Commentary to article 347. Violation of environmental norms and rules during subsurface use operations  The Code of the Republic of Kazakhstan on Administrative Offences  

     1. Violation of environmental norms and rules during subsurface use operations, if this act did not cause significant damage., –

     entails a warning.

     2. The actions provided for in the first part of this Article, committed repeatedly within a year after the imposition of an administrative penalty, –

     They impose a fine on individuals in the amount of fifteen, on small businesses – in the amount of thirty, on medium–sized businesses – in the amount of fifty monthly calculation indices, on large businesses - in the amount of the amount of damage caused to the environment.

     Part 1. The object of the offense is the established procedure for conducting subsurface use operations.  

     In accordance with Article 17 of the Code of the Republic of Kazakhstan dated December 27, 2017 No. 125-VI SAM "On Subsoil and Subsurface Use", the right of subsurface use is an opportunity provided by this Code to use the subsoil on a paid basis within the allocated area for business purposes for a certain period of time.

     The right to use mineral resources is a proprietary and indivisible right. Subject to the provisions of this Code, the rules on ownership are applied to the right of subsurface use, since this does not contradict the nature of property law. The use of subsurface resources is carried out in accordance with the procedure, conditions and within the limits established by this Code.

     According to Article 219 of the Environmental Code of the Republic of Kazakhstan dated January 9, 2007 No. 212, the general environmental requirements for the use of subsurface resources are:

     1) use of subsurface resources in accordance with the requirements of the environmental legislation of the Republic of Kazakhstan;

     2) the use of special methods of field development in order to preserve the integrity of land, taking into account technical, technological, environmental and economic feasibility;

     3) prevention of man-made desertification of lands;

     4) application of preventive measures against manifestations of dangerous man-made processes during subsurface use operations;

     5) protection of the subsurface from flooding, fires and other natural factors that complicate the operation and development of deposits;

     6) prevention of subsurface pollution, especially during underground storage of oil, gas or other substances and materials, burial of harmful substances and waste;

     7) compliance with the established procedure for the suspension and termination of operations on subsurface use, conservation and liquidation of mining facilities;

     8) ensuring environmental and sanitary-epidemiological requirements for the storage and disposal of waste;

     9) reduction of territories of violated and alienated lands by anticipating the construction of highways according to a rational scheme before the start of work, as well as the use of other methods, including the cluster method of well construction, the use of technologies with internal dumping, the use of waste from mining and processing of mineral raw materials;

     10) prevention of wind erosion of soil, overburden dumps and industrial waste, their oxidation and spontaneous combustion;

     11) isolation of absorbing and freshwater horizons to eliminate their pollution;

     12) prevention of depletion and contamination of groundwater, including the use of non-toxic reagents in the preparation of washing liquids;

     13) cleaning and reuse of drilling fluids;

     14) disposal of drilling and fuel and lubricants residues in an environmentally friendly manner;

     15) purification and reuse of oilfield effluents in the system of maintaining the intra-reservoir pressure of oil fields.

     It is prohibited to discharge into the bowels of wastewater that has not been treated to the standards, with the exception of the following wastewater, which does not require the establishment of standards for the quality of substances:

     1) injection of wastewater into underground aquifers, the groundwater of which is highly mineralized, not used or cannot be used for drinking, balneological, technical needs, as well as for irrigation and animal husbandry;

     2) discharges of incidentally extracted mine and quarry waters into storage ponds and (or) evaporation ponds.

     Wastewater discharge is not the reverse injection of waters extracted along with minerals, as well as the injection into the bowels of technological solutions for mining provided for by projects and technological regulations that have received a positive conclusion from the state environmental assessment and other examinations provided for by legislative acts of the Republic of Kazakhstan.

     The subsurface user is obliged to:

     1) choose the most effective methods and technologies for carrying out work based on standards accepted in international practice;

     2) comply with technological schemes and projects for carrying out work that ensure the safety of workers, the public and the environment, and during the exploration and production of hydrocarbons – also ensuring the rational use of the subsoil.

     220 of the Environmental Code, subsurface use operations are environmentally hazardous types of economic activity and must be performed in compliance with the following requirements:

     1) the designs of wells and mine workings in terms of reliability, manufacturability and environmental safety must ensure the conditions for the protection of the subsoil and the environment;

     2) during drilling and other subsurface use operations using installations with diesel generator and diesel drive, the release of uncleaned exhaust gases into the atmosphere from such installations must comply with their technical characteristics and environmental requirements.;

     3) during the construction of subsurface use facilities on fertile lands and agricultural lands, during preparatory work for the installation of equipment, the fertile layer is removed and stored separately for subsequent reclamation of the territory.;

     4) to prevent the migration of toxic substances into natural objects, an engineering system for the organized collection and storage of subsurface use waste with waterproofing of technological sites should be provided.;

     5) in cases of well construction in specially protected natural areas, it is necessary to use only non-drilling technology.;

     5-1) when conducting oil operations, measures should be taken to reduce the amount of sulfur and reduce its harmful effects on the environment.;

     6) during subsurface use operations, sludge disposal and neutralization of spent drilling mud, drilling, quarry and mine wastewater should be carried out for reuse during drilling and return to the environment in accordance with established requirements.;

     7) when using hydrocarbon-based drilling fluids (lime-bitumen, invert-emulsion, and others), measures should be taken to prevent air pollution.;

     8) the burial of pyrophoric deposits, sludge and core in order to exclude the possibility of fire or poisoning of people should be carried out according to the project and in coordination with the authorized body in the field of environmental protection, the state body of sanitary and epidemiological service and local executive bodies.;

     9) the commissioning of subsurface use facilities is subject to the full implementation of all environmental requirements stipulated by the project.;

     10) after the completion of subsurface use operations and the dismantling of equipment, work is carried out on the restoration (reclamation) of the land in accordance with design decisions.;

     11) drilling wells, including self-draining ones, as well as wells that are not suitable for operation or whose use has been discontinued, are subject to equipment by the subsurface user with regulatory devices, conservation or liquidation in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

     12) individuals and legal entities whose activities have or may have a harmful effect on the condition of underground water bodies are required to take measures to prevent pollution and depletion of water bodies.;

     13) in the catchment areas of underground water bodies that are used or can be used for drinking and domestic drinking water supply, it is not allowed to place waste graves, cemeteries, animal burial grounds (biothermal pits) and other facilities that affect the state of groundwater.;

     14) drilling of absorbing wells is allowed in the presence of positive conclusions of authorized state bodies in the field of environmental protection, use and protection of water resources, for the study of subsurface, the state body of sanitary and epidemiological service, issued after special surveys in the drilling area of these wells.;

     15) the discharge of industrial, therapeutic mineral waters after use must be carried out in accordance with the Water Code of the Republic of Kazakhstan.;

     16) conservation and liquidation of wells within the contract territories are carried out in accordance with the legislation of the Republic of Kazakhstan on subsoil and subsoil use;

     17) in the area where wastewater is pumped into absorbing wells, systematic laboratory monitoring of water quality in nearby wells, springs, and wells should be organized by the water user according to a plan agreed with authorized state bodies in the field of environmental protection, use and protection of the water fund and the state body in the field of sanitary and epidemiological welfare. the population.

     When conducting subsurface use operations, subsurface users are required to:

1) comply with the standards of maximum permissible harmful effects on underground water bodies established by the authorized state body in the field of use and protection of the water fund in coordination with authorized state bodies in the field of environmental protection, for the study of subsurface, the state body in the field of sanitary and epidemiological welfare of the population;

     2) ensure the determination of the chemical composition of discharged waters in their own or other laboratories accredited in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Accreditation in the field of conformity assessment";

     3) to transmit to the authorized state bodies in the field of environmental protection, use and protection of the water fund and the bodies of the sanitary and epidemiological service emergency information on emergency discharges of pollutants, as well as violations of the established regime of groundwater intake and the facility of discharge (injection) of water into them.

     Prohibited:

     1) violation of vegetation and soil cover outside the areas allocated for the construction and (or) placement of subsurface use facilities;

     2) dumping of industrial waste into surface water bodies and subsurface;

     3) irrigation of land with wastewater, if it affects or may affect the condition of underground water bodies;

     4) admittance of solutions and materials into formations containing household drinking water;

     5) drilling of absorption wells for the discharge of industrial, therapeutic mineral and thermal wastewater in cases where these wells may be a source of contamination of an aquifer suitable or used for domestic drinking water supply or for medicinal purposes;

     6) installation of absorbing wells and wells in sanitary protection zones of water supply sources;

     7) discharge of waste water containing radioactive substances into absorption wells and wells.

     In order to protect underground water bodies used for domestic and drinking water supply, as well as resources that have natural medicinal properties, sanitary protection zones are established in accordance with the Water Code of the Republic of Kazakhstan.

     The objective side of the offense is expressed in actions (inaction) to violate environmental norms and rules when conducting subsurface use operations. At the same time, it should be borne in mind that for qualification under Article 347 of the Administrative Code, this act should not entail significant damage.  

     The subjective side of the offense is characterized by the fact that it can be expressed both in the form of intent and negligence.  

     The subject of the offense may be individuals. subjects of small business, subjects of medium-sized business, subjects of large business.  

     According to part 2 of Article 347 of the Administrative Code, the composition of the offense: the object, the objective side, the subject, the subjective side do not differ from the first part. The qualifying feature is that the actions provided for in the first part of Article 347 of the Administrative Code are repeated within a year after the imposition of an administrative penalty.  

     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 347 of the Administrative Code.

     According to Part 8 of Article 806 of the Administrative Code, in cases where administrative offenses under Article 347 of the Administrative Code require the establishment of the amount of damage to the environment, a protocol on an administrative offense is drawn up within 24 hours from the moment the amount of damage to the environment is established.

     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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