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LAW OF THE REPUBLIC OF TAJIKISTAN

of May 10, 2002 No. 44

About production wastes and consumption

(as amended on 28-06-2011)

This Law governs the relations arising in the course of education, collection, storage, use, transportation, neutralization and waste disposal, and also public administration, supervision and control in the field of the address with waste and is designed to promote prevention of negative impact of production wastes and consumption on the environment and health of the person in case of the treatment of them, and also to their involvement in economic and production turnover as additional source of raw materials.

CHAPTER 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

- waste - any substances, materials and objects which are formed in the course of human life and activities and has no further use in the place of their education or detection and of which their owner gets rid, has intention or shall get rid by utilization or removal.

- consumer wastes - the products, materials, substances which lost fully or partially the consumer properties in the course of consumption:

- secondary raw materials - production wastes and consumption, collected (prepared) and prepared for reuse:

- municipal solid waste - the waste of consumers which is formed in settlements as a result of life activity of the population.

- dangerous wastes - the waste containing in the structure substances which have one of dangerous properties (such as toxicity, infectivity, explosibility, fire danger, high reactionary capability) and are present at such quantity and at such type that constitute direct or potential danger for human health or the environment as independently, and in case of the introduction in contact with other substances;

- the address with waste - all types of activity connected with education, with collection, storage, transportation, use, neutralization, waste disposal;

- authorized body of area of the address with waste - the special body authorized by the Government of the Republic of Tajikistan in the field of the address with waste;

- storage of waste - content of waste in specially equipped stores before their extraction for the purpose of burial, neutralization or use;

- waste disposal - the isolation of waste directed to prevention of hit of pollutants to the environment and excluding possibility of further use of this waste;

- use of waste - application of waste for production and performance of works (services) go receipts of energy,

- neutralization of waste - processing, (including burning) on specialized installations of waste, leading to reduction of their dangerous impact by the environment and the person;

- low-waste technology - products production process in case of which in case of production of unit of production the smaller number of waste in comparison with the existing traditional methods of receipt of these products is formed:

- standard rates of the address with waste - the quantitative and high-quality restrictions connected with education, collection - storage, use, transportation and waste disposal, taking into account their impact on the environment;

- limit of placement of waste - the extreme number of waste permitted for placement, established to physical person or legal entity for certain term taking into account ecological situation in the region:

- subject to placement of waste - polygons, the authorized dumps, shlamokhranilishch, dumps of rocks and another, specially equipped places for storage and waste disposal:

- cross-border movement - any movement (transportation) of waste from the area which is under national jurisdiciton of other state;

- the passport of dangerous wastes - the document certifying the quantity and quality characteristic of waste with indication of their type and class of danger;

- monitoring of places of burial - long control of condition of places of waste disposal by environmental pollution in these territories as a result of the arising natural disasters, and also assessment and forecasting of the environment from actual state of places of waste disposal;

- ownerless waste - the waste which does not have the owner, or the owner of which is unknown;

- conversion of waste - the activities connected with use of waste as secondary resources;

- waste disposal - activities for burial, disinfecting or destruction of waste.

Article 2. Legislation on production wastes and consumption

1. The legislation on production wastes and consumption is based on the Constitution of the Republic of Tajikistan and consists of this Law and other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by the Republic of Tajikistan.

2. The treatment of radioactive waste and dumpings of hazardous substances into water objects are regulated by the special legislation.

Article 3. Scope of this Law

This Law extends on all physical persons and legal entity, irrespective of form of their property, performing activities for the address with waste in the territory of the Republic of Tajikistan.

Article 4. The basic principles of state policy in the field of the address with waste

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

- priority of environmental protection for preserving life and health of the person;

- evidence-based combination of economic and ecological interests of society;

- creation and implementation of low-waste engineering procedures;

- complex conversion financially - raw material resources on the basis of the closed production cycles;

- use of mechanisms of economic incentives for drawing into economic circulation of waste;

- observance of requirements of the nature protection and sanitary legislation, inevitability of approach of responsibility for its violation;

- the state supervision and control of observance of the established health regulations, hygienic standard rates and regulations of ecological safety in case of the address with waste;

- planning of actions for safety of waste and their financing, open entry to information in the field of the address with waste of persons whose interests can be infringed in case of such activities, decision making, infringing on interests of the population, taking into account protection of national interests and participation in international cooperation in the field of the address with waste.

Article 4-1. Waste as property right object

1. Waste is property right object. The property right to waste can pass from one person to another according to the procedure, stipulated by the legislation the Republic of Tajikistan.

2. The producer of waste acquires the property right to waste from the moment of their education and before transfer of this right to other person or before conversion, or complete waste disposal according to the procedure, provided by this Law.

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