Rules for storing used fluorescent lamps. The basic manipulations are as follows

Case no.

SOLUTION

On a complaint against the decision in the case

About an administrative offense

Judge of Nikolaevsky-on-Amur City Court Khabarovsk Territory E.N. Golovin, having considered in open court the complaint of a legal entity of the Regional State budgetary institution“Nikolayevsky-on-Amur psychoneurological boarding school” on the decision of the official of the State Inspector of the Russian Federation for Nature Protection for the Far Eastern Federal District Gaponov A.A. in a case of an administrative offense under Art. Section II. Special part > Chapter 8. Administrative offenses in the field of environmental protection and natural resource management > Article 8.2. Failure to comply with environmental and sanitary-epidemiological requirements when handling production and consumption waste, substances that destroy the ozone layer, or other hazardous substances" target="_blank">8.2 of the Code of Administrative Offenses of the Russian Federation, on bringing to administrative liability in the form of a fine in the amount of 100,000 rubles,

INSTALLED:

07/02/2014 by official state inspector of the Russian Federation for nature protection in the Far Eastern Federal District Gaponov A.A. Resolution No. 17/66 was issued in relation to the legal entity KGBU “Nikolaevsky-on-Amur Psychoneurological Boarding School”, by which this legal entity was found guilty of committing an offense under Art. Section II. Special part > Chapter 8. Administrative offenses in the field of environmental protection and natural resource management > Article 8.2. Failure to comply with environmental and sanitary-epidemiological requirements when handling production and consumption waste, substances that destroy the ozone layer, or other hazardous substances" target="_blank">8.2 of the Code of Administrative Offenses of the Russian Federation and he was given an administrative penalty in the form of a fine in the amount of 100,000 rubles, an event under violation of environmental and sanitary-epidemiological requirements when handling production and consumption waste, established on May 07, 2014 during the Khabarovsk Interdistrict Environmental Prosecutor's Office inspection of the activities of the KSBI Nikolaev PNI, located at the address: Nikolaevsk-on-Amur, Khabarovsk Territory, Sovetskaya St. , no. 197, as a result of which the following was revealed: at the time of the inspection at the KSBU Nikolaev PNI on December 31, 2013, the contract for the collection and disposal of mercury-containing lamps and devices had expired, no records were kept of the movement of mercury-containing lamps, mercury-containing lamps were stored on racks without packages in the amount of 15-20 pieces, instructions on organizing the collection, accumulation, use, neutralization, transportation and placement of mercury-containing lamps, an order on the appointment of a responsible official for the control of mercury-containing lamps are not provided.

The actions of a legal entity are qualified under Art. Section II. Special part > Chapter 8. Administrative offenses in the field of environmental protection and natural resource management > Article 8.2. Failure to comply with environmental and sanitary-epidemiological requirements when handling industrial and consumer waste, substances that destroy the ozone layer, or other hazardous substances" target="_blank">8.2 of the Code of Administrative Offenses of the Russian Federation - non-compliance with environmental and sanitary-epidemiological requirements when collecting, accumulating, using, neutralization, transportation, disposal and other handling of production and consumption waste, substances that destroy the ozone layer, or other hazardous substances.

Having disagreed with the decision made by the KSBU “Nikolaev PNI”, they filed a complaint, in support of which they indicated that in the proceedings of the state inspector Russian Federation for Nature Conservation in the Far Eastern Federal District, Gaponova A.A. there were materials of case No. 17-71.1/2014 dated 07/02/2014 on violation of legislation in the field of environmental protection and natural resource management in relation to a legal entity - the Regional State Budgetary Institution "Nikolaev-on-Amur Psychoneurological Boarding School".

On July 2, 2014, when considering the above case material by the state inspector of the Russian Federation for nature protection in the Far Eastern Federal District, A.A. Gaponov. a resolution was issued on the imposition of administrative punishment No. 17/65, on the recognition of the Regional Budget government agency as a legal entity guilty of committing an administrative offense in the field of environmental protection and natural resource management in the form of an administrative fine in the amount of 100,000 (one hundred thousand) rubles.

The administration of the KSBI "Nikolayevsky-on-Amur Psychoneurological Boarding School" completely disagrees with the above resolution for the following reasons: May 7, 2014, at the time of the inspection by the Khabarovsk Interdistrict Environmental Prosecutor's Office of violations by the Institution of paragraph 7 of section 2 of the Decree of the Government of the Russian Federation of September 3, 2010 of the year No. 861 “On approval of the Rules for the management of production and consumption waste in terms of lighting devices, electric lamps, improper collection, accumulation, use, neutralization, transportation and disposal of which may cause harm to life, health of citizens, harm to animals, plants and environment“could not be, because: according to the act dated May 7, 2014, on May 6, 2014, the head of the economic department, A.A. Timoshenko, issued LB-40 lamps to electrician M.V. Balbinsky, in the amount of 15 pieces, to replace those that burned out in canteen and medical section.

On May 07, 2014, after replacement, used LB-40 lamps, in the amount of 15 pieces, were transferred to the head of the economic department A.A. Timoshenko. for packaging and temporary storage, after which, on the same day, the lamps were packed into individual factory containers made of corrugated cardboard, and then into a factory box for transportation. At the time of the inspection, the used LB-40 lamps were at the stage of packaging in corrugated cardboard containers, which were personally produced by the head of the economic department A.A. Timoshenko. Newspapers and paper are used as shock absorbers to protect against shocks when storing used lamps.

Mechanical damage to used mercury-containing lamps and containers, spillage and the formation of sources of air pollution with mercury were not confirmed at the time of inspection. The lamps were lying on the rack, there was no threat of damage or the lamps falling from the rack, after packing in a special container, the lamps are moved to a special box for storing the above lamps, which ensures their safety during storage and prevents damage to the lamps, which in turn The release of mercury vapor into the atmosphere is not allowed, which is not a gross violation of environmental and sanitary-epidemiological requirements when handling industrial and consumer waste or other hazardous substances.

In this case, the storage of mercury-containing lamps is carried out in a room specially designated for this purpose, which is located separately from production and domestic premises, well ventilated, protected from chemically aggressive substances, atmospheric precipitation, superficial and groundwater, the doors are securely locked. Unauthorized persons do not have access to this premises.

According to clause 5 of Section 2 of the Rules, the accumulation of used mercury-containing lamps is carried out separately from other types of waste, thereby fulfilling the requirements of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” - accumulation and disposal of waste is allowed only in specially designated places.

Faulty (“spent”) lamps belong to waste of hazard class 1 (“Mercury lamps, spent fluorescent mercury-containing tubes and scrap”).

Fluorescent lamps are disposed of as they accumulate. To form a batch of used lamps, they are collected, accumulated and temporarily stored.

Disposal of fluorescent lamps is carried out by demercurization at a specialized enterprise, namely the Limited Liability Company "Regional Ecological Center for Demercurization" LLC "RECeDem", which collects, uses, neutralizes, transports and disposes of waste mercury-containing lamps, having licenses to carry out activities for the collection, use, neutralization, transportation, disposal of waste of hazard class 1 - IV.

According to the law, temporary storage of lamps should not exceed 6 months, in connection with which, on May 12, 2014, agreement No. GD-14/38 was concluded for the collection and disposal of mercury-containing lamps and devices.

May 22, 2014, waste mercury-containing lamps and devices in the amount of 234 pcs. handed over to the representative of the Limited Liability Company "Regional Ecological Center for Demercurization" LLC "RECeDem", D.N. Dolubovsky. which is confirmed by documents.

According to clauses 4,5,7,9 and 14 of the Decree of the Government of the Russian Federation “On approval of rules for the management of production and consumption waste in terms of lighting devices, electric lamps, improper collection, accumulation, use, disposal, transportation and disposal of which can result in harm to life, health of citizens, harm to animals, plants and the environment" dated 09/03/2010 No. 681 consumers of mercury-containing lamps (except individuals) accumulate waste mercury-containing lamps.

The accumulation of used mercury-containing lamps is carried out separately from other types of waste. Consumers of mercury-containing lamps (except individuals) are required to use special containers to accumulate damaged and used mercury-containing lamps. Special organizations collect waste mercury-containing lamps from consumers.

According to the requirements of San PiN 2.1.7. 132203 " Hygienic requirements for the disposal and neutralization of production and consumption waste", as the maximum amount accumulates, waste mercury-containing lamps are transferred for neutralization and disposal to a specialized enterprise that has a license to operate for the neutralization and disposal of waste of hazard classes 1-4

The Institution has developed instructions dated January 10, 2014 on labor protection for workers involved in the collection, storage, and transportation of mercury-containing lamps for disposal; there is a memo of practical actions in case of detection of a mercury spill, a hazardous waste passport, and a certificate of the hazard class of the waste for the environment. natural environment, a log is kept of information on the movement of mercury, its compounds, mercury-containing devices and waste

According to Order No. 39 of January 14, 2014, those responsible for accounting, temporary storage, collection and transfer for disposal of used mercury-containing lamps in specialized organizations Timoshenko A.A. was appointed head of the economic department.

Responsible for hazardous waste management (parts of maintaining procedures related to documented organizational operations for regulating work with waste, including accounting and production control education, collection, accumulation, temporary storage, labor protection engineer S.S. Tsokotun was appointed.

Environmental documentation is prepared in accordance with the established procedure.

All necessary environmental documentation was sent to the environmental prosecutor's office of Khabarovsk, prosecutor I.S. Kushelevsky, however, it was not taken into account when issuing a resolution to initiate an administrative violation case.

No violations of the norms of procedural law were established during the proceedings in the case of an administrative offense.

The evidence was received in the manner established by the Code of Administrative Offenses of the Russian Federation, meets the requirements of relevance, admissibility, reliability, any violations of the Code of Administrative Offenses of the Russian Federation when drawing up a resolution in a case of an administrative offense, and other procedural documents in the case were not established by the court.

The powers of the administrative body to draw up a protocol on an administrative offense are implemented in accordance with Art. RF. The procedure and terms for bringing to administrative responsibility comply with the requirements of the Code of Administrative Offenses of the Russian Federation. No circumstances have been established that exclude administrative proceedings.

I come to the conviction that the fact that a legal entity of the KGBU “Nikolaev PNI” committed an administrative offense under Art. Section II. Special part > Chapter 8. Administrative offenses in the field of environmental protection and natural resource management > Article 8.2. Failure to comply with environmental and sanitary-epidemiological requirements when handling industrial and consumer waste, substances that destroy the ozone layer, or other hazardous substances" target="_blank">8.2 of the Code of Administrative Offenses of the Russian Federation in terms of their violation of environmental requirements for collection and accumulation (i.e. storage) of consumer waste in the form of mercury-containing lamps was properly established, there were no procedural violations when considering the case by an official.

However, when considering a complaint, the following circumstances should be taken into account.

In accordance with the Resolution of the Constitutional Court of the Russian Federation dated February 25, 2014 No. 4-P, it was established that, pending the introduction into the Code of the Russian Federation on administrative offenses appropriate changes in the amount of the administrative fine imposed on legal entities for committing administrative offenses provided for in Part 1 of Article Section II. Special part > Chapter 7. Administrative offenses in the field of property protection > Article 7.3. Use of subsoil without a license for the use of subsoil or in violation of the conditions stipulated by the license for the use of subsoil, and (or) the requirements of duly approved technical projects" target="_blank">7.3, part 1 of the article Section II. Special part > Chapter 9. Administrative offenses in industry, construction and energy > Article 9.1. Violation of industrial safety requirements or conditions of licenses for carrying out activities in the field of industrial safety of hazardous production facilities" target="_blank">9.1, part 1 of the article Section II. Special part > Chapter 14. Administrative offenses in the field of entrepreneurial activity and the activities of self-regulatory organizations > Article 14.43. Violation of the requirements by the manufacturer, performer (person performing the functions of a foreign manufacturer), seller technical regulations" target="_blank">14.43, part 2 of the article, parts 2 and article Section II. Special part > Chapter 15. Administrative offenses in the field of finance, taxes and fees, insurance, market valuable papers> Article 15.23.1. Violation of the requirements of the law on the procedure for preparing and holding general meetings of shareholders, participants in limited (additional) liability companies and owners of investment shares of closed mutual investment funds" target="_blank">15.23.1 and Article of the Russian Federation, as well as for committing other administrative offenses , the minimum amount of an administrative fine for which is established in the amount of one hundred thousand rubles or more, may be reduced on the basis of the requirements of the Constitution of the Russian Federation and taking into account the legal positions of the Constitutional Court of the Russian Federation, expressed in this Resolution, if the imposition of an administrative fine is within the limits established by the relevant administrative sanction does not meet the goals of administrative liability and obviously entails excessive restrictions on the rights of a legal entity.

Taking into account that until appropriate changes are made to the Code of the Russian Federation on Administrative Offenses, the possibility of reducing the minimum amount of an administrative fine is not established by law, and taking into account special role court as an independent and impartial arbiter and at the same time the most competent body in determining legal fairness state power, the Constitutional Court of the Russian Federation believes that making a decision to impose an administrative fine on a legal entity below the lowest limit provided for by the corresponding administrative sanction is allowed only in exceptional cases and only in judicial procedure. If an administrative penalty for committing an administrative offense was imposed by another competent body, official, court (regardless of legislative regulation limits of his powers in judicial appeal of decisions on the application of administrative liability measures), having considered the corresponding application of a legal entity, is also not deprived of the opportunity to reduce the amount of the administrative fine previously assigned to him.

Based on the above and guided by the second part of Article 71, Articles 72, 74, 75, 78, 79, 100 and 104 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation decided to recognize the provisions of Part 1 of Article Section II. Special part > Chapter 7. Administrative offenses in the field of property protection > Article 7.3. Use of subsoil without a license for the use of subsoil or in violation of the conditions stipulated by the license for the use of subsoil, and (or) the requirements of duly approved technical projects" target="_blank">7.3, part 1 of the article Section II. Special part > Chapter 9. Administrative offenses in industry, construction and energy > Article 9.1. Violation of industrial safety requirements or conditions of licenses for carrying out activities in the field of industrial safety of hazardous production facilities" target="_blank">9.1, part 1 of the article Section II. Special part > Chapter 14. Administrative offenses in the field of entrepreneurial activity and the activities of self-regulatory organizations > Article 14.43. Violation by the manufacturer, performer (a person performing the functions of a foreign manufacturer), seller of the requirements of technical regulations" target="_blank">14.43, part 2 of the article, parts 2 and article Section II. Special part > Chapter 15. Administrative offenses in the field of finance and taxes and fees, insurance, securities market > Article 15.23.1. Violation of legal requirements on the procedure for preparing and holding general meetings of shareholders, participants in limited (additional) liability companies and owners of investment shares of closed mutual investment funds" target="_blank">15.23 .1 and articles of the Russian Federation establishing the minimum amounts of administrative fines applied in relation to legal entities who have committed administrative offenses provided for by them that do not comply with the Constitution of the Russian Federation, its articles 17 (part 3), 19 (parts 1 and 2), 34 (part 1), 35 (parts 1, 2 and 3) and 55 (part 3) , to the extent that in the current system legal regulation these provisions in conjunction with those enshrined in this Code general rules the application of administrative penalties does not allow the imposition of an administrative fine below the lowest limit specified in the relevant administrative sanction, and thus does not allow for proper consideration of the nature and consequences of the administrative offense committed, the degree of guilt of the legal entity brought to administrative responsibility, its property and financial situation, as well as other circumstances that are significant for the individualization of administrative responsibility and, accordingly, ensure the imposition of a fair and proportionate administrative punishment.

Considering the nature of the offense committed by the KSBI "Nikolaev PNI" in terms of violation of the requirements for the collection of mercury-containing lamps, which, by virtue of clause 2.9 of the Code of Administrative Offenses of the Russian Federation, cannot be considered insignificant by the court, but was eliminated at the time of the decision on the case by an official in accordance with the act, packed in original packaging and placed in a special container for accumulation until their disposal, however, taking into account that other violations of environmental requirements imputed to this legal entity were recognized by the court as insignificant, taking into account the financial and property situation of the KGBU "Nikolaev PNI", taking into account the socially significant role of this organization, which is a state budget institution, commercial activities not implementing, implementing social services elderly citizens and disabled people suffering from psychoneurological diseases, who have partially or completely lost the ability to self-care and who need constant outside care, the court comes to the conclusion that the imposed punishment of the KGBU "Nikolaev PNI" cannot be considered as fair and proportionate to the offense established by the court, in connection with which the court considers it necessary to reduce the amount of the imposed punishment and, taking into account the legal position of the Constitutional Court, impose a fine below the lower limit, assigning a fine amount of 20,000 rubles, the specified amount, taking into account the circumstances established in the case, will contribute to the individualization of the punishment assigned by the KSBU "Nikolaev PNI" and will ensure the imposition of a fair and proportionate administrative punishment on this legal entity.

In this connection, there are no grounds for canceling the resolution in full; the resolution is subject to change in part.

Guided by Art. clause 1 clause 2, art. Section IV. Proceedings in cases of administrative offenses > Chapter 30. Review of resolutions and decisions in cases of administrative offenses > Article 30.8. Announcement of a decision made on a complaint against a decision in a case of an administrative offense" target="_blank">30.8 Code of Administrative Offenses of the Russian Federation, judge,

Resolution in the case of administrative offense No. 17/66 dated July 2, 2014 in relation to the legal entity of the Regional State Budgetary Institution "Nikolaevsky-on-Amur Psychoneurological Boarding School" on bringing to administrative liability under Art. Section II. Special part > Chapter 8. Administrative offenses in the field of environmental protection and natural resource management > Article 8.2. Failure to comply with environmental and sanitary-epidemiological requirements when handling industrial and consumer waste, substances that destroy the ozone layer, or other hazardous substances" target="_blank">8.2 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine in the amount of 100,000 rubles, amend by excluding imputation from the resolution violation of the requirements of SanPiN 2.1.7 132203 “Hygienic requirements for the disposal and disposal of production and consumption waste”, in terms of the presence of an expired contract on December 31, 2013 for the collection and disposal of mercury-containing lamps and devices, and reducing the KGBU “Nikolayevsky-on-Amur” psychoneurological boarding school" the amount of a fine is up to 20,000 (twenty thousand) rubles, the rest of the resolution of July 2, 2014 is left unchanged, the complaint of the KGBU "Nikolaev PNI" is considered partially satisfied.

A copy of the decision on the complaint against the decision to impose an administrative penalty should be sent to interested parties within three days.

The decision can be appealed by filing a complaint with the Khabarovsk Regional Court through the Nikolaevsky-on-Amur City Court of the Khabarovsk Territory within 10 days from the date of delivery or receipt of the decision on the complaint.

Judge E.N. Golovin

Court:

Nikolaevsky-on-Amur City Court (Khabarovsk Territory)

Below is the content of the new rules.

GOVERNMENT OF THE RUSSIAN FEDERATION

ABOUT APPROVAL OF THE RULES
PRODUCTION AND CONSUMPTION WASTE MANAGEMENT IN PART

In accordance with the Federal Law “On Energy Saving and on Increasing Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation,” the Government of the Russian Federation decides:

approve the attached Rules for the management of production and consumption waste in terms of lighting devices, electric lamps, improper collection, accumulation, use, neutralization, transportation and disposal of which may cause harm to life, health of citizens, harm to animals, plants and the environment.

Chairman of the Government
Russian Federation
V. PUTIN

Approved
Government Decree
Russian Federation
dated September 3, 2010 N 681

RULES
PRODUCTION AND CONSUMPTION WASTE MANAGEMENT IN PART
LIGHTING DEVICES, ELECTRIC LAMPS, INAPPROPRIATE
COLLECTION, ACCUMULATION, USE, DISPOSAL,
TRANSPORTATION AND PLACEMENT OF WHICH MAY INCLUDE
CAUSING HARM TO THE LIFE, HEALTH OF CITIZENS, HARM
ANIMALS, PLANTS AND THE ENVIRONMENT

I. General provisions

1. These Rules establish the procedure for handling production and consumption waste in terms of lighting devices, electric lamps, improper collection, accumulation, use, neutralization, transportation and disposal of which may cause harm to life, health of citizens, harm to animals, plants and the environment.

These Rules are mandatory for legal entities (regardless of their legal form) and individual entrepreneurs, including those engaged in management apartment buildings on the basis of a concluded agreement or who have concluded agreements with the owners of the premises of an apartment building for the provision of services for the maintenance and repair of common property in such a building (hereinafter referred to as legal entities and individual entrepreneurs), as well as individuals.

2. The terms used in these Rules mean the following:

“waste mercury-containing lamps” - mercury-containing waste, which is lighting devices and electric lamps with mercury filling and a mercury content of at least 0.01 percent that are decommissioned and subject to disposal;

“use of waste mercury-containing lamps” - the use of waste mercury-containing lamps for the production of goods (products), performance of work, provision of services or generation of energy;

“consumers of mercury-containing lamps” - legal entities or individual entrepreneurs who do not have a license to carry out activities for the collection, use, neutralization, transportation, disposal of waste of I - IV hazard classes, as well as individuals operating lighting devices and electric lamps with mercury filling;

“accumulation” - storage by consumers of mercury-containing lamps, with the exception of individuals, of the amount of waste mercury-containing lamps permitted in the established order;

"specialized organizations" - legal entities and individual entrepreneurs that collect, use, neutralize, transport and dispose of waste mercury-containing lamps, having licenses to carry out activities for the collection, use, neutralization, transportation, and disposal of waste of I - IV hazard classes.

3. Legal entities and individual entrepreneurs, in accordance with these Rules and other regulatory legal acts, develop instructions for organizing the collection, accumulation, use, disposal, transportation and disposal of waste mercury-containing lamps in relation to specific conditions and appoint, in the prescribed manner, responsible persons for handling these waste.

II. The procedure for collecting and accumulating waste mercury-containing lamps

4. Consumers of mercury-containing lamps (except for individuals) accumulate waste mercury-containing lamps.

5. The accumulation of used mercury-containing lamps is carried out separately from other types of waste.

6. Independent disposal, use, transportation and placement of spent mercury-containing lamps by consumers of waste mercury-containing lamps, as well as their accumulation in places that are the common property of the owners of premises in an apartment building, are not allowed.

7. Consumers of mercury-containing lamps (except individuals) are required to use special containers to accumulate damaged waste mercury-containing lamps.

8. Local government bodies organize the collection of used mercury-containing lamps and inform legal entities, individual entrepreneurs and individuals about the procedure for such collection.

9. Collection of used mercury-containing lamps from consumers of used mercury-containing lamps is carried out by specialized organizations.

III. Procedure for transporting waste mercury-containing lamps

10. Transportation of used mercury-containing lamps is carried out in accordance with the requirements of the rules for the transportation of dangerous goods.

11. To transport damaged waste mercury-containing lamps, special containers are used that ensure tightness and eliminate the possibility of environmental pollution.

12. In places of collection, placement and transportation of waste mercury-containing lamps (including loading and unloading points and cargo areas Vehicle), in which mercury concentrations may be created that exceed hygienic standards, it is planned to install automatic gas detectors for mercury vapor. Areas of possible contamination must be equipped with personal respiratory protection equipment available for free use in emergency situations.

IV. Procedure for disposal (storage and disposal) of waste mercury-containing lamps

13. Disposal of used mercury-containing lamps for the purpose of their neutralization, subsequent processing and use of recycled products is carried out by specialized organizations.

14. Storage of used mercury-containing lamps is carried out in a room specially designated for this purpose, protected from chemically aggressive substances, precipitation, surface and ground water, as well as in places that prevent damage to the container.

15. It is allowed to store used mercury-containing lamps in undamaged containers from new mercury-containing lamps or in other containers that ensure their safety during storage, loading and unloading and transportation.

16. Combined storage of damaged and undamaged mercury-containing lamps is not allowed.

17. Damaged mercury-containing lamps are stored in special containers.

18. Disposal of used mercury-containing lamps cannot be carried out by burial.

V. Procedure for neutralization and use of waste mercury-containing lamps

19. Disposal of used mercury-containing lamps is carried out by specialized organizations that process them using methods that ensure compliance with sanitary, hygienic, environmental and other requirements.

20. In the event that a consumer has used mercury-containing lamps emergency situation, in particular, the destruction of a mercury-containing lamp (lamps), the contaminated premises must be abandoned by people and specialized organizations must be called to carry out a set of measures to disinfect the premises.

Neutralization of mercury contamination can be carried out by consumers of used mercury-containing lamps (except for individuals) independently using a demercurization kit, which includes the necessary preparations (substances) and materials for cleaning premises from local mercury contamination, which does not require special safety measures during use.

21. The use of waste mercury-containing lamps is carried out by specialized organizations that process, record and report on them. The mercury and mercury-containing substances obtained as a result of processing are transferred in accordance with the established procedure to organizations that consume mercury and mercury-containing substances.

Daylight is used to illuminate socially significant objects: hospitals, offices, schools, etc. They are distinguished by high luminous efficiency and long term functioning. Fluorescent lamps high pressure effective when lighting large rooms, and light sources low pressure— for lighting apartments and small industrial facilities.

Lamps daylight have many advantages over classic ones, but after they fail, the problem of disposal arises.

Why recycle fluorescent lamps

After expiration date fluorescent lamps must be disposed of. They contain 3 to 5 mg of mercury, a substance classified as a Class 1 toxic waste.

Improper disposal results in metal being released into the soil, water and air. Such products may be harmful to human health and the environment.

Science has proven the adverse effects of toxic metal on the physical health of children, the reproductive function of women and man's health. Mercury coming from the atmosphere can be absorbed into mother's milk and transferred through it into the baby's blood.

No less effective than fluorescent lamps - . They are safer to use because they do not contain mercury. However, their main drawback is high price- is still relevant.

It is strictly forbidden to throw used lamps into the garbage chute or other containers for collecting household and industrial waste. An unauthorized release may damage the fragile flask, causing mercury to evaporate into the environment.

Based on sanitary and hygienic standards, failed products containing mercury must be stored in specialized containers and containers in premises equipped for these purposes.

It is prohibited to throw away fluorescent lamps

What are the consequences for a company if it fails to comply with recycling requirements?

Activities related to the handling of failed fluorescent lamps and their disposal are regulated by the following legislative acts:

• Federal Law No. 89 “On production and consumption waste”. It defines the basic mechanisms for handling particularly dangerous products and prevents their distribution negative impact on nature and human health.
• Rules for handling production and consumption waste (regarding lighting devices). They define the principles for the proper collection, storage, transportation and disposal of fluorescent lamps. This regulatory document is mandatory for legal entities and individual entrepreneurs.
• Code of Administrative Offences.
• Legislative acts of the constituent entities of the Russian Federation in the field of handling used fluorescent lamps.

According to legislative framework prohibited:

• storage of defective and expired llamas in premises to which free access is provided for company personnel;
• storing or consuming food in premises intended for storing hazardous products.

Failure to comply with legal requirements may result in an administrative fine.

According to Article 8.2. of the Code of Administrative Offences, the fine amount is:

• For an official - from 10 to 30 thousand rubles;
• For individual entrepreneurs - from 30 to 50 thousand rubles;
• For legal entities - from 100 to 250 thousand rubles.

As an alternative to a fine, the legislation provides for the suspension of activities for individual entrepreneurs and legal entities for up to 90 days. In case of repeated violation of the rules for handling toxic waste from production and consumption, criminal liability is provided.

Rules for the accumulation and storage of mercury-containing lamps before disposal

Fluorescent lamps should be stored in a room that is located separately from the production workshops. It must comply with toxic waste storage regulations and sanitary standards. It must have a ventilation system.

Indoor floors should be made of waterproof material that prevents harmful metals from entering the environment.

In case of an emergency, the storage room for fluorescent lamps must have at least 10 liters of water and a supply of potassium manganese.

Used fluorescent lamps must be placed in dense containers. It can be cardboard boxes, chipboard boxes, plywood, paper or plastic bags. One cardboard box should contain no more than 30 units of products. Containers should be placed on racks to protect them from any mechanical impact. Each of them should have the inscription “Waste 1 class. danger. Waste fluorescent lamps."

Containers for storing fluorescent lamps

Broken mercury-containing lamps should be stored in closed containers with handles. It must contain the inscription “For broken mercury-containing waste.” It is prohibited to dispose of broken products in landfills. The container in which the damage occurred must be treated with a 10% solution of potassium permanganate and rinsed well with water.

1. store lamps without containers or in soft packaging;
2. place mercury-containing waste on ground surfaces;
3. store in places where there is access large quantity persons (not responsible for the collection and storage of toxic waste).

Storage conditions for mercury-containing lamps

The main condition is maintaining tightness. In enclosed spaces, the concentration of vapors can increase 150 times. Loss of tightness of even one light bulb can lead to poisoning of personnel.

Waste collection is carried out separated by diameter and length. There should be a separate container for each type. The lamps in it should be packed tightly.

Any business entity must keep a log of the movement of mercury-containing lamps. It must be numbered and laced. It indicates the received and used lamps, their brands, and the person accepting the waste for storage.

Storing fluorescent lamps

The log is filled out by the responsible person. When recycling mercury lamps from an enterprise through specialized companies, a corresponding note is made in it. It contains information about the brand of lamps transferred, their condition: defective, used, broken, their quantity and date of transfer.

Procedure for demercurization in case of damage to a fluorescent lamp

A broken lamp will lead to contamination of the room with mercury vapor. Timely measures taken will help avoid poisoning with a toxic substance.

Demercurization methods:

1. Ventilation. It is necessary to organize the rapid evacuation of personnel and animals from the premises. Then open all windows and doors. A draft will reduce the mercury concentration to an acceptable level.
2. Mercury can be collected mechanically . Its main goal is to eliminate the source of infection. Responsible personnel must have protective equipment to prevent mercury from entering the respiratory tract. They can be a respirator or a cotton-gauze bandage. Any handling of a broken lamp should be carried out with rubber gloves.

The collected mercury and glass must be placed in an airtight container or jar with a tight lid. Polyethylene prevents the spread of mercury vapor. They can be used to wrap leather goods, rugs and carpets.

1. Chemical treatment. This method is built on chemical reaction using potassium permanganate. As a result, salt is formed, which is easy to remove. To do this, you need about 2 grams of potassium permanganate, which should be dissolved in 1 liter of water. Use the resulting solution to rinse the area contaminated with mercury and leave it for 6 hours. Then it must be washed with soapy water. The procedure must be repeated several times.

As an alternative to potassium permanganate, you can use alcohol-soluble iodine and chlorine detergent.

The jar in which mercury-containing waste is collected should not be thrown into a landfill. It must be taken to a collection point for mercury-containing waste. His address can be found at the Ministry of Emergency Situations.

Concluding an agreement with a recycling company

Disposal energy saving lamps are handled by specialized companies. They provide the following services:

• Collection, transportation and disposal;
• Equipment for storage areas;
• Consultation on mercury safety issues;
• Monitoring the content of mercury vapor in premises;
• Comprehensive examination;
• Replacing lamps;
• Elimination of consequences of mercury pollution.
• Any business entity is required to enter into an agreement with a specialized waste disposal company.

Disposal of fluorescent lamps

The document contains the main sections:

1. Subject of the agreement.
2. Obligations of the parties: the customer - to timely fill out applications for the export of mercury-containing lamps, the contractor - to provide services in accordance with the law.
3. Cost of services.
4. Work order.
5. Methods for resolving disputes.
6. Special conditions and force majeure circumstances.

The agreement for the disposal of fluorescent lamps is drawn up in 2 copies. Standard validity period is 1 year.

Procedure for removal of fluorescent lamps

The removal of fluorescent lamps is carried out at the request of the customer. It indicates their actual number. Most specialized companies require advance payment for services.

The period for removal of lamps after receipt of the application is no more than 2 weeks. Waste removal is carried out by the contractor's transport. During transportation, sealed containers are used to prevent mercury from entering the environment.

Loading and unloading areas are equipped with gas alarms for mercury vapor, operating in automatic mode.

Disposal of mercury-containing lamps is a complex process that requires certain knowledge. Only trained persons should be allowed access to it. This is the only way to achieve maximum lighting efficiency without harm to humans and their environment.

In contact with

Lamps based on the luminescence effect have been on the market for decades. Together with incandescent light bulbs, this type of light source is one of the most numerous groups lighting products. Millions of light bulbs are purchased every year. But once used, they are thrown away by the thousands. Next, the reader will learn about how to properly deal with a damaged fluorescent lamp and what are the rules for storing fluorescent lamps.

The essence of the problem

The luminescence effect in the lamp is due to the effect of ultraviolet radiation on the phosphor. And ultraviolet appears as a result of excitation of mercury atoms by electric current or electromagnetic radiation. Each fluorescent light bulb contains a certain amount of mercury. What kind of metal this is, and what danger it poses to human health, is briefly depicted in the figure below. This information about mercury should be supplemented by its ability to accumulate in the body. Each dose of it that enters the human body remains in it forever. It is impossible to get rid of these accumulations by any medical methods.

Fluorescent lamps are the main cause of the danger of mercury in our environment. There are quite a lot of them, and therefore every flask, even just a cracked one, will become a source of mercury vapor. Moreover, it is not at all necessary to drop a light bulb on the floor. Even when replacing it, for example, in a chandelier from a crack that resulted from too much force, a certain amount of vapor will enter the air. What is the approximate amount of this dangerous metal you will encounter when handling various types lamps will show the following image.

• Cracks in the flask are acceptable, since the mercury is concentrated in the quartz burner.

All models of tubular fluorescent lamps, including energy saving light bulbs, if the flask is damaged, a certain amount of mercury vapor is released. Therefore, regardless of where they are used, they must be stored according to certain rules.

Proper storage

These rules are formalized at the legislative level as GSanPin 2.3.7.029-99, and are also regulated by other state federal and regional laws. For example, the storage of lamps containing mercury for the city of Moscow and the region is regulated by Decree No. 949-RP dated May 19, 2010.

• Used tubular fluorescent lamps are not thrown away, but are temporarily stored for the purpose of their further special disposal.
• Storage in this case should be in a cardboard casing - a container that corresponds to a specific model.

• Lamps should be sorted by length, diameter and model.
• They should be packed tightly in vertical position in labeled, durable boxes or containers. The labeling describes in detail the contents of the container.

Containers with used lamps are stored in a room that is specially designated for these purposes and meets the following conditions:

• sufficiently remote from residential, office and production premises;
• the internal space is organized so that there are no obstacles at arm's length;
• the roof, when placed in a one-story building, should not leak in the part of the building where the room is located;
• supply and exhaust ventilation is required;
• measures must be taken to prevent children and other unauthorized persons from entering the premises;
• the floor in the room must be smooth, level, impermeable to water and free from cracks;
• it is necessary to have chemical and physical means of prompt removal of mercury (demercurization);
• lamps with damaged bulbs are stored in separate containers, which provide the necessary level of safety;
• the method of storing lamps should prevent damage to the bulbs;
• the contents of the warehouse premises must be reflected in a special accounting journal or its computer equivalent;
• provides for either administrative or criminal penalty in case of any violation of the established technology for handling the contents of the container.

All of the above can be effectively organized and carried out in enterprise settings. But for the population, disposal of mercury lamps, unfortunately, is problematic, primarily due to human factor. There are enough teenagers in every yard who will happily break a fluorescent lamp as entertainment. But there are still very few places for collecting and temporary storage of these light bulbs, even in large populated areas. In fact, recycling tubular, and especially energy-saving lamps, is a potential business that can generate income.

In addition to mercury, which may be released into recycling, in ballasts that have used up their CFLs, many functional electronic components are retained. You can reuse the listed components. When done correctly, storage and disposal of fluorescent light sources can generate income. Then, for each lamp handed over, a reward can be paid to the population, just as is done when glass containers are handed over. In the meantime, we recommend that readers handle their lamps with care. Fluorescent lamps for replacement should be stored in a safe place. You also need to get your local authorities to install such a special container in a convenient place for everyone.

2014-07-28

Analyzing judicial practice You may encounter a situation where a legal entity is held administratively liable for improper storage of used mercury lamps.

Thus, the department of Rosprirodnadzor for Kaluga region A scheduled on-site and documentary inspection of the legal entity (the Company) was carried out, based on the results of which an act was drawn up.

The audit established that the Company, being a small business entity, represents in accordance with Part 3 of Article 18 Federal Law dated June 24, 1998 N 89-FZ "On production and consumption waste" reporting on the generation, use, neutralization and disposal of waste, according to which the Company generates waste of hazard classes 1 and 4. At the same time, the Company does not have a passport for industrial consumption waste, similar to municipal waste, and for waste (sludge) from cesspools and household wastewater. During an inspection of the territory and production premises of the Company, improper storage of waste of hazard class 1 was discovered - waste mercury lamps are stored in an unsealed cardboard box and not in a specially designated room.

An official of Rosprirodnadzor drew up a protocol on an administrative violation.

By the resolution imposing an administrative penalty, the Company was found guilty of committing a violation, administrative liability for which is provided for in Article 8.2 of the Code of Administrative Offenses of the Russian Federation, and it a fine of 100 thousand rubles was imposed.

Considering the administrative liability to be unfounded, the Company appealed the decision of Rosprirodnadzor in court.

Refusing to satisfy the claims, the courts of the first, appellate and cassation authorities came to the conclusion that the Company’s actions contained elements of an alleged offense (Resolution of the Federal Antimonopoly Service of the Central District dated June 3, 2014 in case No. A23-3251/2013).

Article 8.2 of the Code of Administrative Offenses of the Russian Federation establishes administrative liability for non-compliance with environmental and sanitary-epidemiological requirements when collecting, accumulating, using, neutralizing, transporting, disposing and otherwise handling industrial and consumer waste or other hazardous substances.

According to Article 1 of the Federal Law of June 24, 1998 N 89-FZ "On Production and Consumption Waste" production and consumption waste means- remains of raw materials, materials, semi-finished products, other items or products that were formed in the process of production or consumption, as well as goods (products) that have lost their consumer properties.

By virtue of Article 11 of Law N 89-FZ, individual entrepreneurs and legal entities, when operating enterprises, buildings, structures, structures and other objects related to waste management, are required to comply with environmental, sanitary and other requirements established by the legislation of the Russian Federation in the field of environmental protection natural environment and human health; develop draft standards for waste generation and limits on waste disposal in order to reduce the amount of waste generation; carry out an inventory of waste and its disposal facilities; carry out an inventory of waste and its disposal facilities; provide, in the prescribed manner, the necessary information in the field of waste management.

In accordance with paragraph 2 of Article 14 of Law N 89-FZ, individual entrepreneurs and legal entities whose activities generate waste of hazard classes I - IV are required to confirm the classification of these wastes to a specific hazard class in the manner established federal body executive power, carrying out government regulation in the field of environmental protection.

A passport must be drawn up for waste of hazard classes I - IV. A waste passport of hazard class I - IV is compiled on the basis of data on the composition and properties of this waste and an assessment of its hazard. The procedure for passportization, as well as standard forms of passports, is determined by the Government of the Russian Federation. Determination of data on the composition and properties of waste included in the waste passport must be carried out in compliance with the requirements for measurements and measuring instruments established by the legislation of the Russian Federation on ensuring the uniformity of measurements (clause 3 of Article 14 of Law No. 89-FZ).

As determined by the administrative authority, as a result economic activity Societies generate consumer waste in production, similar to municipal waste, for which there is no passport hazardous waste for waste of hazard class 4.

In addition, the inspection established that the storage of used mercury lamps at the time of the inspection was carried out by the Company in an unsealed cardboard box in a non-designated place.

According to paragraph 7 of the Rules for the management of production and consumption waste in terms of lighting devices, electric lamps, improper collection, accumulation, use, neutralization, transportation and disposal of which may cause harm to life, health of citizens, harm to animals, plants and the environment, approved by the Resolution Government of the Russian Federation dated 09/03/2010 N 681, consumers of mercury-containing lamps (except for individuals) are required to use special containers to accumulate damaged waste mercury-containing lamps.

Clause 14 of these Rules stipulates that the storage of used mercury-containing lamps is carried out in a room specially designated for this purpose, protected from chemically aggressive substances, precipitation, surface and ground water, as well as in places that prevent damage to the container.

However, the Company did not comply with these requirements.

In conclusion, it is worth noting that legal disputes arising on issues of compliance with legislation in the field of environmental management are among the most complex. The positive outcome of a legal dispute largely depends on the experience and qualifications of the specialist participating in the legal proceedings.

Something to remember!

Administrative liability for failure to comply with environmental and sanitary-epidemiological requirements when handling production and consumption waste, substances that destroy the ozone layer, or other hazardous substances is provided for in Art. 8.2 Code of Administrative Offenses of the Russian Federation. The sanction of this article provides for punishment for officials - from 10 thousand to 30 thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from 30 thousand to 50 thousand rubles or administrative suspension of activities for up to 90 days; for legal entities - from 100 thousand to 250 thousand rubles or administrative suspension of activities for up to 90 days.