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I.O.'S ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of August 9, 2021 No. 319

About approval of Rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling

According to Item 7 of Article 106 and Item 2 of article 112 of the Ecological code of the Republic of Kazakhstan, the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" I ORDER:

1. Approve Rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling according to appendix 1 to this order.

2. Declare invalid some orders according to appendix 2 to this order.

3. To provide to committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan after its official publication;

3) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

4. To impose control of execution of this order on the supervising vice-minister of ecology, geology and natural resources of the Republic of Kazakhstan.

5. This order becomes effective after sixty calendar days after day of its first official publication.

Acting Minister of ecology, geology and natural resources of the Republic of Kazakhstan

A. Primkulov

It is approved

Ministry of Agriculture of the Republic of Kazakhstan

 

It is approved

Ministry of Health of the Republic of Kazakhstan

 

It is approved

Ministry of the industry and infrastructure development of the Republic of Kazakhstan

 

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of Trade and integration of the Republic of Kazakhstan

 

It is approved

Ministry of Emergency Situations of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

It is approved

Department of Energy of the Republic of Kazakhstan

 

 

Appendix 1

to the Order of the Acting Minister of ecology, geology and natural resources of the Republic of Kazakhstan of August 9, 2021 No. 319

Rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling

Chapter 1. General provisions

1. These rules of issue of ecological permissions, submission of the declaration on impact on the environment, and also blank forms of ecological permission to impact and procedure for their filling (further - Rules) are developed according to Item 7 Article 106 and Item 2 of article 112 of the Code of the Republic of Kazakhstan (further - the Code), the subitem 1) of article 10 of the Law of the Republic of Kazakhstan "About the state services" (further - the Law) and determine procedure for issue of ecological permissions, provisions of the declaration on impact on the environment, and also establish requirements to blank form of ecological permission to impact and procedure for their filling.

2. The basic concepts and determinations used in Rules:

1) personal account - the electronic office of uslugopoluchatel intended for filing of application for entering of data into the State register of the rights to the objects protected by copyright and their changes;

2) the digital signature (further - the EDS) - set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content.

3) emission of pollutants - intake of pollutants in atmospheric air from emission sources;

4) release of sewage - the device and the place of dumping of sewage into superficial and underground water objects, subsoil or on the land surface;

5) the declaration on impact on the environment - the document constituted by the applicant on approved by authorized body in the field of permissions and notifications, informing on the beginning of activities;

6) environmental pollution - presence at atmospheric air, surface and underground water, the soil or on the land surface of pollutants, heat, noise, vibrations, electromagnetic fields, radiation in quantities (concentration, levels) exceeding the ecological standard rates of quality of the environment established by the state;

7) pollutants - any substances in firm, liquid, gaseous or vaporous state which in case of their receipt to the environment owing to the quality or quantity characteristics break natural balance of the environment worsen quality of components of the environment, are capable to do ecological damage or harm to life and (or) health of the person;

8) the interested state bodies - state bodies, local executive bodies which functions can be affected in case of realization of object;

9) the mentioned territory - the territory within which the environment and the population can be subject to essential impacts of the planned activities;

10) waste disposal limit - the extreme number (weight) of waste by their types permitted for the burial on polygon which is part of objects I and II of categories;

11) limit of accumulating of waste - the extreme number (weight) of waste by their types permitted for warehousing in the appropriate place of accumulating for each specific place which is part of objects I and II of categories;

12) marker pollutants - the most significant for issues of specific type of production or engineering procedure pollutants which get out of group characteristic of such production or engineering procedure of pollutants and by means of which it is possible to estimate values of emissions of all pollutants entering into group;

13) the best available technicians (BAT) - the most effective and advanced stage of development of types of activity and methods of their implementation which testifies to their practical suitability to form basis of establishment of the technological standard rates and other ecological conditions directed to prevention or if it is almost impracticable, minimization of negative anthropogenous impact on the environment;

14) the standard rate of admissible emission - the ecological standard rate which is established in ecological permission and is determined as the maximum mass of pollutant or mix of pollutants, admissible (permitted) for emission in atmospheric air;

15) the standard rate of admissible dumping - the ecological 1 standard rate which is established in ecological permission and is determined as amount (weight) of pollutant or mix of pollutants in sewage, most admissible (permitted) to dumping in unit of time;

16) the standard rate of admissible physical impact - the ecological standard rate which is established for each source in type of admissible levels of impact of heat, noise, vibration, ionizing radiation, intensity of electromagnetic fields and other physical impacts on environment components in case of which negative physical impact from such source in total with all other sources will not lead to exceeding of the established maximum permissible levels of physical impacts on the environment;

17) standard rates of issues - extreme set of quantitative and qualitative indexes of the issues established in ecological permission;

18) category object I and II - stationary technological object (the company, production) within which one or several types of activity specified in Section 1 (for category objects I) or Section 2 (for category objects II) appendices 2 to the Code are performed and also technologically directly related any other types of activity which are performed within the same industrial platform on which object is placed and can have significant effect on amount, quantity and (or) intensity of issues and other forms of negative impact of such object on the environment;

19) category object III - construction object (the building, construction or their complex) or the platform within which the types of activity specified in the Section 3 of appendix 2 to the Code are performed;

20) the actions plan on environmental protection - appendix to ecological permission to impact, the containing list of the actions directed to decrease in negative impact on the environment necessary for ensuring compliance with the established standard rates of issues, limits of accumulating and waste disposal, limits of placement of sulfur in open form on sulfuric cards (when carrying out transactions on investigation and (or) hydrocarbon production);

21) the program of increase in ecological efficiency - the appendix to complex ecological permission providing the schedule of the planned actions for reconstruction, rearmament, upgrade of object I of category directed to achievement of technological standard rates, standard rates of issues;

22) the program of production environmental control - appendix to ecological permission for objects I or II of categories, aimed at providing ecological efficiency evaluation of production process on the basis of measurements and (or) calculations of level of issues to the environment, harmful production factors, and also the actual amount of consumption of natural, energy and other resources;

23) dumping of pollutants - intake of the pollutants containing in sewage in superficial and underground water objects, subsoil or on the land surface;

24) technological standard rates - the ecological standard rates established in complex ecological permission in type:

extreme amount (weight) of marker pollutants per unit of amount of issues;

the number of consumption of electrical and (or) heat energy, other resources counting on unit of time or unit of the made products (goods), the performed work, the rendered service;

25) ecological conditions - the individual requirements imposed to construction and operation of objects I and II of categories for the purpose of ensuring compliance with the ecological requirements, applicable to such activities, established by the ecological legislation of the Republic of Kazakhstan, and also the conclusions containing in the conclusions by results of environmental impact assessment;

26) ecological permission - the document certifying the right of individual entrepreneurs and legal entities to implementation of negative impact on the environment and determining ecological conditions of implementation of activities;

27) complex ecological permission - the document aimed at providing complex prevention of environmental pollution using the best available the technician, minimization and control of negative anthropogenous impact on the environment;

28) ecological permission to impact - ecological permission for objects II of category and category objects I put into operation till July 1, 2021;

29) issues - intake of the pollutants released from anthropogenous objects in atmospheric air, waters, on the earth or under its surface.

Chapter 2. Procedure for issue of ecological permissions

Paragraph 1. Procedure for issue of complex ecological permission

3. The state service "Issue of Complex Ecological Permission" appears Committee of ecological regulation and control of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan and its territorial subdivisions (further - the service provider).

4. For receipt of the state service "Issue of Complex Ecological Permission" the uslugopoluchatel addresses the service provider through web - the portal of "the electronic government" www.egov.kz (further - the portal) by filing of application in form according to appendix 1 to these rules (further - the statement) with application of documents, the documents necessary for rendering the state service of the standard of the state service "Issue of Complex Ecological Permission" specified in the list (further - the standard of the state service) according to appendix 2 to these rules.

5. The office of the service provider registers on the portal the statement with the enclosed documents in day of its receipt and sends to the contractor of the service provider.

The contractor of the service provider receives data on identity documents, on state registration (re-registration) of the legal entity or the individual entrepreneur, permissions, the conclusions of the state environmental assessment on projects of the planned activities with materials of environmental impact assessment and standard rates of issues from the corresponding state information systems through lock of "the electronic government".

The contractor of the service provider within five working days from the date of registration of the documents submitted by uslugopoluchatel checks them regarding completeness. In case of representation of incomplete document package and (or) documents with the expired effective period the refusal in consideration in the form of the electronic document signed by the EDS of the head of the service provider with motivated reasons for reasons for rejection in form according to appendix 3 to these rules goes.

The list of the main requirements to rendering the state service including characteristics of process, form, content and result of rendering the state service are stated in the standard of the state service according to appendix 2 to these rules.

6. According to Item 2 of article 115 of the Code, within five working days from the date of registration of a statement (further - KER) the service provider checks it for receipt of complex ecological permission regarding completeness and completeness. During the specified term the statement is taken cognizance or rejected in case of representation of incomplete document package and (or) incomplete data with indication of return reasons of such statement.

In the presence in the statement on receipt of complex ecological permission of all required data and the enclosed documents the authorized body in the field of environmental protection carries out the state environmental assessment of the project documentation on construction and (or) operation of objects I of category according to the subitem 1) of Item 1 of article 88 of this Code and during the term specified in part one of this Item directs taken cognizance application with the documents attached to it to the structural divisions, and also to the following interested state bodies for receipt from them of notes and offers concerning the necessary ecological conditions which are subject to inclusion in complex ecological permission within their competences:

1) in state body in the field of sanitary and epidemiologic wellbeing of the population;

2) in the authorized body performing regulation in the corresponding industry to which object belongs;

3) in other authorized state bodies whose competence includes issue of the permissions necessary for implementation of activities for construction and operation of object;

4) in local executive body of area, the cities of republican value, the capital in the territory of which it is located or object will be located.

If object is located or will be located within the territories of two or more areas, the cities of republican value, the capital, the statement with the enclosed documents is subject to the direction in each relevant local executive body;

5) with assistance of the Ministry of Foreign Affairs of the Republic of Kazakhstan - to the state on which state of environment the construction and (or) operation of object can make essential adverse effect if need of holding cross-border procedures for decision making about permission of such activities is provided by international treaties of the Republic of Kazakhstan or is established in the conclusion by results of environmental impact assessment.

7. Structural divisions of authorized body in the field of environmental protection and other interested state bodies consider the application on receipt of KER within the competences (protection of atmospheric air, water resources, waste management, control of noise level and other physical impact), and provide expert opinions within twenty five working days from the date of receipt of the statement in form according to appendix 4 to these rules concerning the necessary ecological conditions which are subject to inclusion in KER within their competences.

At stage of conducting the state environmental assessment, in the presence of notes to the statement on issue of KER and (or) to the documents attached to it, the service provider sends notes to the applicant during the term specified in part one of this Item after adoption of the statement to consideration.

The state environmental assessment according to subitem part two 9) of Item 1 of article 87 of the Code is carried out within the procedure of issue of ecological permissions and the separate conclusion of the state environmental assessment is not issued.

8. Directed comments are resolved by the applicant within ten working days from the date of the direction of notes. In case of not elimination of notes in the specified time the motivated refusal in issue of complex ecological permission in form according to appendix 3 to these rules is issued to the applicant.

9. After elimination by the applicant of all notes the service provider prepares the KER project with involvement of internal and (or) external experts taking into account the received notes and offers, and also the applicant's line items, and sends such project to the applicant. The applicant within five working days provides the line item according to the introduced draft KER.

10. The authorized body performing regulation in the corresponding industry to which object belongs and local executive body of area, the cities of republican value, the capital in the territory of which it is located or will be located object, can provide the conclusions and notes concerning the ecological terms and other parts of the statement and its appendices offered for KER.

11. The conclusions of the interested state bodies received by authorized body in the field of environmental protection after the expiration determined by Item 8 of these rules are not subject to the direction to the applicant and accounting in case of decision making according to the statement.

12. In case of consideration of the application on receipt of KER the service provider with involvement of external experts according to article 93 of the Code considers the received notes and the decisions of the interested state bodies, and also proposals of the applicant and constitutes reasons for the reasons of decision making about issue of complex ecological permission, according to the subitem 3) of Item 1 of article 112 of the Code in form according to appendix 5 to these rules.

13. The service provider within five working days after receipt of the answer of the applicant or results of consideration of disagreements according to part five of Item 6 of article 115 of the Code, makes the decision on issue of KER or on refusal in its issue.

14. The arising disagreements under the terms, included in the KER project, are permitted by commission of experts according to the procedure, stipulated in Article 74 Codes.

15. In case of refusal in issue of complex ecological permission according to article 117 of the Code the service provider directs motivated refusal in rendering the state service, in electronic form, the head of the service provider signed by the EDS.

16. The service provider after decision making about issue of KER, during term, stipulated in Item 13 these rules draws up KER for issue to the applicant in form according to appendix 6 to these rules.

On the portal the result of rendering the state service is kept in "personal account" of uslugopoluchatel, in the form of the electronic document signed by the EDS of the authorized person of the service provider.

17. In case of renewal of KER uslugopoluchatel submit to the service provider through the portal the application for renewal of KER in form according to appendix 10 to these rules with application of documents specified in the list of the documents necessary for rendering the state service of the standard of the state service according to appendix 2 to these rules.

18. The office of the service provider registers on the portal the statement on renewal of KER with the enclosed documents in day of its receipt and sends to the contractor of the service provider.

To Uslugopoluchatel information on the status of consideration of request for rendering the state service, and also the notification with indication of date and time of receipt of result of the state service goes to "personal account".

The contractor of the service provider receives data on identity documents, on state registration (re-registration) of the legal entity or the individual entrepreneur, permissions, the conclusions of the state environmental assessment from the corresponding state information systems through lock of "the electronic government".

19. The contractor of the service provider within five working days from the date of registration of the documents submitted by uslugopoluchatel considers on compliance to requirements of article 118 of the Code.

In case of non-presentation of the relevant documents specified in Item 8 of the standard of the state service, or submission of the document with the expired effective period the refusal in consideration in the form of the electronic document signed by the EDS of the head of the service provider with motivated reasons for reasons for rejection in form according to appendix 3 to these rules goes.

In case of submission of the documents conforming to requirements of article 118 of the Code, the service provider renews KER for issue to uslugopoluchatel in form according to appendix 6 to these rules.

20. On the portal the result of rendering the state service is kept in "personal account" of uslugopoluchatel, in electronic form, the authorized person of the service provider signed by the EDS.

21. The service provider provides entering of data into information system of monitoring of rendering the state services on stage of rendering the state service according to the procedure, established by authorized body in the field of informatization according to the subitem 11) of Item 2 of article 5 of the Law.

22. According to Item 1 of article 118 of the Code, KER is subject to revision in parts or in full in cases:

1) entering of the essential changes by the operator into the planned or performed activities requiring evaluating impact on the environment according to subitems 3) and 4) of Item 1 of article 65 of the Code;

2) approvals of the new conclusion on the best available technicians in connection with adoption of the new reference book on the best available technicians on the respective areas of their application establishing requirements to which object concerning which such complex ecological permission is issued does not correspond;

3) modification of the program of increase in ecological efficiency according to the Code.

23. In case of review of KER the applicant through the portal submits the application for review of KER in form according to appendix 1 to these rules.

24. The operator submits the application for review of KER in cases, stipulated in Item 22 these rules not later than:

1) in six months prior to expected start date of realization by the operator of essential changes in the performed activities;

2) within three months from approval date of the new conclusion on the best available technicians on the respective areas of their application according to the subitem 2) Item 22 of these rules.

25. When entering of the essential changes by the operator into the planned or performed activities requiring evaluating impact on the environment, the operator of installation when planning the changes on object causing positive or negative environmental impact estimates expected changes regarding compliance to their subitem 1) of Item 1 of article 118 of the Code. In this regard, it is necessary to estimate nature of change by criteria, stipulated in Item the 2nd to article 65 of the Code, to carry out the corresponding assessment or screening of impact of the planned activities regarding influence on ecological conditions of KER of the planned changes causing positive or negative impact on the environment.

26. In case the offered changes influence ecological conditions of KER, making negative impact on the environment, the operator creates the statement on review of KER in form according to appendix of 1 these rules.

27. The changes included in appendices to KER are subject to assessment of potential influence on ecological conditions.

28. In case the authorized body in the field of environmental protection receives the description of the planned changes which are not influencing observance of conditions of KER, he estimates the acquired information within five working days.

In case there are also no received data enough need to change KER conditions, the authorized body in the field of environmental protection renews KER according to Item 5 of article 118 of the Code.

In case the change planned on object requires review of conditions of KER, to the operator together with the answer the inquiry for filing of application for review of KER is sent.

29. The operator of installation estimates the changes established in the new conclusion on NDT with the conditions determined in KER and determines need of review or receipt of new complex ecological permission.

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