How and who can avoid paying for garbage collection in 2021

Problems of waste removal in the private sector

If a citizen lives in his own home, this means that he systematically removes waste on his own or delegates this responsibility to specialized organizations whose functions include solving this problem. This issue should not be left to chance, as it can grow into an environmental problem. Landfills located in unauthorized places and seasonal burning of garbage cause harm not only to nature, but also to residents who live in the immediate vicinity of the landfill.

Solid waste (solid waste) removal services in the private sector

Maintaining cleanliness in the private sector involves not only waste removal, but also solving a number of problems:

• seasonal tree cutting;
• removal of construction waste;
• removal of large-sized waste, for example, old furniture that can no longer be used in the household;
• cleaning up fallen leaves.

All of the above problems can be solved in different ways. Owners of individual housing must independently remove solid waste, in accordance with sanitary instructions, or resolve this issue with specialized organizations by concluding an agreement with them on waste removal and disposal.

If a private person carries out garbage collection on his own, then no one will reimburse him for the expenses incurred. If an individual wants to resolve the issue of receiving compensation for expenses incurred, then he will have to overcome many difficulties and collect a large number of papers to resolve this issue.

Garbage removal agreement

Penalty for refusal to pay

Since 01/01/2019, the garbage collection service is provided to different categories of citizens - residents of private houses, apartments in multi-storey buildings and legal entities. Consequently, they are obliged to pay for the service taking into account the current tariff. If a person ignores the requirements, debt accumulates behind him. If after 4-6 months the money has not been received, the company offering the services goes to court. If there is no result, bailiffs are involved in the work.

In the future, the following measures are applied to the debtor:

1. retention of debt, including from the accounts of credit institutions;
2. collection of money from wages, pensions or other types of profit (if there is arrears for any of the utilities);
3. seizure of real estate and the impossibility of its alienation;
4. sale of property to compensate for debt;
5. ban on traveling abroad (imposed for a certain period of time);
6. other measures.

To obtain sanctions, the case is sent to court. If the authorized body makes a decision in favor of the plaintiff, the debtor has five days to repay the debt. At the same time, FSSP employees make a decision to charge an enforcement fee in the form of 7 percent of the amount of debt. The minimum amount is 1,000 rubles for individuals and 10,000 rubles for companies .

In addition, refusal to pay the debt is fraught with penalties. After the end of the month and until the end of the three-month period of delay, 1/300 of the refinancing rate of the Central Bank of the Russian Federation is charged (calculation is carried out for each day of debt). Starting from day 91, the debtor pays 1/130 of the rate. You can calculate the penalty yourself or using an online calculator on the Internet.

Responsible person for waste removal in the private sector

The Housing Code of the Russian Federation does not take into account the issue of waste disposal from the private sector. But at the same time, no one removes this responsibility from private sector owners.

Environmental protection

The Federal Law “On Production and Consumption Waste” obliges local authorities to resolve this issue independently. Consequently, private sector residents are required to resolve the issue of waste disposal independently with local authorities.

Due to the dumping of waste in unauthorized places, violators may be subject to administrative liability, and if their actions threaten to cause harm to human health, to criminal liability. If the violator is brought to justice, this does not relieve him of the obligation to liquidate the landfill that he organized.

The pace of construction of individual housing often outstrips the construction of infrastructure. In a small private sector, if it is significantly removed from civilization, government representatives may be absent. In this case, the task of removing household waste rests entirely with residents.

Changes for 2021

At the beginning of 2021, citizens of certain regions of Russia noticed that a new column called “Management of solid waste” appeared in the receipt for payment for housing and communal services. It stands for municipal solid waste management.

The word handling refers to the collection, transportation, processing, disposal, neutralization and placement (storage) of household waste. Also, you can familiarize yourself with the differences in the concepts of MSW and MSW - one replaced the other at the legal level.

The appearance of a new column is mainly associated with the implementation of a large-scale garbage reform . Thus, if previously the removal of household waste belonged to the section “maintenance and repair” of the common property of an apartment building (apartment building), now it is an independent type of public service. This is confirmed by clause 4 of Art. 154 Housing Code of the Russian Federation .

Necessary documentation for execution of the contract

The simplest and most fundamental solution to the problem with household waste for owners of private houses is to conclude a collective or individual agreement on the removal of household waste. Currently, there is no clear legislative framework that can oblige residents of the individual sector to dispose of waste according to all rules.

Solid waste disposal is a headache for most regions of our country

To dispose of municipal solid waste (MSW), it is necessary to conclude an agreement between the enterprise that disposes of garbage waste and a specific individual. However, not all private sector residents are ready to enter into an agreement on the removal of solid waste. They explain their own reluctance to sign an agreement on the removal of solid household waste by the fact that they are able to destroy the small amount of garbage that accumulates on their site.

And a strange situation arises that “no one throws garbage into the common trash container,” but they are overcrowded. To prove that the private sector population is distorting the real situation, a security camera can be installed. But this is an expensive pleasure, and not everyone can afford it. True, many private sector owners have already decided to incur these costs, considering that purchasing a video surveillance camera is more profitable than daily waste removal on their own.

Residents often enter into a collective agreement regarding waste disposal. In this case, a responsible person is appointed from the residents of individual households to interact on all issues with a specialized organization.

Benefits for paying for waste removal

Some categories of citizens have benefits for utility bills in Russia. Since waste removal has been equated with housing and communal services, the requirement to reduce payments also applies to the services of regional operators. In the Moscow region, for example, pensioners also have additional bonuses:

• Minus 30% of the tariff - in the first year of retirement;
• 50% - for those over 70 years old;
• 100% - residents over 80 years of age.

Since benefits are provided by regional authorities, discounts are not reflected in receipts. The user pays for services in full according to the tariff before deduction of discounts. And the amount by which the cost of services is reduced is returned to the consumer and paid on the day the pension is received.

Garbage removal fee

Payment for waste removal does not depend on the method of solid waste collection, but depends on the tariff established in the region. Since 2017, all costs for solid waste are determined according to approved tariffs and standards, which are agreed upon with the local government. All regions have their own solid waste removal program and determine a waste disposal operator.

Who pays for garbage removal?

The law establishes tariffs and payments for the transportation of solid waste. They are specified in the contract for the provision of utility services. The operator has no right to increase the tariff above the amount established by the local administration. The size of the tariff depends on the number of people living in a private house and on the number of meters of this premises.

It will not be difficult to resolve the issue of drawing up a waste removal agreement when the waste storage site is located close to the service company’s vehicle fleet. If the site is located far away, the cost of removing household waste will be high.

There are several ways to reduce your waste removal costs. It would be advisable to decide to unite a group of families to conclude one agreement for garbage removal. This will ensure maximum loading of the garbage truck, and the costs incurred are distributed among several families, which will reduce the price of services to an acceptable value.

Having large orders for garbage removal, many companies provide bonuses and discounts. Several homeowners can use one dumpster, and the cost for this service is significantly reduced.

If you decide to use the container yourself, you will need to place it on your property behind a fence to avoid theft. It is imperative to ensure comfortable access for vehicles to the container.

Why are we not happy with the payment situation?

In practice, quite often there are situations when the owner of the premises, for one reason or another, is dissatisfied with the content of the column “Management of solid waste”.

This may be due to the following reasons:

1. Incorrect calculation of the cost of a utility service - knowing the current tariffs and consumption standards (the volume of waste in cubic meters that is generated by a person during the year), the owner of the premises can independently make the necessary calculations and check with the amount indicated in the receipt. If there are discrepancies, he has the right to make claims.
2. The owner of the property lives in another place - in this case, he has the right to demand a recalculation of the fee for handling MSW. This is written about in paragraph 148 (44) of section XV (1) of the Decree of the Government of the Russian Federation of February 27, 2017 No. 232. In this case, the period of absence from the apartment must be at least 5 full days in a row .
3. The section of the receipt “Number of consumers” takes into account persons who are not registered in a specific premises - the calculation of fees for handling household waste is carried out based on the number of registered ones. Thus, the use of an inflated number of registered ones leads to an unreasonable increase in the cost of this utility service. If such a fact is revealed, the payer has every right to make appropriate claims.
4. There are doubts regarding the correctness of the tariff used in the calculation - as is known, tariffs for this type of utility service in each individual constituent entity of the Russian Federation are established by local government authorities (for example, for residents of Moscow they are prescribed in Decree of the Government of the Moscow Region dated October 2, 2018 No. 690/ 34). Thus, if the regulatory documents of a particular region indicate one tariff, and the receipt reflects another, then this is a valid basis for making a claim against the contractor.

Expert opinion

Valeria

Lawyer and expert of the site garbage-reforma.rf

ATTENTION . It should be borne in mind that if no one is registered in the apartment, then the fee for handling MSW is calculated based on the number of owners of a given living space.

Preparing a temporary waste storage area

The subject of the agreement on solid waste disposal is 2 points:

• arrangement of a temporary storage area for solid waste;
• registering the location so that the waste collector can remove the waste.

The agreement stipulates the frequency of solid waste removal:

• once every few days;
• as needed, by phone call.

A number of waste disposal companies can collect sorted solid waste.

For this purpose, household waste is sorted as follows:

• organic waste;
• garbage that can be recycled;
• other garbage.

In this situation, you will need several containers.

Arranging a site for installing a garbage can, ensuring its purchase and installation is something many residents can do. In terms of costs, it will be much cheaper than the services of specialized companies. You just need to familiarize yourself with the required technical conditions. They determine the container format and other installation parameters and conditions.

When choosing a garbage container, you need to focus on the average volume of solid waste when purchasing. A garbage container must be selected with a hermetically sealed lid so that the unpleasant odor does not spread near the house.

Even for a small family, it is logical to purchase 2 containers:

• a large-volume container is designed for collecting solid household waste (glass, polymers, cleaning residues);
• a smaller container is used to collect organic debris.

Cyclicity of garbage collection

When agreeing on a contract for waste removal, you need to determine various terms and cyclicity of services:

• organic residues must be removed constantly;
• the second container is emptied as it is filled or seasonally.

Cyclicity of waste removal

If there is a large accumulation of light, voluminous and loose garbage, you can purchase a container with a pressing mechanism that will reduce the volume of garbage by 7 times.

If garbage accumulates in small volumes, then renting a container or paying on an ongoing basis for solid waste removal services is not practical. There are companies that provide specialized waste bags with a logo. As the bag is filled, it is delivered to the agreed location and a new garbage bag is purchased.

New rules

After the changes made, the conclusion of an agreement is mandatory for the following categories of citizens:

• owners of private properties (houses, cottages);
• owners of apartments and premises in apartment buildings (provided that management is provided in the building);
• Management companies, residential complexes and homeowners' associations, as well as other special cooperatives;
• owners of non-residential properties and houses (legal entity, individual entrepreneur).

The MSW service includes collection, transportation, neutralization procedures and waste unloading. A certain procedure and subtleties of MSW management services are prescribed in the Government Decree. Detailed explanations are provided in the regional operator agreement.

Garbage removal prices are set taking into account a single tariff, which is determined by the regional operator. The cost is approved by the price department and government agencies.

Claims regarding the services provided are transferred to the management company, cooperative or HOA. This is true if they signed an agreement with a local operator. Complaints regarding the cleanliness of container areas, garbage chutes and receiving chambers are written to the above-mentioned bodies (cooperatives, homeowners' associations and management companies). Contacting the local operator is possible with direct execution of the agreement. The regional operator is responsible for the work performed from the moment the waste is loaded into a special machine until the cargo is dumped at special sites.

Some tips for removing waste from the “private sector”

Basically, several schemes are used:

• traditional, with waste accumulation on a container site;
• individual, when homeowners place bags of garbage or small containers (120 liters) along the road;
• bulk method, when garbage is collected in bags, cardboard boxes and removed according to a schedule;
• the traditional system, when waste from individual households is accumulated in a specially equipped container site, has a number of disadvantages;

Firstly, anyone can throw garbage there, regardless of payment. Secondly, in contrast to container sites near apartment buildings, in the “private sector” the specific maintenance costs per “solvent resident” will be higher. Thirdly, maintaining cleanliness and order at such sites can be ensured mainly by the work of the waste removal team, because There are no janitors in the “private sector”.

This leads to careless homeowners dragging mown grass, leaves, branches and other “country waste” to such sites. There are no penalties for such behavior.

An individual collection system means that each homeowner puts their garbage in a “personal bin”. Plastic bags are used to avoid buying a bin and to simplify loading into a garbage truck.

The bulk method also has its disadvantages. Animals tear the bags and take away the garbage with the remains of food. Everyone who is not too lazy puts out bags of garbage whenever they want. However, this method eliminates the need to set up a solid waste collection site.

How construction waste is removed

According to the established classification, construction waste is classified as categories 3 and 4 of MSW. And for proper disposal, you should contact an organization that has the appropriate permit to work with these classes of solid waste.

The law allows you to dispose of construction waste yourself.

But for this, a number of conditions must be met:

• Properly sort and pack waste.
• Provide transport with a loader (transport must have a license to carry out such work).
• Prepare a package of permits (usually it consists of 8 pieces).
• Deliver solid waste to a specialized landfill.
• Pay (and, if necessary, provide Rospotrebnadzor) with a receipt indicating the cost of disposal.

Obviously, it is easier to conclude an agreement with a licensed organization for the removal of a certain volume of construction waste. In this case, the citizen will save time and get rid of the risk of being fined for unauthorized actions .

What kind of document is this

At first glance, nothing has changed for the average citizen. The contract for the removal of MSW is concluded in a standard written form in several copies. Before signing an agreement, citizens or organizations producing waste must complete simple steps:

1. Determine the hazard class of MSW: from 1, the most dangerous, to 5, non-hazardous.
2. Obtain a certificate for the required waste hazard class. Typically, this is done by the regional operator himself or his authorized representative. The certificate is an annex to the agreement.
3. Determine the owner of the MSW. According to the new provision, before shipment it is the owner of the container site, and after that it is the regional operator.
4. Enter into a contract.

It is important to understand: the document regulates all relations of a citizen or organization producing MSW, and can serve as confirmation of correctness in court when resolving controversial issues. An agreement drawn up outside the legal framework is declared illegal.

Is it necessary to enter into an agreement?

Since 2021, all citizens and organizations producing MSW are required to enter into an agreement for the removal of MSW. At the same time, the residents of the apartment building do not personally sign the document: the management company or the HOA does this on their behalf.

The private sector litter law should be interpreted correctly. The homeowner must now contact an authorized organization and, after submitting documents for the house, enter into an agreement.

This obligation today follows from the interpretation of the owner of MSW. Until January 1, 2021, the owner of waste generated by residents was the local administration. And therefore, citizens had the right to throw away household waste free of charge in exposed containers.

From January 1, 2021, the owner of MSW is recognized as the owner of the territory where the waste collection site is equipped. And if it is located in the local area, then the resident himself must pay for the garbage.

Fines due to lack of agreement

For the absence of an agreement for the removal of MSW, you will have to answer according to the law:

1. For unauthorized desire to remove garbage and the creation of spontaneous landfills, burying solid waste in the ground, dumping it into water bodies, citizens are subject to fines of 1,000-3,000 rubles.
2. If an individual entrepreneur does not have the required document, his activities may be suspended for a period of up to 3 months.
3. For systematic refusals to sign an agreement, a legal entity producing MSW is punishable by a fine of up to 300 thousand rubles. If an individual does not want to enter into an agreement, he will face a fine of up to 5,000 rubles.

(All data on fines and sanctions are current as of 03/03/2019).

It is important to understand: such measures are designed to rid the area of ​​spontaneous waste dumps, improve the environmental situation in the regions and stabilize the movement of waste flows.