In its letter from Rosprirodnadzor of 2014, it clarifies the rules of the law relating to waste management. What are unauthorized dumps? Let's try to understand this issue together.
Theoretical points
According to the order of Rosprirodnadzor from 2014, a lot of garbage is allocated - this is unauthorized storage of industrial and household waste for up to six months in places that are not equipped within the framework of the requirements of the legislation on environmental protection and the well-being of citizens. Administrative fines are provided for such violations.
Unauthorized landfills - this is the storage of industrial and household waste for a period of more than six months in places that do not meet the requirements of legislation in the field of environmental protection. Such actions lead to a violation of the sanitary and epidemiological well-being of ordinary citizens.
What you need to know
Unauthorized landfills of industrial and domestic type are considered unlimited disposal, which entails the imposition of administrative liability on the waste owner. According to the legislation in force in our country in the field of environmental protection, the violator is required to pay a certain amount of money for a negative effect on nature - a five-fold increase coefficient is applied.
According to Art. 22 of the Federal Law on the sanitary and epidemiological welfare of the population, any unauthorized landfill of household waste should be eliminated at the expense of its organizer. According to this regulatory document, all wastes of consumption and industrial processing must be collected, accumulated, processed, decontaminated, disposed of in such a way that they do not constitute a danger to the health and life of the population. In addition, all of this waste must be environmentally friendly.
The elimination of unauthorized landfills is carried out with the direct participation of local authorities. Their powers extend to lands that are used and intended for the development and development of a settlement.
Arbitrage practice
It should be noted that the Constitutional Court of the Russian Federation issued a decision (2015), which stated that the current system of legal regulation does not imply unconditional responsibility on local authorities for the collection, removal, disposal, recycling of industrial and household waste, as well as for treatment territories from pollution. So who should liquidate an unauthorized dump? The responsibility lies with the company (individual) who violated the rules for waste management.
According to Art. 42 of the Land Code of the Russian Federation, the following obligations are imposed on owners of land plots and persons who are not such:
- The use of land in accordance with their intended purpose in ways that do not cause real harm to the environment, including land as a natural object.
- The exclusion of pollution, depletion, degradation, damage, destruction of lands and soils, other negative effects on soils and lands.
Unauthorized landfills that are located outside the lands of settlements should be cleaned by the owners of land if they did not transfer this obligation under the contract to any third parties.
According to Art. 43 of the Constitution of the Russian Federation, as well as under Art. 11 of the Federal Law "On the Environment", everyone has a legal right to a favorable environment.There is also the right to protect it from any negative impact that was caused by economic or other activities, industrial or natural emergencies.
Ordinary citizens have the right to receive timely reliable information about the state of the OS, as well as to compensation for harm. Cleaning of unauthorized landfills is one of the penalties for those violating these legal documents.
Current regulations
In our country, it is not allowed to discharge household and industrial waste into groundwater and surface water bodies, into soil, into the bowels of the earth, into catchment areas. Among the powers of local authorities of city centers in the field of waste management, we highlight their active participation in the organization of collection work, including separate collection, as well as transportation of municipal solid waste in the territory of the Moscow Region.
If liquidation measures are not taken, the formation of unauthorized dumps is encouraged, all this is a direct violation of the rights of citizens to a favorable OS. If garbage accumulates on the lands, this contributes to their pollution, therefore, public interests are violated.
Citizens, according to Art. 11 of the Federal Law "On the Environment", there is a right to assist the government, local self-government in matters related to environmental protection.
How to clean up
If citizens decide to apply to Rosprirodnadzor for issues related to the appearance of unauthorized landfills in their community (near it), it is advisable to draw up a location plan for the landfill with a preliminary estimate of the volumes, as well as with the coordinates. It is also advisable to take some photos of the landfill site. For each application submitted by citizens, an audit must be carried out, the results of which are notified (officially) to the applicant at the home address indicated in the appeal.
What you need to know
It is important to understand that the direct responsibility for any industrial or domestic emissions rests with those persons on whose territory the waste is located. The authority of Rosprirodnadzor includes the verification of the Federal Law on all signals received by the department from citizens.
His competence also includes the appointment of an administrative fine for the offender for committing illegal actions, as well as the preparation of materials for transferring the results of the audit to the environmental prosecutor's office.
What to look for
Currently, issues regarding the appearance around large megacities, as well as small provincial cities, unauthorized dumps, are especially relevant and timely.
If the landfill is on the territory of a particular municipality, it is precisely the municipal authorities that must deal with its disposal. In addition to the territory where garbage accumulation is detected, it is also important to know who owns the contaminated land.
Landowners, land users, owners, tenants must use land in accordance with their intended purpose. They are obliged to use methods that are not harmful to the environment. Land owners are required to avoid pollution, degradation, depletion, spoilage, soil destruction, and other negative impacts on them. They are obliged to eliminate any consequences of land pollution, including their restoration. Such obligations of land owners are specified in Art. 13 of the Land Code of the Russian Federation.
To summarize
Cases of non-compliance with sanitary-epidemiological and environmental requirements during the accumulation, collection, neutralization, transportation, disposal of industrial waste are provided for in Art. 8.2 Administrative Code of the Russian Federation.
If the fault of an individual is established, a fine of 1-2 thousand rubles is imposed. For legal entities, its size increases to 250 thousand rubles, and for officials it is estimated at thirty thousand rubles.
If an unauthorized landfill is located outside the land belonging to the locality, the responsibility is imposed on the owners of the land if there was no transfer of rights under the contract to third parties.
At the conclusion of the lease, the tenant is liable for garbage collection. For example, the court ordered the administration of the Olonets region to remove an ownerless landfill found near the city. The decision was based on the fact that issues related to the collection, disposal, removal, processing of industrial and household waste are the prerogative of local authorities, because the land belongs to the Moscow Region.
