waste management and determine the essential terms of such agreements.
2. The following basic concepts are used in these Rules:
municipal solid waste - waste that is generated in residential premises in the process of consumption by individuals, and goods that have lost their consumer properties in the process of their use by individuals in residential premises to meet personal needs and household 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;
waste disposal - transportation of waste from places of accumulation and collection of municipal solid waste to facilities for processing, recycling, neutralization or disposal of waste;
container - a type of waste bin of established dimensions, shape and material, with established color and written designations, used for the accumulation of MSW, with the exception of bulky waste;
bunker - a type of garbage collector for the accumulation of bulky waste;
executor - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur providing services to the consumer for the treatment of solid municipal waste under a reimbursable contract;
bulky waste - a type of municipal solid waste (furniture, household appliances, waste from the current repair of residential premises, etc.), the size of which does not allow their accumulation in containers;
container site - the location of containers and bins for the collection and accumulation of municipal solid waste;
garbage truck - a motor vehicle used for transportation of municipal solid waste;
handling of solid municipal waste - activities for the collection, accumulation, transportation, processing, disposal, neutralization, placement of solid municipal waste;
consumer - a person who has concluded or is obliged to conclude an agreement for the provision of services for the treatment of municipal solid waste.
Other concepts used in this document are used in the meanings that are determined by the current regulatory legal acts of the Republic of South Ossetia.
3. These Regulations are intended to encourage the reduction of municipal solid waste generation, maximize the amount of waste disposal, reduce the risk of waste to the environment and human health, and reduce the mass of waste disposed of.
2. Main provisions of the contract for the provision of services for the treatment of municipal solid waste
4. Contractors conclude contracts for the provision of services for the treatment of municipal solid waste:
a) in apartment buildings and residential buildings with owners and users of residential premises;
c) in relation to solid municipal waste generated in other buildings, structures, structures, non-residential premises, on land plots with persons legally owning such buildings, structures, land plots, including tenants of buildings, structures, structures, non-residential premises, land.
5. The contract for the provision of services for the treatment of municipal solid waste is public for the Contractor. The contractor is not entitled to refuse to conclude an agreement for the provision of services for the treatment of municipal solid waste to the consumer if the places of collection and accumulation of such waste are located in the zone of its activity in the territory determined by local authority state power.
6. Owners and users of residential premises in multi-apartment and residential buildings, owners and legal owners of buildings, structures, structures, non-residential premises, land plots on which municipal solid waste is generated are required to conclude an agreement for the provision of services for the treatment of municipal solid waste in in accordance with paragraph 18 of these Rules with the Contractor, in whose area of activity there are places of collection and accumulation of such waste.
7. Under the contract for the provision of services for the treatment of municipal solid waste, the Contractor undertakes to accept solid municipal waste in the amount and in the place specified in this agreement, and organize their transportation, processing, neutralization, disposal in accordance with the legislation of the Republic of South Ossetia, and the consumer undertakes to comply with these Rules and pay for the services of the Contractor at the duly approved tariff for services in the field of municipal solid waste management.
8. The organization of the accumulation of such waste in the places specified in the contract for the provision of services for the treatment of municipal solid waste, and the maintenance of these places is carried out by the Contractor.
9. Upon transfer of rights to buildings, structures, structures, premises and land plots on which solid municipal waste is generated, the new owner (other legal owner and (or) user) is accordingly obliged to notify the Contractor within three days and conclude a contract for the provision of services for the treatment of municipal solid waste with the Contractor in the manner and terms established by these Rules for the conclusion of such agreements.
10. If one person owns several buildings, structures, structures, premises, land plots where municipal solid waste is generated, an agreement may be concluded for the provision of municipal solid waste management services, including all such facilities and land plots. if they are located in the Contractor's area of activity.
11. The contract for the provision of services for the treatment of municipal solid waste may be supplemented by agreement of the parties with other provisions that do not contradict the legislation of the Republic of South Ossetia.
12. Accounting for the volume and mass of solid municipal waste is carried out in accordance with these Rules.
13. Volume and (or) mass are subject to commercial accounting:
a) municipal solid waste in places of their accumulation:
sorted municipal solid waste;
unsorted municipal solid waste;
bulky waste;
b) solid municipal waste entering the facilities used for processing, neutralization and (or) disposal of solid municipal waste (hereinafter referred to as facilities), and transported from such facilities.
3. Commercial accounting of the volume and (or) mass of solid municipal waste
14. Commercial accounting of municipal solid waste is carried out by calculation based on:
standards for the accumulation of solid municipal waste, expressed in quantitative terms of volume;
the number and volume of containers for the accumulation of municipal solid waste installed in places of accumulation;
the volume of municipal solid waste entering the facilities used for processing, neutralization and (or) disposal of solid municipal waste (hereinafter referred to as facilities), and transported from such facilities, determined based on the established capacity of the vehicle body, taking into account the coefficient of maximum allowable waste compression ( if there is such a coefficient) in accordance with the technical documentation for the vehicle.
15. For the purpose of making settlements with consumers, commercial accounting of municipal solid waste is carried out in accordance with paragraph two of clause 14 of these Rules.
16. In case of separate accumulation and collection of sorted municipal solid waste, bulky waste for the purpose of making settlements under contracts in the field of municipal solid waste management, commercial accounting of municipal solid waste is carried out in accordance with paragraph three of clause 14 of these Rules.
17. In order to settle with the owners of facilities used for processing, neutralization and (or) burial of solid municipal waste (hereinafter referred to as objects), commercial accounting of solid municipal waste entering the facilities and transported from such facilities is carried out in accordance with paragraph four paragraph 14 of these Rules.
4. The procedure for concluding a contract for the provision of services for the treatment of municipal solid waste
18. An agreement for the provision of services for the treatment of municipal solid waste can be concluded with the Contractor in writing or by the consumer performing actions indicating his intention to consume utilities or the actual consumption of such services (hereinafter referred to as conclusive actions, i.e. actions , testifying to the tacit consent of the person performing the actions, his intention to conclude an agreement).
19. An agreement containing provisions on the provision of public services, concluded by the consumer performing implicit actions, is considered concluded on the terms provided for by these Rules.
20. An agreement containing provisions on the provision of public services, concluded in writing, must comply with the provisions of these Rules and may contain features of the execution of such an agreement in the cases and within the limits provided for by these Rules. In the event of non-compliance of a written agreement containing provisions on the provision of public services with the provisions of these Rules, it is considered concluded on the terms provided for by these Rules.
21. The consumer may not be denied the provision of public services if the consumer does not have a written contract containing provisions on the provision of public services.
22. The basis for concluding an agreement for the provision of services for the treatment of municipal solid waste in writing is a written application of the consumer for the conclusion of such an agreement, signed by the consumer or a person authorized by him acting on behalf of the consumer on the basis of a power of attorney (hereinafter referred to as the consumer's application), or an offer on the conclusion of the contract from the Contractor.
The consumer's application shall include the following information:
a) details of the consumer (for legal entities - the full name and main state registration number of the entry in the Unified State Register of Legal Entities and the date of its entry into the register, location, individual taxpayer number, postal address, bank details, documents certifying the right of a person to sign an agreement ; for individual entrepreneurs - the main state registration number of the entry in the Unified State Register of Individual Entrepreneurs and the date of its entry into the register, registration address at the place of residence, postal address, individual taxpayer number, bank details; for individuals - last name, first name, patronymic, series , number and date of issue of a passport or other identity document in accordance with the legislation of the Republic of South Ossetia, address of registration at the place of residence, contact details of the consumer, including postal address);
b) the name and location of consumer facilities in respect of which an agreement will be concluded for the provision of services for the treatment of municipal solid waste;
c) information on the type of activity carried out by the consumer, information on the quantity and composition of generated municipal solid waste.
24. The following documents are attached to the consumer's application:
a) a copy of a document confirming the right of ownership or other legal basis for the emergence of ownership and (or) use rights to a building, structure, land plot of the consumer, for a dwelling in an apartment building or a residential building - documents confirming the ownership of the dwelling, the right of ownership, use of residential premises;
b) a power of attorney or other documents that, in accordance with the legislation of the Republic of South Ossetia, confirm the authority of the consumer's representative, acting on behalf of the consumer, to conclude an agreement for the provision of services for the treatment of municipal solid waste (for individuals - a copy of the passport, other identity document on the territory of the Republic of South Ossetia in accordance with the legislation of the Republic of South Ossetia).
25. The application of the consumer and the documents provided for in paragraph 24 of these Rules are considered by the Contractor within 15 days from the date of their receipt.
If the consumer's application does not contain the necessary information and (or) documents provided for in paragraphs 23 and 24 of these Rules, the Contractor, within 5 working days from the date of receipt of the consumer's application, sends him a written notice of the need to provide the missing information and (or) documents, after which he suspends consideration of the consumer's application until the missing information and documents are received. If the missing information and (or) documents are not submitted by the consumer within 15 days from the date the consumer receives a notification about the need to provide the missing documents, the Contractor has the right to stop considering the consumer's application and return it indicating the reasons for the return.
26. In case of receipt of applications from several consumers in relation to the same objects (including if some of the objects coincide), consideration of consumer applications may be suspended by the Contractor for no more than 20 days to request from the persons who signed the applications of consumers evidence that they have they have the authority to conclude an appropriate agreement for the provision of services for the treatment of municipal solid waste, namely, an extract from the Unified State Register of Rights to Real Estate and transactions with it in relation to the objects specified in the consumer's application. Before the expiration of this period, the Contractor is obliged to determine the consumer with whom an agreement will be concluded for the provision of services for the treatment of municipal solid waste.
27. If the consumer's application meets the requirements provided for in paragraphs 23 and 24 of these Rules, the Contractor, within 5 working days from the date of receipt of the consumer's application, sends him two copies of the draft agreement for the provision of services for the treatment of municipal solid waste.
28. The consumer, within 15 days from the date of receipt of the draft agreement for the provision of services for the treatment of municipal solid waste, is obliged to sign both copies of each draft agreement and send one copy of the signed agreement to the Contractor with the attachment to such an agreement of documents confirming the authority of the person acting on behalf of the consumer and signing the contract.
29. In the event that after 15 days from the date of receipt by the consumer from the Contractor of draft contracts for the provision of services for the treatment of municipal solid waste, the consumer has not submitted signed contracts or a proposal to change the submitted draft contracts in the part that does not contradict the legislation of the Republic of South Ossetia, such contracts are considered concluded on the terms contained in the contracts submitted by the Contractor.
30. The consumer, within 15 days from the date of receipt of the draft agreement for the provision of services for the treatment of municipal solid waste, has the right to send the Contractor, who sent such draft agreements, a proposal to change the submitted draft agreements in the part that does not contradict the legislation of the Republic of South Ossetia, in any way that allows confirm receipt of the consumer's offer by the Contractor.
31. If the consumer submits within 15 days after receiving from the Contractor an agreement for the provision of services for the treatment of municipal solid waste of a reasoned refusal to sign the draft agreement in the proposed version with the proposal to amend the draft agreement attached, the Contractor is obliged to consider these documents within 10 days , take measures to resolve disagreements and send the consumer for signing new project contracts.
32. If the Contractor does not send a new draft contract to the consumer within 10 working days, the consumer has the right to apply to the court with a requirement for the Contractor to conclude an agreement for the provision of services for the treatment of municipal solid waste on the terms proposed by him.
33. If the Contractor sends the consumer within 10 days a new draft agreement that fully complies with these Rules, the consumer is not entitled to refuse to conclude such an agreement by proposing to consider other terms of the agreement, and is obliged to sign the agreement within 10 days from the date of its receipt.
34. Until the date of conclusion of the contract for the provision of services for the treatment of municipal solid waste public service for the treatment of municipal solid waste is in accordance with these Rules.
35. An agreement for the provision of services for the treatment of municipal solid waste is concluded for the period specified in the agreement.
If a month before the expiration of the contract, none of the parties declares its termination, amendment or conclusion of the contract on other terms that meet the requirements of the legislation of the Republic of South Ossetia, the validity of the contract for the provision of services for the treatment of solid municipal waste is extended for the same period and under the same conditions.
5. The procedure for settlements under the contract for the provision of services for the treatment of municipal solid waste
36. The settlement period for payment of utility services for the treatment of municipal solid waste is set equal to a calendar month.
37. Payment under the contract for the provision of services for the treatment of municipal solid waste, concluded in accordance with paragraph 18 of these Rules, is carried out in accordance with the tariff for services in the field of municipal solid waste management, established by the Contractor in the manner determined by regulatory legal acts on state regulation of prices (tariffs).
38. In the case of setting tariffs differentiated by categories (groups) of consumers, the amount of payment for the provision of services for the treatment of municipal solid waste is calculated using the tariffs established for the corresponding category (group) of consumers.
39. Payment for the provision of services for the treatment of municipal solid waste is paid monthly, before the 10th day of the month following the expired billing period for which payment is made.
The fee for the provision of services for the treatment of municipal solid waste is paid to the Contractor or a paying agent acting on his behalf or a banking paying agent.
40. Payment for the provision of services for the treatment of municipal solid waste is paid on the basis of payment documents submitted to consumers by the Contractor or by a paying agent acting on his behalf or a banking paying agent, no later than the 5th day of the month following the expired billing period for which payment.
41. Information on changes in tariffs and standards for the consumption of utility services for the treatment of municipal solid waste is communicated by the Contractor to the consumer in writing no later than 30 days before the date of issuance of payment documents.
6. Collection of municipal solid waste
42. The collection of solid municipal waste is carried out by receiving waste in multi-apartment buildings into garbage chutes and waste collection chambers (if there is an appropriate in-house engineering system), receiving waste into containers and bins located on container sites, or receiving solid municipal waste in bags or other intended for them. collection containers.
43. When collecting municipal solid waste in bags or other containers intended for their collection, the Contractor determines the places for collection and accumulation of solid municipal waste, the collection time, and also has the right to establish requirements for containers used for the accumulation of municipal solid waste.
7. Containers for municipal solid waste
44. Containers for municipal solid waste are provided to consumers by the Contractor. Containers for municipal solid waste, by agreement of the parties, can be provided by the person managing the apartment building, public authorities, and other persons.
45. Required amount containers at the container site and their capacity are determined based on the number of residents living in multi-apartment and residential buildings for the accumulation of municipal solid waste for which these containers are intended, the established standards for the accumulation of municipal solid waste, taking into account sanitary and epidemiological requirements.
46. The number and volume of containers required for the accumulation of municipal solid waste of legal entities and individual entrepreneurs are determined based on the established norms for the accumulation of municipal solid waste and in accordance with the terms of the agreement on the provision of services for the treatment of municipal solid waste.
47. Containers should be made of plastic or metal. Containers must be marked with the contacts of the organization that collects and transports municipal solid waste.
48. The container may only be filled to the extent that its lid can be closed (no higher than the upper edge of the container). It is forbidden to compact or compact the waste in the container in such a way that it becomes impossible to pour out its contents when loaded into a garbage truck.
49. It is forbidden to place burning, incandescent or hot waste, bulky waste, snow and ice, liquid substances, biological and chemically active waste, lighting devices and electric lamps containing mercury, batteries and accumulators, medical waste, and also all waste that can harm the life and health of production personnel, damage or unusually pollute containers, garbage trucks or disrupt the operation of facilities for the processing, neutralization and disposal of waste.
50. It is forbidden to place municipal solid waste outside containers, except as provided for by these Rules. It is forbidden to fill containers for solid municipal waste intended for collecting waste of other persons, and not specified in the contract for the provision of services for the treatment of municipal solid waste.
51. In cases stipulated by the contract for the provision of services for the treatment of municipal solid waste, with the exception of waste generated in apartment buildings, waste can be collected without the use of containers, using bags specially designed for this. In this case, the mass of waste placed in bags should not exceed the value established by the Contractor.
52. The frequency of removal of municipal solid waste is determined in accordance with the legislation of the Republic of South Ossetia in the field of sanitary and epidemiological well-being of a person and an agreement on the provision of services for the treatment of municipal solid waste.
53. The time for the removal of solid municipal waste is determined by the Contractor, who is obliged to inform the consumer about the schedule for the removal of solid municipal waste, while the removal of solid municipal waste at night is allowed, subject to the equivalent and maximum sound levels in the premises of residential buildings and on the territory of residential development, in in accordance with the legislation of the Republic of South Ossetia in the field of sanitary and epidemiological welfare of a person.
54. It is not allowed to remove waste from containers without the consent of the Contractor.
8. Separate collection of municipal solid waste
55. Separate collection of solid municipal waste provides for the separation of solid municipal waste by consumers according to the established types of waste and the storage of sorted solid municipal waste in containers for the corresponding types of waste.
56. Separate collection of municipal solid waste is organized by the Contractor in the manner agreed with the local government authority.
57. In the case of separate collection of municipal solid waste, useful components are allocated that are subject to disposal, the list of which is determined by the authorized executive body of the Republic of South Ossetia. Such a list may include unsorted municipal solid waste, municipal solid waste for disposal and other types of municipal solid waste.
58. Wastes to be disposed of (with the exception of organic (food) waste) are placed in one container or in separate containers with the appropriate color indication.
59. When carrying out separate collection of waste, containers with color indication and types of waste can be used:
"unsorted waste";
"waste for disposal";
"paper";
"plastic";
"glass";
"food waste";
"mercury lamps", "batteries".
60. Waste management - lighting devices, electric lamps containing mercury, batteries and accumulators (except for automobiles) that have lost their consumer properties, is carried out in accordance with the regulatory legal acts in force on the territory of the Republic of South Ossetia that regulate the rules for handling production and consumption waste in terms of lighting devices, electric lamps, improper collection, accumulation, use, disposal, transportation or placement of which may cause harm to life, health of citizens, harm to animals, plants, and the environment.
61. If the container with municipal solid waste to be disposed of contains unsorted municipal solid waste, the Contractor has the right to refuse to export municipal solid waste or to export such waste together with unsorted municipal solid waste.
9. Collection of bulky waste
62. Collection and accumulation of bulky waste is carried out:
a) in bunkers located on container sites;
b) on special sites for the collection and accumulation of bulky waste;
c) by exporting bulky waste at the request of the consumer.
63. Removal of bulky waste is carried out at the request of consumers sent to the Contractor in the prescribed manner. The time for the removal of bulky waste is determined by the Contractor, but cannot exceed 5 working days from the date of receipt of the application.
64. Bulky waste must be located on the day of removal in the place specified in the contract for the provision of services for the treatment of municipal solid waste.
65. Bulky waste must be in a state that does not pose a threat to the life and health of the Contractor's personnel, in particular, pieces of furniture must be disassembled and must not have protruding nails or bolts, and must not pose a threat to the integrity and technical serviceability of garbage trucks . Bulky waste provided for removal should not be filled with other waste.
66. The Contractor primarily sends furniture and other items that can be used for recycling.
67. Bulky waste can be independently delivered by the consumer directly to the site for collecting bulky waste.
The operation of such sites and the removal of bulky waste received on them is provided by the Contractor.
10. Collection of street garbage
68. Collection of street waste is carried out using street bins located in places determined by local government authorities.
69. Collection of street garbage in the local area can be carried out using containers designed for the collection of municipal solid waste.
11. Collection of consumer goods and packaging for recycling
70. Waste from the use of consumer goods and packaging that have lost their consumer properties and are subject to disposal may be transferred by the Contractor for disposal to manufacturers and importers of such goods and other persons authorized by such organizations.
71. Manufacturers and importers of consumer goods may use fixed and mobile waste collection points, including waste collection machines. Manufacturers and importers of consumer goods have the right to use separate containers for the collection of consumer goods and packaging to be disposed of, located at container sites only in agreement with the Contractor.
72. Removal of waste from containers in order to transfer them for disposal to manufacturers and importers of consumer goods is prohibited.
12. Container platforms and transport routes
73. The location of container sites is determined by the Contractor in agreement with local government authorities.
74. The container platform should be located at ground level, on a hard, durable, easy to clean surface that can withstand the installation and rolling out of containers without damage, and in such a way that surface water does not accumulate on it.
75. The container site must be constantly cleared of snow and ice, waste placed outside the containers, and regularly subjected to cleaning (sanitary treatment).
If there is an appropriate decision of local government authorities, container sites must be equipped with a roof that prevents atmospheric precipitation from entering the containers.
76. Access roads to the container site must have an allowable height of 4 meters and a width of 3.5 meters and be suitable for free passage and maneuvering of vehicles, including excluding reversing in residential areas and in adjacent territories with a maximum allowable weight of 30 tons .
Access roads should be adequately lit and kept in a condition suitable for traffic at all times.
77. Access roads during the removal of waste must be kept free. If the access roads to the container site are blocked, the removal of municipal solid waste is not carried out.
Confirmation of the impossibility of collecting and transporting waste is photo and video recording of the violation.
13. Consequences of unauthorized waste disposal
78. Placement and accumulation of solid municipal waste outside the places of collection and accumulation of solid municipal waste of the corresponding type is prohibited.
The person who placed municipal solid waste in violation of these Rules (if it is impossible to identify such a person, the owner of the land plot on which the waste is placed) is liable in accordance with the legislation of the Republic of South Ossetia and the agreement for the provision of services for the treatment of municipal solid waste .
79. In case of detection of newly emerged places of unauthorized disposal of waste, the volume of which exceeds 1 cu. m, the Contractor is obliged:
a) within 5 working days, notify the local state authority and the body exercising state environmental supervision of the discovery of a place of unauthorized waste disposal;
b) within 30 working days, ensure the collection and transportation of municipal solid waste found in newly emerged places of unauthorized waste disposal to the places of their processing, disposal, neutralization and disposal.
14. Transportation of municipal solid waste
80. The Contractor must own garbage trucks that meet the requirements established by these Rules, the legislation of the Republic of South Ossetia.
81. The number and capacity of garbage trucks should be sufficient for the timely removal of waste.
82. The contractor is obliged to keep the garbage trucks in good condition and periodically sanitize them.
83. All garbage trucks must be painted in a recognizable color. The personnel operating the garbage trucks must wear recognizable uniforms that provide the necessary protection for workers when handling waste.
84. Garbage trucks carrying municipal solid waste should only move along routes previously agreed with the local government.
85. For each garbage truck, a route log must be kept in the form approved by the authorized executive body of the Republic of South Ossetia, 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 Contractor is obliged, within 1 working day, to provide the executive authorities of the Republic of South Ossetia, upon their request, with a copy of the route log.
On November 12, the Government of the Russian Federation approved Decree N 1156, in which it determined new MSW handling rules, namely: the procedure for collecting, moving, processing, neutralizing, burying and processing municipal solid waste. As an annex to the resolution, a standard form of an agreement for the provision of services for the treatment of MSW is presented.
What has changed in the Rules, what are the requirements for regional operators for the treatment of MSW, and which ones - to consumers, we will tell today.
"Garbage" reform
November has become a key month for the "garbage" reform. Firstly, the difficulties in its implementation became obvious, which forced the Government of the Russian Federation to talk about extending the reform until 2019. The Ministry of Construction of the Russian Federation supported the postponement, pointing out that not all regions are ready for changes.
Secondly, Decree of the Government of the Russian Federation of 03.11.2016 N 1133 approved the Rules for conducting auctions, after which prices are formed for MSW management services for the regional operator. The auction is expected to support competition in the MSW market after the arrival of a regional operator.
And here is a new resolution of November 12, approving the Rules for the treatment of MSW. The document details:
- requirements for MSW storage for consumers;
- obligations of the regional operator for the treatment of MSW;
- the procedure for the operator to handle MSW if more than 1 cubic meter of garbage is found in the wrong place;
- obligations of land owners to eliminate places of unauthorized garbage collection;
- rules for the collection of electrical waste;
- rules for drawing up a contract for the provision of services for the treatment of MSW;
- standards for garbage trucks;
- rules for the processing, processing, disposal and disposal of MSW and requirements for the relevant contract;
- reasons for revoking the status of a regional operator for the treatment of MSW;
- obligations of a legal entity that has lost the status of a regional operator.
Features of MSW collection
MSW management, including processing, collection, transportation, etc., is a duty. It arises after the signing of the contract with consumers. Consumers (owners of MSW), in turn, cannot refuse to conclude an agreement for the provision of services for the treatment of MSW.
MSW collection sites should not remain a mystery to consumers, so the regional operator notifies each of them about where the waste storage sites are located. The owners of the land plots on which they are located are responsible for the maintenance of garbage containers and sites, or, if such facilities are part of the DI in the MKD, the owners of the premises in the MKD. The responsibility of the regional operator arises from the moment the MSW is loaded into the garbage truck.
Features of garbage collection are established by regional legislation. So, if separate garbage collection is assigned, consumers will not be able to protest such a decision.
Requirements for MSW storage for consumers
Consumers are obliged to collect garbage in places determined by the waste management scheme. In the contract for the provision MSW management services concluded with the regional operator, the method of waste storage must be indicated. According to it, consumers collect waste in:
- containers of garbage collection chambers, if it is provided by the internal engineering system,
- containers on container sites;
- containers provided by the regional operator.
Bulky waste - furniture, appliances, etc. - is collected in bins or on special sites designed for this purpose. At the same time, such garbage is removed either independently by consumers, or by regional operators upon request.
Since still not everyone observes elementary MSW handling rules, legislators decided to document them. Do not collect hot waste, snow and ice, mercury-containing lamps, batteries and accumulators, waste that can harm life and health, damage waste collection equipment in containers.
Consumers are prohibited from illegal dumping and collection of MSW outside containers. It is important to remember about responsibility: if a regional operator detects an unauthorized waste collection site with a volume of 1 cubic meter, he has the right to notify the state environmental control body of the violation.
Within 30 days, the owner of the land plot must eliminate the landfill. If they do not take any action, the landfill is removed by the regional operator, after which he goes to court for damages.
Requirements for garbage trucks
RF PP N 1156 approved garbage truck requirement- from January 1, 2018, all cars must be equipped with a satellite navigation system.
The owners of such machines are operators for the treatment of solid waste, so they should take care of installing a satellite navigation system.
When transporting MSW, it is impossible to compact the waste and overload the machine. For each garbage truck, a route log is created, which contains data on the movement of the vehicle, loading and unloading garbage. Electronic journaling is allowed.
A copy of the route log can be provided upon request:
- regional operator,
- executive authorities of the constituent entity of the Russian Federation,
- local authorities.
Why you can lose the status of a regional operator
According to chapter 4 of the regulation, a legal entity loses the status of a regional operator if:
- during the year, two or more times violates the Rules, terms of the contract or agreement on volume of MSW;
- due to two or more violations of the Rules, harm was caused to human life or health;
- accumulated arrears in payment for the services of the operator for the treatment of MSW, exceeding 1/12 of the required gross revenue of the regional operator;
- the scheme of MSW flows is violated.
What can a legal entity that has lost its status regional operator for the treatment of MSW to do in such a situation?
First of all, it is necessary to fulfill the duties of a regional operator until the day when a new regional operator takes over. After, within 10 working days, all information should be transferred and Required documents- and these include a register of contracts and copies of concluded contracts - to a new regional operator for the treatment of MSW.
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 GLONASS or GLONASS/GPS satellite navigation equipment" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, No. 35, Art. 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. An operator for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste, must own garbage trucks that meet the general technical and safety requirements established by the legislation of the Russian Federation on technical regulation.
27. Transportation of municipal solid waste using garbage trucks 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 solid municipal waste, it is prohibited to compact it in excess of the maximum allowable compaction value established by the contract for the provision of services for the collection and transportation of solid municipal waste.
30. For each garbage truck, a route log must be kept in the form approved by the authorized executive body of the subject of the Russian Federation, which indicates information about the movement of the garbage truck and the loading (unloading) of municipal solid waste. Such a log may be kept in electronic form. The operator for the treatment of municipal solid waste, which transports solid municipal waste, is obliged, within one working day, to provide the regional operator, the executive authorities of the constituent entity of the Russian Federation, and local governments, upon their request, with a copy of the route log, and also to ensure that these persons have access to information, transmitted using satellite navigation equipment in the manner prescribed by the contract for the provision of services for the 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 an additive to the main raw material.
33. When processing solid municipal waste, it is necessary to ensure the extraction of waste of hazard classes I and II in order to prevent their entry into solid municipal waste disposal sites.
34. In order to ensure the processing, neutralization, 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 of the 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 agreement.
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 communal
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) take the necessary measures for the 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. force majeure circumstances
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. The essential conditions of such an agreement and the procedure for its conclusion are determined.
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.
TKO is an abbreviation that has appeared relatively recently. Previously, the name "MSW" appeared in all documents. In addition to changing the name of the waste group, some amendments were made to the law regarding the rules for handling MSW and the procedure for calculating standards. Therefore, the topic of the article is relevant for most of our population.
The concept of “municipal solid waste” (MSW) was established and defined in Federal Law of December 29, 2014 No. 458-FZ(as amended on November 28, 2015). Aspects of this law govern certain requirements for waste management.
According to the law, MSW is waste that is constantly generated in residential buildings as a result of the use of any goods by residents. MSW also includes items that have become unusable in the process of their consumption by residents of houses for personal and domestic purposes. In addition to the waste that accumulates during the life of individuals, the group of MSW includes waste generated in the work of organizations and individuals registered as individual entrepreneurs, which, in terms of its component content, is close to waste from residential premises.
Composition of MSW
The law spells out the rights and obligations of authorities at different levels in the field of MSW management. It also contains the rules for obtaining a license by organizations that wish to collect, transport, process, and dispose of municipal waste.
In each subject of the Russian Federation, according to the law, special organizations, performing all actions with MSW - regional operators. When choosing regional operators that are legal entities, a competition is held, as a result of which the winning organization receives permission to implement activities for the treatment of MSW in the regions of the entire subject of the Russian Federation for a period of at least 10 years.
Producers and importers of products are required by law to dispose of the waste generated after consumption of these products. If this obligation is not fulfilled, then importers and manufacturers pay a certain amount of environmental tax.
This law came into force on January 1, 2015, except for some of its aspects, for which other effective dates have been determined (or changed).
Hazard Class
The entire list of types of waste that make up MSW can be found in the FKKO. According to this classification catalog, it is also possible to determine the hazard class of a particular type of municipal waste. Usually, more different groups of MSW are classified as IV or V class of waste hazard.
Handling rules
All the rules for handling MSW are detailed in the document “On MSW Handling” dated November 12, 2016 No. 1156 established by the Government of the Russian Federation. Let's get acquainted with some aspects of the Rules.
The document states that all manipulations with MSW must be carried out in conditions of safety for people and the natural environment.
The organization appointed by the regional operator draws up an agreement with consumers, according to which this organization becomes responsible for all stages of municipal waste management. The operator's activities are determined by the program of the region in the field of MSW management and are carried out in accordance with the relevant territorial scheme.
Actions related to the collection, transportation, processing, disposal, disposal and storage of MSW are carried out directly by the regional operator or with the help of other organizations dealing with waste.
MSW storage sites for consumers are determined in the contract concluded with the regional operator. Waste collection can be carried out:
- in houses in waste collection chambers equipped with special containers;
- in containers of different volumes located on specially designated areas on the street;
- in disposable (packages) or other containers provided by the operator himself.
Bulky waste should be stored:
- in bunkers on sites;
- in a specially designated area for large-scale waste.
According to the Rules, the priority technology for MSW processing is the one that allows automated waste sorting. Also, preference for waste disposal is given to technologies that provide the final production of secondary raw materials for various industries.
An important point in the processing of MSW is the exclusion from the total mass of hazardous waste (classes I and II) so that they do not end up in landfills.
The Rules spell out all the possible reasons, according to which the activities of regional operators may be terminated.
Savings standards
MSW accumulation standards are specified in the Decree of the Government of Russia dated April 4, 2016 No. 269.
Note! When determining the standard values, the garbage generated during the cleaning of adjacent territories is also taken into account.
For any differentiated category of objects, the standards are determined separately. To establish standard values, waste is measured in accordance with established rules.
In order to calculate the standards, special formulas are used that determine the following indicators:
- The average per day standard for the season, which can be expressed in different units of measurement depending on the use of mass or volume values.
- Average in different seasons(periods of the year) daily standard, which can also be expressed in units of mass or volume per 1 calculation unit / day.
- Average monthly and annual standards.
Density
The density of MSW (formerly MSW) is determined in the process of calculating waste accumulation standards. This is an important indicator, for the establishment of which it is necessary to know the volume and mass of garbage. For this purpose, the accumulated waste is leveled and their parameters are measured using a special ruler. After that, MSW is weighed and the mass of the container is subtracted from the obtained value of the total mass. Using the numbers obtained, the subsequent calculation of the average waste density is carried out, in which it is necessary to determine the daily rate of accumulation (depending on the number of residents), the average monthly and average annual standards, and the annual rate of MSW. Only by calculating the standards, you can determine the value of the average density.
Additional Information! The above calculations must be carried out by specialists in compliance with the norms and formulas specified in our legislation. In addition, certain equipment is required to carry out such work.
MSW recycling
Every year, over 70 million tons of MSW are generated in our country. Almost all waste can be recycled. However, in Russia, most municipal waste is simply stored in landfills, the area of which is constantly increasing. This method of waste disposal is irrational both economically and environmentally. Therefore the question proper processing MSW requires close attention of the authorities and environmental services.
Consider the main methods of disposal of municipal waste that exist today.
Burial. The cheapest way. However, it has many disadvantages. When waste is decomposed at landfills, toxic substances are released into the environment that pollute water, atmosphere and soil. At the same time, vast territories are required, which, after the elimination of the landfill, will be unusable for a long time. When implementing this method, it is necessary to comply with the rules for the location of polygons: they must be created outside the boundaries settlements, recreation and water protection areas, medical institutions.
Burning. A common method today. The product of the process is ash, the volume of which is much less than the volume of MSW before incineration. The ash is usually taken to landfills. This method also has certain disadvantages associated with a negative impact on the environment. Therefore, they are trying to improve it through the use of afterburning furnaces with a gas purification system and an electric power generator.
An environmentally more rational method is pyrolysis - the decomposition of waste in the absence of air at high temperatures.
Composting. A method for the decomposition of the organic component of the garbage. Its essence is to create compost heaps in which waste is laid. In such heaps, decomposition of organic components occurs due to the activity of microorganisms. The disadvantage of this method is that an unpleasant odor appears during the biodegradation of waste. Also, the method requires preliminary sorting of garbage.
MSW processing. Most of the waste can be recycled to produce new materials and products. The method saves Natural resources, protect the environment and obtain a cheap raw material base.
Different components of MSW are recycled in different ways.
Metal materials are sorted, pressed and packaged, after which the processed waste is sent to metallurgical enterprises for the purpose of remelting.
Plastic components serve as raw materials for the production of new products: polyester sheets and fibers, etc.
From glass residues, technical glass is obtained, which is used in construction work. In the process of processing, sorting, cleaning, drying, crushing and heating of raw materials are carried out for the purpose of further remelting.
Paper waste (together with fresh raw materials) is used to produce new paper. The collected waste paper is sorted, cleaned, in some cases decolorized and then sent to pulp and paper mills.
From wood waste produce a variety of building materials (for example, fiberboard, chipboard), fuel briquettes, pellets, etc.
Discarded electrical appliances are often a source of non-ferrous metals and polymers suitable for further use as raw materials.
Oil-containing wastes (asphalt, bitumen) are also processed.
Thus, the processing of each type of MSW is carried out according to different technologies, therefore, the most important stage of this method of disposal is waste sorting.
TV correspondents talk about one of the modern landfills for MSW, located in the Vologda region, about the principles of its operation and the problems of unauthorized dumps
Innovations regarding the rules for working with MSW are not yet clear to every inhabitant of our country. The change in the name itself (MSW to MSW) and the updated process for making payments for the provision of waste management services caused a lot of controversy. Unfortunately, only outdated methods of disposal of solid municipal (domestic) waste remain unchanged.
