The State Duma will consider the law on construction garbage in the first reading
In the State Duma, a bill on the treatment of construction garbage in the first reading is ready to consider in the first reading – it is designed to streamline the circulation of waste waste and demolition (OSS). The deputy project was entered in the State Duma in December 2024 as a reaction to regions with unaccounted type of garbage, but caused comments. Among the most acute unresolved issues – the moment of formal transformation of building materials into waste: from it their placement will be subject to a fee for the negative impact on the environment. It is also unclear how the OSS will be immersed in the environment that does not take into account them. The government agreed on the condition of making the necessary amendments to the second reading.
The State Duma Committee on Ecology approved deputy amendments to the Federal Law “On Waste of Production and Consumption” – they introduce requirements for the circulation of construction waste and the maintenance of sites for their accumulation (see “Kommersant” of December 3, 2024). The project will be considered at the meeting on May 27 – it was re -entered in the State Duma with edits on February 26, the conceptual apparatus was clarified in the new version, the norms were agreed with other federal laws (including the regulation of hard -to -reach territories and the fight against unauthorized landfills), and the provisions that are not related to the scope of its regulation were excluded.
According to the project, the constituent entities of the Russian Federation will be able to approve the rules for the treatment of OSS and the minimum standard for their processing, the obligation of “garbage” operators is introduced to conclude contracts for transportation and processing of such waste and requirements for transmitting waste data, as well as control measures and sanctions for violations.
As noted when considering the project by the relevant committee of the State Duma, while the document does not fully take into account the norms No. 89-ФЗ on production and consumption waste-it is necessary to determine the procedure for classifying waste to construction, to correlate the requirements with land legislation. Nevertheless, the government supported the bill, subject to its refinement for the second reading, taking into account the comments. “There are still questions, but basically they have a clarifying nature, there are no conceptual remarks – we can very easily take them into account the second reading,” explained Alexander Kogan deputy head of the Ecology Committee.
The government, legal administration and committee-artist (for construction and housing and communal services) have comments on the content of the document. From the reviews it is clear that they concern the formulations, it is unclear, which is understood as waste of technical re -equipment and improvement – such terms are not used in federal laws. You cannot understand which hazard class refers to construction waste, what is their ratio with other waste. It is not established who and in what order should determine how they relate to the already regulated concept of “solid utilities” (MSW), and sources of financing for work with the OSS are also incomprehensible.
The problem is also associated with the project, which can seriously affect the construction sector. During the meeting, the deputy head of the Ministry of Construction, Alexei Yeresko, said that the issue of temporary placement of construction waste has not yet been resolved – complexity are related to the non -compliance of the type of permitted use of a land plot for storage of building materials. The point is that at the stage of construction, when the waste has not yet been taken out, Rosprirodnadzor can calculate them with garbage and charged a fee for the negative impact on the environment (NVOS) with their owner. All the constituent entities of the Russian Federation who participated in the work on the project drew attention to this problem – according to Mr. Kogan, the decision may be the binding of the OSS storage without levying the NVOC payment for construction permit.
We also note that construction waste does not apply to MSW, and therefore require separate regulation. Their removal and disposal are not responsible for the duties of re -operators – this is the responsibility of the owner. The OSS and the National Project « Environmental prosperity » do not take into account, whether they will be taken into account, so far remains unclear.
