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FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 24, 1998 No. 89-FZ

About production wastes and consumption

(as amended on 16-12-2019)

Accepted by the State Duma of the Russian Federation on May 22, 1998

Approved by Council of the Russian Federation on June 10, 1998

This Federal Law determines the legal basis of the treatment of production wastes and consumption for the purpose of prevention of harmful effects of production wastes and consumption on health of the person and the environment, and also involvement of such waste in economic circulation as additional sources of raw materials.

Chapter I. General provisions

Article 1. Basic concepts

In this Federal Law the following basic concepts are used:

production wastes and consumption (further - waste) - substances or objects which are formed in production process of performance of works, rendering services or in the course of consumption which are removed, are intended for removal or are subject to removal according to this Federal Law. The ground soil used according to the procedure, determined by the legislation of the Russian Federation does not belong to waste;

paragraph third ceased to be valid

the address with waste - activities for collection, accumulating, transportation, processing, utilization, neutralization, placement of waste;

placement of waste - storage and waste disposal;

storage of waste - warehousing of waste in specialized objects for more than eleven months for the purpose of utilization, neutralization, burial;

waste disposal - isolation of the waste which is not subject to further utilization in special storages for the purpose of prevention of hit of hazardous substances to the environment;

waste recycling - use of waste for production of goods (products), performance of works, rendering services, including repeated application of waste, including repeated application of waste for the intended purpose (recycling), their return to production cycle after the corresponding preparation (regeneration), extraction of useful components for their repeated application (recuperation), and also use of solid utility waste as renewable energy resource (secondary energy resources) after extraction from them useful components on the objects of processing conforming to requirements, stipulated in Item 3 articles 10 of this Federal Law (energy utilization);

neutralization of waste - reduction of lot of waste, change of their structure, physical and chemical properties (including burning, except for the burning connected with use of solid utility waste as renewable energy resource (secondary energy resources) and (or) disinfecting on specialized installations) for the purpose of decrease in negative impact of waste on health of the person and the environment;

subjects to placement of waste - specially equipped constructions intended for placement of waste (polygon, shlamokhranilishche, including sludge depot, the tailings dam, dump of rocks and another) and the including objects of storage of waste and subjects to waste disposal;

cross-border movement of waste - movement of waste from the territory which is under jurisdiction of one state on the territory (through the territory) which is under jurisdiction of other state or to the area which is not under jurisdiction of any state provided that such movement of waste at least than two states infringe on interests;

limit on placement of waste - the maximum permissible number of waste of specific type which are allowed to be placed by certain method for fixed term in subjects to placement of waste taking into account ecological situation in this territory;

the standard rate of formation of waste - assigned amount of waste of specific type in case of production of unit of production;

the passport of waste - the document certifying belonging of waste to waste of the corresponding type and class of danger, containing the information about their structure;

type of waste - set of waste which have general signs according to classification system of waste;

scrap and waste of non-ferrous and (or) ferrous metals - the products which became useless or lost the consumer properties from non-ferrous and (or) ferrous metals and their alloys, the waste formed in production process of products of non-ferrous and (or) ferrous metals and their alloys and also the unrecoverable scrap which arose in production process of the specified products;

collection of waste - acceptance of waste for the purpose of their further processings, utilizations, neutralizations, placements by person performing their processing, utilization, neutralization, placement;

transportation of waste - movement of waste by means of vehicles outside the boundaries of the parcel of land which is in property of the legal entity or individual entrepreneur or provided to them on other rights;

accumulating of waste - warehousing of waste for term no more than eleven months for the purpose of their further processings, utilizations, neutralizations, placements;

processing of waste - preliminary preparation of waste for further utilization, including their sorting, disassembly, cleaning;

solid utility waste - the waste which is formed in premises in the course of consumption by physical persons and also the goods which lost the consumer properties in the course of their use by physical persons in premises for the purpose of satisfaction of personal and domestic needs. The waste which is formed in the course of activities of legal entities, individual entrepreneurs and similar on structure to the waste which is formed in premises in the course of consumption by physical persons also belongs to solid utility waste;

the standard rate of accumulating of solid utility waste - the average number of the solid utility waste which is formed in unit of time;

subjects to waste disposal - the subsoil plots provided in use in accordance with the established procedure, underground constructions for waste disposal of the I-V classes of danger in accordance with the legislation of the Russian Federation about subsoil;

objects of storage of waste - specially equipped constructions which are equipped according to requirements of the legislation in the field of environmental protection and the legislation in the field of ensuring sanitary and epidemiologic wellbeing of the population and are intended for long-term warehousing of waste for the purpose of their utilization of subsequent, neutralization, burial;

subjects to neutralization of waste - specially equipped constructions which are equipped according to requirements of the legislation in the field of environmental protection and the legislation in the field of ensuring sanitary and epidemiologic wellbeing of the population and are intended for neutralization of waste;

the operator according to the address with solid utility waste - the individual entrepreneur or the legal entity performing activities for collection, transportation, processing, utilization, neutralization, burial of solid utility waste;

the regional operator according to the address with solid utility waste (further also - the regional operator) - the operator according to the address with solid utility waste - the legal entity who shall sign the service provision agreement according to the treatment with solid utility waste of the owner of solid utility waste which are formed and which places of accumulating are in zone of activities of the regional operator;

groups of homogeneous waste - the waste classified by one or several signs (origin, education conditions, chemical and (or) component composition, aggregate state and physical shape);

balance of quantity characteristics of education, utilization, neutralization, burial of solid utility waste in the territory of the subject of the Russian Federation - ratio of number of the formed solid utility waste and quantity characteristics of their utilization, neutralization, burial, transfer to other subjects of the Russian Federation (receipt from other subjects of the Russian Federation) for subsequent utilization, neutralization, burial;

waste from use of goods - the waste formed after loss by goods, packaging of goods fully or partially of the consumer properties;

the paragraph the thirty first ceased to be valid according to the Federal Law of the Russian Federation of 31.12.2017 No. 503-FZ

the federal operator according to the address with waste of I and II classes of danger - the legal entity authorized according to this Federal Law to provide and perform activities for the address with waste of I and II classes of danger in the territory of the Russian Federation (further also - the federal operator);

the Russian ecological operator - the public company created according to the presidential decree of the Russian Federation for the purpose of forming of complex system of the address with solid utility waste, ensuring management of the specified system, prevention of harmful effects of such waste on health of the person and the environment, involvement of such waste in economic circulation as raw materials, materials, products and transformation into secondary resources for production of new products and (or) receipt of energy and also for the purpose of resource-saving;

the operator according to the address with waste of I and II classes of danger - the individual entrepreneur or the legal entity who have rights according to this Federal Law to perform activities for the address with the waste of I and II classes of danger received from other individual entrepreneurs, legal entities as a result of whose economic and (or) other activity waste of I and II classes of danger are formed and have licenses for activities for collection, transportation, processing, utilization, neutralization, placement of waste of the I-IV classes of danger concerning the corresponding work types with waste of I and II classes of danger.

Article 2. Legal regulation in the field of the address with waste

1. Legal regulation in the field of the address with waste is performed by this Federal Law, other laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation, and also municipal regulatory legal acts.

2. The relations in the field of the treatment of radioactive waste, with biological waste, with medical waste, the substances destroying ozone layer (except as specified if such substances are part of products which lost the consumer properties), with emissions of hazardous substances in the atmosphere and with dumpings of hazardous substances into water objects are regulated by the relevant legislation of the Russian Federation.

3. The relations connected with placement in layers of rocks of passing waters, the waters used by subsoil users for own production and technological needs in case of exploration and production of hydrocarbonic raw material of the waters which are formed at the subsoil users performing exploration and production, and also primary conversion of potassium and magnesian salts are regulated by the legislation of the Russian Federation on subsoil.

Article 3. The basic principles and the priority directions of state policy in the field of the address with waste

1. The basic principles of state policy in the field of the address with waste are:

health protection of the person, maintenance or recovery of favorable state of environment and preserving biological diversity;

evidence-based combination of ecological and economic interests of society for the purpose of ensuring sustainable development of society;

use of the best available technologies in case of the address with waste;

complex conversion of material raw material resources for the purpose of reduction of number of waste;

use of methods of economic regulation of activities in the field of the address with waste for the purpose of reduction of number of waste and their involvement in economic circulation;

access in accordance with the legislation of the Russian Federation to information in the field of the address with waste;

participation in international cooperation of the Russian Federation in the field of the address with waste.

2. The directions of state policy in the field of the address with waste are priority in the following sequence:

maximum use of initial raw materials and materials;

prevention of formation of waste;

reducing formation of waste and decrease in class of danger of waste in sources of their education;

processing of waste;

waste recycling;

neutralization of waste.

Article 4. Waste as property right object

The property right to waste is determined according to the civil legislation.

Article 4.1. Classes of danger of waste

Waste depending on degree of negative impact on the environment is subdivided according to the criteria established by the federal executive body performing state regulation in the field of environmental protection on five classes of danger:

The I class - extremely dangerous wastes;

The II class - highly hazardous waste;

III class - moderately dangerous wastes;

The IV class - low-dangerous wastes;

The V class - almost harmless waste.

Chapter II. Powers of the Russian Federation, subjects of the Russian Federation and local government bodies in the field of the address with waste

Article 5. Powers of the Russian Federation in the field of the address with waste

In the field of the address with waste treat powers of the Russian Federation:

development and adoption of the Federal Laws and other regulatory legal acts of the Russian Federation in the field of the address with waste;

carrying out in the Russian Federation single state policy in the field of the address with waste;

paragraph fourth ceased to be valid;

implementation of the state supervision in the field of the address with waste on the objects of economic and other activity which are subject to federal state ecological supervision according to the list of such objects established by authorized federal executive body;

determination of competence of authorized federal executive bodies in the address with waste;

ceased to be valid

licensing of activities in the field of the treatment of dangerous wastes;

licensing of activities for collection, transportation, processing, utilization, neutralization, placement of waste of the I-IV classes of danger;

establishment of federal regulations and rules, the standard rates aimed at providing safe handling of waste, according to the procedure, established by the Government of the Russian Federation;

the organization of the state accounting and the reporting in the field of the address with waste;

providing the population with information in the field of the address with waste;

determination of procedure for maintaining the state inventory of waste and organization of its maintaining, and also determination of rules of inventory count of subjects to placement of waste;

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