An agreement on the removal of waste from the territory of SNT in Russia is most often concluded by the board of the partnership. In this case, payment for the service comes from the membership fees of summer residents of the Garden Non-Profit Partnership. But it often happens that home owners in the territory of SNT may receive payment receipts directly from the regional operator involved in waste removal.
This happens in the absence of an agreement signed by representatives of the SNT board. Recently, not only dachas, but also residential buildings have often been built on the lands of the Garden Non-Profit Partnership. After all, according to the law, SNT can include not only agricultural lands, but also lands of populated areas. And for the construction of a residential building on such lands, permission can be obtained very simply. Of course, in most cases, owners of private houses, even if they are located on the territory of SNT, pay for garbage removal using receipts.
Is it necessary to conclude an agreement?
Owners of residential buildings or summer cottages on the territory of SNT do not need to enter into an agreement with the regional operator for waste removal. This also applies to those cases where there is no agreement with the board of the partnership. The fact is that in our country, starting from 2021, the garbage collection service, according to the reform, is considered not a residential service, but a utility service. It is provided to consumers either through a public offer agreement, or through the performance of implied actions. In both cases, homeowners do not need to sign anything. This applies to home owners in villages, cottage communities and SNT.
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The only thing is that sometimes owners of private houses can enter into an individual contract with a regional operator. In this case, the property owner must, at his own expense, equip a site for installing the tank, buy the tank itself from the operator and provide free access to the site for special equipment.
MSW management in gardening and dacha associations
All organizations that generate municipal solid waste (MSW), including all types of gardening and dacha associations, are required to conclude an agreement with the regional operator. This is a requirement of Federal Law No. 89 “On Production and Consumption Waste”. The board of the partnership enters into a contract with the current registrar operator EcoStroyResurs for all summer residents. But what to do if the owner has registered the house as an individual residential building (IZHS)?
The difference in calculations for a residential and garden house on the territory of SNT
1. A residential building (or part of a residential building) located on the territory of a garden and dacha partnership is registered as individual housing construction (individual housing construction)
If in the ownership documents (USRN extract) in relation to a real estate property, the “Purpose of the object” is indicated as “residential”, then the fee for the service for handling MSW will be calculated based on the accumulation standards for residential premises, approved by Order of the Ministry of Energy dated December 29, 2018 No. 1023 *.
For the urban districts of Zhigulevsk, Kinel, Novokuibyshevsk, Oktyabrsk, Otradny, Pokhvistnevo, Samara, Syzran, Tolyatti, Chapaevsk, the MSW accumulation standard is 0.091 m3 per 1 sq. m. meter of total living space. The uniform tariff is 598.16 rubles/m3.
A receipt from the regional operator can be received either individually by the home owner or by SNT, if the contract for the provision of services for the management of solid waste, in the interests of the owner, was concluded by an organization (SNT). This does not change the accrual amount for individual housing construction.
2. A garden house was built on a plot of land within SNT
In this case, the calculation for the gardening and dacha partnership will be carried out based on the number of members of the association. Summer residents transfer their part of the payment for handling MSW to the board (as part of the membership fee), and the board transfers the total amount to the regional operator.
The MSW accumulation standard for SNT members was approved by Order of the Ministry of Energy dated December 19, 2016 No. 804, it is calculated taking into account seasonality, implying that consumers live on the territory of SNT during the warm season (from April to October) and amounts to 2.26 m3 per year per 1 member of the association .
Benefits and discounts
Individual residential construction implies year-round residence of the owner, and therefore MSW on the territory of individual housing construction is also generated all year round, therefore no seasonal discounts are provided for individual residential premises.
But all gardening and dacha associations, when signing an agreement with a regional operator, can receive a 50 percent discount for each participant in such an association. Thus, the payment amount will not be 112 rubles, but 56 rubles 32 kopecks per month.
How to reduce payment by the amount of the membership fee for municipal waste if the house is registered as residential
If all the documents in the partnership are drawn up correctly, then a situation with double payments should not arise. But if this happens and the owner of a residential building on the territory of SNT receives an individual receipt from the regional operator, calculated based on the area of the house, and at the same time the gardening and dacha association asks to pay for solid waste as part of the membership fee, then it is necessary:
- Write to the chairman of the association a statement to stop charging fees for handling MSW among members of the partnership;
- Attach payment documents confirming the accrual of fees for utility services provided as the owner of the residential premises.
The chairman of the gardening and dacha partnership must contact the regional operator (and attach a copy of the owner’s application) to draw up an additional agreement to the contract in order to reduce the amount of payments to SNT members. After this, EcoStroyResurs will recalculate the payment due to the decrease in the number of SNT members.
Correcting information
If you think that the certificate of ownership (extract from the Unified State Register of Real Estate) contains incorrect information - for example, the total area or purpose of the property is incorrectly indicated, you can contact the branch of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr) to correct the mistake. errors. It is Rosreestr that is authorized to make changes to the Unified State Register of Real Estate.
When the data in the certificate of ownership is changed, the property owner will be able to contact anyone with supporting documents and a statement about the updated data.
*according to formula 9(2) of Annex 2, defined by the Rules for the provision of public services of the Russian Federation Regulation No. 354
How are garbage collection fees calculated?
The fee for garbage removal in Russia can be calculated in two ways - by the area of the house or by the number of people living in it. In SNT, the first type of calculation is usually used. But sometimes payments to house owners in associations can be calculated taking into account the number of registered residents. If no one is registered or living in the house, payment is calculated according to the number of owners.
Sanitary requirements for SNT
Resolution of the Chief State Doctor of the Russian Federation dated January 28, 2021 No. 3 approved sanitary rules and norms SanPiN 2.1.3684-21, according to which:
The choice of location for container and (or) special sites in the territories where citizens engage in gardening and vegetable gardening is carried out by the owners of the container site in accordance with the layout of container sites determined by local government bodies.
Read more here.
If the receipts come for a house where no one lives
If SNT pays for garbage removal based on the area of the house, receipts arriving at the address will have to be paid even if no one lives in the house. The only thing is that you can refuse to pay for non-existent garbage only when there is no house on the site, but only temporary buildings.
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To refuse payment, the owner of a “bare” plot needs to collect the following papers:
- documents confirming that the buildings are not permanent structures;
- a cover letter written in any form stating that there are no residential premises on the site.
You can also send a letter and papers to the regional operator by email.
Sometimes property owners in those SNTs where payment is made based on the area of the house still manage to achieve a recalculation if they did not use the operator’s service, that is, no one lived in the house, through the court.
For example, such a case occurred in the Moscow region. The summer resident went to court, insisting on a recalculation, since his house in SNT was not used from November to April. The regional operator insisted on the impossibility of recalculation, since there are no suitable formulas, methods and established procedures in legislation for this. However, the Moscow Regional Court still sided with the consumer. The recalculation has been made.
But, unfortunately, this happens very rarely. The courts in our country usually side with the operator. There are many examples of such proceedings, when the homeowner was denied a recalculation for garbage removal.
What has changed for summer residents of the Moscow region: why do you need an SNT passport and how to make money from garbage
There are more than 11 thousand gardening non-profit partnerships (SNT) in the Moscow region. At the same time, there are about 4.5 million summer residents in the region, the majority of whom (80%) are residents of Moscow. A meeting between the Governor of the Moscow Region Andrei Vorobyov and the Mayor of Moscow Sergei Sobyanin in July 2021 was devoted to the regulation of this area. It discussed the transport accessibility of dacha and garden non-profit associations for residents of the Moscow region, as well as the improvement of SNT. The result of the meeting was the conclusion of an agreement on the strategic development of the two regions, which involves joint large-scale work to improve the quality of life in gardening communities in the Moscow region. Read about how access roads to SNTs near Moscow are repaired, why gardening partnerships need certification and how they can make money from waste, read the material from the mosreg.ru portal.
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Repair of access roads
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Source: Ministry of Ecology and Natural Resources Management of the Moscow Region
In the Moscow region, only 20% of access roads to gardening and dacha associations were in standard condition. According to the Ministry of Transport and Road Infrastructure of the Moscow Region, during 2018–2019, 80% of access roads to SNT were repaired in the region.
Work on the repair of access roads involves carrying out such measures as increasing the width of the road to seven meters (to organize the movement of public transport), arranging stops with lighting and applying markings. At the same time, the conversion of roads from dirt to asphalt concrete must be carried out in such a way that public transport can move along them. The standards also provide for the arrangement of sidewalks, stops, places for buses to turn around, as well as outdoor lighting lines.
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Garbage collection and removal
Source: Main Directorate of State Administrative and Technical Supervision of the Moscow Region, Gosadmtekhnadzor
The conclusion of contracts for waste removal by gardening associations in the Moscow region exceeded 99%.
Garden associations in the region have begun implementing separate waste collection in 2021. For this purpose, special waste tanks have appeared in SNT.
In turn, First Deputy Chairman of the Moscow Regional Duma, Chairman of the Union of Summer Residents of the region Nikita Chaplin is confident that by introducing a system of separate waste collection for its removal and disposal, SNT can save up to 50%. So, first of all, attention should be paid to plastic, which makes up about 20% of the volume of garbage that is thrown away at dachas, as well as the recycling of aluminum (about 10% of garbage) - in particular, aluminum cans. A kilogram of aluminum waste can bring about 70 rubles to the SNT budget. And recycling cardboard will free up about 15% of the trash container.
The Union of Summer Residents of the Region is ready to provide all the necessary methodological support and organize excursions to those SNTs where the separate waste collection system is already operating.
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Creation of infrastructure
Source: Press service of the Governor of the Moscow region
The strategic development agreement provides for a number of measures aimed at improving and providing the necessary infrastructure to citizens living in holiday villages in Moscow and the Moscow region.
We are talking about improving the quality and accessibility of medical care, improving the provision of summer residents and gardeners with communication networks and the Internet, as well as natural gas, electricity and water. In particular, it is planned to organize the supply of drinking water by tanks, as well as provide the opportunity to create irrigation systems. For this purpose, geological surveys are being carried out, the results of which will determine the exact number of required wells.
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Increasing transport accessibility
Buses
Source: Press service of the Governor of the Moscow region, Andrey Zhabin
In accordance with the bilateral agreement between Moscow and the Moscow region, the number of bus routes has been increased on 77 regional routes leading to SNT. The changes affected a total of 20 municipalities in the Moscow region. Reducing the interval between buses made it possible to relieve congestion on the most popular routes and increase transport accessibility of gardening associations.
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Certification of SNT
light, light bulb, blackout, candle, Moscow
Source: Photobank of the Moscow region, Anastasia Osipova
To systematize information about all SNTs in the region, passports of information about gardening non-profit partnerships are being introduced in the Moscow region. They contain information such as the name of the SNT, the name of the chairman, the number of participants, the amount of membership fees, the amount of taxes paid on land plots and other information. The issue of creating an information system “Moscow Region Summer Residents” is being considered, which will allow summarizing all information about SNT, land plots and waste removal.
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Things to know
Property owners in villages and SNT should be aware that regional operators, if they do not have information about the area of houses in the serviced area, are recommended to base their calculations on an area of 200 m2. This indicator is considered average.
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Of course, owners of smaller homes can easily get a reduction in their waste removal fees. In order for payment to be calculated based on the actual area of the house, the operator must send supporting documents. That is, papers that indicate the actual area of the house. This could be, for example, a house project. According to the law, supporting documents can be sent to the operator, including by email. That is, it is not necessary to visit the office of the organization itself.
Failure to discharge waste from SNT onto the soil
If dumping of waste onto the soil is recorded on the territory of SNT, this will be the basis for prosecution under Part 1 of Article 8.2 of the Code of Administrative Offenses of the Russian Federation.
I wrote more about dumping waste on soil here.
According to the charter, SNT, from the moment of registration of the charter, is a legal entity, has an independent balance sheet, a bank account, a seal and a stamp with its name. Therefore, SNT may be held administratively liable for non-compliance with environmental legislation on the territory of SNT.
The management of SNT can provide assistance and assistance to government agencies in identifying the persons discharging waste and wastewater onto the soil.
If we are talking about the discharge of waste or sewage onto the soil, then information about the violators (with supporting documents) is transferred to the territorial department of Rosprirodnadzor, the administration of the rural settlement, district as part of land supervision; to the Rospotrebnadzor department - within the framework of compliance with sanitary and epidemiological legislation; to regional ministries of ecology - as part of compliance with waste management requirements.
If there is a fact of wastewater being discharged into a reservoir, then the information is transferred for consideration to the regional ministry of ecology or to the territorial department of Rosprirodnadzor (they will already sort out the ownership of the water body and who exactly will consider this violation).
If management shows inaction, then the legal entity (SNT) may itself be brought to administrative liability.
By virtue of the requirements of Article 2.1 of the Code of Administrative Offenses of the Russian Federation, an administrative offense is recognized as an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established by the Code of Administrative Offenses of the Russian Federation or the laws of the constituent entities of the Russian Federation on administrative offenses.
A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for violation of which the Code of Administrative Offenses of the Russian Federation or the laws of a constituent entity of the Russian Federation provides for administrative liability, but this person did not take all measures depending on it their compliance.
Thus, ecology in SNT is primarily the actions of the SNT administration.
Use of groundwater in SNT - read here.
Payment based on the number of residents: how to recalculate
If the service is provided by a regional operator based on the number of residents, it is much easier not to pay for garbage removal if there is none. When using this accrual method, the operator is required by law to recalculate the payment even when the consumer has not used his service for more than 5 days.
To get your money back, in this case, you must provide the MFC with documents confirming the absence of residents in the house for a certain period of time: a certificate from the SNT board, plane or train tickets, sick leave, etc.
How is the fee calculated if no one lives in the house?
If no one lives in the house and is not registered, when using the second method of payment for garbage removal, charges are made according to the number of owners of the house. You can try to make a recalculation in the event that the service was not provided in fact in such a situation.
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For example, the owner of a house in Altai managed to achieve this. No one lived in her house or was registered for a very long time. The regional operator refused to recalculate. Local courts also did not accommodate the consumer halfway. Then the woman went to the Supreme Court, which ruled that she could demand a recalculation for the entire time of her absence.
But, as when calculating the area of a house, the courts in such a situation often side with the operator. Unfortunately, this is exactly what happens these days.
