EDERALNY LAW OF THE RUSSIAN FEDERATION

of December 29, 2014 No. 458-FZ

About introduction of amendments to the Federal law "About Production Wastes and Consumption", separate legal acts of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation

Accepted by the State Duma on December 23, 2014

Approved by the Federation Council on December 25, 2014

Article 1

Bring in the Federal Law of June 24, 1998 No. 89-FZ "About production wastes and consumption" (The Russian Federation Code, 1998, No. 26, Art. 3009; 2001, No. 1, Art. 21; 2003, No. 2, Art. 167; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; No. 19, Art. 1752; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 46, Art. 5554; 2008, No. 30, Art. 3616; No. 45, Art. 5142; 2009, No. 1, Art. 17; 2011, No. 30, Art. 4590, 4596; No. 45, Art. 6333; No. 48, Art. 6732; 2012, No. 26, Art. 3446; No. 27, Art. 3587; No. 31, Art. 4317; 2013, No. 30, Art. 4059; No. 43, Art. 5448; No. 48, Art. 6165; 2014, No. 30, Art. 4220, 4262) following changes:

1) in Article 1:

a) state paragraph two in the following edition:

"production wastes and consumption (further - waste) - substances or objects which are formed in production process of performance of works, rendering services or in the course of consumption which are removed, are intended for removal or are subject to removal according to this Federal Law;";

b) the fourth to state the paragraph in the following edition:

"the address with waste - activities for collection, accumulating, transportation, processing, utilization, neutralization, placement of waste;";

c) to state the paragraph of the sixth in the following edition:

"storage of waste - warehousing of waste in specialized objects for more than eleven months for the purpose of utilization, neutralization, burial;";

d) word in paragraph seven to "further use" shall be replaced with words "further utilization";

e) paragraphs of the eighth - to state the tenth in the following edition:

"waste recycling - use of waste for production of goods (products), performance of works, rendering services, including repeated application of waste, including repeated application of waste for the intended purpose (recycling), their return to production cycle after the corresponding preparation (regeneration), and also extraction of useful components for their repeated application (recuperation);

neutralization of waste - reduction of lot of waste, change of their structure, physical and chemical properties (including burning and (or) disinfecting on specialized installations) for the purpose of decrease in negative impact of waste on health of the person and the environment;

subjects to placement of waste - specially equipped constructions intended for placement of waste (polygon, shlamokhranilishche, including sludge depot, the tailings dam, dump of rocks and another) and the including objects of storage of waste and subjects to waste disposal;";

e) in the paragraph the seventeenth words of "further use" shall be replaced with words "further processings, utilizations";

g) in the paragraph the nineteenth:

shall be replaced with words the words "six months" "eleven months";

shall be replaced with words words of "further use" "further utilizations";

h) add with paragraphs of the following content:

"processing of waste - preliminary preparation of waste for further utilization, including their sorting, disassembly, cleaning;

solid utility waste - the waste which is formed in premises in the course of consumption by physical persons and also the goods which lost the consumer properties in the course of their use by physical persons in premises for the purpose of satisfaction of personal and domestic needs. The waste which is formed in the course of activities of legal entities, individual entrepreneurs and similar on structure to the waste which is formed in premises in the course of consumption by physical persons also belongs to solid utility waste;

the standard rate of accumulating of solid utility waste - the average number of the solid utility waste which is formed in unit of time;

subjects to waste disposal - the subsoil plots provided in use in accordance with the established procedure, underground constructions for waste disposal of the I-V classes of danger in accordance with the legislation of the Russian Federation about subsoil;

objects of storage of waste - specially equipped constructions which are equipped according to requirements of the legislation in the field of environmental protection and the legislation in the field of ensuring sanitary and epidemiologic wellbeing of the population and are intended for long-term warehousing of waste for the purpose of their utilization of subsequent, neutralization, burial;

subjects to neutralization of waste - specially equipped constructions which are equipped according to requirements of the legislation in the field of environmental protection and the legislation in the field of ensuring sanitary and epidemiologic wellbeing of the population and are intended for neutralization of waste;

the operator according to the address with solid utility waste - the individual entrepreneur or the legal entity performing activities for collection, transportation, processing, utilization, neutralization, burial of solid utility waste;

the regional operator according to the address with solid utility waste (further also - the regional operator) - the operator according to the address with solid utility waste - the legal entity who shall sign the service provision agreement according to the treatment with solid utility waste of the owner of solid utility waste which are formed and which places of collection are in zone of activities of the regional operator;

groups of homogeneous waste - the waste classified by one or several signs (origin, education conditions, chemical and (or) component composition, aggregate state and physical shape);

balance of quantity characteristics of education, utilization, neutralization, burial of solid utility waste in the territory of the subject of the Russian Federation - ratio of number of the formed solid utility waste and quantity characteristics of their utilization, neutralization, burial, transfer to other subjects of the Russian Federation (receipt from other subjects of the Russian Federation) for subsequent utilization, neutralization, burial;

waste from use of goods - the final goods (products) which lost fully or partially the consumer properties and warehoused by their owner in the place of collection of waste, or transferred according to the agreement or the legislation of the Russian Federation to person performing the processing, waste recycling or which are given up or otherwise left the owner with the purpose to refuse the property right to them;

the paragraph the thirteenth ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2017 No. 503-FZ

2) in Article 3:

a) to add the name after the word "principles" with the words "and priority directions";

b) the paragraph one to state in the following edition:

"1. The basic principles of state policy in the field of the address with waste are:";

c) the fourth to state the paragraph in the following edition:

"use of the best available technologies in case of the address with waste;";

d) add with Item 2 following of content:

"2. The directions of state policy in the field of the address with waste are priority in the following sequence:

maximum use of initial raw materials and materials;

prevention of formation of waste;

reducing formation of waste and decrease in class of danger of waste in sources of their education;

processing of waste;

waste recycling;

neutralization of waste.";

Article 4 to state 3) in the following edition:

"Article 4. Waste as property right object

The property right to waste is determined according to the civil legislation.";

4) in Article 5:

a) to state the paragraph of the eighth in the following edition:

"licensing of activities for collection, transportation, processing, utilization, neutralization, placement of waste of the I-IV classes of danger;";

b) add with paragraphs of the following content:

paragraph two of ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 404-FZ

establishment of the list of final goods, including packaging, subject to utilization after loss of consumer properties by them;

establishment of standard rates of waste recycling from use of goods;

establishment of procedure, forms and terms of provision by producers, importers of the goods which are subject to utilization after loss by them of consumer properties, the reporting on accomplishment of standard rates of utilization of such goods;

establishment of procedure for declaring by producers, importers of goods of quantity of the goods released in the territory of the Russian Federation for the previous calendar year, including packagings of such goods;

establishment of rates of charge on each group of the goods which are subject to utilization after loss of consumer properties by them, paid by producers, importers of goods which do not provide independent waste recycling from use of goods (further - ecological collection);

establishment of procedure for collection of ecological collection (including procedure for its calculation, payment due date, procedure for collection, offsetting, return of excessively paid or excessively collected amounts of ecological collection);

establishment of procedure for provision from the federal budget of subsidies to subjects of the Russian Federation from the funds which arrived on account of payment of ecological collection for financing of works on the address with waste;

control of correctness of calculation, completeness and timeliness of payment of ecological collection;

accounting and control of accomplishment of the established standard rates of waste recycling from use of goods;

establishment of procedure for creation, operation and upgrade of single state information system of accounting of waste from use of goods;

establishment of procedure for professional training of persons allowed to collection, transportation, processing, utilization, neutralization, placement of waste of the I-IV classes of danger, and requirements to its implementation;

establishment of standard rates of formation of waste and limits on their placement, procedure for their development and approval in relation to economic and (or) other activity of individual entrepreneurs, legal entities (except for subjects of small and medium entrepreneurship) in the course of which waste on the objects which are subject to federal state ecological supervision are formed;

acceptance of the reporting on education, utilization, neutralization, about placement of waste, represented in notifying procedure by subjects of small and medium entrepreneurship in the course of which economic and (or) other activity waste on the objects which are subject to federal state ecological supervision are formed;

establishment of the list of final goods (products) and types of packaging after which loss of consumer properties the waste provided by biodegradable materials are formed;

establishment of procedure for determination of standard rates of accumulating of solid utility waste;

establishment of requirements to subjects to placement of waste (except for solid utility waste);

establishment of requirements to subjects to placement of solid utility waste;

establishment of the list of types of waste which burial is forbidden;

establishment of requirements in case of the address with groups of homogeneous waste of the I-V classes of danger;

establishment of requirements to structure and contents of territorial schemes of the address with waste, including solid utility waste;

establishment of procedure for confirmation of reference of waste of the I-V classes of danger to specific class of danger;

establishment of procedure for certification of waste of the I-IV classes of danger and standard forms of passports of waste of the I-IV classes of danger;

establishment of procedure for transportation of waste of the I-IV classes of danger;

approval of rules of the address with solid utility waste;

approval of rules of commercial accounting of amount or lot of solid utility waste;

approval of bases of pricing in the field of the address with solid utility waste;

approval of regulations of rates in the field of the address with solid utility waste;

approval of form of the standard agreement on rendering services in the address with solid utility waste;

approval of procedure for development, approval, approval and adjustment of investing and production programs in the field of the address with solid utility waste, including procedure for determination of planned and actual measure values of efficiency of the objects used for processing, neutralization, placement of solid utility waste;

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