Conclude an agreement for the provision of garbage and solid waste removal services

In the age of packaging, when all products are supplied and manufactured in individual packaging materials, timely removal and disposal of production or any other waste is of particular importance. According to Federal Law No. 89-FZ “On Production and Consumption Waste”, every entrepreneur is obliged to organize centralized waste removal. It is possible to conclude an agreement for garbage removal (MSW - solid household waste) only with a licensed company, a legal entity specializing in this type of work.

Municipal solid waste (MSW garbage) includes food waste, paper, metals and many other types of garbage. Currently, there are practically no waste-free industries.

Garbage removal is not the responsibility of municipal services. Therefore, it can be carried out on a fee basis with a licensed company.

This agreement provides for the provision of waste removal and recycling services.

Drawing up an agreement for garbage and solid waste removal

During inspections, Rospotrebnadzor employees are required to check the existence of an agreement for the removal of solid waste waste. It is important not just to have such an agreement, but to have a correctly drafted agreement.

The waste removal agreement

• information about the timing and frequency of garbage collection, if this is a contract on an ongoing basis;
• cost of services provided and payment schedule;
• class of exported waste (there are 5 classes of waste, where class 1 is the most dangerous, and class 5 is practically not dangerous);
• volume of waste removed/disposed of;
• indication of the address of the location of the waste and information about who sorts and removes it - the customer or the contractor;

Attachments to the waste removal agreement:

• schedules for removal and acceptance of garbage and waste;
• acts of acceptance and transfer of solid waste;
• passports for waste of classes 1-4 (for waste of class 5 a passport is not required).

Public offer and non-public offer

A simple (or non-public) proposal is a proposal addressed to:

• one specific person, individual;
• one legal entity or individual entrepreneur, a specific firm or company.

An offer is considered public:

• posted in the media;
• addressed to any person who can get acquainted with it.

The main features of a public offer, according to Art. 437 of the Civil Code of the Russian Federation (Civil Code) are :

• the will of the person calling for the conclusion of an agreement on the terms described in the offer;
• presence of essential conditions presented in the offer;
• appeal to anyone who responds to this offer.

Essential terms are provisions without which a contract cannot be concluded.:

• subject of the contract (description, quantity, compliance with certain standards);
• price or transaction value, payment procedure;
• the intended purpose of the subject of the agreement (for example, for business activities);
• term and conditions of transfer of the subject of the contract.

What it is and what it all means can be described differently, in simple words.

For example, you need to buy some thing. You can do this at the market, in the store around the corner or on the Internet. A public offer will be considered the simultaneous existence of the following characteristics :

• the presence of the thing itself (the subject of the contract);
• location of this product in free access for any person on a market counter, store shelf or website page (condition of publicity);
• description of the characteristics of the product according to the market seller, on the product itself, packaging or in the attached instructions;
• designation of the price at which the sale will be carried out;
• conditions for the sale of goods – cash in hand to the market seller, payment at the store’s cash desk, non-cash transfer of money on the Internet.

After reviewing all this, any person makes a decision whether to agree with this offer, which does not obligate anyone, or to look for a more profitable one.

Fines for lack of a waste removal agreement

The Federal Law “On Environmental Protection” regulates the rules for handling waste of various types. Legislation aims to preserve the environment and ensure human safety.

The absence of an agreement for the removal of solid waste in the organization indicates a disregard for the safety of nature and people. Therefore, for the absence of such an agreement, a fine is imposed on the organization. According to the latest data from the Moscow region government, the fine may soon be increased to 500 thousand rubles for legal entities.

By contacting our company SES-DOK, you can conclude an agreement for waste removal and order its delivery throughout Moscow and the region.

Rules for legal entities

In order to conclude an agreement between an individual entrepreneur and a company, it is necessary to provide a certificate of registration with the tax authority and other necessary documents that the contractor has the right to request. Officials must draw up an application and sign an agreement, which will include: schedule, address details, contact information.

The agreement for the provision of waste removal services is concluded on a voluntary basis, however, since its adoption, judicial practice has already encountered unscrupulous customers and performers. It is important to understand that everyone is obliged to keep their home and area clean, and the adoption of an appropriate legislative decision greatly facilitates this task.

Garbage disposal measures

Legislative requirements are justified by the fact that industrial waste is quite difficult to dispose of without resorting to the help of specialized organizations; this is also due to the high volume of waste and often its oversized nature. The lack of centralized measures for solid waste disposal leads to many negative factors; let’s consider the most important of them.

Increase in the number and scale of unauthorized waste dumps.

It is quite rare to find a production area that is not cluttered with bulky waste. It is difficult and economically unprofitable for the enterprise itself to hire employees responsible for eliminating the waste that is generated every day in geometric progression. Involving contractors to solve problems with solid waste will improve the environmental and aesthetic condition of the areas adjacent to the company.

Negative impact of industrial waste and garbage on the environment and human living conditions.

The production of packaging materials, which make up about 80% of waste, uses raw materials of far from the highest quality, which release harmful substances during the decomposition process. Some materials require specialized disposal, as they take a very long time to decompose.

The spread of household parasites and pests that live in abundance in landfills.

Depending on the type of product

Landfills and garbage deposits are excellent housing for parasites and pests. Rats and mice, cockroaches and other synanthropic insects are most often found in places where waste accumulates. With the onset of cold weather, nothing will prevent them from quietly moving into the work area. It makes more sense to stop the process of reproduction and spread of parasites, especially when this measure is regulated by law.

General deterioration of the sanitary and epidemiological situation.

Summarizing the negative impact of non-recycled waste, we can conclude that working and living conditions in such areas are far from sanitary and epidemiological standards. It is not surprising that the problem of removal and disposal of waste and industrial solid waste is being solved at the legislative level.

Conditions for the execution of the contract

It is necessary that the document contains all the points that stipulate the rights and obligations of the customer and the contractor.

The performer is obliged:

1. Remove trash according to established schedule.
2. Provide recycling and removal services using specialized equipment.
3. Carry out your work efficiently and respond to complaints.

The customer is obliged:

1. Provide free access to the waste collection site.
2. Leave contact information and address details.
3. Pay fees for services on time and in full.
4. Make a note on the provided waybill after completing the work.

The agreement is signed by mutual consent of the parties in two copies. In case of amendments, the contractor must notify the customer and enter into a new, current service agreement with him.

Obligations of the manufacturer and performer

The Federal Law “On Industrial Waste” requires each company to enter into an agreement for the organized removal of municipal solid waste and construction waste from the territory. Checking the availability of this document is a mandatory stage of the inspection performed by Rospotrebnadzor authorities.

A contract for the removal of industrial waste is an official document confirming compliance with sanitary and epidemiological standards.

The responsibilities of the company owner include:

• Registration and conclusion of a waste removal agreement with a contractor specializing in waste removal;
• Providing a contract at the request of Rospotrebnadzor specialists;
• Compliance with the requirements for regular waste removal from the enterprise.

Any violations of the rules for the removal of solid waste, as well as the lack of an agreement, are punishable by penalties. In turn, the contractor company with whom you must enter into an agreement for waste removal must provide the following for its part:

• Garbage collection;
• Transportation and removal of waste;
• Disposal of waste in authorized landfills;
• Industrial waste recycling.

Solid waste removal service at the legislative level

Garbage removal is one of the services that is used most frequently. To a beginner, the subject of such a purchase may seem simple, but it is not so. The fact is that the removal of solid waste under 44-FZ has many nuances. Let's start with the fact that in the procurement process the household concept of “garbage” is usually replaced by MSW, that is, “domestic solid waste”, or MSW – “municipal solid waste”.

Law 44-FZ allows companies, legal entities, and individual entrepreneurs that have the appropriate license to carry out solid waste removal activities. The contractor must fulfill the obligations specified in the contract for the provision of services. You need to understand that the features of waste transportation directly depend on their category.

The services we are interested in are purchased by residents of apartment buildings. In this case, the owner of the house is responsible for the condition of the site and waste collection containers. In addition, legal entities and individual entrepreneurs can receive similar GWS.

Article 426 of the Civil Code of the Russian Federation establishes: all entities that have such a need have the right to sign a document according to which solid waste will be removed in accordance with 44-FZ. The corresponding contract must be concluded with the regional operator; to select the latter, the tariff commission holds a competition. A single regional representative has every opportunity to fulfill the terms of the agreement, since he has well-organized logistics and is responsible for all processes. The latter refers to the collection, transportation to the destination and recycling of waste.

Norms and regulations: changes in legislation 2021

Starting from 2021, solid waste removal is partly carried out according to new rules. Regulations and rules are now applied differentially to small and medium-sized businesses. In particular, when concluding an agreement for the removal of solid waste, you will have to take into account the assigned category. It is determined by the degree of harm the enterprise causes to the environment. For example, when establishing category I, you will have to be guided by a comprehensive environmental permit.

Another innovation is the legalization of existing landfills that do not have the appropriate documents in full form. Their owners will be able to complete the necessary paperwork and legalize the status of the landfill until 2023. At the same time, it will be possible to remove solid waste to such facilities.

About choosing a contractor

Many entrepreneurs are forced by default to enter into an agreement for the removal of solid waste, considering this format to have no alternative. But, in practice, the law does not prohibit choosing a contractor yourself. This capacity may include:

• Individual entrepreneur or legal entity;
• licensed company;
• owner of special transport and capabilities for removal, storage, disposal or recycling of waste.

The removal of solid waste, in accordance with the law, must be carried out taking into account certain rules. The contractor's responsibilities include:

• selection of priority sorting methods - preference is given to those who use automation;
• compliance with the requirements for handling waste of hazard classes I and II - they must be removed and cannot be sent to waste disposal sites;
• concluding a subcontract agreement with a regional operator - this applies to organizations performing waste disposal and neutralization.

It is important to take into account that business owners occupying space on the first floors of residential buildings are not required by default to sign contracts on a general basis. They have the right to independently choose which operators will perform work on the basis of the contract, as well as determine other parameters of cooperation (frequency of visits, scope of authority).

Conclude a contract for waste removal "SES-DOK"

is a licensed organization that provides sanitary and epidemiological audit services to corporate clients, our services include:

• Formation and preparation of reporting documentation necessary for conducting business activities or passing an inspection by Rospotrebnadzor;
• Concluding an agreement with responsible and reliable contractors that do not raise questions from the SES and Rospotrebnadzor;
• Documentation control and support.

Experienced and qualified employees of our company are well acquainted with the nuances of filling out and generating documentation for Rospotrebnadzor.

• Find out the cost of concluding a contract for waste removal by phone
• The document preparation period is 1-2 days.

The work of our specialists completely eliminates the possibility of claims being made by supervisory authorities, and, therefore, reliably protects your business from sanctions and fines for the lack of a waste removal agreement. You can find out more information about our other services provided as part of the sanitary and epidemiological audit in other sections of our website.

Advertising and public offer

Advertising inherently reflects the will of a specific person (seller) to enter into an agreement to sell a product or service.

Posting in the media or in places accessible to a wide range of people indicates the fulfillment of only one condition of publicity - accessibility to an unlimited number of people to receive information. But whether the offer will actually be public or not is determined by the structure or composition of the advertisement.

For example, let's take two advertisements:

1. “The beauty studio provides all types of hairdressing services, evening and wedding hair styling, makeup, manicure, eyebrow correction.” The ad is placed on a photo with a picture of a beautiful hairstyle; below are the phone numbers, address and opening hours of the salon.
2. “The hairdresser provides haircuts: men’s – 500 rubles, children’s – 100 rubles, teenagers – 200 rubles, women’s – 700 rubles, nail service – 800 rubles.” The advertisement contains a collage with photographs of all types of haircuts performed, telephone number, salon address, opening hours and payment terms.

In the first case, the advertisement is not a public offer because it does not contain essential conditions - a description of specific services indicating their cost. In the second case, the advertisement contains all the signs of a public offer - specific prices for haircuts in a photo with their image (subject of the contract), address, telephone number, payment procedure (conditions for concluding a contract for the provision of services).

A public offer in an ad limits the advertiser's ability to make a profit. He is obliged to provide the service at the price indicated in the advertisement. The buyer benefits from such an offer. He can estimate future costs and select the supplier with the minimum cost of services or goods.

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