Garbage removal utility bills. Garbage disposal: features of public services. New tariffs for the removal of household waste

Truth. Only we are talking not about introducing a new tax to the budget, but about changing the payment scheme for services for the treatment of municipal solid waste (MSW).

What is "Solid Waste Management"?

This is the collection, transportation, neutralization and disposal of garbage.

How do we pay for garbage collection now?

There is no separate column for garbage collection in the utility bill. The cost of work to ensure the export household waste enabled in payment for the maintenance of the dwelling. Content fee approved general meeting apartment owners in the building. The amount of the maintenance fee is equal to the rate multiplied by the area of your apartment. Garbage removal services for the management company or HOA are provided by an organization or individual entrepreneur involved under the contract.

What is changing?

Garbage removal service becomes communal. That is, in your receipt for payment of utility bills will appear separate line about the disposal of household waste.
The fee for garbage collection is calculated not by the area of the apartment, but according to the standard of garbage for 1 person and the tariff for a service for the treatment of municipal solid waste (MSW). The tariff and standards will be approved at the regional level.
In the regions at a special competition will be selected regional operator for municipal solid waste management. The UK, HOA, LCD and owners of residential buildings will be required to conclude an agreement with this operator for the provision of services for the treatment of MSW, collect fees from residents for garbage collection and transfer money to the operator.
By decision of the general meeting of owners, residents can pay a fee for the MSW management service directly to the regional operator.
A number of apartment buildings are temporarily excluded from the area of responsibility of the regional MSW operator and do not conclude an agreement with it. This applies to those houses for which garbage collection services are provided on the basis of a state contract. If such a contract for a period of more than 10 years was concluded for your house before January 1, 2016, the contractor under this contract will provide garbage collection services for the entire duration of the contract. In this case, the cost of garbage collection will continue to be included in the maintenance fee, i.e. there will be no separate line in the receipt.

And if we do not want to conclude an agreement with a regional operator?

Alas, at new scheme there is no alternative. In part 12 of Art. 161 of the Housing Code of the Russian Federation says that management companies, HOAs, housing cooperatives not entitled to refuse to conclude contracts with a regional operator for the management of MSW. The same applies to the owners of residential buildings: according to part 5 of article 30 of the LC RF, you are obliged to ensure the treatment of MSW by concluding an agreement with a regional operator.

When will we start paying for garbage collection in a new way?

By 2019, the scheme will be extended to the whole of Russia, but some regions have already begun to switch to new order in 2017. The specific time frame depends on two events in your area:

Approval of a single tariff for the service for the treatment of MSW (the resolution on the procedure for calculating such a tariff should be adopted by the Government of the Russian Federation).
Holding a tender for the selection of a regional operator for the treatment of MSW and the conclusion of a special agreement between him and the authorized regional body.

Details and answers to all frequently asked questions:

Housing Code of the Russian Federation
Federal Law No. 89-FZ of June 24, 1998 "On Production and Consumption Wastes"
Federal Law No. 458-FZ dated December 29, 2014 “On Amendments to the Federal Law “On Production and Consumption Wastes”, separate legislative acts Russian Federation and recognition as invalid of certain legislative acts (provisions of legislative acts) of the Russian Federation”

One of our readers asked us this question: Please tell me, they brought me an invoice for the payment for the removal of garbage from the living quarters. Not from a person, not from a square meter, but from a dwelling. 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 like that? Tell me where to turn for justice?«.

To begin with, I would like to draw your attention to the fact that, in accordance with the law, garbage collection 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 of the Russian Federation, the share in the common ownership of common property is proportional to the size of the total area of your residential premises. That is why the amount calculated on the total area of the apartment is indicated on the payslip, 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 solid household waste, as well as the cesspool (pumping out) of liquid household waste are not subject to state regulation. According to the Federal Law of December 31, 2004 N 210-FZ "On the basics of regulating the tariffs of organizations of the communal complex" (as amended on June 25, 2012 N 93-FZ), these services are competitive, and their cost is set by the organization providing similar view activities, based on an agreement with the consumer.

And finally, one more interesting point regarding the fee for garbage collection. In accordance with the Housing Code of the Russian Federation, you will have to pay for garbage collection even if you have not lived in your apartment for some time: “non-use by owners, tenants or other persons of the premises is not a basis for non-payment of payment for residential premises and utilities. In case of temporary absence of citizens, payment for certain types of utilities, 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 power". The list of individual utilities includes cold and hot water supply, electricity and gas supply, as well as sanitation.

Returning to your question about who to complain about injustice, then 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 communal services to the population.

Answers to questions on housing and communal servicesPayment for housing and utilities, provision of benefitsHow is the fee for the removal of municipal solid waste calculated - per person or per 1 sq. m total area? How is it charged from an apartment in which no one is registered and does not live?

In accordance with Art. 154 of the Housing Code of the Russian Federation, the structure of payment for residential premises includes payment for the maintenance and repair of residential premises. According to paragraph 11 of the Rules for the maintenance of common property in an apartment building (Decree of the Government of the Russian Federation of August 13, 2006 No. 491), the maintenance of the common property of an apartment building includes the collection and removal of solid household waste, and according to paragraph 28, the owners of the premises are required to bear the burden expenses for the maintenance of common property in proportion to their shares in the right of common ownership of this property. The determination of shares in the right of common ownership of common property in an apartment building is regulated by Art. 37 of the Housing Code of the Russian Federation. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size of the total area of the specified premises. In addition, Art. 39 of the Housing Code of the Russian Federation determines that the share of mandatory expenses for the maintenance of common property in an apartment building is determined by the share in the common ownership of common property, i.e. per 1 sq.m of the total area of the dwelling.

Heat supply

Are the balcony and loggia included in the heated area? What about the bathroom and toilet?
Are apartment heating services paid for in the summer, when there is actually no heating?
If there is a heat energy meter in a residential building, is there a recalculation for heating for the residents of the house? If yes, how?

Gas supply

At whose expense should apartment household gas meters in apartment buildings be verified?
Who should bear the cost of maintaining internal gas pipelines and gas equipment that are part of the common property of the house if there are gas meters?
Is it legal for a natural gas seller to introduce a temperature coefficient? How is it calculated?

Water supply

Tariffs for water supply are high, while the quality of services does not match them. How to get a recalculation?
In our house, by a majority of votes, a decision was made to hold overhaul hot and cold water supply systems. One of the owners made an expensive repair in the apartment, closed the cold and hot water risers in the boxes in the bathroom, finished the boxes ceramic tiles. At the same time, he agrees that the work be carried out, but with the condition that Management Company compensates or restores the destroyed boxes and tiles. How valid is his claim?
The faucet in the kitchen is out of order. Who is responsible for repairing or replacing it? What should be included in a multi-apartment residential building at the expense of the general tariff, and what directly at the expense of the tenant?

Electrification and power supply

Is it possible to oblige the utility company to install an electric energy meter at the border of the balance sheet in an apartment building in order to pay for it with the energy supply organization, and to make settlements with the residents of the house for the electricity used by the utility company itself?
For an individual, it is possible to use a tariff schedule differentiated by zones of the day (two-tariff accounting). What are the time zones of this tariff and what is the effect of this tariff on weekends and holidays?
At what rate do members of a horticultural partnership pay for consumed electricity?

Maintenance and repair of housing

The landlord - an urban settlement - provided an apartment under a social tenancy agreement. Who is responsible for the purchase and installation of an individual electricity meter (meter) in an apartment - the municipality or the tenant as a consumer of electricity?
Do you want it not to blow from the cracks in your apartment, not to drip from the ceiling, and not to be afraid to enter the elevator? To make your house an elegant handsome man, in which it is both prestigious and comfortable to live?

Yes, such things. The reform is called garbage and will end soon. The garbage tax will start working in full on January 1, 2019. But from July 2018, residents of many regions will start paying for garbage separately and more than today. Someone is already paying now.

The Stavropol Territory has been paying since February 2018 and is in the stage of a popular revolt. Yes, and to my office in the capital's Criminal Code, as if future garbage oligarchs go home and look forward to the start of the seizure of money from residents. Everyone shares trash cans, cars and other valuables.

Firstly, in order to collect money well, you need an interested owner. The process was given to their own. New garbage oligarchs of cities, regions and towns. They are called regional operators. It's like a management company in housing and communal services, only in the trash. They collect money, set tariffs for garbage, take it out, etc.

Secondly, this column of utilities will be calculated differently. Now Russians pay a certain amount per square meter of their housing. And junk money is hidden in the payment card of the Criminal Code. From 2019, the main calculation criterion will be the number of people living in an apartment. A garbage tariff will be charged for each and summed up.

Thirdly, there will be additional fees. The regional operator's work system will include not only the removal and disposal of household waste, as it is now. The tariff will include expenses for disposal, disposal, transportation and sale of waste. It will also include the costs of concluding and maintaining contracts with container owners and wastebaskets at home. You understand that their owners will immediately be found. In addition, a separate environmental fee will be introduced - a fee for the impact on environment. And, of course, VAT. He will increase the amount of payment from the apartment by another 18%.

Tariffs will be rigid and fixed. But if there are meters for water and electricity, then they have not yet been invented for garbage. And everyone will pay according to the standards, regardless of the actual production of garbage. Neighbor Vanya litters in the odnushka. But the neighbor Klava - no, and generally sits in the country. And pay the same.

Those who do not want to pay will not be able to jump off. As in the case of overhaul, garbage kings will be protected by law and bailiffs. They will be able to issue bills and interest on debts, knocking money out of people in all known ways.

For example: in St. Petersburg, the tariff for garbage collection is now 2.70 rubles. from sq.m. New price will be 70-80 rubles per person. Let's take a family of three living in an apartment of 50 sq.m. Now the cost of garbage collection is 135 rubles per month. And according to the new one - 210 rubles plus additional fees and 18% VAT for another 50 rubles. Total pay Petersburgers somewhere in 2 times more for garbage than now.

At the end of 2015, federal law No. 404-fz of October 29, 2015 was adopted, which provided that the handling of municipal solid waste (garbage disposal) should become the same public service as, for example, hot water or sewer.

Federal Law No. 175-FZ of June 2, 2016, which was released later, finally fixed that the management of municipal solid waste is becoming a public service.

Decree of the Government of the Russian Federation of December 26, 2016 N 1498 was introduced new section XV.1. "Giving public service on the treatment of municipal solid waste" in Rules for the provision of public services owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354 (hereinafter - Rules No. 354).

Thus, it was determined how and to whom we will pay after a regional scheme for the management of municipal solid waste (hereinafter referred to as MSW) is approved in our region, and a regional operator for the treatment of municipal solid waste is determined in our city.

Whom to pay?

As in the case of other communal services for apartment buildings, the managing organization remains the executor of the communal service for the treatment of MSW (clause 148.7 of Regulation No. 354).

In this case, the payment for the utility service is paid to the UK or HOA, however, Rules No. 354 provide that the general meeting of owners may decide to pay directly to the regional operator (clause 148.40).

Also, you will have to pay to the cash desk of the regional operator in cases where (clause 148.11):

- the method of control is chosen in the house - direct control;

— if the management method is not selected or the selected managing organization has not concluded an agreement with the regional operator;

— if for some reason the contract between the managing organization and the regional operator is terminated;

- owners of non-residential premises;

- if it is not an apartment building, but a private household and its owner has made such a decision.

How is the rate calculated?

The tariff for the service of a regional operator is determined in the manner prescribed by the Federal Law "On Production and Consumption Wastes" (clause 148.28 of Rules No. 354).

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For large regional operators (more than 30% of the total volume of MSW in a constituent entity of the Federation is generated in the operator’s coverage area), the tariff is determined based on the results of the auction, in the manner prescribed by Decree of the Government of the Russian Federation of November 3, 2016 N 1133. Such auctions are conducted by the regional operators themselves.

For small regional operators (less than 30% of the total volume of MSW in a constituent entity of the Federation is generated in the operator's coverage area), the tariff is no longer determined by the results of a tender, but by an authorized body of the constituent entity of the Federation.

And how much will you end up paying?

Organs state power your region has the right to decide whether the fee for garbage collection will be charged based on the area of \u200b\u200byour residential premises (apartment) or whether the fee will be charged based on the number of people living in this apartment (clause 148.30 of Regulation No. 354, clause 4.1 of the Government Decree RF dated August 27, 2012 No. 857).

That is, in the first case, the amount of the fee will be equal to the product of the standard, the tariff and number of residents divided by 12.

In the second case, the fee will be equal to the product of the standard, tariff and area of the apartment divided by 12.

Also, if garbage collection is carried out separately in your house, or if there is an agreement with a regional operator, the fee can be calculated based on the total volume of garbage containers taken out, divided between apartments in proportion to their area (paragraph 3, clause 148.30 of Regulation No. 354).

That is, by entering in the house separate collection garbage, you can get the opportunity to save.

We add that if the service provider fails to determine the number of people actually living in the apartment, or no one lives in the apartment, then in this case the amount of the fee can be calculated based on the number of owners of such an apartment (clause 148.36 of Regulation No. 354).

How to reduce the fee?

If you have been absent from the accommodation for more than 5 full calendar days in a row, you have the right to apply for a recalculation of the amount of the fee for the utility service for the treatment of MSW (clause 148.44 of Regulation No. 354).

In addition, you can make a recalculation if the garbage is not taken out on time.

According to Section VII of Appendix 1 to Regulation No. 354, garbage must be taken out at least once a day when average temperature air above 5 o C, and at least once every three days at an average air temperature below 5 o C. Permissible deviation periods are 24 hours for the warm season, and 48 hours for the cold season, but not more than 72 hours (in total) within 1 month.

In case of violation of these terms, you have the right to draw up an Act, in the manner prescribed by all the same rules No. 354, the same Act as in the absence of any other utility service. And then, on the basis of this Act, you already require a recalculation.

For every 24 hours of non-collection of garbage in excess of the allowable deviations, the fee for the municipal service for the treatment of MSW should be reduced by 3.3%.

How are standards determined?

The standards for the accumulation of solid municipal waste are determined in accordance with the Rules for determining the standards for the accumulation of solid municipal waste, approved by Decree of the Government of the Russian Federation dated April 4, 2016 No. 269 "On determining the standards for the accumulation of solid municipal waste."

In fact, in order to determine the standards, public authorities will be required to take measurements of the actual volumes of garbage generated on the territory, and based on them make a calculation.

Prior to the approval of the standards for the accumulation of municipal solid waste, but no later than September 1, 2017, the calculation of the fee for the municipal service for the treatment of MSW is carried out based on the total volume of garbage containers removed, divided between apartments in proportion to their area (clause 3 of the Decree of the Government of the Russian Federation dated February 27, 2017 No. 232).

What is the regional operator responsible for, and what is the UK or HOA responsible for?

The regional MSW management operator is responsible for waste management from the moment they are received by loading such waste into a garbage truck in places where municipal solid waste accumulates (clause 148.12 of Regulation No. 354).

The managing organization, whether it is a management company or an HOA, is responsible for the maintenance of waste accumulation sites, as well as for the maintenance of garbage chutes (Decree of the Government of the Russian Federation dated 03.04.2013 No. 290, clause 26.1 of the Rules approved by Decree of the Government of the Russian Federation dated 14.02.2012 No. 124).

Also, the managing organization is responsible for the correct calculation of the amount of the fee, accounting for complaints and conducting contractual work (clause 148.22 of Regulation No. 354).

What is the consumer responsible for?

The consumer must report to the utility service provider information on the number of actual residents of the residential premises. He must also inform the contractor about malfunctions, accidents and fires in garbage bins and garbage chambers, as well as pay the fee in full and in a timely manner (clause 148.25 of Rules No. 354).

The consumer of the utility service for the treatment of MSW is not entitled to store solid municipal waste outside containers, bunkers, other containers and special areas for bulky waste, fill containers for municipal solid waste intended for the accumulation of waste of other persons and not specified in the agreement for the provision of services for the treatment of MSW, or containers not intended for such types of waste. (clause 148.26 of Regulation No. 354).

What is Municipal Solid Waste?

Municipal solid waste - waste generated in residential premises in the process of consumption individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals. (para. 21 article 1 federal law dated 24.06.1998 N 89-FZ "On production and consumption waste" as amended by the Federal Law of 29.12.2014 N 458-FZ)

The Ministry of Construction and Housing and Public Utilities of the Russian Federation adopted a law on the rules for the provision of services for the cleaning of municipal waste, and also introduced mandatory registration of payment agreements.

From January 1, 2017, a receipt for payment of utilities in apartment buildings was introduced obligatory column for garbage removal. The owners of private houses receive separate receipts, they also need to conclude an agreement with a company that will be engaged in the removal of household waste from the villages, and it does not matter which houses are cottages in the city or ordinary log cabins in the village.

The calculation is carried out according to the tariff established by the local administration in accordance with generally accepted standards - until 2015, the amount was based on total square meters, and the garbage had the term "solid household waste".

Since 2017, household waste has a new definition - MSW "municipal solid waste", and the amount is calculated for each person living in the house, square meters no longer relevant. People laugh - how much garbage do you need to accumulate to justify the monthly costs?

Since 2016, they are also considering the introduction of new MSW programs and the possibility of connecting a person to each region who will personally deal with waste disposal. The maximum service life of a scavenger is 10 years. The operator for disposal and order will be selected by the regional authorities through a competition, and the residents of the houses will be required by law to conclude an agreement with him and make timely payment for the work. Thus, regional control will be respected. But will it?

Excess monthly sum of money for garbage collection is unacceptable, but the amounts for burial, neutralization or waste treatment may vary.

Apartment buildings that entered into a state contract before January 1, 2016 will not conclude it with the operator until the agreement expires. The service fee will continue to be included in the general receipt, while apartment owners who have concluded an agreement with the employee will transfer money to another account.

Residents of apartment buildings do not have the right to refuse the operator (Article 161 Part 12), the same applies to owners of private houses (Article 30 Part 5). By 2019, all regions of Russia will be connected to the new system.

On the other hand, no one can force you to enter into an agreement if you do not want to. Also, no one can demand money through the court without an officially confirmed document. At the same time, you are not obliged to explain where you put the garbage, but you must follow the safety rules and have your own container.

Residents who independently deliver garbage bags to city containers (applies to private houses where the containers are very far away and you need to travel by car) may also not conclude the service. An agreement is required if there is an organization responsible for garbage collection in the village, and you throw the garbage into the bins installed by the organization.