Garbage disposal: licensing. Pitfalls of the legislation of the Russian Federation in the field of activities for the removal of solid household waste

Nowadays more and more industrial enterprises are faced with the need to make the most of not only the original materials, but also secondary raw materials generated during the implementation of technological process. The requirements for compliance with environmental standards have also increased significantly in relation to organizations engaged in the disposal of household waste. Currently, a license for solid waste is issued only to companies that have managed to document the availability of resources for the safe removal and processing of waste.

Obtaining a license for solid waste

Today, municipal solid waste (MSW) includes garbage generated in residential and public buildings, industrial enterprises or shops. The main constituents of MSW are cardboard, wood, paper, food waste, textiles, plastics and glass. Scientists have found that population growth invariably leads to a continuous increase in the volume household waste. On the territory of the Russian Federation per capita there are up to 250-350 kg of municipal solid waste per year. In this regard, there is no doubt about the profitability of the organization of enterprises specializing in the removal and disposal of waste. However, it must be remembered that a license for solid waste is issued for only five years, and after this period, the procedure for confirming the complete readiness of special equipment and organization personnel for waste disposal must be repeated.

Currently, all waste by origin can be divided into: inorganic and organic. At the same time, the Federal Classification Catalog of Waste shares solid waste into several groups, depending on the level environmental hazard, dimensions and dimensions, as well as the possibility recycling garbage. Determined that organic waste are not a serious threat to human health, since such substances quickly decompose. However, the danger is an unpleasant odor and the possibility of reproduction of infectious bacteria.

Many environmental organizations The Environmental Protection Agency continuously urges large enterprises to limit the disposal of waste to landfills. An alternative option is to install special equipment for waste disposal or use of secondary raw materials in the technological cycle.

Requirements for obtaining a license for MSW

According to the legislation in force on the territory of the Russian Federation, untimely export construction debris can result in serious administrative fines. That is why it is necessary to obtain permission in advance for the removal and disposal of garbage. Currently the most common waste treatment method is the removal of municipal solid waste to landfills located far from populated areas. Another waste disposal option is waste transportation to special waste processing plants. However, even in order to collect and load hazardous substances, it is necessary to have such a document as a license for solid waste.

Waste of inorganic origin has been found to decompose over tens and even hundreds of years. Wherein chemical elements and toxic substances not only penetrate into groundwater, but also infect the soil and air, and also contribute to the spread infectious diseases and death of flora and fauna. That is why all over the world the rules for handling non-organic waste are strictly regulated by law.

According to such a document as a license for solid waste, the removal of municipal solid waste is carried out in special containers with the involvement of equipment equipped with means for loading garbage. In addition, personnel carrying out a complex of works on the disposal of hazardous substances must undergo special training and receive a certificate certifying the qualifications of an employee.

Who can get a license for MSW

A license for solid waste is issued to both legal entities and individuals with the status individual entrepreneur. It should be remembered that the period during which an application for granting the right to dispose of municipal solid waste is considered can be several weeks or even months. At the same time, during the consideration of the application, procedures for checking the staff of the organization for compliance with all stated requirements and standards are allowed.

Documents for obtaining a license for solid waste

The mandatory certificates required to obtain a document such as a license for solid waste include copies of contracts with landfills and waste processing enterprises that receive and dispose of hazardous waste and hazardous substances. In addition, it is necessary to provide documents confirming the relevant vocational training workers involved in the removal and processing of waste, as well as a certificate of medical examination of the personnel of the company, whose activities in the direction of waste disposal are licensed.

In some cases, you must provide conclusion of Rospotrebnadzor, the Ministry of Emergency Situations and Rostekhnadzor on the compliance of special equipment and project documentation that prescribes the processing or removal of garbage with existing legislation.

In addition, a license for MSW obliges to provide the company's memorandum of association, as well as a certificate of any changes to the constituent documents drawn up and registered in the prescribed manner. To obtain such a document as a license for solid waste, you also need a certificate of registration, registration as a legal entity and Goskomstat codes. In addition, for licensing activities with solid domestic waste, it is necessary to provide certificates confirming payment in full size license fee for consideration and study of the application.

Mandatory documents also include a list of wastes with which it is planned to carry out operations for the collection, use, neutralization, transportation and disposal. At the same time, it is obligatory to indicate not only the name of the waste in accordance with the federal classification catalog of hazardous substances, but also provide information on the composition of MSW. In addition, in order to obtain a license, a waste passport will also be required, in respect of which collection and processing activities are carried out. In addition, the list of required documents is supplemented by notarized copies of the TCP, a lease agreement with a vehicle transfer certificate or an extract from the balance sheet, as well as a certificate of regular pre-trip inspections of any company whose activities are licensed.

In addition, an agreement will also be required on regular sanitation and provision of a parking space for a vehicle that is used to collect and dispose of municipal solid waste. Mandatory documents include a sanitary and epidemiological conclusion on full compliance with the current sanitary standards and rules for any work related to the collection, transportation and disposal of municipal solid waste.

MSW license checks

Throughout the entire period of validity of the license, the controlling services reserve the authority to check the organizations that carry out the export of solid waste for compliance with the current provisions of the law.

Special documents are required for the qualified removal of construction and household waste.

For the qualified legal implementation of the export of construction and household waste in Moscow and the Moscow region, special documents (permits and licenses) are required. The MSK company has them all, because it leads commercial activity(garbage collection and disposal) and, of course, provides reporting on its work.

Waste collection license

Since many types of garbage contain substances hazardous to the environment and humans, a license is required for garbage disposal, which certifies the company's ability to transport and neutralize potentially hazardous waste. A license for waste removal is issued by decision of the environmental, nuclear and technical supervision services of Russia for a period of 5 years. This license confirms that the company (for example, MSK) has special equipment in its assets, funds for garbage disposal to equipped landfills, and also that its staff has qualified employees who are able to carry out such activities. Of course, not all companies that offer garbage collection have such a license, but monitoring the work of such organizations is the task of supervisory services.

The license for garbage collection indicates: the name and form of the legal entity that provides garbage collection services, as well as the location, details (identification number), the list of services and the validity period of the license. This data is quite enough to control the activities of the company that submits documents for licensing.

Waste clearance permit

The MSK company has a permit for the export (movement) of construction waste, soil and brick scrap, as well as the export of hazardous waste to landfills and the disposal of such waste in Moscow and the Moscow Region. Such permissions are needed by every organization that provides services in this area.

Documents for garbage collection

In addition, many companies that offer waste removal and disposal enter into special agreements with landfills for the storage and disposal of municipal solid waste, as well as construction waste in Moscow and the Moscow region. This allows you to take out the garbage centrally to a specific landfill, ready to accept the required volumes of waste.

Coupons for the volume of disposed waste

When concluding an agreement with an equipped landfill, the company receives coupons that indicate the amount of garbage disposed of, from which it follows that the garbage was unloaded at a specific location. As a rule, such coupons indicate the number of containers. This is also one of the documents testifying to the legality of the measures taken by the garbage collection company in Moscow.

Our company "MSK" is ready to provide, upon request, all documents confirming the legitimacy of ongoing garbage disposal operations, incl. construction waste to approved landfills. Contact us to clarify the terms of their provision, if necessary.

Since July 2017, every organization or individual wishing to collect and dispose of waste must obtain an appropriate permit. A garbage disposal license gives the right to engage in such activities and is a confirmation that the collection and transportation of household and industrial waste carried out without violating environmental regulations.

Types of waste

Solid household and, or, more simply, garbage, appears in the process human life and activities. All waste can be divided into 2 large groups:

1. Organic - these include paper, wood, food waste, etc. They decompose quickly and do no harm environment.
2. Inorganic - decompose over many years, causing significant harm to nature.

In addition, all household and industrial waste is usually divided into classes according to the degree of their danger to humans and the environment. There are 5 classes in total. The distribution is as follows:

To work with all types, you need a license for garbage collection.

Activities subject to licensing

Until 2017, only activities related to the storage and processing of waste were subject to licensing - landfills, waste incinerators etc. Now the Federal legislation provides for obtaining a permit for the following types of work:

To this end, there are a number of normative documents. To obtain a garbage license, you must strictly adhere to all legislative norms and rules in this regard.

Requirements for applicants

An individual or legal entity can obtain a permit for the right to export and process solid waste. For individual the status of an individual entrepreneur is required. In any case, the person or organization must prepare a package required documents and meet certain requirements.

To qualify, the applicant must:

If an applicant for a license plans to be engaged in the removal and disposal of class 5 waste, as a rule, there are no problems with obtaining it. Those entrepreneurs or organizations that plan to deal with waste of 1-4 classes will have to first pass a series of checks.

The procedure for obtaining permission

The procedure for licensing garbage disposal will not take the entrepreneur much time. Public policy involves all kinds of assistance to persons and enterprises dealing with environmental problems.

Obtaining a license includes several stages:

To obtain a license, it will be necessary to submit a package of documents to Rospotrebnadzor. It should include:

1. The conclusion of the sanitary and epidemiological service on the compliance of buildings, mechanisms and devices with the current sanitary norms and rules. This condition is strictly mandatory for the license applicant.
2. Valid application form.
3. Certificate of registration as an individual entrepreneur and registration with the tax office.
4. Copies of constituent documents.
5. Receipts confirming payment of the license fee.
6. Documents confirming the availability of the necessary transport, premises and equipment for conducting such activities.
7. Employment contracts with current employees.
8. Documents allowing employees to serve waste of 1-4 classes.

It is very important to fill out the application form correctly. The following information must be entered in it:

Where are documents submitted

The collected documents are submitted to the licensing authority, including locality where the IP is registered or the legal address of the enterprise is located. This must be done within 5 days of submitting the application. 60-90 days were allotted for consideration of the application of the relevant organization.

If all documents are completed correctly, the authorities state power go along with such statements. Typically, the percentage of failures is minimal.

Re-registration and renewal

If an entrepreneur or organization changes the location of a licensed facility or the class of waste removed, it is necessary to notify the licensing authorities within 2 weeks. Notice must be given in writing.

Every year, scheduled inspections of waste disposal enterprises are carried out. The inspection organization is obliged to notify the entrepreneur about this at least 10 days before the expected date of the visit. The duration of work on the control and verification of the activities of an entrepreneur or company should not exceed 30 days.

According to the results of the study, acts are drawn up, which are signed by all members of the commission. In case of disagreement of an individual entrepreneur with the conclusion, he may reflect this in the act.

If during the inspection the commission reveals violations, it issues an order to eliminate them within a certain period. Reasons for license suspension may include:

The license may be terminated in judicial order or without trial. The license may be completely terminated in the following cases:

1. If the entrepreneur did not eliminate the identified violations in a timely manner.
2. When a company is liquidated.
3. If the entrepreneur has not paid the license fee within 3 months.

After the identified violations are eliminated, the license must be renewed.

Work in other regions

The territorial issue of activity depends on which authority issued the license. If permission was obtained from federal offices, the entrepreneur has the right to collect, remove and process garbage throughout the country.

If a waste disposal license has been obtained from the regional authorities, the entrepreneur must create a written notice that he plans to operate outside the region where he is registered. This document is sent to the licensing authorities of the region where the work is planned.

This notice must include:

A certified copy of the license must be attached to the submitted application. You can check whether an individual or legal entity has a permit in a special register of registration of issued licenses.

A garbage disposal license is a mandatory document for carrying out activities in this area. Its absence calls into question the legality of the operation of the enterprise and leads to closure, fines and other sanctions from the authorities.

Types of activities and what is licensed

All activities related to garbage are clearly regulated by the state with the help of legislative acts ( the federal law No. 458-F3).

According to this regulation, a waste disposal license is required in the following cases:

• Collection of municipal solid waste (abbreviated MSW).
• Collection of municipal solid waste (MSW for short).
• Cleaning, sorting waste, preparing it for recycling.
• Garbage disposal.
• Secondary full or fragmentary use of waste.
• Neutralization of MSW and MSW.
• Placement and storage in certain places.

All organizations dealing with various types wastes belonging to hazard classes 1-4 are required to obtain a license.

In order to engage in any of the listed activities, a separate license is required. That is, if a license for the export of solid waste has been obtained, then it is impossible to dispose or store them.

Who can get a license

Russian legislation divides all garbage that is subject to removal and further placement into 5 classes in accordance with the level of danger. That is, the first level includes the most unsafe waste, and the fifth - the most harmless.

The first class includes mercury-containing devices and mechanisms. Getting them into external environment leads to serious consequences. The ecosystem cannot be restored.

Non-hazardous waste is waste that does not harm the environment. At this point, even activities related to safe waste needs to be licensed.

Therefore, in order to obtain a license, for example, for the elimination of waste of a certain class, it is necessary to prove the capabilities of the enterprise - the presence of the necessary machinery and equipment. Therefore, before submitting an application, the company determines what class of waste residues it plans to work with.

How to get a garbage disposal license legal entities and individual entrepreneurs. They must, in accordance with the regulations, provide a complete package of documents.

Who issues a waste disposal license?

Under Russian law, all organizations transporting MSW and MSW had to obtain a license before July 1, 2017. Enterprises may express a desire to engage in this activity later than the deadline. To obtain a permit, you should submit a request to the licensing authority at the place of registration of the organization.

The entire package of documents is reviewed by the Federal Service for Supervision of Natural Resources.

An enterprise can receive both a positive resolution and a negative, justified answer. It usually takes two to three months to consider all the necessary documents, if all the information is reliable and provided in full, there will be no refusal.

Any changes in the activities of the organization: a change in the class of waste, location or final point of transportation should not be kept secret. The enterprise is obliged within 14 days from the moment of any important transformations to notify the authority that issued the license. Notification is made in writing.

Licensing of an enterprise indicates that it fully complies with all the standards approved for state level. The organization has the necessary technical base for the safe delivery of waste to a further location.

Throughout this period of validity of the license, the carrier company is regularly checked public services. This usually happens no more than once per calendar year.

Cancellation

If serious violations are revealed at the enterprise, which the licensee has not eliminated within the established time limits, the work permit is suspended. Cancellation is possible only in three cases:

• When an organization is liquidated.
• Judicially.
• Delay in payment of the license fee for more than three months.

In most cases, the state goes to meet organizations involved in garbage collection. Therefore, cases of license cancellation are extremely rare.

Requirements and conditions for obtaining a document

A license for the export of solid waste is not issued to everyone. The organization must confirm its intentions by meeting certain conditions:

• The status of a legal entity or an individual entrepreneur, with a form of taxation defined by law.
• The presence of a ruble account in a banking institution.
• The actual availability of special permits from Rospotrebnadzor.
• Availability of specialized Vehicle, containers, other inventory and equipment necessary for the collection and transportation of waste.
• The presence in the staff of the organization of employees with the right to work with waste.
• Workers must be certified to work with hazardous waste classes.
• The conclusion of the sanitary and epidemiological service on the compliance of equipment and premises with the standards in force at the time of application.
• Documents defining the class of waste that is planned to be transported. Each type of waste requires special transportation conditions.
• Agreements or other acts defining the final place of delivery of MSW and MSW (agreements concluded with landfills, landfills).

If the enterprise plans to deal with the export of solid waste, then the period for obtaining permits will not be long. A lot of checks, certificates and permits need to be obtained by companies planning to transport class 1-4 waste. The higher the risk, the more serious the inspection of the organization.

Required documents

The organization can independently collect and provide all the necessary documentation package or entrust this action to an intermediary. In any case, the package of documents is the same.

The first step is to submit a properly drafted application. It indicates general information about the organization:

Applying for a MSW license

• Business name.
• Legal address.
• Certificate number and TIN.
• The area in which it is planned to carry out garbage collection services.
• Determining the type of waste according to the hazard class.
• Contact details.
• Information about the payment of state duty.

The application will not be accepted without supporting documents, which include:

• Copies of all statutory documents, certificates, confirmation of tax registration.
• The conclusion of the SES on the compliance of the premises, equipment and tools with the necessary standards.
• Invoices, lease or sale agreements, indicating that the enterprise has all the necessary technological base.
• Certificates confirming the admission of employees to work with waste of a certain class.
• Employment agreements or other documents confirming such relationships with certified workers.
• A document confirming the payment of state duty.

In accordance with the law, it is possible to personally submit the entire package to Rosprirodnadzor or send it by registered mail with a list of attachments.

What is required for the removal of waste without a permit

In accordance with Russian legislation operating today, the transportation of MSW and MSW is a licensed activity. This innovation is based on concern for the safety of the citizens of the state.

By checking the documents for the transportation of waste, the authorities once again need to make sure that all the resources are available for the qualified provision of services.

Municipal solid waste and municipal waste is garbage generated in the process of human functioning. They, in turn, are divided:

• For organic waste.
• Inorganic trash.

The first type is the safest, as it decomposes very quickly in the environment without causing any harm to it. These are leftover food, paper and similar waste products.

Inorganic debris remains on the surface of the earth for a very long time, the period of its decomposition is from three to several decades. It's plastic and stuff like that. Basically, inorganic waste is divided into hazard classes.

The first classes are the remnants of the vital activity of industrial enterprises. Their transportation without permits indicates various violations, including storage rules. This can lead to dire consequences. The same applies to less hazardous waste classes.

That is, if an enterprise cannot or does not want to obtain a license, it means that its activities are in clear violation of sanitary, epidemiological and other norms. As a result, there is an increase in unregistered landfills.

The minimum penalty for not having a license is a fine of 200,000 Russian rubles. The maximum penalty is the reorganization of the enterprise or the suspension of its activities for three months.

Officials can receive individual sanctions in the amount of up to 30 thousand rubles, and entrepreneurs up to 50 thousand rubles.

Validity and cost of the license

The license is granted for 5 years. After the expiration of its validity period, the organization can submit a second request. Subject to the impeccable previous work and the extension of the original activities, the enterprise can obtain a perpetual license.

The average cost of a permit is 300 thousand Russian rubles.

Since 2016, only those organizations that have the appropriate license can be engaged in the export of solid waste. In the article, we will get acquainted with those who need to receive it and how the registration process takes place. Attention will be focused on key legislative changes recent years so that companies operating in this area can make sure that they comply with current requirements.

Transportation of municipal solid waste to the places of their processing and disposal is a licensed activity. More than half of the garbage brought to landfills today. To strengthen control over their handling, a licensing procedure has been introduced. In particular, the authorities are trying to deal with illegally appearing landfills in this way.

Who Needs a Waste Disposal License?

Licensing must be carried out by all enterprises engaged in the transportation of household waste on the basis of a concluded agreement. This rule began to work in our country from July 1, 2016. When exporting solid waste without a license, violators are subject to fines and other measures of influence.

Before issuing a permit document, the company is checked for the following points:

• whether it has the production facilities and equipment to carry out the declared activity;
• whether it is ready to transport waste in a safe and environmentally friendly process.

MSW are called goods or objects that have lost their consumer properties. By official statistics, one modern city dweller produces about 350 kilograms of household waste every year. Such garbage is divided into two types:

• biological - organic matter that does not harm the environment (food and plant waste);
• non-biological - due to the long decomposition process, it harms nature (plastic, packaging materials, textiles, rubber, glass, building materials).

Regardless of the type of transported waste, the organization requires a license for the removal of solid waste. Waste is divided into five types depending on the degree of harm they cause to the environment. The most hazardous wastes (first and second class) are generated by enterprises chemical industry, oil refining and mechanical engineering. The third and fourth classes are MSW, which completely decompose within 3-30 years, therefore they do not cause much harm to the environment. The fifth class includes waste that is harmless to nature and humans.

Waste management rules are regulated by Federal Law-89. This law was adopted in 1998, so it is constantly subject to adjustments. The last significant amount of changes was made to it with the help of FZ-458, which was adopted at the end of 2014 and supplemented at the beginning of April 2018. In updating the legislation, significant attention is paid to the issues of export and disposal of waste.

How is a license for MSW issued?

Legal entities and individual entrepreneurs can obtain permits for garbage disposal. The applicant must meet certain requirements and prepare a package of documents. The main conditions include the availability of the necessary transport, equipment and inventory. In preparation for obtaining a garbage license great importance has a class of solid waste with which the organization plans to work.

Rosprirodnadzor is responsible for issuing permits here. The license is issued for a 5-year period.

The table clearly shows what changes in terms of licensing have occurred since 2016.

Register of licenses for the export of solid waste - open information, which can be found on the website of Rosprirodnadzor. If managing organization when concluding an agreement, you need to check the authenticity of the counterparty's permits, then the database of the Internet resource of the controlling agency will help with this. Here you need to understand that the information on the website of Rosprirodnadzor may be out of date. For the most up-to-date information on whether a company has a waste license, please contact government agencies statement on it.

Documents for obtaining a license

When issuing a license for the transportation of solid waste, the following documents are required:

• a statement of a certain form;
• an extract confirming the state registration of a legal entity or individual entrepreneur;
• photocopies of constituent documents;
• papers confirming the mandatory payments for the licensee;
• papers confirming that the applicant has transport, facilities and equipment necessary for conducting the declared activity;
• labor contracts with employees who will be engaged in the transportation of solid waste;
• act of registration with the tax office.

In the application, the license applicant shall indicate the following information:

• name and address of the organization (for individual entrepreneurs - full name);
• the territory in which the applicant intends to provide garbage collection services;
• TIN and information from the extract on the previous registration procedure;
• specific line of business;
• a list of solid waste by classes from 1 to 5 with numbers assigned in accordance with the federal classifier;
• permission from the sanitary service;
• documents confirming the payment of state duty;
• Contact Information.

First, the license applicant submits an application, then he has 5 days to submit the supporting documentation. The licensing authority usually takes 2-3 months to make a decision. If all the submitted papers are in order, then a license for the export of solid waste is issued without any difficulty.

Every year, a licensed enterprise undergoes an inspection, which is reported by the regulatory authorities 10 days before its start. The maximum period for conducting verification actions is 30 days. Based on the results of the check, a special document is prepared, on which each member of the commission leaves his signature. In case of disagreement with the conclusions, the audited organization makes appropriate marks in this document.

If any violations are found in the activities of an organization that carries out garbage collection with a license, then it is given a certain time to eliminate them. If this requirement is not met, the supervisory authority may prohibit the conduct licensed activity and apply to the court for the withdrawal of permits.

The waste disposal license automatically becomes invalid in the following situations:

• the licensee organization terminates its activities;
• the license holder does not make the necessary payments within 90 days.

The cost of a license, its validity period and liability for violators

When applying for a license for garbage collection, you must pay a fee of about 300,000 rubles. The specific figure is determined by the types of ongoing activities. In case of violation of the rules of transportation and storage of solid waste, the following fines are provided:

• for officials - 10,000-30,000 rubles;
• for individual entrepreneurs - 50,000 rubles, plus a three-month ban on working with solid waste;
• for organizations - up to 200,000 rubles, plus a three-month ban on working with solid waste.

In case of particularly serious violations in this area, criminal proceedings may be launched. If we are talking about work without the necessary permits, then violators are usually judged under article 171 of the Criminal Code of the Russian Federation.