ORDER OF FEDERAL SERVICE FOR ENVIRONMENTAL, TECHNOLOGICAL AND NUCLEAR SUPERVISION OF THE RUSSIAN FEDERATION

of September 20, 2007 No. 643

About approval of Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state function on establishment of limits on placement of waste

According to the order of the Government of the Russian Federation of November 11, 2005 N679 "About Procedure for Development and Approval of Administrative Regulations of Execution of the State Functions and Administrative Regulations of Provision of the State Services" (The Russian Federation Code, 2005, N 47, 4933) I order to the Art.:

1. Approve the enclosed Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state function on establishment of limits on placement of waste.

2. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

 

Approved by the order of Federal Service for Environmental, Technological and Nuclear Supervision of September 20, 2007, No. 643

Administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state function on establishment of limits on placement of waste

I. General provisions

1. The administrative regulations of Federal Service for Environmental, Technological and Nuclear Supervision on execution of the state function on establishment of limits on placement of waste (further - Regulations) determine terms and the sequence of actions (ministerial procedures) in case of execution by Federal Service for Environmental, Technological and Nuclear Supervision (daleerostekhnadzor), its territorial authorities (the interregional Departments of Technological and Environmental Supervision of Rostekhnadzor, the Departments of Technological and Environmental Supervision of Rostekhnadzor for subjects of the Russian Federation, daleeterritorialny bodies of Rostekhnadzor) the state function by establishment of limits on placement of waste within the powers determined by Regulations on Federal Service for Environmental, Technological and Nuclear Supervision the approved order of the Government of the Russian Federation of July 30, 2004 N401 (The Russian Federation Code, 2004, N 32, Art. 3348; 2006, N 5, Art. 544; 2006, N 23, Art. 2527; 2006, N52 (part III), Art. 5587).

Action of Regulations does not extend to questions of the treatment of radioactive waste.

2. The regulations are developed according to the Procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of November 11, 2005 N679 (The Russian Federation Code, 2005, N 47, the Art. 4933).

3. Execution of the state function on establishment of limits on placement of waste is performed by territorial authorities of Rostekhnadzor according to:

The Federal Law of June 24, 1998 N89-FZ "About Production Wastes and Consumption" (The Russian Federation Code, 1998, N 26, Art. 3009; 2001, N 1, Art. 21; 2003, N 2, Art. 167; 2004, N 35, Art. 3607; 2005, N 19, Art. 1752; 2006, N 1, Art. 10; 2006, N52 (part I), Art. 5498);

The Federal Law of January 10, 2002 N7-FZ "About Environmental Protection" (The Russian Federation Code, 2002, N 2, Art. 133; 2004, N 35, Art. 3607; 2005, N1 (part I), Art. 25; 2005, N 19, Art. 1752; 2006, N 1, Art. 10; 2006, N52 (part I), Art. 5498; 2007, N 7, Art. 834; 2007, N 27, Art. 3213);

the order of the Government of the Russian Federation of June 16, 2000 N461 "About Rules of Development and Approval of Standard Rates of Formation of Waste and Limits on Their Placement" (The Russian Federation Code, 2000, N 26, Art. 2772; 2006, N52 (part III), Art. 5587; 2007, N 36, Art. 4385);

the order of the Government of the Russian Federation of July 30, 2004 N401 "About Federal Service for Environmental, Technological and Nuclear Supervision" (The Russian Federation Code, 2004, N 32, Art. 3348; 2006, N 5, Art. 544; 2006, N 23, Art. 2527; 2006, N52 (part III), Art. 5587);

the order MPR of Russia of March 11, 2002 N115 "About Approval of Methodical Instructions for Project Development of Standard Rates of Formation of Waste and Limits on Their Placement" (N 3553) (The bulletin of regulations of federal executive bodies, 29.07.2002, N30, "The Russian newspaper", 15.08 is registered in the Ministry of Justice of the Russian Federation 09.07.2002. 2002, N 152);

the order MPR of Russia of December 2, 2002 N786 "About Approval of the Federal Classification Catalogue of Waste" (the Bulletin of regulations of federal executive bodies, 2003, N 4) is registered in the Ministry of Justice of the Russian Federation on January 9, 2003 N 4107,;

the order MPR of Russia of June 15, 2001 N511 "About Approval of Criteria of Reference of Dangerous Wastes to Class of Danger to the Surrounding Environment" (N07/7483-YuD, Natural and resource sheets, 2001, N 45) does not need state registration according to the conclusion of the Ministry of Justice of the Russian Federation of 24.07.2001;

the order of Rostekhnadzor of July 24, 2006 N724 "About Approval of Regulations of Federal Service for Environmental, Technological and Nuclear Supervision" (the Bulletin of regulations of federal executive bodies, 2006, N 36) is registered in the Ministry of Justice of the Russian Federation on August 29, 2006 N 8174,.

4. Territorial authorities of Rostekhnadzor set limits on placement of waste according to standard rates of maximum permissible harmful effects on the surrounding environment.

4.1. The limits on placement of waste developed according to standard rates of maximum permissible harmful effects on the surrounding environment, quantity, type and classes of danger of the formed waste and the area (amount) of subject to their placement establish the maximum permissible number of waste of specific type which are allowed to be placed by certain method for fixed term in subjects to placement of waste taking into account ecological situation in this territory. * (1)

4.2. Limits on placement of waste are set for a period of 5 years on condition of annual confirmation by individual entrepreneurs and legal entities which sets limit, invariances of production process and the used raw materials. * (2)

In the absence of such confirmation before the termination of accounting year activities of individual entrepreneurs and legal entities in the field of the address with waste can be limited, suspended or stopped according to the procedure, stipulated by the legislation the Russian Federation.

4.3. Limits on placement of dangerous wastes are set on effective period of license for activities on collection, use, neutralization, transportation, placement of dangerous wastes.

4.4. Limits on placement of waste for the individual entrepreneurs and legal entities performing activities in the field of the address with waste in the Baikal natural territory are reviewed annually.

4.5. Execution of the state function on establishment of limits on placement of waste is performed by territorial authorities of Rostekhnadzor on a grant basis.

II. Requirements to procedure for execution of the state function on establishment of limits on placement of waste

5. The basis for execution of the state function on establishment of limits on placement of waste is submission to territorial authorities of Rostekhnadzor by the legal entities or individual entrepreneurs performing activities in the field of the address with waste, except for the treatment of radioactive waste (further - Applicants), statements for establishment of standard rates of the formation of waste and limits on their placement which is drawn up according to Appendix 2 to these Regulations and the following documents:

the copy of license for activities on collection, use, neutralization, transportation, placement of dangerous wastes (for the individual entrepreneurs and legal entities performing activities for collection, use, neutralization, transportation, placement of dangerous wastes);

the draft of standard rates of formation of waste and limits on their placement;

the copy of the license to use subsoil plots for the purposes of burial of toxic and other dangerous wastes (for the legal litsapolzovatel of subsoil having the license to use subsoil plots for the purposes of burial of toxic and other dangerous wastes).

The copies of documents which are not certified notarially move with simultaneous presentation of the original.

6. Resulting effect of execution of the state function on establishment of limits on placement of waste is issue of the document on the approval of standard rates of the formation of waste and limits on their placement which is drawn up according to Appendix 3 to Regulations according to the procedure, established by these Regulations, or representation of motivated refusal in establishment of limits on placement of waste in time, not exceeding 30 working days from the date of acceptance specified in Item 5 of these Regulations of the statement and documents (further - the Applicant's materials).

7. The bases for refusal in establishment of limits on placement of waste are submission by the Applicant of the statement and the documents specified in Item 5 of Regulations, not in full (shortage of materials of the Applicant) or availability as a part of materials of the Applicant of the distorted data or unreliable information, including:

identification as a part of materials of the Applicant of counterfeited documents (copies of licenses);

discrepancy of the draft of standard rates of formation of waste and limits on their placement (further - PNOOLR) to the requirements established in the order MPR of Russia of March 11, 2002 by N115 "About Approval of Methodical Instructions for Project Development of Standard Rates of Formation of Waste and Limits on Their Placement";

detection of absence as a part of PNOOLR of information about structure, dangerous properties, classes of danger to the environment of waste provided by the Applicant on which the Applicant requests limits on placement;

provided in structure of PNOOLR of the information about composition of production wastes provided by the Applicant are not confirmed with results of the analytical researches conducted in accordance with the established procedure by laboratories which technical competence is confirmed, or provided in structure of PNOOLR of the information about structure of consumer wastes provided by the Applicant are not documented;

detection of discrepancy of PNOOLR of information about structure and the properties of waste provided by the Applicant given in structure, their classes dangers to the environment, to results of the analytical researches conducted by analytical laboratories which technical competence is confirmed provided in structure of PNOOLR of the data on classes of danger of waste to the environment provided by the Applicant are not proved in accordance with the established procedure (there are no certificates on class of danger of waste to the environment or the materials proving reference of waste to classes of danger to the environment according to the Criteria established by the order MPR of Russia of 15.06.2001 of N511 "About Approval of Criteria of Reference of Dangerous Wastes to Class of Danger to the Surrounding Environment" (it is acknowledged not needing state registration according to the conclusion of the Ministry of Justice of the Russian Federation of 24.07.2001 of N07/7483-YuD);

detection of discrepancy of codes of the waste specified in PNOOLR provided by the Applicant, to codes of waste established in the federal classification catalog of waste;

the norms of formation of waste specified in PNOOLR provided by the Applicant are determined with violation of the requirements established in the order MPR of Russia of March 11, 2002 by N115 "About Approval of Methodical Instructions for Project Development of Standard Rates of Formation of Waste and Limits on Their Placement";

detection of discrepancy of data on impact of the waste on the environment specified in PNOOLR provided by the Applicant, to the level of the actual impact of waste on the environment confirmed with results of the analytical researches conducted in accordance with the established procedure by laboratories which technical competence is confirmed;

detection of discrepancy specified in PNOOLR of data on arrangement of subjects to placement (storage) of the waste which is on balance of the Applicant, and their characteristics, to the actual equipment and condition of these objects provided by the Applicant;

identification of exceeding of admissible impact on the environment of subjects to placement (storage) of the waste which is on balance of the Applicant.

In case of detection of shortage of materials of the Applicant territorial authorities of Rostekhnadzor in 5-day time from the date of acceptance specified the statement and documents in writing notify on it the Applicant.

8. Procedure for informing on execution of the state function on establishment of limits on placement of waste

8.1. The state function on establishment of limits on placement of waste is performed by territorial authorities of Rostekhnadzor. Information on location, postal and e-mail addresses and phones of territorial authorities of Rostekhnadzor is provided in Appendix 1 to these Regulations, and also posted on the official site of Rostekhnadzor on the Internet for the e-mail address: www.gosnadzor.ru. Schedules of acceptance of visitors in territorial authorities of Rostekhnadzor are placed at information stands and the websites (in the presence) of the specified bodies.

8.2. In premises of territorial authority of Rostekhnadzor information stands shall be placed. At information stands the following information is placed:

description of resulting effect of execution of the state function;

exhaustive information on procedure for execution of the state function (in text, and/or graphical, schematic type), with reference to these Regulations;

application forms about establishment of standard rates of formation of waste and limits on their placement, about renewal of the document on approval of standard rates of formation of waste and limits on their placement, about issue of the duplicate of the document on approval of standard rates of formation of waste and limits on their placement (according to Appendix 2 to these Regulations);

the list of documents which submission is necessary for establishment of limits on placement of waste, standard rates of formation of waste and limits on their placement, for renewal of the document on approval of standard rates of formation of waste and limits on their placement according to Items 5 and 11 of these Regulations;

the address of the official site of territorial authority of Rostekhnadzor on the Internet (in the presence), addresses of its e-mail;

telephone numbers for enquiries of territorial authority of Rostekhnadzor, general telephone number for enquiries (including number of phone answerphone);

information on location, postal address of territorial authority of Rostekhnadzor and phones of staff of the relevant structural divisions of territorial authorities of Rostekhnadzor;

working schedule of staff of the relevant structural divisions of territorial authorities of Rostekhnadzor;

procedure for receipt of consultations according to the procedure of execution of the state function according to item 8.3. Regulations;

obligations of officials in case of the response to phone calls, oral and written addresses of citizens or the organizations, requirements to form and nature of interaction of officials with applicants according to item 8.3. Regulations.

8.3. Consultations on procedure of execution of the state function for establishment of limits on placement of waste can be provided: according to written addresses, by phone, by e-mail (in case of its availability).

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