Article 11. Environmental pollution of the Environmental Code of the Republic of Kazakhstan

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1. Environmental pollution refers to the presence in atmospheric air, surface and groundwater, soil or on the Earth's surface of pollutants, heat, noise, vibrations, electromagnetic fields, radiation in quantities (concentrations, levels) exceeding the environmental quality standards established by the state.

2. Pollutants are any substances in a solid, liquid, gaseous or vaporous state that, when released into the environment, by virtue of their qualitative or quantitative characteristics, disrupt the natural balance of the natural environment, degrade the quality of the components of the natural environment, and are capable of causing environmental damage or harm to human life and (or) health.

Substances in this Code are understood to mean chemical elements present in their natural state in the natural environment or formed as a result of human activity, their compounds, mixtures, solutions and aggregates.

The list of pollutants whose emissions are subject to environmental regulation (hereinafter referred to as the list of pollutants) is approved by the authorized body in the field of environmental protection for a period of ten years and is subject to revision based on updated scientific knowledge about the environment and anthropogenic factors affecting its quality, as well as taking into account the development of monitoring methods, techniques and technologies. and control of pollutants. The list of pollutants is also subject to revision no later than the first year after the entry into force of the international obligations of the Republic of Kazakhstan in the field of environmental protection, requiring the adoption of state regulatory measures for pollutants not included in the list in force at that time.

3. The list of pollutants is determined based on the following criteria:

1) taking into account the level of toxicity, carcinogenic and (or) mutagenic properties of substances, including those that tend to accumulate in the environment, as well as their ability to convert into compounds with higher toxicity in the environment;

2) taking into account the natural properties of the natural environment and its ability to maintain and restore its quality by absorbing, purifying, otherwise eliminating pollutants and other forms of negative effects in a certain area without human intervention;

3) taking into account the data of the state environmental monitoring and sanitary and epidemiological monitoring;

4) if there are scientifically sound methods, techniques and technologies for measuring the quantitative and qualitative characteristics of pollutants.

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Republic of Kazakhstan

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