As a result, the so-called “garbage reform”, the removal of solid household waste became a public service. However, the number of questions regarding payment for this service not only did not decrease, but, on the contrary, increased significantly. And while there are no official government regulations on the identified gaps, answers to them have to be sought in court.
At the moment, two important court decisions can be identified that have expanded the circle of persons who may not pay for waste removal (in contrast to the established “refusal” practice of regional operators).
New procedure for calculating charges for waste removal
The essence of Russian waste reform is the emergence of regional operators responsible for waste circulation in a certain territory. These organizations handle all waste-related operations:
- organizing gathering places;
- export;
- storage;
- recycling.
Regional operators may outsource the work to licensed external contractors, but they remain the point of contact and point of contact for citizens.
In some regions, even payment for waste processing is accepted by external organizations based on an agreement with the regional operator.
The updates involve not only new participants in the waste management chain, but also the charging procedure. In a standard situation, the calculation of the payment amount for MSW management depends on 3 components:
- housing area;
- consumption standard;
- rates (tariff).
What needs to be done to recalculate and reduce the payment
In order to reduce the amount in the payment receipt, you can:
- write out people who do not live on the property;
- submit a request for recalculation in connection with a change of residence;
- submit an application for the absence of residents for more than five days.
In order to reduce the payment, you must provide the regional operator with a certificate of the number of persons registered at this address. Having previously discharged those people who do not live in the apartment.
Nuances of calculating fees for handling MSW
The procedure for generating an invoice for solid waste removal may differ from the standard situation for the following reasons:
- absence of residents in the apartment or house;
- lack of registered residents;
- the owner owns several properties;
- failure to perform services on the part of the regional operator.
Regional authorities set tariffs and consumption standards, as well as the calculation methods used.
If no one lives in the apartment or private house
The amount of payments may be reduced if documentary evidence of the tenant’s absence from the property for more than 5 days is provided.
An example for such a recalculation is registered students living at the place of study. Another example is travel related to vacation or business trip.
The complete absence of residents is confirmed by the following documents:
- bills for other services (electricity, water supply) with zero values, indicating that the apartment is not functioning;
- extracts from places of accommodation (hotels, recreation centers), travel tickets;
- confirmation of payment for removal of MSW to another address.
To do this, you need to contact the regional operator, clarify the required list of supporting documents, and submit an application for recalculation.
If no one is registered in the apartment or private house
There may be situations in which a region uses a charging scheme that depends on the number of registered residents. The absence of registered residents in an apartment or house does not mean that incoming payments will be reset. Payment for garbage, if no one is registered in the residential premises, is carried out on the basis of property rights and is collected from the owners. This means that if there are two owners, for example, the bill will be issued by charging the amount for two people.
If the owner has several residential premises
Owners of several apartments or houses cannot exclude payment for properties in which they do not live. This is due to the legal features of the definition of permanently and temporarily residing citizens. According to the definitions, an owner of several properties who does not reside in one of them permanently is not temporarily absent. Only the category of temporarily absent citizens can receive a recalculation for MSW removal services. The owner is required to pay utility costs for each property owned. This rule is based on the provisions of the Housing Code - Article 155, Part 11.
We recommend: New procedure for paying for garbage for residents of apartments and private houses
If the service is not provided due to the fault of the regional operator
Issuance of payment documents is carried out on the basis of an agreement with the management company, concluded by the management company or directly by the residents. Failure by the operator to fulfill the obligations for garbage removal included in the payment does not relieve residents from the need to pay invoices.
To receive a recalculation, residents must record facts of unfulfilled obligations to organize waste collection and removal. For example, take photos of missing or overfilled tanks.
The evidence is sent directly to the regional operator or to the local Rosprirodnadzor authority. The basis for recalculation is government resolution No. 354.
Explanation of the procedure for accrual and payment for the “MSW Management” service for residents of the private sector of the Moscow Region
28.02.2019
In connection with numerous requests from residents of the Moscow region, Mosenergosbyt JSC explains the procedure for accrual and payment for owners of individual housing construction projects.
Why receipts from Mosenergosbyt?
Between Mosenergosbyt JSC and Regional operators that provide services for the management of solid municipal waste in the Moscow region, agreements have been concluded for the organization of monthly utility bills and their inclusion in a single payment document, as well as the delivery of receipts to owners of individual residential buildings located in territory of the Moscow region, and organization of payment acceptance.
As part of this work, Mosenergosbyt JSC carries out exclusively the monthly formation of a single payment document containing charges for and “Management of solid waste”, based on address lists of individual residential buildings in the territory of municipalities of the Moscow region, provided by Regional operators.
All other issues, including those related to the correctness of information about the characteristics of households and the quality of services provided, are solely within the competence of Regional Operators.
How are accruals made?
The amount of the fee depends, first of all, on the area of the residential building located on the site. In accordance with the methodology developed by the Ministry of Housing and Communal Services of the Moscow Region, the calculation is carried out according to the formula:
Tariff x House area x 0.7 (discount).
For individual households located within a radius of 2 km from the location of existing landfills and waste treatment complexes, an additional discount of 70% is applied.
At the same time, a maximum payment amount has been established for houses with different areas, above which the amount of charges cannot be exceeded.
You can calculate the amount to be paid yourself, as well as check the correctness of the calculations in the receipt, using an online calculator posted on the website of the Committee on Prices and Tariffs of the Moscow Region.
Where did 200 meters come from?
In some cases - when the Regional Operator does not have information about the area of a residential building - in accordance with the recommendations of the Ministry of Housing and Communal Services of the Moscow Region, when calculating charges, the average standard indicator of the area of the house is 200.00 m2 and the corresponding maximum payment for the amount of 450.00 rubles .
If the applied standard does not correspond to the actual area of the house, in order to ensure further correct calculations for residents, it is necessary to send documents confirming the area of the residential building to the Regional Operator (in any other convenient way) or by e-mail. After providing the supporting documents, the Regional Operator will The cost was recalculated in accordance with the exact size of the house area.
Where and how to pay?
You can pay for a single payment document in two ways: a single payment for both services or separately to each service provider.
When paying in a single payment, you must use the details indicated at the top of the EPD and a single personal account number. In this case, the operator of the Mosenergosbyt project will independently transfer the required amount to the regional operator.
For separate payment directly to service providers, you must indicate the personal account number of a specific supplier and use their details indicated at the bottom of the EPD.
IMPORTANT! If payment for a particular service is made using the details specified for making a single payment, the amount will be distributed between both service providers in proportion to the accruals made.
You can pay for the EPD at any credit institution (bank) using the details specified therein, as well as at payment terminals installed in the client offices of MosObleIRTs LLC (cash only).
Also, for the convenience of residents, a Unified Personal Client Account (my.mosenergosbyt.ru) has been launched, in which you can not only make EPD payments without commission, but also view all the information on charges, tariffs, etc. If the client already has a Mosenergosbyt personal account, then it is enough to log in to a single LKK using the existing login and password. New users need to go through a simple registration procedure (detailed video instructions are posted on the main page). After registration (authorization) you must add a personal account with the Regional Operator for the Management of MSW (specified in the EPD).
Will the power be turned off if you don’t pay for “MSW Management”?
In accordance with current legislation, the introduction of restrictions on energy supply is possible only in the event of arrears for consumed electricity.
If the site is empty
If the land plot contains only outbuildings (for example, garages, sheds, etc.) and there are no residential buildings, it is necessary to provide supporting documents to the Regional Operator (for example, a certificate of ownership, an extract from the Unified State Register, etc.). d.), which indicate that these buildings are not residential. Photos of the site and the objects located on it must also be attached to the documents. Documents can also be sent with a covering letter by email.
* * *
If there are no buildings on the land plot at all, it is necessary to provide the regional operator with photographs of the plot confirming this. You can also send photos with a cover letter to the following email: [email protected]
Based on the materials provided, the regional operator will consider the issue of recalculation.
Who do summer residents pay?
If private households are part of SNT, DNT, DNP, cottage villages, which are served by a management organization, then, in accordance with current legislation, the collection and transfer of accumulated waste to the Regional Operator is carried out directly by the management bodies of such organizations, which, as legal entities, independently enter into relevant agreements with Regional operators. Accordingly, payments to the Regional Operator directly by residents are not provided.
However, as follows from customer requests, some owners of land plots from the above category still erroneously received an EPD with .
In order to correct this error, local government bodies, together with Regional operators, on behalf of the Ministry of Housing and Communal Services of the Moscow Region, are currently re-verifying address lists to exclude summer residents from them. However, this process may take some time.
To more quickly resolve this issue, the chairmen of the SNT (DTN, DNP, heads of management organizations) can send in any convenient way to the Regional Operator an appeal indicating the personal account numbers for the ENP of each resident and attaching copies of documents confirming the presence of an appropriate management method in a specific territory. After submitting the documents, the Regional Operator will exclude all listed addresses from the address list.
Residents can also contact Regional operators using a similar scheme on their own.
Where can I complain if the garbage is not taken out?
If residents identify facts of untimely removal of solid municipal waste or if there are other complaints about the work of the Regional Operator, residents are advised to contact the hotlines of Regional Operators to promptly resolve issues regarding the removal of solid municipal waste.
In addition, if any questions arise, residents of the Moscow region can contact the hotline for MSW management in the Moscow region: +7 (495) 123-36-46, by email or through the feedback form in the client’s personal account .
The quality and organization of work provided by Regional operators are beyond the competence of Mosenergosbyt JSC.
List of regional operators in the Moscow region.
More information on the website of the Ministry of Housing and Communal Services of the Moscow Region.
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Submitting an application for recalculation
The basis for recalculating the amount to pay for MSW management services depends on several factors. They are related to the legal status of residents and the fulfillment of obligations by the regional operator:
- incorrect room area in the receipt;
- the number of residents is incorrect if the calculation is based on this indicator;
- education of temporarily absent persons;
- tenant benefits;
- failure to fulfill obligations by the regional operator.
A sample application is requested from the regional operator or filled out according to a standard template with a description of the situation, supported by evidence.
Ignoring the consideration of the application is a reason to contact the local body of Rosprirodnadzor, which is responsible for the activities of regional operators.
General information
In all these cases, the answer seems to be obvious: since garbage is not produced, then there is no need to pay for it. Let's look into this issue in more detail to see if this is actually true. I’ll say right away that the information on this matter is very contradictory in different sources, including among lawyers, it all depends on the individual situation.
INFORMATION: Part 11 of Article 166 of the Housing Code of the Russian Federation, which regulates the payment of utility bills for residential premises, states that non-use of the premises by owners, tenants or other persons does not exempt from payment of utility bills.
Benefits and subsidies for paying for waste removal
Local authorities determine not only the method of charging for waste removal and standards, but also a list of regional benefits. Some of them allow you to reduce the amount of payment for handling MSW. In addition, there are 50% discounts provided by federal benefits. General list of preferential categories of citizens at the federal level:
- disabled people and WWII participants;
- combat veterans;
- residents of besieged Leningrad;
- disabled people, families of disabled children;
- concentration camp prisoners;
- liquidators of the accident at the Chernobyl nuclear power plant.
Regional benefits can amount to up to 100% of the cost of the service and apply to low-income segments of the population, elderly residents, and large families. Benefits are provided to those living within a radius of 2 kilometers from a landfill or other mass waste accumulation site.
If receipts arrive without taking into account benefits, then you must write an application for recalculation, as well as for inclusion in the database of preferential payers. To do this, you must provide documents confirming benefits.
How to avoid paying for garbage removal if no one lives in the apartment
Also, the owner of a property in which no one lives or is registered can contact the contractor with a request for a recalculation. If the property is empty for more than five calendar days, then you do not have to pay for this period. The condition applies to real estate that has not been used for a long time. The payer provides receipts for payment of MSW from another property. We remind you that you still have to pay the minimum. It amounts to payment per person.
What documents will be needed
Persons who own two or more properties that are not in use should apply for a recalculation. In order not to pay for waste disposal at an address where no one is registered or lives, you must provide the following documents:
- certificate from the place of actual residence from the multifunctional center or passport office;
- house management company;
- You also need to draw up an application to stop charging fees for the removal of municipal solid waste.
A regional operator or management company can identify the fact of rental housing and evasion of payment for solid waste. This happens when the homeowners are not registered in the apartment and do not live in it. But it rents out the space, while hiding the fact that tenants produce waste. If housing legislation is violated, the owner will be presented with a fine and a requirement to reimburse the debt for the entire period. Evidence of evasion of reimbursement for the cost of waste removal can be evidence from neighbors, a local police officer, or changes in the readings of a device that reads the water or electricity consumed.
MSW accumulation standards
The rules for determining standards for the accumulation of solid municipal waste, including procedures for collecting, analyzing and calculating data on the mass and volume of accumulated waste, taking into account their seasonal changes, were approved by Decree of the Government of the Russian Federation of April 4, 2021 No. 269 (hereinafter referred to as the Rules for Determining Standards) .
According to paragraph 4 of the Rules for Determining Standards, standards for the accumulation of municipal solid waste can be established differentially in relation to: a) territories of a constituent entity of the Russian Federation - municipalities (groups of municipalities) and areas of activity of regional operators for the management of municipal solid waste; b) categories of consumers of waste management services - individuals and legal entities; c) categories of facilities where waste is generated.
The categories of facilities where waste is generated are determined by the authorized body. In this case, the determination of standards is carried out separately for each category of objects (clauses 5, 6 of the Rules for determining standards).
Clause 7 of the Rules for Determining Standards establishes that in order to determine standards, waste measurements are carried out, for which areas of settlements and urban districts are selected, determined depending on the percentage of the total population of the settlement or urban district.
The procedure for collecting data on the mass and volume of accumulated waste, taking into account their seasonal changes, is regulated by paragraphs 8 - 12 of the Rules for Determining Standards.
The annual standard, expressed in quantitative indicators of mass per one accounting unit per year, and the annual standard, expressed in quantitative indicators of volume per one accounting unit per year, are determined according to the formulas given in paragraphs 19, 20 of the Rules for determining standards, as the product of the corresponding average seasonal daily standard, expressed in quantitative terms of mass per one calculation unit per day, and the average seasonal daily standard, expressed in quantitative terms of volume per one calculation unit per day, by 365.
What has changed by 2021
In January 2021, throughout Russia, a new column was added to payment documents for utility services from apartment owners (shops or offices): handling of MSW. Initially, the service of waste removal and disposal was included in the payment of general household expenses and was not allocated as a separate line.
Expert opinion
Valeria
Lawyer and expert of the site garbage-reforma.rf
According to the updated regulations, owners must pay a fee not only for waste removal services, but also for its recycling.
MSW (municipal solid waste) management is a municipal service . Transportation, neutralization and disposal of waste (clause “g”, clause 4 of the Rules, approved by Government Resolution No. 354 of 05/06/2011). Until January 1, payment was for garbage removal, and after that a column was added - payment for recycling.
Previously, management companies were responsible for waste removal; now the regional operator, with whom the management companies entered into an agreement, is responsible for waste processing. We will tell you how to make payments and what punishment awaits citizens if they do not pay for the service.
Garbage fee per square meter
Payment for MSW per square meter is not prohibited in the regions. At the same time, the Federal Law “On Industrial and Consumption Waste” contains a provision that
When establishing preferential tariffs for certain categories of consumers in the field of municipal solid waste management, the regulation of which is carried out in accordance with this Federal Law, increasing tariffs in the field of municipal solid waste management relative to their economically justified level for other consumers is not allowed.
That is, guided by accumulation standards, when calculating the tariff for garbage per square meter , it is necessary to comply with the principle of equality in the application of such a tariff, without aggravating the situation of other consumers of the municipal service for the removal of MSW by another method of calculation.
Charging per square meter is illegal
The regional authorities of the Kirov region, represented by the Ministry of Energy and Housing and Public Utilities, became defendants in a lawsuit brought by a citizen who challenged the payment for garbage per square meter. In his statement of claim, he asked to cancel the ministry’s order “On approval of standards for the accumulation of solid municipal waste” in the part that sets standards per square meter for Kirov residents.
The plaintiffs are confident that paying for garbage per square meter violates their right to equality as citizens, regardless of place of residence, enshrined in the Constitution of the Russian Federation. In addition, they believe that the methodology for determining the standards for the accumulation of solid waste, approved by the federal government, has been violated
As a result of the trial , the court canceled the fee per square meter established by paragraph 2.1 of the Ministry’s order No. 67 dated December 26, 2018 “On approval of standards for the accumulation of MSW.” This paragraph reads: “In the municipalities “City of Kirov” and “City of Kirovo-Chepetsk” for the housing stock, regardless of the degree of amenities, payment for utility services for the management of solid municipal waste provided to the consumer in a residential premises is carried out based on the total area of the residential premises , based on the standards for the accumulation of solid municipal waste in the Kirov region from 1 square meter of total area.”
The judge also canceled the standard for Kirov from the 1st quarter. meters in the amount of 0.0621 cubic meters per year. In addition, state duties of 300 rubles each were collected from the Ministry in favor of the plaintiffs.
