Comment to Article 331. Violation of the rules of operation, as well as non-use of equipment for cleaning emissions into the atmosphere and wastewater discharge The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the rules of operation, as well as non-use of equipment for cleaning emissions into the atmosphere and wastewater discharge –
They impose a fine on individuals in the amount of ten, on officials, small business entities or non–profit organizations – in the amount of forty, on medium–sized businesses - in the amount of seventy, on large businesses - in the amount of two hundred monthly calculation indices.
The object of the offense is the social and legal relations that arise when observing the rules of operation, as well as the use of equipment for cleaning emissions into the atmosphere and wastewater discharge.
Paragraph 1 of Article 7 of the Environmental Code of the Republic of Kazakhstan establishes that "land, subsoil, surface and groundwater, atmospheric air, forests and other vegetation, wildlife, the gene pool of living organisms, natural ecological systems, climate and the ozone layer of the Earth are subject to protection from destruction, degradation, damage, pollution and other harmful effects."
Thus, according to paragraph 7 of Article 262 of the Environmental Code of the Republic of Kazakhstan, emissions into the atmosphere are subject to control in accordance with the requirements of the legislation of the Republic of Kazakhstan, proven principles and methods adopted in international practice in the field of environmental protection during oil operations. In accordance with paragraph 6 of Article 300 of the Environmental Code of the Republic of Kazakhstan, "each landfill must be equipped with a monitoring system for atmospheric emissions (landfill gas), filtrate and wastewater generated in deposited waste to prevent their negative impact on the environment."
In accordance with Article 225 of the Environmental Code of the Republic of Kazakhstan, the use of natural water bodies for wastewater discharge is prohibited, except in cases provided for in paragraph 2 of this article.
Wastewater discharge into surface water bodies and subsurface is allowed if appropriate environmental permits for emissions into the environment are available.
At the same time, wastewater discharge into surface water bodies is allowed with the permission of the authorized state body in the field of use and protection of the water fund, wastewater discharge into the subsurface – if there is an appropriate license or contract for subsurface use.
Nature users who have wastewater storage facilities and (or) artificial water bodies intended for natural biological wastewater treatment are required to take the necessary measures to prevent their impact on the environment, as well as to carry out land reclamation after their exploitation ceases.
The creation of new (expansion of existing) storage evaporators is allowed with the permission of local executive bodies of regions, cities of republican significance, and the capital, provided that other methods of recycling the resulting effluents or converting production to waste-free are impossible.
Requirements for projected (newly commissioned) storage evaporators of industrial wastewater:
1) the presence of an anti-filtration screen;
2) the placement of normatively treated wastewater according to design decisions that have a positive conclusion of the state environmental assessment.
The nature user may not exceed the established standards for the concentration of pollutants in wastewater or introduce new substances into wastewater that are not provided for in the environmental permit. In case of violation of these requirements, the discharge of wastewater must be stopped. The water discharged into surface reservoirs must be transparent, colorless, odorless, free of pathogenic bacteria and substances harmful to human and animal health in concentrations exceeding hygienic standards. The temperature of the discharged water should not exceed 30 degrees Celsius.
The discharged water should not contain substances that aggressively act on concrete and metal.
It is not allowed to discharge wastewater, regardless of the degree of its purification, into surface reservoirs in areas of sanitary protection of centralized drinking water sources, resorts, and in places designated for bathing.
Natural resource users who discharge wastewater into water bodies, subsurface, into wastewater storage facilities, onto terrain or having a closed water disposal cycle must use water volume meters and keep logs of water consumption and sanitation in accordance with the water legislation of the Republic of Kazakhstan.
It is prohibited to discharge wastewater without prior treatment into water bodies, terrain, and wastewater storage facilities, with the exception of discharges of mine and quarry waters from mining and metallurgical enterprises into storage ponds and (or) evaporation ponds, as well as waters used for water cooling, into storage facilities located in a closed-circuit system (circulating) water supply.
According to clause 5) of Article 72 of the Water Code of the Republic of Kazakhstan dated July 9, 2003 No. 481, water users are required to "maintain water facilities and technical devices that affect the condition of waters in good condition, improve their operational qualities, keep records of the use of water resources, equip intakes, water outlets of water facilities and discharge facilities with measuring instruments and measuring devices." waste and collector waters".
89 of the Water Code of the Republic of Kazakhstan stipulates that "organizations that have accumulators of industrial contaminated wastewater or mine, quarry mine waters are required to take the necessary measures for their purification, neutralization and disposal, as well as to carry out land reclamation occupied by these accumulators."
In paragraphs 4-11 of the Rules for Wastewater Intake into wastewater disposal systems of settlements, approved by the Order of the Minister of National Economy of the Republic of Kazakhstan dated July 20, 2015 No. 546, wastewater disposal systems are not subject to:
waters containing soil, sand, construction and household waste, and fat;
waters containing sediments from local sewage treatment plants, solid production waste;
water to be used in recycling and re-supply systems (water from pools and fountains, steam condensate, drainage and relatively clean wastewater);
surface runoff from industrial sites;
ice and snow chips;
waters containing radionuclides of various decay periods.
Wastewater containing substances (materials) that lead to the following negative consequences that threaten the operability of wastewater disposal systems should not be accepted into wastewater disposal systems.:
1) damage to wastewater disposal facilities and disruption of their operation due to the following reasons:
destructive corrosive, abrasive, or mechanical effects on sewer networks, other structures, and equipment;
formation of fire-hazardous, explosive and toxic gas-air mixtures in sewer networks and sewage treatment plants;
disruption of biological wastewater treatment processes at wastewater treatment plants, including due to the content of persistent, toxic, bioaccumulating substances in wastewater that cannot be treated;
2) violation of the reliability and uninterrupted operation of the drainage system, including due to a decrease in the working cross-section of the networks and the appearance of obstacles to the flow of water;
3) creating conditions for causing harm to the health of personnel operating wastewater disposal systems;
4) the inability to dispose of sewage sludge using methods that are safe for the environment.
Wastewater intake from consumers (individuals) who use water for household consumption is carried out without restrictions.
The networks or drainage systems of consumers engaged in activities in the field of public catering are equipped with grease traps before connecting to the drainage networks.
The intake of exported domestic and industrial wastewater from consumers who are not connected to wastewater disposal systems is carried out at equipped drainage points under an agreement with the service provider.
The possibility of joint discharge and purification of domestic and industrial wastewater is determined by the composition of the latter, taking into account the existing technology of wastewater treatment plants.
Industrial wastewater, which is subject to joint discharge and treatment with domestic wastewater of a settlement, must not disrupt the operation of networks and structures of the drainage system, have a destructive effect on the material of elements of networks and structures of the drainage system, have a temperature of more than 400C and contain:
combustible impurities, acids, toxic and dissolved gaseous substances capable of forming explosive and toxic gases and mixtures in sewage disposal systems and structures;
substances and objects that clog or deposit on the elements of the drainage system;
harmful substances exceeding the values of the DQVV and interfering with biological wastewater treatment;
substances for which no maximum permissible concentrations have been established in the water of reservoirs of the appropriate type of use;
mineral pollution;
dangerous bacterial contamination;
more than 500 mg/l of suspended and floating substances;
undissolved oils, as well as resins and fuel oil;
substances in which the chemical oxygen consumption exceeds the biochemical oxygen consumption (hereinafter - BOD) (total) by more than 1.5 times;
acid solutions with a pH beyond 6.5-9.0;
foul-smelling and other volatile substances in quantities that pollute the atmosphere of the work area in industrial premises and on the territory of sewage treatment plants;
dangerous bacterial and viral contamination (with the exception of substances whose discharge is permitted by sanitary and epidemiological requirements);
waste from air purification (dust and gas purification equipment), precipitation from technical water treatment plants, including boiler houses, thermal power plants, ion exchange resins, activated carbon, concentrated solutions for the regeneration of water treatment systems, chemical reagents and reagents;
any solid waste from slaughterhouses and meat processing, kanyga, whole blood, waste from the processing of hides and skins, waste from animal husbandry, animal husbandry and poultry farming, including fecal.
The intake of industrial wastewater into the sewage disposal system of a locality is allowed under the following conditions:
sufficient capacity of the wastewater disposal system for receiving industrial wastewater;
provision of industrial wastewater treatment technology, removal of incoming pollutants up to the regulatory requirements of maximum permissible discharges (hereinafter referred to as MDS);
meeting the requirements of the technical conditions of the service provider;
compliance of the composition of the consumer's industrial wastewater with the requirements of the content of high-quality wastewater in them.
The objective side of the commented offense is characterized by the fact that the act is committed through actions (inaction), expressed in violation of the rules of operation, as well as the non-use of equipment for cleaning emissions into the atmosphere and wastewater discharge.
The subjective side of the offense is expressed in the form of intent or negligence.
The subject of a special offense is individuals, officials, small business entities or non–profit organizations, medium-sized businesses, and large businesses.
According to Part 1 of Article 697 of the Administrative Code, the authorized body in the field of environmental protection considers cases of administrative offenses provided for in Article 331 of the Administrative Code.
Paragraph 47) of Article 1 of the Environmental Code of the Republic of Kazakhstan states that "the authorized body in the field of environmental protection is the central executive body responsible for management and intersectoral coordination in the field of environmental protection and environmental management, as well as its territorial bodies."
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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