Disposal of industrial and consumer waste is the most widely practiced method of waste disposal. Unfortunately, waste disposal gives rise to a lot of environmental, sanitary and hygienic problems. However, burial will remain the most common method in the near future.
Therefore, reducing the volume of waste subject to disposal is one of the most important tasks, which can be solved by reducing their formation, reuse, recycling and energy recovery. At the same time, it is necessary to carry out work to create methods for safe and environmental waste disposal.
Under sanitary landfill (SP) commonly understood as an engineered method of disposing solid waste on land in ways that reduce environmental harm, distributing the waste in thin and as compact layers as possible, and covering it with layers of soil at the end of each working day.
There are two ways to organize a sanitary landfill trench and surface .
Trench method most suitable for areas with a flat land surface and deep groundwater. In this case, the overlying soil is formed as a result of excavation of the trench. The soil is stored and used for reclamation when closing trench areas.
Surface method used on hilly terrain and uses natural slopes with a slope not exceeding 30%. The soil for covering must be delivered from other places.
A complete list of problems associated with the operation of the joint venture is shown in Fig. 6.2
Rice. 6.2. The main problems arising during the operation of the joint venture
A very important factor determining the possibility of creating and operating a joint venture is economic, based on capital investments and operating expenses.
An integral part of any landfill is a network of roads: access roads to the maps, as well as a reinforced concrete road that encircles the landfill.
Due to the large number of problems described above, recently there has been a persistent tendency to reduce the volume of solid waste transported to landfills.
First of all, reducing the amount of exported waste can be achieved by sorting (at the point of generation or immediately before processing).
Selective collection among the population of consumer waste (waste paper, textiles, plastics, glass containers, etc.) is practiced in many countries. This approach makes it possible to prevent a number of valuable components that are recycled or reused, as well as hazardous components, from entering solid waste. In this case, there are two possible options for organizing selective collection of solid waste in the places of their generation: purely selective (component-wise) collection of waste in various containers and the so-called collective-selective collection a number of components into one container. For example, the practice is to collect glass, metals and paper together into one container, followed by their mechanized sorting in a special installation. In Russia at present there is practically no selective harvesting.
Currently, two variants of solids sorting technology are most widely used: household waste:
mechanized sorting of solid waste at industrial waste processing facilities;
a combination of mechanized and manual sorting at waste transfer stations.
Industrial processing of solid waste is mainly focused on waste combustion to produce thermal and electrical energy, since thermal technologies provide effective neutralization of waste, including toxic and infected components entering solid waste.
Reducing the amount of waste sent for combustion as a result of pre-sorting reduces the need for expensive thermal and gas cleaning equipment and, compared to the combustion of original solid waste, reduces capital costs by up to 25%. In addition, the extraction of environmentally hazardous components through sorting reduces the content of harmful substances in gas emissions, simplifies gas purification, reduces the cost of gas purification equipment and reduces the negative environmental impact of a waste incineration plant.
The introduction of pre-sorting allows you to get a profit from the sale of marketable products equal to 20–25%. This profit is generated by separating non-ferrous scrap metals and better quality ferrous scrap metals.
The introduction of manual waste sorting operations into the technological scheme makes it possible to isolate individual components of solid waste in a purer form compared to mechanized sorting. For example, in this case it is possible to separate waste paper and polymers for the purpose of their subsequent sale to consumers and making a profit. Therefore, at waste transfer stations it is proposed to use a technological scheme using manual sorting operations to isolate the valuable components contained in waste (metals, waste paper, polymers, etc.).
Increasing the efficiency of manual sorting can be achieved using three sequential mechanized operations:
magnetic separation;
separation of textile components and screening in a drum screen,
inclusion in the technological scheme of electrodynamic separation of non-ferrous scrap. However, the effectiveness of this operation is low.
Rice. 6.1. Structural diagram of industrial and consumer waste management
The structure of the waste management system in Western Europe, the USA, Japan, etc. is similar to the structure adopted in the Russian Federation. However, the implementation of technological processes and cycles included in the overall waste management process is different. For example, in the EEC countries approximately 60% of industrial and about 95% of agricultural waste is recycled. In Japan, about 45% of industrial waste is recycled.
An analysis of solid waste management in these countries shows that in the UK 90% of solid waste is disposed of in landfills, in Switzerland - 20%, in Japan and Denmark - 30%, in France and Belgium - 35%. The remaining solid waste is mainly burned. Only a small portion of MSW is composted.
Safe handling of all kinds of waste is one of the most important environmental problems. Industrial and consumer waste is a source of pollution to our environment. At the same time, there is a spread of hazardous substances that negatively affect human health. That is why it is important to follow the procedure for accounting and handling waste.
Types of waste
Classification of materials that constitute waste is carried out to determine the best options for solving the problem of handling them. Understanding what type of waste this or that waste is, specialists optimally collect and store it, transport and dispose of it, neutralize and process it.
There are many characteristics by which numerous residues are divided into different groups. These same groups largely determine the procedure for waste management. But mainly for the purpose of using materials and equipment, the remains of which turn into garbage, production waste and consumption waste are distinguished.
Production waste is considered to be the remains of raw materials, materials, any semi-finished products generated during the production of products that have partially or completely lost their quality or do not meet the standards. Some of these residues, after special processing, may well be used as raw materials or finished products.
Consumer waste is usually called worn-out products, as well as waste materials, the restoration of which is not economically feasible. A small part of such waste can be returned to the production cycle without additional processing. They are usually called returnable waste. The rest, irretrievable waste, cannot be returned to production without special processing. It is the procedure for handling production and consumption waste that is determined further fate scrap.
Waste can be classified by hazard, physical state, industry or source of occurrence. It is also worth noting that each area of production has its own waste classification system. But at the same time, even one enterprise cannot generate one type of waste, since, along with technological waste, solid household waste is inevitably generated.
Danger of waste
The most important thing is how hazardous waste is handled. This is due to the fact that toxicity, fire hazard, content infectious agents, the reactivity of some substances depends on the collection conditions, transportation procedure, and method of disposal of residues.
The toxicity of a substance is determined by its ability to cause serious acute or chronic diseases, including cancer. The route of entry into the body can be different: through the respiratory tract, the digestive system or in contact with the skin. In this case, acute toxicity may occur if there is a one-time contact with a substance of high concentration, or chronic toxicity if a person repeatedly interacts with the same substance, but of lower concentration.
The fire hazard of waste is determined by its ability to:
- emit vapors of flammable compounds at a temperature not exceeding 60 °C in a closed container or not more than 65.5 °C in an open container;
- easily ignite, as well as cause or intensify fire due to friction;
- spontaneously warm up under normal conditions, as well as from contact with air, followed by spontaneous combustion;
- spontaneously ignite on contact with water or release flammable substances in dangerous quantities.
Hazard classes
In accordance with regulatory documents defining the procedure for waste management and production control, according to the degree of negative impact on the environment, waste is divided into 5 hazard classes.
| Degree of harmful effect | Criteria for assigning waste to a hazard class | Hazard Class |
| Very high | The ecosystem is irreversibly damaged and has no recovery period | I - extremely dangerous |
| High | The ecosystem is severely damaged; after eliminating the source of impact, restoration will take at least 30 years | II - highly dangerous |
| Average | The ecosystem is damaged, its recovery after reducing the impact from an unresolved source will take about 10 years | III - moderately hazardous |
| Low | The ecosystem is disturbed, but will recover itself in 3 years | IV - low-hazard |
| Very low | The ecosystem has virtually no disturbances | V - practically harmless |
Waste certification
The accounting procedure for waste management of waste belonging to hazard classes I-IV provides for the preparation of passports for them. The certification procedure, as well as standard forms passports, determined by the Government Russian Federation. It is carried out by Rosprirodnadzor through its territorial bodies, as well as by individual entrepreneurs or legal entities themselves, during whose activities this waste was generated.
A passport for a particular waste is drawn up based on data on its composition and properties, as well as after assessing its hazard. It contains the following information:
- waste code according to the classification catalogue;
- component composition;
- the name of the process during which this waste was formed;
- information about the economic entity (enterprise).
The component composition of the waste is determined as a result of analyzes carried out by an accredited laboratory, and is also based on technological regulations, technical conditions, standards and other documentation. In accordance with the waste management procedure, a copy of such a document is required for transportation, disposal, burial or use of waste. Passport to mandatory must be agreed with the territorial body of Rosprirodnadzor.
Production control during waste management
The procedure for monitoring compliance with the requirements of legislative acts in the field of waste management must be developed by legal entities, V production activities which generate this or that type of waste. In accordance with the law, the enterprise must develop a number of documents and issue the necessary orders, in accordance with which its employees must handle waste. The main one from this list is the “Procedure for implementation of production control in the field of waste management”.
This procedure is a local regulatory act issued by a legal entity and agreed upon with executive authorities in the constituent entities of the Russian Federation (usually Rosprirodnadzor). Today there are no uniform requirements for its design established for federal level. However, the territorial bodies of Rosprirodnadzor recommend including the following sections:
- General provisions. Here they usually refer to legislative acts that provide for the need to develop waste management procedures and conduct production control.
- Goals and objectives of production control in waste management. A standard unified section, the keywords of which include “control”, “verification”, “provision” and “provision of information”.
- General information about the organization. In addition to the details of the legal entity, the section describes the main areas of activity.
- Description of the organizational accounting system and procedure for waste management at the sites of an economic entity. This indicates the officials who are responsible for carrying out waste-related operations, including direct production control and development of instructions.
- Description of objects that are subject to production control when handling waste. The section provides characteristics of the main groups of waste generated during various processes of the enterprise.
- Monitoring compliance with restrictions on negative impacts on the environment. Plans and schedules for the implementation of eco-analytical control, the main planned activities, the frequency of their implementation and performers are provided.
- Monitoring compliance with the requirements for the prevention and/or elimination of emergencies arising during waste management. The section indicates possible emergency situations that may arise at any stage of waste handling, as well as the order of actions of workers in the event of their occurrence.
In addition to the regulations on waste management procedures, the package of production control documents in the form of attachments also includes copies of:
- Certificates of registration of a legal entity, as well as its tax registration.
- Passports of all types of waste generated at the enterprise sites.
- Information about the persons appointed responsible for implementing the control procedure for waste management of a legal entity.
- Regulations on departments and laboratories carrying out production control, or job descriptions designated responsible officials.
- Information on the qualifications of persons exercising control or its individual activities.
- Orders on the appointment of persons responsible for the management of production waste.
- Documents confirming the right to work with waste from the first to fourth hazard classes.
- Current agreements with enterprises involved in the placement, use or disposal of waste, as well as their licenses.
- Developed instructions on the procedure for waste management on the territory of the enterprise.
Goals and objectives of production control
Like any other activities in the field of waste management, production control has clear goals. Firstly, it is intended to require compliance with all requirements provided for by the legislation of the Russian Federation in this area, as well as waste generation standards. Secondly, during production control, compliance is monitored during economic activity enterprise principles of rational use of resources, as well as measures aimed at their restoration. Thirdly, production control during waste management involves the preparation and implementation of action plans in the field of protection environment, as well as prompt elimination of some causes emergency situations. And finally, production control is designed to monitor the completeness and reliability of information in the field of waste management, which is necessary to calculate fees for negative environmental impacts.
To achieve the above goals, the following tasks are set for production control in the field of waste management:
- checking compliance with legal requirements, conditions, and restrictions on the operation of the enterprise;
- monitoring compliance with regulatory values and environmental impact limits;
- warning potentially possible harm for the environment due to the activities of the enterprise;
- monitoring the implementation of instructions drawn up officials exercising state control in the field of ecology;
- checking the implementation of existing plans and activities aimed at reducing waste;
- providing information about the environmental management system organized at the enterprise.
Construction waste
Construction and demolition waste refers to various wastes generated during the construction of buildings, roads, utilities, during their reconstruction, demolition and disassembly (except for highly hazardous ones). They are usually divided into dimensional, if such waste with a volume of more than 2 m 3 can be loaded into a standard bunker, and oversized.
There is an extensive list of requirements stipulated by the procedure for handling construction and demolition waste in regulatory and industry documents.
| Collection and storage | The collection is carried out separately depending on the types, hazard classes, as well as other characteristics in order to ensure processing, the necessary neutralization, and also use as secondary raw materials. Places for temporary storage of construction waste must be equipped in such a way that the possibility of contamination of soil, air and waterways is excluded. They must be surrounded by a perimeter fence to prevent access by unauthorized persons. The maximum quantities of accumulated construction waste and their storage periods must comply with environmental requirements, Sanitary Regulations, and fire safety rules. In places designated for the storage of construction waste, loading and unloading mechanisms should be provided, with the help of which waste must be moved and loaded for removal from the construction site. |
| Transportation | Organizations and individuals whose activities generate construction garbage, must have agreements with waste recipients and carriers. You can transport and process them yourself if you have the necessary licenses. Waste removal should be carried out in such a way that eliminates the possibility of its loss, the creation of emergency situations or damage to the environment, people and other objects. |
| Disposal, neutralization, burial | Must be carried out taking into account modern available technologies as required by regulatory documents. For example, the choice of concrete, sand, crushed stone and broken bricks as insulation at solid waste disposal sites. If there are no enterprises or territories in the region for the removal of construction waste, then the procedure for handling construction waste provides for its disposal at solid waste disposal sites. All possible components of construction waste must be submitted for recycling |
Construction waste accounting
To reliably reflect the movement of construction waste, determine its volume and develop potential methods and ways of recycling, as well as compiling reports for government statistics, enterprises must keep records of construction waste.
The accounting procedure for waste management in the construction industry provides for:
- Primary accounting. Conducted at sites (construction sites) by waste owners. It is carried out by measuring and weighing, the data obtained is recorded in the accounting book.
- Unified accounting. Maintained in the general waste accounting book based on primary accounting.
- Waste inventory. Needed to determine the qualitative and quantitative characteristics of scrap. Carried out by officials appointed by the head of the enterprise.
Municipal waste
These include not only waste from private households (household waste), but also those generated in offices, shops, small factories, educational institutions and other municipal enterprises. Despite the fact that they have different origins and also differ somewhat in their properties, they are united by the fact that responsibility for the disposal of such waste rests with the municipal authorities.
In accordance with the lists of the federal classification catalog, these include:
- residential waste;
- street estimates;
- industrial waste that is similar to municipal waste;
- waste in the form of devices, equipment, products;
- processing waste Wastewater, formed during water treatment and water use;
According to the procedure for handling municipal solid waste, all of it is transported for disposal in municipal waste dumps, since it is not considered toxic. However, up to a third of annual precipitation seeps through waste disposed at landfills, and toxic substances formed during the decomposition of solid waste enter surface and/or groundwater. It has been proven that the filtrate contains pollutants such as phenol, thiocyanates, heavy metals, surfactants and others.
Medical waste
Medical waste includes a variety of garbage produced by any medical institutions, as well as waste generated during medical and preventive measures. Procedure for handling medical waste provided for by sanitary rules and regulations. It regulates:
- collection and temporary placement of harmful substances;
- various methods of neutralization (according to hazard classes);
- features of transportation to burial sites;
- possible types of processing and destruction.
This procedure is mandatory for compliance by all medical and preventive institutions, regardless of whether it is therapeutic, diagnostic or pharmacological. Control over its implementation is entrusted to the bodies responsible for the sanitary and epidemiological situation of the municipality.
Waste collection and removal
Any collection and removal of waste involves a list of technological operations:
- accumulation of garbage;
- transportation of filled containers;
- their unloading and cleaning;
- delivery of clean containers to the waste collection site.
According to the waste management procedure, the transportation system can be one-stage or two-stage. In the first case, waste is delivered to the disposal site directly from the points of its generation. At the same time, their removal is carried out mainly by medium- and light-duty garbage trucks. During two-stage transportation, intermediate waste collection points, or waste transfer stations, are used.
Both of these technological schemes have their advantages and disadvantages. Thus, one-stage transportation is less expensive from a financial point of view, but requires the construction of temporary roads and is accompanied by the removal of pollution by the wheels of garbage trucks.
Collection and disposal of solid and liquid household waste in accordance with sanitary and hygienic requirements is carried out according to a planned and regular system in accordance with approved schedules.
The frequency of disposal of household waste is established by the sanitary and epidemiological station, based on local conditions, in accordance with the rules for maintaining territories of populated areas.
At the facilities to be serviced, the necessary conditions must be created for waste collection and the operation of special vehicles. The operating mode of special vehicles is determined from the conditions of daily operation of the machines.
Household waste is removed according to route schedules, which provide for a sequential order of movement of special vehicles.
The procedure for collecting and disposing of municipal solid waste (MSW) is determined by local conditions. Basic solid waste collection and disposal systems:
A system of replaceable waste bins (containerized), solid waste is removed from household territories to disposal sites in stationary metal containers with a capacity of 0.75 m 3 using an M-30 garbage truck, and empty, clean containers are left in return. With the container system, containers are washed at unloading points without being removed from the machine;
A system of non-replaceable waste bins, solid waste from containers is reloaded into a garbage truck, and the containers themselves remain in place. Garbage trucks are used to operate this system. special equipment which provides mechanized loading of solid waste from stationary containers into the body of a garbage truck.
The accumulation of scrap metal and bulky waste (old furniture, construction waste generated during routine repairs, etc.) is carried out in removable storage bins.
Storage bins are placed in places where garbage or scrap metal is stored, and as it accumulates (garbage is stored directly in the bunker), special organizations, at the request of housing organizations, replace the bins with empty ones, and take the full ones to a landfill, where they are unloaded by dump truck.
The neutralization and processing of solid household waste is carried out by storing it in landfills (landfills) and by industrial methods at waste processing and incineration plants. Disposal of household waste in landfills is currently the main method of recycling. This is the simplest and cheapest method, but it requires annually new land areas of at least 0.5 hectares per 100 thousand.
residents. In the presence of free territories, favorable hydrogeological conditions and compliance with the rules of construction and operation, landfills will remain for a long time the main method of neutralizing solid household waste for many cities.To reduce the need for land plots and improve the sanitary condition of suburban areas, new designs of high-load landfills have been proposed, allowing the load per unit area to be increased to 10 -12 t/m2 and the storage height to 25 - 35 m.
Waste at such landfills is stored in layers of 0.2 - 0.3 m, with each layer compacted by bulldozers or special compactor rollers.
When the total height of the waste layer reaches 2 m, they are covered with an intermediate insulating layer of soil 0.25 m thick.
Storage is carried out using the card method, i.e. waste from garbage trucks is unloaded simultaneously not onto the entire area of the landfill, but only within the limits of the card allocated for a given day. The compacted layer is laid 2 m high and covered with an insulating layer. The slope angle is assumed to be 1:4. Thanks to this organization of work, the entire area of the landfill, with the exception of one map, is isolated, which creates good sanitary conditions at the landfill. Under the influence of the overlying layers, the waste is further compacted to 0.9 t/m 3 . The top insulating layer must be at least 1 m thick, of which 0.2 m is plant soil.
IN last years In our country, industrial methods of waste dehydration and recycling are used at special enterprises.
On December 23, 2014, the State Duma of the Russian Federation adopted in two readings the bill “On amendments to the Federal Law “On Production and Consumption Waste”, certain legislative acts of the Russian Federation and the recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation” . On December 25, the bill was approved by the Federation Council, and on December 29, the President of the Russian Federation signed Federal Law No. 458-FZ dated December 29, 2014 with the corresponding title (hereinafter referred to as Federal Law No. 458-FZ). This law makes significant changes to the legislation regulating waste management. The entry into force of many provisions was postponed until January 1, 2016, some provisions until 2017 and even until 2019. This article provides an overview of the main changes in legislation that have already entered into force and will enter into force in the near future. Since the changes are too extensive, we will dwell in detail only on the most relevant in our opinion. Some of the new legislation will require additional regulations, but we will briefly touch on these provisions as well.
The bill was submitted by the Government of the Russian Federation to the State Duma on July 21, 2011, and was adopted in the first reading on October 7 of the same year. It took more than three years for the law to be finally adopted. Initially, the goal of the bill was to create economic incentives for involving waste in economic circulation as secondary material resources, but in the process of working on the bill, the goals were expanded. Thus, the adopted Federal Law No. 458-FZ is intended to:
- increase the efficiency of regulation in the field of waste management;
- create new economic instruments for involving waste in economic circulation;
- create conditions for attracting investment in the field of municipal waste management.
Let's try to figure out what the essence of the changes in legislation provided for by Federal Law No. 458-FZ is.
First of all, changes have been made to the terminology used in the field of waste management. First of all, they touched upon Art. 1 of Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Waste” (hereinafter referred to as Federal Law No. 89-FZ).
A NEW DEFINITION OF WASTE
Formulation of the concept familiar to everyone "production and consumption waste" was changed (highlighted and underlined by the author):
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[…] - remains of raw materials, materials, semi-finished products, other products or products that formed in progress production or consumption, and goods (products) that have lost their consumer properties; |
production and consumption waste […] — substances or items, which educated in progress production, performance of work, provision of services or in progress consumption, which are deleted, intended for deletion or subject to deletion in accordance with this Federal Law; |
If previously waste (according to the wording of the previous edition of Federal Law No. 89-FZ) could be generated exclusively in the process production or consumption, and when goods and products lose their consumer properties, then waste can now also be generated when performing work And provision of services. Of course, this clarification is quite logical, and one can only wonder why it was made only now. True, the new wording excludes mention of goods that have lost their consumer properties, but legislators identified such waste (together with some other waste) as separate categories, which will be discussed below.
Taking a closer look at the new formulation, you can see that previously the concept "waste" was determined only from the point of view of the process education(appearance) of waste. Now, in addition to the actual description of the waste generation process, the wording includes a mention of removal appropriately formed substances and objects. At the same time, the second part of the new definition (if we consider it in the context of domestic legislation) raises many questions:
1. What in this case should be understood by deletion substances or objects? In Federal Law No. 89-FZ itself, the term “deletion” is not disclosed. The linguistic interpretation of this rule of law can lead us into a dead end, since in Russian there are many meanings of this word and different dictionaries give different interpretations the noun “removal” and, accordingly, the verbs “delete”/“delete”. In GOST R 53692-2009 “Resource conservation. Waste management. Stages of the waste technological cycle" (hereinafter - GOST R 53692-2009) (clause 3.1.26) there is the following definition: "waste removal is the last stage of the waste technological cycle, at which the decomposition, destruction and/or disposal of waste of classes I-IV is carried out dangers while ensuring environmental protection." However, we note that here we are talking it's already underway not about substances or subjects, and about waste, while disposal is considered as the last stage of the waste technological cycle.
2. For what purpose was the definition supplemented by reference to deletion waste? Was it meant that certain substances and objects, formed accordingly, may not be subject to removal and not to be intended for removing? If such substances and objects were formed during the activities of the enterprise, then in this case they should not be considered waste?
3. How can you determine whether a substance or item should be removed? Or did it mean that ALL appropriately formed substances and objects should be removed?
4. For what purpose is the reservation made? ...in accordance with this Federal Law"? Perhaps this is just an unnecessary mention (in addition to paragraph 2 of Article 2 of Federal Law No. 89-FZ) that the disposal of certain substances and objects may be regulated by relevant legislation? Or did it mean that the disposal of ordinary waste can occur in ways not specified in Federal Law No. 89-FZ, and in this case the substances or objects will not be considered waste?
In general, much in the new formulation seems incomprehensible. But specialists familiar with Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal(hereinafter referred to as the Basel Convention), when looking at this wording it immediately becomes obvious that it is a hybrid of the wording from the early edition of Federal Law No. 89-FZ and the wording of the Basel Convention: ““waste” are substances or objects that are disposed of, intended for deletion or are subject to deletion in accordance with the provisions of national law." But, firstly, the scope of the Basel Convention is quite specific - waste that is the object of transboundary transport, the transport of waste itself and its disposal. Secondly, the Basel Convention makes reference to How the term should be understood "waste removal"(a specific list of waste handling operations is provided). And if the reference to national legislation in the Basel Convention is clear (since in different countries legislation may vary), then tracing paper from it “...in accordance with this Federal Law” in the new wording of Federal Law No. 89-FZ looks somewhat strange.
It seems to us that the mechanical transfer of the provisions of the Basel Convention to Federal Law No. 89-FZ was not very successful. Let us assume that the resulting “hybrid” formulation and the absence of the concept "delete" in federal legislation will cause a lot of problems for enterprises in the future, especially given the new provisions of the legislation in the field of licensing (which will be discussed below). If removal is considered as the movement of substances or objects from the territory of the enterprise, this is one situation. If we consider removal and recycling within the same enterprise as disposal, the situation is different. And if disposal is considered to be operations with waste in accordance with GOST R 53692-2009 (destruction, decomposition or burial) - the third situation.
OTHER CHANGES IN WASTE MANAGEMENT TERMINOLOGY
1. Instead of the concept "waste use" the term has now been introduced "recycling" , and the definition of this concept is given precisely through the noun "usage"(highlighted and underlined by the author):
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Previous version of Federal Law No. 89-FZ (Article 1) |
New edition of Federal Law No. 89-FZ (Article 1) |
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waste use — use of waste for the production of goods (products), performance of work, provision of services or for energy production; |
recycling — usage waste for the production of goods (products), performance of work, provision of services, including waste reuse, including reuse of waste for its intended purpose ( recycling), their return to the production cycle after appropriate preparation ( regeneration), as well as the extraction of useful components for their reuse ( recovery); |
In one of the articles published in previous issues of the journal, we have already addressed the topic of the relationship between concepts "waste use" And "recycling" , keeping in mind the bill that preceded the appearance of Federal Law No. 458-FZ. Taking into account amendments to changes in legislation, this material largely remains relevant.
Let us recall that in the mentioned article we wrote that in the current practice, waste disposal could mean anything, including waste disposal; and even serious companies involved in waste management, when concluding contracts, often indicated waste disposal in their subject matter, although in fact it was about neutralization. Now the law has a definition of the term "recycling" . Therefore, we advise environmentalists of enterprises to be especially careful when concluding contracts and insist on the use of terms in accordance with the law.
It is important to note that waste disposal now also means recycling, And regeneration, And recovery. Let's return to this when discussing the issue of licensing.
2. An additional type has been added to the types of waste management - waste treatment .
According to the new provision of Federal Law No. 89-FZ (underlined by the author) waste treatment - preliminary waste preparation for further disposal, including their sorting, disassembly, cleaning.
Note that waste treatment (if it is carried out) is the stage preceding waste disposal in its new meaning. But can it be considered waste treatment, for example, sorting a batch of waste intended for disposal, from which 10-15% of waste suitable for further disposal (glass, metals, paper, cardboard, rubber, polyethylene) is selected? Indeed, in this case, sorting is essentially the preparation of waste for further disposal. Most likely, supervisory authorities will interpret sorting as waste treatment, especially since the extraction of useful components for their reuse is classified as waste disposal. On the other hand, now regulatory authorities will not be tempted to call sorting neutralization (which, of course, it is not). We also wrote about such curiosities at one time.
3. Concept « waste disposal" a new definition is given (highlighted and underlined by the author):
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Previous version of Federal Law No. 89-FZ (Article 1) |
New edition of Federal Law No. 89-FZ (Article 1) |
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waste disposal — waste treatment, including waste incineration and disinfection in specialized installations, in order to prevention harmful |
waste disposal — reducing the mass of waste, changing its composition, physical and chemical properties(including incineration and (or) disinfection in specialized installations) in order to reduction negative the impact of waste on human health and the environment; |
As in the previous edition of Federal Law No. 89-FZ, neutralization waste is characterized by its purpose . This is the main criterion when determining what should be considered waste disposal (we also pointed out this). Earlier in the formulation it was about preventionharmful impact, now - about decreasenegative impact.
Adjective replacement "harmful" on "negative", probably related to the provisions of Art. 4.1 of Federal Law No. 89-FZ, according to which “waste is divided depending on the degree of negative impact on the environment[…]into five hazard classes". That is, based on the criteria for reducing negative impacts (hazard classes) specified in Art. 4.1, it is possible to determine whether the reduction in waste mass or change in waste composition constitutes neutralization.
Noun replacement "prevention" on "decrease", apparently due to the fact that not always after carrying out the appropriate procedure (process), the resulting waste can be classified as practically non-hazardous waste(i.e. to class V). After all, if before the implementation of the process the waste belonged to hazard class I, and the output was another waste of hazard class III or IV, then negative impact waste was reduced (although not completely prevented). Of course, such a process is also neutralization. Therefore, we believe that the new formulation of the concept "waste disposal" more logical.
4. Definition of the term "waste storage" has also been corrected (highlighted and underlined by the author):
As before the term "accumulation of waste" , concept "waste storage" now revealed through a noun "warehousing". A new deadline has been established for waste storage - more than 11 months. Accumulation of waste until January 1, 2016, temporary storage of waste for a period of no more than 6 months will be considered, and from January 1, 2016- for a period of no more than 11 months. What type of waste management will include the storage of waste for a period of time? from 6 to 11 months in 2015? This question is on this moment remains open.
5. According to the new edition of Federal Law No. 89-FZ (highlighted and underlined by the author) waste management - activities related to collection, accumulation, transportation, processing, recycling, neutralization, disposal of waste.
6. The previous edition of Federal Law No. 89-FZ provided a definition of the concept "waste disposal facility" . Now the law has some clarification (emphasis added):
Definitions are given separately new concepts:
- waste disposal facilities — subsoil plots provided for use in the prescribed manner, underground structures for burial waste I-V hazard classes in accordance with the legislation of the Russian Federation on subsoil;
- waste storage facilities — specially equipped facilities that are equipped in accordance with the requirements of legislation in the field of environmental protection and legislation in the field of ensuring the sanitary and epidemiological well-being of the population and are intended for long-term storage of waste for the purpose of their subsequent disposal, neutralization, and burial.
7. Federal Law No. 89-FZ introduced the concept "waste disposal facilities" — “specially equipped facilities that are equipped in accordance with the requirements of legislation in the field of environmental protection and legislation in the field of ensuring the sanitary and epidemiological well-being of the population and are intended for waste disposal”.
CHANGES IN THE FIELD OF LICENSING WASTE MANAGEMENT ACTIVITIES
According to the amendments made to Art. 9 of Federal Law No. 89-FZ s July 1, 2015 will have the title “Licensing of activities for the collection, transportation, processing, disposal, neutralization, and disposal of waste of I-IV hazard classes.” From July 1, 2015 The contents of this article will also be changed (emphasis added by the author): "1. Licensing of activitiescollection, transportation, processing, recycling , neutralization and disposal of waste of I-IV hazard classes is carried out in accordance with the Federal Law of May 4, 2011 No. 99-FZ "On licensing of certain types of activities" taking into account the provisions of this Federal Law[…]» .
Federal Law No. 458-FZ also made corresponding changes to paragraph 30 of Part 1 of Art. 12 of the Federal Law of May 4, 2011 No. 99-FZ “On licensing of certain types of activities”, classifying them as licensed types of activities collection, transportation, processing, disposal, neutralization, disposal of waste of I-IV hazard classes. These changes come into force on July 1, 2015.
Thus, from July 1, 2015, all types of waste management activities, except for accumulation, must be licensed (accordingly, waste generation is also not subject to licensing).
What to do with previously issued licenses for waste disposal and disposal (including unlimited ones)? Federal Law No. 458-FZ gives an answer to this question that is stunning in its simplicity: “Licenses for activities for the neutralization and disposal of waste of hazard classes I-IV, issued before the date of entry into force of this Federal Law, are valid until June 30, 2015.”
Well, as they used to say in the old days: “Here’s St. George’s Day for you, grandma!” Today's grandmothers - to paraphrase a modern song - can only nervously smoke a pipe... Judge for yourself: not only did perpetual licenses suddenly become urgent (and enterprises that recently received licenses will be forced to start the licensing process anew in a few months), but You also need to obtain a license for all waste management operations (except for the generation and accumulation of waste - and thank you for that!).
For example, if at the enterprise during the production of the main products any substances and materials are formed (including defective products) that can be used (we deliberately do not say "disposed of") at the same enterprise (for example, re-included in the production process in the same workshop or sent to a neighboring workshop to produce another type of product), then our predicted position of the supervisory authorities will be that they will require the enterprise to have a license (and if In its absence, the company will face penalties). The same problem may arise when agreeing on draft standards for waste generation and limits on their disposal (hereinafter referred to as NRWR): Rosprirodnadzor authorities will require that the specified substances and materials be included in the waste nomenclature, and a license be attached to the draft NRWR...
Or another example: let’s say, in a large office building, where baskets are installed to accumulate office waste (if it is waste, it will be waste of hazard class IV), to minimize the cost of removing and burying waste in one of the premises (before moving the contents of the baskets into a common bunker transported to a solid waste landfill) glass, cardboard, metals, etc. are selected. You don’t have to be Cassandra to assume that if an inspection is carried out, Rosprirodnadzor will classify the process of selecting useful components as waste sorting (i.e., waste treatment), which will require an appropriate license.
Thus, many enterprises in the near future will be faced with a dilemma - either to obtain licenses to carry out waste disposal and/or treatment activities, or to prove (during inspections and in court proceedings) that certain substances and materials are not waste. As for the above examples, in the first case it will be necessary to prove that the substances and materials are a by-product (and/or raw material), and in the second - that the substances and materials, called office waste, become waste after glass, cardboard are collected from them , metals. Here it is not only the ambiguity of the term that can come to the rescue "delete" in relation to substances and materials, but also existing arbitration practice, in which the courts noted that individual entrepreneurs and legal entities have the right to independently determine which substances and materials generated as a result of their production activities fall under the definition of “production and consumption waste”.
BY THE WAY
In addition to Art. 1 of Federal Law No. 89-FZ, when making decisions and rulings, the judges referred to the corresponding position of the Russian Ministry of Natural Resources, set out in letter No. 12-47/94 dated January 10, 2013.
We believe that the introduced licensing of new (and “new old”) types of waste management activities - in relation to enterprises specializing in such types of activities - could theoretically contribute to streamlining and effective control in this area. But we fear that the desire to force a significant part of organizations that are de facto not involved in waste processing or disposal to go through the licensing procedure will create unnecessary administrative barriers, which, in a difficult economic situation, will clearly not contribute to economic growth in our country.
CHANGES TO WASTE OWNERSHIP PROVISIONS
Article 4 “Waste as an object of property rights” of Federal Law No. 89-FZ in the new edition has become extremely laconic: “The ownership of waste is determined in accordance with civil law”.
That's all! No more mentions that the ownership of waste belongs to the owner of raw materials, materials, semi-finished products, other products or products, as well as goods (products), as a result of the use of which this waste was generated. And most importantly, there is no longer a provision that the owner of waste of hazard class I-IV has the right to alienate this waste into the ownership of another person, transfer to him, while remaining the owner, the right to own, use or dispose of this waste, if such a person has a license to carry out activities on the use, neutralization, transportation, disposal of waste of no less hazard class. Let us recall that these conditions were provided for in the previous edition of this article.
It turns out that ownership of waste (including donation) can be transferred to any person, regardless of whether the latter has a license. Another thing is that when developing NLR projects, drawing up technical reports or reporting of small and medium-sized businesses (hereinafter referred to as SMEs), it will still be necessary to indicate the names of legal entities and individual entrepreneurs who will carry out further waste management operations (indicating the types of treatment with waste and license details).
Now waste- How one of the types of movable things- are the object of property rights. The grounds for the emergence and procedure for exercising the right of ownership are regulated by the Civil Code of the Russian Federation, which we recommend that all ecologists study (at least the provisions of the articles on the right of ownership of movable property). It would also be useful to study the chapters and articles on the types of contracts relating to movable property.
Here are excerpts from the Civil Code that may be useful to environmentalists:
Extraction
from the Civil Code of the Russian Federation
Article 136. Fruits, products and income
3. A similar situation will arise from January 1, 2016 in the area of submitting notification reports to SMEs. The procedure for submitting and monitoring reporting on the generation, recycling, neutralization, and disposal of waste (with the exception of statistical reporting) of small and medium-sized enterprises, in the course of economic and (or) other activities of which waste is generated at facilities subject to federal state environmental supervision, will be established by the authorized federal executive body; and on objects subject to regional state environmental supervision, - authorized executive authority of a constituent entity of the Russian Federation.
4. The wording on the possibility of suspending the activities of enterprises in cases of violation of the IOLR will be changed. If the previous edition dealt with the suspension of activities in the field of waste management (this provision has remained since the time when waste management included the generation of waste), then from January 1, 2016, this provision of Federal Law No. 89-FZ will be look like this (highlighted and underlined by the author): « In case of violation of waste generation standards and limits on their disposal economic and (or) other activities of individual entrepreneurs, legal entities, during which waste is generated, may be limited, suspended or terminated in the manner established by the legislation of the Russian Federation."
CHANGES IN THE FIELD OF WASTE Certification
Changes will be made to Art. 14 “Requirements for waste management I-V classes dangers" of Federal Law No. 89-FZ:
1. From January 1, 2016 enterprises whose activities generate waste of I-V hazard classes and will be required to carry out assignment of waste to a specific hazard class for confirmation such classification in the manner established by the authorized federal executive body (the same body will carry out the confirmation of the classification of waste of hazard classes I-V to a specific hazard class). This, as they say, is “bad news” (let us remind you that currently the procedure for classifying waste into hazard classes I-IV is still in effect, and for waste of class V, the need to classify waste into hazard classes, as a rule, arises only when developing a NRW project) .
2. The "good news" is that from January 1, 2016, confirmation of assignment to a specific hazard class of waste included in the federal waste classification catalogue, will not be required . We note with sadness that legislators did not take pity on ordinary environmentalists and did not provide for a faster entry into force of this norm.
CHANGES IN THE AREA OF ENVIRONMENTAL IMPACT FEES AND ECONOMIC INCENTIVES
Federal Law No. 458-FZ also amended Art. 23 “Payment for negative impact on the environment when disposing of waste” of Federal Law No. 89-FZ. January 1, 2016 The following important provisions come into force:
1. Payment for negative impact on the environment (hereinafter referred to as NVOS) when placing waste (excluding MSW) carried out by individual entrepreneurs, legal entities, in the process of carrying out economic and (or) other activities waste is generated.
2. Fee payers for NVOS when placing MSW are operators for handling MSW, regional operators carrying out activities for their placement.
Thus, many years of disputes (including disputes in high courts) about whether enterprises should pay a fee for NWOS when disposing of waste, as well as who exactly should pay this fee, will now sink into oblivion. The ambiguity of legal norms will be eliminated: ownership of waste, whether it is transmitted or not transmitted, will have nothing to do with the payment for the NVOS.
Speaking about the payment for NVOS when placing MSW, we note one more new normal Federal Law No. 89-FZ (comes into force on January 1, 2016): “The cost of payment for the negative impact on the environment when disposing of municipal solid waste is taken into account when setting tariffs for the operator for handling solid waste.communalwaste, the regional operator in the manner established by the principles of pricing in the field of solid waste managementcommunalwaste". This norm applies not only to environmentalists, but to all citizens. Since these expenses will likely be included in utility bills, the total amount of utility bills will have to increase. Ideally, this should become an incentive to reduce waste generation on the part of users of residential premises - both directly (every resident should strive to reduce waste generation, and return secondary resources to recycling collection points), and by influencing management companies (voluntary or forced organization of separate waste collection).
Federal Law No. 458-FZ amended the provisions of the Federal Law of July 21, 2014 No. 219-FZ “On Amendments to the Federal Law “On Environmental Protection” and certain legislative acts of the Russian Federation” on the application of reducing coefficients to payment rates for NVOS(changes will take effect January 1, 2016). Thus, in order to encourage legal entities and individual entrepreneurs engaged in economic and (or) other activities to take measures to reduce the waste pollution when calculating the charge for waste disposal, the following coefficients will be applied to the rates of such payment:
- coefficient 0 - when placing hazard class V waste from the mining industry by filling artificially created cavities in rocks during land and soil reclamation;
- coefficient 0.5 - when disposing of waste of hazard classes IV, V, generated during the disposal of previously disposed waste from the processing and mining industries;
- coefficient 0.67 - when disposing of hazard class III waste generated during the neutralization of hazard class II waste;
- coefficient 0.49 - when disposing of hazard class IV waste generated during the neutralization of hazard class III waste;
- coefficient 0.33 - when disposing of hazard class IV waste generated during the neutralization of hazard class II waste.
January 1, 2016 The provision of Federal Law No. 89-FZ comes into force stating that in the production of packaging, finished goods (products), after the loss of consumer properties which form waste which are presented biodegradable materials(the list will be established by the Government of the Russian Federation), may be applied various economic stimulus measures.
CHANGES IN PROFESSIONAL TRAINING REQUIREMENTS
The need to amend Art. 15 “Requirements for professional training of persons authorized to handle waste of I-IV hazard classes” of Federal Law No. 89-FZ, many provisions of which (especially after the entry into force of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”) Federations”) have turned into a certain kind of atavism (suffice it to say that the concept of “professional training” is not in the latest Federal Law), and is long overdue. Nevertheless, legislators, keen on developing new large-scale concepts, the first two paragraphs of Art. 15 was not touched at all, but paragraph 3 was supplemented with the following content: "3. The procedure for professional training of persons authorized to collect, transport, process, dispose of, neutralize, and dispose of waste of hazard classes I-IV, and the requirements for its implementation are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education , in agreement with the federal executive body that carries out state regulation in the field of environmental protection". This provision comes into effect on July 1, 2015, and we are very interested to see how it is implemented.
ABOUT SOME PROHIBITIONS
Earlier we talked about the “carrots” provided for in the new legislation. Now let’s say a few words about the new prohibitions (“whips”) in Federal Law No. 89-FZ:
- from January 1, 2016 in Art. 11 a ban will be introduced on the commissioning of buildings, structures and other facilities that are not equipped with technical means and technologies for the neutralization and safe disposal of waste;
- from January 1, 2016 in Art. 12 is entered ban on the use of MSW for land and quarry reclamation;
- from January 1, 2017 in accordance with the new edition of Art. 12 disposal of waste containing useful components that must be disposed of will be prohibited. The list of types of waste that contain useful components prohibited for disposal will be established by the Government of the Russian Federation. It is not yet known whether previously issued documents approving the NPLR will be cancelled, if these limits allowed for the disposal of useful components.
CONCLUSION
In the article we tried to dwell on the most important, in our opinion, innovations in legislation in the field of waste management. Some of them were touched upon to a greater extent, others were only outlined. The scope of a journal article, especially one written literally “hot on the heels” of the adopted Federal Law No. 458-FZ, does not allow us to talk in too much detail about large-scale changes in the field of waste management. It seems to us that today there are more questions about this legal act than there are answers in it. We are confident that on the pages of the “Ecologist's Handbook” the authors of articles will more than once turn to the analysis of Federal Law No. 458-FZ. Much will become clearer in the process of practical implementation of the provisions of this document, incl. as appropriate by-laws are adopted.
In this regard, I would like to draw your attention to the portal http://regulation.gov.ru, where drafts of all regulations are published and where everyone can take part in official public discussion. Immediately after the adoption of Federal Law No. 458, drafts of several by-laws appeared on this portal. We believe that active participation of the environmental community in formal discussions can help develop optimal versions of regulations.
For example, according to the Great explanatory dictionary Russian language ed. S.A. Kuznetsova (St. Petersburg: Norint, 2009) “remove” - 1) move to a further distance, move away; 2) remove, take out, take out, etc. smb. superfluous, unnecessary, interfering; 3) eliminate somehow. method (remove, cut, tear out, etc.); 4) make the impact less noticeable, influence of something.; completely get rid of something influence, impact, etc.
We are talking about emissions of harmful substances into the atmosphere, discharges of harmful substances into water bodies, substances that destroy the ozone layer, radioactive waste, biological waste, and medical waste.
We mean the new Guidelines for the development of draft waste generation standards and limits on their disposal, approved by Order of the Russian Ministry of Natural Resources dated August 5, 2014 No. 349. For more details, see: Prokhorov I.O. New guidelines on the development of PNOLR: comments and reflections // Ecologist's Handbook. 2014. No. 12. P. 9-25.
It seems to us that if this news was first heard at a meeting of ecologists, there should have been a pause after it, followed by loud and prolonged applause... After all, what Rosprirodnadzor “arranged” after August 1, 2014 with the confirmation of classes The dangers of waste - with the release of numerous explanatory letters and especially with the introduction of the so-called “Waste Certification Portal” - will be remembered by environmentalists for a long time.
49. Management of production and consumption waste.
Federal Law “On Environmental Protection” Article 51. Requirements in the field of environmental protection when handling production and consumption waste
1. Production and consumption waste, including radioactive waste, is subject to collection, use, neutralization, transportation, storage and burial, the conditions and methods of which must be safe for the environment and regulated by the legislation of the Russian Federation.
2. It is prohibited:
discharge of production and consumption waste, including radioactive waste, into surface and underground water bodies, into drainage areas, into the subsoil and onto the soil;
placement of hazardous waste and radioactive waste in areas adjacent to urban and rural settlements, in forest parks, resorts, medical and recreational areas, on animal migration routes, near spawning grounds and in other places where a danger to the environment may be created, natural ecological systems and human health;
burial of hazardous waste and radioactive waste in catchment areas of underground water bodies used as sources of water supply, for balneological purposes, for the extraction of valuable mineral resources;
import of hazardous waste into the Russian Federation for the purpose of its burial and neutralization;
import of radioactive waste into the Russian Federation for the purposes of their storage, processing or disposal, except for cases established by this Federal Law and the Federal Law “On the Management of Radioactive Waste and on Amendments to Certain Legislative Acts of the Russian Federation”;
burial in production and consumption waste disposal facilities of products that have lost their consumer properties and contain ozone-depleting substances, without recovery of these substances from these products in order to restore them for further recycling (recycling) or destruction.
Waste production- these are the remains of raw materials, materials, substances, products, items formed during the production of products, performance of work (services) and which have lost completely or partially their original consumer properties. For example: metal shavings, sawdust, paper scraps, etc. Industrial waste also includes associated substances generated during the production process that are not used in this production. For example: solids captured during the treatment of process off-gases or wastewater. Along with production waste industrial enterprises Consumer waste is also generated, which includes mainly solid, powdery and pasty waste (garbage, cullet, scrap, waste paper, food waste, rags, etc.) generated as a result of the life activities of enterprise employees.
Industrial and consumer waste not only requires significant storage space, but also pollutes the atmosphere, territory, surface and ground waters with harmful substances, dust, and gaseous emissions. In this regard, the activities of the resource user should be aimed at reducing the volume (mass) of waste generation, introducing low-waste technologies, converting waste into secondary raw materials or obtaining any products from them, minimizing the generation of waste that cannot be further processed, and disposal them in accordance with current legislation. In accordance with Article 11 of the Federal Law “On Production and Consumption Waste,” individual entrepreneurs and legal entities, when operating enterprises, buildings, structures, structures and other facilities related to waste management, are obliged to:
comply with environmental requirements established by the legislation of the Russian Federation in the field of environmental protection;
develop draft standards for waste generation and limits on waste disposal in order to reduce the amount of waste generation;
introduce low-waste technologies based on scientific and technical achievements;
carry out an inventory of waste and its disposal facilities;
monitor the state of the natural environment in the territories of waste disposal sites;
provide, in the prescribed manner, the necessary information in the field of waste management;
comply with the requirements for preventing accidents related to waste management and take urgent measures to eliminate them;
in the event of the occurrence or threat of accidents related to waste management that cause or may cause damage to the natural environment, health or property of individuals and legal entities, immediately inform the specially authorized federal executive authorities in the field of waste management, executive authorities subjects of the Russian Federation, local governments.
In accordance with Article 14 of the Federal Law “On Production and Consumption Waste”, individual entrepreneurs and legal entities whose activities generate waste are required to confirm that the waste is assigned to a specific hazard class. A passport must be drawn up for hazardous waste, which is a document certifying that the waste belongs to the waste of the corresponding type and hazard class, and also containing information about its composition.
Article 9 of the federal law “On Production and Consumption Waste” prescribes that hazardous waste management activities are subject to licensing. The procedure for licensing hazardous waste management activities is determined by the Government of the Russian Federation.
In accordance with Article 19 of the Federal Law “On Environmental Protection”, individual entrepreneurs and legal entities operating in the field of waste management are required to keep, in accordance with the established procedure, records of generated, used, neutralized, transferred to other persons or received from other persons, as well as disposed waste. Statistical accounting in the field of waste management is carried out in the form 2tp - (toxic waste) (see explanation below).
Failure to comply or improper compliance with the legislation of the Russian Federation in the field of waste management by officials and citizens entails disciplinary, administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.
In the absence of a technical or other opportunity to ensure safety for the environment and human health, hazardous waste management activities may be limited or prohibited in accordance with the procedure established by the legislation of the Russian Federation.
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