XV(1). Provision of utility services on request

In accordance with the Federal Law "On Production and Consumption Waste", 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 for the provision of services for the treatment of municipal solid waste.

3. Subparagraph "d" of paragraph 1 of the Decree of the Government of the Russian Federation of August 25, 2008 No. 641 "On equipping vehicles, technical means and equipment systems satellite navigation GLONASS or GLONASS/GPS" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, No. 35, item 4037) shall be supplemented with the words ", transportation of municipal solid waste".

Rules
solid municipal waste management

I. General provisions

1. These Rules establish the procedure for the collection, transportation, processing, disposal, neutralization and disposal of solid municipal waste, as well as the grounds on which 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 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;

"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;

"consumer" - the owner of municipal solid waste or a person authorized by him who has concluded or is obliged to conclude with regional operator contract 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 individual entrepreneurs, a proposal to conclude an agreement for the provision of services for the treatment of municipal solid waste and a draft of such an agreement.

7. If prior to the date of commencement of waste management specified in the agreement concluded by the executive authority of the subject of the Russian Federation and the regional operator (hereinafter referred to as the agreement) in accordance with the Federal Law "On Production and Consumption Waste", the regional operator has not concluded contracts for provision of services for the treatment of municipal solid waste with consumers, the municipal service for the treatment of municipal solid waste is provided by the regional operator in accordance with the terms of the agreement.

8. The contract for the provision of services for the treatment of municipal solid waste is concluded for a period not exceeding the period for which the legal entity has been assigned the status of a regional operator.

II. The procedure for the collection and transportation of municipal solid waste

9. Consumers shall store solid municipal waste at the places of collection and accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the waste management scheme.

If the waste management scheme does not contain information about the places of collection and accumulation of solid municipal waste, the regional operator sends information about the identified places of collection and accumulation of solid municipal waste to the executive authority of the constituent entity of the Russian Federation that approved the waste management scheme for inclusion in it information about the places of collection and accumulation of municipal solid waste.

10. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places of collection and accumulation of solid municipal waste, the storage of solid municipal waste is carried out by consumers in the following ways:

a) in containers located in waste collection chambers (if there is an appropriate in-house engineering system);

b) in containers, bunkers located on container sites;

c) in packages or other containers provided by the regional operator.

11. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places of collection and accumulation of solid municipal waste, storage of bulky waste is carried out by consumers in the following ways:

a) in bunkers located on container sites;

b) on special sites for storage of bulky waste.

12. The removal of bulky waste is provided in accordance with the legislation of the Russian Federation by the regional operator, including at the request of consumers, or independently by consumers by delivering bulky waste to the site for their storage.

The locations of such sites are determined in accordance with the waste management schemes and are indicated in the contract for the provision of municipal solid waste management services.

13. The regional operator is responsible for the handling of solid municipal waste from the moment such waste is loaded into a garbage truck at the places of collection and accumulation of solid municipal waste. At the same time, the burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the place of loading municipal solid waste located on the adjacent territory, which is part of the common property of the owners of premises in an apartment building, is borne by the owners of premises in an apartment building.

14. The person responsible for the maintenance of container sites, special sites for the storage of bulky waste in accordance with the contract for the provision of services for the treatment of municipal solid waste, is obliged to ensure that such sites post information about the serviced consumer facilities and the owner of the sites.

It is forbidden to store in containers burning, incandescent or hot waste, bulky waste, snow and ice, lighting devices and electric lamps containing mercury, batteries and accumulators, medical waste, as well as other waste that can harm the life and health of persons carrying out loading (unloading) of containers, damage containers, garbage trucks or disrupt the operation of facilities for the processing, neutralization, disposal of municipal solid waste.

Hazardous substances classified as dangerous goods in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road are prohibited for transportation under these Rules. The regional operator is prohibited from collecting and transporting the specified hazardous substances (cargo) as part of or under the guise of municipal solid waste.

15. Consumers are prohibited from storing solid municipal waste in places of collection and accumulation of solid municipal waste that are not specified in the contract for the provision of services for the treatment of municipal solid waste.

Consumers are prohibited from storing municipal solid waste outside of containers or in containers not intended for such types of waste, except in cases established by

16. In the event that a regional operator finds a place for storage of municipal solid waste, the volume of which exceeds 1 cu. meter, on a land plot not intended for these purposes and not specified in the agreement (hereinafter referred to as the place of unauthorized disposal of municipal solid waste), the regional operator is obliged within 5 working days:

a) notify in any way that allows obtaining confirmation of the delivery of such a notification, the owner of the land plot, the local government body and the body exercising state environmental supervision, of the discovery of a place of unauthorized disposal of municipal solid waste;

b) notify the owner of the land plot in any way that allows obtaining confirmation of the delivery of such a notice about the need to eliminate the place of unauthorized placement of solid municipal waste within 30 days after receiving the notification and send him a draft contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste.

17. If the owner of the land plot, within 30 days from the date of receipt of the notification of the regional operator, did not ensure the liquidation of the place of unauthorized placement of solid municipal waste independently and did not conclude an agreement with the regional operator for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste, the regional operator within 30 days after the notification is sent to the owner of the land plot, the place of unauthorized disposal of municipal solid waste shall be liquidated. In this case, the regional operator has the right to apply to the court with a claim to recover the costs incurred.

18. The owner of the land plot is obliged to independently ensure the liquidation of the place of unauthorized placement of solid municipal waste or conclude a contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste with a regional operator.

19. In cases established by the legislation of the subject of the Russian Federation, consumers are obliged to separate municipal solid waste by type of waste and store sorted municipal solid waste in separate containers for the corresponding types of municipal solid waste.

The implementation of such separation of municipal solid waste does not entail the need for the consumer to obtain a license for the collection, transportation, processing, disposal, neutralization, disposal of waste of I - IV hazard classes.

20. The collection of electronic equipment waste is carried out in accordance with the procedure for the collection of municipal solid waste (including their separate collection), approved by the state authority of the constituent entity of the Russian Federation.

21. It is forbidden to organize waste collection sites from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, at container sites and special sites for storing bulky waste without the written consent of the regional operator.

22. Collection of waste from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, can be carried out by organizing stationary and mobile waste collection points, including through automatic waste collection devices.

23. In order to ensure the collection and transportation of solid municipal waste, the regional operator has the right to engage operators for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste, on the basis of an agreement for the provision of services for the collection and transportation of solid municipal waste at a price determined by parties to such an agreement, except for cases when prices for services for the collection and transportation of municipal solid waste for a regional operator are formed based on the results of bidding.

24. Under a contract for the provision of services for the collection and transportation of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste, undertakes to collect and transport municipal solid waste, and the regional operator undertakes to pay for such services.

25. The essential terms of the contract for the provision of services for the collection and transportation of municipal solid waste are:

a) the subject matter of the contract;

b) the planned volume and (or) mass of transported municipal solid waste, the composition of such waste;

c) the frequency and time of removal of municipal solid waste;

d) places of acceptance and transfer of municipal solid waste, the route in accordance with the waste management scheme;

e) the maximum allowable value of compaction of solid municipal waste;

f) a method of commercial accounting of the amount of solid municipal waste;

g) the terms and procedure for payment for services under the contract;

h) the rights and obligations of the parties under the contract;

i) the procedure for the regional operator to control the activities of the operator for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste;

j) liability of the parties.

26. The operator for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste, must own garbage trucks that meet the general technical requirements and safety requirements established by the legislation of the Russian Federation on technical regulation.

27. Transportation of municipal solid waste using garbage trucks not equipped with satellite navigation equipment is allowed until January 1, 2018.

28. The operator for the treatment of solid municipal waste, which collects and transports solid municipal waste, is not entitled to transfer solid municipal waste to persons not specified in the contract for the provision of services for the collection and transportation of solid municipal waste.

29. When transporting municipal solid waste, it is prohibited to compact them beyond the limit allowable value compaction, established by the contract for the provision of services for the collection and transportation of municipal solid waste.

30. For each garbage truck, a route log must be kept in the form approved by authorized body executive power of the constituent entity of the Russian Federation, which indicates information about the movement of the garbage truck and the loading (unloading) of municipal solid waste. Such a log may be kept in electronic form. The operator for the treatment of municipal solid waste, which transports solid municipal waste, is obliged, within one working day, to provide the regional operator, the executive authorities of the constituent entity of the Russian Federation, and local governments, upon their request, with a copy of the route log, and also to ensure that these persons have access to information, transmitted using satellite navigation equipment in the manner prescribed by the contract for the provision of services for the collection and transportation of municipal solid waste.

III. The procedure for the processing, disposal, neutralization and disposal of solid municipal waste

31. When choosing technologies for the treatment of municipal solid waste, technologies for automated sorting of municipal solid waste are given priority.

32. When choosing technologies for processing, recycling, neutralizing municipal solid waste, priority is given to technologies that provide the final product that is available for use in other technological processes as a feedstock or additive to the main raw material.

33. When processing solid municipal waste, it is necessary to ensure the extraction of waste of hazard classes I and II in order to prevent their entry into solid municipal waste disposal 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 approved in in due course unified

tariff for the service of a regional operator.

2. The volume of municipal solid waste, places of collection and accumulation

municipal solid waste, including bulky waste, and

the frequency of removal of municipal solid waste, as well as information in

graphical view of the placement of places for the collection and accumulation of solid

municipal waste and access roads to them (with the exception of residential

houses) are determined in accordance with the annex to this 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 utilities

waste in the following order:

35 percent of the cost of services for the treatment of solid utilities

waste in the month for which payment is made, paid before the 18th

date of the current month, 50 percent of the cost of the specified services in the month,

for which payment is made, is paid before the end of the current month;

payment for services actually rendered in the past month

management of municipal solid waste, taking into account the funds previously

paid by the consumer as payment for such services rendered in

billing period, is carried out before the 10th day of the month following the

month for which payment is made. In case the volume

actually rendered services for the treatment of solid communal

waste for the past month is less than the amount determined by this

contract, the overpaid amount is credited against the future

payment for the next month.

A consumer in an apartment building or apartment building pays

utility service for the provision of services for the treatment of solid

municipal waste in accordance with housing legislation

Russian Federation.

7. Reconciliation of settlements under this agreement is carried out between

regional operator and consumer at least once a year

initiative of one of the parties by drawing up and signing by the parties

the relevant act.

The party initiating the reconciliation of settlements draws up and

sends to the other party the signed act of reconciliation of settlements in 2

copies by any available means (postal item, telegram,

fax message, telephone message, information and telecommunications network

"Internet"), allowing you to confirm receipt of such notification

addressee. The other party is obliged to sign the act of reconciliation of settlements in

within 3 working days from the date of receipt or submit

reasoned refusal to sign it with the direction of his version

act of reconciliation of accounts.

If you do not receive a response within 10 working days from the date of

sending to the party the act of reconciliation of settlements, the sent act is considered

agreed and signed by both parties.

III. The burden of maintaining container sites, special

sites for storage of bulky waste and territories,

adjacent to the place of loading of municipal solid waste

8. Regional operator for handling solid utilities

waste is responsible for the management of municipal solid waste with

the moment of loading such waste into a garbage truck at the places of collection and accumulation

solid municipal waste.

storage of bulky waste and the territory adjacent to the site

loading of municipal solid waste located on the adjacent

territory that is part of the common property of the owners of premises in

apartment buildings,

_______________________________________________________________________.

(owners of premises in an apartment building, a person

attracted by owners of premises in an apartment building

under contracts for the provision of services for the maintenance of common property

in such a house, another person specified in the agreement -

indicate what you want)

for storage of bulky waste and the territory adjacent to

the place of loading of municipal solid waste that is not part of the general

property of owners of premises in apartment buildings, bears

_______________________________________________________________________.

(owner of the land on which such

site and territory, another person specified in the agreement -

indicate what you want)

IV. Rights and obligations of the parties

11. The regional operator is obliged:

a) accept municipal solid waste in the volume and place,

which are defined in the appendix to this agreement;

b) ensure the collection, transportation, processing, neutralization,

disposal of accepted municipal solid waste in accordance with

the legislation of the Russian Federation;

c) provide the consumer with information in accordance with

disclosure standards in the field of handling solid

municipal waste in the manner prescribed by law

Russian Federation;

d) respond to complaints and appeals of consumers on issues,

related to the performance of this agreement, during the period,

established by the legislation of the Russian Federation for consideration

appeals of citizens;

e) accept necessary measures for timely replacement of damaged

containers owned or otherwise owned by him

legally, in the manner and within the time limits established

legislation of the subject of the Russian Federation.

12. The regional operator has the right:

a) exercise control over accounting for the volume and (or) mass of the accepted

solid municipal waste;

13. The consumer is obliged:

a) to store municipal solid waste in places

collection and accumulation of municipal solid waste, determined by the contract

for the provision of services for the treatment of municipal solid waste, in

in accordance with the territorial waste management scheme;

b) provide accounting for the volume and (or) mass of solid communal

waste in accordance with the Rules for the commercial accounting of volume and (or)

masses of municipal solid waste, approved by the resolution

approval of the Rules for commercial accounting of the volume and (or) mass of solid

municipal waste";

c) make payment under this agreement in the manner, amount and

the terms specified in this agreement;

d) ensure the storage of municipal solid waste in

containers or other places in accordance with the annex to this

contract;

e) prevent damage to containers, burning solid

municipal waste in containers, as well as at container sites,

warehousing in containers of prohibited waste and items;

f) appoint a person responsible for interaction with the regional

operator on the execution of this agreement;

g) notify the regional operator in any way possible

(postal item, telegram, fax message, telephone message,

information and telecommunications network "Internet"), allowing

confirm its receipt by the addressee, about the transfer of rights to objects

consumer, specified in this agreement, to the new owner.

14. The consumer has the right:

a) receive from the regional operator information about the change

established tariffs in the field of handling solid communal

waste;

b) initiate a reconciliation of settlements under this agreement.

V. Volume accounting procedure

and (or) masses of solid municipal waste

15. The parties agreed to record the volume and (or) mass

municipal solid waste in accordance with the Rules of commercial

accounting for the volume and (or) mass of municipal solid waste, approved

505 "On approval of the Rules for the commercial accounting of volume and (or) mass

municipal solid waste" in the following way:

_______________________________________________________________________.

(calculated based on the norms for the accumulation of solid

municipal waste, quantity and volume of containers for

storage of municipal solid waste or based on

masses of municipal solid waste - specify as necessary)

VI. The procedure for fixing violations under the contract

16. In case of violation by the regional operator of obligations under

hereof the consumer with the participation of a representative of the regional

operator draws up an act of violation by the regional operator

obligations under the contract and hands it over to the representative of the regional

operator. If the representative of the regional operator does not appear, the consumer

draws up the said act in the presence of at least 2 disinterested

persons or using photo and (or) video recording and within 3

working days sends an act to the regional operator with the requirement

eliminate the identified violations within a reasonable period of time, determined by

consumer.

Regional operator within 3 working days from the date of receipt

the act signs it and sends it to the consumer. In case of disagreement with

with a reasoned indication of the reasons for their disagreement and send such

objection to the consumer within 3 working days from the date of receipt of the act.

If it is impossible to eliminate violations within the time limits proposed

consumer, the regional operator offers other terms for elimination

detected violations.

17. If the regional operator has not sent a signed act

or objections to the act within 3 working days from the date of receipt of the act,

such an act is considered agreed and signed by the regional operator.

18. In case of receiving objections from the regional operator

the consumer is obliged to consider objections and, in case of agreement with

objections to make appropriate changes to the act.

19. The act must contain:

a) information about the applicant (name, location, address);

b) information about the object (objects) on which solid

municipal waste, in respect of which there were disagreements (full

name, location, authority to the object (objects), which

possessed by the party that sent the act);

c) information about the violation of the relevant clauses of the contract;

d) other information at the discretion of the party, including materials

photo and video filming.

20. The consumer sends a copy of the act of violation to regional

operator of obligations under the contract to the authorized body

executive power of the subject of the Russian Federation.

VII. Responsibility of the parties

21. For non-fulfillment or improper fulfillment of obligations under

The parties to this Agreement are liable in accordance with

the legislation of the Russian Federation.

22. In case of non-performance or improper performance

the consumer of obligations to pay for this agreement regional

the operator has the right to require the consumer to pay a penalty in the amount of

1/130 of the key rate of the Central Bank of the Russian Federation,

established on the date of presentation of the relevant claim, from the amount

debt for each day of delay.

23. For violation of the rules for handling municipal solid waste

in terms of storage of municipal solid waste outside the places of collection and

accumulation of such wastes defined by this agreement, the consumer

bears administrative responsibility in accordance with

the legislation of the Russian Federation.

VIII. Circumstances force majeure

24. The parties are released from liability for failure to perform or

improper performance of obligations under this agreement, if it

was the result of force majeure circumstances.

At the same time, the term for the fulfillment of obligations under this agreement

is extended in proportion to the time during which such

circumstances, as well as the consequences caused by these circumstances.

25. The party affected by the force majeure

forces, is obliged to take all necessary steps to notify the other

parties by any available means without delay, no later than 24 hours

from the moment of occurrence of force majeure circumstances, on the occurrence

the specified circumstances. The notice must include time information.

occurrence and nature of these circumstances.

The party must also without delay, no later than 24 hours from the moment

termination of force majeure circumstances, notify the other

IX. Contract validity

26. This agreement is concluded for a period of ________________________.

(date indicated)

27. This agreement is considered extended for the same period and for those

under the same conditions, if one month before the expiration of its validity, no

of the parties does not declare its termination or modification or the conclusion

new contract on different terms.

28. This agreement may be terminated before the end of its term.

action by agreement of the parties.

X. Miscellaneous terms

29. All changes that are made to this agreement are considered

valid if they are in writing, signed

authorized persons and certified by the seals of both parties (with their

availability).

30. In the event of a change in name, location or banking

details, the party is obliged to notify the other party in writing

form within 5 working days from the date of such changes by any available

ways to acknowledge receipt of such notification

addressee.

31. When executing this agreement, the parties undertake

be guided by the legislation of the Russian Federation, including

provisions of the Federal Law "On Production and Consumption Wastes"

and other regulatory legal acts of the Russian Federation in the field of

management of municipal solid waste.

32. This agreement is made in 2 copies, having equal

legal force.

33. The annex to this agreement is its integral

Regional operator Consumer

__________________________________ ___________________________________

"____" ______________ 20___ "____" ______________ 20___

Application
to a standard contract for the provision
solids handling services
municipal waste

Information
on the subject of the contract

I. Volume and place of collection and accumulation of municipal solid waste

II. Information in graphical form on the location of collection and accumulation sites for solid municipal waste and access roads to them (with the exception of residential buildings)

Document overview

The rules for handling municipal solid waste (MSW) have been approved. It's about on the collection, transportation, processing, neutralization and disposal of waste.

The grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of MSW have been established.

The form of a standard contract for the provision of services for the treatment of MSW was also approved. Defined essential conditions such an agreement and the procedure for its conclusion.

MSW management on the territory of the subject of the Federation is provided by regional operators in accordance with the regional program and the territorial waste management scheme.

The regional operator, within a month from the date of granting him the appropriate status, is obliged to send to all consumers at the address of an apartment building or residential building a proposal to conclude the specified contract and its draft.

The contract is concluded for a period not exceeding the period for which the legal entity has been assigned the status of a regional operator.

It has been clarified that vehicles and railway vehicles are subject to equipment with GLONASS or GLONASS/GPS satellite navigation equipment. vehicles used for transporting MSW.

A new concept has appeared in housing legislation - municipal solid waste (MSW). Accordingly, the definitions of "operator for the treatment of MSW", the standard for the accumulation of such waste, etc., also appeared. In addition, manufacturers and importers must now take responsibility for the disposal of waste from their activities and the payment of an environmental fee.

MSW - include not only small household and food waste but also old furniture, construction garbage and any other bulky waste.

The payment for MSW will be included in a separate line in the receipt and will be charged not per m2, but according to the number of residents.

Federal Law No. 404 of December 29, 2015 establishes " transition period» for introduction public service"MSW management" for a period up to 01/01/2017.

Federal Law No. 458-FZ dated December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Wastes”, Certain Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as Invalid” came into force on January 1, 2015 with the exception of certain provisions for which other dates of entry into force are established.

A phased change in the legal regulation of relations in the field of production and consumption waste management is envisaged: the rest of the changes provided for by the Federal Law come into force on December 29, 2014 (the date of the official publication of the Federal Law), from July 1, 2015, from January 1, 2016. , from January 1, 2017, from January 1, 2019

The main changes are made to the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Wastes”:

1. The main concepts used in the Federal Law of June 24, 1998 No. 89-FZ are specified.

So, production and consumption waste is now understood as substances or objects that are formed in the process of production, performance of work, provision of services or in the process of consumption, which are removed, intended for removal or subject to removal in accordance with Federal Law No. 89-FZ of June 24, 1998 .

The approach to the definition of the concept of "waste management" is changing: now it is the activity of collecting, accumulating, transporting, processing, recycling, neutralizing, placing waste (previously also this concept involved waste management activities, which have now been replaced by waste management and disposal activities).

In addition, a new concept of "municipal solid waste" is introduced - waste generated in residential premises in the process of consumption by individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.

Such concepts as storage, burial, recycling, waste disposal, waste disposal facilities, waste collection, waste accumulation are clarified. The following concepts are also introduced and disclosed: the standard for the accumulation of municipal solid waste, objects of burial, storage, disposal of waste, operator for the treatment of solid municipal waste, regional operator for the treatment of solid municipal waste, groups of homogeneous waste, balance of quantitative characteristics of formation, disposal, disposal , disposal of solid municipal waste on the territory of a constituent entity of the Russian Federation, waste from the use of goods, the standard for the disposal of waste from the use of goods.

2. Defined priority areas public policy in the field of waste management.

3. The creation of a unified state information system for accounting for waste from the use of goods is envisaged.

The specified system is a federal state information system that contains information on waste from the use of goods, on the availability of capacities of the main technological equipment for ensuring the disposal of said waste, and other information provided for by the legislation of the Russian Federation and is intended to monitor compliance with established disposal standards. The Government of the Russian Federation will have to determine the procedure for the creation, operation and modernization of the specified state information system. Providers of information to the specified system and users of the specified information are state authorities of subjects of the Russian Federation.

4. From January 1, 2016, the federal law specifies the requirements for waste management in architectural and construction design, construction, reconstruction, overhaul of buildings, structures and other facilities, requirements for the operation of buildings, structures and other facilities, requirements for handling waste of I-IV hazard classes, standardization in the field of waste management, specifics of regulation in the field of waste management from the use of goods are determined.

5. A transition to long-term tariff regulation in the field of waste management is envisaged. Gradually (from 01/01/2015, from 07/01/2015, from 01/01/2016 and from 01/01/2019) the powers in the field of waste management of federal state authorities and state authorities of the constituent entities of the Russian Federation are being expanded, the powers of local self-government bodies of settlements, urban districts and municipal districts.

The largest number of changes aimed at redistributing the powers of state authorities and local governments in the field of waste management come into force on January 1, 2016 in connection with the introduction of legal regulation of activities in the field of municipal solid waste management.

In particular, the Federal Law provides for the development and implementation in all constituent entities of the Russian Federation of regional programs in the field of waste management, as well as territorial schemes in the field of waste management, including municipal solid waste. The federal law establishes general requirements for the development and implementation of such regional programs and requirements for these territorial schemes.

Regional programs and territorial schemes will contain information on the sources of waste generation, their volumes, target indicators and a list of activities of the constituent entity of the Russian Federation for the collection, removal, disposal, neutralization and disposal of waste, sources of funding for these activities, as well as the location of facilities for recycling, neutralization and waste disposal, and are subject to mandatory publication on the official website of the subject of the Russian Federation on the Internet for general and free access. The adoption of these programs and schemes will allow investors to calculate the load of enterprises.

Approval of territorial schemes in the field of waste management, including municipal solid waste management, by authorized bodies and granting legal entities the status of a regional operator for the management of municipal solid waste must be carried out no later than six months from the date of entry into force of the requirements for the composition and the content of such schemes.

From January 1, 2016, the provisions of Chapter V.1 of the Federal Law of June 24, 1998 No. 89-FZ “Regulation of activities in the field of municipal solid waste management” come into force, which provides that the collection, transportation, processing, disposal, disposal , disposal of municipal solid waste on the territory of a constituent entity of the Russian Federation is carried out by a regional operator in accordance with the regional waste management program and the territorial waste management scheme. The operator for the treatment of municipal solid waste - a legal entity will be assigned the status of a regional operator and the area of ​​its activity will be determined on the basis of a competitive selection, which will be carried out by the authorized executive body of the constituent entity of the Russian Federation in the manner established by the Government of the Russian Federation. The status of a regional operator will be assigned for a period of at least ten years.

Regional operators will be obliged to carry out their activities on the basis of contracts for the provision of services for the treatment of municipal solid waste, concluded with the owners of solid municipal waste. Such an agreement will be public for the regional operator. Owners of municipal solid waste will be required to conclude a contract for the provision of services for the treatment of municipal solid waste with a regional operator in the area of ​​activity of which solid municipal waste is generated and there are places for their collection. 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 places specified in this agreement, and ensure their collection, transportation, processing, neutralization, disposal in accordance with the legislation of the Russian Federation, and the owner municipal solid waste 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. The Government of the Russian Federation will approve the standard form of such an agreement.

The federal law also provides for the types of activities and tariffs in the field of municipal solid waste management that are subject to regulation. The regulated activities in the field of municipal solid waste management will include: processing of municipal solid waste; disposal of solid municipal waste; disposal of solid municipal waste; provision of services for the treatment of municipal solid waste by a regional operator.

Regulated activities in the field of solid municipal waste management will be carried out at prices determined by agreement of the parties, but should not exceed the marginal tariffs for the implementation of regulated activities in the field of solid municipal waste management, established by the executive authorities of the constituent entities of the Russian Federation authorized in the region. tariff regulation.

The following types of marginal tariffs in the field of municipal solid waste management will also be subject to regulation: a single tariff for the service of a regional operator for municipal solid waste management; tariff for the treatment of municipal solid waste; tariff for neutralization of municipal solid waste; tariff for the disposal of solid municipal waste.

For the purposes of the organization new system of legal regulation of activities in the field of waste management, including municipal solid waste, from 01.01.2016, the powers of the constituent entities of the Russian Federation in the field of waste management will include, among other things:

• development and implementation of regional programs in the field of waste management, including municipal solid waste, participation in the development and implementation of federal programs in the field of waste management;
• adoption in accordance with the legislation of the Russian Federation of laws and other regulatory legal acts of the constituent entities of the Russian Federation, including those establishing the rules for the implementation of the activities of regional operators, control over their implementation;
• approval of marginal tariffs in the field of solid municipal waste management;
• approval of investment programs for municipal solid waste management operators carrying out regulated activities in the field of municipal solid waste management, in accordance with which the construction, reconstruction and (or) modernization of facilities used for municipal solid waste management will be carried out;
• approval of production programs of operators for the treatment of municipal solid waste, carrying out regulated activities in the field of solid municipal waste management;
• establishment of standards for the accumulation of municipal solid waste;
• organization of activities for the collection (including separate collection), transportation, processing, disposal, neutralization and disposal of municipal solid waste;
• approval of the procedure for collecting municipal solid waste (including their separate collection);
• regulation of the activities of regional operators, with the exception of establishing the procedure for their competitive selection;
• development and approval of a territorial scheme for waste management, including municipal solid waste.

The powers of local governments in the field of waste management from the specified date will include participation in the organization of activities for the collection (including separate collection), transportation, processing, disposal, neutralization or disposal of solid municipal waste in the territories of the respective municipalities (the scope of authority is different depending on the level of the municipality - a settlement, a municipal district or an urban district).

Thus, starting from 01.01.2016, the authority to organize activities for the collection (including separate collection), transportation, processing, disposal, disposal, disposal of solid municipal waste is transferred from local governments to state authorities of the constituent entities of the Russian Federation. Corresponding changes aimed at the redistribution of powers in the field of waste management were also introduced into the Federal Laws of October 6, 1999 No. 184-FZ “On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” and No. 131-FZ of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation”.

The federal law also introduces relevant legal and technical changes to the Housing, Urban Planning, Water and Land Codes of the Russian Federation, Law of the Russian Federation of February 21, 1992 No. 2395-I "On Subsoil", Federal Laws of November 23, 1995 No. 174-FZ "On Environmental Expertise" , dated 30.03.1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population", dated 04.05.1999 No. 96-FZ "On the protection atmospheric air”, dated 10.01.2002 No. 7-FZ “On Environmental Protection”, dated 07.21.2007 No. 185-FZ “On the Fund for Assistance to the Reform of Housing and Communal Services”, dated 07.12.2011 No. 416-FZ “On Water Supply and Sanitation” and other legislative acts of the Russian Federation.

Amendments introduced by Federal Law No. 458-FZ dated December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Wastes”, Certain Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as Invalid”, to the Housing Code RF come into force from 01.01.2016:

1. The list of housing and communal services and the procedure for calculating the amount of payment for the collection and removal of solid domestic waste are being changed.

Utilities from the specified date will include a utility service for the treatment of municipal solid waste. At the same time, the collection and removal of solid household waste should be excluded from the list of services and works for the maintenance of common property in an apartment building. Corresponding changes to the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 13.08.2006 No. 491, and the Minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 03.04.2013 No. 290 , however, are currently not included.

The introduction of a new communal service - services for the treatment of municipal solid waste - will entail a change in the procedure for calculating the amount of the fee for the collection and removal of municipal solid waste (currently, the fee for this service is determined per 1 sq. m of the total area occupied by the consumer of premises in an apartment building ). According to the amendments introduced by the Federal Law, the payment for the utility service for the treatment of municipal solid waste will be calculated based on the standards for the accumulation of municipal solid waste, which will be approved by the authorized state authorities of the constituent entities of the Russian Federation.

2. An obligation is established:

• owners of residential buildings or parts of residential buildings, as well as owners of premises in multi-apartment buildings that implement the direct method of managing an apartment building, ensure the management of municipal solid waste by concluding an agreement with a regional operator for the management of municipal solid waste. Under the treatment of municipal solid waste for the purposes of the Housing Code of the Russian Federation and other acts housing law refers to the collection, transportation, disposal, disposal of solid municipal waste;
• management organization, HOA, housing cooperative to conclude an agreement with a regional operator for the treatment of municipal solid waste in relation to apartment buildings under their management.

3. The features of paying for the utility service for the treatment of municipal solid waste have been established when various ways apartment building management.

The managing organization, HOA or housing cooperative or other specialized consumer cooperative, which receive payment for the utility service for the treatment of municipal solid waste, make settlements for the service rendered with the regional operator for the treatment of municipal solid waste, with which such a managing organization, HOA or housing a cooperative or other specialized consumer cooperative has concluded an agreement for the provision of services for the treatment of municipal solid waste in accordance with the requirements established by the Government of the Russian Federation.

At the same time, based on the decision of the general meeting of owners of premises in an apartment building (when the house is managed by a managing organization), the decision of the general meeting of members of the HOA, housing cooperative (when managing the house of the HOA or housing cooperative), the payment for the utility service for the management of municipal solid waste may be paid by consumers directly to the regional operator for the treatment of municipal solid waste. At the same time, the payment to the regional operator is recognized as the fulfillment by the consumer of his obligations to pay for the utility service for the circulation of solid municipal waste to the managing organization, partnership, housing cooperative.

With the direct management of an apartment building by the owners of premises in an apartment building, a municipal solid waste management service is provided to owners and users of premises in this building by a regional operator for municipal solid waste management.

It should be especially noted that the regional solid waste management operator is responsible for the provision of municipal services for the management of municipal solid waste starting from the place of collection of municipal solid waste, unless otherwise provided by the contract.

Good afternoon, dear subscribers, this moment, I receive a lot of requests for waste management, in particular MSW. In this article, I suggest you deal with key concepts what awaits us in the future.

So let's start with the main thing, with the regulatory framework:

Municipal solid waste passes in FKKO under group 7 30 000 00 00 0

We draw your attention to Art. 1 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”, a new term has appeared:

Municipal solid waste - waste generated in residential premises in the process of consumption by individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.

The federal law defines the priorities, principles and targets for the management of municipal solid waste (MSW):

1. maximum use of raw materials and materials;
2. prevention of waste generation at the source of their generation;
3. reduction in the volume of formation and reduction of the hazard class of waste in the sources of their formation;
4. waste treatment;
5. recycling;
6. waste disposal;
7. waste disposal in an environmentally friendly manner in a safe way;
8. introduction of mechanisms for economic regulation of circulation activities;
9. gradual introduction of a ban on the disposal of types of consumer waste containing organic components; without prior mechanical and chemical processing waste and their sorting by components to be used (recycled); in facilities for the placement of consumer waste that do not meet the environmental requirements established for such facilities.

About the regional operator for the treatment of municipal solid waste

The legislation introduces a new economic entity - a regional operator for the treatment of municipal solid waste. From January 01, 2017, the authorized executive body of the constituent entities of the Russian Federation will conduct a competitive selection of regional waste management operators

The regional operator may involve waste management operators. However, since these types of activities, with the exception of collection and transportation, are classified by the Federal Law as licensed types of activities, it is expected to involve professional organizations capable of providing such services in a qualified manner. The regional operator carries out regulated activities in accordance with the regional program and territorial scheme in accordance with the rules established by federal and regional legislation.

A regional operator - one or more - is selected for 10 years, he will be able to plan his work and offer minimum tariffs, serve the population according to territorial schemes, and also pay for waste disposal.

The scheme is not a formality. This is a prerequisite for choosing a regional operator.

Regional operators enter into contracts for the provision of services for the treatment of municipal solid waste with the owners of municipal solid waste, unless otherwise provided by the legislation of the Russian Federation. The contract for the provision of services for the treatment of municipal solid waste is public for the regional operator. The regional operator is not entitled to refuse to conclude an agreement for the provision of services for the treatment of municipal solid waste to the owner of municipal solid waste that is generated and the collection points of which are located in the zone of its activity. Regional operators have the right to conclude contracts for the provision of services for handling other types of waste with the owners of such waste.

At the moment, 48 territorial schemes have been approved and agreed by Rosprirodnadzor.

From January 1, 2016 Art. 23 of the Federal Law No. 89-FZ was supplemented by paragraphs. 4 and 5, in accordance with which the payment for the negative impact on the environment (hereinafter referred to as NEP) when placing waste (with the exception of MSW) will be carried out by individual entrepreneurs, legal entities, in the course of which economic and (or) other activities generate waste , while the payers of the fee for NWOS when placing MSW will be operators for the treatment of MSW, regional operators engaged in their placement.

In addition, according to paragraph 9, which was supplemented from January 1, 2016, Art. 23 of the Federal Law No. 89-FZ, the costs of paying for NWOS when placing MSW will be taken into account when setting tariffs for an operator for the treatment of MSW, a regional operator in the manner established by the pricing principles in the field of MSW handling.

From January 1, 2017, a norm comes into force according to which the disposal of waste, which includes useful components that are subject to disposal, is prohibited. The list of such waste types has been formulated and will soon be approved by the government.

At the first stage, starting next year, it is proposed to ban the disposal of scrap and waste of ferrous and non-ferrous metals, equipment waste and other products containing mercury.

We invite you to familiarize yourself with the federal law on production and consumption waste in the file below. About everyone necessary information find out in the source of up-to-date information on the site. We are working for you.

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The note was prepared by my assistant for the development of the rubric “ Environmental Safety» Xenia Raldugina.

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

What does this concept mean?

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

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

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

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

Can be disposed of in trash cans:

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

Do not throw into garbage containers:

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

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

You need to know the basic rules for handling them.

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

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

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

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

Amendments to the law on the accumulation of municipal waste

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

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

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

Determination of standards for the accumulation of municipal waste

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

These include:

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

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

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

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

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

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

To do this, a number of steps are taken.

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

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

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

What do standards depend on?

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

They are influenced by the following factors:

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

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

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

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

MSW standards for each person

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

They are:

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

They are calculated taking into account population density.

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

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

Temporary standards

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

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

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

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

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

New regulations. Are they needed?

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

The measures taken will help:

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

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

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

From now on, the legislation refers to the areas where it will be a public service, and not part of household services, from now on. Let's try to figure out what legal norms govern this service.

Changes in the law on the removal of MSW in 2019

The main changes in the waste management procedure occurred back in 2017, when the concept of municipal solid waste (MSW) itself appeared and the order was given to the regions to determine regional operators for the management of MSW.

Note! In the course of 2018 and since the beginning of 2019, new rules for the treatment of MSW have again appeared:

1. Since 01/01/2018, electronic auctions conducted by regional operators have been introduced. Based on the results of the auctions, prices for the collection and transportation of MSW are formed (Decree of the Government of the Russian Federation of October 20, 2017 No. 1280).
2. From 01/05/2019, a transitional period is provided for the conversion of waste disposal sites - old landfills that do not have special documentation can be operated without it until January 1, 2023.
3. In Art. 29.1 of the law "On Waste ..." dated 06.24.1998 No. 89-FZ, clause 6 was added from 01.01.2019. It allows the regional authorities, if it was not possible to hold a tender to select a regional operator, to appoint as such another regional operator operating in this subject of the Russian Federation, or another organization with a license for waste removal.
4. In 2019, in relation to the definition of standards and limits, a different approach to small and big business. Now the applicability of a particular rule to an enterprise is determined by assigning it to one or another category, determined by the degree negative impact on the environment (see Article 4.2 of the Law of January 10, 2002 No. 7-FZ “On Environmental Protection”). Thus, an enterprise of category I determines the standards on the basis of an integrated environmental permit.

Who is the contract for the collection and removal of MSW

Note! According to paragraph 2 of Art. 9 of Law No. 89-FZ for waste management, you must have a license. It can be obtained by both an organization and an individual entrepreneur.

In 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 N 354 specifies that the contract is concluded with consumers, which include:

• the owner of the premises in the MKD, incl. non-residential;
• owner of a residential building / home ownership;
• tenant/renter.

The contract can also be concluded with organizations representing the interests of these consumers:

• management company;
• partnership / cooperative of homeowners;
• organization, including non-profit, representing the interests of owners of private houses.

Other owners of MSW can be individual entrepreneurs and firms engaged in entrepreneurial activities.

The owners of MSW, in turn, are obliged to conclude an agreement with a waste disposal organization (see the letter of the Ministry of Natural Resources “On the implementation of the provisions of Law No. 89-FZ” dated November 29, 2018 No. 12-50 / 09872-OG).

Important! Owners of waste - legal entities (and entrepreneurs) have the right to export waste on their own, only if they have a license to export waste.

Note! Services for the treatment of MSW are not provided for general house needs (clause 148 (29) of Regulations No. 354).

Who can become a regional operator

According to paragraph 4 of Art. 24.6 of Law No. 89-FZ, the status of a regional operator is assigned to an organization that won a tender organized by an executive authority of a constituent entity of the Russian Federation in accordance with the rules approved. Decree of the Government of the Russian Federation No. 881 dated September 5, 2016 (hereinafter referred to as the Rules). Only a legal entity can participate in the competition (clause 4, article 24.6 of Law No. 89-FZ). To do this, the legal entity must meet the following requirements:

• be registered in the Russian Federation;
• have a license for all types of activities related to waste;
• not have debts to the Federal Tax Service and not be under bankruptcy or liquidation procedures;
• provide an irrevocable bank guarantee valid for 1 year from the date of signing the agreement with subsequent prolongation;
• hire as leaders or members of the collegiate executive body, chief accountant of people who do not have an unexpunged / outstanding criminal record.

The participant of the competition sends a written application, sealed in an envelope, which contains:

• fresh extract from the Unified State Register of Legal Entities;
• an order appointing the applicant to a position, giving him the right to act on behalf of and in the interests of the organization, that is, a document confirming eligibility;
• copies of constituent documents, certified by the signatures of the management;
• decision on the approval of a major transaction, if such is required by law or constituent documents, etc.

The procedure for opening envelopes, their consideration, evaluation, comparison is regulated in detail in the Rules.

The firm that sends an application with the most favorable conditions for the execution of the agreement wins the competition.

Agreement on the removal of MSW for residents of the private sector

Currently, regional operators in the constituent entities of the Russian Federation have been identified.

Note! According to the letter of the Ministry of Construction dated December 30, 2016 No. 45067-АЧ/04, several regional operators can be elected in one subject of the Russian Federation, which can themselves provide the full range of services or involve other operators to help. In any case, these organizations must conclude contracts with consumers - residents of MKD or private houses.

The contract is concluded in writing or by performing conclusive actions (paragraph 148 (1) of Regulation No. 354).

The form of the agreement for the provision of services for the treatment of MSW was approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 (hereinafter - Regulations No. 1156).

It should indicate:

• time and place of his conclusion;
• name of the regional operator, full name his official representative indicating the position;
• FULL NAME. consumer, his passport data;
• subject of the contract: services provided by the regional operator, the obligation of the consumer to pay for them, the volume, method and frequency of MSW removal, the method of MSW storage (garbage chutes, containers, etc.),
• date of commencement of the provision of services;
• term and procedure for payment under the contract;
• rights, obligations, responsibilities of the parties, etc.

The contract is concluded in 2 copies.

The procedure for handling MSW

Rules No. 1156 name services for the treatment of MSW and list the essential terms of contracts for their provision. These are the services:

• waste collection and transportation;
• processing, recycling, neutralization and disposal of MSW.

Features of the provision of these services in accordance with the rules No. 1156 are reflected in our table.

Waste collection and transportation services	Services for the processing, disposal, disposal and disposal of MSW
the contract determines the place of collection and storage of waste in accordance with the scheme, approved. executive authority	technologies of automated sorting of MSW are priority
the regional operator exports, among other things, bulky waste in accordance with the law and at the request of consumers	when processing MSW, wastes of I and II hazard classes are removed, they are not allowed to enter MSW disposal sites
responsibility for the management of MSW is borne by the regional operator from the moment the waste is loaded into the garbage truck	operators that neutralize and dispose of MSW in the area of ​​operation of a regional operator conclude an agreement with the latter, etc.
subjects of the Russian Federation may impose on consumers the obligation to separate MSW by type and store them separately

Note! According to clause 39 of Regulation No. 1156, an agreement for the disposal of MSW can be concluded not only with a regional operator, but also with individual entrepreneurs and organizations that have such a license.

So, the legislation on the export of solid waste in 2018 - 2019 contains a number of innovations, in its development and consolidation, regulations are being adopted at all levels. The introduction of a new system for the collection, transportation, disposal of MSW is currently underway and will continue until the end of 2019.

For violation of mandatory sanitary requirements, both citizens and organizations that incorrectly store, export and place waste will be fined -