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ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of November 13, 2014 No. 125

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

According to subitem 38-8) article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007, I ORDER:

1. Approve the enclosed Rules of forming of liquidating funds of polygons of placement of waste.

2. To provide to department of waste management of the Department of Energy of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction on official publication of this order within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan in mass media and in information system of law of Ad_let;

3) placement of this order on official Internet resource of the Department of Energy of the Republic of Kazakhstan and on the intranet portal of state bodies.

3. To impose control of execution of this order on the supervising vice-Minister of Energy of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after its first official publication.

Minister

B. School student

It is approved

Minister of investments and development of the Republic of Kazakhstan

November 24, 2014

 

A. Isekeshev

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of November 13, 2014 No. 125

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) are developed compliance with subitem 38-8) article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 and determine procedure for forming of liquidating funds of polygons of placement of waste.

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 construction 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 placement of waste.

4. The liquidating fund of polygon of placement of waste (further - liquidating fund) is created by the owner of polygon of placement of waste (further - polygon) for holding actions for recultivation of the earth 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 on liquidation of polygon.

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 filtrate within thirty years for polygons of 1 class, twenty years for polygons 2 classes. Funds for carrying out land reclamation and the subsequent monitoring arrive from liquidating fund of polygon.

8. The project of polygon of placement of waste, the project on liquidation of polygon 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 on 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. 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.

11. The fund is created due to the annual 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.

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

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

14. 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 on liquidation of polygon.

15. 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.

16. 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.

17. The owner of polygon annually during the first quarter of the year following reporting 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.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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