The procedure for charging fees for the export of solid waste. Garbage disposal: features of public services
Services for the collection and removal of solid household waste are not classified as utilities paid according to the rules of Article 157 of the Housing Code of the Russian Federation, and therefore the fee for the collection and removal of such waste is included in the fee for the maintenance of common property in apartment building and its size is determined in accordance with the provisions of Article 156 of the Code, that is, it is charged not from one person, but from 1 sq. m living area of the apartment. The Armed Forces of the Russian Federation came to such a conclusion
According to subparagraph "e" of paragraph 11 of the Rules for the maintenance of common property in an apartment building (hereinafter referred to as the Rules), approved by the Government Decree Russian Federation dated August 13, 2006 N 491, maintenance of common property depending on the composition, design features, degree of physical wear and technical condition common property, as well as, depending on the geodetic and climatic conditions of the location of an apartment building, includes, in particular, the collection and removal of solid and liquid household waste, including waste generated as a result of the activities of organizations and individual entrepreneurs using non-residential (built-in and attached) premises in an apartment building.
K. turned to Supreme Court of the Russian Federation with a statement on the recognition of subparagraph "e" of paragraph 11 of the Rules as invalid, referring to the fact that municipal solid waste is not the common property of the owners of premises in an apartment building, therefore, the service for their collection and removal cannot be considered as the maintenance of the common property of the house, the organization collection and removal of such waste accumulated in containers installed near the house on specially equipped sites is entrusted to local authorities, as a result of the erroneous attribution of municipal solid waste to the maintenance of the common property of an apartment building, payment for their removal is charged not from one person, but from 1 sq. m of living space of the apartment as part of the funds collected for the maintenance and repair of the common property of the house.
According to the Applicant, the contested norm contradicts the provisions of part 1 of Article 36 of the Housing Code of the Russian Federation, paragraph 1 of Article 16 federal law"About general principles organization of local self-government in the Russian Federation" and violates his rights.
The Supreme Court of the Russian Federation denied K.'s application. He cited the following as the rationale for his decision:
The rules for maintaining common property in an apartment building were approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491 in accordance with Articles 39 and 156 of the Housing Code of the Russian Federation, which empower the Government of the Russian Federation to establish such Rules, as well as regulate the main issues of maintaining common property in an apartment building house and determining the amount of payment for housing.
In accordance with Article 154 of the Housing Code of the Russian Federation, the structure of payment for residential premises and utilities includes payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and current repairs, and for owners of premises in a house - and overhaul of common property in an apartment building, and utility bills.
The structure of payment for utilities is disclosed in part 4 of this article of the Code, which does not include payment for the collection and removal of municipal solid waste.
Thus, services for the collection and removal of solid household waste are not classified as utilities paid according to the rules of Article 157 of the Housing Code of the Russian Federation, and therefore the fee for the collection and removal of such waste is included in the fee for the maintenance of common property in an apartment building and its the size is determined in accordance with the provisions of Article 156 of the Code.
The challenged norm is also consistent with the provisions of Part 1 of Article 36 of the Housing Code of the Russian Federation, to which the Applicant refers. Within the meaning of this norm, common property in an apartment building includes, in particular, sanitary and other equipment located in this house outside or inside the premises and serving more than one premises, land plot, on which this house is located, with elements of gardening and improvement and other objects intended for maintenance, operation and improvement of this house, located on the specified land plot.
The equipment and other facilities used for the collection of municipal solid waste (garbage chutes, containers, storage bins, specially equipped sites, etc.) are intended for the maintenance and operation of the entire apartment building. This is directly reflected in the Rules and norms for the technical operation of the housing stock (clauses 1.8, 3.7, 5.9, etc.), approved by the Decree of the Gosstroy of Russia of September 27, 2003 N 170. The operation of such facilities and equipment, which consists in the collection and export of accumulated in them municipal solid waste, repair and maintenance of the objects themselves, is carried out by the owners of the premises of an apartment building in the common interest.
Consequently, the collection and disposal of solid household waste generated as a result of the activities of residents of an apartment building (cooking, packing goods, cleaning and maintenance of equipment and premises, including those intended to service the entire house, etc.) are integral part maintenance of the common property of an apartment building, which is enshrined in the Contested Norm.
The applicant's reference in support of his claim to paragraph 24 of Article 16 of Federal Law No. 131-FZ of October 6, 2003 "On the General Principles of Organization of Local Self-Government in the Russian Federation" is unfounded. This norm, referring to the issues of local importance of the urban district, the organization of collection, export, disposal and processing of household and industrial waste, does not concern the maintenance of the common property of an apartment building, and therefore is not relevant to the case under consideration.
How is garbage collection handled?
Now the expenses for the collection and removal of waste are taken into account in the line "maintenance and repair of residential premises." After the appearance of a separate line in the payment, the service will move from housing to communal.
How much will the service cost the end user?
Currently, the fee for garbage collection is not standardized and averages 2.5 rubles per square meter. meter. The rate is set by the management company.
From 2017, the size of the tariff will be determined by the regional waste operator. Due to this, for residents of the same region, the fee will be the same. The tariff may differ from the current one, but the head of the Ministry of Natural Resources, Sergey Donskoy, believes that the fee for garbage collection should not increase.
The regions will have the right to establish marginal tariffs for the handling of solid municipal waste.
The Ministry of Construction of Russia does not introduce any new tax. We are talking about a different format of payment for the collection and disposal of garbage, for which we already payDeputy Minister of Construction, Housing and Communal Services Andriy Chibis
Why was it necessary to transfer the service from the management company to regional operators?
The Ministry of Construction and the Ministry of Natural Resources believe that after it starts working new scheme, tariff setting will become more transparent, the waste recycling system will develop, and the number of landfills and illegal dumps will decrease. According to Donskoy, today the number of unauthorized landfills in Russia is more than 20 times higher than the number of legal waste storage facilities.
As part of the reform, the regions must also approve territorial waste management schemes that describe the entire logistics of waste movement from the moment of generation to the place of processing or disposal, and all routes of the chain.
Our task is to involve waste in economic circulation as much as possible. That is, we must see an effective, integrated waste management system that takes into account both the current recycling infrastructure and its developmentMinister natural resources and Ecology of the Russian Federation Sergey Donskoy
How will they choose the companies that will take care of the garbage?
The regional operator (one or several) will be selected on a competitive basis for 10 years. The enterprises with the best conditions will win.
Due to the long term of the contract, the operators will be able to plan their work and offer the lowest rates.
How many companies have licenses to remove and dispose of waste?
Now total operating licenses for the collection, transportation, processing, disposal and disposal of waste is almost 11.5 thousand.
Any person in the course of his life leaves behind household waste, which is a variety of items or goods that have lost their original consumer properties and do not carry any value.
The issue of payment for utilities is quite acute when the service is provided improperly or not provided at all. Therefore, many citizens are unwilling to spend money on paying for such services, which are of poor quality.
The official rules for charging fees for garbage collection in an apartment building are spelled out in the existing Law on Housing and Public Utilities. Such a fee can be either included in the total cost of the housing fee (in an apartment building), or be a payment separate species. Payments for this service in this case are carried out according to the concluded agreement.
The payment is calculated according to the tariffs and approved norms of human waste production, approved by the local administration.
The amount of the final fee is determined by the company that is directly involved in the removal of garbage and with which the consumer (tenant) has concluded an agreement for the provision of a service for the removal of solid domestic waste.
Until 01.01.2015, until the amendments from Law No. 458, adopted on federal level, garbage generated in the process of life of apartment owners was designated by the term "solid household waste". The payment was calculated based on the number square meters specific apartment.
The new law changed both the name and the definition itself. Now the terms that were previously referred to as "garbage" or "municipal solid waste" are now referred to as "municipal solid waste" (MSW) in a new way.
Another change is that the payment for garbage is charged depending on the number of people living (registered) in the apartment.
What did the new law change?
Solid, now communal, waste is defined by law as generated in apartments and residential premises individuals during life processes.
These include goods that have lost consumer properties for a particular person and are not suitable for domestic use or to meet their needs. Waste consumption cannot be calculated according to the general house accounting rules for an apartment building, which is the main hallmark this service from others.
According to the new law, municipal solid waste becomes municipal waste, and their calculation and payment will be charged separately from each of the owners of premises in an apartment building.
The next innovation regarding garbage collection, which also became effective from the beginning of 2016, regulates legal issues in the field of housing and communal services and the provision of services to the population. It provides for the introduction in each of the regions of their own programs on the rules for MSW and determines the procedure for selecting an operator to work with this waste.
The operator should be responsible for the following MSW operations:
- safe and correct collection;
- transportation;
- processing;
- recycling;
- neutralization;
- burial at the regional level.
The operator will be selected by the regional authorities through a competition.
The status of a regional operator will be granted for 10 years. The owners of apartments and residential premises of an apartment building will have to conclude agreements with this operator, which they are obliged to do by the Federal Law.
On the basis of such agreements, all the activities of regional operators will be regulated, and the agreements themselves will be public. Also, on the basis of the concluded agreement, payment will be made by the residents of the apartment building of this public service.
In addition, the law obliges the tenants of the house to sign an agreement, represented by the management company, with the regional garbage service operator.
Tariffs and calculation rules
The calculation of tariffs and fees for removal and other necessary manipulations with municipal solid waste (garbage) is regulated by the same law. The fee for the types of activities defined in it in this area is established on the basis of the consent of all parties specified in the contract for the provision of services.
Exceeding the rates for garbage collection above the marginal tariffs set for payment for utilities established by the administration or executive authorities is unacceptable.
The following types of tariffs can be regulated:
- MSW processing;
- for the disposal of MSW;
- for MSW disposal;
- on the treatment of MSW (collection, removal, disposal).
Since the beginning of 2016, the list of services related to housing and communal services has also been changed, as well as the calculation and, accordingly, the fee for their provision. From the first day of this year, municipal services also include the management of municipal solid waste, but this service is now excluded from the list of house maintenance services and is included in a separate column in the list of utilities.
Calculation in an apartment building involves a system of payment rates for the number of residents in an apartment, which are established at the regional level and are fixed by relevant documents and regulations.
If in an apartment building the garbage collection service is provided under a state contract, then such houses are temporarily excluded from the area of responsibility of the MSW management operator chosen in the region and a contract with them for the provision of this service is not concluded.
If the state contract was concluded before the beginning of 2016, then the services will be provided in accordance with the contract for the entire period specified in it. And the waste collection fee will, as before, be included in the maintenance fee and a separate line for the new kind utilities will not appear.
What else does the law say?
The law not only determines the payment for a new service in an apartment building, but also distributes responsibilities for each of the parties to the contract.
The owners of each of the residential premises (apartments) are required to conclude an agreement with a regional company selected by law for the removal of MSW, or such an agreement can be concluded by the management company as an authorized representative of the residents. This is determined by a collective decision at a public meeting of all owners in an apartment building.
Another obligation, which is determined by the law regarding garbage collection and the rules for calculating such a service in an apartment building, is the implementation by the regional operator of settlements on the basis of a concluded agreement.
A contract with an operator selected in the region can be concluded both with each individual owner and with the entire management company. Taking into account on whose behalf the contract or agreement is concluded and the calculation takes place, as well as the subsequent payment of such a utility service in an apartment building.
controversial points
The new law, however, has some problematic moments. These include ownership of container yards and assessment of their quality.
The supply of services is carried out from container platforms, which must be equipped accordingly in each apartment building and either the management company or the owners of the apartments are responsible for the maintenance.
But, as practice shows, container sites in an apartment building do not belong to the property of either residents or the municipality. This means that from the moment when new law, they must be defined as part of the common property of an apartment building and executed in accordance with the law. So that later they can be transferred for service to the operator for the removal of solid waste.
The law does not provide for the assessment of quality indicators in the provision of such services for servicing any apartment building in terms of waste and garbage disposal, however, it determines that the contractor undertakes to provide the consumer with both high-quality and safe services.
With the adoption of such a federal law, the owners of premises (apartments) received a new type of public services, and the corresponding management company received new types of reports and responsibilities.
The administration has entered into a public agreement for the removal of garbage in fulfillment of its obligations to organize the improvement of the territory of the settlement, enshrined in paragraph 19 of part 1 of Art. 14 of the Federal Law of October 6, 2003 No. 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation". Also on the basis of paragraph 2 of Art. 8 of the Federal Law of June 24, 1998 No. 89-FZ "On Production and Consumption Wastes" to the powers of local governments municipal districts in the field of waste management includes participation in the organization of collection activities (including separate collection), transportation, processing, disposal, disposal, disposal of solid municipal waste in the territories of the respective regions.
If your parents do not use the services of an organization that carries out the removal of solid household waste, and have not concluded an agreement with it, then they are not required to pay for an unproven service. There is no legal relationship between your parents and this organization. The current civil legislation establishes the freedom of citizens and legal entities in the conclusion of contracts (Article 421 of the Civil Code of the Russian Federation).
The use of your personal data when calculating fees for the removal of household waste is contrary to the requirements of Part 1 of Art. 15 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, according to which the processing of personal data in order to promote goods, works, services on the market through direct contacts with a potential consumer using communication means is allowed only subject to prior consent of the subject of personal data. The specified processing of personal data is recognized as being carried out without the prior consent of the subject of personal data, unless the operator proves that such consent has been obtained.
You can apply to Rospotrebnadzor and the prosecutor's office with a statement about the obligation of the organization that carries out garbage collection to stop illegal actions in charging fees for the removal of municipal solid waste, as well as the use of your personal data.
You also have the right to apply to the court with a claim to declare the contract for the removal of municipal solid waste not concluded, to recognize as illegal the actions of the organization you specified for charging fees for the removal of solid domestic waste, to recognize illegal actions on the use of personal data.
However, you must understand that the collection and disposal of garbage is organized for your own good. For garbage disposal that does not meet the requirements of the law, your parents may be held administratively liable.
I, Individual entrepreneur I want to conclude a contract for the removal of garbage in fact, I was refused. Forced to conclude a contract on their terms from total area. An area of 34 sq.m was calculated at 2000 tr per month, and we actually rent less than half a cube of garbage per quarter
The catering business has signed a contract for the removal of solid waste. On the this moment the entrepreneur has accumulated debt. And now, on a quiet night, he takes out his garbage to our landfill. The order has been issued. What are our next steps?
Hello. In our village, the administration entered into an agreement with the housing and communal services and, without the consent of the residents, installed garbage containers. We did not give consent and did not conclude an agreement with the housing and communal services. We told the administration that we take the garbage to the city dump ourselves. But they don't hear us. How to remove these containers? Residents refuse to pay. What sanctions can be applied to residents if they do not pay according to the receipt?
After the repair, garbage has accumulated in the apartment - an old floor screed. The floor has crumbled under the linoleum. had to clean it up. the old floor screed was neatly folded into bags and taken out to the entrance to the trash can (there is no separate area for large garbage). Got 3 bags of sugar. ZhEK does not want to take away, says it's yours construction garbage take it out yourself. But this is waste from repairs, and according to the contract with the Criminal Code, it is prescribed - bulky waste, old furniture, ... leftovers from the current renovation of apartments, etc. should be collected on a special designated sites and exported by the Criminal Code (Decree of the Gosstroy of the Russian Federation dated September 27, 2003 N170 clause 3.7.15). In the receipts there is a point - the export of solid waste. Should the Criminal Code take out our garbage bags with the old floor screed itself?
For 3.5 years, the management company charged me 3.52 per m2 for garbage collection in heavy containers. This amount is written in my contract. But in the yard there are both heavy containers and simple ones. Recently I saw a receipt for payment from a neighbor, there was it is simply written "garbage collection" and the cost is about 1 ruble per m2. Having specified the cost of garbage collection in a special auto farm, I was surprised that the cost of garbage collection is 0 rub 89 kopecks per m2, regardless of the type of containers. Can I recover in and for what time ? Tell me how to act?
I am the owner of housing (a private house), under a donation agreement from my mother. The former owner had an agreement with MUP SAKH, which she did not terminate in writing. There were no debts at that time. Having joined for some time, I used the services and paid on receipts in the name of my mother. But once again, when I put out the trash, they not only didn’t take it away, they poured it out under the gate at night. Since then, I stopped using the services and took out the garbage on my own, there are receipts for taking it to the landfill. But a year later Sakh. sued to recover the debt. Although there is no contract on my part personally, no one has drawn it up. Can they collect my debt? And on what laws shall I be based in court? Thank you!
I am a Sole Proprietor. Signed an agreement with public utilities for the provision of services for the collection, removal and disposal of waste 07.12.2012. And we want to terminate it, since the amount of garbage declared in the contract does not correspond to reality. Square trading floor declared according to the data sheet in the amount of 150 sq.m. 60% is occupied by exhibition furniture samples, which are updated once a year or more. All furniture and Appliances shipped from the warehouse in the original packaging. Waste paper (cardboard) and scrap metal are handed over to the recycling center, for which there are genuine receipts.
We have purchased a waste container. Asked them to provide a garbage collection service in fact. But they didn't react. And now they send invoices for 140 thousand. rubles. And what should we do in this case?
In September of this year, in our city, they began to force all contracts for garbage collection without exception. Many residents are against such violence. all these months. Many retired people proved that they do not litter, they have order in the yards and near the yards. They solve the problem with garbage without polluting the environment around. But they don’t even want to hear it. Many pensioners feel bad, they are forced to take medicine, go to the doctor for medical help, out of frustration for injustice. But it is impossible to prove anything! The question is not even to conclude an agreement. They propose to conclude an agreement on garbage collection from today or from the beginning of the month, but also from January 01. (You must pay from 01/01/2012) Where do our pensioners get such money from? And for what???? If Kommunkhoz did not carry out work on garbage collection. For refusal to conclude an agreement, a fine of 300 rubles is imposed. Can you please explain if this is the right thing to do?
I own 1/2. In addition to me, the second co-owner and his young daughter are registered in the house (but do not live). 4th year I pay for the second co-owner and his daughter for garbage collection and for gas (meter not installed). He refuses to pay. Is it possible to recover anything from him in court? and how to do it right?
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