ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of February 4, 2008 No. 95

About approval of Rules of issue of complex ecological permissions and the list of types of industrial facilities for which receipt of complex ecological permissions instead of permissions to issues to the environment is possible

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 enclosed:

1) Rules of issue of complex ecological permissions;

2) the List of types of industrial facilities for which receipt of complex ecological permissions instead of permissions to issues to the environment is possible.

2. This resolution becomes effective after ten calendar days after the first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of February 4, 2008 No. 95

Rules of issue of complex ecological permissions

1. General provisions

1. These rules of issue of complex ecological permissions (further - Rules) are developed according to the Ecological code of the Republic of Kazakhstan of January 9, 2007 and establish procedure for issue to users of nature of complex ecological permissions.

2. Complex ecological permission is the single document certifying the right of the user of nature to perform issues to the environment with condition of implementation of the best available technologies and observance of technical standard rates of issues.

3. Complex ecological permission is issued instead of permission to issues to the environment in cases when the user of nature plans step-by-step implementation of the best available technologies providing decrease in issues in the environment and increase in efficiency of use of natural resources.

4. The best available technologies included in complex ecological permission shall correspond to the list of the best available technologies approved by the Government of the Republic of Kazakhstan.

5. The corresponding standard rates of issues and condition of environmental management are specified in complex ecological permission to the current provision (at the time of application) and at the time of completion of transition to the best available technologies.

6. If at the time of application in the Republic of Kazakhstan technical specific standard rates by the form of the production process performed by the user of nature in complex ecological permission are approved conditions on their achievement are established.

2. Procedure for issue of complex ecological permissions

7. For receipt of complex ecological permission the application in the form established according to appendix 1 to these rules with appendix of the following documents is submitted to authorized body in the field of environmental protection by the user of nature:

1) copies of the conclusions of the state environmental and sanitary and epidemiologic examination on the project of the planned activities with the Section for environmental impact assessment and on the draft of standard rates of issues containing technical specific standard rates;

2) draft of the program of transition to achievement of the best available technologies;

3) the program of production environmental control approved with authorized body in the field of environmental protection;

4) notarially attested copy of the agreement of compulsory ecological insurance for the users of nature performing ecologically dangerous types of economic and other activity.

8. Submission of requests for receipt of complex ecological permission is performed by the user of nature planning implementation of the best available technologies not later than four months before the expiration of the operating permission to issues to the environment or before commissioning of new object (new activities).

9. In time, no more than one month from the moment of registration of the request the authorized body in the field of environmental protection considers the request regarding completeness of the provided materials. During this term additional documents according to the submitted request can be requested. After this term the request is accepted for consideration or is rejected owing to insufficiency of the provided materials.

10. The accepted requests are considered by authorized body in the field of environmental protection in time, no more than three months from the date of registration of the request. After this term the authorized body in the field of environmental protection issues complex ecological permission or the decision on refusal in issue of complex ecological permission is made.

11. Complex ecological permission is issued in form, according to appendix 2 to these rules.

12. Complex ecological permission is effective until change of the applied technologies and conditions of environmental management specified in this permission.

During action of complex ecological permission the user of nature provides timely submission to authorized body in the field of environmental protection of the corresponding conclusions of the state environmental assessment in case of expiration of earlier provided.

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