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Ministry of Justice

Russian Federation

On December 25, 2015 No. 40261

ORDER OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION OF THE RUSSIAN FEDERATION

of September 29, 2015 No. 414

About approval of Administrative regulations of Federal Nature Management Supervision Service on provision of the state service in establishment of maximum permissible emissions and temporarily approved emissions

According to item 4 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, the Art. 3169, No. 35, Art. 5092; 2012, No. 28, Art. 3908, No. 36, Art. 4903, No. 50, Art. 7070, No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:

approve the enclosed Administrative regulations of Federal Nature Management Supervision Service on provision of the state service in establishment of maximum permissible emissions and temporarily approved emissions.

Minister

S. E. Donskoy

Approved by the Order of the Ministry of Natural Resources and Environmental Protection of the Russian Federation of September 29, 2015 No. 414

Administrative regulations of Federal Nature Management Supervision Service on provision of the state service in establishment of maximum permissible emissions and temporarily approved emissions

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of Federal Nature Management Supervision Service (further respectively - the Regulations, Rosprirodnadzor, the state service) determine terms and the sequence of ministerial procedures (actions) of Rosprirodnadzor and its territorial authorities, order of interaction between structural divisions of Rosprirodnadzor and territorial authorities of Rosprirodnadzor by provision of the state service in establishment of maximum permissible emissions and temporarily approved emissions, their officials, interactions of Rosprirodnadzor and territorial authorities of Rosprirodnadzor with applicants, other public authorities by provision of the state service.

Action of Regulations does not extend to establishment of standard rates of maximum permissible emissions and temporarily approved emissions of radioactive materials in atmospheric air.

Circle of applicants

2. Applicants are the legal entities and individual entrepreneurs performing any kinds of economic and other activity in the territory of the Russian Federation which leads to emissions of the hazardous (contaminating) substances in atmospheric air (further - the Applicant).

Requirements to procedure for informing on provision of the state service

3. Information on the locations, e-mail addresses, phones and faxes of territorial authorities of Rosprirodnadzor is given in Appendix No. 1 to Regulations, and also posted on the official site of Rosprirodnadzor on the Internet to the address: www.rpn.gov.ru (further - the official site of Rosprirodnadzor).

Schedules of acceptance of visitors of territorial authorities of Rosprirodnadzor are placed at information stands and on the official sites of the specified bodies.

4. In premises of territorial authority of Rosprirodnadzor information stands shall be placed. At information stands the following information is placed:

the list of the regulatory legal acts regulating provision of the state service;

the text of Regulations with appendices;

description of result of provision of the state service;

exhaustive information on procedure for provision of the state service (in text and/or graphical, schematic type) with reference to Regulations;

the list of the documents necessary for provision of the state service (according to Item 12 of Regulations);

the address of the official site of territorial authority of Rosprirodnadzor on the Internet (in the presence), addresses of its e-mail (in the presence);

telephone numbers for enquiries of territorial authority of Rosprirodnadzor, the general telephone number for enquiries (including phone number - answerphone);

information on the location, postal address of territorial authority of Rosprirodnadzor and phones of staff of the relevant structural divisions of territorial authority of Rosprirodnadzor;

working schedule of staff of the relevant structural divisions of territorial authority of Rosprirodnadzor;

obligations of authorized officers of territorial authorities of Rosprirodnadzor (further - specialists) in case of the response to phone calls, oral and written addresses of citizens or the organizations, requirements to form and nature of interaction of specialists with Applicants.

5. With use of means of telephone communication the following information on provision of the state service can be obtained:

about the entering numbers, at which the statement and documents of the Applicant necessary for establishment of maximum permissible emissions (further - PDV) or establishments of PDV and temporarily approved emissions are registered in system of clerical work (further - VSV), the Applicant; about decision making according to the specific statement;

about regulatory legal acts concerning establishment of PDV or establishment of PDV and VSV (the name, number, acceptance date of regulatory legal act);

about the list of documents which submission is necessary for establishment of PDV or establishment of PDV and VSV;

about requirements to assurance of the documents enclosed to the application;

the location on the official site of Rosprirodnadzor of reference materials concerning provision of the state service.

The response to phone call shall contain information on the name of federal executive body, structural division, surname, name, middle name (in the presence) and positions of the specialist who received phone call.

Other questions are considered by specialists based on the corresponding written addresses according to Item 6 of Regulations.

6. The answer to the written address of the Applicant is provided in simple, accurate and clear form with indication of surname, name, middle names (in the presence), phone numbers of the specialist. The answer to the written address goes by mail (or in electronic form if it is specified in the address of the applicant) to the Applicant in time, not exceeding 30 calendar days from the date of registration of the written address.

II. Standard of provision of the state service

Name of the state service

7. The state service in establishment of maximum permissible emissions and temporarily approved emissions.

The name of the federal executive body providing the state service

8. The state service is provided by territorial authorities of Rosprirodnadzor on the place of territorial arrangement of sources of emissions of the hazardous (contaminating) substances in atmospheric air.

Territorial authorities of Rosprirodnadzor have no right to demand from the Applicant of implementation of actions the, including approvals necessary for receipt of the state service and connected with the appeal to other state bodies and the organizations, except for receipts of the services included in the list of services which are federal executive bodies of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 "About approval of the list of services which are federal executive bodies of the state services, necessary and obligatory for provision, and provided by the organizations participating in provision of the state services, and determination of the amount of payment for their rendering" (The Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 33, Art. 4382; No. 49, Art. 6421; No. 52, Art. 7207; 2014, No. 21, Art. 2712).

Description of result of provision of the state service

9. Is result of provision of the state service:

issue to the Applicant of the verified copy of the order of territorial authority of Rosprirodnadzor on establishment of PDV or provision of motivated refusal in establishment of PDV;

issue to the Applicant of the verified copy of the order of territorial authority of Rosprirodnadzor on establishment of PDV and VSV or provision of motivated refusal in establishment of PDV and VSV;

introduction of amendments to the order of territorial authority of Rosprirodnadzor on establishment of PDV or provision of motivated refusal in introduction of amendments to the order of territorial authority of Rosprirodnadzor on establishment of PDV;

introduction of amendments to the order of territorial authority of Rosprirodnadzor on establishment of PDV and VSV or provision of motivated refusal in introduction of amendments to the order of territorial authority of Rosprirodnadzor on establishment of PDV and VSV.

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of suspension of provision of the state service if the possibility of suspension is stipulated by the legislation the Russian Federation, the term of issue (direction) of the documents which are result of provision of the state service

10. Territorial authority of Rosprirodnadzor:

establishes PDV or provides the motivated refusal in establishment of PDV in time which is not exceeding 35 working days from the date of registration of a statement of the Applicant;

establishes PDV and VSV or provides the motivated refusal in establishment of PDV and VSV in time which is not exceeding 120 working days from the date of registration of a statement of the Applicant;

makes changes to the order of territorial authority of Rosprirodnadzor on establishment of PDV or provides motivated refusal in introduction of amendments to such order in time which is not exceeding 20 working days from the date of registration of a statement of the Applicant;

makes changes to the order of territorial authority of Rosprirodnadzor on establishment of PDV and VSV or provides motivated refusal in introduction of amendments to such order in time which is not exceeding 35 working days from the date of registration of a statement of the Applicant.

The list of the regulatory legal acts governing the relations arising in connection with provision of the state service

11. Provision of the state service is performed according to:

The Federal Law of January 10, 2002 No. 7-FZ "About environmental protection" (The Russian Federation Code, 2002, No. 2, Art. 133; 2004, No. 35, Art. 3607; 2005, No. 1, Art. 25; No. 19, Art. 1752; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 7, Art. 834; No. 27, Art. 3213; 2008, No. 26, Art. 3012; No. 29, Art. 3418; No. 30, Art. 3616; 2009, No. 1, Art. 17; No. 11, Art. 1261; No. 52, Art. 6450; 2011, No. 1, Art. 54; No. 29, Art. 4281; No. 30, Art. 4590, Art. 4591, Art. 4596; No. 48, Art. 6732; No. 50, Art. 7359; 2012, No. 26, Art. 3446; 2013, No. 11, Art. 1164; No. 27, Art. 3477; No. 30, Art. 4059; No. 52, Art. 6971, Art. 6974; 2014, No. 11, Art. 1092; No. 30, Art. 4220; No. 48, Art. 6642; 2015, No. 1, Art. 11; No. 27, Art. 3994; No. 29, Art. 4359);

The Federal Law of May 4, 1999 No. 96-FZ "About protection of atmospheric air" (The Russian Federation Code, 1999, No. 18, Art. 2222; 2004, No. 35, Art. 3607; 2005, No. 19, Art. 1752; 2006, No. 1, Art. 10; 2008, No. 30, Art. 3616; 2009, No. 1, Art. 17, Art. 21; No. 52, Art. 6450; 2011, No. 30, Art. 4590, Art. 4596; No. 48, Art. 6732; 2012, No. 26, Art. 3446; 2013, No. 30, Art. 4059; 2014, No. 30, Art. 4220; 2015, No. 1, Art. 11; No. 29, Art. 4359);

The Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2011, No. 15, Art. 2038; No. 27, Art. 3873, Art. 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, Art. 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, Art. 6961, Art. 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, Art. 72; No. 10, Art. 1393; No. 29, Art. 4342, Art. 4376);

The Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, Art. 2036; No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668; No. 27, Art. 3463, Art. 3477; 2014, No. 11, Art. 1098; No. 26, Art. 3390);

the order of the Government of the Russian Federation of March 2, 2000 No. 183 "About standard rates of emissions of the hazardous (contaminating) substances in atmospheric air and harmful physical impacts on it" (The Russian Federation Code, 2000, No. 11, Art. 1180; 2007, No. 17, Art. 2045; 2009, No. 18, Art. 2248; 2011, No. 9, Art. 1246; 2012, No. 37, Art. 5002; 2013, No. 24, Art. 2999);

The regulations on the state supervision in the field of protection of atmospheric air approved by the order of the Government of the Russian Federation of June 5, 2013 No. 476 (The Russian Federation Code, 2013, No. 24, Art. 2999; 2014, No. 13, Art. 1484; 2015, No. 1, Art. 279; No. 2, Art. 514; No. 19, Art. 2831);

The regulations on Federal Nature Management Supervision Service approved by the order of the Government of the Russian Federation of July 30, 2004 No. 400 (The Russian Federation Code, 2004, No. 32, Art. 3347; 2006, No. 44, Art. 4596; No. 52, Art. 5597; 2007, No. 22, Art. 2647; 2008, No. 16, Art. 1707; No. 22, Art. 2581; No. 32, Art. 3790; No. 46, Art. 5337; 2009, No. 6, Art. 738; No. 33, Art. 4081; No. 49, Art. 5976; 2010, No. 5, Art. 538; No. 14, Art. 1656; No. 26, Art. 3350; No. 31, Art. 4247; No. 38, Art. 4835; No. 42, Art. 5390; No. 47, Art. 6123; 2011, No. 14, Art. 1935; 2012, No. 42, Art. 5718; 2013, No. 20, Art. 2489; No. 24, Art. 2999; No. 43, Art. 5561; No. 45, Art. 5822; 2015, No. 2, Art. 491; No. 17, Art. 2561);

the order of the Government of the Russian Federation of April 21, 2000 No. 373 "About approval of the Regulations on the state accounting of harmful effects on atmospheric air and their sources" (The Russian Federation Code, 2000, No. 18, the Art. 1987);

the order of the Government of the Russian Federation of February 16, 2008 No. 87 "About structure of Sections of the project documentation and requirements to their content" (The Russian Federation Code, 2008, No. 8, Art. 744; 2009, No. 21, Art. 2576; No. 52, Art. 6574; 2010, No. 16, Art. 1920; No. 51, Art. 6937; 2011, No. 8, Art. 1118; 2012, No. 27, Art. 3738; No. 32, Art. 4571; 2013, No. 17, Art. 2174; No. 20, Art. 2478; No. 32, Art. 4328; 2014, No. 14, Art. 1627; No. 50, Art. 7125; 2015, No. 31, Art. 4700);

the order of the Government of the Russian Federation of August 16, 2012 No. 840 "About procedure for giving and consideration of claims to decisions and actions (failure to act) of federal executive bodies and their officials, federal government employees, officials of state non-budgetary funds of the Russian Federation, and also State Atomic Energy Corporation "Rosatom" and its officials" (The Russian Federation Code, 2012, No. 35, Art. 4829; 2014, No. 50, Art. 7113);

the order of the Government of the Russian Federation of July 7, 2011 No. 553 "About procedure for registration and submission of the statements and other documents necessary for provision of the state and (or) municipal services, in the form of electronic documents" (The Russian Federation Code, 2011, No. 29, the Art. 4479);

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