Legal Regulation of Management in the Field of Waste Management

General Provisions

Legal regulation of management in the field of waste handling constitutes a set of measures aimed at minimizing the negative impact of waste on the environment and human health.

The basis of regulation is the establishment of norms for waste generation and limits on their placement, which are mandatory for legal entities and individual entrepreneurs.

These mechanisms allow for controlling waste volumes and stimulate the implementation of environmentally safe technologies.

A significant role is played by the accounting and reporting system, ensuring transparency in activities in the field of waste management, as well as maintaining the state register of wastes, including classification and information on their placement objects.

A significant element is the licensing of certain types of activities related to the handling of hazardous waste, which ensures additional control over their safe processing.

State supervision carried out, in particular, by the Federal Service for supervision in the field of natural resource utilization is aimed at preventing and halting violations.

In combination, these data measures form an effective waste management system and contribute to ensuring environmental safety.

Normative regulation in the field of waste management

Normative regulation in the field of waste handling is provided for by Article 18 of the Federal Law "On Waste from Production and Consumption". Within the scope of this article, it is stipulated that in order to ensure environmental protection and human health, as well as to reduce the amount of waste generated by individual entrepreneurs and legal entities through their economic and other activities, norms for waste generation and limits on their placement are established.

At the same time, limits on waste disposal are established by authorized federal executive authorities or executive authorities of a subject of the Russian Federation in the field of waste management in accordance with their competence, based on the norms of permissible levels of harmful effects on the environment.

It should also be noted that individual entrepreneurs and legal entities, as a result of their economic and other activities, which generate waste (excluding subjects of small and medium-sized entrepreneurship), develop projects of waste generation norms and limits on their placement. [Subjects of small and medium-sized

subjects of small and medium-sized entrepreneurship](/enc/392/ "Definition of the term 'Subjects of Small and Medium-Sized Entrepreneurship' in the legal encyclopedia"), as a result of their business and other activities, generate waste, which they submit to authorized federal executive authorities or executive authorities of a subject of the Russian Federation, within their competence, reports on the generation, use, neutralization, and placement of waste in an advisory capacity.

In turn, the procedure for developing and approving waste generation standards and limits on their placement, submission and control of reporting on waste generation, use, neutralization, and placement (excluding statistical reporting) is established by the federal authority of executive power in the field of waste management. In case of violation of waste generation standards and limits on their placement, the activity of individual entrepreneurs and legal entities in the field of waste management

The handling of waste may be limited, suspended, or terminated in accordance with the procedures established by Russian legislation.

Accounting and Reporting in the Field of Waste Management

Individual entrepreneurs and legal entities, engaged in activities in the field of waste management, are required to maintain records in accordance with established procedures of generated, used, disinfected, transferred to other persons or received from other persons, as well as disposed of wastes. The procedure for keeping records in the field of waste management is established by federal executive authorities in the field of waste management.

in accordance with their competence; the procedure for statistical accounting in the field of waste management - a federal executive authority responsible for statistical accounting.

Individual entrepreneurs and legal entities, engaged in activities in the field of waste management, are required to submit reports in accordance with the procedures and deadlines established by the federal executive authority responsible for statistical accounting in accordance with coordination with federal executive authorities in the field of waste management

in accordance with their competence.

Individual entrepreneurs and legal entities engaged in waste management activities ensure the storage of accounting materials for the period determined by federal executive authorities in the field of waste management in accordance with their competence (Article 19 of the Federal Law "On Waste of Production and Consumption").

State Waste Cadastre

The State Waste Register includes the Federal Classification Catalog of Wastes, the state register of waste disposal sites, as well as a database on wastes and on technologies for utilization and disposal of various types of wastes. The State Waste Register is maintained [by](/enc/32588/

"Definition of the term 'PO' in the legal encyclopedia") a unified system for the Russian Federation. The procedure for maintaining the state register of waste is determined by the federal executive body authorized by the Government of the Russian Federation.

The executive authorities of a subject of the Russian Federation may maintain regional waste registers, including data, submitted by local self-government bodies and legal entities engaged in waste management activities. The procedure for maintaining regional waste registers is determined by the executive authorities of the subjects of the Russian Federation (article 20 of the Federal Law "On Waste from Production and Consumption").

Licensing

Licensing of activities related to the collection, use, neutralization, transportation, and placement of waste is carried out in accordance with the Federal Law "On Licensing Certain Types of Activities" (Article 9 of the Federal Law "On Waste from Production and Consumption"). "Activities related to the neutralization and placement of hazardous waste classes I-IV" is included in the list of activities requiring licenses (point 30

Articles 12 of the Federal Law "On Licensing Certain Types of Activities." Licensing activities in the field of waste management is carried out by the Federal Service for Supervision in the Field of Natural Resources (point 2 of the regulations on licensing activities related to neutralization and disposal of hazardous waste classes I - IV ¹).

State Oversight in the Field of Waste Management

State supervision in the field of waste management refers to the activities of authorized federal executive authorities and executive authorities of the subjects of the Russian Federation aimed at preventing, detecting, and halting violations by state authorities, local self-government bodies, as well as legal entities, their leaders and other officials, individual entrepreneurs, their authorized representatives (hereinafter referred to as legal entities, individual entrepreneurs), and citizens of requirements established in accordance with international agreements of the Russian Federation.

of the Russian Federation, this Federal Law, other federal laws adopted in accordance with them, as well as other normative legal acts of the Russian Federation, laws and other normative legal acts of the subjects of the Russian Federation in the field of waste management (hereinafter - mandatory requirements), through the organization and conduct of inspections of these persons, taking measures provided for by the legislation of the Russian Federation to prevent and/or eliminate the consequences of identified violations, and the activities of the aforementioned authorized state authorities in systematic monitoring of compliance with mandatory

requirements, analysis and forecasting of the status of implementation of these requirements when carrying out activities by state authorities, local self-government bodies, legal entities, individual entrepreneurs and citizens.

State Supervision in the Field of Waste Management is carried out by the authorized federal executive authority and the executive authorities of the subjects of the Russian Federation when they perform respectively federal state ecological supervision and regional state ecological supervision within their competence in accordance with the legislation of the Russian Federation on environmental protection and the Federal Law "On the Protection of the Rights of Legal Entities and Individual...

entrepreneurs during the implementation of state control (supervision) and municipal control".

Federal state fire safety supervision, federal state sanitary-epidemiological supervision, federal state supervision in the field of nuclear energy use, federal state supervision in the field of industrial safety when handling waste are carried out

authorized federal executive authorities in accordance with their competence under the legislation of the Russian Federation (Article 25 of the Federal Law "On Waste from Production and Consumption").

---1. Approved by Decree of the Government of the Russian Federation dated 28 March 2012 No. 255 "On Licensing Activities Related to Neutralizing and Disposing of Waste Classified as Classes I–IV of Hazard" // OG RF. 2012. No. 15. Art. 1781. ↩