Rules for the treatment of solid waste. A new MSW management system: a bright future or a road to nowhere? Requirements for garbage trucks

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In accordance with federal law"On production and consumption waste" Government Russian Federation decides:

1. Approve the attached Rules for the treatment of municipal solid waste.

2. Approve the attached form standard contract for the provision of services for the treatment of municipal solid waste.

3. Subparagraph "d" of paragraph 1 of Decree of the Government of the Russian Federation of August 25, 2008 No. 641 "On equipping vehicles, technical means and systems with GLONASS or GLONASS / GPS satellite navigation equipment" (Collected Legislation of the Russian Federation, 2008, No. 35, Art. .4037) add the words "transportation of municipal solid waste".

Rules
solid municipal waste management

I. General provisions

1. These Rules establish the procedure for the collection, transportation, processing, disposal, neutralization and disposal of solid municipal waste, as well as the grounds on which entity may be deprived of the status of a regional operator for the treatment of municipal solid waste (hereinafter referred to as the regional operator).

2. The following concepts are used in these Rules:

"bunker" - a garbage collector intended for storage of bulky waste;

"removal of municipal solid waste" - transportation of solid municipal waste from the places of their accumulation and collection to facilities used for processing, recycling, neutralization, burial of solid municipal waste;

"container" - a garbage collector intended for storage of municipal solid waste, with the exception of bulky waste;

"container site" - a place of accumulation of municipal solid waste, equipped in accordance with the requirements of the legislation of the Russian Federation in the field of protection environment and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population and intended for the placement of containers and bunkers;

"large-sized waste" - solid municipal waste (furniture, household appliances, waste from the current repair of residential premises, etc.), the size of which does not allow for their storage in containers;

"garbage truck" vehicle category N, used for the transportation of municipal solid waste;

"consumer" - the owner of municipal solid waste or a person authorized by him, who has entered into or is obliged to conclude an agreement with the regional operator for the provision of services for the treatment of municipal solid waste.

3. Collection, transportation, processing, disposal, neutralization, burial of municipal solid waste are carried out taking into account the environmental legislation of the Russian Federation and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population.

The collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste must be safe for the population and the environment.

4. Handling of municipal solid waste on the territory of a subject of the Russian Federation is provided by regional operators in accordance with the regional program in the field of waste management, including municipal solid waste, and the territorial waste management scheme (hereinafter referred to as the waste management scheme) on the basis of contracts for the provision of services for the treatment of municipal solid waste concluded with consumers.

The regional operator carries out the collection, transportation, processing, disposal, neutralization, burial of municipal solid waste independently or with the involvement of municipal solid waste management operators.

5. An agreement for the provision of services for the treatment of municipal solid waste is concluded between the consumer and the regional operator, in the area of activity of which solid municipal waste is generated and there are places for their collection and accumulation, in accordance with the form of a standard agreement for the provision of services for the treatment of municipal solid waste , approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641".

6. The regional operator, within a month from the date of granting him the status of a regional operator, is obliged to send to all consumers at the address of an apartment building or residential building, the address indicated in the Unified State Register of Legal Entities or in the Unified State Register of Individual Entrepreneurs, a proposal to conclude a contract for the provision of services on the treatment of municipal solid waste and a draft of such an agreement.

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

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

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

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

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

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

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

b) in containers, bunkers located on container yards;

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

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

a) in bunkers located on container sites;

b) on special sites for storage of bulky waste.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a) the subject matter of the contract;

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

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

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

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

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

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

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

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

j) liability of the parties.

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

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

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

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

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

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

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

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

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

34. In order to ensure the processing, neutralization, disposal of solid municipal waste, operators for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste in the area of activity of the regional operator, specified in the selection documentation during the competitive selection of the regional operator, enter into contracts with a regional operator for the provision of services for the processing, neutralization, disposal of municipal solid waste.

35. Under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste, undertakes to process, neutralize, bury municipal solid waste, and the regional operator undertakes to transfer solid municipal waste to such an operator and pay for the services of processing, neutralization, and burial of solid municipal waste at regulated rates.

36. The essential terms of the contract for the provision of services for the processing, neutralization, disposal of municipal solid waste are:

a) the subject matter of the contract;

b) requirements for the composition of municipal solid waste transferred to the operator for the treatment of municipal solid waste, the method of storing municipal solid waste;

c) the planned mass of municipal solid waste sent to the facility used for processing, neutralization, burial;

d) place of acceptance (transfer) of municipal solid waste;

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

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

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

h) the procedure for the regional operator to exercise control over the activities of the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste;

i) liability of the parties.

37. The settlement period under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste is one calendar month.

38. The regional operator pays for the services of operators for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste, unless otherwise provided by the contract for the provision of services for the processing, neutralization, burial of solid municipal waste in the following order:

a) 35 percent of the cost of services for the processing, neutralization, disposal of solid municipal waste in the month for which payment is made, is paid before the 18th day of the current month, 50 percent of the cost of these services in the month for which payment is made, is paid before the end of the current month ;

b) payment for services actually provided in the past month for the processing, neutralization, disposal of solid municipal waste, taking into account the funds previously contributed by the consumer as payment for such services rendered in billing period, is carried out before the 10th day of the month following the month for which payment is made. If the volume of actually rendered services for the processing, neutralization, disposal of solid municipal waste for the past month is less than the volume determined by the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the overpaid amount is offset against the upcoming payment for the next month.

39. In order to ensure the disposal of solid municipal waste, consumers have the right to conclude contracts for the provision of services for the disposal of solid municipal waste with a regional operator, individual entrepreneur and (or) a legal entity carrying out activities for the disposal of municipal solid waste, in accordance with the civil legislation of the Russian Federation.

IV. Grounds on which a legal entity may be deprived of the status of a regional operator

40. A legal entity may be deprived of the status of a regional operator on the following grounds:

a) during the calendar year, through the fault of the regional operator, there were repeated (2 times or more) violations of these Rules, and (or) the terms of contracts for the provision of services for the treatment of solid municipal waste, and (or) the terms of the agreement in relation to the volume (mass ) solid municipal waste generated in the area of activity of the regional operator, confirmed by acts of violation by the regional operator of obligations under the contract, drawn up in the manner prescribed by the form of a standard contract for the provision of services for the treatment of solid municipal waste, approved by the Decree of the Government of the Russian Federation dated November 12, 2016 No. 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641";

b) during the calendar year, the regional operator committed multiple (2 times or more) violations of these Rules and (or) the terms of the agreement, resulting in harm to the life and (or) health of citizens;

c) the debt of the regional operator to pay for the services of the operator for the treatment of solid municipal waste exceeds the twelfth part of the necessary gross revenue of the regional operator, determined by the executive authority of the constituent entity of the Russian Federation, which carries out state regulation of tariffs in the field of solid municipal waste management;

d) violation of the scheme of flows of solid municipal waste from the sources of their formation to the facilities used for processing, disposal, neutralization, disposal of waste, fixed by the waste management scheme.

41. A legal entity deprived of the status of a regional operator is obliged:

a) perform the duties of a regional operator until the day determined by the agreement concluded by the state authority of the constituent entity of the Russian Federation with the new regional operator based on the results of the competitive selection;

b) within 10 working days from the date of determining a new regional operator, transfer to it all the information and documents necessary for organizing activities for the management of municipal solid waste, including a register of agreements and copies of concluded agreements in the field of waste management.

Model contract form
for the provision of services for the treatment of municipal solid waste
(approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156)

STANDARD AGREEMENT

for the provision of referral services

with municipal solid waste

___________________________ "____" ___________ 20__

(place of conclusion of the contract)

(name of company)

hereinafter referred to as the regional operator, represented by ________________,

________________________________________________________________________

(position title, last name, first name, patronymic of an individual)

indicate what you want)

on the one hand, and ____________________________________________________,

(name of organization, last name, first name,

middle name of an individual)

hereinafter referred to as the consumer, represented by ____________________________

(Full Name,

_______________________________________________________________________,

passport data - in case of conclusion of an agreement by an individual,

job title, last name, first name, patronymic - in case

conclusion of an agreement by a legal entity)

acting on the basis _____________________________________________,

(regulation, charter, power of attorney -

indicate what you want)

on the other hand, hereinafter referred to as the parties, have concluded this

agreement on the following:

I. Subject of the contract

1. Under a contract for the provision of services for the treatment of solid utilities

waste, the regional operator undertakes to accept solid communal

waste in the volume and location specified in this agreement, and

ensure their collection, transportation, processing, neutralization,

burial in accordance with the legislation of the Russian Federation, and

the consumer undertakes to pay for the services of the regional operator at the price,

determined within the limits of the unified

tariff for the service of a regional operator.

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

municipal solid waste, including bulky waste, and

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

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

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

houses) are determined in accordance with the annex to this contract.

3. Method of storage of municipal solid waste -

________________________________________________________________________,

(garbage chutes and waste collection chambers, into containers, bunkers,

located on container yards, in bags or other containers

(specify which ones), provided by the regional operator, -

indicate what you want)

including bulky waste -

(into bunkers located on container yards, on

special storage areas for bulky waste -

indicate what you want)

4. Date of commencement of the provision of services for the treatment of solid communal

waste "____" ____________ 20__

II. Terms and procedure for payment under the contract

5. The billing period under this agreement means one

calendar month. Payment for services under this agreement is carried out according to

price, determined within the limits approved in the prescribed manner

unified tariff for the service of a regional operator: _____________________.

(the amount of payment is indicated

regional operator)

6. Consumer (excluding consumers in apartment buildings

and residential buildings) pays for the handling of solid communal

waste in the following order:

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

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

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

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

payment for services actually rendered in the past month

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

paid by the consumer as payment for such services rendered in

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

month for which payment is made. In case the volume

actually rendered services for the treatment of solid communal

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

contract, the overpaid amount is credited against the future

payment for the next month.

A consumer in an apartment building or apartment building pays

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

municipal waste in accordance with housing legislation

Russian Federation.

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

regional operator and consumer at least once a year

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

the relevant act.

The party initiating the reconciliation of settlements draws up and

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

copies by any available means (postal item, telegram,

fax message, telephone message, information and telecommunications network

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

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

within 3 working days from the date of receipt or submit

reasoned refusal to sign it with the direction of his version

act of reconciliation of accounts.

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

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

agreed and signed by both parties.

III. The burden of maintaining container sites, special

sites for storage of bulky waste and territories,

adjacent to the place of loading of municipal solid waste

8. Regional operator for handling solid utilities

waste is responsible for the management of municipal solid waste with

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

solid municipal waste.

storage of bulky waste and the territory adjacent to the site

loading of municipal solid waste located on the adjacent

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

apartment buildings,

_______________________________________________________________________.

(owners of premises in an apartment building, a person

attracted by owners of premises in an apartment building

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

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

indicate what you want)

for storage of bulky waste and the territory adjacent to

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

property of owners of premises in apartment buildings, bears

_______________________________________________________________________.

(owner of the land on which such

site and territory, another person specified in the agreement -

indicate what you want)

IV. Rights and obligations of the parties

11. The regional operator is obliged:

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

which are defined in the appendix to this agreement;

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

disposal of accepted municipal solid waste in accordance with

the legislation of the Russian Federation;

c) provide the consumer with information in accordance with

disclosure standards in the field of handling solid

municipal waste in the manner prescribed by law

Russian Federation;

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

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

established by the legislation of the Russian Federation for consideration

appeals of citizens;

e) take the necessary measures for the timely replacement of damaged

containers owned or otherwise owned by him

legally, in the manner and within the time limits established

legislation of the subject of the Russian Federation.

12. The regional operator has the right:

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

solid municipal waste;

13. The consumer is obliged:

a) to store municipal solid waste in places

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

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

in accordance with the territorial waste management scheme;

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

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

masses of municipal solid waste, approved by the resolution

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

municipal waste";

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

the terms specified in this agreement;

d) ensure the storage of municipal solid waste in

containers or other places in accordance with the annex to this

contract;

e) prevent damage to containers, burning solid

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

warehousing in containers of prohibited waste and items;

f) appoint a person responsible for interaction with the regional

operator on the execution of this agreement;

g) notify the regional operator in any way possible

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

information and telecommunications network "Internet"), allowing

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

consumer specified in this agreement to the new owner.

14. The consumer has the right:

a) receive from the regional operator information about the change

established tariffs in the field of handling solid communal

waste;

b) initiate a reconciliation of settlements under this agreement.

V. Volume accounting procedure

and (or) masses of solid municipal waste

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

municipal solid waste in accordance with the Rules of commercial

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

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

municipal solid waste" in the following way:

_______________________________________________________________________.

(calculated based on the norms for the accumulation of solid

municipal waste, quantity and volume of containers for

storage of municipal solid waste or based on

masses of municipal solid waste - specify as necessary)

VI. The procedure for fixing violations under the contract

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

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

operator draws up an act of violation by the regional operator

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

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

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

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

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

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

consumer.

Regional operator within 3 working days from the date of receipt

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

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

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

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

consumer, the regional operator offers other terms for elimination

detected violations.

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

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

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

18. In case of receiving objections from the regional operator

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

objections to make appropriate changes to the act.

19. The act must contain:

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

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

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

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

possessed by the party that sent the act);

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

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

photo and video filming.

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

operator of obligations under the contract to the authorized body

executive power of the subject of the Russian Federation.

VII. Responsibility of the parties

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

The parties to this Agreement are liable in accordance with

the legislation of the Russian Federation.

22. In case of non-performance or improper performance

the consumer of obligations to pay for this agreement regional

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

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

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

debt for each day of delay.

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

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

accumulation of such wastes defined by this agreement, the consumer

bears administrative responsibility in accordance with

the legislation of the Russian Federation.

VIII. force majeure circumstances

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

improper performance of obligations under this agreement, if it

was the result of force majeure circumstances.

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

is extended in proportion to the time during which such

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

25. The party affected by the force majeure

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

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

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

the specified circumstances. The notice must include time information.

occurrence and nature of these circumstances.

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

termination of force majeure circumstances, notify the other

IX. Contract validity

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

(date indicated)

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

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

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

new contract on different terms.

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

action by agreement of the parties.

X. Miscellaneous terms

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

valid if they are in writing, signed

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

availability).

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

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

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

ways to acknowledge receipt of such notification

addressee.

31. When executing this agreement, the parties undertake

be guided by the legislation of the Russian Federation, including

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

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

management of municipal solid waste.

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

legal force.

33. The annex to this agreement is its integral

Regional operator Consumer

__________________________________ ___________________________________

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

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

Information
on the subject of the contract

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

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

Document overview

The rules for handling municipal solid waste (MSW) have been approved. We are talking about the collection, transportation, processing, neutralization and disposal of waste.

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

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

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

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

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

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

NEW RULES FOR MANAGEMENT OF MSW

In accordance with the Federal Law of December 29, 2014 No. 458-FZ “On Amendments to the Federal Law “On Production and Consumption Wastes”, Certain Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as Invalid” (hereinafter - Federal Law No. 458-FZ) a new concept was introduced into Federal Law No. 89-FZ dated 06.24. "solid municipal waste".

DICTIONARY

Municipal solid waste(MSW) - waste generated in residential premises in the process of consumption by individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs. MSW also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals (Article 1 of Federal Law No. 89-FZ).

From January 1, 2016, Federal Law No. 89-FZ will be supplemented with a whole chapter - ch. V.1 "Regulation of activities in the field of municipal solid waste management" which includes the following articles:

Art. 24.6 "Regional operator for the treatment of municipal solid waste";
Art. 24.7 "Contract for the provision of services for the treatment of municipal solid waste";
Art. 24.8 "Types of activities and tariffs in the field of municipal solid waste management subject to regulation";
Art. 24.9 "Procedure for state regulation of tariffs in the field of solid municipal waste management";
Art. 24.10 "Calculation of the volume and (or) mass of municipal solid waste";
Art. 24.11 "The right to receive information in the field of municipal solid waste management";
Art. 24.12 "Organization of state control (supervision) in the field of regulation of tariffs in the field of solid municipal waste management";
Art. 24.13 "Investment program of the operator for the treatment of municipal solid waste."

Thus, according to the envisaged changes, for the implementation of activities for the collection, transportation, processing, disposal, neutralization and disposal of MSW in the territories of the constituent entities of the Russian Federation, regional operators.

DICTIONARY

Regional operator for the treatment of MSW- operator for the treatment of MSW - a legal entity that is obliged to conclude an agreement for the provision of services for the treatment of MSW with the owner of MSW, which are formed and the places of collection of which are located in the area of activity of the regional operator (Article 1 of Federal Law No. 89-FZ).

The status of a regional operator will be assigned to a legal entity on the basis of competitive selection for a period of at least 10 years.

Regional operators will have to carry out their activities in accordance with the regional waste management program and the territorial waste management scheme, the development and approval of which from January 1, 2016 will be attributed to the powers of the constituent entities of the Russian Federation.

It should be noted that at present it is not clear what the role of non-regional operator.

In 2016, in addition to fundamental changes in environmental legislation, dramatic changes are planned in the field of housing and communal services. Yes, in return for a favor. "garbage removal» a new utility service is being introduced, which will be called "Management of municipal solid waste".

Introduction new service will entail a change in the procedure for calculating the amount of payment for the collection and removal of MSW. Currently, the amount of payment for the provision of this service is determined per 1 m 2 of the total area occupied by the consumer premises. According to changes in Federal Law No. 89-FZ, the fee will be calculated based on the MSW accumulation standards for 1 person.

DICTIONARY

MSW accumulation standard- the average amount of MSW generated per unit of time (Article 1 of Federal Law No. 89-FZ).

For the service of a regional operator for the treatment of MSW, the executive authorities of a constituent entity of the Russian Federation will set a single tariff, while the costs of the operator for the processing and disposal of MSW will not be taken into account.

The regional operator will be obliged to conclude a service agreement either with the management organizations of apartment buildings or directly with the owners of the premises.

Thus, all contractual relations of management companies with transport organizations, landfills and other companies engaged in the management of housing stock waste must end before December 31, 2015, because. From January 1, 2016, the only possible party in relations related to MSW for management companies (HOA, ZhK, ZhSK, etc.) will be a regional operator - a single resource supply organization that will provide a service for the treatment of MSW and receive for its provision money from residents.

HAVE PROBLEMS - NO SOLUTIONS

In connection with the considered changes, a number of unresolved this moment problems.

Thus, one of these problems is the regulation of the issue maintenance and service of container sites. In most regions of our country, management companies used to take care of this issue, because. they were responsible for taking out the garbage. A certain part of the funds allocated for "garbage removal" was used to clean up container sites and other places of accumulation of municipal waste. After the amendments to the legislation regarding the management of MSW come into force, the management companies will not have the financial opportunity to continue servicing the sites, because. as mentioned earlier, the regional operator will receive funds from residents for the provision of the service "treatment of municipal solid waste". Options way out of this situation can be, for example, transfer of accumulation sites to the municipal form of ownership or leasing them to various specialized organizations.

Unfortunately, today the legislation does not indicate the boundaries of the balance delimitation. Where the responsibility of management companies ends and where the responsibility of a regional operator begins is still unclear.

Next pressing issue: what is TKO? Does the new definition correspond to all known definitions of the concept of “solid household waste» (MSW)? MSW definition given in the current edition Federal Law No. 89-FZ raises many questions. One of them is the belonging of certain types of waste to this category. Does MSW include, for example, wood waste that is generated as a result of seasonal cutting, pruning and trimming of trees in the yards of residential buildings? And estimates from cleaning the territory? After all, these wastes (and in in large numbers) are not formed in a residential area. Most likely, management companies will have to organize the collection of additional funds for cleaning up the territory from the above-mentioned waste. But will tenants agree to pay for so many “services”? Will legislative innovations appear in the form of cluttered garbage sites?

Once again, here is a quote from the new definition of MSW: “Solid municipal waste also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals”. Norms for legal entities will be calculated based on the number of employees. That is, in fact, most of the working population will pay for the provision of this utility service twice.

Naturally, hopes for resolving these issues are pinned on future amendments to Federal Law No. 89-FZ and by-laws. But so far, all these amendments exist only in the draft, while the changes regarding the treatment of MSW will come into force as early as January 1, 2016.

Thus, the most difficult tasks are now facing the executive authorities of the constituent entities of the Russian Federation, because by the beginning of 2016 they need to:

develop territorial waste management schemes;
identify regional operators;
establish marginal tariffs (tariffs for the processing, neutralization and disposal of MSW and a single tariff for the service of a regional operator for handling MSW);
approve regional programs in the field of waste management;
conclude contracts;
make up for the lack of waste recycling facilities.

They have less than 5 months to do all this.

REGIONAL WASTE MANAGEMENT PROGRAMS AND TERRITORIAL WASTE MANAGEMENT SCHEMES

Based on Art. 13.2 (will enter into force on 01.01.2016) Federal Law No. 89-FZ the regional program in the field of waste management should contain b:

1) values of target indicators in the field of waste management, incl. with MSW, the achievement of which is ensured as a result of the implementation of the relevant program;

2) a list of measures in the field of waste management, incl. with MSW, indicating the expected results in kind and value terms, including the economic effect from the implementation of the relevant program, the timing of these activities. This list should contain activities aimed at:

to stimulate the construction of facilities intended for processing, recycling, neutralization, disposal of waste, incl. MSW;
co-financing the construction of facilities for the collection, transportation, processing and disposal of waste from the use of goods;
promotion of waste recycling;
identification of places of unauthorized waste disposal;
prevention of harm to the environment when placing ownerless waste, incl. MSW, identification of cases of such harm and elimination of its consequences;
providing access to information in the field of waste management;

3) information on the sources of financial support for activities in the field of waste management, incl. with MSW.

4) other issues determined by the state authority of the constituent entity of the Russian Federation.

In accordance with Art. 13.3 (will enter into force on 01.01.2016) Federal Law No. 89-FZ the territorial waste management scheme should include:

1) data on the location of sources of waste generation on the territory of a constituent entity of the Russian Federation (with drawing the sources of their generation on a map of a constituent entity of the Russian Federation);

2) data on the amount of waste generated on the territory of a constituent entity of the Russian Federation, broken down by types and hazard classes of waste;

3) data on target indicators for the neutralization, recycling and disposal of waste established in the constituent entity of the Russian Federation (broken down by years);

4) data on the location of waste collection and accumulation sites on the territory of a constituent entity of the Russian Federation;

5) data on the location of facilities for processing, disposal, neutralization, disposal of waste, incl. MSW;

6) balance quantitative characteristics formation, processing, disposal, neutralization, disposal of waste, incl. MSW, on the territory of the corresponding subject of the Russian Federation;

7) scheme of waste streams, incl. MSW, from sources of their formation to facilities used for processing, recycling, neutralization, waste disposal, which includes graphic designations of places, the amount of waste generated, the number of objects used for processing, recycling, neutralization, waste disposal.

At the same time, the territorial scheme should be, first of all, a real and functional working tool.

BY THE WAY

The Ministry of Natural Resources of Russia has developed a draft Decree of the Government of the Russian Federation “On the requirements for the composition and content of territorial waste management schemes, including municipal solid waste”, according to which the territorial waste management scheme includes the following sections:
a) finding sources of waste generation;
b) the amount of generated waste;
c) targets for recycling, neutralization and disposal of waste;
d) places of collection and accumulation of waste;
e) facilities for processing, recycling, neutralization, disposal of waste, incl. MSW;
f) the balance of quantitative characteristics of the formation, processing, disposal, neutralization, disposal of waste;
g) scheme of waste streams;
h) electronic model of the territorial waste management scheme;
i) directions of development of the system of organization and implementation of activities for the collection, transportation, processing, disposal, neutralization, disposal of waste;
j) applications.

As Deputy Minister noted natural resources and Ecology of the Russian Federation R. Gizatulin: “The creation of a territorial scheme for managing waste streams in the regions is one of the ways to form a guarantee of long-term waste acceptance. In this way, we reinforce the manufacturer’s confidence that he will be able to comply with the requirements of the legislation on waste processing.”. According to him, the implementation of territorial schemes will facilitate the establishment of direct interaction between producers of goods and companies involved in the disposal of waste generated as a result of the use of these goods, and will become a condition for the creation of a waste management industry.

During the development of territorial schemes for waste management and regional programs in the field of waste management, it is necessary to conduct a detailed analysis of waste management, their morphological composition by season and the characteristics of waste processing and disposal facilities, as well as assess the overall economic feasibility of the selected schemes and programs.

DEVELOPMENT OF REGULATORY AND LEGAL ACTS IN THE FIELD OF MANAGEMENT WITH MSW

The constituent entities of the Russian Federation, in addition to solving the above tasks, must urgently adopt a number of laws and other regulatory legal acts in the field of MSW management.

Legislative acts of the constituent entities of the Russian Federation should regulate relations related to:

with the procedure for developing, coordinating and approving a regional program in the field of waste management;
the content and procedure for concluding an agreement between the executive authorities of the constituent entities of the Russian Federation and regional operators, as well as the conditions for bidding for the collection and transportation of MSW;
the procedure for transferring to local government bodies of a settlement or urban district the authority to establish standards for the accumulation of MSW (if necessary);
implementation of activities by regional operators.

ENVIRONMENTAL FEE

It is planned that funds from the payment of the environmental fee will be directed to the development of the industry.

concept "environmental fee" was introduced by Federal Law No. 458-FZ effective January 1, 2015 (see Articles 24.2 and 24.5 of Federal Law No. 89-FZ). This payment relates to non-tax revenues of the federal budget and must be paid by manufacturers, importers of goods subject to disposal.

The essence of the introduced changes is that manufacturers, importers of goods are obliged to ensure the disposal of waste from the use of these goods after they have lost their consumer properties on their own or by paying an environmental fee. The list of such goods, including packaging, relevant recycling standards, environmental duty rates for each group of goods subject to disposal after they lose their consumer properties, and the procedure for its collection are established by the Government of the Russian Federation.

NOTE

On June 1, 2015, a meeting was held with the participation of the Government of the Russian Federation to set the maximum levels of non-tax payments by entrepreneurs and organizations, at which it was decided to introduce until January 1, 2019 moratorium on non-tax payments entrepreneurs and organizations. Based on the results of the meeting, a protocol dated 06/01/2015 No. DM-P13-48pr was prepared with instructions from the Chairman of the Government of the Russian Federation D.A. Medvedev, incl. establish a recycling standard for all categories of goods in the amount of 0%, with the exception of batteries, tires, paper, incandescent lamps, as well as groups of goods for which recycling is already underway.

Funds received by the federal budget on account of payment of the environmental fee will be distributed through the implementation of state programs of the Russian Federation in the form of subsidies to the constituent entities of the Russian Federation in the following areas:

co-financing of regional programs in the field of waste management and territorial waste management schemes;
covering the costs of collection, transportation, processing, disposal of waste from the use of goods;
covering the deficit of funds received as payment by the population for services for the treatment of MSW;
execution of engineering surveys and preparation of project documentation for the construction of facilities used for waste disposal, waste disposal facilities, construction and equipping of such facilities.

These subsidies from the federal budget will be provided in the manner approved by the Government of the Russian Federation, in proportion to the population living in the territory of the subject of the Russian Federation.

Finally, we note that the new waste management system (see figure) is similar to the model of regulation in the field of heat supply, water supply and sanitation.

CONCLUSIONS

1. New system Waste management is a big step forward modern society. Unfortunately, Federal Law No. 458-FZ is very "raw". And due to the lack of additional by-laws, the implementation of such a global goal as reforming the waste management system is very limited. I would like to believe that this will not affect the quality of its implementation.

2. It is desirable to start developing regional programs in the field of waste management and territorial schemes for waste management now, because. less than 5 months remain before the relevant provisions of Federal Law No. 458-FZ come into force, and making adjustments is always easier than creating something from scratch.

Solid and liquid household waste

GOVERNMENT OF THE RUSSIAN FEDERATION

RESOLUTION

ON THE MANAGEMENT OF SOLID MUNICIPAL WASTE AND INTRODUCING AMENDMENTS TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF AUGUST 25, 2008 N 641

In accordance with the Federal Law "On Production and Consumption Waste", the Government of the Russian Federation decides:

Approve the attached Rules for the treatment of municipal solid waste.
Approve the attached form of a standard contract for the provision of services for the treatment of municipal solid waste.
Subparagraph "d" of paragraph 1 of Decree of the Government of the Russian Federation of August 25, 2008 N 641 "On equipping vehicles, technical means and systems with GLONASS or GLONASS / GPS satellite navigation equipment" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 35, Art. 4037 ) add the words ", transportation of municipal solid waste".

Prime Minister
Russian Federation
D. MEDVEDEV

Approved
Government Decree
Russian Federation
dated November 12, 2016 N 1156

COMMUNAL SOLID WASTE MANAGEMENT REGULATIONS

I. General provisions

1. These Rules establish the procedure for the collection, transportation, processing, disposal, neutralization and disposal of municipal solid waste, as well as the grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of municipal solid waste (hereinafter referred to as the regional operator).

2. The following concepts are used in these Rules:

"bunker" - a garbage collector intended for storage of bulky waste;
"removal of municipal solid waste" - transportation of solid municipal waste from the places of their accumulation and collection to facilities used for processing, recycling, neutralization, burial of solid municipal waste;
"container" - a garbage collector intended for storage of municipal solid waste, with the exception of bulky waste;
"container site" - a place of accumulation of municipal solid waste, equipped in accordance with the requirements of the legislation of the Russian Federation in the field of environmental protection and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population and intended for the placement of containers and bunkers;
"large-sized waste" - solid municipal waste (furniture, household appliances, waste from the current repair of residential premises, etc.), the size of which does not allow for their storage in containers;
"garbage truck" - a vehicle of category N used for the transport of municipal solid waste;
"consumer" - the owner of municipal solid waste or a person authorized by him, who has entered into or is obliged to conclude an agreement with the regional operator for the provision of services for the treatment of municipal solid waste.

The collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste must be safe for the population and the environment.

5. An agreement for the provision of services for the treatment of municipal solid waste is concluded between the consumer and the regional operator, in the area of activity of which solid municipal waste is generated and there are places for their collection and accumulation, in accordance with the form of a standard agreement for the provision of services for the treatment of municipal solid waste , approved by Decree of the Government of the Russian Federation of November 12, 2016 N 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 N 641".

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

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

b) in containers, bunkers located on container sites;

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

a) in bunkers located on container sites;

b) on special sites for storage of bulky waste.

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

Consumers are prohibited from storing municipal solid waste outside containers or in containers not intended for such types of waste, except as otherwise established by the legislation of the Russian Federation.

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

a) the subject matter of the contract;

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

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

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

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

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

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

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

j) liability of the parties.

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

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

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

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

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

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

36. The essential terms of the contract for the provision of services for the processing, neutralization, disposal of municipal solid waste are:

a) the subject matter of the contract;

b) requirements for the composition of municipal solid waste transferred to the operator for the treatment of municipal solid waste, the method of storing municipal solid waste;

c) the planned mass of municipal solid waste sent to the facility used for processing, neutralization, burial;

d) place of acceptance (transfer) of municipal solid waste;

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

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

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

i) liability of the parties.

37. The settlement period under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste is one calendar month.

b) payment for the services actually provided in the past month for the processing, neutralization, disposal of solid municipal waste, taking into account the funds previously paid by the consumer as payment for such services provided in the billing period, is carried out before the 10th day of the month following the month, for which payment is made. If the volume of actually rendered services for the processing, neutralization, disposal of solid municipal waste for the past month is less than the volume determined by the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the overpaid amount is offset against the upcoming payment for the next month.

39. In order to ensure the disposal of solid municipal waste, consumers have the right to conclude contracts for the provision of services for the disposal of solid municipal waste with a regional operator, an individual entrepreneur and (or) a legal entity engaged in the disposal of solid municipal waste, in accordance with the civil legislation of the Russian Federation.

IV. Grounds on which a legal entity may be deprived of the status of a regional operator

40. A legal entity may be deprived of the status of a regional operator on the following grounds:

a) during the calendar year, through the fault of the regional operator, there were repeated (2 times or more) violations of these Rules, and (or) the terms of contracts for the provision of services for the treatment of solid municipal waste, and (or) the terms of the agreement in relation to the volume (mass ) solid municipal waste generated in the area of activity of the regional operator, confirmed by acts of violation by the regional operator of obligations under the contract, drawn up in the manner prescribed by the form of a standard contract for the provision of services for the treatment of solid municipal waste, approved by the Decree of the Government of the Russian Federation dated November 12, 2016 . N 1156 "On the treatment of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 N 641";

41. A legal entity deprived of the status of a regional operator is obliged:

Approved
Government Decree
Russian Federation
dated November 12, 2016 N 1156

MODEL AGREEMENT FORM
FOR THE PROVISION OF SERVICES FOR THE MANAGEMENT OF SOLID
MUNICIPAL WASTE

STANDARD AGREEMENT
for the provision of services for the treatment of solid
municipal waste

______________________________ "__" _______ 20__
(place of conclusion of the contract)

___________________________________________________________________________
(name of company)
hereinafter referred to as the regional operator, represented by ___________________,
___________________________________________________________________________
(position title, last name, first name, patronymic of an individual)

on the one hand, and _________________________________________________________,
(name of organization, surname, name, patronymic of an individual)
hereinafter referred to as the consumer, represented by _______________________________
(Full Name,

passport data - in case of conclusion of an agreement by an individual,
job title, last name, first name, patronymic - in case of conclusion
contracts by a legal entity)
acting on the basis ________________________________________________,
(regulation, charter, power of attorney - specify the one you need)
on the other hand, hereinafter referred to as the parties, have concluded this agreement as follows:

I. Subject of the contract

1. Under the contract for the provision of services for the treatment of municipal solid waste, the regional operator undertakes to accept municipal solid waste in the volume and place specified in this agreement, and ensure their collection, transportation, processing, neutralization, disposal in accordance with the legislation of the Russian Federation , and the consumer undertakes to pay for the services of the regional operator at a price determined within the limits of the uniform tariff approved in the established manner for the service of the regional operator.
2. The volume of municipal solid waste, places of collection and accumulation of solid municipal waste, including bulky waste, and the frequency of removal of solid municipal waste, as well as information in graphical form on the location of places of collection and accumulation of solid municipal waste and access roads to them (for with the exception of residential buildings) are determined in accordance with the annex to this agreement.
3. Method of storage of municipal solid waste -
__________________________________________________________________________,
(garbage chutes and waste collection chambers, into containers, bins located on container sites, into bags or other containers
(indicate which) provided by the regional operator - indicate the one you need)
including bulky waste - ________________________________

(to bunkers located on container sites, on special sites for storing bulky waste - specify the one you need)
4. Date of commencement of the provision of services for the treatment of municipal solid waste "__" ____________ 20__

II. Terms and procedure for payment under the contract

5. The billing period under this agreement means one calendar month. Payment for services under this agreement is carried out according to
the price determined within the limits of the uniform tariff approved in the established order for the service of a regional operator: ________________________________.
(the amount of payment is indicated by the regional operator)
6. The consumer (with the exception of consumers in apartment buildings and residential buildings) pays for municipal solid waste management services in the following order:
35 percent of the cost of services for the treatment of municipal solid waste in the month for which payment is made is paid before the 18th day of the current month, 50 percent of the cost of these services in the month for which payment is made is paid before the end of the current month;
payment for services actually provided in the past month for the treatment of municipal solid waste, taking into account the funds previously paid by the consumer as payment for such services provided in the billing period, is carried out before the 10th day of the month following the month for which payment is made. In the event that the volume of actually rendered services for the treatment of municipal solid waste for the past month is less than the volume determined by this agreement, the overpaid amount is credited against the forthcoming payment for the next month.
A consumer in an apartment building or residential building pays for a utility service for the provision of services for the treatment of municipal solid waste in accordance with the housing legislation of the Russian Federation.
7. Reconciliation of settlements under this agreement is carried out between the regional operator and the consumer at least once a year at the initiative of one of the parties by drawing up and signing by the parties of the relevant act.
The party initiating the reconciliation of settlements draws up and sends to the other party a signed act of reconciliation of settlements in 2 copies by any available method (postal item, telegram, fax message, telephone message, information and telecommunication network "Internet"), allowing to confirm receipt of such notification by the addressee. The other party is obliged to sign the act of reconciliation of settlements within 3 working days from the date of its receipt or provide a reasoned refusal to sign it with the direction of its version of the act of reconciliation of settlements.
If a response is not received within 10 working days from the date of sending the settlement reconciliation report to the party, the sent report is considered agreed and signed by both parties.

III. The burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the place of loading municipal solid waste

8. The regional operator for the treatment of solid municipal waste is responsible for the management of solid municipal waste from the moment such waste is loaded into a garbage truck at the places of collection and accumulation of solid municipal waste.
9. The burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the site
loading of municipal solid waste located in the local area, which is part of the common property of the owners of premises in
apartment buildings, bears ______________________________________________
(owners of premises in an apartment building
__________________________________________________________________________.
house, a person involved by the owners of premises in an apartment building under contracts for the provision of services for the maintenance of common property
in such a house, another person specified in the agreement - indicate the required one)
10. The burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the site
loading of municipal solid waste that is not part of the common property of the owners of premises in apartment buildings, is
__________________________________________________________________________.
(owner of the land plot on which such site and territory are located, other person specified in the agreement - specify the required one)

IV. Rights and obligations of the parties

11. The regional operator is obliged:
a) accept municipal solid waste in the amount and in the place specified in the appendix to this agreement;
b) ensure the collection, transportation, processing, neutralization, disposal of accepted municipal solid waste in accordance with the legislation of the Russian Federation;
c) provide the consumer with information in accordance with the information disclosure standards in the field of municipal solid waste management in the manner prescribed by the legislation of the Russian Federation;
d) respond to complaints and appeals of consumers on issues related to the execution of this agreement, within the period established by the legislation of the Russian Federation for consideration of appeals from citizens;
e) take the necessary measures for the timely replacement of damaged containers belonging to him on the basis of ownership or on other legal grounds, in the manner and within the time limits established by the legislation of the subject of the Russian Federation.
12. The regional operator has the right:
a) exercise control over accounting for the volume and (or) mass of accepted municipal solid waste;
b) initiate a reconciliation of settlements under this agreement.
13. The consumer is obliged:
a) carry out storage of solid municipal waste in the places of collection and accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the territorial waste management scheme;
b) provide accounting for the volume and (or) mass of solid municipal waste in accordance with the Rules for the commercial accounting of the volume and (or) mass of solid municipal waste, approved by Decree of the Government of the Russian Federation of June 3, 2016 N 505 "On approval of the Rules for the commercial accounting of volume and (or) masses of solid municipal waste";
c) make payment under this agreement in the manner, amount and terms specified in this agreement;
d) ensure the storage of municipal solid waste in containers or other places in accordance with the annex to this agreement;
e) prevent damage to containers, incineration of municipal solid waste in containers, as well as at container sites, storage of prohibited waste and items in containers;
f) appoint a person responsible for interaction with the regional operator on the execution of this agreement;
g) notify the regional operator of any

On November 12, the Government of the Russian Federation approved Decree N 1156, in which it determined new MSW handling rules, namely: the procedure for collecting, moving, processing, neutralizing, burying and processing municipal solid waste. As an annex to the decision, type form contracts for the provision of services for the treatment of MSW.

What has changed in the Rules, what are the requirements for regional operators for the treatment of MSW, and which ones - to consumers, we will tell today.

"Garbage" reform

November has become a key month for the "garbage" reform. Firstly, the difficulties in its implementation became obvious, which forced the Government of the Russian Federation to talk about extending the reform until 2019. The Ministry of Construction of the Russian Federation supported the postponement, pointing out that not all regions are ready for changes.

Secondly, Decree of the Government of the Russian Federation of 03.11.2016 N 1133 approved the Rules for conducting auctions, after which prices are formed for MSW management services for the regional operator. The auction is expected to support competition in the MSW market after the arrival of a regional operator.

And here is a new resolution of November 12, approving the Rules for the treatment of MSW. The document details:

requirements for MSW storage for consumers;
obligations of the regional operator for the treatment of MSW;
the procedure for the operator to handle MSW if more than 1 cubic meter of garbage is found in the wrong place;
obligations of land owners to eliminate places of unauthorized garbage collection;
rules for the collection of electrical waste;
rules for drawing up a contract for the provision of services for the treatment of MSW;
standards for garbage trucks;
rules for the processing, processing, disposal and disposal of MSW and requirements for the relevant contract;
reasons for revoking the status of a regional operator for the treatment of MSW;
obligations of a legal entity that has lost the status of a regional operator.

Features of MSW collection

MSW management, including processing, collection, transportation, etc., is a duty. It arises after the signing of the contract with consumers. Consumers (owners of MSW), in turn, cannot refuse to conclude an agreement for the provision of services for the treatment of MSW.

MSW collection sites should not remain a mystery to consumers, so the regional operator notifies each of them about where the waste storage sites are located. For content garbage containers and sites are the responsibility of the owners of the land plots on which they are located, or, if such objects are part of the OI in the MKD, the owners of the premises in the MKD. The responsibility of the regional operator arises from the moment the MSW is loaded into the garbage truck.

Features of garbage collection are established by regional legislation. Yes, if appointed separate collection garbage, consumers will not be able to protest such a decision.

Requirements for MSW storage for consumers

Consumers are obliged to collect garbage in places determined by the waste management scheme. In the contract for the provision MSW management services concluded with the regional operator, the method of waste storage must be indicated. According to it, consumers collect waste in:

containers of garbage collection chambers, if it is provided by the internal engineering system,
containers on container sites;
containers provided by the regional operator.

Bulky waste - furniture, appliances, etc. - is collected in bins or on special sites designed for this purpose. At the same time, such garbage is removed either independently by consumers, or by regional operators upon request.

Since still not everyone observes elementary MSW handling rules, legislators decided to document them. Do not collect hot waste, snow and ice, mercury-containing lamps, batteries and accumulators, waste that can harm life and health, damage waste collection equipment in containers.

Consumers are prohibited from illegal dumping and collection of MSW outside containers. It is important to remember about responsibility: if a regional operator detects an unauthorized waste collection site with a volume of 1 cubic meter, he has the right to notify the state environmental control body of the violation.

Within 30 days, the owner of the land plot must eliminate the landfill. If they do not take any action, the landfill is removed by the regional operator, after which he goes to court for damages.

Requirements for garbage trucks

RF PP N 1156 approved garbage truck requirement- from January 1, 2018, all cars must be equipped with a satellite navigation system.

The owners of such machines are operators for the treatment of solid waste, so they should take care of installing a satellite navigation system.

When transporting MSW, it is impossible to compact the waste and overload the machine. For each garbage truck, a route log is created, which contains data on the movement of the vehicle, loading and unloading garbage. Electronic journaling is allowed.

A copy of the route log can be provided upon request:

regional operator,
executive authorities of the constituent entity of the Russian Federation,
local authorities.

Why you can lose the status of a regional operator

According to chapter 4 of the regulation, a legal entity loses the status of a regional operator if:

during the year, two or more times violates the Rules, terms of the contract or agreement on volume of MSW;
due to two or more violations of the Rules, harm was caused to human life or health;
accumulated arrears in payment for the services of the operator for the treatment of MSW, exceeding 1/12 of the required gross revenue of the regional operator;
the scheme of MSW flows is violated.

What can a legal entity that has lost its status regional operator for the treatment of MSW to do in such a situation?

First of all, it is necessary to fulfill the duties of a regional operator until the day when a new regional operator takes over. After, within 10 working days, all information should be transferred and Required documents- and these include a register of contracts and copies of concluded contracts - to a new regional operator for the treatment of MSW.

September 3, 2019 , Technological development. Innovation On the signing of the Agreement of Intent between the Government of Russia and the Management Company Russian Foundation Direct Investments in order to develop a high-tech area " Artificial intelligence" in Russia Order dated September 3, 2019 No. 1964-r. The signing of the Agreement is aimed at attracting mutually beneficial cooperation between industrial, scientific, educational and other organizations, whose combined efforts are necessary to achieve the target indicators of Russia's technological development.

September 3, 2019 , Automotive and special equipment On the renewal of the ambulance fleet medical care and school buses in the subjects of the Federation Order dated September 3, 2019 No. 1963-r. More than 1.55 thousand ambulances and more than 2.45 thousand school buses are expected to be additionally delivered to the subjects of the Federation.

September 3, 2019 , Law enforcement monitoring Law enforcement monitoring plan for 2020 approved Order dated August 31, 2019 No. 1951-r. Law enforcement monitoring involves the collection, generalization, analysis and evaluation of information for the adoption, amendment or invalidation of the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Federation and municipal legal acts.

August 31, 2019 , Inland water transport and maritime activities A new version of the Strategy for the Development of Maritime Activities of the Russian Federation until 2030 was approved Order dated August 30, 2019 No. 1930-r. The new version of the Strategy, taking into account the current political and socio-economic situation in the country and the world, defines the priorities, goals and objectives of Russia's maritime activities for the long term, clarifies the forecast values of the target indicators of the second stage of the Strategy and determines the forecast values of the target indicators of its third stage (in the previous there was no edition of the target indicators - only promising ways of development).

August 31, 2019 , Literature and book publishing. Libraries The plan for the development of the federal state information system "National e-library» Order dated August 28, 2019 No. 1904-r. The plan, in particular, provides for the legal regulation of the work of the NEB, the improvement of the information technologies, selection and encyclopedic systematization of knowledge from book, archival, museum and university funds, ensuring the inclusion in the NEL of electronic copies of 100% of Russian publications as a legal deposit.

August 30, 2019 An organizing committee was formed to prepare and hold the Second Caspian Economic Forum in Astrakhan in 2021 Order dated August 30, 2019 No. 1929-r

August 29, 2019 , State Program "Development of Culture" for 2013-2020 On budgetary appropriations for the reconstruction of cultural objects in the subjects of the Federation Order dated August 29, 2019 No. 1924-r. Approved the targeted (per object) distribution of subsidies provided in 2019-2021 to the budgets of the Republics of Buryatia, North Ossetia- Alania, Khakassia, Tyva, the Udmurt Republic, the Trans-Baikal Territory, the Astrakhan, Murmansk, Omsk and Pskov regions to co-finance capital investments in the reconstruction of cultural facilities.

August 29, 2019 , Rail transport The authorized capital of OJSC Russian Railways has been increased Decree of August 27, 2019 No. 1872-r, Decree of August 27, 2019 No. 1094. The authorized capital of JSC Russian Railways has been increased by 44.07 billion rubles in order to increase the level of economic connectivity of the territory of Russia and the integrated development of the Mezhdurechensk - Taishet Krasnoyarsk section railway. Appropriate funds are provided in the federal budget.

August 29, 2019 The Regulations on the Supervisory Board of the State Development Corporation VEB.RF were approved Decree of August 29, 2019 No. 1117

August 29, 2019 , Fishing, aquaculture, fish processing The procedure for holding auctions for the sale of the right to conclude an agreement on the provision of quotas for the extraction of crabs for investment purposes has been determined Orders of August 28, 2019 No. 1917-r and No. 1918-r, resolutions of August 28, 2019 No. 1112 and No. 1113. Lists of crab species in certain areas of their production (catch) and construction objects, the number and size of auction items, requirements for projects for the construction of fishing vessels, as well as the rules for holding auctions and an approximate form, the procedure for preparing and concluding an agreement on fixing shares of quotas for harvesting crabs for investment purposes. This will ensure a transparent competitive environment in the most profitable and most demanded from the investment side for the business segment of production. In addition, additional federal budget revenues will be provided, and a new, modern crab fleet will be built.

August 28, 2019 , Sanitary and epidemiological safety The plan for the implementation of the Fundamentals of State Policy in the field of ensuring chemical and biological safety was approved Order dated August 28, 2019 No. 1906-r. The plan provides for the improvement of legal regulation in the field of ensuring chemical and biological safety, the development of the state program "Ensuring the chemical and biological safety of the Russian Federation."

August 27, 2019 , Space industry The procedure for the creation and maintenance of the federal fund of Earth remote sensing data from space has been established Resolutions of August 24, 2019 No. 1086, No. 1087, No. 1088. In order to increase the efficiency and expand the possibilities of using Earth remote sensing data from space, a federal fund for Earth remote sensing data from space is being created. The signed resolutions regulate the issues of creating and maintaining the federal fund, determine the terms for the transfer of data and metadata to the federal fund, their composition and methods of transfer.

August 27, 2019 , Environmental safety. Waste management A temporary restriction was introduced on the import of ozone-depleting substances into Russia in 2019 Decree of August 24, 2019 No. 1089. The purpose of the imposed restrictions is to ensure the protection of the ozone layer of the atmosphere and the fulfillment of Russia's obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.

August 23, 2019 , State policy in the field of research and development Indicators for the implementation of the Strategy for Scientific and Technological Development have been established, the dynamics of which is subject to monitoring Order dated August 15, 2019 No. 1824-r. 11 indicators have been identified that reflect the progress of the implementation of the Strategy in the following areas: the impact of science and technology on the socio-economic development of Russia, including due to the transition to a model of great challenges; the state and effectiveness of the sphere of science, technology and innovation; the quality of state regulation and service provision of scientific, scientific, technical and innovative activities.

August 23, 2019 , Social innovations. non-profit organizations. Volunteering and volunteering. Charity The rules for the functioning of a unified information system in the field of volunteerism development were approved Decree of August 17, 2019 No. 1067. The decisions taken are aimed at providing information and analytical support for volunteer activities, and will allow the formation of a single platform for the interaction of institutions of volunteer activity.

August 22, 2019 , General issues of the agro-industrial complex A new version of the list of products for the provision of state support to organizations involved in primary and industrial processing agricultural products Order dated August 21, 2019 No. 1856-r. The decisions taken will help stimulate the production of the main types of agricultural products and products of the food and processing industry, the development of exports of Russian agricultural products, raw materials and foodstuffs.

August 19, 2019 , Business environment. Development of competition Rules for the implementation of the action plan "Transformation of the business climate" approved Resolution dated August 10, 2019 No. 1042, order dated August 10, 2019 No. 1795-r. The decisions made will make it possible to create an integrated system for the formation, monitoring and control of the implementation of the action plan "Transformation of the business climate", to establish the powers of expert groups and increase responsibility for the results of their activities, as well as to involve business entities in the process of regulatory improvement of business conditions.

August 15, 2019 , Crop production The Long-Term Strategy for the Development of the Russian Grain Complex until 2035 was approved Order dated August 10, 2019 No. 1796-r. The goal of the Strategy is to form a highly efficient, scientifically and innovatively oriented, competitive and investment-attractive balanced system for the production, processing, storage and sale of basic grain and leguminous crops, their processed products, which guarantees Russia's food security, fully meets the country's domestic needs and creates a significant export potential.

Rules for the treatment of solid waste. A new MSW management system: a bright future or a road to nowhere? Requirements for garbage trucks

Rules solid municipal waste management

I. General provisions

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

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

IV. Grounds on which a legal entity may be deprived of the status of a regional operator

Model contract form for the provision of services for the treatment of municipal solid waste (approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156)

Information on the subject of the contract

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

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

Document overview

NEW RULES FOR MANAGEMENT OF MSW

HAVE PROBLEMS - NO SOLUTIONS

REGIONAL WASTE MANAGEMENT PROGRAMS AND TERRITORIAL WASTE MANAGEMENT SCHEMES

DEVELOPMENT OF REGULATORY AND LEGAL ACTS IN THE FIELD OF MANAGEMENT WITH MSW

ENVIRONMENTAL FEE

CONCLUSIONS

COMMUNAL SOLID WASTE MANAGEMENT REGULATIONS

I. General provisions

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

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

IV. Grounds on which a legal entity may be deprived of the status of a regional operator

STANDARD AGREEMENT for the provision of services for the treatment of solid municipal waste

I. Subject of the contract

II. Terms and procedure for payment under the contract

III. The burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the place of loading municipal solid waste

IV. Rights and obligations of the parties

"Garbage" reform

Features of MSW collection

Requirements for MSW storage for consumers

Requirements for garbage trucks

Why you can lose the status of a regional operator

Rules
solid municipal waste management

Model contract form
for the provision of services for the treatment of municipal solid waste
(approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156)

Information
on the subject of the contract

STANDARD AGREEMENT
for the provision of services for the treatment of solid
municipal waste