Construction, reconstruction of objects of accumulation, processing, disposal, neutralization, disposal of solid municipal waste are carried out in accordance with investment programs. This is established by Article 24.13 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste”.

What is municipal solid waste

Municipal solid waste (MSW) is waste generated in residential premises in the process of consumption by individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs.

Municipal solid waste also includes waste generated in the course of activities legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.

That is, municipal solid waste includes food and vegetable waste, synthetic waste (glass, plastic, cellulose, textiles, polyethylene, etc.).

Investment program: what is it?

The investment program is developed on the basis of the territorial scheme in the field of waste management.

The investment program is approved authorized body executive power of the subject Russian Federation

The investment program must contain, in particular:

• planned and actual values performance indicators of facilities used for processing, neutralization and disposal of municipal solid waste;
• a list of measures for the construction of new, reconstruction of existing facilities for the processing, neutralization, disposal of solid municipal waste;
• the volume of financial requirements necessary for the implementation of the investment program, indicating the sources of financing;
• schedule for the implementation of investment program activities;
• preliminary calculation of tariffs in the field of solid municipal waste management.

Decree of the Government of the Russian Federation of May 16, 2016 No. 424 approved the procedure for developing, coordinating, approving and adjusting investment and production programs in the field of solid municipal waste management.

This order contains the following rules that determine the basics state regulation tariffs in the field of MSW treatment:

• the procedure for developing, coordinating, approving and adjusting investment programs in the field of MSW management;
• the procedure for developing, coordinating, approving and adjusting production programs in the field of MSW management;
• the procedure for determining the planned and actual values ​​of the performance indicators of facilities used for the processing, neutralization and disposal of MSW.

Thus, by Decree of the Government of the Russian Federation of July 12, 2018 No. 815, amendments were made to this procedure for approving investment programs.

Investment program activities are divided into the following groups:

• in terms of accumulation of municipal solid waste;
• regarding the treatment of municipal solid waste;
• regarding the disposal of municipal solid waste;
• in terms of disposal of solid municipal waste;
• in terms of storage of municipal solid waste;
• regarding the disposal of municipal solid waste.

About the regional operator for the treatment of MSW

A regional operator is a legal entity that has the right to conclude contracts for the provision of services with the owners of municipal solid waste that is generated and the collection points of which are located in the area of ​​activity of the regional operator.

Investment programs are approved for municipal solid waste management operators carrying out regulated activities in the field of municipal solid waste management.

The regulated activities in the field of MSW management include:

• processing of municipal solid waste;
• disposal of solid municipal waste;
• disposal of solid municipal waste;
• provision of services for the treatment of municipal solid waste by a regional operator.

The regional operator is empowered to conclude a contract for the provision of municipal solid waste management services and is responsible for the provision of municipal services for the management of MSW.

Judge "NA" E.V. Chimidova

Decree of the Government of the Russian Federation
No. 815 of 07/12/2018

ON INTRODUCING AMENDMENTS TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF MAY 16, 2016 N 424

The Government of the Russian Federation decides:

Approve the attached changes that are being made to Decree of the Government of the Russian Federation of May 16, 2016 N 424 "On approval of the procedure for developing, coordinating, approving and adjusting investment and production programs in the field of municipal solid waste management, including the procedure for determining planned and actual values ​​of performance indicators of facilities used for processing, neutralization and disposal of municipal solid waste" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2016, N 21, art. 3020).

Approved
Government Decree
Russian Federation
dated July 12, 2018 N 815

CHANGES,
WHICH ARE INTRODUCED TO THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF MAY 16, 2016 N 424

1. In the name:

3) the words "and the disposal of solid municipal waste" shall be replaced by the words "the disposal of solid municipal waste, as well as monitoring the implementation of investment and production programs."

2. In the second paragraph:

3. In the third paragraph:

1) the word "agreement," shall be excluded;

2) add the words "as well as control over their implementation".

4. In the fourth paragraph, the words "used for" shall be deleted.

5. In the Rules for the development, coordination, approval and adjustment of investment programs in the field of municipal solid waste management, approved by the specified resolution:

1) in the name:

the word "consent," shall be deleted;

2) paragraphs 1 and 2 shall be stated as follows:

"1. These Rules establish the procedure for the development, approval and adjustment of investment programs in the field of municipal solid waste management (hereinafter referred to as investment programs), the requirements for the content of investment programs and the procedure for considering disagreements upon their approval, as well as the procedure for monitoring their implementation.

Investment programs are approved for municipal solid waste management operators that carry out regulated activities in the field of municipal solid waste management and carry out the construction, reconstruction of facilities for the processing, neutralization, disposal of solid municipal waste (hereinafter referred to as the regulated organization), legal entities and individual entrepreneurs, not carrying out regulated activities in the field of solid municipal waste management and carrying out construction, reconstruction of objects of accumulation, processing, disposal, neutralization, disposal of solid municipal waste (hereinafter - objects), including in accordance with a concession agreement, an agreement on public-private partnership, municipal-private partnership, investment agreement (hereinafter - non-regulated organization).

2. A draft investment program is developed by a regulated organization and a non-regulated organization.

The investment program is approved by the authorized executive body of the subject of the Russian Federation (hereinafter referred to as the authorized body).

If the funds taken into account when setting tariffs for the treatment of municipal solid waste are indicated as a source of financing for the investment program, and the investment program is approved by the authorized body, whose powers do not include the establishment of regulated tariffs, then in this case the investment program is approved taking into account the conclusion on the availability or unavailability of the tariffs of the organization for consumers of the executive authority of the constituent entity of the Russian Federation in the field of state regulation of tariffs or the local government in the event that the relevant powers in the field of state regulation of tariffs are transferred to it by the law of the constituent entity of the Russian Federation.

3) in paragraph 3:

the words "and (or) modernization" shall be deleted;

after the words "by a regulated organization" add the words "or by a non-regulated organization";

words " investment agreements and/or government contracts"replace with the words "an agreement on public-private partnership, municipal-private partnership, investment agreement";

4) clause 4 shall be stated in the following wording:

"4. The investment program is developed for a period determined by a regulated organization or a non-regulated organization. For a regulated organization, the validity period of the investment program cannot be less than the validity period of the tariffs of the regulated organization.";

5) in paragraph 5:

in subparagraph "a":

the fourth paragraph after the word "objects" shall be supplemented with the words "treatment, neutralization, burial of municipal solid waste";

in subparagraph "b":

the second paragraph after the word "regulated" shall be supplemented with the words "or unregulated";

in the fourth paragraph, the words "and modernized" shall be deleted;

subparagraph "d" after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

6) add paragraphs 5(1) and 5(2) as follows:

"5(1). The investment program of a regulated organization or a non-regulated organization operating under a concession agreement, the object of which is facilities where the accumulation, processing, disposal, neutralization, disposal of municipal solid waste is carried out, additionally contains information on the amount of expenses, financed at the expense of the grantor's funds, for the creation and (or) reconstruction of the object of the concession agreement, expenses for the use (operation) of the specified object, for the provision of state or municipal guarantees to the concessionaire, the amount of expenses incurred by the grantor, the amount of the grantor's fee under the concession agreement for each year term of the concession agreement.

5(2). The volume of financial requirements for the implementation of the investment program includes all costs associated with the implementation of the measures of the investment program, including the costs of creating and (or) reconstructing the object of the concession agreement, which are supposed to be carried out during the entire period of the concession agreement by the concessionaire.";

7) clause 6 shall be stated in the following wording:

"6. Measures of the investment program are divided into the following groups:

a) measures of the investment program in terms of the accumulation of municipal solid waste;

b) measures of the investment program regarding the treatment of municipal solid waste;

c) measures of the investment program regarding the disposal of municipal solid waste;

d) measures of the investment program in terms of neutralization of municipal solid waste;

e) measures of the investment program in terms of storage of municipal solid waste;

f) activities of the investment program in terms of disposal of solid municipal waste.";

8) add paragraph 6(1) as follows:

"6(1). In case of implementation of the measures provided for in subparagraphs "a", "c" and "e" of paragraph 6 of these Rules, the investment program must contain a separate financial plan, provided for by subparagraph "d" of paragraph 5 of these Rules, while the investment program does not include a preliminary calculation of tariffs in the field of solid municipal waste management in relation to such events. ";

9) in paragraph 7:

after the word "object" add the words "treatment, neutralization, disposal of solid municipal waste";

"Expenses for the implementation of measures of the investment program are accounted for each type of activity separately.";

10) in paragraph 9:

11) in the third paragraph of subparagraph "c" of paragraph 10 the words "or modernization" shall be excluded;

12) supplement paragraph 10(1) with the following content:

"10(1). Subparagraph "a" of paragraph 10 of these Rules does not apply when implementing the measures provided for by subparagraphs "a", "c" and "e" of paragraph 6 of these Rules.";

13) in the title of section III:

14) Item 11 after the words "Regulated organization" shall be supplemented with the words "or non-regulated organization";

15) add paragraphs 11(1) - 11(4) with the following content:

"11(1). In the case specified in paragraph three of clause 2 of these Rules, a regulated organization or a non-regulated organization sends the developed draft investment program for consideration to the executive authority of the constituent entity of the Russian Federation in the field of state regulation of tariffs or to the body (bodies) of local self-government in case of transferring to him the relevant powers in the field of state regulation of tariffs by the law of the subject of the Russian Federation, within the boundaries of the municipal formation (municipalities) of which (which) objects are located or are planned to be located (hereinafter referred to as the regulatory body), until July 15 of the year preceding the first year of the investment programs.

In the case specified in paragraph 3 of clause 2 of these Rules, a regulated organization or a non-regulated organization engaged in the construction, reconstruction of objects of accumulation, processing, disposal, neutralization, storage, disposal of solid municipal waste, sends the developed draft investment program to the regulatory authority within 30 working days. days from the date of receipt of a permit for the construction of such an object, and in the case of construction and reconstruction in accordance with a concession agreement, an agreement on public-private partnership, municipal-private partnership, an investment agreement, sends the developed draft investment program to the regulatory authority within 30 working days from the date of conclusion of such agreements or investment agreement.

The regulatory body, within 20 working days from the date of submission of the draft investment program in accordance with paragraphs one and two of this paragraph, assesses the affordability of tariffs of a regulated organization or an unregulated organization for consumers by comparing the forecast growth rate of citizens' fees for utilities, due to the consideration when setting tariffs in the area of ​​solid municipal waste management expenses for the implementation of the investment program of the organization, with restrictions on the payment of citizens for utilities established in accordance with the requirements Housing Code Russian Federation.

At the same time, the tariff of a regulated organization or an unregulated organization that is a concessionaire cannot be recognized as unaffordable for consumers if this leads to the concessionaire's default on the construction and (or) reconstruction of the object of the concession agreement.

Based on the results of assessing the availability of tariffs of a regulated organization or a non-regulated organization for consumers, the regulatory body sends a conclusion to the regulated organization or non-regulated organization, respectively, on the availability or unavailability of the organization's tariffs for consumers.

11(2). A regulated organization or a non-regulated organization is obliged, within 7 working days after receiving a conclusion on the unaffordability of the organization’s tariffs for consumers, to finalize the draft investment program and send it for reconsideration to the regulatory body or send the protocol of disagreements to the draft investment program signed by the regulated organization or unregulated organization.

The regulatory body, no later than 7 working days from the date of receipt of the protocol of disagreements to the draft investment program, is obliged to consider it, sign it and send it to the regulated organization or non-regulated organization.

A regulated organization or a non-regulated organization, within 3 working days from the date of receipt from the regulatory body of the specified protocol of disagreements, is obliged to send the draft investment program with the protocol of disagreements to the draft investment program to the authorized body.

If a regulated organization or a non-regulated organization does not receive a protocol of disagreements to the draft investment program, signed by the head (deputy head) of the regulatory body, within the time period established by paragraph two of this paragraph, the protocol of disagreements to the draft investment program is considered agreed and the draft investment program is sent to the authorized body with protocol of disagreements to the draft investment program without the signature of the head (deputy head) of the regulatory body.

11(3). The regulatory body is obliged to consider the revised draft investment program and send to the regulated organization or non-regulated organization a conclusion on the availability or unavailability of the organization's tariffs for consumers within 7 working days from the date of submission of the draft investment program for re-approval.

11(4). In case of re-sending a conclusion on the unavailability of the organization's tariffs for consumers, further consideration of the draft investment program is carried out in the manner prescribed by paragraphs 11 (1) - 11 (3) of these Rules.

16) paragraphs 12 and 13 shall be stated as follows:

"12. A regulated organization or a non-regulated organization, within 3 working days from the date of receipt of the conclusion of the regulatory body on the availability of the organization's tariffs for consumers, is obliged to send, together with the said conclusion, a draft investment program to the authorized body.

13. The authorized body considers the draft investment program, the conclusion of the regulatory body on the availability or inaccessibility of the organization's tariffs for consumers and the protocol of disagreements to the draft investment program (if any) within 20 working days from the date of their receipt.";

17) Paragraph 14 shall be supplemented with subparagraph "d" of the following content:

"d) checking the availability of tariffs of a regulated organization or a non-regulated organization for consumers, taking into account the opinion of the regulatory body on the availability or inaccessibility of the organization's tariffs for consumers.";

18) in paragraph 16:

the first paragraph after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

the second paragraph after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

add the following paragraph:

"The presence of the conclusion of the regulatory body on the unavailability of the organization's tariffs for consumers is the basis for refusing to approve the draft investment program by the authorized body.";

19) the first paragraph of clause 17 after the words "Regulated organization" shall be supplemented with the words "or non-regulated organization";

20) Item 18 after the words "by a regulated organization" shall be supplemented with the words "or by a non-regulated organization";

21) paragraph 19 shall be stated as follows:

"19. The authorized body approves the investment program until October 30 of the year preceding the start of the implementation of the investment program. These provisions do not apply to a regulated organization or an unregulated organization engaged in the construction, reconstruction of objects of accumulation, processing, disposal, neutralization, disposal of municipal solid waste, in including in accordance with the concession agreement, agreement on public-private partnership, municipal-private partnership, investment agreement, investment programs of which are approved by the authorized body within 20 working days from the date of their submission to the authorized body in accordance with paragraph 12 of these Rules. ;

22) supplement paragraph 20(1) with the following content:

"20(1). Control over the implementation of the investment program shall be exercised through the submission by a regulated organization or a non-regulated organization of annual reports on the implementation of the investment program.

The procedure and form of reporting on the implementation of the investment program are determined by the authorized body.";

23) clause 21 shall be stated as follows:

"21. In order to adjust the investment program, a regulated organization or a non-regulated organization submits to the authorized body a draft of changes that are made to the investment program and must contain proposals for the inclusion (exclusion) of the investment program activities in the investment program, the postponement of their implementation, information on changes in volumes financing the activities of the investment program, as well as materials and documents justifying the need to adjust the investment program, having previously received, in the case specified in paragraph three of paragraph 2 of these Rules, the conclusion of the regulatory body on the availability or inaccessibility of the organization's tariffs for consumers in the manner provided for in paragraphs 11(1 ) - 11(3) of these Rules.";

24) Item 22 after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

25) Item 23 after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

26) clause 24 shall be stated as follows:

"24. If a regulated organization or a non-regulated organization concludes a concession agreement when the investment program is changed, the volume of investments that the concessionaire undertakes to attract to finance the investment program is subject to change only if the volume of investment is changed in accordance with the terms of the concession agreement.";

27) Item 25 after the words "Regulated organization" shall be supplemented with the words "or non-regulated organization";

28) add paragraphs 25(1) and 25(2) as follows:

"25(1). An investment program approved in respect of a non-regulated entity is subject to change in accordance with section III of these Rules if the non-regulated organization has started to carry out regulated activities. At the same time, the conditions that were provided earlier should not worsen.

25(2). The decision to amend the investment program is subject to official publication in the manner prescribed for the official publication of acts of state authorities of the constituent entities of the Russian Federation. Notification of changes to the investment program is sent by the authorized body to the regulatory body within 5 working days from the date of the decision of the authorized body to make changes to the investment program.

The change in the costs of the regulated organization, which arose in connection with the adoption of this decision, is taken into account when setting (adjusting) tariffs in the manner established by the Fundamentals of Pricing in the field of municipal solid waste management, approved by Decree of the Government of the Russian Federation dated May 30, 2016 N 484 "On pricing in the field of solid municipal waste management".";

29) Item 29 after the words "regulated organizations" shall be supplemented with the words "or non-regulated organizations";

30) clause 30 after the words "Regulated organization" shall be supplemented with the words "or non-regulated organization";

31) Item 31 after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

32) Item 33 after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

33) Item 35 after the words "regulated organization" shall be supplemented with the words "or non-regulated organization";

34) Item 37 after the words "regulated organization" shall be supplemented with the words "or non-regulated organization".

6. In the Rules for the development, coordination, approval and adjustment of production programs in the field of municipal solid waste management, approved by the specified resolution:

1) in the name:

the word "consent," shall be deleted;

add the words "as well as control over their implementation";

2) paragraph 1 shall be stated in the following wording:

"1. These Rules establish the procedure for developing, approving and adjusting production programs in the field of municipal solid waste management (hereinafter referred to as production programs) of municipal solid waste management operators carrying out regulated types of municipal solid waste management activities (hereinafter referred to as regulated organizations ), requirements for the content of production programs, the procedure for considering disagreements when they are approved, as well as the procedure for monitoring their implementation.

3) in paragraph 4:

the words "used for" shall be deleted;

the words "in the state of" shall be replaced by the words "in the state of";

the words "and modernization" shall be deleted;

4) in subparagraph "c" of paragraph 5 the word "placed" shall be replaced by the word "buried";

5) in the title of section III:

the word ", agreement" shall be deleted;

add the words "as well as control over its implementation";

6) in clause 8 the word "May" shall be replaced by the word "September";

7) add paragraph 17(1) with the following content:

"17(1). Control over the implementation of the production program shall be carried out through annual reporting by the regulated entity on the implementation of the production program.

The procedure and form of reporting on the implementation of the production program are determined by the authorized body.".

7. In the Rules for determining the planned and actual values ​​​​of the performance indicators of facilities used for the processing, neutralization and disposal of municipal solid waste, approved by the specified resolution:

1) in the name of the word "used for" to exclude;

2) in paragraph 1 the words "used for" shall be deleted;

3) in paragraph 3:

in the first paragraph:

the words "used for" shall be deleted;

the word "waste," shall be replaced by the word "waste";

in subparagraph "b" the words "used for" shall be deleted;

4) in paragraph 4:

the words "used for" shall be deleted;

the word "is" shall be replaced by the word "is";

5) in paragraph 5:

in the first paragraph:

the words "used for" shall be deleted;

the word "waste," shall be replaced by the word "waste";

in subparagraph "b" the words "used for" shall be deleted;

6) in paragraph 6:

in subparagraph "b":

the words "used for" shall be deleted;

the words "used for" shall be deleted;

in subparagraph "e" the words "investment agreements and (or) state contracts" shall be replaced by the words "agreement on public-private partnership, municipal-private partnership, investment agreement";

7) in paragraph 10, the word "modernization" shall be deleted;

8) in the first paragraph of clause 14:

the word "waste," shall be replaced by the word "waste";

9) in paragraph 15:

in the first paragraph:

the words "used for" shall be deleted;

the word "waste," shall be replaced by the word "waste";

in the fourth paragraph, the words "used for" shall be deleted;

in paragraph six:

the words "used for" shall be deleted;

the word "waste," shall be replaced by the word "waste";

10) in the fifth paragraph of clause 16 the words "used for" shall be excluded;

11) in paragraph 18:

in the first paragraph, the words "used for" shall be deleted;

in the eighth paragraph, the words "used for" shall be deleted.

Chairman of the Government of the Russian Federation D. MEDVEDEV

Approved by the Order of the State Construction Committee of October 18, 2013 N 382/GS

I. General provisions
1. Real Guidelines establish recommendations on the composition, development and approval of programs in the field of waste management (hereinafter - the program) of municipalities (hereinafter - MO) and are intended for use by local governments in the development, approval and implementation of programs.

These Guidelines are intended for local self-government bodies of the Moscow Region, having the status of settlements and urban districts, and in terms of resolving issues of processing and disposal of household waste and other issues related to issues of local importance of a municipal district, also for local self-government bodies of the Moscow Region, having the status of a municipal district .

II. Development and approval of the program
2. The program is approved by the representative body of the Ministry of Defense on the basis of territorial planning documents.

3. The development of the program can be organized:

a) local self-government bodies independently at the expense of the budget of the Ministry of Defense;

b) by local governments with the involvement of a developer at the expense of the budget of the Moscow Region;

c) local governments with the involvement of municipal unitary enterprises, other organizations communal complex, resource supplying organizations, management companies, sales organizations, commercial organizations operating in the territory of the Moscow Region, as well as any legal and (or) individuals funding the development of part or all of the program.

4. Regardless of the sources of financing for the development of the program, it is recommended that local governments organize interaction between the executors for the development of the program and representatives of organizations of the communal complex, resource supply organizations, management companies, producers of production waste, organizations operating facilities used for the disposal, neutralization and disposal of production waste and other persons whose interests are affected by the development of the program.

5. The draft program is subject to publication in the manner established for the official publication of municipal legal acts, otherwise official information, at least two weeks before its approval, and it is also recommended to post it on the official website of the Ministry of Defense on the Internet.

Interested parties have the right to submit their proposals for the draft program.

7. The approved program is posted on the official website of the settlement (in the presence of the official website of the settlement), the official website of the urban district (in the presence of the official website of the urban district) on the Internet.

III. Program composition
8. The program is a program for the development of a waste management system generated on the territory of a municipality through the construction and (or) modernization of facilities used for the disposal, neutralization and disposal of municipal solid waste (hereinafter referred to as MSW), production waste, industrial wastewater treatment and resets, which ensures the implementation of priorities public policy in the field of production and consumption waste management, the development of these systems and facilities in accordance with the needs of the socio-economic development of the municipality, improving the quality of goods produced for consumers (services rendered), improving the environmental situation on the territory of the municipality.

9. It is recommended that the prospective period for which the program is being developed be close to the period for which territorial planning documents have been developed. In this case, several periods can be distinguished with different details of the study of the program projects.

10. When developing a program, it is recommended to check the affordability for citizens of the cost of all utilities, taking into account the costs of implementing the proposed program. To do this, it is recommended to make a forecast of the cost of all communal resources as part of the program and to check the forecast aggregate payment of the population for utilities for compliance with the availability criteria.

12. The program is recommended to be developed in relation to all types of waste generated on the territory of the municipality at the time of the development of the program, and those types of waste that can be generated in the future period, taking into account the forecasts of the socio-economic development of the municipality.

13. It is recommended that the program prioritize the presentation of projects aimed at increasing the share of waste sent to the repeated economic circulation as secondary raw materials and secondary energy resources, as well as projects aimed at the formation of local heat and power facilities using secondary energy resources.

It is recommended that sections be presented in the program that justify the choice of projects, taking into account the forecast of the socio-economic development of the Moscow region, the production of the most popular types of secondary raw materials and products (semi-finished products) from them, and the choice of the best available technologies for such production.

14. The program recommends presenting projects aimed at improving the environmental situation on the territory of the municipality, taking into account the achievement by organizations of the communal complex and resource-supplying organizations of the standards for permissible impact on environment.

15. When including in the program projects aimed at the formation of local heat and power facilities using secondary energy resources, it is recommended to take into account that:

1) a decision on the construction of a facility for the production of thermal energy can be made by the authorized body of local self-government only if it is justified that it is impossible and (or) economically inexpedient to meet the need for thermal energy by taking measures to save energy and improve energy efficiency, as well as at the expense of power plants , existing or under construction, or planned for construction and producing thermal energy;

2) the choice between the reconstruction of an existing facility for the production of heat energy and the construction of a new such facility and (or) the determination during the construction of a new facility for the production of heat energy of the type of such facility and its characteristics is carried out by the authorized local government in such a way as to minimize the total costs (including fixed and the variable part of the costs) for the production and transmission to consumers of the planned volume of thermal energy.

a) Policy document;

b) Supporting materials for the program document (hereinafter - Supporting materials).

In addition, if within the framework of the program transport and logistics schemes for the collection and transportation of solid waste to the objects of disposal, neutralization and disposal of solid waste are developed, taking into account the prospects for housing and public and business construction, it is also recommended to include them in the Substantiating materials.

IV. The composition of the policy document
18. It is recommended that the following sections be included in the policy document:

a) "Passport of the program";

b) "Characteristics of the current state of the infrastructure used for the disposal, neutralization and disposal of solid waste";

c) "Characteristics of the current state of the infrastructure used for the disposal, neutralization and disposal of production waste";

d) "Prospects for the development of the municipality, the forecast of waste generation and the dynamics of their morphological composition";

e) "Target indicators for the development of the waste management system";

f) "Program investment projects ensuring the achievement of target indicators";

g) "Sources of investment, tariffs and accessibility of the program for the population and generators of production waste";

h) "Program Management".

19. Section 1 "Program Passport" of the program document is recommended to include a table with the main parameters of the program, including:

a) the name of the program;

b) the basis for the development of the program;

c) the customer of the program;

d) program developer;

e) the purpose of the program;

f) program objectives;

g) the most important target indicators of the program;

h) terms and stages of the program implementation;

i) volumes and sources of financing of the program.

20. It is recommended to include the following subsections in section 2 "Characterization of the current state of the infrastructure used for the disposal, neutralization and disposal of solid waste" and section 3 "Characterization of the current state of the infrastructure used for the disposal, neutralization and disposal of industrial waste" of the program document:

a) a brief analysis of the current state of the infrastructure for the accumulation and collection of solid waste (production waste);

b) a brief analysis of the current state of the facilities used for the disposal, neutralization and disposal of solid waste.

c) A brief analysis of the current state is recommended to be carried out according to the following characteristics:

d) institutional structure (organizations working in this area, the current contractual system and settlement system);

e) characteristics of the waste management system (basic technical characteristics, as well as general and special technical specifications); economic indicators facilities used for recycling, neutralization and disposal of waste);

f) transport and logistics schemes for the collection and transportation of solid waste and technological service areas assigned to the facilities;

g) reserves and deficits for technological zones and for the MD as a whole;

h) the reliability of the system;

i) impact on the environment;

j) tariffs, the structure of the cost of disposal, neutralization and disposal of waste with the allocation of costs for transportation to facilities from places of accumulation and collection;

k) technical and technological problems in the system;

l) an indication of the approved energy saving program;

m) analysis of the state of the program implementation in terms of installing metering devices and in terms of implementing energy-saving measures, including the achievement of program targets.

21. Section 4 "Prospects for the development of the municipality, forecast of waste generation and dynamics of their morphological composition" of the program document is recommended to include the following subsections:

Quantification of the prospective indicators of the development of the MO, on the basis of which the program is being developed, with reference to their rationale in section 1 "Prospective indicators of the development of the MO for the development of the program" of the Supporting Materials.

The list of recommended forward indicators includes: population dynamics, commissioning, demolition and overhaul apartment buildings, dynamics of private residential development, area budget organizations, administrative and commercial buildings, projected changes in the industry for the entire period of program development, with the allocation of stages.

22. Section 5 "Target indicators for the development of the waste management system" of the program document is recommended to include the following indicators:

a) criteria for accessibility for the population of public services for the disposal, disposal and disposal of solid waste;

b) indicators of the needs for recycling, neutralization and disposal of waste by type;

c) the magnitude of new loads (for each type of waste) arising in accordance with the forecast of the socio-economic development of the municipality;

d) indicators of the quality of recycling, neutralization and disposal of waste by type (special TEP);

e) indicators of the efficiency of waste transportation (specific fuel consumption, the number of vehicles used, the share of industry-specific special vehicles in the load on the road network, including during peak hours);

f) environmental impact indicators.

23. It is recommended to include the following subsections in section 6 "Programme of investment projects that ensure the achievement of targets" of the policy document:

a) a program for the construction and (or) modernization of facilities used for the disposal of solid waste;

b) a program for the construction and (or) modernization of facilities used for the disposal of solid waste;

c) a program for the construction and (or) modernization of facilities used for the disposal of solid waste;

d) a program for the phased closure and liquidation of landfills and solid waste dumps with the production of secondary raw materials and energy resources from the landfill due to an increase in the share of waste involved in repeated economic circulation;

e) a program for the construction and (or) modernization of facilities used for the disposal, neutralization and disposal of production waste;

f) interconnectedness of projects.

Each of these sections is recommended to be presented in the form of a table with a list of investment projects that have been selected to meet the target indicators for the development of the waste management system, with links to the relevant sections of the Justifying Materials.

A) short description project;

b) the specific purpose of the project;

c) technical parameters of the project;

d) required capital costs;

e) project implementation period;

f) expected effects, highlighting each of the expected effects and quantifying them;

g) the timing of obtaining effects;

h) simple payback period of the project.

24. Section 7 "Sources of investment, tariffs and accessibility of the program for the population and waste generators" of the program document is recommended to include:

a) a table indicating the volumes and each source of investment for each project with reference to their rationale in section 12 "Financial requirements for the implementation of the program" of the Supporting Materials. It is recommended to allocate the following sources of investment: own funds enterprises (profit, depreciation deductions, cost reduction due to the implementation of projects), additional issue of shares, budgetary funds (local, regional, federal budgets), loans (indicate the conditions for attracting loans), funds from private investors (including under a concession agreement);

b) a brief description of the forms of organization of each or groups of projects with reference to their justification in section 13 "Organization of the implementation of projects" of the Supporting Materials. It is recommended to single out the following groups of projects:

projects implemented by existing JCCs;

projects put up for tender to attract third-party investors (including organizations or individual entrepreneurs under a commercial concession agreement);

projects for the implementation of which organizations are created with the participation of the Ministry of Defense;

projects for the implementation of which organizations are created with the participation of existing OCCs;

a table indicating the dynamics of tariff levels necessary for the implementation of the program, fees (tariff) for connection (connection) for the entire period of development of the program for each organization in the prices of the reporting year (with reference to the rationale in section 14 "Programs of investment projects and the tariff" of the Substantiating materials) ;

c) a table for the entire period of program development (with reference to section 15 "Forecast of household expenditures on communal resources, budget expenditures on social support and subsidies, checking the affordability of tariffs for utilities" of the Justifying Materials) with indicators:

the calculated payment of the population for public services with the allocation of each type of public services;

calculated additional (in relation to the reporting year) budget expenditures for social support and subsidies to the population;

calculated numerical values ​​of each of the criteria for the availability of public services for the population.

It is recommended to compare the calculated values ​​of the accessibility criteria for the population of utilities with the target indicators of the accessibility criteria for the entire period of the program development and draw a conclusion about their compliance.

25. It is recommended that Section 8, Program Management, of the Program Document include the following subsections:

a) responsible for the implementation of the program;

b) a schedule of work on the implementation of the program (including the timing of the development terms of reference for organizations of the communal complex, approval of tariffs, decision-making on the allocation budget funds, preparation and holding of competitions to attract investors, including concessions, etc.);

c) the procedure for reporting on the implementation of the program;

d) the procedure and terms for adjusting the program.

Perspective territorial schemes (systems) of waste management are recommended to be developed taking into account the requirements of SNiP 2.07.01-89 * "Urban planning. Planning and development of urban and rural settlements."

It is recommended to include in the composition of the territorial waste management scheme of the settlement:

a) calculation of prospective quantities of generated waste and forecast of their morphological composition;

b) calculation of waste collection and transportation systems;

c) distribution of generated waste among existing and projected enterprises for waste disposal and processing;

d) distribution of waste generated by existing and planned landfills;

e) securing sites for landfills and enterprises;

f) location of bases of enterprises to ensure the removal, disposal (utilization) of waste from the settlement.

Prospective territorial schemes (systems) for waste management in settlements are recommended to be implemented in a comprehensive manner, linking together the various stages of waste management: collection, sorting, transport, processing, disposal, disposal. It is recommended that proposals include the possibility phased development waste management systems without a radical reorganization of facilities at each stage.

B: it is recommended to include the composition of a prospective territorial waste management scheme:

a) analysis of the current situation of territorial waste management schemes;

b) prospective amounts of generated waste;

c) proposals for new construction and expansion of landfills for the storage and processing of waste;

d) proposals for new construction and reconstruction of existing waste processing and disposal facilities;

e) the need for basic equipment and materials;

f) the cost of construction and reconstruction;

g) technical and economic indicators of territorial waste management schemes.

It is recommended to include in the section "Prospective amounts of generated waste":

a) information on the quantities of generated solid waste, including: waste from the urban population, waste rural population, waste of the seasonal population;

b) information on the amount of generated industrial waste, equated to MSW;

c) information on the amounts of generated construction waste and waste from the repair of buildings and structures;

d) information on the quantities of contaminated soils formed;

e) information on the amount of generated medical waste;

f) information about waste disposal facilities, including: operating landfills, operating waste sorting and preliminary processing facilities, closed landfills requiring recultivation;

g) information about other waste management facilities (for example, complexes for sorting production and consumption waste);

h) information about waste processors.

The section "Proposals for the construction and expansion (reclamation) of the waste management system" is recommended to include:

a) information about the objects of waste management systems proposed for new construction to ensure a prospective increase in the volume of generated waste;

b) information about the existing facilities proposed for expansion to ensure promising increments of generated waste;

c) information on closed landfills proposed for reclamation;

d) information about plants and complexes planned for new construction for sorting, preparation, disposal, processing of waste;

e) goals and objectives of the new construction/reconstruction of the main facility;

f) the legal status of the object;

g) location;

h) initial technical requirements to the creation of a landfill and / or the main equipment of plants and complexes;

i) description of the structure and quantity of waste received;

j) justification for the choice of the proposed technology (storage, burial, sorting, processing, disposal);

k) the composition of the main equipment;

l) substantiation of equipment loading;

m) environmental impact assessment;

o) technical and economic indicators of the head facility.

The section "Proposals for the creation and modernization of systems for the collection, transportation and sorting of waste" is recommended to include:

a) information on the systems proposed for the creation, collection, sorting and transportation of waste, ensuring the improvement of waste management systems;

b) goals and objectives of the system creation;

c) description of options for waste collection routes;

d) initial technical requirements for transport and sorting systems;

e) forecast of the growth of generated waste;

e) scheduling.

It is recommended to include the following sections in the "Environmental Impact Assessment" section:

A) a brief description of climatic conditions of the area where the facility is located;

b) information on the composition and amount of emissions of pollutants released into the atmosphere from solid waste dumps;

c) calculation of emissions from the designed landfill based on analogue facilities;

d) justification of the intensity of combustion;

e) justification for taking into account the non-stationarity of emissions over time;

f) substantiation of the initial data adopted for the calculation of surface concentrations of harmful substances in the atmosphere;

g) calculation of concentrations of pollutants in the surface layer of the atmosphere;

h) proposals for the establishment of a sanitary protection zone;

i) impact on atmospheric air in emergency situations;

j) methods and means of monitoring the state of the air basin;

k) impact assessment on surface and ground waters;

l) groundwater protection;

m) assessment of impact on flora and fauna;

o) proposals for integrated environmental monitoring.

Section "Assessment capital investments in the creation and modernization of the waste management system of the settlement" is recommended to be developed taking into account the following provisions:

a) it is recommended to evaluate capital investments in the creation and modernization of the waste management system of the settlement in accordance with the territorial directories for the aggregated reduced base costs by type capital construction and types of work;

b) the assessment of capital investments should be carried out at the prices established by the territorial directories at the time of the program implementation, with their subsequent reduction to the current forecast prices.

Documents approved by Decree of the Government of the Russian Federation of May 16, 2016 No. 424 “On approval of the procedure for developing, coordinating, approving and adjusting investment and production programs in the field of municipal solid waste management, including the procedure for determining the planned and actual values ​​of the performance indicators of facilities used for processing, neutralization and disposal of municipal solid waste "are the first significant step towards a new procedure for state regulation of prices (tariffs) in the field of municipal solid waste management after the publication of the Federal Law of December 29, 2014 N 458-ФЗ "On Amendments to the Federal Law" On Production and Consumption Waste”, separate legislative acts of the Russian Federation and the invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation”.

Decree of the Government of the Russian Federation of May 16, 2016 No. 424 comes into force on May 27, 2016 and contains the following rules that determine the basis for state regulation of tariffs in the field of MSW management:

• The procedure for the development, coordination, approval and adjustment of investment programs in the field of MSW management;
• The procedure for developing, coordinating, approving and adjusting production programs in the field of MSW management;
• The procedure for determining the planned and actual values ​​of the performance indicators of facilities used for the processing, neutralization and disposal of MSW;

Decree of the Government of the Russian Federation dated May 16, 2016 No. 424 does not contain provisions on giving its provisions retroactive effect and requirements to bring tariff proposals already submitted to the regulatory body in 2016 in line with the new procedure for developing MSW management programs. Active application of the document is planned in the implementation of activities for the treatment of MSW in 2017.

Comment of the head of the direction " » LEX-Consulting LLC Maslova Olga:

“Before proceeding to explain the norms of the commented by-law, you need to return to the source - Federal Law No. 89-FZ of June 24, 1998 “On Production and Consumption Wastes” (hereinafter - Federal Law 89-FZ), which determines the composition of the service and participants in the treatment of MSW.

So, in accordance with Art. 1 of the Federal Law 89-FZ, waste management is the whole complex of the cycle from the collection, accumulation, transportation of waste to their processing, disposal, neutralization, disposal of waste.

Each of these stages is legally explained and enshrined in the same Art. 1 of the Federal Law 89-FZ. And it all adds up public service MSW management in accordance with the current edition LCD RF.

Let me remind you that earlier only disposal (burial) of MSW was a public service.

Participants in the activities of MSW management since 01/01/2016:

- Instead of organizations of the communal complex - operators in the field of waste management. In addition, a single entity appears, selected according to the results of the competition - a regional operator in the field of MSW management, accumulating financial, information flows and contractual relations. So, consumers of services (UK, HOAs, budgetary and other consumers) must conclude an agreement and, accordingly, pay a fee for the service to the regional operator in the field of MSW management, and he, in turn, concludes contracts and settles with operators in the field of waste management in each of municipalities subject of the Russian Federation.

Note: Based on the results of the Direct Line with the President of the Russian Federation held on April 14, 2016, the all-Russian public movement "People's Front "For Russia" was recommended to analyze the regulatory legal acts adopted in the constituent entities of the Russian Federation that regulate the collection and processing of municipal solid waste, as well as the organization of work on ensuring transparency and informational openness of competitive procedures for the selection of regional operators for the treatment of municipal solid waste.

The changes, of course, also affected the system of tariffs in the field of MSW management (tariffs for the utility service MSW management in 2017):

The procedure for the development and approval of investment programs in the field of MSW management, important aspects Decrees of the Government of the Russian Federation of May 16, 2016 No. 424:

The investment program shall include measures for the construction, reconstruction and (or) modernization of facilities implemented by the regulated organization,provided for by the territorial scheme in the field of waste management, an agreement between the state authority of a constituent entity of the Russian Federation and a regional operator for the management of municipal solid waste, concession agreements, investment agreements and (or) government contracts. If some of the measures are not provided for in these documents, they cannot be included in the operator's investment program in the field of MSW management

The investment program in the field of MSW management, by analogy with the procedure for approving investment programs for other public utilities, is approved at the level of a constituent entity of the Russian Federation.

TERMS : the operator sends the developed draft investment program for approval to the authorized bodyuntil March 15 of the year preceding the first year of the investment program . So, for example, when submitting an investment program in the field of waste management in 2017 (until March 15, 2017), the first year of implementation of the operator's investment program in the field of MSW management will be 2018.

Development and approval of production programs in the field of MSW management: the production program for MSW management is approved by the authorized executive body of the constituent entity of the Russian Federation, term and submit it to the regulatory authority - until May 01. The production program containing the main performance indicators, balances, measures to current activities, is the basis for approving the tariff for the municipal service for the treatment of MSW”.

Thus, today the following by-laws have come into force in the field of municipal solid waste management:

• Decree of the Government of the Russian Federation of April 4, 2016 No. 269 "On the determination of the standards for the accumulation of solid municipal waste" (together with the "Rules for determining the standards for the accumulation of solid municipal waste")
• Decree of the Government of the Russian Federation of May 16, 2016 No. 424 “On approval of the procedure for developing, coordinating, approving and adjusting investment and production programs in the field of municipal solid waste management, including the procedure for determining the planned and actual values ​​​​of the performance indicators of objects used for processing, neutralization and disposal of municipal solid waste" (together with the "Rules for the development, approval, approval and adjustment of investment programs in the field of solid municipal waste management", "Rules for the development, approval, approval and adjustment of production programs in the field of municipal solid waste management", " Rules for determining the planned and actual values ​​of the performance indicators of facilities used for the processing, neutralization and disposal of municipal solid waste”).