Comment to Article 351. Violation of the rules of accounting, disposal and neutralization of production and consumption waste The Code of the Republic of Kazakhstan on Administrative Offences
Violation of the rules of accounting, disposal and neutralization of production and consumption waste –
entails a fine for officials and small business entities in the amount of ten, for medium–sized businesses – in the amount of twenty, for large business entities - in the amount of two hundred monthly calculation indices.
The object of the offense is the established procedure for accounting, disposal and neutralization of production and consumption waste.
According to art. 296 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 No. 212, the waste owner is obliged to keep records of them (type, quantity and origin), as well as collect and store information about the properties of waste hazardous to the environment and (or) human health.
Waste managers and producers of hazardous waste are required to keep regular records (type, quantity, properties) of waste generated, collected, transported, disposed of or disposed of in the course of their activities.
The rules for accounting for production and consumption waste are determined by the authorized body in the field of environmental protection.
Waste owners must keep waste accounting records for five years.
Waste owners submit to the authorized body in the field of environmental protection an annual report on their activities in the field of waste management for inclusion in the State Waste Cadastre.
Primary statistical data in the field of waste are presented in accordance with the legislation of the Republic of Kazakhstan in the field of state statistics.
In accordance with paragraph 1 of Article 286 of the Environmental Code, waste from production and consumption is divided into hazardous and non-hazardous according to the degree of danger.
According to Article 287 of the Environmental Code, hazardous waste includes waste containing one or more of the following substances:
1) explosives;
2) flammable liquids;
3) Flammable solids;
4) self-igniting substances and waste;
5) oxidizing substances;
6) organic peroxides;
7) toxic substances;
8) toxic substances that cause prolonged and chronic diseases;
9) infectious substances;
10) corrosive substances;
11) ecotoxic substances;
12) substances or wastes that emit flammable gases in contact with water;
13) substances or wastes that may release toxic gases in contact with air or water;
14) substances and materials capable of forming other materials having one of the above properties.
For the purposes of transportation, disposal, storage and burial, 3 levels of waste hazard are established in accordance with the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal.:
1) Green is the G index;
2) Amber - index A;
3) Red is the R index.
Waste coding takes into account the area of formation, the method of storage (burial), the method of disposal or regeneration, potentially dangerous components, the type of hazard, and the branch of the economy where waste is generated.
The hazard level is determined and waste is coded on the basis of a waste classifier approved by the authorized body in the field of environmental protection, except as provided for in paragraph 5 of Article 287 of the Environmental Code.
In cases where there is no corresponding waste in the waste classifier specified in paragraph 4 of Article 287 of the Environmental Code, as well as changes in production technology or transition to other raw materials, or when hazardous properties of waste may change, the hazard level and waste coding are determined by the nature user in accordance with the methodology for determining the hazard level and waste coding.
The allocation of waste to a certain hazard level and a certain coding in accordance with this article is carried out by the nature user independently or with the involvement of individuals and (or) legal entities licensed to perform work and provide services in the field of environmental protection.
When determining the hazard level and waste coding by a nature user in accordance with paragraph 5 of Article 287 of the Environmental Code, the authorized body in the field of environmental protection, upon request from the nature user, makes changes and (or) additions to the waste classifier according to the methodology for determining the hazard level and waste coding.
In accordance with paragraphs 3 to 8 of the Rules for Accounting for Production and Consumption Waste, approved by the Order of the Minister of Energy of the Republic of Kazakhstan dated July 11, 2016 No. 312, waste managers and producers of hazardous waste keep records of production and consumption waste by their types, quantity and properties.
Accounting of production and consumption waste is carried out in the journal of production and consumption waste according to the appropriate form.
Production and consumption waste is accounted for based on actual mass measurements. All values of the amount of waste are calculated by the mass of waste in tons and rounded to three decimal places (to the nearest kilogram).
Obsolete fluorescent lamps containing mercury are reflected by the weight of the product.
In each filled–in line of the journal, the values of the amount of waste are indicated in the columns or, in their absence, zero.
Waste managers and producers of hazardous waste ensure the completeness, continuity and reliability of accounting for waste generated, collected, transported, disposed of or disposed of in the course of their activities.
According to Article 288 of the Environmental Code, individuals and legal entities whose economic activities generate waste are required to provide measures for their safe handling, comply with environmental and sanitary-epidemiological requirements and carry out measures for their disposal, processing, neutralization and safe disposal.
Individuals and legal entities are required to comply with the requirements of the legislation of the Republic of Kazakhstan when handling production and consumption waste.
Waste disposal and disposal are carried out in places determined by decisions of local executive bodies in coordination with the authorized body in the field of environmental protection and the state body of the sanitary and epidemiological service and other specially authorized state bodies.
Waste storage facilities are designed for the safe storage of waste for a period of no more than three years before its recovery or recycling, or no more than one year before its disposal. Temporary waste storage is not waste disposal.
Temporary waste storage facilities are designed for the safe collection of waste within a period of no more than six months before its transfer to third parties engaged in recycling, recycling, and disposal of waste that cannot be recycled or disposed of.
In case of violation of the conditions and terms of temporary storage of production and consumption waste (but not more than six months) established by the project documentation, such waste is considered disposed of from the moment of its formation.
The import into the territory of the Republic of Kazakhstan from countries outside the Eurasian Economic Union and the export from the territory of the Republic of Kazakhstan to these countries of waste for their use (disposal, processing) are carried out on the basis of a license issued by a body authorized by the Government of the Republic of Kazakhstan.
The import and export of waste by individuals for personal use (for non-commercial purposes) is prohibited. The import of waste for the purpose of burial and neutralization is prohibited. In the cases provided for by this Code, the waste owner is obliged to develop a waste management program with the aim of gradually reducing their volumes.
When choosing the method and location of waste disposal or disposal, as well as when identifying individuals and legal entities engaged in waste processing, disposal or disposal, waste owners must ensure minimal waste movement from the source of their formation.
The import of single-use products may be restricted or completely prohibited if it leads to the formation of waste, the disposal of which is associated with a high environmental risk or economically impractical.
It is prohibited to import products that result in the formation of hazardous waste that does not have the technology to neutralize or dispose of it in the Republic of Kazakhstan.
The production and import of products resulting in the formation of waste containing persistent organic pollutants, provided for by international treaties of the Republic of Kazakhstan on persistent organic pollutants, is prohibited.
The objective side of the offense is manifested in actions (inaction), expressed in violation of the rules of accounting, disposal and neutralization of production and consumption waste.
The subjective side of the offense is characterized by the fact that it can be expressed both in the form of direct intent and negligence.
The subject of a special offense is an official, a small business entity. medium-sized business entity, large business entity.
In accordance with 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 Article 351 of the Administrative Code.
According to Part 1 of Article 698 of the Administrative Code, the authorized body in the field of industrial safety examines cases of administrative offenses provided for in Article 351 of the Administrative Code.
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
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
