Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of June 26, 2001 No. 57

About tailings dams and mountain dumps

(as amended on on April 17, 2009)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on May 31, 2001

This Law is aimed at safety of present and future generations of people, the okruzhayushchay circle in case of the address with tailings dams and mountain dumps.

This Law:

- contains the necessary legal basis for purposeful activities for prevention of harmful effects of tailings dams and mountain dumps on the population and the environment;

- determines state policy of the Kyrgyz Republic at all stages of the address with tailings dams and mountain dumps;

- determines powers of public authorities, local self-government, public administration and the state supervision of safety in the field of the address with tailings dams and mountain dumps, and also basic rights and responsibility of the companies, organizations, organizations and associations irrespective of their forms of business and patterns of ownership (daleeorganization) in the field of the address with tailings dams and mountain dumps;

- provides to citizens of the Kyrgyz Republic, public associations participation in implementation of state policy in the field of the address with tailings dams and mountain dumps;

- determines the main directions of international cooperation in address questions with tailings dams and mountain dumps.

SECTION I. GENERAL PROVISIONS

Article 2. The relations in the field of the address with tailings dams and mountain dumps are regulated by the Constitution of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic accepted according to them. If the international treaty of the Kyrgyz Republic establishes other regulations than provided by this Law, then regulations of the international treaty are applied.

Article 3. The terms and determinations used in this Law:

the tailings dam - complex of special constructions and the equipment which are intended for storage or burial of radioactive, toxic and other waste of the gornopererabatyvayushchy industry;

mountain dumps - the mass of the breeds and substandard ores extracted on the Earth's surface when conducting mining operations;

the operating organization - the company in the course of which activities tailings dams and mountain dumps are formed;

the specialized organization - the state organization created according to the legislation of the Kyrgyz Republic and performing acceptance of tailings dams and mountain dumps from the operating organizations for the purpose of their further physical protection;

physical protection of tailings dams and mountain dumps - complex of the organizational and technical actions directed to prevention of independent impact of spontaneous and other natural factors on tailings dams and mountain dumps and also on timely detection and suppression of infringement of safety of tailings dams and mountain dumps;

the address with tailings dams and mountain dumps - all types of activity connected with transportation, storage and waste disposal;

storage of waste of mining - placement of this waste in tailings dams;

the tailings dam preserved - the tailings dam on which warehousing of waste is temporarily stopped, but is supposed its renewal in the future, or events for prevention of erosion for its preservation are held;

the tailings dam buried - the tailings dam on which warehousing of waste is fully complete and events for prevention of its erosion, emanirovaniye and other possible negative impacts on the population and objects of the environment during long (hundreds of years) term are held;

recultivation of the territory of tailings dams and mountain otvalovkompleks of the works which are carried out for recovery of possibility of economic use of these objects and excluding their harmful effects on the population and the environment;

the sanitary protection zone - the territory around the organization, source or the tailings dam (mountain dumps) of radioactive and toxic waste on which the gamma radiation or concentration of hazardous substances can exceed the main dose limit or threshold limit value on condition of their normal operation. In the sanitary protection zone the mode of restrictions is set and permanent monitoring and control is exercised.

Article 4. The principles of state policy in the field of the address with tailings dams and mountain dumps are:

- priority of protection of life and health of the person, the environment from harmful effects in case of the address with tailings dams and mountain dumps;

- responsibility of the state, physical persons and legal entities irrespective of patterns of ownership for violation of this Law and other regulatory legal acts of the Kyrgyz Republic in case of the address with the tailings dams and mountain dumps which are formed in the course of their activities;

- compensation of the damage caused to health of the person and (or) his property and also the harm done to the environment in case of the address with tailings dams and mountain dumps;

- participation of citizens and public associations in the problem resolution of safety in case of the address with tailings dams and mountain dumps;

- use of foreign experience in area of the address with tailings dams and mountain dumps;

- development and implementation of the state concepts and programs in the field of the address with tailings dams and mountain dumps.

Article 5. Waste of all complex of mining production belongs to waste of mining production (further - waste):

the radioactive waste which is not subject to further use:

a) substances in any aggregate state, materials, products, the equipment in which content of radionuclides exceeds the levels established by regulating documents;

b) the substandard ores extracted from subsoil warehoused in dumps, tailings dams, waste of enrichment and lixiviation of ores in which content of radionuclides exceeds the levels established by regulating documents.

Toxic waste of mining production - the waste containing salts of heavy metals (cadmium, lead, zinc, chrome, etc.), and also other toxic substances (cyanides, acids, silicates, nitrates, sulfates, etc.).

SECTION II. SAFETY IN CASE OF THE ADDRESS WITH TAILINGS DAMS AND MOUNTAIN DUMPS

Article 6. Safety in case of the address with tailings dams and mountain dumps is performed for the account:

- observance of the requirements established by this Law and other regulatory legal acts of the Kyrgyz Republic regulating safety in the field of the address with tailings dams and mountain dumps;

- financial and material logistics from the operating and specialized organizations;

- the personal responsibility of heads of the operating and specialized organizations.

Safety in case of the address with tailings dams and mountain dumps is reached:

- prevention of pollution by radioactive and toxic waste of the environment over the levels and concentration established by regulating documents at all stages of the address;

- implementation of physical protection of tailings dams and mountain dumps;

- establishment of the normalized procedure for the address with waste;

- implementation of transportation of radioactive and toxic waste by the organizations having the corresponding permission according to regulatory legal acts of the Kyrgyz Republic;

- exception of unauthorized and uncontrollable accumulating of waste in the operating organizations;

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