In order to properly dispose of the garbage that inevitably forms during human life, in the modern world, it will also be necessary to conclude an agreement. It is especially important to do this correctly and on time, otherwise, sanctions from the regulatory authorities are possible. For a business, such an agreement will not be financially burdensome, but it will take some time to complete the necessary paperwork.

What is a waste collection agreement?

A garbage collection agreement is a document that reflects the obligations of the two parties. A company that is engaged in the disposal of solid household waste assumes the obligation to remove garbage, and an entrepreneur or an individual is obliged to pay for this service on time at established rates.

The contract can be executed in simple written form in two copies. An organization that undertakes the obligation to remove waste undertakes to provide the service in full for certain categories of solid waste. In this way, construction waste, used medical items, industrial waste, expired goods from the distribution network can be disposed of.
supermarkets and other household waste.

Is it a duty?

No one has the right to oblige property owners who live in the private sector to conclude such an agreement, but some regional authorities seek to oblige even those households that are used only periodically, and residents of such dachas and country houses, most of the solid waste can be used for a compost pit and for lighting a fireplace.

For individual entrepreneurs and legal entities, in the course of whose activities solid waste is generated, there is an obligation to conclude such an agreement. Also, the hazard class of the garbage must be established without fail. After analyzing the waste for environmental pollution, a passport is issued with a hazard class from 1 to 5.

Waste is divided into the following categories:

• Class 1 - extremely dangerous.
• Class 2 - highly dangerous.
• Grade 3 - moderately dangerous.
• Grade 4 - low-risk.
• Grade 5 - practically harmless.

Household waste belongs to class 5, for its disposal it is not required to have a MSW hazard certificate. For other categories of waste, you must obtain a document that indicates the hazard class.
People living in apartment buildings must pay a fee for the removal of solid waste. The calculation of the cost of payment for the disposal of solid waste until 2015 was made based on the area of ​​​​the apartment. Currently, payment for such a service depends on the number of people registered in this housing.

Who is the contract with?

The contract is concluded with a company that deals with the disposal of household waste. For garbage collection of 1 - 4 categories, the organization must have a license to provide such services.

If household waste of the 5th category is removed, for example: food waste, natural wood shavings and polyethylene waste, then given the fact that this category of garbage causes minimal damage to nature, an organization that does not have a license for waste removal can handle the disposal of such substances.

From 2016, in each region, operators will be selected on a competitive basis, with whom the owners of apartment buildings will conclude a contract for the disposal of household waste. Operator
will be obliged to provide a full cycle for the collection, processing and disposal of waste. The status of a regional operator will be granted for 10 years. During this period, apartment owners will be required to conclude an agreement with these companies.

The advantage of such a scheme for service customers is that the regional operator will not be able to exceed the maximum price set by the executive authorities. If the service for the disposal of household waste is carried out under a state contract, then the newly introduced rules for the mandatory conclusion of an agreement with a regional operator cannot be introduced until the expiration of such a contract.

If the state contract has not been concluded, then the apartment owners are required to draw up an agreement with the regional operator in the prescribed manner. Such an agreement can be signed by the management company of an apartment building. The management company is an intermediary and representative of the interests of residents, and therefore a general agreement for the disposal of solid waste can be concluded. Legislative innovations also apply to container sites located on the adjacent territory of apartment buildings. Such a site should be framed as part of the common property of an apartment building.

Essential conditions and features

The contract concluded with a company that deals with garbage collection should be the same for all customers. If you want to issue a document for garbage disposal on an individual basis, the entrepreneur is unlikely to succeed. If a businessman rents premises, then the landlord should be involved in concluding an agreement for the disposal of solid waste.

If garbage collection of 1 - 4 categories is carried out, then the presence of a safety data sheet is a prerequisite.

The owner of a private household has the right to conclude a contract for the removal of household waste with a company that does not have a license. This category of waste usually belongs to category 5, and individual entrepreneurs can dispose of such garbage.

Basic provisions of the document

The following information must be displayed in the MSW disposal document:

These are the main provisions that must be present when concluding an agreement for the export of solid waste between the customer of this service and the contractor.

Penalty for no contract

If an individual entrepreneur or legal entity has not concluded an agreement on garbage collection, then a fine is imposed upon detection of such a violation of legislation in the field of environmental protection. In addition to penalties, this category may be subject to an administrative measure in the form of suspension of business for up to 90 days. Individuals can also be fined if the garbage in a private courtyard is to be burned.

The heads of enterprises and organizations that use mercury-containing fluorescent lamps in their activities are required to conclude an agreement with a hazardous waste disposal company. Collection and storage of such lamps should be carried out separately from other types of household waste. The contract is concluded only with an enterprise that has a license for the disposal of highly toxic waste. Failure to comply with these rules may result in administrative liability. An inspection of an enterprise that uses mercury-containing lamps, but does not dispose of them in the prescribed manner, can be carried out by Rospotrebnadzor or environmental services.

Many regional authorities establish local regulations for concluding agreements with garbage collection companies, and also set the amount of penalties in the absence of a garbage collection agreement. In 2017, for individuals, the fine may be 5,000 rubles, for officials - 50,000 rubles, for legal entities - 300,000 rubles.

Conclusion

Like many legislative acts in our country, new "works of legislative art" often come into conflict with existing laws. For example, if the household is located in a rural settlement, then the requirement to conclude an agreement for the removal of solid waste contradicts Federal Law-131 “On the general principles of organizing local self-government”, where article No. 14, part 1, paragraph 18 states that “participation in the organization of activities for collection (including separate collection) and transportation of municipal solid waste” refers to issues of local importance of the settlement.

That is, the administration of a rural settlement must conclude an agreement on the disposal of solid domestic waste, designate places for the collection of solid waste and install containers.

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