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

of November 24, 2022 No. 717

About approval of rules of the address with resistant organic pollutants and the waste containing them

According to Item 6 of article 402 of the Ecological code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan "About ratification of the Stockholm convention on resistant organic pollutants", the Law of the Republic of Kazakhstan "About accession of the Republic of Kazakhstan to the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal", I ORDER:

1. Approve the enclosed Rules of the address with resistant organic pollutants and the waste containing them.

2. Declare invalid the order of the Minister of environmental protection of the Republic of Kazakhstan of February 24, 2012 No. 40-O "About approval of Rules of the address with resistant organic pollutants and waste, them containing" (it is registered in the Register of state registration of regulatory legal acts for No. 7480).

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 the 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.

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

S. Brekeshev

It is approved

Ministry of Finance of the Republic of Kazakhstan

 

It is approved

Ministry of national economy of the Republic of Kazakhstan

 

Approved by the Order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan of November 24, 2022 No. 717

Rules of the address with resistant organic pollutants and the waste containing them

Chapter 1. General provisions

1. These rules are developed according to requirements of Item 6 of article 402 of the Ecological code of the Republic of Kazakhstan (further – the Code), the Law of the Republic of Kazakhstan "About ratification of the Stockholm convention on resistant organic pollutants" (further – the Stockholm convention), the Law of the Republic of Kazakhstan "About accession of the Republic of Kazakhstan to the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal" (further – the Basel convention).

Rules are developed for the purpose of providing ecological safety in case of the address of co by resistant organic pollutants (further – SOZ) and the waste containing them in the Republic of Kazakhstan.

2. Action of Rules extends:

1) on physical persons and legal entity, being owners or having rights of possession, uses, orders of SOZ, SOZ-soderzhashchimi waste and the equipment which is containing or potentially containing SOZ;

2) on physical persons and legal entity activities of which can entail education and emission in the atmosphere and objects of the environment of SOZ and/or SOZ-waste;

3) on the persons who are not owners of SOZ, SOZ-soderzhashchikh waste and the equipment which is containing or potentially containing SOZ, but engaged in any kinds of management with above-mentioned categories of the equipment, substances and waste;

4) on owners of lands or buildings where are temporarily stored SOZ-soderzhashchiye substances, SOZ-soderzhashchiye waste, SOZ-zagryaznennoye the equipment or the equipment which is potentially containing SOZ.

3. In these rules the following determinations are used:

1) the address with waste (waste management) - the transactions performed concerning waste from the moment of their education before final removal;

2) resistant organic pollutants – the provided by the international treaties ratified by the Republic of Kazakhstan, most dangerous organic compounds steady against decomposition which are characterized by bio-accumulation and being subject to cross-border transfer by air, water and the migrating types, and also besieged at a great distance from source of their emission, accumulating in ecosystems of the land and water ecosystems, the causing destructions of immune, endocrine systems of live organisms and different diseases, including oncological;

3) the polychlorinated diphenyls (polychlorinated diphenyls) (further - PHD) – group of the steady liquid, resinous or crystal mixes consisting of the organic components received in case of reaction of chlorine with diphenyl;

4) the reservoirs certified by the United Nations (further – the UN-certified reservoirs) – the metal barrels, containers permitted for transportation of waste according to the Law of the Republic of Kazakhstan "About accession of the Republic of Kazakhstan to the European agreement on the international road delivery of dangerous goods";

5) remediation – complex of actions for elimination of ecological damage by means of recovery, reproduction of component of the environment to which the ecological damage was caused, or if the ecological damage is fully or partially disaster, substitutions of such component of the environment.

4. Decrease in concentration PHD-soderzhashchikh in substances by dilution, mixing with any solid or liquid materials is not allowed.

5. The owner includes in the Management program waste information on the address with SOZ, SOZ-soderzhashchim the equipment and SOZ-soderzhashchimi waste.

6. The owner notifies territorial subdivisions of authorized body in the field of environmental protection in the following cases concerning the address with PHD-soderzhashchim the equipment, SOZ-soderzhashchikh substances and waste:

1) in need of dismantle of electric equipment of groups 1; in need of repair of electric equipment of group 1, the case requiring depressurization, discharge PHD-soderzhashchikh of liquids, extraction of internal components;

2) in case of change of location of electric equipment of group 1, PHD-soderzhashchikh substances and waste;

3) in case of conclusion from operation and/or transfer in category of waste of electric equipment of group 1 or another PHD-soderzhashchego the equipment;

4) when transporting electric equipment of group 1, PHD-soderzhashchego the equipment and SOZ-waste out of limits of the company;

5) in case of assignment of rights of property on group electric equipment 1, SOZ the containing waste, SOZ-soderzhashchiye substances and SOZ-soderzhashchee the equipment, to the legal entity, in the presence at it the confirmed technical capabilities for ecologically safe handling with SOZ-soderzhashchimi substances, materials and waste, PHD-soderzhashchim the equipment and waste: the trained technicians; the equipped rooms for operation of the PHD-equipment; the equipped warehouse for temporary storage of the waste packed SOZ-soderzhashchikh; and/or technology for ecologically safe destruction SOZ-soderzhashchikh of waste.

7. The notification is performed by giving in paper and/or electronic type of the updated Register of accounting of the electric equipment filled with liquid dielectrics, including records only on that equipment in which status there were above-mentioned changes. The updated Register is constituted in form, according to appendix 1 to these rules and it is provided in territorial subdivisions of authorized body in the field of environmental protection at least in 60 calendar days prior to the planned date of change of the status of the equipment, substances or waste. Along with the updated Register the cover letter with information on situation, the reasons and reasons for change of the status of the equipment, substances and waste moves.

Chapter 2. The address with resistant organic pollutants and the waste containing them

The paragraph 1 Address with PHD-soderzhashchim the equipment

8. All oil-filled electric equipment, and also the equipment regardless of its status intended for the treatment of electric insulation liquids at least than 1 liter which is available for the owner in amount (1 decimeter cubic) are subject to inventory count. PHD-inventory count is carried out by own forces or with attraction of third parties.

9. The owner carries out inventory count of all electric equipment which is subject to PHD-inventory count, except as specified, when the owner carried out two stages PHD of inventory count earlier, received results of laboratory analyses, handed over the Register of PHD of the equipment in authorized body in the field of environmental protection and brought all PHD which are available for it waste in the Inventory of production wastes and consumption.

10. The owner of oil-filled electric equipment and PHD-soderzhashchikh the waste formed in case of its operation develops the Plan for carrying out PHD-inventory count of electric equipment regarding PHD availability in form, according to appendix 2 to these rules.

11. The plan for carrying out PHD-inventory count affirms the Order of the director and includes the following events:

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