ORDER OF THE MINISTER OF ECOLOGY, GEOLOGY AND NATURAL RESOURCES OF THE REPUBLIC OF KAZAKHSTAN

of September 14, 2021 No. 373

About approval of Rules of management of ownerless waste

According to Items 5 and 6 of article 340 of the Ecological code of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Rules of management of ownerless waste.

2. Recognize invalid some orders of the Minister of Energy of the Republic of Kazakhstan according to appendix to this order.

3. To provide to department of state policy in waste management 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 from the date of its first official publication and extends to the legal relationship which arose since July 1, 2021.

Approved by the Order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of September 14, 2021 No. 373

Rules of management of ownerless waste

Chapter 1. General provisions

1. These rules of management of ownerless waste (further - Rules) are developed according to Items 5 and 6 of article 340 of the Ecological code of the Republic of Kazakhstan (further - the Code) and determine procedure for management of ownerless waste, including the ownerless dangerous wastes recognized as the judgment which arrived in republican or utility property.

2. Ownerless dangerous wastes arrive in republican and utility property by a court decision.

3. Transfer of ownerless dangerous wastes to republican property is performed by the judgment, in the presence of the consent of authorized body in the field of environmental protection on acceptance of ownerless dangerous wastes in republican property.

According to Item 3 of article 340 of the Code, the local executive body of area (the city of republican value, the capital) reveals ownerless waste, including ownerless dangerous wastes in its territory and within six months from the moment of receipt of the message on availability of such waste notifies authorized body in the field of environmental protection and takes a legal action with the requirement about recognition of such waste arrived in republican or utility property.

The authorized body in the field of environmental protection in cases of detection of ownerless waste, including ownerless dangerous wastes also takes a legal action with the requirement about recognition of this waste arrived in republican or utility property.

Territorial authorities of authorized body in the field of environmental protection participate on court sessions on transfer of dangerous wastes to republican property.

For transfer of dangerous wastes to republican property by local executive body of area (the city of republican value, the capital) the commission which part representatives of authorized body in the field of environmental protection or its territorial subdivision, local executive body (further - MIO), body of department in the field of sanitary and epidemiologic wellbeing of the population, the subordinated organization of authorized body in the field of environmental protection are (further - the Organization) is created.

By transfer of dangerous wastes to republican property to two-month term from coming into force of the judgment about their transfer to republican property the delivery-acceptance certificate of the ownerless dangerous wastes recognized as the judgment arrived in republican property in form according to appendix 1 to these rules is drawn up.

4. In compliance Item 5 of article 379 of the Code forbids waste disposal, containing resistant organic pollutants provided by international treaties of the Republic of Kazakhstan on resistant organic pollutants. Export and import of such waste are permitted only for the purposes of their destruction.

5. The organization and MIO annually till the February 1 following after accounting year represents to authorized body in the field of environmental protection electronically information on amounts, types, location, condition of the waste transferred to the control the organization or MIO, measures undertaken on management by them, as of January 1, following after accounting year.

Chapter 2. Procedure for management of ownerless dangerous wastes

6. The organization or MIO independently or with involvement of physical and (or) legal entities by means of implementation of public procurements, carries out works on:

1) to studying of dangerous properties of dangerous wastes;

2) to determination of impact of dangerous wastes per capita and environment;

3) to determination of level of danger of dangerous wastes;

4) to determination of the coding with creation of the passport of dangerous wastes according to article 343 of the Code.

The organization or MIO with involvement of the physical persons having the certificate on qualification assignment "appraiser" carries out works on cost determination of dangerous wastes according to the Law of the Republic of Kazakhstan "About public procurements" (further - the Law).

7. By results of works, according to Item 6 of these rules, the organization or MIO prepares document package according to Item 17 of these rules.

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