Rules for handling municipal solid waste. Changing concepts: MSW and MSW, what is the difference Management of municipal solid waste

XV(1). Providing public service on appeal

with municipal solid waste

148(1). The provision of communal services for the treatment of solid municipal waste to the consumer is carried out on the basis of a paid agreement containing provisions on the provision of communal services for the treatment of solid municipal waste, from among the contracts specified in paragraphs 148 (4) - of these Rules.

An agreement containing provisions on the provision of public services for the treatment of municipal solid waste may be concluded with the contractor in writing or by performing implicit actions.

The owner of a non-residential premises in an apartment building, in order to ensure the management of municipal solid waste, concludes an agreement for the provision of services for the treatment of municipal solid waste directly with the regional operator for the treatment of municipal solid waste. The specified contract is concluded in the manner and in accordance with the requirements established by civil law Russian Federation and the legislation of the Russian Federation in the field of production and consumption waste management.

The owner of a non-residential premises in an apartment building is obliged to provide the managing organization, partnership or cooperative of the apartment building in which the owner's non-residential premises are located, with data on the volumes of utility services for the management of solid municipal waste consumed during the billing period under the specified agreement, within 3 working days from day of receipt of their request.

The managing organization, partnership, cooperative provide the regional operator for the treatment of municipal solid waste, which provides the municipal service for the treatment of municipal solid waste, with information about the owners of non-residential premises in an apartment building, and also send notifications to the owners of non-residential premises in an apartment building about the need to conclude contracts for provision of services for the treatment of municipal solid waste directly with the regional operator for the treatment of municipal solid waste.

148(2). An agreement containing provisions on the provision of public services for the treatment of municipal solid waste, concluded by the consumer performing implicit actions, is considered concluded on the terms provided for by these Rules.

An agreement containing provisions on the provision of public services for the treatment of municipal solid waste in a residential building in an apartment building or residential building (household), concluded in writing, must comply with these Rules. In case of non-compliance of the specified agreement with these Rules, it is considered concluded on the terms provided for by these Rules.

A consumer in a residential building cannot be denied the provision of a utility service for the treatment of municipal solid waste if the consumer does not have a written contract containing provisions on the provision of such a utility service.

148(3). A person from among the persons specified in paragraphs 148(4) and these Rules may act as a utility service provider for the treatment of municipal solid waste. At the same time, the period of time during which the specified person is obliged to provide a utility service to consumers and has the right to require consumers to pay for the provided utility service is to be determined in accordance with paragraphs 148 (8) - of these Rules.

148(4). The conditions for the provision of public services for the management of solid municipal waste to owners and users of premises in an apartment building, depending on the chosen method of managing an apartment building, are determined by:

A) in an apartment building management agreement concluded by the owners of premises in an apartment building or by the management body of a partnership, cooperative with a management organization chosen in accordance with the procedure established by the housing legislation of the Russian Federation to manage an apartment building. At the same time, the managing organization is not entitled to refuse to include in the said agreement the conditions for the provision of a utility service for the management of municipal solid waste, the provision of which is possible taking into account the degree of improvement of the apartment building, and is also not entitled to refuse to provide such a utility service;

b) in an agreement on the provision of public services for the treatment of municipal solid waste, concluded by a partnership or cooperative with the owners of residential premises in an apartment building in which a partnership or cooperative is established. At the same time, the partnership or cooperative is not entitled to refuse the owner of the premises in the apartment building, who is or is not a member of it, to conclude an agreement on the provision of public services for the management of solid municipal waste, the provision of which is possible taking into account the degree of improvement of the apartment building, and is also not entitled to refuse in the provision of such public service;

c) in contracts for the provision of services for the treatment of municipal solid waste, concluded by the owners of residential premises in an apartment building with the relevant regional operator for the treatment of municipal solid waste.

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

A) in contracts for the provision of services for the treatment of municipal solid waste, concluded by the owners of residential premises in an apartment building with the relevant regional operator for the treatment of municipal solid waste;

B) in an agreement on the provision of public services for the treatment of municipal solid waste, concluded by the owner of a residential building (household) with an organization (including a horticultural or horticultural non-profit partnership), which, on its own behalf and in the interests of the owner, concludes an agreement for the provision of services for the treatment with municipal solid waste with the relevant regional operator for the treatment of municipal solid waste.

(see text in previous edition)

148(6). The conditions for the provision of public services to the tenant, the borrower under the contract for the gratuitous use of the premises, the tenant of the residential premises are determined in accordance with paragraph 11 of these Rules.

At the same time, the owner of the dwelling, acting as a landlord, lender or landlord of the dwelling, in order to ensure the provision to tenants, borrowers, tenants of a utility service for the management of solid municipal waste, the provision of which is possible taking into account the degree of improvement of the dwelling, concludes an agreement with the contractor containing the provisions on the provision of such a utility service, from among the contracts specified in paragraphs 148(4) and these Rules.

148(7). The provision of communal services for the treatment of solid municipal waste is provided by the managing organization, partnership or cooperative, or the organization specified in subparagraph "b" of paragraph 148 (5) of these Rules, by concluding an agreement with the regional operator for the treatment of solid municipal waste for the provision of services for the treatment with municipal solid waste in order to ensure the provision of public services for the treatment of municipal solid waste to consumers.

148(8). The managing organization selected in accordance with the procedure established by the housing legislation of the Russian Federation to manage an apartment building begins to provide public services for the management of municipal solid waste to consumers in an apartment building from the date specified in the decision of the general meeting of owners of premises in an apartment building on the choice of a managing organization, or from the date of conclusion of an agreement for the management of an apartment building, including with a management organization selected by the local government on the basis of an open tender, but not earlier than the date of commencement of the export of solid municipal waste under an agreement for the provision of services for the treatment of solid municipal waste, concluded by the management organization with regional operator for the treatment of municipal solid waste. The managing organization terminates the provision of communal services for the treatment of solid municipal waste from the date of termination of the contract for managing an apartment building on the grounds established by the housing or civil legislation of the Russian Federation, or from the date of termination of the contract for the provision of services for the treatment of solid municipal waste, concluded by the managing organization with the regional municipal solid waste management operator.

148(9). A partnership or cooperative, if the owners of the premises in an apartment building choose the management of a partnership or a cooperative as a way to manage an apartment building, begins to provide public services for the management of solid municipal waste to consumers in an apartment building from the date of its state registration, but not earlier than the date of commencement of the export of solid municipal waste under a contract for the provision of services for the treatment of municipal solid waste, concluded by a partnership or cooperative with a regional operator for the treatment of municipal solid waste. The partnership or cooperative terminates the provision of public services for the treatment of municipal solid waste from the date of its liquidation or from the date specified in paragraph 148(8) of these Rules for the start of the provision of public services by the managing organization with which the management body of the partnership or cooperative has concluded an agreement on the management of an apartment building, or from the date of termination of the agreement for the provision of services for the treatment of municipal solid waste, concluded by a partnership or cooperative with a regional operator for the treatment of municipal solid waste.

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

148(11). The regional operator for the treatment of municipal solid waste begins to provide a public service for the treatment of municipal solid waste:

a) owners and users of premises in an apartment building in which direct control is chosen as the method of management - from the date indicated in the decision of the general meeting of owners of premises on the choice of such a method of control, until the date when the provision of public services by the management organization or partnership or cooperative begins, referred to in paragraph 148(8) or these Rules;

b) owners and users of premises in an apartment building in which a management method has not been selected or a management method has been selected, but the events specified in paragraph 148 (8) or these Rules have not occurred - from the date of the emergence of ownership of the premises, from the date of provision of residential premises by a housing cooperative, from the date of conclusion of a lease agreement, from the date of conclusion of a lease agreement, unless another period is established by the legislation of the Russian Federation in the field of production and consumption waste management, or from the date of termination of the previously chosen method of managing an apartment building until the day the manager begins providing utility services an organization or partnership or cooperative referred to in paragraph 148(8) or these Rules;

c) owners and users of residential buildings (households) - from the date of the emergence of ownership of a residential building (household) or other legal right to use residential building, unless another period is established by the legislation of the Russian Federation in the field of production and consumption waste management, with the exception of the period of time during which the owner of a residential building (household) and the organization specified in subparagraph "b" of paragraph 148 (5) of these Rules, in an agreement for the provision of services for the treatment of municipal solid waste has been concluded and is being executed in writing and such an agreement has not been terminated;

D) owners and users of premises in an apartment building - if such owners make a decision provided for by Part 18 of Article 12 of Federal Law No. 176-FZ of June 29, 2015 "On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" ;

E) owners and users of premises in an apartment building, in respect of which the contract for the provision of services for the treatment of municipal solid waste, concluded by the managing organization, partnership or cooperative with the regional operator for the treatment of municipal solid waste, has been terminated - until the conclusion of a new agreement for the provision of services for the management of municipal solid waste in relation to this apartment building.

148(12). The regional municipal solid waste management operator is responsible for the management of municipal solid waste from the moment such waste is loaded onto the garbage truck. Loading of solid municipal waste includes cleaning of the places of loading of solid municipal waste.

(see text in previous edition)

148(13). An agreement containing provisions on the provision of public services for the management of municipal solid waste, concluded, among other things, with the owner or user of a residential building (household), must include the conditions specified in subparagraphs "a" - "e" and "l" - "c "Clause 19 of these Rules, as well as the procedure for determining the amount of utility services provided and the amount of payment for the utility service, including information on the number of units of account approved when determining the standards for the accumulation of solid municipal waste by the executive authorities of the constituent entities of the Russian Federation or local self-government bodies of settlements or urban districts (if they are empowered by the law of the subject of the Russian Federation) for this category of object and information in graphical form on the location of places (sites) for the accumulation of solid municipal waste and access roads.

(see text in previous edition)

148(14). To conclude in writing an agreement containing provisions on the provision of public services for the treatment of municipal solid waste, from among the agreements specified in subparagraphs "a" and "b" of paragraph 148(4) of these Rules, the contractor represented by the managing organization, partnership or The cooperative is obliged, no later than 20 working days from the day specified, respectively, in paragraph 148(8) or these Rules, to transfer the draft agreement signed by it in 2 copies to the owner of the premises in the apartment building at the location of the contractor, by mail or in another way agreed with the owner. The owner of the premises in an apartment building, who has received a draft agreement containing provisions on the provision of public services for the treatment of municipal solid waste, in the absence of disagreements on such a project, is obliged to transfer it to the contractor at the location of the contractor, by mail or 1 copy of the contract signed by him in another way agreed with the contractor, indicating in it the information provided for in subparagraphs "c", "d", "e" and "l" of paragraph 19 of these Rules, as well as information on the number of units of account approved when determining the standards accumulation of solid municipal waste by the executive authorities of the constituent entities of the Russian Federation or local self-government bodies of settlements or urban districts (if they are empowered by the law of the constituent entity of the Russian Federation) for this category of object, and attaching copies of the following documents to it:

a) a document confirming the right of ownership (use) of the premises in an apartment building (residential building);

b) an identity document of an individual - the owner of the premises, or a certificate of state registration of a legal entity - the owner of the premises.

148(15). The owner of the premises in an apartment building and the owner of a residential building (home ownership) has the right to initiate the conclusion in writing of an agreement containing provisions on the provision of public services for the management of solid municipal waste, from among the agreements specified in subparagraphs "a" and "b" of paragraph 148 ( 4) and subparagraph "b" of paragraph 148(5) of these Rules, by submitting to the contractor at its location, by mail or in another way agreed with the contractor, an application signed by the owner (one of the co-owners) to conclude an agreement in 2 copies, containing the information specified in subparagraphs "c", "d", "e" and "l" of paragraph 19 of these Rules, as well as information on the number of units of account approved when determining the standards for the accumulation of solid municipal waste by the executive authorities of the constituent entities of the Russian Federation or local self-government bodies of settlements or city ​​districts (if they are empowered by law, the subject ct of the Russian Federation) for this category of object, and copies of the documents specified in paragraph 148(14) of these Rules.

Submission of documents at the location of the contractor can be carried out by one of the co-owners upon presentation of an identity document, or an authorized representative of any of the co-owners upon presentation of a formalized in due course power of attorney.

The contractor who has received the application and the documents attached to it is obliged to register them on the day of receipt, make a note on the second copy of the application about the date of acceptance of the application and the documents attached to it and transfer it to the applicant.

The contractor, no later than 10 working days from the date of acceptance of the application and the documents attached to it, is obliged to issue to the applicant at the location of the contractor, by mail or in another way agreed with the applicant, a draft agreement signed by the contractor containing provisions on the provision of public services for the management of solid municipal waste, in 2 copies.

If there are disagreements on the draft agreement received from the contractor, containing provisions on the provision of public services for the treatment of municipal solid waste, their consideration is carried out in accordance with paragraph 24 of these Rules.

148(16). In order to conclude a written agreement for the provision of services for the treatment of municipal solid waste with a regional operator for the treatment of municipal solid waste, the owner of a dwelling in an apartment building or the owner of a residential building (household) submits to the regional operator for the treatment of municipal solid waste, in the area of ​​activity which form solid municipal waste, at its location, by mail or otherwise agreed with the regional operator for the treatment of municipal solid waste, signed by the owner (one of the co-owners) an application for the conclusion of an agreement in 2 copies, containing the information specified in subparagraphs "c", "d", "e" and "l" of paragraph 19 of these Rules, as well as information on the number of units of account approved when determining the standards for the accumulation of solid municipal waste by the executive authorities of the constituent entities of the Russian Federation or local governments of settlements or urban districts (if they are vested with appropriate powers by law subject of the Russian Federation) for this category of object, and copies of the documents specified in clause 148(14) of these Rules.

148(17). If the owners of premises in an apartment building, directly managing such a building, have decided at a general meeting to issue one of the owners or another person with the authority to act in relations with third parties on behalf of the owners in such a building, this authorized person has the right to apply to the regional operator for the treatment of municipal solid waste to conclude a written agreement for the provision of services for the treatment of municipal solid waste in relation to all owners with the following documents:

a) an application for the conclusion of an agreement containing provisions on the provision of public services for the treatment of municipal solid waste, signed by such a person;

b) a copy of the decision of the general meeting on issuing the authority to the authorized person to act in relations with third parties on behalf of the owners in such a house;

c) a copy of the power of attorney issued to the authorized person in writing by all or the majority of the owners;

d) the information specified in subparagraphs "c", "d", "e" and "l" of paragraph 19 of these Rules, as well as information on the number of units of account approved when determining the standards for the accumulation of solid municipal waste by the executive authorities of the constituent entities of the Russian Federation, or local self-government bodies of settlements or urban districts (in case they are empowered by the law of the constituent entity of the Russian Federation) for this category of object.

148(18). The conclusion of an agreement containing provisions on the provision of public services for the treatment of municipal solid waste with a regional operator for the treatment of municipal solid waste is carried out in the manner specified in paragraph 148(15) of these Rules.

148(19). The grounds for refusing to conclude an agreement containing provisions on the provision of a utility service for the management of solid municipal waste can only be that the degree of improvement of an apartment building or residential building does not allow providing the consumer with a utility service for the management of solid municipal waste, the provision of which the applicant indicated in the application for the conclusion of an agreement containing provisions for the provision of the specified utility service, or that the organization contacted by the consumer to conclude this agreement is unable to provide the utility service to the consumer due to the non-occurrence of the events specified in paragraphs 148(8) - of these Rules. In case of refusal to conclude an agreement containing provisions on the provision of public services for the treatment of municipal solid waste, on the grounds provided for in this paragraph, the contractor is obliged, within 5 days from the date of the applicant's request for the conclusion of an agreement, to notify him in writing of the refusal to conclude agreement indicating the reasons for such refusal.

148(21). An agreement containing provisions on the provision of public services for the treatment of municipal solid waste, concluded in writing, enters into force and is binding on the parties from the date of its signing by both parties. The terms of such an agreement may provide that the rights and obligations of the parties arise from a later date after the date of entry into force of this agreement.

An agreement containing provisions on the provision of public services for the treatment of municipal solid waste, concluded by the consumer performing implicit actions, is considered concluded by the consumer with the relevant contractor from the date the utility services are provided by such a contractor, specified in paragraphs 148 (8) - of these Rules.

An agreement containing provisions on the provision of a utility service for the treatment of municipal solid waste is valid until the date (inclusive) of the termination of the provision of the specified utility service by the relevant contractor specified in paragraphs 148(8) - of these Rules.

An agreement containing provisions on the provision of public services for the treatment of municipal solid waste may be terminated ahead of schedule on the grounds provided for by the civil, housing legislation of the Russian Federation or the legislation of the Russian Federation on production and consumption waste.

148(22). The provider of public services for the treatment of municipal solid waste is obliged to:

a) provide the consumer with a utility service for the treatment of municipal solid waste in the volumes necessary for him and of proper quality in accordance with the requirements of the legislation of the Russian Federation, these Rules and an agreement containing provisions on the provision of this utility service;

B) conclude with a regional operator for the treatment of municipal solid waste contracts for the provision of services for the treatment of municipal solid waste;

C) independently or with the involvement of other persons to carry out Maintenance in-house engineering systems, with the use of which the consumer is provided with a public service for the treatment of municipal solid waste;

d) in accordance with the procedure established by these Rules, calculate the amount of the fee for the provided utility service for the treatment of municipal solid waste and, if there are grounds, recalculate the amount of the fee for the specified utility service, including in connection with the provision of the utility service for the treatment of municipal solid waste of improper quality and (or) with interruptions exceeding the permissible duration, for the period of temporary absence of the consumer in the occupied residential premises;

E) to check, directly at the consumer’s request, the correctness of the calculation of the amount of the fee for the utility service for the treatment of municipal solid waste, the consumer’s debt or overpayment for the utility service for the treatment of municipal solid waste, the correctness of the calculation of penalties (fines, penalties) presented to the consumer for payment and immediately, following the results of the check, issue to the consumer documents containing correctly calculated payments. The documents issued to the consumer at his request must be certified by the signature of the head and the seal of the contractor (if any);

f) accept, in the manner and within the time limits established by these Rules, consumer reports about the fact of providing public services for the treatment of municipal solid waste of inadequate quality and (or) with interruptions exceeding the established duration, organize and conduct verification of such a fact with the preparation of an appropriate act checks, and in the presence of harm caused by a violation of the quality of public services, also an act fixing the harm caused to the life, health or property of the consumer;

g) keep a record of complaints (applications, appeals, demands, claims) of consumers on the quality of the provision of public services for the treatment of municipal solid waste, records of the timing and results of their consideration and execution, as well as within 3 working days from the date of receipt of the complaint (application, appeals, demands, claims) send the consumer a response about its satisfaction or refusal to satisfy it, indicating the reasons for the refusal;

h) inform consumers in the manner and within the time limits established by these Rules about the reasons for and the expected duration of the provision of public services for the treatment of solid municipal waste of inadequate quality and (or) with interruptions exceeding the established duration;

i) inform the consumer about the start date of the scheduled break in the provision of public services for the treatment of municipal solid waste no later than 10 working days before the start of the break;

K) provide the consumer (by specifying in the contract containing the provisions on the provision of public services for the management of municipal solid waste, posting on bulletin boards located in all entrances of an apartment building or within the land plot on which an apartment building is located (residential building or complex residential buildings), and on bulletin boards located in the contractor's premises in a place accessible to all consumers) the following information:

information about the performer - name, location (address of his permanent executive body), information on state registration, working hours, the address of the contractor's website on the Internet, as well as the addresses of sites on the Internet on which the contractor, in cases provided for by the legislation of the Russian Federation, is obliged to post information about the performer, last name, first name and patronymic of the head;

addresses and telephone numbers of the dispatcher's, emergency dispatch service of the contractor;

the size of tariffs (prices) for the communal service for the treatment of municipal solid waste and the details of the regulatory legal acts by which they are established;

the procedure and form of payment for utility services for the treatment of municipal solid waste, information on the consequences of late and (or) incomplete payment for utility services;

indicators of the quality of public services for the treatment of municipal solid waste, deadlines for eliminating accidents and other violations of the procedure for providing public services established by the legislation of the Russian Federation, including these Rules, as well as information about these Rules;

names, addresses and phone numbers of executive authorities (their territorial bodies and subdivisions) authorized to exercise control over compliance with these Rules;

information about the obligation of the consumer to inform the utility service provider for the treatment of municipal solid waste about a change in the number of registered citizens in a residential building;

information about the need for the owner of a non-residential premises in an apartment building to conclude in writing an agreement for the provision of services for the treatment of municipal solid waste directly with the regional operator for the treatment of municipal solid waste and the consequences of not concluding such an agreement;

k) provide any consumer, within 3 working days from the date of receipt of an application from him, information in writing for the billing periods requested by the consumer on the monthly volumes and (or) mass of solid municipal waste generated indoors in an apartment building, and the total volume and (or ) the mass of solid municipal waste generated in residential and non-residential premises in an apartment building, calculated using the standards for the accumulation of solid municipal waste or the number and volume of containers for the accumulation of solid municipal waste installed in places (sites) of accumulation;

(see text in previous edition)

l) bear other obligations stipulated by the housing legislation of the Russian Federation, including these Rules and an agreement containing provisions on the provision of public services for the management of municipal solid waste.

148(23). The executor of the utility service for the treatment of municipal solid waste has the right to:

a) demand payment for the consumed communal service for the treatment of solid municipal waste, as well as in cases established by federal laws and an agreement containing provisions on the provision of a communal service for the treatment of solid municipal waste, payment of penalties (fines, penalties);

b) engage, on the basis of an appropriate agreement containing a condition on ensuring the requirements of the legislation of the Russian Federation on the protection of personal data, an organization or an individual entrepreneur:

for delivery of payment documents to consumers;

for charging fees for communal services for the treatment of municipal solid waste and preparing the delivery of payment documents to consumers;

c) establish, in the manner prescribed by paragraph 148 (35) of these Rules, the number of citizens living (including temporarily) in the residential premises occupied by the consumer, and draw up an act on establishing the number of such citizens to calculate the amount of payment for the provided communal service for handling municipal solid waste;

d) notify the consumer about the presence of arrears in payment of utility services for the treatment of municipal solid waste or arrears in payment of penalties (fines, penalties) by sending an SMS message over the mobile network radiotelephone communications on consumer equipment, phone call with a recording of a conversation, messages Email or through Personal Area consumer in the state information system of housing and communal services, by placing on official page the performer on the Internet or by transmitting voice information to the consumer over a fixed telephone network;

e) exercise other rights provided for by the housing legislation of the Russian Federation, including these Rules and an agreement containing provisions on the provision of public services for the management of municipal solid waste.

148(24). The consumer of the utility service for the treatment of municipal solid waste has the right to:

a) receive in the required volumes a public service for the management of municipal solid waste of proper quality;

b) receive from the contractor information about the correctness of the calculation presented to the consumer for payment of the amount of the fee for the utility service for the treatment of municipal solid waste, as well as the presence (or absence) of debt or overpayment by the consumer for the utility service for the treatment of municipal solid waste, the existence of grounds and the correctness of the calculation by the contractor to the consumer of penalties (fines, penalties);

c) require the contractor to conduct quality checks of the provided communal services for the treatment of municipal solid waste, draw up and submit an inspection report, an act on the elimination of identified deficiencies;

d) receive from the contractor information that he is obliged to provide to the consumer in accordance with the legislation of the Russian Federation and the terms of the contract containing provisions on the provision of public services for the management of solid municipal waste;

e) demand, in the cases and in the manner established by these Rules, a change in the amount of the fee for the utility service for the treatment of municipal solid waste when the specified utility service is provided of inadequate quality and (or) with interruptions exceeding the established duration, as well as for the period of temporary absence of the consumer in the occupied premises;

f) demand from the contractor compensation for losses and harm caused to the life, health or property of the consumer as a result of the provision of public services for the treatment of solid municipal waste of inadequate quality and (or) with interruptions exceeding the established duration, as well as moral damage in accordance with the legislation of the Russian Federation ;

g) require the contractor to conduct quality checks of the provided communal services for the treatment of municipal solid waste in the manner prescribed by these Rules, draw up and send to consumers an inspection report and an act to eliminate the identified deficiencies;

h) exercise other rights provided for by the housing legislation of the Russian Federation, including these Rules and an agreement containing provisions on the provision of public services for the management of municipal solid waste.

148(25). The consumer of the utility service for the treatment of municipal solid waste is obliged to:

a) upon detection of malfunctions, fire and accidents in the garbage chute and waste collection chambers, as well as upon detection of violations in the quality of the provision of public services for the treatment of municipal solid waste, immediately report them to the emergency dispatch service of the contractor or to another service specified by the contractor, and if availability - to take measures to eliminate such malfunctions, fire and accidents;

b) inform the contractor about an increase or decrease in the number of citizens living (including temporarily) in the residential premises occupied by him, no later than 5 working days from the date of the occurrence of such changes, if the amount of payment for the utility service for the treatment of municipal solid waste, provided to the consumer in a residential area, is determined based on the number of living citizens;

c) timely and in full pay for the utility service for the treatment of municipal solid waste;

d) bear other obligations stipulated by the housing legislation of the Russian Federation, including these Rules and an agreement containing provisions on the provision of public services for the management of municipal solid waste.

148(26). The consumer of the utility service for the treatment of municipal solid waste is not entitled to store solid municipal waste outside containers, bunkers, other containers and special sites for bulky waste intended for their accumulation in accordance with the contract for the provision of services for the treatment of municipal solid waste, fill containers for solid municipal waste intended for the accumulation of waste of other persons and not specified in the contract for the provision of services for the treatment of municipal solid waste, or containers not intended for such types of waste.

148(27). The settlement period for payment of utility services for the treatment of municipal solid waste is set equal to a calendar month.

148(28). The amount of payment for the utility service for the treatment of municipal solid waste is calculated based on the price determined within the approved single tariff for the regional operator's service, established by the regional operator for the treatment of municipal solid waste in the manner determined by the Federal Law "On production and consumption waste".

In the case of establishing tariffs (prices) differentiated by groups of consumers, the amount of payment for the communal service for the treatment of municipal solid waste is calculated using the tariffs (prices) established for the relevant consumer group.

When calculating the amount of payment for a utility service for the treatment of municipal solid waste provided by a regional operator for the treatment of municipal solid waste to the contractor in order to provide a utility service for the treatment of municipal solid waste to consumers, the tariffs (prices) of the regional operator for the treatment of municipal solid waste are applied used in calculating the amount of utility bills for consumers.

148(29). The utility service for the treatment of municipal solid waste is not provided for general house needs.

148(30). The amount of payment for a utility service for the treatment of municipal solid waste provided to a consumer in a residential area is determined in accordance with formula 9 (1)

In the event that a public authority of a constituent entity of the Russian Federation makes a decision on the implementation by consumers of payment for a utility service for the treatment of municipal solid waste based on the total area of ​​\u200b\u200bthe residential premises, the amount of payment for the utility service for the treatment of municipal solid waste provided to the consumer in the residential premises is determined in accordance with formula 9(2) of Appendix No. 2 to these Rules.

In case of separate accumulation of sorted waste, the amount of payment for the utility service for the treatment of municipal solid waste provided to the consumer in a residential area is determined in accordance with formulas 9 (3) and formula 9 (8) of Appendix No. 2 to these Rules.

148(32). The calculation of the amount of the fee for the utility service for the treatment of municipal solid waste, provided to consumers in residential premises in corridor, hotel and sectional dormitories (with the presence of shared kitchens, toilets or shower units on the floors), is made in the manner established for calculating the amount of payment for such a utility service for consumers living in a communal apartment.

148(33). The calculation of the amount of payment for the utility service for the treatment of municipal solid waste provided to consumers in residential premises in apartment-type dormitories is carried out in the manner established for calculating the amount of payment for such a utility service for consumers living in residential premises.

148(34). The amount of payment for the utility service for the treatment of municipal solid waste is calculated in accordance with these Rules based on the number of permanently and temporarily resident consumers in the dwelling.

A consumer is considered to be temporarily residing in a dwelling if he actually resides in this dwelling for more than 5 days in a row.

148(35). If the contractor has information about consumers temporarily residing in residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of stay, he has the right to draw up an act on establishing the number of citizens temporarily residing in residential premises to calculate the amount of payment for utility bills. municipal solid waste management service. formula 9(5)

The payment for the utility service for the treatment of municipal solid waste is paid by consumers to the contractor or to the paying agent or bank paying agent acting on his behalf.

148(40). Consumers have the right, in the presence of an agreement containing provisions on the provision of a utility service for the treatment of municipal solid waste, concluded with a contractor represented by a managing organization, partnership or cooperative, to pay a fee for the utility service for the treatment of municipal solid waste directly to the regional operator for the treatment of municipal solid waste. waste, which provides such a service to the contractor, or through the payment agents or bank payment agents specified by such a regional operator, if the decision to switch to this method of payment and the date of the transition is taken by the general meeting of owners of premises in an apartment building, members of a partnership or cooperative. In this case, the performer is obliged, no later than 5 working days from the date of the adoption of the said decision, to provide the regional operator for the treatment of municipal solid waste with information about the decision made.

The payment by the consumer for the utility service for the treatment of municipal solid waste directly to the regional operator for the treatment of municipal solid waste is considered as the fulfillment of the obligation to pay for the specified utility service to the contractor. At the same time, the contractor is responsible for the proper provision of utility services for the treatment of solid municipal waste to consumers and is not entitled to prevent consumers from making payments directly to the regional operator for the treatment of solid municipal waste or to a paying agent or bank paying agent acting on his behalf.

148(42). Information on changes in the marginal tariffs and standards for the accumulation of solid municipal waste is communicated by the contractor to the consumer in writing no later than 30 days before the date of issuance of payment documents, unless another period is established by an agreement containing provisions on the provision of public services for the management of solid municipal waste.

148(43). The amount of penalties (fines, penalties) determined by law or an agreement containing provisions on the provision of public services for the treatment of municipal solid waste for violation by the consumer of the terms of such an agreement is indicated by the contractor in payment document to pay for a utility service for the treatment of municipal solid waste.

148(44). In case of temporary, that is, more than 5 full calendar days in a row, the absence of the consumer in the residential premises, the amount of the fee for the utility service for the treatment of municipal solid waste is recalculated in the manner prescribed by Section VIII of these Rules.

148(45). When providing in the billing period to the consumer in a residential or non-residential premises a utility service for handling municipal solid waste of inadequate quality and (or) with interruptions exceeding the established duration, as well as during interruptions in the provision of the specified utility service for repair and maintenance work within the established the duration of breaks, the amount of payment for such a utility service for the billing period is subject to reduction until the consumer is completely exempted from paying for such a service.

Requirements for the quality of the municipal service for the management of solid municipal waste, permissible deviations from these requirements and the permissible duration of interruptions in the provision of the specified utility service, as well as the conditions and procedure for changing the amount of the fee for the communal service for the treatment of solid municipal waste when such a utility service is provided of inadequate quality and (or) with breaks exceeding the established duration are given in Appendix No. 1 to these Rules.

If, in accordance with these Rules, the amount of the fee for the specified utility service for the billing period is formed incompletely and is subject to adjustment in the future, the amount of the reduction in the fee for this utility service for such a billing period cannot exceed the final amount of the fee for the corresponding utility service for such a billing period. period.

148(46). In case of interruptions in the provision of public services for the treatment of municipal solid waste exceeding the established duration, as well as during interruptions in the provision of public services for the treatment of municipal solid waste for repair and maintenance work within the established duration of breaks, the amount of payment for such a utility service is reduced by the amount of payment for the volume of utility services not provided.

148(47). The volume (quantity) of the municipal service for the treatment of solid municipal waste not provided during the billing period to the consumer in residential or non-residential premises is calculated based on the duration of the non-provision of the utility service and the standard for the accumulation of solid municipal waste for the billing period or the estimated value of consumption of the utility service, determined in accordance with paragraphs 148(30)

The removal and disposal of MSW in the Spetstrans Group of Companies is organized according to the following scheme:

• Reception of the application by phone or through a special form on the website.
• Processing the client's request, drawing up a financial estimate and coordinating the frequency of flights.
• Installation of a hopper 0.8-18 m3 at a specially designated container site of the customer.
• As the container fills up, we organize the supply of special vehicles to the facility. We take out the filled bunker for emptying to the place of processing and disposal of waste, in its place we install a similar empty one.
• Providing the necessary reporting documentation.

Our waste bins

For efficient collection and transportation of MSW, we use storage bins of the following volume:

• 0.8 cubic meters - a household container for collecting MSW, equipped with a hinged lid. It is convenient for installation in the courtyards of housing estates, on the territory of the private sector, organizations and office premises. Capacity size 1200*750*1150.
• 1.1 m3 is a compact closed eurocontainer widely used for placement in in public places and in housing and communal services. Rotating wheels with a locking mechanism, gripping devices provide container mobility, ease of movement to the unloading point. Tank dimensions 1335*1430*1010.
• Press compactor 18 m3 - equipment for the collection and compaction of the removed garbage, which allows to reduce the cost of transporting MSW by reducing the number of trips. The container is installed mainly at facilities whose activities generate significant amounts of waste (hypermarkets, wholesale markets, warehouses, large production facilities, etc.).

Article 1 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Wastes” (hereinafter referred to as the Law No. 89-FZ) defines the concept of municipal solid waste (hereinafter referred to as MSW), this is waste generated in residential premises in the process of consumption individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities. legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.
Based this concept Law No. 89-FZ, the belonging of waste to MSW is determined by the following criteria:
- education takes place in residential premises;
- education occurs in the process of consumption by individuals;
- MSW also includes goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs;
- MSW also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.
Federal Classification Catalog of Waste (hereinafter - FKKO), approved by order Federal Service on supervision in the field of environmental management dated May 22, 2017 No. 242, consists of blocks, types, subtypes, etc.
For example, block 7 "Waste from water supply, sanitation, activities for the collection, processing, disposal, neutralization, disposal of waste" includes type 73 "Communal waste, similar to municipal waste in production and in the provision of services to the population", which, in turn, consists of subtypes, including 731 "Municipal solid waste", 733 "Consumption waste in production, similar to municipal waste", etc., clearly related to MSW; and at the same time, block 7 contains subtype 732 "Public waste in non-sewered buildings and other similar waste not related to municipal solid waste."
Another example. The type of waste "mercury, mercury-quartz, luminescent lamps that have lost their consumer properties" can be generated in residential premises as a result of the loss of consumer properties of lighting elements. This waste is included in block 4 “Consumer waste production and non-production; materials, products that have lost consumer properties that are not included in blocks 1 - 3, 6 - 9 ", type 47" Waste equipment and other products subject to special control.
Thus, MSW can include any types of waste included in various blocks of the FKKO, the placement of which is permissible at specialized landfills, as well as types of waste, the placement of which at these landfills is strictly prohibited.

2. In accordance with Article 1 of the Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ, construction is the creation of buildings, structures, structures (including on the site of demolished capital construction projects).
In accordance with paragraph 3.8 of the Decree of the Gosstroy of Russia dated 03/05/2004 No. 15/1 (as amended on 06/16/2014) "On the approval and implementation of the Methodology for determining the cost of construction products on the territory of the Russian Federation", preventive (current) repairs are systematically and timely work to prevent wear of structures, finishes, engineering equipment, as well as work to eliminate minor damage and faults.
In this regard, it is necessary to separate the concepts of "construction" and "maintenance".
Based on the foregoing, waste generated during construction does not belong to MSW.
So, often the waste generated during current repairs is mistakenly considered construction waste, seeing the word “construction” in the name. The mention of the word “construction”, “construction”, etc. in the name of the waste does not always confirm that this or that type of waste was formed precisely during construction work. For example, “waste (garbage) from construction and repair work” and “waste (remains) of sand and gravel mixture during construction, repair work” can be generated both during construction and during repair.
It must be taken into account that the FKKO is a unified document, but at the same time it does not take into account the distribution of waste according to the signs of generation:
- in residential or non-residential premises;
— for individuals or legal entities and individual entrepreneurs;
— during repair or construction;
- etc.

3. In accordance with Section II of the Regulation on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of 01.28.2006 No. 47, an isolated premises that is intended for living is recognized as residential premises citizens, is immovable property and habitable.
In accordance with paragraph 2 of the Comprehensive Strategy for the Management of Solid Municipal (Household) Waste in the Russian Federation, approved by order of the Ministry natural resources and Ecology of the Russian Federation dated 14.08.2013 No. 298, consumer waste - subject to neutralization, recycling (use) or removal by placement of the remains of raw materials, materials, semi-finished products, other products or products that were formed in the process of consumption, including finished goods (products) subject to disposal (use) after the loss of consumer properties, including the packaging of such goods (products).
Thus, waste from the current repair of residential premises of individuals, as well as legal entities and individual entrepreneurs, similar to them in composition and origin, as a rule, is consumption waste, and, therefore, refers to MSW.

Since 2017, the scheme for the treatment of MSW - municipal solid waste - has been radically changing in Russia. There are regional operators for the treatment of MSW, garbage collection has to be paid according to the standards, the owners of private houses will have to conclude separate agreements for garbage collection. We have collected all the most important questions readers of the site on the new rules for garbage collection and responded to them.

The material was prepared taking into account the current editions of the Housing Code of the Russian Federation (LC), Decrees of the Government of the Russian Federation No. 354 of 05/06/2011 (PP No. 354) and No. 1156 of 11/12/2016 (PP No. 1156) .

From what date do you need to pay for the treatment of MSW under the new rules?

The scheme with a regional operator is beginning to be applied unevenly throughout Russia. All regions must implement the new scheme by January 1, 2019. The region can do this even earlier if it approves a single tariff for the MSW treatment service and concludes an agreement with the regional operator. They have already switched to the new scheme, for example, in Astrakhan, Ivanovo regions, Krasnodar Territory. After the approval of tariffs at the regional level and the selection of a regional operator, a separate line for handling MSW will appear in the receipts. Therefore, it is quite possible that you are already paying for the treatment of MSW, but your relatives from another region are not yet.

Who now has to conclude contracts for garbage collection?

• owners of private residential buildings and parts of residential buildings (part 5, article 30 of the LCD);
• owners of non-residential premises in apartment buildings (shops, offices, etc.). Exception: owners of parking spaces (clause 148(1) of PP No. 354);
• management companies / HOAs / housing cooperatives (part 12 of article 161 of the LCD);
• owners of premises and apartments in the MKD, if the house is directly controlled (part 2 of article 164 of the LCD).

I have not entered into a contract with anyone for garbage collection, but they send me receipts. Is it legal?

Yes, it's legal. Either the contract has already been concluded for you by the Criminal Code, or you will have to do it yourself. There are 3 options:

1. You live in an apartment building with a management company / HOA / cooperative and pay for garbage to them.
   You do not need to conclude a separate agreement for the treatment of MSW. It is concluded by your Management Company(HOA, housing cooperative). The MC issues you receipts for payment for MSW management services, you pay the MC, the MC pays for the services rendered with the regional MSW operator.
2. You live in an apartment building with a management company / HOA / cooperative, but you pay a regional operator.
   If the general meeting of owners decided to pay directly to utility providers, then receipts for handling MSW will be issued to you regional operator. You will have to pay them directly to the regional operator. In this case, the contract for the treatment of MSW is also concluded by the Criminal Code.
3. In your house direct management / you have a private house.
   In this case, you yourself will have to conclude an agreement for the treatment of MSW with a regional operator and pay him directly according to the issued receipts. You cannot withdraw from the contract.

I rent non-residential premises in an apartment building for a shop. Who should conclude a contract for the treatment of MSW - me or the owner of the premises?

Paragraph 148(1) of PP No. 354 states that it is the owner of the non-residential premises in the MKD that concludes the agreement for the treatment of MSW. The owner needs to contact the regional operator for the treatment of MSW and draw up a separate agreement with him. Whether you, as a tenant, will reimburse the landlord for garbage disposal costs in addition to rent depends on the terms of your lease.

On a note: The UK, HOA or cooperative that manages the house may request from the owner of non-residential premises data on the volume of municipal services for the treatment of MSW for the month. The owner will have to provide such information to the Criminal Code within 3 working days.

I rent an apartment. The landlady requires me to pay for garbage collection. Is she right?

It all depends on how you agreed with the hostess. Read over your contract with the landlord. If under the contract you are obliged to compensate the hostess for the payment of all utilities, then you will have to pay, because. MSW management is now a public service. If you have written in the contract that the tenant pays only for electricity and water, then you can refuse to pay for garbage collection and try to convince the landlady that she is wrong. Alas, there is a chance that after that you will have to look for another place to live :(

What exactly is included in the MSW management service?

The service for the treatment of municipal solid waste includes the collection, transportation, disposal and disposal of MSW. For the specific procedure and features of the provision of services for the treatment of MSW, see PP No. 1156 and the agreement with the regional operator.

How often should rubbish be removed from apartment buildings?

In the cold season (average daily temperature +5 ° C and below) - at least 1 time in 3 days. AT warm time year (average daily temperature above +5 °C) - 1 time per day. Within one month, a deviation from this norm of no more than 72 hours is permissible. At the same time, in the cold season, garbage collection can be delayed for no more than 48 hours, in the warm season - no more than 24 hours. These standards are specified in Appendix 1 to PP No. 354.

Where do the standards and tariffs for the service for the treatment of MSW come from?

The rates for municipal services for the treatment of MSW from the regional operator cannot be more than the single tariff for the services of the regional operator for the treatment of MSW. This tariff is approved at the regional level. The MSW accumulation standard is also set by regional authorities or local governments, if the region has delegated such powers to them. Examples of approved standards: Krasnodar Territory, St. Petersburg. The rules for establishing standards by the regions are spelled out in Decree of the Government of the Russian Federation No. 269 of 04/04/2016.

The UK issued an invoice for garbage collection for general house needs. Is it possible?

No. Paragraph 148 (29) of PP No. 354 expressly states that the municipal service for the treatment of MSW is not provided for general house needs.

The management company drew up an act stating that 2 people live in my apartment, although no one is registered. Now they charge a fee for garbage collection from 2 people. What to do?

As in the case of other utilities, the Criminal Code can indeed draw up such acts on establishing the number of temporary residents in the apartment and, on the basis of this act, then charge a fee for the service for the treatment of MSW (clauses 148(23), clause 148 (35) GD No. 354 dated May 6, 2011). The fee for garbage collection is calculated from the number of temporary and permanent residents. Temporary stay is considered to be more than 5 days in a row.

• Write to the Criminal Code an application for recalculation of the fee, if you can prove with documents that in fact much fewer people live in the apartment. Bring to the Criminal Code your agreement with the tenants to whom you are renting an apartment: it contains not only the name of the person who rents the apartment, but also everyone who lives with him. A copy of the temporary registration at another address will also help.
• Make sure that the management company always has up-to-date information from you about the actual number of residents. If you do not provide the correct data to the Criminal Code yourself, the neighbors will report it. We doubt that this information will be true.
• Do not register fictitious tenants in the apartment- they will not live, and you will have to pay for garbage collection for each of them.

Nobody is registered in my apartment. Do I have to pay for garbage collection?

Yes need. If no one is registered and temporarily registered in the apartment, the fee for the treatment of MSW will be charged based on the number of apartment owners (clause 148 (36) of PP No. 354). Even in your region, they may decide to calculate the fee for the treatment of MSW from the area. In this case, you will have to pay for garbage collection, regardless of the number of registered / living. Not living in an apartment does not exempt from the obligation to pay for utilities, but sometimes it allows you to recalculate the utility bill due to temporary absence.

Is it possible not to pay for garbage collection if I don’t have it (I bury it on my site and burn it myself)?

Unfortunately, for the owners of residential buildings, the conclusion of contracts for services for the treatment of MSW is mandatory. Accumulation of municipal solid waste is possible only in specially equipped places. Such sites must meet the requirements for protection environment and sanitary and epidemiological standards. Incineration of waste without special equipment that cleans emissions is prohibited. Plus, a license is required for handling waste of I-IV hazard classes. For violation of all these rules, the owner of the house or land can be fined. Perhaps the easiest way would still be to conclude an agreement with a regional operator.

Important: upon detection of an unauthorized place for storing MSW with a volume of more than 1 cubic meter, the regional operator is obliged to complain to authorized bodies and send a notice to the owner of the land plot about the need to eliminate this landfill. The owner of the site will have to independently eliminate the landfill or conclude an agreement with a regional operator within 30 days. If the landfill is not liquidated, the regional operator will eliminate it himself and through the court will recover his expenses from the owner of the site. So it is written in paragraphs 16-17 of PP No. 1156.

Are there ways to save on MSW handling fees?

• Organize separate waste collection.
  For houses that use separate accumulation and collection of waste, the fee for the treatment of MSW is calculated not according to the standards, but depending on the volume of containers removed. Thanks to the separate collection of MSW, you will be able to pay for the real amount of waste, and not according to abstract standards.
• Notify the MC / regional operator about the change in the number of residents.
  Decree No. 354 states that the consumer is obliged to report a decrease or increase in the number of temporarily and permanently residing citizens within 5 working days. If in your region the fee for the treatment of MSW is calculated on the basis of the number of residents, do not forget to immediately inform the Criminal Code or the regional operator that now fewer people live in your apartment.
• Make recalculation for long trips on vacation or to the country.
  In case of temporary absence (more than 5 full calendar days in a row), submit an application for recalculation of the fee for the service for the treatment of MSW. This is possible according to paragraph 148 (44) of PP No. 354.
• Complain about poor quality garbage disposal.
  When the service for the treatment of MSW is poorly provided, the garbage is taken out much less frequently than according to the standards and terms of the contract, you can write a claim and demand a reduction in the fee for this service. According to paragraph 148 (45) of PP No. 354, you can get up to 100% exemption from payment for services for the treatment of MSW. For each day of deviation from the standards, it is possible to achieve a reduction in the monthly fee for the treatment of MSW by 3.3%.

Our Kot-lawyer writes about other ways to save on garbage disposal or get a discount on payment for the treatment of MSW in a note.
I do not want to overpay for garbage, are there benefits?

Who can file a claim for poor quality garbage disposal?

• Management company / HOA / cooperative- if they concluded a contract for services for the removal of MSW with a regional operator. Claims for the maintenance and cleanliness of container sites, garbage chute, garbage collection chamber must also be written to the Criminal Code.
• Regional MSW operator- if you have a contract directly with him. The responsibility of the regional operator begins from the moment the waste is loaded into the garbage truck at the places of collection and accumulation of MSW (container and special sites).

What can be done if we regularly delay the removal of garbage?

If all claims for poor-quality services and recalculation of the fee have already been written, but there is zero reaction, you can safely complain about the inaction of the Criminal Code in housing inspection. A complaint against the Criminal Code can be sent using the RosZhKH website. The Criminal Code can issue a fine of up to 50 thousand rubles under Article 7.22 of the Code of Administrative Offenses of the Russian Federation (violation of the rules for the maintenance and repair of residential buildings).

Where to complain about the regional operator for the treatment of MSW?

• Rosprirodnadzor - for violation by the regional operator of the terms of the license for the collection, transportation, processing, disposal, neutralization, disposal of waste of I-IV hazard classes, as well as problems related to ecology and environmental protection.
• Regional authorities- for violation by the regional operator of the terms of the agreement on the treatment of MSW. You need to complain to the body that signed the agreement with the operator on behalf of the region. The text of the agreement must be posted on the website of the regional operator. For example, in the Krasnodar Territory, such an agreement was concluded on behalf of the region by the regional Ministry of the Fuel and Energy Complex, Housing and Communal Services.
• Rospotrebnadzor - for violation of sanitary and epidemiological norms and rules.
• To the regional energy commission— for violations in the field of tariffs for the services of a regional operator.
• The prosecutor's office - if you do not know where to complain, or complaints to previous departments did not help.

I didn’t pay for the repair, and I won’t pay for garbage collection, all scammers!

I don’t want to upset you, but for the lack of an agreement on garbage collection, owners of private houses can be fined (from 1 to 2 tr. under article 8.2 of the Code of Administrative Offenses of the Russian Federation). Debts for utilities will be collected in court and written off from your card at Sberbank - with interest and state duty, as was the case for overhaul. So you have to pay anyway. In the meantime, try writing to a State Duma deputy from your region. Perhaps you have a lot in common, and he doesn't like paying for garbage collection either.

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

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

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

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

Who will provide municipal service for the treatment of MSW

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

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

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

When will the new public services system start working?

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

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

2019

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

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

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

How to work with a regional operator

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

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

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

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

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

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

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

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

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

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

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

Permissible deviation of terms - no more than:

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

Note

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

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

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

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

MSW fee on utility bill

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

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

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

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

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

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

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