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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of June 27, 2007 No. 535

About approval of Rules of economic evaluation of damage from environmental pollution

(as amended on 22-04-2015)

According to article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of economic evaluation of damage from environmental pollution.

2. Declare invalid the order of the Government of the Republic of Kazakhstan of May 31, 2006 No. 486 "About approval of Rules of establishment of economic evaluation of damage from environmental pollution" (SAPP of the Republic of Kazakhstan, 2006, No. 20, the Art. 199).

3. This resolution becomes effective after ten calendar days from the date of the first official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of June 27, 2007 No. 535

Rules of economic evaluation of damage from environmental pollution

1. These rules of economic evaluation of damage from environmental pollution (further - Rules) are developed according to the subitem 7) of article 16 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 and determine procedure for economic evaluation of damage caused to the environment.

2. The economic evaluation of damage caused to the environment is established by officials in the field of environmental protection in case of identification of violations of the ecological legislation during implementation of the state environmental control.

3. Officials of authorized body in the field of environmental protection in a month, from the date of factual determination of drawing environmental damage carry out collection and the analysis of required materials and determine economic evaluation of damage from environmental pollution.

4. The economic evaluation of damage is performed direct or indirect by methods, depending on whether the complete liquidation of the caused damage by actions for recovery of the environment is possible.

5. The economic evaluation of damage is performed by direct method according to article 109 of the Ecological code.

6. The indirect method of economic evaluation of damage is applied to cases of pollution of atmospheric air, water resources, illegal use by subsoil, and also placements of production wastes and consumption, including the radioactive, superestablished standard rates, and above-standard withdrawal of natural resources, according to article 110 of the Ecological code of the Republic of Kazakhstan.

7. The indirect method of economic evaluation of damage is based on difference between the actual impact on the environment and the established standard rate by all types of pollutants, and also proceeding from the size of monthly settlement indicator, levels of ecological danger and environmental risk.

8. Excess of standard rates over established is determined by tool measurement, or settlement way according to the technique of determination of standard rates of issues approved in the procedure established by the legislation to the environment.

Transfer of the actual mass of pollutant in conditional tons is made by multiplication of its weight in tons on coefficient of danger (Ai), equal 1/PDK substance.

9. Level of the ecological danger caused by violation of the ecological legislation and also environmental risk is determined by officials of authorized body in the field of environmental protection based on the criteria given in appendices 1, 2 to these rules.

10. The economic evaluation of damage from pollution of atmospheric air from stationary sources, pollution of water resources, placement of production wastes and consumption of the superestablished standard rates is performed according to the calculations provided by appendix 3 to these rules.

11. Calculation according to appendix 4 to these rules is applied to determination of economic evaluation of damage from pollution of atmospheric air from portable sources of the superestablished standard rates.

12. The economic evaluation of damage from placement in the environment of the superestablished standard rates of radioactive waste, sources of ionizing radiation, and also from the construction materials placed in the environment, tails and slimes of mining, waste and miner waters is established according to the calculation provided by appendix 5 to these rules.

13. If environmental pollution, placement of waste happened without receipt of ecological permission, calculation formulas according to appendix 3 to these rules where standard rates of issues to the environment are accepted equal to zero are applied.

14. The economic evaluation of damage from pollution of underground waters is determined by direct method by the cost of actions for their cleaning or indirect method, proceeding from the actual amount of unauthorized dumping of sewage.

15. Pollution of hydrographic network soil owing to destruction of project and off-project dikes, dams, roads, and also owing to formation of the gullies and ravines provoked by economic activity is accepted as to emergency dumping of suspended particles of the soil dumped in hydrographic network.

The economic evaluation of damage of such pollution is determined according to Item 2 of appendix 3 to these rules.

16. The economic evaluation of damage from unauthorized production of popular minerals (further - OPI), underground waters, therapeutic muds, or illegal use is determined by them in tenfold size of cost of the extracted minerals and/or the made commodity product received from OPI, underground waters, therapeutic muds. The cost of the got OPI, underground waters, therapeutic muds and the made commodity product is determined proceeding from average market price of realization of commodity product for the period not over a quarter, since date of identification of violation.

In case of lack of realization of commodity product, the cost of the got OPI, underground waters, therapeutic muds is determined proceeding from the average market prices which developed at the users of nature performing similar activities in this administrative and territorial unit in the quarter preceding quarter in which violation is revealed. The specified data are requested in authorized body on studying and use of subsoil or local executive bodies.

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