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

of August 22, 2022 No. 579

About approval of Rules of forming by the operator of polygon of liquidating fund

According to Item 16 of article 350 of the Ecological code of the Republic of Kazakhstan and the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" I ORDER:

1. Approve the enclosed Rules of forming by the operator of polygon of liquidating fund.

2. Declare invalid the order of the Minister of Energy of the Republic of Kazakhstan of November 13, 2014 No. 125 "About approval of Rules of forming of liquidating funds of polygons of placement of waste" (registered in the Register of state registration of regulatory legal acts for No. 10015).

3. To provide to department of state policy of waste management of the Ministry of ecology, geology and natural resources of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

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 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 ten calendar days after day of its first official publication.

Approved by the Order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of August 22, 2022, No. 579

Rules of forming by the operator of polygon of liquidating fund

Chapter 1. General provisions

1. These rules of forming by the operator of polygon of liquidating fund (further – Rules) are developed according to Item 16 of article 350 of the Ecological code of the Republic of Kazakhstan (further – the Code) and determine procedure for forming of liquidating fund of polygon of waste disposal (further – liquidating fund).

2. In these rules the following concepts are used:

1) waste disposal polygon (further – polygon) – specially equipped place of permanent placement of waste without intention of their withdrawal conforming to ecological, construction and sanitary and epidemiologic requirements;

2) the operator of polygon – physical person or legal entity in which legal use there is polygon;

3) No. 233 is excluded according to the Order of the Minister of Ecology and Natural Resources of the Republic of Kazakhstan of 02.08.2023

3. The liquidating fund is created by the operator of polygon for its closing, recultivation of lands, conducting monitoring of impact on the environment and control of pollution after closing of polygon.

Chapter 2. Procedure for forming of liquidating fund

4. For forming of liquidating fund by the operator of polygon in the project of polygon amount of works is determined by closing, recultivation of lands, conducting monitoring of impact on the environment and to control of pollution after closing of polygon, and also means, necessary for accomplishment of these works. Also, it is necessary to provide entering of adjustments into the work plan in the project of polygon and cost amounts on their realization.

5. Based on the project of polygon the operator of polygon develops the total estimated cost which shall include all expenses connected with the works specified in the project of polygon. The specified costs are calculated on expected works start date on liquidation taking into account the inflation index.

6. The liquidating fund is created due to the annual assignments performed by the operator of polygon from start date of operation of polygon. Annual contributions to liquidating fund are determined by the operator of polygon in direct ratio of the total estimated cost of liquidation costs of polygon counting on the period (the number of years) after which the polygon is liquidated.

7. Annual contributions to liquidating fund are made by the operator of polygon into the separate account in banks of the second level in the territory of the Republic of Kazakhstan. The operator of the polygon which is in utility property for forming of liquidating fund opens in the central authorized body on budget implementation the control account of cash of temporary placement of money.

8. The operator of polygon annually during the first quarter of the year following reporting informs authorized body in the field of environmental protection on the contributions to liquidating fund made by it according to appendix.

Appendix

to Rules of forming by the operator of polygon of liquidating fund

See Appendix

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