ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 2007 No. 591

About approval of Rules of forming of liquidating funds of polygons of placement of waste

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 forming of liquidating funds of polygons of placement of waste.

2. This resolution becomes effective from the date of the first official publication.

Approved by the order of the Government of the Republic of Kazakhstan of July 10, 2007 No. 591

Rules of forming of liquidating funds of polygons of placement of waste

1. These rules of forming of liquidating funds of polygons of placement of waste (further - Rules) determine procedure for creation and management of polygons of placement of waste of liquidating funds.

2. Action of these rules does not extend to polygons of the ownerless dangerous wastes which arrived by a court decision in republican property.

3. In these rules the following concepts are used:

1) polygon of placement of waste - specially equipped place (platforms, warehouses, storages) for placement of production wastes and consumption for the period established for each type of waste for the purpose of their subsequent utilization, conversion or final burial;

2) liquidating fund of polygon of placement of waste - the fund created as a part of general means of the owner of polygon of placement of waste for recultivation and monitoring of polygon after its closing;

3) the owner - physical person and legal entity in whose property there is polygon of waste.

4. The liquidating fund of polygon of placement of waste (daleelikvidatsionny fund) is created by the owner of polygon of placement of waste (further - polygon) for holding actions for closing of polygon, recultivation of the territory of polygon and conducting monitoring of impact on the environment after closing of polygon.

5. Creation of liquidating fund shall be provided by the project of polygon of placement of waste.

6. For scoping of works on liquidation and means, necessary for their accomplishment, the owner of polygon develops the project of liquidation of polygon and constitutes the feasibility statement (calculations) on costs for its realization. The project on liquidation of polygon of waste and the feasibility statement (calculations) on its realization are prepared by the owner of polygon as part of the project of polygon of placement of waste.

7. The project on liquidation of polygon shall provide performance of works on recultivation of the territory, carrying out monitoring of emissions of landfill gas and the filter within thirty years for polygons of 1 class, twenty years for polygons 2 classes, to removal or liquidation of the constructions and the equipment used in the course of arrangement and use of polygon and also cleaning of the environment of above-standard pollution.

8. Projects of polygon of placement of waste, the project on liquidation of polygon and the feasibility statement (calculations) are subject to the state environmental assessment performed according to the ecological legislation of the Republic of Kazakhstan.

9. Based on the project on liquidation of polygon the owner develops the work plan on liquidations and cost budget on its realization. Total estimated cost shall include all expenses connected with liquidation according to the project of liquidation of polygon depending on the area and the characteristic of the soils broken in case of operation of polygon from amounts, quantity and class of the placed waste, material cost and the equipment used in the course of liquidation of polygon.

The specified costs are calculated on expected works start date on liquidation taking into account the inflation index.

10. The work plan on liquidation and cost budget are approved with authorized body in the field of environmental protection as a part of the actions plan on environmental protection for receipt of ecological permission.

11. For holding the above-stated actions in liquidating fund the funds which are regularly deducted by the owner since the beginning of operation of polygon of placement of waste are accumulated.

12. The fund is created due to the quarterly assignments performed by the owner from start date of operation of polygon.

The amount of annual contributions to liquidating fund is determined in direct ratio the total estimated cost of liquidation costs of polygon counting on the period (the number of years) after which the polygon shall be liquidated.

13. Contributions to liquidating fund are made by the owner of polygon into the special deposit account in any bank of the second level in the territory of the Republic of Kazakhstan.

14. Means of liquidating fund are used by the owner (owner) of polygon only on actions for liquidation of polygon according to the project of liquidation of polygon which received the positive decision of the state environmental assessment.

15. Adjustment of the work plan on liquidation of polygon, cost amount on its realization, and also the amount of assignments is in case of need performed. The procedure for introduction of the specified adjustments is established in the project of liquidation of polygon.

16. If actual costs on liquidation exceed the size of the means which are in liquidating fund, then the owner performs additional replenishment of the deposit account.

17. If actual costs on liquidation appear less than the size of the means which are in liquidating fund, then excesses of money remain at the disposal of the owner of polygon.

18. The owner of polygon annually informs authorized body in the field of environmental protection on the contributions to liquidating fund made by it, the bank name of the second level in which the special deposit account, the account status is opened.

19. The owner of polygon bears responsibility for observance of requirements of these rules, and also behind target and effective use of means of liquidating fund.

20. The authorized body in the field of environmental protection exercises control of observance of requirements of these rules.

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