The resolution of November 25, 2008 No. 31-8 is accepted at the thirty first plenary session of Inter-parliamentary Assembly of the State Parties of the CIS

MODEL LAW

About prevention and complex control of environmental pollution

Chapter 1. General provisions, standard rates, principles and requirements

Article 1. Purpose and main objectives of this Law

The purpose of this Law is the regulation of the economic activity making negative impact on the environment, life and health of citizens harmonized with the international standards.

The main objectives of this Law are:

- prevention, reducing and complex control of pollution, including formation of emissions, dumpings, waste, other negative impacts caused by functioning of objects of economic activity, and also as far as it is possible, elimination of sources of these pollution;

- reduction of negative impact of economic activity by the environment;

- increase in general level of environment protection against technogenic impacts;

- safety of economic activity for life and health of citizens;

- rational use of primary and secondary resources according to the principles "prevent pollution" and "the pollutant pays".

This Law covers legal, organizational, resource, technological and control and supervising fields of activity on prevention, reducing and complex control of environmental pollution.

Article 2. Field of distribution of this Law

This Law extends to subjects of the economic and other activity listed in Appendix I (obligatory), and (or) the subjects planning implementation of such economic activity in the territory of the state including capable to make cross-border pollution, including pollution of the adjacent territories.

Article 3. Terms and determinations

For the purpose of this Law the following terms, determinations and concepts are used:

pollution - introduction on environment or origin in it the physical, chemical, biological factors, new, usually uncharacteristic for it, leading to exceeding in the considered time of natural mean annual level of concentration of the listed agents in the circle and, as a result, to negative impacts on people and the environment;

prevention and complex control of environmental pollution - measures and procedures for prevention and minimization of negative impact on the environment which allow to avoid fully or partially environmental pollution for the purpose of achievement of high level of environment protection in general in case of operation of objects of economic activity;

minimization of negative impacts on surrounding sredusokrashcheniye or complete cessation of negative impacts in source or engineering procedure, including due to implementation of low-waste and (or) wasteless technologies and use of the best available technologies;

the best available technology (BAT) - the engineering procedure, technical method and acceptance, method of designing, construction, management, servicing, operation and conclusion of operation of industrial plants based on modern achievements of science and technology, which received the positive decision of the state environmental assessment and entered in the state register by NDT.

Note.

1. In case of realization of NDT having fixed term of practical application taking into account economic and social factors the smallest level of negative impact on the environment counting on unit of the made products is reached (works, services).

2. The term "best" means technology, the most effective for production with achievement of the established level of environment protection.

3. The term "available" means technology which is developed so that it can be applied in the corresponding industry on condition of confirmation of economic and technical feasibility of implementation.

4. In some cases the term "available" can be replaced with the term "existing" if it is determined by the legislation of the state;

the state register of NDT - the systematized databank about the best available technologies containing data on NDT organizatsiirazrabotchik, date and extent of industrial implementation, the technological description and hardware equipment, technical standard rates, dumpings, emissions, formation of waste;

- the document containing the description of complex production processes (technologies, methods) since production of raw materials and finishing the industry national referral reference document about NDT sending finished goods which are considered as the best available technologies for the considered category of industrial facilities, including the corresponding nature protection parameters and actions.

Note.

Information containing in the industry national referral reference document about NDT is intended:

for assessment of size of admissible technological impact on the environment (from outside) the economic subject with acceptance on this basis of the decision on feasibility of issue of permission by authorized state body;

for use by the subject of economic and other activity in case of its intention to implement NDT on specific object of economic activity;

the subject of economic and other activity - the physical person or legal entity of all patterns of ownership operating the objects of economic and other activity listed in Appendix I (obligatory) the making impact on the environment;

the authorized state body - executive body of the government which is allocated with powers in the field of environmental protection and environmental management including issue of permissions and carrying out necessary approvals of other interested executive bodies of the government, coordinates activities in the field of exchange of information about NDT, keeps the state register of NDT, will organize development and distribution of industry national referral reference documents about NDT.

Note.

According to the legislation of the state of power of authorized state body can be transferred to territorial authorities to the regional level;

permission - the document approved by authorized state body, containing regulations of emission, dumping, placement of waste by the subject of economic and other activity and authorizing operation of all object of economic activity or its part in case of observance of the specified regulations on the basis of implementation of the best available technologies.

Note.

If two and more subjects of economic and other activity operate different parts of installation (object of economic activity), they shall get separate permissions;

installation (object of economic activity) - the stationary technical object established on one industrial platform on which one or several types of productive activity listed in Appendix I (obligatory) and which is territorially isolated property object having exact and invariable geographical coordinates of placement are performed.

Note.

1. Reinstallation of such object without damage to its appointment is impossible.

2. Several technical objects located on one platform are considered as one object of economic activity if their types of activity are directly connected with each other or if these technical objects are connected technologically;

the existing installation (the existing object of economic activity) - installation which was operated according to the legislation of the state before application for receipt of permission at any moment.

Note.

Other installations are considered as new installations;

environmental policy - the statement of the subject of economic and other activity for the intentions and the principles connected with ensuring overall ecological effectiveness on its object of economic and other activity which forms the basis for establishment of target and planned ecological targets and methods of their achievement;

ecological assessment - data set, reflecting the results of assessment of negative impact on the environment and the state environmental assessment used in case of creation and assessment of requests for receipt of permissions and for inclusion in conditions of issue of permission;

standard rates of quality of the environment - standard rates which are established according to physical, chemical, biological and other indicators for assessment of state of environment and in case of which observance the favorable environment is provided;

the hygienic standard rate - the admissible maximum or minimum quantitative and (or) high-quality measure value established by researches, characterizing this or that factor of the habitat from line items of its safety and (or) harmlessness for the person;

the technological standard rate - the standard rate of use of material and energy resources which is established for stationary, portable and other sources of engineering procedures, the equipment and reflects admissible lot of emissions and dumpings of substances and microorganisms to the environment, educations and placements of waste counting on products unit;

regulations of general action - set of the conditions established in the regulating documents covering general technological aspects of operation of standard installations and ordering certain characteristics which the authorized state body shall pledge in the corresponding permissions as average requirements.

Note.

Regulations of general action are used for issue of permission for the subjects of economic and other activity belonging to the small and medium companies and making considerable impact on the environment;

system of regulation of negative impact on the environment - the set of the set restrictions of negative impact on the environment based on application of nature protection, technological and sanitary and hygienic standard rates;

the system of regulation based on sanitary and hygienic standard rates - set of the admissible standard rates established taking into account sanitary and hygienic requirements for restriction of negative impact on the environment;

the system of regulation based on technological standard rates (system of technological regulation) - set of the admissible standard rates established taking into account requirements for achievement of minimum possible impact of the environment by means of use of NDT;

considerable impact of object of economic activity on the environment - the anthropogenous impact exceeding the environmental quality standards established by the legislation of the state;

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