Waste business. To whom and how much will we pay for the garbage? Correct calculation of the fee for garbage removal The procedure for calculating the fee for the removal of solid waste

IT IS OBLIGATORY TO PAY FOR GARBAGE 2018 brought with it fundamental changes in the system of collection and disposal of solid municipal waste(TKO). In particular, now these responsibilities are assigned to the regional operator for the treatment of municipal solid waste, which in our city and district has become Eco-City LLC. The reform raises many questions among people. Andrey Fursin, director of Eco-City LLC, answers some of them to Mikhailovsky Vesti. - New law obliges absolutely everyone to pay for the disposal of MSW, previously there was no such norm. How are you going to convince people to pay if they didn't sign contracts even for a lower price? - The obligation to conclude agreements with a regional operator for the treatment of MSW is provided for in Articles 30, 154, 155, 161 of the Housing Code Russian Federation. All citizens living in apartment buildings, the private sector, as well as individual entrepreneurs, legal entities of any form of ownership and scale - from small to large businesses - will have to conclude contracts for the provision of services for the treatment of MSW with a regional operator. The service for the treatment of MSW is provided from January 1, 2018 throughout the entire territory included in the area of ​​activity of the regoperator, regardless of whether an agreement has been signed with or not. In this regard, when concluding the contract, the date of commencement of the provision of the service will be indicated - 01/01/2018 - and accruals will also be made from this date. In multi-apartment buildings, an agreement for the treatment of MSW is concluded between a regional operator and a management company, a homeowners association, or another cooperative. With direct management and with residents of the private sector, the regional operator concludes contracts individually, with each homeowner separately. Failure to conclude a contract will result in legal proceedings in accordance with Article 1102 of the Civil Code of the Russian Federation. In this case, the person will not only have to pay for the actual provision of the service, but also reimburse legal costs. If the facts of waste disposal in places not intended for these purposes are established, the perpetrators will be held accountable in accordance with the Code on administrative offenses RF. - Do you need to pay at the actual place of residence or at the registration? - In accordance with the Federal Law on Production and Consumption Waste, the Housing Code of the Russian Federation, payment for MSW is charged depending on the number of people living in an apartment (individual residential building). The amount of payment for a new utility service is calculated based on the tariff and standard for the accumulation of MSW per person. If a person does not live at the address, then it is necessary to provide a document confirming that the registered person is actually absent at the place of registration and lives elsewhere. In the absence of citizens permanently and temporarily residing in residential premises, the volume of public services for the treatment of municipal solid waste is calculated taking into account the number of owners of such premises (Clause 148 (36) of the Rules for the provision of public services to owners and users of residential premises in apartment buildings and residential buildings, approved by the Decree Government of the Russian Federation dated May 6, 2011 No. 354). Or, for example, the house is registered for several people (two or three pink certificates), but there is one house book. In this case, the contract will be concluded for one home book, but with two persons on the side of the consumer of the service (one contract with two owners). - Have benefits been established for disabled people, low-income families, etc.? - The service for the treatment of MSW is a communal service and all relevant benefits apply to it. Compensation for utility bills is provided to persons with disabilities due to a general illness and families with children with disabilities; citizens exposed to radiation; disabled people, participants of the Great Patriotic War and equivalent categories; combat veterans; residents of besieged Leningrad; family members of the dead (deceased) invalids and participants of the Great Patriotic War and combat veterans. For more information on benefits, please call hotline» Ministries of Labor and social protection population (8652) 71-34-78 or 8-800-7070-126 - In different settlements, the cost of payment is different, even within the same district. What explains this? - The regional operator has limited the marginal tariff, in addition, the tariff is applied differentially, for different categories municipalities. The final price for the service is the sum of the tariff multiplied by the MSW accumulation standards established by the Ministry of Housing and Public Utilities of the Stavropol Territory. When calculating the final price for the removal of MSW, we took into account the prices prevailing on given period time on the territory of municipalities in which MSW has already been removed. In the Shpakovsky district, the marginal tariff was applied in rural settlements, but the price has changed slightly. In Mikhailovsk and the village of Nadezhda, the maximum tariff does not apply. The rate includes various costs. Previously, the service for the removal of MSW was not regulated, the garbage disposal business used simplified system taxation, and prices were negotiated. Since 2018, 18 percent VAT has been added here. There was also a fee for the negative impact on the environment. For each ton of hazard class 4, which includes MSW, the reoperator must transfer 663.20 rubles to the budget. If you look at the marginal tariff, up to 20 percent of the tariff amount is paid for. Despite the fact that the regional operator in most settlements does not apply a ceiling tariff, it still has to pay the full amount of the negative impact charges. The service also includes the cost of landfill services for waste disposal. Its share is from 20 to 30 percent. In addition, the tariff includes the transport component and the regional operator's own expenses. - Who should eliminate spontaneous dumps now? - If a regional operator finds a place for storage of municipal solid waste, the volume of which exceeds 1 cubic meter. meter, on a land plot not intended for these purposes and not specified in the agreement, the regional operator is obliged, within five working days: local government and the body exercising state environmental supervision, on the discovery of a place of unauthorized disposal of MSW; b) notify the owner of the land plot in any way that allows obtaining confirmation of the delivery of such a notification about the need to eliminate the place of unauthorized placement of MSW within 30 days after receiving the notification and send him a draft contract for the provision of services to eliminate the identified place. The owner of the land plot is obliged to independently ensure the liquidation of the place of unauthorized placement of MSW or conclude an appropriate agreement with the regional operator. If this is not done, then the regoperator will remove the landfill himself, and the owner will issue an invoice to cover the costs. In case of detection of a place of storage of MSW, the volume of which exceeds 1 cubic meter. meter, on a land plot not intended for these purposes, it is necessary to inform the regional MSW operator of information about the location of the place of unauthorized storage of MSW, and also send necessary information to the bodies of control and supervision - Ministry natural resources and protection environment Stavropol Territory (Stavropol, Goleneva st., 18), Department of Rosprirodnadzor for the North Caucasus federal district(Stavropol Territory, Essentuki, Schmidt St., 74a). - Starting from the new year, those residents who were previously served in Mikhailovsk by Municipal Unitary Enterprise "Housing and Communal Services" are invited to re-register contracts with your company. To do this, it is again proposed to collect a whole set of documents. Can this issue be resolved more simply through interdepartmental cooperation? - Unfortunately no. In accordance with the law, it is necessary to conclude new contracts. New conditions have been added, which are reflected in the new contracts with the regoperator. In addition, during the time that the residents were served by the Municipal Unitary Enterprise "Housing and Communal Services", many things could change, for example, the number of residents, homeowners, etc. It is necessary to maintain the utmost transparency of legal relations. - Will there be receipts for payment of solid waste? - Payment documents will be sent to all residents of the settlements included in the area of ​​activity of the regoperator. Residents of apartment buildings will receive payment documents in which the line "Handling municipal solid waste" will appear. The previous payment for the collection and removal of MSW, which in the receipts could either be singled out as a separate line, or included in the line “housing maintenance”, should be excluded, since the service has become a communal one. Owners of individual residential buildings will receive payment documents in the form of receipts for payment for services for the treatment of MSW. - Where can I get garbage containers? - Containers can be provided by the managing organization or the municipality (subject to the availability of budget funding). Accordingly, it is necessary to contact either the managing organization or the local administration. Residents of individual houses can buy a container in their ownership and apply to the administration to determine the location of the container. Contain container sites, special sites for bulky waste, territories adjacent to the place of loading of garbage, which are located on the adjacent territory, which is part of the common property - should be the owners of premises in apartment buildings (MC, HOA, housing cooperative). If the listed objects are not part of the common property in the MKD, then they are kept by the owners of the land plot on which such sites and territory are located. The responsibility of the regional operator arises from the moment the garbage is loaded into the garbage truck. - Will all waste be removed for this fee, what to do with construction waste Or with cut branches? - If the waste does not belong to MSW, then it is necessary to conclude a separate contract for their removal. Contacts for resolving this issue are posted on the regoperator's website. - Where to go if they do not take out the garbage? - If the owner lives in apartment building, then he needs to contact his managing organization (UK, HOA, ZhSK, ZhK). If in an individual residential building, then to the control room of a regional operator. On the website of LLC "Eco-City" ecocity26.ru in the section "Phones and addresses of the regoperator" there are contacts of representative offices for each district or city district.

Is it true. Only we are talking not about introducing a new tax to the budget, but about changing the payment scheme for services for the treatment of municipal solid waste (MSW).

What is "Solid Waste Management"?

This is the collection, transportation, neutralization and disposal of garbage.

How do we pay for garbage collection now?

There is no separate column for garbage collection in the utility bill. The cost of work to ensure the export household waste enabled in payment for the maintenance of the dwelling. The maintenance fee is approved by the general meeting of apartment owners in the building. The amount of the maintenance fee is equal to the rate multiplied by the area of ​​your apartment. Garbage removal services for the management company or HOA are provided by an organization or individual entrepreneur involved under the contract.

What is changing?

1. Garbage removal service becomes communal. That is, in your receipt for payment of utility bills will appear separate line about the disposal of household waste.
2. The fee for garbage collection is calculated not by the area of ​​​​the apartment, but according to the standard of garbage for 1 person and the tariff for a service for the treatment of municipal solid waste (MSW). The tariff and standards will be approved at the regional level.
3. In the regions at a special competition will be selected regional operator for municipal solid waste management. The UK, HOA, LCD and owners of residential buildings will be required to conclude an agreement with this operator for the provision of services for the treatment of solid waste, collect fees from residents for garbage collection and transfer money to the operator.
4. By decision of the general meeting of owners, residents can pay a fee for the MSW management service directly to the regional operator.
5. A number of apartment buildings are temporarily excluded from the area of ​​responsibility of the regional MSW operator and do not conclude an agreement with it. This applies to those houses for which garbage collection services are provided on the basis of a state contract. If such a contract for a period of more than 10 years was concluded for your house before January 1, 2016, the contractor under this contract will provide garbage collection services for the entire duration of the contract. In this case, the cost of garbage collection will continue to be included in the maintenance fee, i.e. there will be no separate line in the receipt.

And if we do not want to conclude an agreement with a regional operator?

Alas, with the new scheme there is no alternative. In part 12 of Art. 161 of the Housing Code of the Russian Federation says that management companies, HOAs, housing cooperatives not entitled to refuse to conclude contracts with a regional operator for the management of MSW. The same applies to the owners of residential buildings: according to part 5 of article 30 of the RF LC, you are obliged to ensure the treatment of MSW by concluding an agreement with a regional operator.

When will we start paying for garbage collection in a new way?

By 2019, the scheme will be extended to the whole of Russia, but some regions have already begun to switch to new order in 2017. The specific time frame depends on two events in your area:

• Approval of a single tariff for the service for the treatment of MSW (the resolution on the procedure for calculating such a tariff should be adopted by the Government of the Russian Federation).
• Holding a tender for the selection of a regional operator for the treatment of MSW and the conclusion of a special agreement between him and the authorized regional body.

Details and answers to all frequently asked questions:

• Housing Code of the Russian Federation
• Federal Law No. 89-FZ of June 24, 1998 "On Production and Consumption Waste"
• Federal Law No. 458-FZ dated December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Wastes”, Certain Legislative Acts of the Russian Federation and Recognizing Certain Legislative Acts (Provisions of Legislative Acts) of the Russian Federation as invalid

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 federal law dated October 6, 2003 No. 131-FZ "On general principles organizations of local self-government in the Russian Federation". Also, on the basis of clause 2, article 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.

"This year on new scheme management of municipal solid waste (MSW) should go to 20 regions. Ivanovo and Arkhangelsk regions, Kamchatka, Krasnodar region, Magnitogorsk in Chelyabinsk region and Crimea, says Ruslan Gubaidullin, Executive Director of the Clean Country Association. - The rest of the subjects will be connected as soon as they are ready, but from January 1, 2019, everyone without exception should start the “garbage reform”. The government delayed it for 2 years (originally the changes were planned from January 1, 2017), so that all regions should have time to prepare.”

Clean up the country?

Serious changes await us. Now management companies are engaged in garbage collection, and the price is “hidden” in the total payment for housing services, which can be from 10 to 100 rubles. per 1 m2, depending on the house and city. None of us even know exactly how much we pay for garbage today. But, as soon as the removal of solid waste migrates to utilities (electricity, gas, water, heating are also there), the amount will be known, and we will start paying the regional operator.

“The garbage business is now mostly gray. The reform should put things in order in this area, clear the country of garbage. There will be new modern safe waste processing plants and landfills,” says Ruslan Gubaidullin. — All collected funds for garbage will be accumulated by the regional operator: he will be selected on a competitive basis for 10 years, he will be responsible for full cycle solid domestic waste management - from removal to processing. This means that the state will be able to control cash flows, check whether the funds are accurately spent on the construction of a new waste processing plant or not. The reform will put an end to the shadow business. There may be several regoperators in a region. For example, there will be seven zones in the Moscow region, one in the Vladimir region, and three in the Kemerovo region. Each will have its own tariff. Most likely in major cities it will be slightly less than in sparsely populated areas, where garbage will have to be transported over longer distances. It’s like with the water tariff, which is usually 2-3 times lower in cities.”

Issue price

Under the new law, everyone will have to pay for garbage, including those living in the private sector. For the villagers, this, of course, will be an unpleasant surprise, because many of them have never paid for waste - they burned the garbage, dumped it in ravines, etc. The regoperator will set the amount that will have to be paid for cleanliness. IN Ivanovo region, which is going to switch to the new scheme this summer, a tariff of 104.6 rubles has been proposed. per month per person. “The contribution is the same for the entire region. This means that a family of 5 people will have to pay 523 rubles. per month, and for a large out of ten - 1046 rubles. Where do people in the countryside get that kind of money from? - speaks co-chair public organization Ivanovo region Dmitry Safonov. — In February 2017, we analyzed payments for garbage of 600 houses in Ivanovo and district centers and came to the conclusion that with the introduction of the new tariff, they will increase by 2-2.5 times. I do not want experiments to be started in our not very rich region, so they asked to postpone the reform or reduce the tariff. The governor said that he would think until the end of June. The tariff has not been finalized.

In other regions, they are also thinking about the tariff. It is necessary that the figure suit both the regional operator and the population not be too shocked. Amounts from 50 to 150 rubles are discussed. per month per person. However, experts believe that at first they will not raise the tariff so as not to provoke discontent.