Nevsky environmental operator explained to entrepreneurs how to avoid double payment for services for the treatment of MSW

On February 28, 2023, a meeting of the Public Council for Small Business under the administration of the Petrodvorets district of St. Petersburg was held in an expanded format with an invitation to the participation of entrepreneurs from the district.

One of the key issues of the meeting was the discussion of the issues of interaction between entrepreneurs and Nevsky Ecological Operator JSC. From January 1, 2022, the conclusion of an agreement with a regional operator has become mandatory for all legal entities, individual entrepreneurs, individuals operating in non-residential premises, buildings and other facilities located on the territory of St. non-residential fund). Despite this, many entrepreneurs continue to evade their direct duties, thereby violating federal law No. 89-FZ “On production and consumption waste”.

Unfortunately, many consumers operating in non-residential facilities are still interacting with unscrupulous carriers, concluding an agreement for the removal of waste of 4-5 hazard classes that are not related to MSW. In fact, under the guise of such waste, all garbage, including MSW, is taken out. Thus, consumers evade the conclusion of an agreement with the Nevsky Environmental Operator, replacing one class of waste with another. In individual districts of the city, this is about 50% of consumers who have their own container sites.

One of the important goals of the reform in the field of waste management, respectively, and the creation of regional operators in the country is to control the movement of MSW, primarily to prevent their entry into unauthorized landfills. That is why only regional operators have the right to transport MSW from January 1, 2022. This is not a whim of individual business representatives and not the use of unfair competition methods, this is a necessary measure in the fight against unauthorized dumps and the desire to ensure transparency in the management of municipal solid waste at all stages.

Consumers in an attempt to save money “kill two birds with one stone”:

1. Harm the environment. After all, many carriers who conclude “fake” contracts for the removal of MSW under the guise of other waste, take the waste to the nearest forest.

2. Create an additional financial burden for themselves. Entrepreneurs forget that not concluding an agreement does not release a legal entity from liability and the need to pay for the services of a regional operator. For the absence of an agreement with a regional operator, a person may be held administratively liable under Article 8.2 of the Code of Administrative Offenses of the Russian Federation - entails the imposition of an administrative fine on legal entities - from 100,000 to 250,000 thousand rubles or an administrative suspension of activities for up to 90 days.

Along with this, many management companies, housing associations, housing cooperatives issue invoices for the provision of services for the treatment of MSW to consumers who conduct their business in non-residential premises of MKD and use a common container site. These actions violate clause 148(1) of Decree of the Government of the Russian Federation of 05/06/2011 N 354 (as amended on 11/16/2022) "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings." All consumers operating in non-residential premises, without exception, must conclude an agreement for the removal of solid waste with a regional operator directly. Payment for the removal of solid municipal waste to third parties is a gross violation of the current legislation and entails administrative responsibility both on the part of the Consumer and on the part of the carrier organization. This fact does not remove the obligation to pay for the provision of services for the treatment of MSW from the Consumer to the Regional Operator.

Any legal entity, individual, individual entrepreneurs generate municipal solid waste, therefore, the obligation to conclude an agreement and the obligation to pay for the service provided by the regional operator arises from the consumer from the moment the Regional operator acts, namely from January 1, 2022.

Summarizing, one simple conclusion can be drawn: in order not to pay for the waste management service twice and not to violate the current legislation, it is enough for consumers to conclude an agreement for the provision of services for the management of MSW with a regional operator.