On 07.06.2016, the Regulation on confirmation of the exclusion of negative impact on environment waste disposal facilities (hereinafter referred to as the Regulation), approved by Decree of the Government of the Russian Federation of May 26, 2016 No. 467 (hereinafter referred to as Decree No. 467).
The specified normative legal act was issued in the development of paragraph 6 of Art. 23 federal law dated 06/24/1998 No. 89-FZ "On production and consumption waste" (as amended on 07/03/2016; hereinafter - Federal Law No. 89-FZ), exempting payers of fees for negative environmental impact (hereinafter - NEOS) (in part of waste disposal) from the obligation to calculate and pay the appropriate fee when placing waste at a waste disposal facility (hereinafter referred to as the OR), which does not provide NWOS.
extraction
from Federal Law No. 89-FZ
Article 23. Payment for the negative impact on the environment during waste disposal
[…]
6. When waste is placed at waste disposal sites that do not have a negative impact on the environment, no payment for the negative impact on the environment is charged.
7. Elimination of negative impact on the environment of waste disposal facilities […] confirmed by monitoring results the state of the environment […]. Confirmation procedure exclusion of the negative impact on the environment of waste disposal facilities established by the Government Russian Federation
.
[…]
Despite the short period of existence, the listed norms managed to acquire myths.
In particular, many users of natural resources believe that the application of the above provisions of the legislation is possible only if the condition that the disposed waste is generated in the course of the activity of the person who owns the RW being used is observed.
We note that the above statement is erroneous. The legislation does not link the exemption from the obligation to pay fees for waste disposal to the possession of the ODP on which the waste is deposited. In other words, waste can be transferred for disposal by the “generator” of waste (with the exception of municipal solid waste; hereinafter referred to as MSW) at any OR.
NOTE
Within the framework of this article, we analyze cases in which the subject of payment for waste disposal is a person in the course of whose activities waste is generated.
At the same time, when preparing the material, it was taken into account that, in accordance with paragraph 4 of Art. 23 of Federal Law No. 89-FZ, payment for NVOS when placing waste (with the exception of MSW) is carried out by individual entrepreneurs, legal entities, in the course of which economic and (or) other activities generate waste.
According to paragraph 5 of Art. 23 of the Federal Law No. 89-FZ, the payers of the fee for NWOS when placing MSW are operators for the treatment of MSW, regional operators engaged in their placement.
At the same time, for the purpose of exemption from payment for waste disposal, it is necessary that the exclusion (absence) of NEI is confirmed in relation to such RDP.
The ownership of the ODP by one or another person is of no importance for the purpose of exempting the waste “producer” from the fee for NWOS when placing waste at a facility that excludes NWOS.
To illustrate, let's consider typical situations related to waste disposal (with the exception of MSW) at an ODP that excludes NWTP.
Situation 1
1. The waste generator has a legally owned distribution center (ownership right, leasehold right, etc.) where it disposes of generated waste (except MSW).
2. The waste “generator” (who is also the owner of the ODP) confirms (for the first time in 2016) the exclusion of NWOS during the operation of the ODP in the manner established by the Government of the Russian Federation.
3.
Situation 2
1. The “generator” of waste does not have an ODP belonging to him, in connection with which the waste generated by him (with the exception of MSW) is transferred for disposal to an object owned by another person (the subject of payment for waste disposal is the person in the course of whose activities the waste was generated).
2. The owner of the ORO confirms (for the first time at the end of 2016) the exclusion of NWOS during the operation of the ORO in the manner established by the Government of the Russian Federation;
3. The waste producer has the right to exemption from paying fees for waste disposal at the ODP, excluding the NWOS (in relation to 2016).
So, as we have pointed out, the only condition to release the subject of payment for NWOS from the obligation to pay for the disposal of waste at the ODP, excluding NWOS, is a confirmation of the exclusion of NVOS.
How is confirmation of the exclusion of the NVOS certified?
First of all, we note that it is impossible to initiate the procedure for confirming the exclusion of NIOS during the operation of the ODP without the participation of the person operating the ODP.
In accordance with paragraph 6 of the Regulations, it is this person who must prepare a report on the results of the monitoring, containing data confirming the exclusion of NVOS of waste disposal sites.
BY THE WAY
It is curious that the Regulation does not specify who is entitled to submit this report to the territorial body of Rosprirodnadzor. That is, potentially even one of the consumers of the landfill services can act as an applicant. True, the report submitted by him to the territorial body of Rosprirodnadzor must be prepared by the person operating the ODP. Of course, it is better if this report is submitted to the territorial body of Rosprirodnadzor by the person operating the ODP.
Nevertheless, in order not to depend on the goodwill of the person operating the ODP, it is possible to make a condition in advance in the contract with him that he is obliged to take actions related to the confirmation of the exclusion of NVOS during the operation of the ODP (including applying to the territorial body of Rosprirodnadzor) - of course if the analyzes carried out confirm the exclusion of the NEOS, and (or) the condition that the person operating the ODP is obliged within a certain period (earlier January 15) to submit to the counterparty a report on the results of the monitoring (which, in extreme cases, the counterparty will be able to submit to the territorial body of Rosprirodnadzor independently).
ON A NOTE
It will not be superfluous to control the employees of the company operating the ODP. Monetary interest in the situation under consideration is primarily those persons in the course of whose activities waste was generated (with the exception of MSW) placed at this landfill. It is possible that for a company operating ORO, the price of the issue is only a few hundred rubles of payment for the disposal of their own waste, for which the company's employees will be too lazy (or simply afraid) to once again apply to the state environmental supervision body.
It is important to note that the Regulations understand by the person operating the ORO, exactly the person who is the owner of the ORO or who owns or uses the ORO (this follows from paragraph 2 of the Regulations).
Actions by the owner of the ODP aimed at justifying the exclusion of negative impacts
1. Preliminary monitoring the state of the environment in the territories of waste disposal facilities and within the limits of their impact on the environment.
2. Formation of monitoring results, confirmed by the data of instrumental measurements performed to determine the quality:
Atmospheric air - at the border land plot, on which the ODP is located;
Soil - on the border of the land plot on which the ODP is located;
Surface water bodies - at the point of release Wastewater coming from the ODP to the water body;
Water groundwater ny objects - on the border of the land plot on which the ODP is located, in the direction of the flow of groundwater.
3. Preparation in two copies (on paper) and in the electronic version of the report on the results of the monitoring, containing data confirming the exclusion of the NIOS of waste disposal sites.
4. Annual submission (until January 15) with a cover letter of one hard copy and one electronic copy of the monitoring results report to the territorial body of Rosprirodnadzor at the location of the waste disposal facility.
extraction
from the Regulations
[...]
10. Territorial body Federal Service on Supervision in the Sphere of Natural Resources, within a period not exceeding 30 days from the date of receipt of the report, compares the information contained in it with the available data on the state and pollution of the environment on the territory of the waste disposal facility and within the limits of its impact on the environment [...] .
According to the results of this comparison, the territorial body of the Federal Service for Supervision in the Sphere of Natural Resources within a week takes confirmation decision(not confirmed) exclusion of the negative impact on the environment of the waste disposal facility and informs the person submitting the report, electronically or by mail.
[...]
Thus, two subjects of relations should be aware of the fact of confirmation of the exclusion of the NIE of the waste disposal facility for the environment:
1) the territorial body of Rosprirodnadzor, which made a decision to confirm the exclusion of the NVOS of the waste disposal facility;
2) to the person in whose possession or use the ORO is located:
. sent to the territorial body of Rosprirodnadzor monitoring report the state of the environment on the territories of waste disposal facilities and within the limits of their impact on the environment;
. received from the territorial body of Rosprirodnadzor information about the decision to confirm exclusion of the NEOS of the waste disposal facility.
NOTE
At the same time, waste “producers” who have the right to be exempted from the obligation to pay for NWOS when placing waste at a facility (including someone else’s) that excludes NWOS, will by default be unaware of the results of interaction between the owner of the OR and the territorial body of Rosprirodnadzor.
How can a waste producer get the necessary information?
There are two ways to obtain relevant information.
Method 1
Send a request to the territorial body of Rosprirodnadzor for information regarding confirmation of the exclusion in such and such a calendar year of the NEOS of the waste disposal facility, to which the waste generated by the economic entity is transferred.
Method 2
Send a request to the owner of the distribution center (who is the counterparty of the “generator” of the waste) about the receipt (or non-receipt) by the owner of the distribution center of information about the adoption by the territorial body of Rosprirodnadzor of the decision to confirm the exclusion of the waste disposal facility from the NWOS.
It is also advisable to request from the counterparty a copy of the relevant information letter of the territorial body of Rosprirodnadzor.
Recall that in the absence additional information both options for requesting information should be implemented in such a way that it is possible to generate a response after February 21 year following the reporting year, given that:
A report on the results of monitoring is submitted by the owners of the RPO to the territorial body of Rosprirodnadzor by January 15 of the year following the reporting year;
The territorial authority of Rosprirodnadzor is given 30 days to verify the submitted data and 7 days to make a decision on confirming the exclusion of the NVOS of the waste disposal facility.
At the same time, of course, there is no prohibition on submitting a report on the results of monitoring earlier than January 15 (for example, January 10). As well as there is no ban on the early completion of the verification of the submitted data by the territorial body of Rosprirodnadzor (for example, on January 24).
We think that in practice, to clarify the issue, it will be most convenient not only to enter into correspondence, but also to keep in touch with a representative of the company that owns the ORO (in order to promptly receive news about the passage of documents).
It should be noted that by virtue of paragraph 3 of Art. 16.4 of Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection” (as amended on July 3, 2016; hereinafter referred to as Federal Law No. 7-FZ), the fee for NVOS at the end of the year must be paid no later than March 1(i.e. if you focus strictly on February 22, you may not have time to receive an answer by the deadline, which will entail the need to choose between the risk of being held liable under Article 8.41 of the Code of Administrative Offenses of the Russian Federation (as amended on 07/06/2016; further - Code of Administrative Offenses of the Russian Federation) plus the payment of a penalty fee or the risk of spending excess Money, the return of which from the budget is usually not quick and not easy (and most importantly, the reasons for this situation will have to be explained to management).
Summing up, it should be noted that in the event that the waste “generator” does not have reliable data that the exclusion of NWOS has been confirmed with respect to the ODP where the waste generated by it is placed, such a waste “generator” has no grounds for not paying for waste disposal, calculated at the end of the reporting year.
Conclusion
The non-payment by the payer - the "producer" of waste (with the exception of MSW) - of the fee for the NEI when disposing of the waste, based only on the assumptions of the payer of the fee about the absence of the NEI provided by the ODP, may have the following consequences if, in fact, the exclusion of the NEI of the waste disposal facility turns out to be unconfirmed:
The risk of bringing to administrative responsibility - failure to pay the fee for the NVOS within the established time frame is the basis for bringing a person to administrative responsibility under Art. 8.41 of the Code of Administrative Offenses of the Russian Federation;
Economic risks—according to paragraph 4 of Art. 16.4 of Federal Law No. 7-FZ, for each calendar day of delay in terms of non-payment of the fee for the VAT, a penalty is charged in the amount of one three hundredth of the key rate of the Bank of Russia (but not more than two tenths of a percent for each day of delay).
The nature of our planet is very diverse and inhabited by unique species of plants, animals, birds and microorganisms. All this diversity is closely interconnected and allows our planet to maintain and maintain a unique balance between various forms life.
In contact with
Human impact on the environment
From the very first days of the appearance of man, he began to influence the environment. And with the invention of more and more new tools, human civilization has increased its impact to a truly enormous scale. And at the present time several important issues How does man influence nature? What human actions harm the soil that provides us with basic food? What is the influence of man on the atmosphere we breathe?
At present, the impact of man on the world around him not only contributes to the development of our civilization, but often leads to the fact that appearance the planet is undergoing significant changes: rivers are drained and dry up, forests are cut down, new cities and factories appear in place of the plains, mountains are destroyed for the sake of new transport routes.
With the rapid increase in the population of the Earth, humanity needs more and more food, and with the rapid growth of production technologies, the production capacities of our civilization are growing, requiring more and more resources for processing and consumption, the development of more and more new territories.
Cities are growing, capturing more and more new lands from nature and displacing their natural inhabitants from there: plants and animals.
This is interesting: in the chest?
Main reasons
The reasons for the negative impact of man on nature are:
All these factors have a significant and sometimes irreversible impact on the world around us. And more and more often a question arises before a person: what consequences will such an influence eventually lead to? Will we eventually turn our planet into a waterless desert, unsuitable for existence? How can a person minimize the negative effects of his influence on the world? The inconsistency of the impact of people on natural environment is now becoming a subject of discussion at the international level.
Negative and controversial factors
In addition to the obvious positive human impact on the environment, there are significant disadvantages of such interaction:
- Destruction of large areas of forests by cutting them out. This influence is connected, first of all, with the development of the transport industry - a person needs more and more new highways. In addition, wood is actively used in the paper industry and other industries.
- wide application chemical fertilizers in agriculture actively contributes to the rapid contamination of the soil.
- Widely developed network industrial productions their emissions of harmful substances into the atmosphere and water are not only the cause of environmental pollution, but also contribute to the death of entire species of fish, birds and plants.
- Rapidly growing cities and industrial centers significantly affect the change in the external conditions of life of animals, the reduction of their range natural habitat and the reduction of the populations of various species themselves.
Also, one cannot ignore man-made disasters that can cause irreversible harm not only separate species flora or fauna, but entire regions of the planet. For example, after the famous accident at the Chernobyl nuclear power plant, to date, a large region of Ukraine is uninhabitable. The level of radiation in this area exceeds the maximum permissible norms by dozens of times.
Also, the leakage of water contaminated with radiation from the reactor of a nuclear power plant in the city of Fukushima could lead to an environmental catastrophe on a global scale. The damage that this heavy contaminated water could cause to the ecological system of the world's oceans would be simply irreparable.
And the construction of conventional hydroelectric power plants does no less harm to the environment. Indeed, for their construction it is necessary to build a dam and flood a large area of adjacent fields and forests. As a result of such human activity, not only the river and the territories adjacent to it suffer, but also the animal world that lives in these areas.
In addition, many mindlessly throw away garbage, polluting not only the soil, but also the waters of the oceans with their waste products. After all, light debris does not sink and remains on the surface of the water. And given that the decomposition period of some types of plastic is more than a dozen years, such floating “dirt islands” make it very difficult to obtain oxygen and sunlight sea and river inhabitants. Therefore, entire populations of fish and animals have to migrate in search of new, more habitable territories. And many of them die in the process of searching.
Deforestation on the slopes of mountains makes them susceptible to erosion, as a result, the soil becomes loose, which can lead to destruction of the mountain range.
Yes, and a person treats vital fresh water reserves negligently - daily polluting freshwater rivers with sewage and industrial waste.
Of course, the existence of a person on the planet brings her considerable benefits. In particular, it is people who carry out activities aimed at improving the ecological situation in the environment. On the territory of many countries, people organize natural reserves, parks and reserves, which allow not only to preserve the surrounding nature in its natural original form, but also contribute to the preservation and increase in the populations of rare and endangered species of animals and birds.
Special laws have been created to protect rare representatives of the nature around us from destruction. Exist special services, funds and centers fighting against the extermination of animals and birds. Specialized associations of ecologists are also being created, the task of which is to fight for the reduction of emissions into the atmosphere that are harmful to the environment.
Security organizations
One of the most famous organizations fighting for the conservation of nature is Greenpease is an international organization created to save the environment for our descendants. The employees of Greenpease set themselves several main tasks:
- The fight against pollution of the world's oceans.
- Significant restriction on whaling.
- Reducing the scale of deforestation of the taiga in Siberia and much more.
With the development of civilization, mankind must seek alternative sources obtaining energy: solar or space, to save life on Earth. Also great importance to preserve the nature around us, they have the construction of new canals and artificial water systems aimed at maintaining soil fertility. And to keep the air clean, many factories install specially designed filters to reduce the amount of pollutants emitted into the atmosphere.
Such reasonable and careful attitude to the world around us definitely has a positive impact on nature.
Every day positive influence human interaction with nature is increasing, and this cannot but affect the ecology of our entire planet. Therefore, the struggle of man for the preservation of rare species flora and fauna, conservation of rare plant species.
Mankind has no right to violate the natural balance of nature and lead to depletion through its activities. natural resources. To do this, it is necessary to control the extraction of minerals, carefully monitor and carefully treat the fresh water reserves on our planet. And it is very important to remember that it is we who are responsible for the world around us and it depends on us how our children and grandchildren will live!
Any impact on the environment is recognized as negative, requiring any reaction of the biosphere or its subsystems to restore ecological balance on a local, regional or global scale, or, moreover, leading to an irreversible change in the environment at any of these three levels.
Negative impacts on the environment from a specific source are divided into local (that is, affecting its state only within a relatively small area- city, suburbs, adjacent areas) and regional (territories with a length of several hundred and even thousands of kilometers). In addition, global impacts that determine the deterioration of the biosphere as a whole (that is, disruption of global ecological balances) are considered. They do not correspond to a single source, but are always summative. Regional impacts are also usually considered in a generalized way, that is, as a result of the impact of a combination of sources.
As a rule, local pollution of water bodies of local importance, air pollution with heavy particles settling on the surface at a small distance from the source, or short-lived substances that quickly decompose in the atmosphere, or substances whose concentration, as they move away from the source, quickly decreases to the value , which does not pose a threat to human health and ecosystems. The disposal of solid waste is also usually local pollution (unless it has a regional effect through interaction with long watercourses). Groundwater pollution is always local at first. However, over time, due to the movement of groundwater (for example, the migration of lenses of petroleum products) and their penetration into surface water may become regional. Local impacts include noise and electromagnetic radiation, as well as focal contamination with radionuclides. Local environmental disturbances, including the accumulation of pollution, are often caused by the destruction of local ecosystems (primarily forest and water). In turn, the destruction or degradation of ecosystems can be the result of pollution.
Negative impacts on the environment, attributable to the regional level, are primarily associated with the transfer of pollution through the air over long distances and long watercourses. Most famous example regional impact is the release of sulfur and nitrogen oxides, leading to acid rain over vast areas.
In particular, the transboundary transfer of such pollution from European countries by winds prevailing in the European part of Russia in the western and northwestern directions is a significant negative factor for the environment of this region.
Global impacts include those impacts that affect the Earth's climate system and the state of the ozone layer, as well as predetermine the decline in biodiversity, the process of desertification, pollution of the oceans, and the accumulation of persistent organic pollutants that spread (including through food chains) almost all over the world. The most significant of the global impacts is the destruction of natural ecosystems, which leads to the opening of the cycles of substances associated with the life system on Earth, to environmental degradation, weakening the ability of the biosphere to self-regulate, and the inability of ecosystems to cope with the growing flow of anthropogenic pollution.
The biosphere as a whole and its constituent ecosystems at various levels have the ability to self-regulate and self-repair. Therefore, a huge number negative impacts on the biosphere and ecosystems are safely compensated by their responses. However, the ability of each ecosystem and the biosphere as a whole (global ecosystem) to compensate for impacts is not unlimited. The total amount of impact on any ecosystem should not exceed the permissible limit - the so-called bearing capacity (they also say ecological, economic capacity) of this ecosystem. Otherwise, it goes into a depressed state, begins to degrade and eventually loses the ability to self-repair, dies or transforms into a less productive ecosystem.