Palmistry 

What happens if you don't pay for garbage? How to avoid paying for household waste removal. Procedure for handling MSW

Each resident of an apartment building must cover the costs of collection, removal and disposal of municipal solid waste (MSW). A fee for garbage removal is charged to all registered occupants of the apartment. Tariffs are used to establish and maintain waste collection points.

Legislation on waste disposal

New legislation ( Law No. 458) regulates the provision of public services, including the export of solid municipal waste(TKO). Payment for waste removal is included either in the general payment bill or in a separate calculation, which is carried out in accordance with current contractual obligations. The law also answered the question of municipal or housing waste removal services. Now it's a public service.

All payments are calculated according to tariffs and standards approved by local authorities. The total amount is set by the organization that enters into a contract with the owner or tenant for the removal of solid waste; the utility service depends on the amount of square footage of a particular residential premises and the number of registered residents.

MSW is waste that is created in apartment buildings by residents in the process of life. These include products that have lost their everyday meaning for a particular consumer, and goods that have become unusable. It is impossible to calculate the amount of MSW using metering devices, this is what distinguishes this utility service from others.

Each region has its own program for the removal of municipal waste and selects an operator for its disposal in a certain order. The latter is obliged:

  • gather solid waste in housing and communal services in accordance with current standards;
  • transport them to a landfill;
  • process;
  • recycle;
  • render harmless;
  • engage in waste disposal.

The choice of operator remains with the regional administration, which holds competitions to determine. The selected regional operator works for ten years, and apartment owners enter into a public contract with him in accordance with the law and pay for the service based on it. In addition, the management company also enters into a contract with the operator for the transportation of MSW.

Tariffs and calculations

A little about how much such a service costs. The law defines tariffs and payments for the export of waste, which are prescribed in the contract for the provision of waste management services. Operators cannot charge more than what is established in the region by the local administration. The following tariffs are subject to regulation:

  • waste treatment;
  • disinfection;
  • burial;
  • actions with solid household waste (collection and removal of solid waste, recycling).

Since 2016, a new list of housing and communal services has been in effect, and the calculation procedure, and, therefore, payment for their use, has changed. Today, the garbage collection service is a separate column in the list of public utilities for the population.

A few words about how the fee for solid waste removal per person in an apartment building is calculated. This is done based on the standards for each resident of the apartment, which are determined by regional standards. When such a service is provided by a company under a government contract, there is no need to conclude an agreement with it; nothing changes during recalculation. If the government contract was concluded before 2016, then it is automatically extended for the time specified in it, and in this case there is no separate column in the receipt.

All property owners in multi-storey buildings enter into an agreement for the provision of waste export services with a regional operator; this also applies to residents of communal apartments. Also, a similar contract can be concluded with a management company as a representative body. This decision is made on general meeting apartment owners to organize garbage collection and utility services since 2017.

An additional obligation, which is stipulated in the legislation, is that the export of MSW and payment standards for utility services in multi-storey building performed by the regional operator in accordance with the signed contract. It is concluded both with the property owners and with the management company. Based on this, payments for the supplied utility service can be calculated and executed.

Controversial issues

But the latest law also contains controversial circumstances, which include the problem of ownership of waste collection containers and sites. The quality of the service provided, which is sold from the MSW collection site, is also questionable. It must be equipped in accordance with the rules and maintained in proper condition. The management company or the owners of housing in an apartment building are responsible for this.

Gathering places are not the property of either the owners or the regional administration. Therefore, they are required to be designated as part of the common property and accordingly registered in order to be given to the regional operator.

The legislation does not provide for a definition of the quality of waste removal services, but it states that the operator must provide both high-quality and safe service. After the entry into force of such legislation, property owners acquired new public utilities, and the management company now reports differently.

One of the readers contacted us with the following question: “ Please tell me, they brought me an invoice for payment for garbage removal from a residential premises. Not from a person, not from square meter, namely from the living quarters. I live alone, I have a two-room apartment, my neighbors have a 3-room apartment and 5 people live in it. And we pay the same. Surely it shouldn't be this way? Tell me where to go for justice?«.

To begin with, I would like to draw your attention to the fact that, in accordance with the law, garbage removal refers to services for the maintenance and repair of the common property of an apartment building. In addition, in accordance with Article 37 of the Housing Code Russian Federation, the share in the right of common ownership of common property is proportional to the size of the total area of ​​your living space. That is why the pay slip indicates the amount calculated for the total area of ​​the apartment, regardless of how many people live in it.

I would also like to draw attention to the fact that services for the collection and removal of solids household waste, as well as the dumping (pumping) of liquid household waste are not subject to government regulation. According to the Federal Law of December 31, 2004 N 210-FZ “On the basis for regulating tariffs of public utility organizations” (as amended on June 25, 2012 N 93-FZ), these services are competitive, and their cost is set by the organization providing similar look activities based on an agreement with the consumer.

And finally, one more interesting point regarding the fee for garbage removal. In accordance with the Housing Code of the Russian Federation, you will have to pay for garbage removal even if you have not lived in your apartment for some time: “failure to use the premises by owners, tenants or other persons is not grounds for failure to pay for residential premises and utilities. In the temporary absence of citizens, payment for certain types of utility services, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the federal body authorized by the Government of the Russian Federation executive branch" The list of individual utilities includes cold and hot water supply, electricity and gas supply, as well as sewerage.

Returning to your question about who to complain about injustice to, you can contact your place of residence in, main task which is control over ensuring the rights and legitimate interests of citizens and the state in the provision of housing and utility services to the population.

The administration entered into a public agreement for garbage removal in fulfillment of its obligations to organize the improvement of the territory of the settlement, enshrined in clause 19, part 1, art. 14 Federal Law dated 06.10.2003 No. 131-FZ "On general principles organizations of local self-government in the Russian Federation." Also on the basis of paragraph 2 of Article 8 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Waste” to the powers of local government bodies municipal districts in the field of waste management includes participation in organizing collection activities (including separate collection), transportation, processing, disposal, neutralization, disposal of solid municipal waste in the territories of the relevant areas.

If your parents do not use the services of an organization that removes solid household waste and have not entered into an agreement with it, then they are not obligated to pay for the service not provided. There are no relations between your parents and this organization. legal relations. The current civil legislation establishes the freedom of citizens and legal entities to enter into contracts (Article 421 of the Civil Code of the Russian Federation).

The use of your personal data when calculating fees for the removal of household waste contradicts the requirements of Part 1 of Art. 15 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”, according to which the processing of personal data for the purpose of promoting goods, works, services on the market by making direct contacts with potential consumers using communication means is allowed only subject to prior consent of the subject of personal data. The specified processing of personal data is considered to be carried out without the prior consent of the subject of personal data, unless the operator proves that such consent has been obtained.

You can contact Rospotrebnadzor and the prosecutor's office with a statement on the obligation of the organization carrying out waste removal to stop illegal actions of charging for the removal of solid household waste, as well as the use of your personal data.

You also have the right to file a claim in court to declare the contract for the removal of solid household waste invalid, to declare the actions of the organization you specified to charge fees for the removal of solid household waste illegal, and to recognize the actions on the use of personal data as illegal.

However, you must understand that waste collection and disposal is organized for your own benefit. For waste disposal that does not meet legal requirements, your parents may be held administratively liable.

Garbage removal is a utility service of housing and communal services, which since 2017 is paid based on the number of people living in the apartment. This item is written as a separate line in the invoice for payment from the management company. Having analyzed how much waste removal costs per person, we get the following summary:

  • In the Ivanovo region: 72 RUR/month per person;
  • In Krasnodar 97.32 RUR/person;
  • In Irkutsk: 87.5 rub/person;
  • Garbage removal cost: 2.5 rubles per 1 square meter;
  • Tariff for a one-room apartment (40 sq.m.): 100 rubles;
  • For a two-room apartment (60 sq.m.): 150 rub..

For a more detailed consideration of the issue, the tariffs should be analyzed separately:

  • Cost in cities;
  • New tariff rules.

According to the old rules (tariffing according to the area of ​​the apartment), the cost of garbage removal looks like this (established tariffs for the region):

  • In the Ivanovo region: 72 RUR/month per person;
  • In Krasnodar: 32 rub/month;
  • In Irkutsk: 5 rub/month.

These data will allow you to understand how much waste removal costs per person in each individual city, as well as calculate the average bill for your apartment. For example, if you have housing in Irkutsk with 3 citizens registered there, you will need to pay 87.5*3= RUB 262.5.

New tariffs for household waste removal

According to the innovations, each region will be divided into zones, each of which must be served by its own operator. This company will independently draw up routes and schedules for garbage collection. The main points of change will be:

  • Cost calculation per person. Previously, it was based on the area of ​​the apartment. Accordingly, apartment owners, regardless of the number of people living, had to pay a larger amount than owners of studios or one-room apartments;
  • Payment directly. Now each resident of an apartment building can independently send payment to the regional operator without paying for the services of the management company. To do this, you can find out your details and personal account number. However, to do this, you need to make a decision at a general meeting of the residents of the house, whether to do this through the management company or independently;
  • There is no payment for the service if a number of homes or businesses operate under other government contracts. In this case, you will be able to view the list of excluded houses;
  • Complete transition. By 2019, a complete transition to this system should be made. However, already in 2017 and 2018, many regions are trying out the system and are already concluding agreements with local companies;
  • Alternative options. With a fully operational system, there are no such tariffs, since all tariffs will be the same for the region. Accordingly, a citizen registered in a certain locality will have to pay a fee.

This bill makes it possible to do more efficient work for waste removal and payment for it in a transparent and fair manner (when the price is based on the number of people).

State Housing Inspector of the Ivanovo Region Olga Maksimova explained in what cases citizens can receive a recalculation for services for handling solid municipal waste.

Let us remind you that after the introduction from July 1 in the Ivanovo region new system management of MSW, residents began to contact various authorities with questions and complaints, including regarding the charging of fees for the removal and disposal of MSW for apartments and houses where no one lives.

Let us remind you that from July 1, the service for handling MSW is a public service, which means that it is fully subject to the norms of the Government of the Russian Federation No. 354, which approves the rules for the provision of utility services. Since now the fee for handling solid waste is calculated based on the number of people registered in an apartment or household, and in the case of “zero” registration - based on the number of owners of the property, residents began to receive bills, including for properties in which they do not live, but which are their property.

First of all, questions about why people have to pay for garbage twice arose regarding dachas and houses used as dachas. In addition, complaints often come from citizens who own two or more apartments or houses.

“If no one really lives in the apartment or house, then the owner has the right to recalculate the fee for the service for handling solid waste,” notes Olga Maksimova. – The rules for the provision of utility services provide for the possibility of recalculating fees in case of temporary, that is, more than 5 full calendar days in a row, the absence of a consumer in the residential premises.”

Recalculation of the amount of payment for utility services is carried out in proportion to the number of days of the period of temporary absence of the consumer, which is determined based on the number of full calendar days of his absence, not including the day of departure from the residential premises and the day of arrival at the residential premises.

However, Olga Maksimova emphasized, the consumer himself must contact the utility service provider (if we're talking about about an apartment in an apartment building managed by a management company, HOA or housing cooperative, then you need to contact these organizations for recalculation, and if we are talking about a private house or an apartment in an apartment building where direct management is carried out, then you need to contact the re-operator). The consumer must write an application for recalculation indicating the owner, the beginning and end of the period of absence, and also attach to the application documents confirming the absence of service consumers in a specific residential premises and the period of such absence.

What does this look like in practice? What documents and in what cases must be provided? It’s no secret that owners often rent out apartments with “zero” registration, that is, in fact, there are tenants there, which means that MSW is generated. And houses in villages are often used as summer cottages.

If you look at the rules for the provision of utility services, you can find a list of documents that the regional operator or management company must accept for recalculation. As documents confirming the duration of the period of temporary absence of the consumer, the following may be attached to the recalculation application:

A) a copy of the travel certificate or a copy of the decision (order, instruction) on sending on a business trip or a certificate of a business trip with copies of travel tickets attached;

B) a certificate confirming that you are undergoing treatment in an inpatient medical institution or at a sanatorium-resort treatment;

C) travel tickets issued in the name of the consumer (if the consumer’s name is indicated in such documents in accordance with the rules for their execution), or their certified copies. In case of issuing travel documents in electronic form the contractor is presented with a printout of them on paper, as well as a document issued by the carrier confirming the fact of using the travel document (plane boarding pass, other documents);

D) invoices for accommodation in a hotel, hostel or other place of temporary stay or their certified copies;

D) a document of the body carrying out temporary registration of a citizen at the place of his temporary stay in cases established by the legislation of the Russian Federation, or a certified copy thereof;

E) a certificate from the organization providing private security of the residential premises in which the consumer was temporarily absent, confirming the beginning and end of the period during which the residential premises were under continuous security and the use of which was not carried out;

G) a certificate confirming the period of temporary stay of the citizen at the location educational institution, orphanage, boarding school, special educational and other child care facility with 24-hour stay;

3) a certificate from a consular office or diplomatic mission of the Russian Federation in the host country, confirming the temporary stay of a citizen outside the Russian Federation, or a certified copy of an identity document of a citizen of the Russian Federation containing marks on crossing the state border of the Russian Federation when leaving and entering the Russian Federation to the Russian Federation;

I) a certificate from a dacha, gardening, vegetable gardening partnership, confirming the period of temporary stay of a citizen at the location of the dacha, gardening, vegetable gardening partnership;

K) other documents that, in the consumer’s opinion, confirm the fact and duration of the consumer’s temporary absence from the residential premises.

Thus, if you are the owner of an apartment in an apartment building in which no one lives, then you need to contact management company or HOA to draw up a report on the number of residents (or rather, their absence) in your apartment. You can learn how to draw up such an act from the same rules (often such acts are drawn up in order to record the real number of people living in the apartment, if it is not equipped with meters, for example, for hot and cold water).

If one of your household members is registered with you, but actually lives in another place, then you need to provide a document confirming his temporary registration at his real place of residence. If there is no such document, then you will have to pay for everyone registered (on the other hand, if a person does not have temporary registration at his actual place of residence, then the fee for him is not charged there).

If we are talking about a summer house, then there are several options. In cases where the country house is located on the territory of a gardening partnership registered as a legal entity, it is possible to enter into an agreement with the reoperator on behalf of legal entity. The re-operator will install containers or a bunker; removal can be carried out based on the actual accumulation of MSW, and the payment for this service will then be distributed to all members of the partnership or cooperative. This eliminates the problem of charging fees for winter months when there is no garbage on garden plots not formed.

If you use a house in the village as a summer residence, then you need to contact the administration rural settlement, which this one refers to locality, and receive a certificate stating that no one is registered in the house and it is used as a summer house. In this case, the fee will not be charged year-round, but for the period when it is used.

If you own a dilapidated house that you do not use at all (this happens when such an object is inherited, and there is no effort and means to bring it into normal condition the new owner does not), you need to obtain a certificate from the local administration stating that the house is unfit for habitation.

Olga Maksimova emphasized: if an application for recalculation is submitted before the beginning of the period of temporary absence of the consumer, the recalculation of the amount of payment for utility services is carried out for the period of temporary absence of the consumer specified in the application, but no more than 6 months. If after these 6 months the period of temporary absence of the consumer continues and the consumer has submitted an application for recalculation for subsequent billing periods in connection with the extension of the period of temporary absence, then the recalculation of the amount of payment for utilities is carried out by the contractor for the period specified in the application for extension of the period of temporary absence of the consumer, but no more than 6 months following the first recalculation period.

“We also draw your attention to the fact that the supporting documents that you submit for recalculation (except for travel tickets) must be signed by an authorized person of the organization that issued them ( individual entrepreneur), certified by the seal of such an organization (if any), have registration number and the date of issue,” added Olga Maksimova.

The State Housing Inspectorate draws the attention of consumers to the fact that if, when submitting an application for recalculation, you did not submit documents confirming the duration of your absence, or the documents submitted do not confirm temporary absence for all or part of the period specified in the application for recalculation, then you have the right to charge a fee for the period of unconfirmed absence in full. In addition, in the absence of supporting documents, the registrar or management company has the right to charge penalties for late or incomplete payment of fees.

In addition, it should be borne in mind that the regional operator, management company or homeowners association has the right to make copies of the documents presented by the consumer, check their authenticity, completeness and reliability of the information contained in them, including by sending official requests to the authorities and organizations that issued them.
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