MSW waste - what is it? What is municipal solid waste and how to handle it.

MSW waste is an acronym that arose relatively recently. Somewhat earlier in the conversation, as well as in documents, this type of waste was called MSW (solid biological waste).

In addition to changing the abbreviation and list of MSW waste, the Federal Law introduced changes to the methods of waste disposal. We will tell you more about everything in the article.

What it is?

Municipal solid waste - interpretation of MSW waste. The concept was officially established by Federation Law No. 458-FZ of December 29, 2014.

Based on the content of this Federal Law, MSW is all waste that is generated and accumulated in residential premises as a result of human activity, as well as consumer goods that have expired. Also, the legislation classifies municipal solid waste as garbage that is generated as a result of the activities of legal entities and individual entrepreneurs.

Thus, we can come to the conclusion that MSW is the waste that is generated as a result of human activities, enterprises and organizations.

Types of MSW

Waste related to MSW is divided into 2 categories:

  • biological - those that are also called waste;
  • non-biological - ordinary household waste.

Consequently, municipal solid waste includes most of the city's garbage. Biological MSW is food and vegetable waste, bones, etc. Non-biological waste is synthetic waste (glass, plastic, cellulose, textiles, polyethylene, etc.)

Differences between MSW and MSW

MSW - solid municipal waste. MSW - solid biological waste. The first concept officially, according to established law, replaced the second. Therefore, solid waste remains only in colloquial speech, it no longer appears in the documentation.

MSW waste is a more expanded concept than household waste. The thing is that MSW includes not only waste that is regularly removed from residential buildings and apartments, but also garbage that accumulates in offices and enterprises during the working day.

MSW and MSW are carried same meaning, so there is nothing to worry about ordinary person is to confuse these 2 concepts. Important These abbreviations are for enterprises and organizations involved in the collection and disposal of waste near residential buildings and industrial buildings. After all, these enterprises work with documentation that exclusively refers to the reduction of MSW.

Before Federal Law No. 438, payment for garbage removal was based on the status of the premises - residential or non-residential, as well as on the number of square meters. After this law comes into force, payment for garbage collection services depends on the status of the consumer - an individual or a legal entity.

The fact is that ordinary residents of apartments and houses accumulate and take out much less garbage than what is collected from enterprises and offices. Of course, the payment for the former will be much less than for the latter.

Thus, MSW and MSW are practically equivalent concepts. Only the first remains spoken, and the second appears in documents and reports.

What waste is classified as MSW according to FKKO?

In the Federal Classification Catalog, a whole section is devoted to MSW waste. In block No. 7 you can find the categories to which this or that type of garbage belongs.

7 (30 000 00 00 0) - catalog number dedicated to municipal solid waste. Below is an “extract” from the FKKO, which reflects the lists of the main types of waste:

7 31 110 01 72 4 unsorted waste from apartments
7 31 110 02 21 5 bulky waste from apartments
7 31 200 01 72 4 garbage and swept dirt collected from the streets
7 31 200 02 72 5 garbage collected after cleaning park areas
7 31 200 03 72 5 rubbish and waste collected from public flower beds and cemeteries
7 31 205 11 72 4 estimates collected near curbs near traffic roads
7 31 211 01 72 4 waste from snow retention grates
7 31 211 11 39 4 residue from snow melting equipment with a higher proportion of SiO 2 content
7 31 300 01 20 5 plant remains from lawns and flower beds
7 31 300 02 20 5 leftovers plant nature after sawing trees, cutting bushes
7 33 100 01 72 4 rubbish from office premises, small-sized
7 22 100 02 72 5 rubbish from office and household premises, which is practically harmless
7 33 151 01 72 4 garbage from floating Vehicle not intended for the transport of people

This is far from full list MSW waste from FKKO. But having already looked through a small excerpt from the catalog, you can see many repetitions with minor clarifications. There is no significant difference in this, except for differences in the categories of danger.

Some types of MSW also belong to some other sections of the classification catalogue: section No. 4 “Industrial and non-industrial consumer waste”.

Collection rules

MSW waste is garbage that is subject to certain rules appeals. All these rules are spelled out in the official document “On the management of solid waste” dated November 12, 2016 No. 1156.

MSW waste management: collection, removal, disposal is carried out by a specially appointed regional organization, which is fully responsible for the actions taken.

Places for collecting waste from residential premises are stated in the agreement concluded with such a regional organization. Most often, waste collection is carried out:

  • in containers or single-use packages provided by this regional organization;
  • in containers, trash cans or other large containers placed on a specially designated area on the street;
  • into waste collection chambers located in residential buildings.

This applies to small waste. Large ones are collected in the following places:

  • in special bunkers located on the sites;
  • in a specially designated area.

The main thing when following handling rules is to separate waste of hazard classes 1 and 2 from safe ones.

Disposal methods

Ways to get rid of solids municipal waste some:

Burial

Disposal of solid waste is the most financially profitable way to dispose of waste. Beneficial financially, but detrimental to environment, since many types of MSW do not decompose at all or it will take several tens, and possibly hundreds of years. In addition, burial requires the use of vast areas of land. A special burial site is allocated for this purpose.

Landfills must be located behind residential areas, as well as away from water protection, recreational, medical and preventive areas, and park areas.

Some processed and landfilled waste can release dangerous gases that can harm the environment. This landfill gas also needs to be collected and disposed of.

Thus, we can come to the conclusion that burial has only one advantage over other methods of MSW disposal - low cost.

Burning

Incineration of MSW waste is the most common method of disposal. After burning garbage, all that remains is ash, which is easier to dispose of than the original form of solid household waste.

The disadvantage of combustion is that during the combustion process a large amount of harmful and even hazardous substances. Therefore, carry out the process of recycling a huge amount of waste using this method under open air forbidden. For this purpose, special ovens are used that have the function of neutralizing the released gases.

To the benefits this method The elimination of MSW can be attributed to small financial costs, as well as the fact that after burning the garbage there is nothing left except ash, which is easy to dispose of. If you approach the waste incineration process rationally, the generated heat can be used to generate heating and/or electricity.

One of the methods for safe burning of waste has been developed - pyrolysis. Its essence lies in the thermal elimination of waste, but without the presence of air. In this way, no harmful gases or fumes are generated during the process.

Composting

Composting is only applicable for vegetable or food grade, since composting is nothing more than decomposition. Collected together organic waste exposed to microorganisms that, through their activity, transform waste into compost.

Compost is considered the most best view fertilizers, since it consists exclusively of organic raw materials. This type of fertilizer is widely used in agriculture.

For composting MSW, a plot of land is allocated far from residential areas, where there is a lot of moisture and shade, and there is also the possibility of removing excess moisture.

If we judge the advantages of this method, there are several of them:

  • environmental safety;
  • cheapness;
  • getting something useful for Agriculture fertilizers;
  • improving the condition of the land on which the composting process is carried out.

There are few disadvantages:

  • allocation of a large area of ​​land;
  • an unpleasant odor released during the decay process.

With the help of composting, it is possible to safely dispose of 35% of the total amount of MSW. But to this process recycling proceeded unhindered, it is necessary to sort organic waste from synthetic waste. To do this, in some yards, separate containers are installed for plastic, glass, etc. In European countries, this has been practiced for a long time.

In Russia, there is an active collection system for used batteries, old light bulbs, mercury thermometers.

Recycling

Some MSW waste can find a “second life”. For this purpose, a disposal method such as recycling of recyclable materials is used. This method allows not only to reduce the amount of waste several times, but also to significantly save natural resources.

The following types of waste can be recycled:

  • ferrous and non-ferrous metals, which are sent under the press and then remelted;
  • timber, which helps reduce tree felling;
  • plastic, but recycling this material is much more expensive than its primary production;
  • glass, which is used as a recyclable material in construction;
  • petroleum products (oils, asphalt);
  • waste paper that goes into production new paper;
  • used electronics.

Hazard Class

The overwhelming majority of waste related to MSW have hazard classes 4 and 5. Class 5 includes the most environmentally friendly waste, and Class 4 includes low-hazard waste.

When disposing of class 5 waste, no official confirmation or preparation of a waste passport is required. This type of MSW waste includes saw cuts and fellings of trees, bush branches, leaves, and garbage collected from parks and alley areas. All this can be exported and liquidated without licenses or other documents.

MSW handling - what is it on the receipt? This year, a phased transition to MSW (municipal solid waste management service) began from the municipal solid waste removal service. 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 management of MSW became one of the public services. This is provided for in Part 4 of Art. 154 Housing Code of the Russian Federation. From January 1, 2019, the payment procedure for MSW has changed.

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

  • Rules for the management of municipal solid waste MSW were approved (Resolution of the Government of the Russian Federation dated November 12, 2016 No. 1156);
  • changes have been made to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved. Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354). These innovations are provided for by Decree of the Government of the Russian Federation dated February 27, 2017 No. 232 (hereinafter referred to as Resolution No. 232).

Who will provide public services for the management of solid waste?

You will provide this utility together with the regional MSW management operator. You are responsible for maintaining the waste accumulation site (container site), and the regional operator is responsible for providing the waste management itself starting from the accumulation site.

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

If the MKD is not equipped centralized system drainage, then the removal of liquid household waste, as before, is the responsibility of the organization managing the MKD (subclause “e”, clause 11 of the Rules for the maintenance of common property in MKD, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as 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 dated April 3, 2013 No. 290 (hereinafter referred to as the Minimum List).

When will the new utility system start working?

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

  1. A single tariff for MSW management has been approved in a constituent entity of the Russian Federation.
  2. Organ executive power subject of the Russian Federation and the regional waste management operator entered into an agreement with each other.

2019

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

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

Until the two conditions indicated 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 utilities for the management of solid waste with a regional operator. Then you're on legally will be able to provide this utility service to consumers. This is provided for in clause 148(7) of Rules No. 354. The standard form of the agreement was approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156.

  • Solid waste management and the main problems on the way to its optimization

Agreements with premises owners for the provision of new services for the management of solid waste

You will provide waste management services to the container site and enter into an agreement with the owners of the premises in the apartment building.

What kind of agreement will need to be concluded depends on the method of managing the apartment building:

  • when managing a management facility - a management agreement for apartment buildings. Concluded between the management company and the owners of residential premises and parking spaces, persons who received premises from the developer, or the developer, partnership or cooperative;
  • when managing HOAs, residential complexes, housing cooperatives - an agreement on the provision of utility services for the management of solid waste. It is concluded between a partnership or cooperative and the owners of residential premises and parking spaces.

With the direct method of managing apartment buildings, an agreement for the provision of services for the management of solid waste with a regional operator is concluded by the owners of premises in the apartment building.

This procedure is enshrined in clause 148(4) of Rules No. 354.

Requirements for the provision of municipal services for the management of solid waste

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

For your information

The regional operator must send you an offer to conclude an agreement within a month from the date of receipt of the appropriate status. Regardless of the method of managing MKD, the regional operator enters into an agreement for the provision of services for the management of MSW with the owners non-residential premises(paragraph 3, paragraph 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 established in Section. VII of Annex 1 to Regulation No. 354.

The municipal solid waste management system is not provided for general household needs. This is provided for in paragraph 148(29) of Regulation No. 354.

MSW charge on utility bill

When will it take effect in your region? new order, you will have to exclude the fee for garbage removal from the residential maintenance fee. “Management of solid waste” will need to be indicated as a separate line on the receipt.

The fee will be calculated based on the number of consumers permanently and temporarily residing in the premises, unless a constituent entity of the Russian Federation has made a decision to calculate the fee based on the total area of ​​the residential premises.

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

  • whether the government authority of a constituent entity of the Russian Federation made a decision on calculating fees for the management of solid waste based on the total area of ​​the residential premises;
  • MSW is collected and accumulated separately or without separation in the MKD.
  • On optimization of solid waste management in the housing and communal services system
  • organization and maintenance of such places, including maintenance and cleaning of garbage chutes, garbage receptacles, container sites;
  • organizing the collection of waste of I–IV hazard classes (hereinafter referred to as hazardous waste), for example, waste mercury-containing lamps;
  • broadcast hazardous waste in organizations that have licenses for the collection, transportation, processing, disposal, neutralization and disposal of such waste.

This is provided for in sub-clause “d(2)” clause 11 of Rules No. 491 and clause 26(1) of the Minimum List.

12/26/2018, Sashka Bukashka

Payment for utility services hides many things that are incomprehensible to common man notation. We continue to reveal their meaning for you, and now it’s your turn to find out what MSW is in an apartment receipt.

In 2017-2018, many consumers for the first time encountered a line such as “payment for MSW management” in their payment receipts. In 2019, this line will become familiar to all residents of apartment buildings, because the Government of the Russian Federation has removed this service from general building needs. So what is hidden behind this mysterious abbreviation?

MSW handling: what's on the receipt

The abbreviation stands for very simply: “municipal solid waste”. This concept has been included in the Housing Code since 2016. According to the standards, now the management of solid waste is a public service. And if previously it was paid for centrally by management organizations or housing maintenance associations, and apartment owners simply paid for it as part of general house needs, now the situation has changed. All residents must pay for garbage removal (and this is exactly such a service), and the functions of the management organization, as before, include concluding an agreement for its implementation.

Regional operators and separation of duties

Each region must determine an operator for the management of municipal solid waste and establish uniform tariffs for the removal of garbage and other waste, as well as their processing. In its turn, management organization must enter into a waste removal agreement, as well as:

  • keep container areas clean;
  • equip them and ensure correct placement.

In turn, the operator is obliged to remove waste to landfills according to the schedule, as well as:

  • sort waste;
  • treat waste;
  • neutralize and bury them.

This entire cycle is included in the fee that residents pay on their housing and communal services receipt. The transition period to the new order is set until 01/01/2019. Therefore, last year, residents of regions where a regional operator had not yet been selected, or of houses whose management or HOA had not yet entered into an appropriate agreement, could pay for garbage removal according to the old rules and not see the line “MSW management” in their documents. But in 2019 everything will change.

How to pay for MSW using a receipt

When household waste were included in general house needs, payment for them was not allocated, and the cost was distributed in multiples of the area of ​​​​the apartment or other premises in apartment building. Now that it is a separate utility, it has its own line item. The fee standard is determined depending on the number of people living. The tariff is set at the regional level and depends on various factors:

  • actual number and volume of containers used;
  • availability of conditions and opportunities for sorting and separate storage (this will make it possible to set a lower tariff than for unsorted waste);
  • the predominance of waste that is not subject to burial and incineration (garbage that can be recycled).

Officials calculate the standard based on the average “production” of waste by one person. Age, health and social status do not play a role in this case. Utility service for the management of municipal solid waste is controlled by the state and municipal authorities in terms of setting tariffs and fulfillment of their duties by service operators. Therefore, the document must contain exactly the tariff that is approved in the region.

From the beginning of 2019, the system of collection and disposal of municipal solid waste (MSW) will change dramatically. According to Federal Law No. 458 dated December 29, 2014, letter of the Ministry of Construction No. 45067-ACh/04 dated December 30, 2016, each subject Russian Federation will be divided into zones where regional operators involved in the removal and disposal of MSW will be selected.

The regional operator will be selected according to the rules established by the Post. No. 881 dated 09/05/2016. The company selected on a competitive basis will be responsible for all stages of collection, processing and disposal.

A company planning to become a regional operator must have state. registration on the territory of the Russian Federation, a set of documents for working with waste of grades 1-4, as well as the necessary technical, technological and transport conditions and capabilities.

In addition, the company should not be in bankruptcy, have debts or fines for violating waste management laws. Preference will be given to companies that use advanced environmentally friendly waste management methods and also focus on waste sorting.

Regional operators will take care of waste collection sites

Selected regional operators will be responsible for all issues related to export. In addition to their current work, they will be tasked with eliminating illegal dumps on their property. The area of ​​responsibility will also include the cleanliness of garbage containers at the MSW collection site. As a result, each discarded piece of paper will have an owner who will be responsible for its disposal.

The legal gap that makes many waste collection sites look unpresentable will disappear. Now the municipality is responsible for waste collection areas located on municipal land, and the management company is responsible for waste container sites located in local areas. This will no longer happen in 2019. The regional operator will be responsible for all sites. It is his representative who will need to complain if scattered and uncleaned garbage is left after the garbage truck.

MSW collection will become separate

Operators will have to provide the population with a sufficient number of containers for household waste. Waste that needs to be sorted will be collected in one container, and unsorted waste in the other. If these rules are violated, companies involved in the collection and transportation of waste will be charged increased fees for accepting unsorted waste into the landfill. In some regions, you will have to pay 10 times more for 1 m² of waste that has not been sorted.

Unfortunately, all costs associated with the implementation of new laws will often be included in the cost of services and passed on to residents. As practice shows, this is exactly what happened in many regions. There is already information from the regions about significant increases in fees for the removal of MSW. According to N 486-FZ dated December 28, 2016, all Russians will be familiarized with the new prices for this service by July 1, 2018.

Landfills will not be issued licenses without equipping MSW sorting areas

This decision was made in many areas, including the Leningrad region, where it was officially announced that starting from 2019, no landfill that does not have a sorting system will be able to obtain or renew a license. This will reduce the volume of landfilled MSW by 20%.

Similar decisions have been made by other regions of the Russian Federation, where sorting areas are being hastily built at landfills. Many of them are built using foreign technologies that make it possible to extract materials from waste that can be recycled - glass, plastic, metal, paper, rubber, electronics. This state of affairs fully complies with Order No. 1589-r dated July 25, 2017 on goods not subject to burial. Therefore, starting in 2019, Russian waste collection sites are gradually being converted into technology parks with multi-stage waste sorting.

What other difficulties will arise along the way of implementation? new system collection and disposal of MSW is unknown. But from 2019 all innovations will come into force, and Russia may become a country of civilized landfills.

However, this process will involve re-registration large quantity permitting and licensing documents. Since the procedure for collecting papers, obtaining permits and licenses is related to big amount controversial and uncertain issues, it is better to entrust it to a company providing such services.

IN Lately The environmental community is literally in a fever from the simultaneous adoption of several serious legal acts that are restructuring the entire system environmental control and supervision in Russia. So, on the eve of the New Year, we received an unexpected legislative “gift” - Federal Law No. 458-FZ dated December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Waste”, certain legislative acts of the Russian Federation and the recognition of certain legislative acts as invalid (provisions of legislative acts) of the Russian Federation" (hereinafter referred to as Federal Law No. 458-FZ). This document radically changes the waste management system, affecting the fundamental concepts and principles of environmental law.

We will not dwell in detail on all the changes provided for by Federal Law No. 458-FZ. Let us only note that they touched upon almost all aspects of waste management: issues of ownership of waste, the procedure for licensing waste management activities, vocational training persons authorized to handle waste, and much more. In addition, the terminology used in the field of waste management has also undergone changes.

The innovations also affected the most frequently generated waste—solid household waste. So, in Art. 1 of Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” (hereinafter referred to as Federal Law No. 89-FZ) a new term has appeared for this category of waste:

Extraction

Article 1. Basic concepts
[…]
municipal solid waste- waste generated in residential premises during consumption individuals, as well as goods that have lost their consumer properties during their use by individuals in residential premises to satisfy personal and household needs. Municipal solid waste also includes waste generated during the activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises during consumption by individuals;
[…]

In addition, new terms relating to the management of MSW were introduced into this article:

Extraction
from Federal Law No. 89-FZ

Article 1. Basic concepts
[…]
standard for accumulation of municipal solid waste— average amount of municipal solid waste generated per unit of time;
[…]
municipal solid waste operator- an individual entrepreneur or legal entity engaged in the collection, transportation, processing, disposal, neutralization, and burial of solid municipal waste;
regional operator for municipal solid waste management[…] - municipal solid waste management operator - a legal entity that is obliged to enter into an agreement for the provision of treatment services with municipal solid waste with the owner solid municipal waste that is generated and collection sites for which are located in the area of ​​activity of the regional operator;
[…]
balance of quantitative characteristics of the formation, recycling, neutralization, burial of solid municipal waste on the territory of a constituent entity of the Russian Federation - the ratio of the amount of generated solid municipal waste and the quantitative characteristics of their disposal, neutralization, burial, transfer to other constituent entities of the Russian Federation (receipts from other constituent entities of the Russian Federation) for subsequent disposal, neutralization, burial;
[…]

Thus, the term familiar to us "municipal solid waste (MSW)" was replaced by "municipal solid waste (MSW)". In our opinion, the new term is more consistent with established environmental practice. In addition, completely new concepts have been introduced into the field of waste management MSW management operator And regional operator for MSW management, by which we mean organizations of the public utility complex.

In accordance with Federal Law No. 458-FZ, from January 1, 2016, Federal Law No. 89-FZ will be supplemented with Art. 13.2, which contains requirements for development and implementation regional programs in the field of waste management, incl. with MSW. Such a program will have to include the values ​​of target indicators in the field of waste management (including MSW), the achievement of which is ensured as a result of the implementation of the program, a list of activities for waste management (including MSW) indicating the expected results , as well as information on the financing of these activities. These measures should be aimed at stimulating the construction of waste treatment, recycling, neutralization, and disposal facilities (including MSW); co-financing the construction of facilities for the collection, transportation, processing and disposal of waste from the use of goods; stimulating waste recycling, identifying places of unauthorized waste disposal, etc. The list of events will be taken into account when developing the relevant events government programs and be subject to agreement with the territorial bodies of the authorized federal executive body (i.e. with Rosprironadzor). The regional program will be required to be published on the Internet.

From January 1, 2016, Federal Law No. 89-FZ will also be supplemented by Art. 13.3, according to which, in order to organize and carry out activities for the collection, transportation, processing, disposal, neutralization, disposal of waste, the authorized executive body of the constituent entity of the Russian Federation will approve territorial scheme in the field of waste management, incl. with MSW. This scheme will have to be developed in accordance with territorial planning documents and include data on the location of sources of waste generation, on the amount of waste generated, on targets for the neutralization, recycling and disposal of waste, on the location of waste collection and accumulation sites, on the location of treatment facilities , recycling, neutralization, disposal of waste (including MSW) on the territory of a constituent entity of the Russian Federation, etc. The scheme will also be subject to approval by Rosprirodnadzor and will be publicly available on the Internet.

From January 1, 2016, Federal Law No. 89-FZ will be supplemented with an entire chapter - Ch.V.1 “Regulation of activities in the field of municipal solid waste management”(vv. 24.6-24.13).

In accordance with Art. 24.6 collection, transportation, processing, disposal, neutralization, disposal of MSW on the territory of a constituent entity of the Russian Federation will be carried out regional operator in accordance with the regional program in the field of waste management and the territorial waste management scheme, while the rules for handling MSW approved by the Government of the Russian Federation will have to be observed. The management of MSW, which is waste from the use of goods, will be carried out taking into account the features established in Art. 24.2 of Federal Law No. 89-FZ. The status of a regional operator will be assigned to a legal entity on the basis of a competitive selection conducted by authorized executive authorities of the constituent entities of the Russian Federation for a period of at least 10 years. The grounds for depriving a legal entity of the status of a regional operator will be determined in the rules for handling MSW.

According to Art. 24.7 The owner of MSW will enter into a contract with the regional operator public contract in accordance with a standard agreement approved by the Government of the Russian Federation (the agreement can be supplemented by agreement of the parties with other provisions that do not contradict the legislation of the Russian Federation). The regional operator will not have the right to refuse the owner to enter into an agreement if the owner’s waste is generated and the places of their collection are located in the operator’s area of ​​activity (by the way, the regional operator will have the right to carry out activities on the territory of another constituent entity of the Russian Federation in accordance with the rules for handling MSW and taking into account the agreement , concluded between the constituent entities of the Russian Federation). This situation cannot but rejoice, because it turns out that the owners of solid waste disposal facilities - regional operators - will have not only rights, but also responsibilities.

For example, author of the article, working at one time as an ecologist at large enterprise, has been running wild looking for companies willing to accept some specific types of waste. Moreover, these wastes were indicated in the company’s licenses, but according to various reasons(most often it was the lack of profit and desire to “tinker” with such waste) we were refused.

Based on Art. 24.8 k regulated activities in the field of MSW management will include:

MSW treatment;

MSW neutralization;

MSW disposal;

Provision of services for handling MSW by a regional operator.

All listed activities will be carried out at prices determined by agreement of the parties and not exceeding marginal tariffs, which will be established by the executive authorities of the constituent entities of the Russian Federation authorized in the field of tariff regulation for each organization carrying out specified species activities, and for each of listed types activities. A single tariff for the service of a regional operator for the management of MSW, as well as tariffs for the processing, neutralization and disposal of MSW, will be subject to regulation.

FOR YOUR INFORMATION

When establishing a single tariff for the service of a regional operator, its costs for processing and disposal of MSW will not be taken into account.

According to Art. 24.9 tariff regulation will be carried out by executive authorities of the constituent entities of the Russian Federation or local government bodies. A unified tariff for MSW management services will be established in relation to regional operators, and other tariffs subject to regulation will be established in relation to MSW management operators. Tariffs will be calculated based on the pricing framework established by the Government of the Russian Federation. Methods for regulating tariffs and criteria for their application will be determined by the Government of the Russian Federation. In the event of a change in tariffs at the initiative of the state (for example, due to changes in legislation), a procedure will be provided for compensation of lost benefits for MSW operators. Federal body executive power, authorized in the region government regulation tariffs in the field of MSW management, will monitor tariffs.

In accordance with Art. 24.10 to calculate the volume and (or) mass of MSW when concluding contracts with MSW operators, it will be necessary to follow rules for commercial accounting of volume and (or) mass of MSW, approved by the Government of the Russian Federation. In cases determined by the Government of the Russian Federation, the volume and (or) mass of MSW is planned to be determined based on MSW accumulation standards, established by executive authorities of a constituent entity of the Russian Federation or local government bodies. The procedure for determining standards for the accumulation of MSW will be established by the Government of the Russian Federation.

According to Art. 24.11 all information relating to regulated types of MSW management activities (including information on tariffs and parameters tariff regulation), will publicly available and will have to be published on the Internet.

Based on Art. 24.12 the legality and validity of establishing and changing tariffs will be checked at the federal and regional levels, and planned and unscheduled inspections(for example, based on requests from citizens).

In addition, according to Art. 24.13 now for the construction, reconstruction and (or) modernization of facilities used for the management of MSW, it will be necessary to draw up on the basis of a territorial scheme in the field of waste management investment program, which will have to contain planned and actual values ​​of performance indicators of MSW management facilities, a list of measures for construction, reconstruction and (or) modernization, the volume of financial needs, a program implementation schedule and a preliminary calculation of tariffs in the field of MSW management. The procedure for development, coordination, approval and adjustment of investment programs will be established by the Government of the Russian Federation.

Thus, by the end of 2015, the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation will have a lot of “paper” work to do, because they must develop and approve a lot of by-laws in the field of MSW management before Chapter comes into force. V.1 of Federal Law No. 89-FZ, i.e. until January 1, 2016

NOTE

WITH January 1, 2016 Art. 23 of Federal Law No. 89-FZ will be supplemented with paragraphs. 4 and 5, according to which payment for negative impact environmental impact (hereinafter referred to as EEOC) when disposing of waste ( excluding MSW) will be individual entrepreneurs, legal entities, in the process of carrying out economic and (or) other activities waste is generated, while payers of fees for environmental waste when placing MSW will be MSW management operators, regional operators, carrying out activities for their placement.
In addition, according to clause 9, which will also be supplemented from January 1, 2016, Art. 23 of Federal Law No. 89-FZ, the costs of paying for the NVOS when placing MSW will be taken into account when setting tariffs for the operator for the management of MSW, the regional operator in the manner established by the principles of pricing in the field of MSW management.

Let's note one more important point: With January 1, 2019 Art. 23 of Federal Law No. 89-FZ will be supplemented with paragraphs. 6 and 7, on the basis of which, when waste is disposed of at waste disposal sites that do not provide an environmentally friendly environment, no payment for environmental impact will be charged, however, it should be noted that the exclusion of environmental impact (due to the implementation of environmental measures, the availability technical solutions and structures that ensure environmental protection) will need to be confirmed by the results of environmental monitoring.

As we see, the changes provided for by Federal Law No. 458-FZ significantly limit the rights of local governments in the field of waste management. If now they can organize the collection, removal, disposal, and recycling of waste themselves, then starting from January 1, 2016, they will only be able to take part in all waste management operations, and village self-government bodies will only be able to participate in the collection and transportation of MSW, district - in the processing, disposal, neutralization and disposal of solid waste, and urban - in all of the above operations within urban districts.

In our opinion, all this is only for the better. During her career, the author has repeatedly worked with village administrations on the issue of concluding contracts with licensed landfills and can confidently state that there is chaos and a complete lack of understanding of the system of environmental control and supervision in general and safe waste management in particular.

For example, Once, the developer of the draft standards for waste generation and limits on their disposal, who demanded that a rural school sign an agreement with a landfill, was instead presented with a certificate with the seal of the local administration stating that this school was allowed to export solid waste to the nearest ravine outside the village!

Significant progress towards achieving safe waste management can occur if natural resource users comply with the following norm of Federal Law No. 89-FZ, which will come into force on January 1, 2017:

Extraction
from Federal Law No. 89-FZ

Article 12. Requirements for waste disposal facilities
(as amended, which will come into force on 01/01/2017)
[…]
8. Burying waste that contains useful components that are subject to disposal is prohibited. The list of types of waste that contain useful components, the disposal of which is prohibited, is established by the Government of the Russian Federation.
[…]

Thanks to the changes provided for by Federal Law No. 458-FZ, another gap in the legislation, which has already been mentioned more than once, has been closed. So, from January 1, 2016 Art. 12 of Federal Law No. 89-FZ will be supplemented with clause 10 as follows: “The use of municipal solid waste for land and quarry reclamation is prohibited.” One of the author’s articles, previously published in the Ecologist’s Handbook, was devoted to this issue. The fact is that many unscrupulous users of natural resources are currently trying to “place” their household and construction waste, filling voids from mining or trenches, pits, quarries, passing off this process as land reclamation. Moreover, there are cases of approval (!) of projects for such reclamation. Over the past couple of years, several explanatory letters from Rosprirodnadzor have been issued to explain this situation. And now, fortunately, the norm in question will be enshrined in law, which will eliminate any discrepancies.

We briefly reviewed the innovations in the field of solid waste (now MSW) management that await us in connection with the adoption of Federal Law No. 458-FZ. We advise our readers to study this document in more detail, especially the timing of the entry into force of its individual provisions. Time will tell how it will work in practice. Let's hope that the adoption of this regulatory act will not cause another round of bureaucratization of the environmental control system, but will lead to real improvement environmental situation in our country.

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