Federal law dated December 30, 2008 N 309-FZ, Article 9 of this Federal Law is set out in new edition, which comes into force one hundred and eighty days after the day of official publication of the said Federal Law
Federal Law of November 8, 2007 N 258-FZ Article 9 of this Federal Law is stated in a new wording
See the text of the article in the previous edition
Article 9. Licensing of activities for collection, use, disposal, transportation, disposal of waste
Licensing of activities for the collection, use, disposal, transportation, disposal of waste is carried out in accordance with the Federal Law of August 8, 2001 N 128-FZ "On Licensing individual species activities".
See Regulations on licensing activities for the collection, use, neutralization, transportation, disposal of waste of I - IV hazard class, approved by Decree of the Government of the Russian Federation of August 26, 2006 N 524
See comments to Article 9 of this Federal Law
Article 10. Requirements for the design, construction, reconstruction, conservation and liquidation of enterprises, buildings, structures, structures and other objects
Federal Law No. 309-FZ of December 30, 2008 amended paragraph 1 of Article 10 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
1. During the design, construction, reconstruction, conservation and liquidation of enterprises, buildings, structures, structures and other objects during the operation of which waste is generated, citizens who carry out individual entrepreneurial activity without forming a legal entity (hereinafter referred to as individual entrepreneurs), and legal entities are obliged:
have technical and technological documentation on the use and neutralization of generated waste.
See GOST 30772-2001 "Resource conservation. Waste management. Terms and definitions", GOST 30773-2001 "Resource conservation. Waste management. Stages of the technological cycle. Basic provisions", put into effect by Decree of the State Standard of the Russian Federation dated December 28, 2001 N 607-st
Federal Law No. 232-FZ of December 18, 2006 introduced amendments to paragraph 2 of Article 10 of this Federal Law, which come into force on January 1, 2007.
See the text of the paragraph in the previous edition
2. Construction, reconstruction, conservation and liquidation of enterprises, buildings, structures, structures and other objects, the operation of which is related to waste management, are permitted subject to a positive conclusion of the state examination, carried out in accordance with the legislation on urban planning activities, state examination project documentation the specified objects.
Cm. Guidelines on the preparation of materials submitted for state environmental assessment to justify the planned activities for collection, use, neutralization, transportation, disposal hazardous waste, approved by order Federal service on environmental, technological and nuclear supervision dated August 28, 2007 N 596a
3. When designing residential buildings, as well as enterprises, buildings, structures, structures and other objects during the operation of which waste is generated, it is necessary to provide places (sites) for the collection of such waste in accordance with established rules, standards and requirements in the field of waste management.
See comments to Article 10 of this Federal Law
Federal Law No. 309-FZ of December 30, 2008 amended Article 11 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
See the text of the article in the previous edition
Article 11. Requirements for the operation of enterprises, buildings, structures, structures and other objects
Individual entrepreneurs and legal entities during the operation of enterprises, buildings, structures, structures and other objects related to waste management are obliged to:
comply with environmental, sanitary and other requirements established by law Russian Federation in the field of environmental protection and human health;
develop draft standards for waste generation and limits on waste disposal in order to reduce the amount of waste generation;
Cm. Guidelines on the development of draft standards for waste generation and limits on their disposal, approved by order of the Federal Service for Environmental, Technological and Nuclear Supervision of October 19, 2007 N 703
Deploy low-waste technologies based on the latest scientific and technical achievements;
carry out an inventory of waste and its disposal facilities;
monitor the state of the environment in the territories of waste disposal sites;
provide in in the prescribed manner necessary information in the field of waste management;
comply with the requirements for preventing accidents related to waste management and take urgent measures to eliminate them;
in the event of the occurrence or threat of accidents related to waste management that cause or may cause damage to the environment, health or property of individuals or the property of legal entities, immediately inform the federal executive authorities in the field of waste management, executive authorities of the constituent entities about this Russian Federation, authorities local government.
See comments to Article 11 of this Federal Law
Federal Law No. 309-FZ of December 30, 2008 amended Article 12 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
See the text of the article in the previous edition
Article 12. Requirements for waste disposal facilities
1. The creation of waste disposal facilities is carried out on the basis of permits issued federal authorities executive power in the field of waste management in accordance with its competence.
2. Determination of the construction site of waste disposal facilities is carried out on the basis of special (geological, hydrological and other) studies in the manner established by the legislation of the Russian Federation.
3. In the territories of waste disposal facilities and within the limits of their impact on the environment, the owners of waste disposal facilities, as well as persons who own or use waste disposal facilities, are required to monitor the state of the environment in the manner established by the federal executive authorities in areas of waste management in accordance with its competence.
4. Owners of waste disposal facilities, as well as persons who own or use waste disposal facilities, after the end of operation of these facilities are obliged to monitor their condition and impact on the environment and work to restore disturbed lands in the manner established by the legislation of the Russian Federation. Federation.
5. It is prohibited to dump waste within the boundaries settlements, forest parks, resorts, health-improving, recreational zones, as well as water protection zones, in underground drainage areas water bodies, which are used for drinking and domestic water supply. It is prohibited to bury waste in places where mineral deposits occur and mining operations are carried out in cases where there is a threat of contamination of the places where mineral resources occur and the safety of mining operations is carried out.
6. Waste disposal facilities are entered into the state register of waste disposal facilities. Maintaining the state register of waste disposal facilities is carried out in the manner determined by the federal executive body authorized by the Government of the Russian Federation.
Federal Law No. 309-FZ of December 30, 2008 supplemented Article 12 of this Federal Law with paragraph 7, which comes into force on January 1, 2010.
See comments to Article 12 of this Federal Law
Federal Law No. 122-FZ of August 22, 2004 amended Article 13 of this Federal Law, which comes into force on January 1, 2005.
See the text of the article in the previous edition
Article 13. Requirements for waste management in the territories municipalities
1. The territories of municipalities are subject to regular cleaning of waste in accordance with environmental, sanitary and other requirements.
2. The organization of activities in the field of waste management in the territories of municipalities is carried out by local government bodies in accordance with the legislation of the Russian Federation.
Federal Law No. 309-FZ of December 30, 2008 amended paragraph 3 of Article 13 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
See the text of the paragraph in the previous edition
3. The procedure for collecting waste on the territories of municipalities, providing for their division into types ( food waste, textiles, paper and others), is determined by local governments and must comply with environmental, sanitary and other requirements in the field of environmental protection and human health.
See comments to Article 13 of this Federal Law
Federal Law No. 169-FZ of December 29, 2000 supplemented this Federal Law with Article 13.1
Article 13.1. Requirements for the handling of scrap and waste of non-ferrous and (or) ferrous metals and their disposal
1. Individuals may, in the manner established by the legislation of the Russian Federation, alienate scrap and non-ferrous metal waste generated from the use of non-ferrous metal products in everyday life and belonging to them by right of ownership, according to the list of scrap and non-ferrous metal waste permitted for acceptance from individuals , approved by the authorities state power subjects of the Russian Federation.
2. Legal entities and individual entrepreneurs may handle scrap and waste of non-ferrous metals and dispose of them if there are documents confirming their ownership of the said scrap and waste.
3. Rules for the handling of scrap and waste of non-ferrous metals and their alienation are established by the Government of the Russian Federation.
4. Rules for the handling of scrap and waste of ferrous metals and their disposal are established by the Government of the Russian Federation.
See comments to Article 13.1 of this Federal Law
Federal Law No. 309-FZ of December 30, 2008 amended Article 14 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
See the text of the article in the previous edition
Article 14. Requirements for hazardous waste management
1. Lost power.
See text of paragraph 1
2. Individual entrepreneurs and legal entities whose activities generate waste of hazard classes I-IV are required to confirm the assignment of these wastes to a specific hazard class in the manner established by the federal executive body implementing the government regulation in the field of environmental protection.
3. A passport must be drawn up for waste of hazard class I-IV. A waste passport of I-IV hazard classes is compiled on the basis of data on the composition and properties of this waste and an assessment of its hazard. The procedure for passportization, as well as standard forms of passports, is determined by the Government of the Russian Federation.
See the Procedure for organizing work on certification of hazardous waste, approved by order of the Federal Service for Environmental, Technological and Nuclear Supervision dated August 15, 2007 N 570
4. The activities of individual entrepreneurs and legal entities, in the process of which waste of hazard classes I-IV are generated, may be limited or prohibited in the manner established by the legislation of the Russian Federation in the absence of a technical or other opportunity to ensure safe handling of waste I-IV for the environment and human health. IV hazard class.
See comments to Article 14 of this Federal Law
Federal Law No. 309-FZ of December 30, 2008 amended Article 15 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
See the text of the article in the previous edition
Article 15. Requirements for professional training of persons authorized to handle waste of I-IV hazard classes
1. Persons who are authorized to handle waste of I-IV hazard classes must have professional training confirmed by certificates for the right to work with waste of I-IV hazard classes.
2. Responsibility for allowing workers to work with waste of I-IV hazard classes lies with the appropriate executive organizations.
On the organization of professional training for the right to work with hazardous waste, see Order of the Ministry of Natural Resources of the Russian Federation dated December 18, 2002 N 868
See comments to Article 15 of this Federal Law
Federal Law No. 309-FZ of December 30, 2008 amended Article 16 of this Federal Law, which comes into force one hundred and eighty days after the official publication of the said Federal Law
See the text of the article in the previous edition
Article 16. Requirements for transportation of waste of hazard class I-IV
1. Transportation of waste of hazard classes I-IV must be carried out under the following conditions:
availability of a waste passport of I-IV hazard class;
availability of specially equipped and equipped special signs Vehicle;
compliance with safety requirements for the transportation of waste of hazard class I-IV to vehicles;
availability of documentation for the transportation and transfer of waste of I-IV hazard classes, indicating the amount of transported waste of I-IV hazard classes, the purpose and destination of their transportation.
2. The procedure for transporting waste of I-IV hazard classes on vehicles, requirements for loading and unloading operations, packaging, labeling of waste of I-IV hazard classes and requirements for ensuring environmental and fire safety are determined by state standards, rules and regulations developed and approved by federal executive authorities in the field of waste management in accordance with their competence.
See comments to Article 16 of this Federal Law
Article 17. Transboundary movement of waste
1. The import of waste into the territory of the Russian Federation for the purpose of its burial and neutralization is prohibited.
2. Import of waste into the territory of the Russian Federation for the purpose of its use is carried out on the basis of a permit issued in the prescribed manner.
3. The procedure for transboundary movement of waste is established by the Government of the Russian Federation.
See comments to Article 17 of this Federal Law
Federal Law No. 89 on production and consumption waste: Chapter 3 General requirements to waste management Article 11 Requirements for the operation of enterprises, buildings, structures, structures and other objects.
Technological regulations when handling waste:
Article 60. Environmental requirements for handling production and consumption waste
1. Storage, destruction and burial of waste are carried out in places determined by decisions of local executive authorities in agreement with the authorized body in the field of environmental protection and other executive bodies performing environmental protection functions: 1.1. Emissions and discharges of pollutants into the environmental environment, disposal of production and consumption waste without permission from the authorized body in the field of environmental protection are prohibited.
2. Import for processing, burial or storage of waste into the Russian Federation can only be carried out with a special permit from the Government of the Russian Federation; 3. It is prohibited to import products that do not have technology for their neutralization or disposal after use; 4. Environmental requirements for waste management, along with this Law, are determined by waste legislation and other regulations legal acts; 5. The generation and use of industrial and municipal waste are subject to state registration.
The law is supplemented with Article 60-1. Waste passport:
Individuals and legal entities whose activities generate waste must draw up a waste passport, standard form which is determined by the authorized body in the field of environmental protection.
The law is supplemented with Article 60-2. Requirements for waste disposal facilities: 1. Determination of the construction site for waste disposal facilities is carried out on the basis of special (geological, hydrological and other) studies in the presence of a positive conclusion of the state environmental and sanitary-epidemiological examinations.
2. In the territories of waste disposal sites and within the limits of their impact on the environment, individuals and legal entities are required to monitor the state of the environment in the manner established by the authorized bodies in the field of environmental protection and sanitary and epidemiological well-being of the population.
3. Individuals and legal entities, after the end of operation of waste disposal facilities, are obliged to monitor their condition and impact on the environment and work to restore disturbed lands.
4. It is prohibited to bury waste in the territory of populated areas, forest parks, resorts, health-improving, recreational, as well as water protection zones, in drainage areas of underground water bodies used for drinking and domestic water supply. It is prohibited to bury waste in places where mineral deposits occur and mining operations are carried out in cases where there is a threat of contamination of the places where mineral resources occur and the safety of mining operations occurs.
The law is supplemented with Article 60-3. Requirements for handling hazardous waste
1. Individuals and legal entities whose activities generate hazardous waste are required to confirm the assignment of these wastes to a specific hazard class in the manner established by the authorized body in the field of environmental protection.
2. Activities of individuals and legal entities during which hazardous waste is generated may be:
1) limited in the absence of ensuring safe waste management for human health and the environment;
2) is prohibited in case of repeated (more than two times) violations of environmental requirements when handling waste, resulting in harm to human health and the environment.
The law is supplemented with Article 60-4. International shipping waste
International transportation of waste is carried out in accordance with the procedure established by the Government of the Russian Federation.
Control over the import (export) of waste into the Russian Federation is ensured by state bodies exercising border, transport and customs control, as well as by the authorized body in the field of environmental protection and state bodies of the sanitary and epidemiological service.
What to do if Rostechnadzor refuses to make a decision on establishing standards for waste generation and limits on their disposal due to failure to submit along with the application and other necessary documents in accordance with paragraph 7 of the Decree of the Government of the Russian Federation of June 16, 2000 No. 461 “On the rules for the development and approval of standards for waste generation and limits on their disposal” of a license to carry out activities for the management of hazardous waste.
Article 9 of Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” establishes that hazardous waste management activities are subject to licensing in accordance with the legislation of the Russian Federation.
However, not all waste management activities are subject to licensing, but only activities related to the collection, use, disposal, transportation, and disposal of waste (Article 17 of the Federal Law of August 8, 2001 No. 128-FZ “On licensing of certain types of activities”). However, this is not the main criterion.
According to clause 4.6. GOSTR51769-2001 “Resource conservation. Waste management. Documentation and regulation of industrial and consumer waste management activities. Basic provisions" (adopted and put into effect by Decree of the State Standard of the Russian Federation dated June 28, 2001 No. 251-ST) " licenses are issued to carry out this type of waste management activity, as a result of which legal or individual, which carries it out, makes a profit (transportation, processing, warehousing, burial, waste disposal, etc.”).
Therefore, activities in the process of which waste is generated and there are no signs of entrepreneurial activity from the collection, use, disposal, transportation, disposal of waste are not subject to licensing in accordance with Article 17 of the Federal Law of August 8, 2001 No. 128-FZ “On licensing of certain types of activities "
The sale of waste generated during the activities of an enterprise is not an independent type of business activity.
Judicial practice also confirms that activities in the process of which waste is generated, as well as the sale of waste, in which there are no signs of business activity with the specified waste as the main activity, in accordance with the Federal Law of June 24, 1998 No. 89-FZ “On Industrial Wastes and consumption", Article 17 of the Federal Law of August 8, 2001 No. 128-FZ "On licensing of certain types of activities", Decree of the Government of the Russian Federation of August 26, 2006 No. 524 is not licensed ( Resolution of the Federal Arbitration Court of the Volga District of February 27, 2007 in case No. A57-14005/2006).
If the collection of hazardous waste is not the main activity of your society, and the society does not collect waste as a business activity, then such activity is not subject to licensing.
However, this does not mean that in such a situation it is not necessary to approve waste generation standards. Please note that no unconditional connection has been established between the occurrence of a fee facility and the fact of having a license for waste disposal.
Letter of the Federal Tax Service of the Russian Federation dated February 8, 2006 No. GV-6-21/132 “On sending clarifications from Rostechnadzor on the collection of fees for negative impact on the environment when disposing of waste”, it was established that the fee for the negative impact is of a compensatory nature for the negative impact on the environment, including by persons disposing of waste without an appropriate license.
Pay in accordance with the Procedure for determining the fee and its maximum amounts for environmental pollution, disposal of production and consumption waste and its maximum divisions, approved by Decree of the Government of the Russian Federation of August 28, 1992 No. 632, is carried out for the disposal of production and consumption waste. The fee is charged to the legal entity carrying out this placement.
Thus, for the purposes of determining the payer, the priority issue is determining the person who disposes of the waste. This person can be the owner of the waste or a person carrying out the disposal on behalf of the owner.
As follows from the above, payment is made for accommodation production and consumption waste. The procedure for filling out and submitting the form for calculating the fee for negative impact on the environment is established by Order of Rostechnadzor dated April 5, 2007 No. 204 “On approval of the form for calculating the fee for negative impact on the environment and the procedure for filling out and submitting the form for calculating the fee for negative impact on the environment” .
According to Article 1 of the Law on Waste of June 24, 1998 No. 89-FZ “On Industrial and Consumption Waste” waste disposal- storage and disposal of waste, and waste storage- maintenance of waste in waste disposal facilities for the purpose of their subsequent disposal, neutralization or use. Moreover, accommodation facilities waste are entered into the state register of waste disposal sites. Maintaining the state register of waste disposal facilities is carried out in the manner determined by the Government of the Russian Federation.
Thus, if you are a person generating waste and storing it in garbage containers for subsequent removal to accommodation facilities, then you are not always considered to be the person disposing of it.
The above is confirmed in Letters of Rostechnadzor dated February 12, 2007 No. 04-09/169, dated April 27, 2007 No. 04-09/455, dated July 25, 2007 No. 04-09/1001, as well as arbitration practice, for example, the Resolution of the Federal Arbitration Court of the North-Western District dated November 15, 2005 No. A56-41969/04. The said judicial act concluded that a negative impact on the environment would only occur if it was established that the Company disposed of production and consumption waste (Article 16 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”). As a result, there are no grounds for establishing payment for negative impact on the environment as a form of compensation for environmental damage. And the absence of limits (permissions) for waste disposal is not a violation of current legislation.
In the Resolution of the Federal Arbitration Court North Caucasus District dated October 8, 2004 No. F08-4677/2004-1770A states that payers of waste disposal fees are enterprises that are directly involved in the disposal and processing of waste, and not a company that accumulates and stores waste on the territory of the company temporarily. Accumulated waste own production were transported to waste disposal and processing facilities - city landfill, waste processing plants. Consequently, the court’s conclusion that in terms of the disposal of said waste the company is not a payer of fees for environmental pollution is justified.
When calculating waste disposal fees, keep the following in mind:
1. Letter of the Federal Tax Service of the Russian Federation dated February 8, 2006 No. GV-6-21/132 “On sending clarifications from Rostekhnadzor on charging fees for the negative impact on the environment when disposing of waste” establishes that “... for the purposes of determining the payer, it is a priority the issue of determining the person who disposes of waste. This person can be the owner of the waste or a person carrying out the disposal on behalf of the owner.
Issues of determining the person on whose behalf the waste is disposed of are regulated by the Civil Code of the Russian Federation.
If the disposal of production and consumption waste is carried out on behalf of the owner of this waste, all rights and obligations arise with the principal (principal).
If the disposal of production and consumption waste is carried out on behalf of the commission agent, the commission agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with a third party for the execution of the transaction. In this case, the commission agent is the payer and must pay a fee for the entire volume of disposed waste.”
- The letter of Rostechnadzor dated February 12, 2007 No. 04-09/169 “On payment for negative impact on the environment” established that “... the issue of the emergence of ownership rights to waste generated by the tenant is not specifically regulated by civil legislation. At the same time, the issue of ownership of waste can be stipulated in the lease agreement between the parties. If such an issue is not resolved in the lease agreement between the parties, then one should be guided by the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” (hereinafter referred to as Law No. 89-FZ). If the waste, in accordance with paragraph 4 of Article 4 of Law N 89-FZ, abandoned by the owner or otherwise abandoned by him in order to renounce the right of ownership of them, the person in whose ownership, possession or use is land plot, a body of water or another object where abandoned waste is located, can turn it into its property by starting to use it or by performing other actions indicating its turning into ownership in accordance with civil law. Waste abandoned by the tenant, for example, left in trash container the lessor become the property of the latter.
At the same time, the tenant has the right to independently fulfill the obligations of the payer and, accordingly, independently calculate the fee by stipulating such relations in the lease agreement or by turning this waste into property, or in another way provided for by current legislation, carrying out the placement on its own behalf and at its own expense.”
- Letter of Rostechnadzor dated July 25, 2007 N№04-09/1001 “On the calculation of fees for waste disposal” established that “...transfer of waste with transfer of ownership must be distinguished from the transfer of waste to an organization providing services for their removal, since in this case the existence of an agreement does not exempt payers from paying fees for negative impacts on the environment, the amount of which depends on the quantity and quality (hazard) of waste.”
But not every company disposes of its waste in the event, for example, that ownership of it is transferred to a specialized company (not to be confused with a waste removal agreement, under which ownership rights are not transferred unless this is specifically stated in the agreement). The Arbitration Court of the Moscow Region, by its decision dated October 8, 2004 in case No. A41-K2-5988/04, established that it is not necessary to approve waste generation standards and waste disposal limits, because the company sold its waste and, therefore, did not dispose of it.
If a society disposes of its waste, then this type of activity is not always entrepreneurial for this society. Therefore, Rostechnadzor’s refusal to make a decision on establishing standards for the generation and limits of waste disposal due to failure to comply with the requirement of paragraph 7 of the above Government Decree of June 16, 2000 No. 461 on granting a license to carry out activities for the collection, use, neutralization, transportation, and disposal of hazardous waste together with the statement is illegal.
Arbitration practice confirms this position. Thus, the Resolution of the Federal Arbitration Court of the Ural District dated January 17, 2008 No. F09-11447/07-S1 in case No. A60-11636/07 established that since the accumulation and temporary disposal of waste is not a purposeful independent activity of the company, the courts made a reasonable conclusion that the company is not required to have a license to carry out activities for the collection, use, neutralization, transportation, and disposal of hazardous waste. Under such circumstances, the courts’ conclusion about the illegality of the management’s refusal to extend the limit on waste disposal is correct.
Establishing the obligation to have approved waste generation standards and limits on their disposal for any type economic activity is recognized as unlawful, and liability provided for in Article 8.2 of the Code of Administrative Offenses of the Russian Federation is possible only if it is proven that an individual or legal entity carries out production activities that generate waste that is harmful to the environment. Thus, the company carried out only activities for renting a warehouse for storing goods and the court considered that such an activity is not industrial, does not generate waste and does not require approval of the draft standards for waste generation (Resolution of the Federal Arbitration Court of the Moscow District dated March 15, 2004 No. KA-A40/437-04; Resolution Federal Arbitration Court of the Moscow District dated March 4, 2004 No. KA-A40/1006-04).
The organization’s lack of waste generation standards and limits on their disposal, if the company disposes them independently, not only increases the amount of payment for negative impacts on the environment, but is also a violation of the environmental requirements established by Federal Law No. 89-FZ of June 24, 1998 “ About production and consumption waste." And this qualifies as an administrative offense, liability for which is provided for in Article 8.2 of the Code of Administrative Offenses of the Russian Federation. Therefore, a legal entity may be subject to a fine for officials - from two thousand to five thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from two thousand to five thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to one hundred thousand rubles or administrative suspension of activities for a period of up to ninety days.
- 1. Licensing of activities for the collection, use, neutralization, transportation, and disposal of hazardous waste.
- 2. Activities for the collection, use, neutralization, transportation, and disposal of hazardous waste are subject to licensing in accordance with the legislation of the Russian Federation.
- 3. Requirements for the design, construction, reconstruction, conservation and liquidation of enterprises, buildings, structures, structures and other objects:
- 3.1. During the design, construction, reconstruction, conservation and liquidation of enterprises, buildings, structures, structures and other objects during the operation of which waste is generated, citizens who carry out individual entrepreneurial activities without forming a legal entity (hereinafter referred to as individual entrepreneurs) and legal entities are obliged :
- - have technical and technological documentation on the use and disposal of generated waste.
- 4. Requirements for the operation of enterprises, buildings, structures, structures and other objects:
- 4.1. Individual entrepreneurs and legal entities when operating enterprises, buildings, structures, structures and other objects related to waste management are obliged to:
- -comply with environmental, sanitary and other requirements established by the legislation of the Russian Federation in the field of environmental protection and human health;
- -develop draft standards for waste generation and limits on waste disposal in order to reduce the amount of waste generation;
- -introduce low-waste technologies based on the latest scientific and technical achievements;
- -conduct an inventory of waste and its disposal facilities;
- -monitor the state of the natural environment in the territories of waste disposal sites;
- -provide in the prescribed manner the necessary information in the field of waste management;
- -comply with the requirements for preventing accidents related to waste management and take urgent measures to eliminate them.
- 5. Requirements for waste disposal facilities:
- 5.1. The creation of waste disposal facilities is permitted on the basis of permits issued by federal executive authorities in the field of waste management in accordance with their competence.
- 5.2. Determination of the construction site of waste disposal facilities is carried out on the basis of special (geological, hydrological and other) studies in the manner established by the legislation of the Russian Federation, and in the presence of a positive conclusion of the state environmental assessment.
- 5.3. Owners of waste disposal facilities, as well as persons who own or use waste disposal facilities, after the end of operation of these facilities are required to monitor their condition and impact on the environment natural environment and work to restore disturbed lands in the manner established by the legislation of the Russian Federation.
- 5.4. It is prohibited to bury waste within the boundaries of populated areas, forest parks, resorts, health-improving, recreational zones, as well as water protection zones, in drainage areas of underground water bodies that are used for drinking and domestic water supply. It is prohibited to bury waste in places where mineral deposits occur and mining operations are carried out in cases where there is a threat of contamination of the places where mineral resources occur and the safety of mining operations is carried out.
- 5.5. Waste disposal facilities are entered into the state register of waste disposal facilities. Maintaining the state register of waste disposal facilities is carried out in the manner determined by the Government of the Russian Federation.
- 6. Requirements for hazardous waste management:
- 6.1. Hazardous waste is divided into hazard classes in accordance with the criteria established by the federal executive authorities in the field of waste management in accordance with their competence.
- 6.2. Individual entrepreneurs and legal entities whose activities generate hazardous waste are required to confirm the classification of these wastes into a specific hazard class in the manner established by the federal executive authorities in the field of waste management.
- 6.3. A passport must be drawn up for hazardous waste. A hazardous waste passport is compiled on the basis of data on the composition and properties of hazardous waste and an assessment of its danger. The procedure for certification is determined by the Government of the Russian Federation.
- 7. Requirements for professional training of persons authorized to handle hazardous waste:
- 7.1. Persons who are authorized to handle hazardous waste are required to have professional training confirmed by certificates for the right to work with hazardous waste.
- 7.2. Responsibility for allowing employees to work with hazardous waste lies with the relevant official of the organization.
- 8. Transportation of hazardous waste must be carried out under the following conditions:
- - availability of a hazardous waste passport;
- -availability of specially equipped vehicles and equipped with special signs;
- -compliance with safety requirements for transportation of hazardous waste by vehicles;
- - availability of documentation for the transportation and transfer of hazardous waste, indicating the amount of hazardous waste transported, the purpose and destination of its transportation.
- 9. Transboundary movement of waste:
- 9.1. The import of waste into the territory of the Russian Federation for the purpose of burial and neutralization is prohibited.
- 9.2. Import of waste into the territory of the Russian Federation for the purpose of its use is carried out on the basis of a permit issued in the prescribed manner.
- 9.3. The procedure for transboundary movement of waste is established by the Government of the Russian Federation.
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