ORDER OF THE MINISTER OF ENERGY OF THE REPUBLIC OF KAZAKHSTAN

of March 20, 2015 No. 229

About approval of Rules of management of the ownerless dangerous wastes recognized as the judgment arrived in republican property

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

1. Approve the enclosed Rules of management of the ownerless dangerous wastes recognized as the judgment arrived in republican property.

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) within ten calendar days after its state registration in the Ministry of Justice of the Republic of Kazakhstan the direction on official publication of the copy of this order in periodic printing editions 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;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Department of legal service of the Department of Energy of the Republic of Kazakhstan of data on execution of the actions provided by subitems 2) and 3) of this Item.

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 the first official publication.

Approved by the Order of the Minister of Energy of the Republic of Kazakhstan of March 20, 2015 No. 229

Rules of management of the ownerless dangerous wastes recognized as the judgment arrived in republican property

Chapter 1. General provisions

1. These rules of management of the ownerless dangerous wastes recognized as the judgment arrived in republican property (further - Rules), are developed according to subitem 38-8) of article 17 of the Ecological code of the Republic of Kazakhstan of January 9, 2007 (further - the Code) and determine procedure for management of the ownerless dangerous wastes recognized as the judgment arrived in republican property (further - waste).

2. In these rules the following concepts are used:

1) the potential participant - the physical person or legal entity, temporary consolidation legal entities (consortium) applying for application for participation in tender on realization of waste;

2) quorum - presence during the vote more than two thirds of number of members of tender committee;

3) the competitive price offer - the price offered by the participant of tender;

4) tender committee - the collegiate organ created by authorized body, consisting of odd quantity, but at least three people;

5) management of ownerless dangerous wastes - activities of the subordinated organization of authorized body in the field of environmental protection by assessment, realization, development of documentation for determination of further method on utilization and waste disposal, project implementation of recultivation of the territories on which waste, to utilization and waste disposal is placed;

6) tender on realization of waste - the form of realization of waste performed according to the procedure, provided by these rules;

7) the participant - the physical person or legal entity, temporary consolidation legal entities (consortium) which submitted the bid on realization of waste;

8) authorized body in the field of environmental protection - the central executive body performing management and cross-industry coordination in the field of environmental protection and environmental management and also its territorial authorities;

9) the organization - the subordinated organization of authorized body in the field of environmental protection exercising waste management.

3. Transfer of waste to republican property is performed based on the judgment.

For transfer of waste to republican property by local executive body of area (the city of republican value, the capital) or authorized body in the field of environmental protection (further - authorized body) or its territorial subdivision the commission which part representatives of authorized body or its territorial subdivision, local executive body, body of department in the field of sanitary and epidemiologic wellbeing of the population, the subordinated organization of authorized body in the field of environmental protection are (further - the organization) is created.

By transfer of waste to republican property the acceptance report - transfers of the ownerless dangerous wastes recognized as the judgment arrived in republican property, in form according to appendix 1 to these rules is drawn up.

4. To the waste containing resistant organic pollutants, the acknowledged judgment arrived in republican property, applies provisions of international conventions (The Stockholm convention on resistant organic pollutants ratified by the Law of the Republic of Kazakhstan of June 7, 2007 No. 259, the Rotterdam convention on the procedure of prior reasonable consent concerning separate dangerous chemicals and pesticides in international trade, ratified by the Law of the Republic of Kazakhstan of March 20, 2007 No. 239, the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal, the Law of the Republic of Kazakhstan of February 10, 2003 No. 389 "About accession of the Republic of Kazakhstan to the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal").

5. To the radioactive waste recognized as the judgment arrived in republican property, regulations of these rules by assessment, realization, development of documentation are not applied to determination of further method on utilization and waste disposal. Radioactive waste is subject to burial.

6. Measures for prevention of access of the population to the waste transferred to the control the organizations, to their localization, reducing negative impact on soil cover water resources and atmospheric air are provided with the organization.

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