Comment to Article 336. Non-compliance with requirements for atmospheric air protection and fire safety during storage and incineration of industrial and household waste The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the rules for storing industrial and household waste, non-compliance with the requirements for atmospheric air protection and fire safety during the incineration of these wastes –
They entail a warning or fine for individuals in the amount of three, for officials – in the amount of twenty, for small businesses or non–profit organizations – in the amount of forty, for medium-sized businesses - in the amount of seventy, for large businesses – in the amount of one hundred and twenty monthly calculation indices.
The object of the administrative offense being commented on is the social and legal relations that arise when observing the requirements for atmospheric air protection and fire safety during the storage and incineration of industrial and household waste.
In accordance with Article 300 of the Environmental Code, only non-hazardous waste can be disposed of without pretreatment.
Hazardous waste should be subjected to neutralization, stabilization and other methods of exposure that reduce the hazardous properties of waste.
It is prohibited to place hazardous waste in non-hazardous waste landfills. It is prohibited to bury solid household waste without its preliminary processing.
The criteria for receiving waste at a landfill of a certain class are determined as follows:
1) protection of the environment (especially groundwater and surface waters) and public health;
2) ensuring waste stabilization processes within the landfill;
3) the qualitative composition of the waste received;
4) requirements or restrictions on the amount of waste received and the ability of their organic components to biodegrade;
5) restrictions on the number of potentially dangerous components in accordance with the protection criteria;
6) Ecotoxic properties of waste and resulting filtrate.
The storage of waste in unidentified locations and the formation of spontaneous landfills are prohibited.
Each landfill should 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.
Newly constructed landfills of solid household waste should be equipped with systems for collecting and discharging filtrate and landfill gas. The requirements for the design, construction and operation of systems for collecting and discharging filtrate and landfill gas are established by the standards of the Republic of Kazakhstan. The requirements of the standards for the design, construction and operation of systems for collecting and discharging filtrate and landfill gas are mandatory for individual entrepreneurs and legal entities, regardless of their organizational and legal form.
Newly constructed landfills of solid household waste should be equipped with an anti-filtration screen. The requirements for the design and construction of anti-filtration screens are established by the standards of the Republic of Kazakhstan. The requirements of the standards for the design and construction of anti-filtration screens are mandatory for individual entrepreneurs and legal entities, regardless of their organizational and legal form.
The amount and hazardous properties of waste intended for landfill disposal should be reduced.
The landfill owner should take measures to reduce methane generation at the landfill by reducing the volume of biodegradable waste disposal and implementing landfill gas control and disposal systems.
To prevent environmental pollution, the landfill owner must implement a unified admission procedure based on waste classification.
The activities of landfills are carried out on the basis of a plan to bring the site in line with environmental requirements within the time period agreed with the authorized body in the field of environmental protection.
The owner of the landfill is creating a liquidation fund to carry out land reclamation and environmental impact monitoring activities after the landfill is closed.
It is prohibited to operate a landfill without a liquidation fund.
The above-mentioned provisions on the disposal of hazardous waste do not apply to subsurface users who have provided security for the fulfillment of their liquidation obligations in accordance with the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use".
The procedure for receiving and classifying waste accepted for burial is established by the owner of the landfill and coordinated with the authorized body in the field of environmental protection.
Control over compliance with the requirements for the disposal of waste at landfills and the maintenance of landfills is carried out by the authorized body in the field of environmental protection.
According to P. 4 Sanitary Rules "Sanitary and epidemiological requirements for the collection, use, application, neutralization, transportation, storage and burial of industrial and consumer waste", approved by the Order of the Minister of Health of the Republic of Kazakhstan dated April 23, 2018 No. 187, collection and temporary storage of industrial waste is carried out by individuals and legal entities during the operation of facilities, buildings, structures, structures and other facilities that generate industrial waste, with subsequent export independently or by specialized entities by concluding appropriate agreements for further neutralization, burial, use or disposal.
At production facilities, the collection and temporary storage of industrial waste is carried out at special sites (places) corresponding to the hazard class of waste. As the waste accumulates, it is collected separately for each waste group according to the hazard class.
Paragraph 8 of the Sanitary Rules "Sanitary and epidemiological requirements for the collection, use, application, neutralization, transportation, storage and disposal of industrial and consumer waste" stipulates that "according to the degree of impact on human health and the environment, waste is divided into the following five hazard classes:
1) Class 1 – extremely dangerous;
2) Class 2 – highly dangerous;
3) Class 3 – moderately dangerous;
4) Class 4 – low risk;
5) Class 5 – non-dangerous."
In accordance with paragraphs 12-16 of the Sanitary Rules "Sanitary and epidemiological requirements for the collection, use, application, neutralization, transportation, storage and disposal of industrial and consumer waste", industrial waste of hazard class 1 is stored in sealed containers (steel barrels, containers). As the waste container is filled, it is covered with a steel lid, if necessary, it is welded with electric gas welding and packages with hazardous waste are marked with dangerous properties.
Industrial waste of hazard class 2 is stored, according to its aggregate state, in plastic bags, bags, barrels and containers that prevent the spread of harmful substances (ingredients).
Industrial waste of hazard class 3 is stored in a container that provides localized storage, allows for loading and unloading, transportation and eliminates the spread of harmful substances.
Industrial waste of hazard class 4 is stored openly on an industrial site in the form of a cone-shaped pile, from where it is loaded onto vehicles by a forklift and delivered to a disposal or burial site.
Solid waste, including bulk waste, is stored in containers, plastic, paper bags or bags, and as it accumulates, it is taken to landfills.
The objective side of the act is expressed in actions (inaction) that violate the rules for storing industrial and household waste, non-compliance with the requirements for atmospheric air protection and fire safety during the incineration of these wastes.
The subjective side of the act is characterized by the fact that offenses can be committed either intentionally or negligently.
The subject of the offense may be an individual, an official, a small business entity or a non-profit organization, a medium-sized business entity, or a large business entity.
Article 336 of the Administrative Code provides for alternative jurisdiction. Thus, in accordance with paragraphs 1) of Part 1 of Article 686 of the Administrative Code, the authorized body in the field of civil protection considers cases of administrative offenses in the field of fire safety provided for in Article 336 of the Administrative Code.
In accordance with paragraph 19) of Article 1 of the Law of the Republic of Kazakhstan dated April 11, 2014 "On Civil Protection", the "authorized body in the field of civil protection" is the "central executive body responsible for the management and intersectoral coordination, development and implementation of state policy in the field of civil protection in terms of prevention and elimination of natural disasters of a man-made nature, providing emergency medical and psychological assistance to the population, ensuring fire safety and organizing Civil defense."
According to Part 1 of Article 697 of the Administrative Code, the authorized body in the field of environmental protection examines cases of administrative offenses provided for in 336 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.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
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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