“On approval of the Procedure for maintaining state cadastre waste. By order of Rosprirodnadzor dated July 18, 2014 No. 445, a new federal classification catalog of waste (FKKO-2014) was approved. In addition, a waste data bank (WDB) and a transition converter from FCKO 2002 to FCCO 2014 were posted on the Ministry of Natural Resources website.
In this regard, many questions arise. Here are just a few of them:
- At first glance, the work of waste certification has been simplified, the procedure for approving a passport has been eliminated, but the procedure for waste certification has not been prescribed.
- It is said that passports issued before August 1, 2014 are valid, do they need to be confirmed and what to do when a previously issued passport contains a waste that is not in the FKKO-2014.
- Is it necessary to confirm the hazard class of waste if it is included in FKKO-2014 and BDO and everything matches classification characteristics waste: origin, conditions of formation, chemical and/or component composition, state of aggregation, physical form.
The Ministry of Natural Resources of the Russian Federation published a letter dated September 15, 2014 No. 05-12-44/20925, in which Once again An attempt is made to provide clarification on the procedural actions of business entities to confirm the classification of waste of hazard classes I–IV to a specific hazard class and certification of waste. It should be noted that all these clarifications are temporary until the orders of the Ministry of Natural Resources come into force “On approval of the Procedure for classifying waste of I-IV hazard classes to a specific hazard class” and “On approval of the Criteria for classifying waste into I-V hazard classes by degree negative impact on the environment." Nevertheless, in this article we will try to convey to nature users in simple language requirements of Rosprirodnadzor regarding waste certification current on present day.
First of all, I would like to note that, as stated in the letter, “... the procedure for confirmation by an economic entity that waste is classified as a specific hazard class is primary before the waste certification procedure...”, i.e. This is the same coordination with Rosprirodnadzor only from the “other side”. New order does not make life any easier for nature users. If previously it was necessary to approve the passport with all the documents attached to it at Rosprirodnadzor, now you must first obtain confirmation from Rosprirodnadzor that the waste is classified as a specific hazard class. To obtain this confirmation, you need to attach the same number of documents to your application as before, and sometimes more. In terms of time, the procedure for obtaining confirmation takes 45 days for waste included and corresponding to the classification criteria of FKKO-2014 and BDO, and 90 days for waste that does not comply with FKKO-2014 and BDO.
The exit passport was agreed upon by August 1, 2014. Clause 1 of the letter states that materials confirming the classification of waste to a specific hazard class, agreed upon before August 1, 2014, can be used to issue a passport in accordance with the requirements of Resolution No. 712. And only, i.e. the certification procedure must be completed in a new way for all waste I – IV hazard classes, regardless of whether you have a passport or not. The only relief is that you do not have to return to the laboratory to determine the component composition of the waste. In this case, the following must be attached to the documents submitted to Rosprirodnadzor:
- certificate of hazard class and hazardous waste passport previously approved by Rosprirodnadzor;
- a copy of the sampling report and copies of laboratory accreditation documents (or copies technological regulations, technical specifications, standards, project documentation);
- protocol for calculating the hazard class in accordance with the order of the Ministry of Natural Resources dated December 4, 2014 No. 536.
The letter sets a limit. Old passports and accompanying materials can only be used if they contain “information that makes it possible to unambiguously compare the classification characteristics of a particular type of waste with the classification characteristics of the types of waste included in the FKKO and BDO.” This means that the waste from FKKO-2002, for which the passport was issued, must be present in the transition converter, have the same hazard class and have the same classification characteristics: origin, conditions of formation, chemical and/or component composition, state of aggregation, physical form . If this is not the case, throw away your old passport and apply for a new one “from scratch.”
Although paragraph 2 of the letter notes that “... for waste included and not included in the federal waste classification catalog, a different procedural procedure for certification is provided ...”, in fact, the only difference is that a proposal is submitted either for compliance or for the inclusion of a new type of waste in FKKO and BDO. All the main work on waste certification is no different. It is necessary to do laboratory analysis, calculate the hazard class, etc.
Below is list of documents and supporting materials, which must be sent to the territorial bodies of Rosprirodnadzor to receive confirmation assigning waste to a specific hazard class:
- Statement on confirmation of the assignment of a type of waste to a specific hazard class with the registration data of the business entity.
- Initial information about waste(origin, conditions of formation, state of aggregation and physical form).
- Documents confirming chemical and/or component composition of waste:
- if based on tests, then (certified by the laboratory);
- if based on technological processes, then copies of technological processes, technical specifications, standards, design documentation(certified by the business entity).
- Documents confirming the classification of waste to a specific hazard class in accordance with Order No. 541 of the Ministry of Natural Resources of the Russian Federation dated December 5, 2014:
- with the calculation method: hazard class calculation protocol(certified by the business entity);
- with the experimental method(according to the dilution factor of the aqueous extract from the waste): copies of waste sampling reports and copies of laboratory accreditation documents(certified by the laboratory).
- If the waste is included in the FKKO and BDO, offer of compliance of a given type of waste to a specific type of waste included in the FKKO and BDO. Or if the waste is not included in the FKKO and BDO, proposal for inclusion of this type of waste in FKKO and BDO and assigning a code and name to it.
The entire list of documents and supporting materials is presented on our website in more detail.
Passports hazardous waste are developed at each enterprise, during the production activities of which waste is generated. As a rule, their registration occurs as part of the PNOLR project. This is a consequence of the requirements of the Law of the Russian Federation “On Production and Consumption Waste” No. 89-FZ dated June 24, 1998 and directly clause 3 of Art. 14. Currently, certification is a mandatory procedure for enterprises that generate waste from hazard classes I to IV, which is justified by the requirements of the environmental legislation of the Russian Federation.
The most common are passports for fluorescent lamps And household waste. Differences in the preparation and approval of waste passports various types no: be it waste of hazard class 1 (lamps), hazard class 2 (acetone), hazard class 3 (oils) or hazard class 4 (household waste). Passports are not required for class 5 waste. They develop information about waste based on laboratory protocols.
New hazardous waste passports.
Previously, hazardous waste passports were developed in accordance with the FKKO dated 2002, but with the entry into force of the Russian Government Decree No. 712 dated August 16, 2013, this classification catalog became invalid. Accordingly, all waste passports compiled earlier based on its contents. In this regard, many enterprises require re-issuance of hazardous waste passports compiled earlier before 2014.
This resolution does not apply to previously issued documents in the field of waste management, such as PNOOLR, documents assigning hazardous waste to a certain class and licenses for activities for the neutralization and disposal of hazardous waste until their expiration date.
According to the new resolution, reissued passports, or passports drawn up after the publication of the resolution, are valid indefinitely. The following factors may be a prerequisite for a new re-issuance of hazardous waste passports:
- changing the name of the enterprise,
- merging it with another organization,
- reorganization,
- change of location address, etc.
In this case, re-issuing a passport will be a purely technical procedure that does not require large financial and time expenditures.
Re-issuance of hazardous waste passports.
To re-issue a previously issued waste passport, you must provide the following package of documents to the local office of Rosprirodnadzor:
- Certified copies of new and previously issued passports.
- A copy of the document on the waste hazard class (also certified and issued by the territorial body of the Ministry Natural resources RF).
Do not forget that materials from previously received passports can be used when re-issuing them according to new requirements. To do this, the following documents are provided to Rosprirodnadzor:
- Previously approved passport and certificate of assignment of the waste hazard class.
- Copies of documents confirming the fact of waste analysis (sampling report, laboratory accreditation certificate).
- A protocol for calculating the waste hazard class, drawn up in accordance with MPR Order No. 511, is also provided.
The cost of re-issuing waste passports in commercial specialized organizations ranges from two thousand rubles and more.
New waste passports and certification procedures.
In order to understand what the new waste passports are, it is necessary to understand what the concept of “waste passport” generally includes. In general, waste passports are environmental documents confirming that waste belongs to a certain type, as well as a hazard class, and containing information about its component composition. It is worth noting that a passport is required for enterprises whose operation generates hazardous waste of classes I-IV.
At the moment, the procedure for waste certification is fully prescribed in Government Decree No. 712 of August 16, 2013.
In addition to this Resolution, Order No. 445 of Rosprirodnadzor dated July 17, 2014 approved a new federal classification catalog of waste (FKKO). At the moment, the classification of waste into a specific type according to the FKKO is carried out according to their properties and characteristics.
As for the procedure for certification of waste included in the FKKO, passports for them are drawn up according to the proposed form (Government Decree No. 712). Information about waste is generated based on the following data:
- composition,
- properties,
- degree of danger, determined depending on the nature of the waste’s impact on the environment.
It is also worth noting here that according to the new Resolution, the initial procedure is to determine the hazard class of waste, and then its certification.
Coordination of hazardous waste passports.
It should be noted that from January 1, 2016, passports of hazardous waste included in the FKKO are no longer approved by Rosprirodnadzor. Copies of new waste passports certified by the head of the organization are sent by mail or in person to the branches of Rosprirodnadzor in a notification procedure. It is important to pay attention to the documents confirming the fact of their transfer, as well as indicating the date of acceptance of the package by the regulatory authorities.
Rosprirodnadzor checks the completeness of the submitted documents within 5 days from the date of their submission. In cases of discrepancies in the information provided, the materials are returned for revision, which should not take more than twenty-five days.
What if the waste is not included in the FKKO?
If the name of the waste is not in the waste catalogue, then the management of the enterprise is obliged to determine the hazard class for it no later than 90 days from the moment of its generation at the enterprise. This is done in order to enter data about this waste into the classification catalogue. Happening this procedure by submitting a proposal to Rosprirodnadzor to include waste in the FKKO, based on its characteristics.
To justify the type of waste, along with a proposal to include it in the catalog, the following information is sent:
- about its origin,
- state of aggregation,
- ways of education,
- laboratory tests are being prepared chemical composition waste with attached information about the accreditation of the laboratory that conducted the tests.
When establishing the composition of waste during sampling, reports are attached this selection. In case of establishing the composition, according to the content technical regulations, standards, conditions, etc. – You will need to provide copies of these documents. Also, as part of the documentation, data on the assignment of the corresponding hazard class to the waste (1,2,3,4) is sent.
New in waste passports.
An innovation in the waste certification procedure is that now passports issued in accordance with the new requirements do not have a set validity period and are valid indefinitely. Making any changes to approved new passports is not permitted.
Another innovation is that passports are approved directly by the management of the enterprise, and not by regulatory authorities, as was previously the case.
Fines.
When making a decision to reissue or develop new hazardous waste passports, an organization should not forget that their absence may be considered a violation of environmental legislation. This may threaten the company with a fine in the amount of 100 to 250 thousand rubles, which is regulated by Article 8.2 of the “Code of Administrative Offenses” No. 195-FZ of December 30, 2001. Fines threaten not only the enterprise itself, but also the person responsible for waste certification (for example, a full-time ecologist), and amount to up to 30 thousand rubles. For entrepreneurs who are not a legal entity, the fine can range from 30 to 50 thousand rubles.
Old waste passports are invalid.
On August 1, 2014, the changes approved by Order No. 792 of the Ministry of Natural Resources of the Russian Federation of September 30, 2011 and Government Decree No. 712 of August 16, 2013 came into force, as a result of which:
Expired:
- Old FKKO-2002 (MPR order No. 786 dated December 2, 2002)
- Order on amendments to FKKO No. 663 dated July 30, 2002
- Decree of the Government of the Russian Federation on the procedure for certification of hazardous waste No. 818 dated October 26, 2000
Came into force in 2014:
- RPN order on the new FKKO No. 445 dated 07/18/14
- Order of the RPN on the inclusion of hazardous waste disposal facilities in the state register No. 479 dated August 1, 2014
- New procedure for certification and a new form of waste passport. (Government Decree No. 712 of August 16, 2013)
In practice, these changes mean that:
- Everyone must confirm the hazard class of waste according to the new FKKO-2014.
- Apply for a new passport (valid for an indefinite period).
- Re-develop the draft PNOOLR standards
- Transfer hazardous waste for disposal only to legal entities with a waste management license included in the GRRORO (from 07/01/2016).
Certification according to the new procedure is carried out as follows.
Assignment of waste to a hazard class is carried out for all waste, regardless of whether they are present in the FKKO or not, in accordance with the criteria that came into force on 01/01/2016 (MPR Order of 12/04/2014 N 536) For waste registered at FKKO, a passport is issued.
A copy of the passport, approved by the head of the organization, and a set of documents for assignment to a specific hazard class are transferred to Rosprirodnadzor.
For those wastes that are not in the FKKO, it is necessary to carry out the procedure for assigning the waste to a specific hazard class within 90 days from the date of waste generation. These materials are sent to Rosprirodnadzor for inclusion of this waste name in the FKKO.
An approved passport does not expire.
The waste hazard class certificate has been canceled and will not be issued by Rosprirodnadzor since August 1, 2014.
Let us remind you that certification is mandatory for everyone. legal entities And individual entrepreneurs(Article 14 of Federal Law No. 89). For the absence of a passport, even for one waste of hazard class 1-4, a fine of up to 250,000 rubles is provided. or suspension of activities for up to 90 days (Article 8.2 of the Code of Administrative Offenses of the Russian Federation).
The Biosphere company provides services for issuing hazardous waste passports for new form, in particular:
- Conducts an inventory of waste on the territory of the enterprise, identifying waste that requires certification;
- Develops hazardous waste passports in accordance with the requirements established by law.
- Coordinates passports with the territorial department of Rosprirodnadzor.
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