Added to site:
1. General Provisions
1.1. Security Department environment, being an independent structural subdivision of the enterprise, is created and liquidated by order of [name of the position of the head of the enterprise].
1.2. The department is headed by a chief appointed to the position by order of [name of the position of the head of the enterprise].
1.3. The department reports directly to [name of the position of the head of the enterprise].
1.4. The Head of the Department of Environmental Protection has [insert as appropriate] Deputy(s).
1.5. The duties of the deputy(s) are determined by the head of the environmental department.
1.6. The deputy(s) and heads of structural units (bureaus, sectors, etc.) as part of the environmental protection department, other employees of the department are appointed to positions and dismissed from positions by order of [name of the position of the head of the enterprise] on the proposal of the head of the environmental protection department.
1.7. In its activities, the department is guided by:
the Charter of the enterprise;
By this provision;
- [fill in as needed].
1.8. [Enter as required].
2. Structure
2.1. The structure and staffing of the department is approved by [name of the position of the head of the enterprise], based on the specific conditions and characteristics of the enterprise's activities, on the proposal of the head of the environmental protection department and in agreement with the [HR department, department of organization and remuneration].
2.2. The department of environmental protection may include structural subdivisions (bureaus, groups, sectors, etc.).
For example: bureau (sector, group) planning; bureau (sector, group) of ecological expertise; bureau (sector, group) of environmental control; bureau (sector, group) of environmental monitoring; checkpoints and laboratories.
2.3. Regulations on subdivisions of the department of environmental protection (bureaus, sectors, groups, etc.) are approved by the head of the department, and the distribution of duties between employees of the subdivisions is carried out by [heads of subdivisions, deputy head(s) of the department].
2.4. [Enter as required].
3. Tasks
The Department of Environmental Protection provides the following tasks:
3.1. Compliance with environmental standards and regulations at the enterprise.
3.2. Compliance with environmental quality standards based on compliance with approved technologies, the introduction of environmentally friendly technologies and industries.
3.3. Primary accounting natural resources and accounting for harmful substances emitted by the enterprise.
3.4. Prevention of the harmful effects of production on the environment.
3.5. [Enter as required].
4. Functions
The Department of Environmental Protection has the following functions:
4.1. Development and implementation of measures aimed at fulfilling the requirements of the legislation on compliance with standards and regulations in the field of:
environmental protection;
Rational use of natural resources;
Expansion and reconstruction of existing production facilities;
- [fill in as needed].
4.2. Drawing up long-term and current plans for environmental protection at all stages of the economic process:
Pre-operational (location of facilities, preparation of projects, construction, acceptance and operation of facilities);
Operational (certification, setting emission standards, obtaining emission permits, carrying out control measures);
Post-operational (product output, waste disposal).
4.3. Ensuring the environmental review of feasibility studies, projects, as well as new technologies and equipment being created, the introduction of environmental labeling systems for the company's products.
4.4. Participation in the development of measures to ensure the environmental friendliness of products, their safety for consumers, in the creation of new products and technological processes with improved environmental characteristics.
4.5. Obtaining state permits for the emission and discharge of harmful substances, waste disposal.
4.6. Development of environmental standards and regulations of the enterprise in accordance with current state, international (regional) and industry standards, control over their implementation and timely revision.
4.7. Control over compliance with the current environmental legislation, instructions, standards and regulations for environmental protection in the company's divisions.
4.8. Control over the operation of treatment and protective facilities.
4.9. Participation:
In developing plans for capital construction;
In the development of plans for the introduction of new technology;
In carrying out research and experimental work to create a closed-loop economy at the enterprise based on:
Environmentally sound circulation of materials;
Conservation and replacement of non-renewable resources;
minimization;
reuse;
Recycling and disposal of waste;
Implementation of low-waste, waste-free and environmentally friendly production technology;
In carrying out research and experimental work on the cleaning of industrial Wastewater, prevention of environmental pollution, emissions of harmful substances into the atmosphere, rational use of land and water resources.
4.10. Preparation of documents and materials necessary for registration of tax, credit and other benefits provided by law Russian Federation when introducing low-waste and resource-saving technologies and non-traditional types of energy, implementing other effective measures to protect the environment at the enterprise.
4.11. Carrying out reasonable calculations of risks for the state of the environment in the implementation of clean-up programs and other environmental measures.
4.12. Accounting for indicators characterizing the state of the environment.
4.13. Organization of investigation into the causes and consequences of emissions of harmful substances into the environment and preparation of proposals for their prevention.
4.14. Creation of a system for storing information about accidents, environmental monitoring data, preparation of documentation for the disposal of waste and other information of an environmental nature.
4.15. Preparation of technological regulations, analytical control schedules, passports, instructions and other technical documentation.
4.16. Work to create an effective system of environmental information at the enterprise, distributed at all levels of management, as well as taking measures to familiarize the employees of the enterprise with the requirements of environmental legislation.
4.17. Preparation of reports on the implementation of environmental protection measures at the enterprise.
4.18. Participation in the work of commissions to verify the activities of the enterprise.
4.19. [Enter as required].
5. Rights
5.1. The department for environmental protection has the right to:
Require the technical and production departments of the enterprise to submit materials, reports and information necessary for the work of the department;
Give the technical and production divisions of the enterprise binding instructions for compliance with environmental legislation and check their implementation at any time;
Demand the cessation of work carried out in violation of environmental rules, norms and standards, up to the shutdown of the enterprise;
Independently conduct correspondence on environmental issues, as well as on other issues that are within the competence of the department and do not require agreement with the head of the enterprise;
Represent in the prescribed manner on behalf of the enterprise on issues within the competence of the department in relations with state and municipal authorities, as well as other enterprises, organizations, institutions;
In agreement with the head of the enterprise or the chief engineer, involve experts and specialists in the field of ecology for consultations, preparation of conclusions, recommendations and proposals;
Make proposals to the management of the enterprise on bringing to material responsibility and disciplinary liability of officials of the enterprise based on the results of inspections;
- [fill in as needed].
5.2. The head of the environmental protection department signs documents related to environmental expertise, certification and environmental control.
5.3. The head of the department of environmental protection has the right to make proposals to the personnel department and the management of the enterprise on the movement of employees of the department, their encouragement for successful work, as well as proposals to impose disciplinary sanctions on employees who violate labor discipline.
5.4. [Enter as required].
6. Relationships (service relations) **
To perform the functions and exercise the rights provided for by this regulation, the environmental protection department interacts:
6.1. With all production and technical departments for obtaining:
Technical project documentation for examination and issuance of conclusions on compliance with environmental standards and norms;
instructions, standards, specifications for products, as well as draft changes and additions to them;
Projects for the production of new samples and the samples themselves;
Applications for conclusions on the technology of operation of automation and mechanization of production for compliance with the standards environmental safety;
Plans for the introduction of automation and mechanization of production;
Applications for conclusions on the technology of maintenance and repair of power equipment for compliance with environmental rules and regulations;
Documents and materials required for the state examination of equipment and technology, raw materials and materials, construction projects and projects for the placement of enterprise facilities;
Characteristics of the conditions for the use, storage, transportation and disposal of materials, raw materials, production waste;
Information about the methods of utilization, processing and destruction after the expiration of the period of use (operation) or storage of material and technical resources;
Data about the location of objects, location land plots allocated for permanent and temporary use for the construction of facilities;
Information on the planned use of the territory (in accordance with development schemes and programs), including the use of natural resources in the implementation of the planned activities;
- [fill in as needed].
Provisions:
Conclusions on technical projects for compliance with environmental standards and norms;
Operational instructions for the coordination of production;
New developments and technologies for the rational use of natural, material and fuel and energy resources;
Approved requirements for the production of environmentally friendly products;
The list of impacts on the environment (composition, properties) and the nomenclature of indicators of harmful effects, methods for their control;
Information on sources of impact - violations of planning and other construction works, discharges, emissions, production waste (indicating the toxicity of pollutants brought into the environment), physical and other impacts on the environment;
Restrictions on nature management agreed in state and municipal bodies;
The list of environmental measures formed on the basis of optimal (optimized) values of maximum allowable emissions and discharges;
List of necessary measures to ensure environmental safety;
Preliminary assessment of the impact of the proposed activity on the environment;
Preliminary assessment of the environmental risk of the placement of facilities;
- [fill in as needed].
6.2. With the financial department and the planning and economic department for obtaining:
Necessary materials for calculating payments for the use of natural resources, emissions and discharges of pollutants into the environment, waste disposal and other types of harmful effects;
Calculations of fees for the environmental impact assessment;
Data on the transfer of payments for the state examination;
Materials and documents required for the preparation of feasibility studies for the construction, reconstruction, expansion, technical re-equipment of facilities economic activity;
Calculation of expenses for registration of the "Environmental Passport", environmental certification and other functions of the department;
- [fill in as needed].
Provisions:
Documents confirming payment for state expertise, environmental payments for the use of natural resources, emissions and discharges of pollutants into the environment, and other environmental measures;
Department activity reports;
Data on the conclusions and conclusions of the state environmental review for transfer to banking organizations to open financing for the implementation of the object of the state environmental review (construction, reconstruction, production, etc.);
- [fill in as needed].
6.3. From [name of the structural unit] on the following issues:
Receiving:
- [fill in];
- [fill in as needed].
Provisions:
- [fill in];
- [fill in as needed].
7. Responsibility
7.1. Responsibility for the proper and timely performance by the department of the functions provided for by this regulation shall be borne by the head of the environmental protection department.
7.2. The head of the environmental protection department is personally responsible for:
Organization of the activities of the department to fulfill the tasks and functions assigned to the department;
Organization in the department of operational and high-quality preparation and execution of documents, record keeping in accordance with applicable rules and instructions;
Observance by employees of the department of labor and production discipline;
Selection, placement and activities of department employees;
Compliance with the legislation of draft orders, instructions, regulations, resolutions and other documents endorsed (signed) by him;
- [fill in as needed].
7.3. The responsibility of the employees of the department is established by job descriptions.
7.4. [Enter as required].
Head of structural unit
[initials, last name]
[signature]
[day month Year]
Agreed:
[official with whom the regulation is agreed]
[initials, last name]
[signature]
[day month Year]
Head of the legal department
[initials, last name]
[signature]
[day month Year]
The Law of the Russian Federation "On Environmental Protection" (2002) divides environmental management bodies into two: general and special competence. The state bodies of the first category include the President, the Federal Government, representative and executive authorities of the constituent entities of the Russian Federation, municipal bodies (Fig. 8.1). State bodies of the second category are specially authorized by the Government of the Russian Federation to perform certain functions of environmental management. Their functions are registered either in the regulations on these bodies, or in separate adopted acts. Bodies of special competence are subdivided:
o complex, performing all tasks or any block of tasks in the field of environmental protection management;
o sectoral, management actions that are limited to individual natural objects;
o functional - providing management in the performance of one or more related environmental tasks.
Among the complex bodies, the largest number of management functions in the field of ecology is assigned to the Ministry of Natural Resources of the Russian Federation. It performs the functions of developing state policy and legal regulation in the field of study, use, reproduction, and protection of natural resources. For activities in the field of environmental protection in the federal districts and subjects of the Federation, territorial bodies of the Ministry of Natural Resources are organized.
The second ministry involved in environmental protection, as a complex body, is the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences. natural Disasters(Russian Emergency Situations Ministry). Its management functions in the field of ecology are related to forecasting and elimination environmental disasters natural and technical origin.
An important role in the system of control and management of the state of the environment belongs to the Ministry of Health and social development The Russian Federation and its subdivision - the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, which is entrusted with the performance of environmental and sanitary functions:
Coordination of activities of ministries, departments, enterprises and organizations in the field of sanitary protection of nature;
Development and approval of sanitary standards for harmful substances in the environment and sanitary norms and rules (SNIP), mandatory for all business entities and citizens.
This service has its subdivisions throughout the country, which directly monitor the state of atmospheric air, surface water sources, soil, using for this purpose information on the concentrations of harmful substances that pose a threat to public health. Based on these data, an analysis and forecast of the quality of the human environment is carried out.
Directly adjacent to these ministries are the federal services of Russia for hydrometeorology and environmental monitoring (Roshydromet), which are responsible for organizing and conducting observations, assessing and forecasting the state of the environment and its changes, including those associated with the processes of economic activity.
The General Prosecutor's Office of the Russian Federation, which, through its local institutions, supervises the uniform and mandatory implementation of environmental laws by representative and executive power, public administration and environmental control, legal entities, public associations and all officials. The prosecutor's office also checks the legality and completeness of the measures taken to eliminate the identified violations and the adoption of prosecutorial response measures in the form of filing protests and bringing to administrative and criminal liability. An important activity of the prosecutor's office is the protection of the rights of citizens to a favorable environment, reliable information about the state of the environment and compensation for damage caused to the health of citizens by environmental offenses.
To the second block of specially authorized bodies, i.e. sectoral ministries include ministries (see Figure 8.1), whose actions in the field of environmental management are focused on individual natural objects. Among them is the Ministry of Energy of the Russian Federation, which, with the help of its environmental departments and services of the fuel and energy complex (FEC), organizes the creation of unified regulatory and technical acts for the fuel and energy complex, monitors the implementation of environmental legislation and regulatory documentation, conducts departmental environmental assessment and justification for the development of the fuel and energy complex and its especially large facilities, certification and licensing of new technologies, etc.
Big tasks in the field environmental management and environmental protection are decided by the Ministry of Agriculture of the Russian Federation. It is designed to provide a set of measures to protect soils, water bodies, forest and other vegetation from the effects of natural forces, side effects of the use of complex agricultural machinery, chemical substances - mineral fertilizers, pesticides, etc., reclamation works, as well as to protect the environment from waste from livestock farms and enterprises for the processing of agricultural products. It also organizes the control of residual concentrations of pesticides, nitrates, heavy metals in plant products.
The Federal Atomic Energy Agency ensures nuclear, radiation and fire safety in the nuclear complex and the implementation of environmental protection measures related to its activities. It is the developer of the radioactive waste management system, the organizer of work on their implementation, and also performs the functions of the state body for nuclear and radiation safety in the transportation of nuclear materials, radioactive substances and products from them.
The main tasks of environmental management of the Federal Agency for Fisheries are reduced to the regulation of the use of living resources in inland waters, territorial waters and on the coast of the Russian Federation, as well as in the open waters of the oceans. Equally important are the works on monitoring, protection and reproduction of stocks of fish, aquatic animals and plants, work on maintaining the state cadastre and accounting for fish, other aquatic animals and plants.
The executive authorities exercising state administration in the field of environmental protection for functional purposes include the Federal Service for Ecological, Technological and Nuclear Supervision, the main tasks of which are: the development and approval of rules and regulations in the field of nuclear and radiation safety and supervision over their implementation. This state body also oversees the guarantee of physical protection of nuclear technologies, materials and their non-proliferation, monitors, together with the Ministry of Foreign Affairs of the Russian Federation, the implementation of international agreements in this area, conducts an examination of the safety of facilities, industries, technologies, products, informs government bodies and the public about changes in the state of nuclear and radiation safety at supervised facilities.
The same group of bodies includes the Federal Services for Hydrometeorology and Environmental Monitoring, for Supervision in the Sphere of Natural Resource Management. These services are entrusted with ensuring and monitoring safety in the design and operation of the most environmentally hazardous industries and activities in the mining, metallurgical and chemical industries, in the operation of main gas pipelines. , oil and product pipelines, as well as during the transportation of dangerous goods by rail. They implement these and other tasks through the system of their regional bodies. They cooperate with:
· The Federal Customs Service, which combats the illegal import of goods that are environmentally hazardous to people and nature, and the smuggling of natural heritage, animals and plants listed in the Red Book;
The Ministry of Internal Affairs of the Russian Federation, which ensures the protection of the air basin from harmful effects Vehicle, protection of natural objects, promotes the work of state bodies for environmental protection and compliance with sanitary rules.
The Ministry of Justice of the Russian Federation, which registers normative documents of other ministries and departments of the Russian Federation - regulations, recommendations, instructions guidelines etc. related to the environmental policy of the country and ways of its implementation, after their respective analysis from the point of view of compliance with the environmental legislation of the Russian Federation.
A special role in the creation of environmental regulations is played by the Federal Agency for Technical Regulation and Metrology, which establishes norms, regulations, rules and requirements aimed at protecting the environment; ensures the unity and reliability of measurements of parameters of emissions, discharges of pollutants and other harmful effects on the environment, and also exercises state supervision over compliance with the mandatory requirements of the State Standard, over the correct accounting of environmental requirements for technological processes, products, goods and services.
Other ministries and departments of the Russian Federation also pay considerable attention to environmental protection issues, introducing environmental and legal requirements into the content of legal acts regulating the economic activity of economic entities. Similar processes of greening legal acts are constantly developing in the Ministries of Industry and Trade of the Russian Federation, economic development RF, transport RF; as well as in institutions in charge of the defense industries - Federal Services for military-technical cooperation and defense orders and in the Federal Space Agency.
The management system in the field of environmental protection provides for an increase in public environmental associations and non-governmental organizations of the same profile, in particular, within the framework of the Laws "On Environmental Protection", "On Environmental Expertise" and others, the rights to participate in environmental protection activities are presented, in environmental expertise. They have the right to recommend their representatives to participate in the environmental review on the placement and design of industrial facilities, conduct a public environmental review, develop, approve and promote their environmental programs in the media, etc. Naturally, this activity should be carried out within the framework of the federal law "On Ecological Expertise".
All links of the state management system in the field of ecology create the necessary conditions and opportunities for the implementation of activities to improve and improve the environment in the interests of present and future generations.
This regulation on industrial environmental control was developed in pursuance of the requirements of the Federal Law of the Russian Federation dated January 10, 2002 No. 7-FZ "On Environmental Protection".
The implementation of industrial environmental control is a prerequisite for nature management.
The Regulation takes into account the requirements of legislative, legal documents on environmental control, environmental standards and other environmental regulations, as well as the specifics of production.
1. General Provisions.
1.1. Production environmental control, in accordance with Article 67 of the Federal Law of the Russian Federation of January 10, 2002 No. 7-FZ "On Environmental Protection", is carried out in order to ensure the implementation in the process of economic and other activities of measures to protect the environment, rational use of natural resources, and also in order to comply with the requirements of legislation in the field of environmental protection.
1.2. This Regulation determines the procedure for organizing and implementing industrial environmental control at ______________________.
1.3. Industrial environmental control is carried out in accordance with environmental normative documents, which are:
– federal regulatory legal acts and standards in the field of environmental protection and environmental safety;
- federal regulatory and methodological documents approved or agreed upon by specially authorized state bodies in the field of environmental protection, defining the criteria and values of maximum permissible standards or limits on the impact on components of the environment, limits on waste disposal, the procedure and methods for monitoring compliance with environmental standards and standards, responsibility for their violations;
– sectoral regulatory and methodological documents in the field of environmental protection and natural resources;
- regional regulatory and methodological documents approved or agreed with the territorial environmental authorities.
1.4. The main concepts used in this Regulation:
Environment- a set of components of the natural environment, natural and natural-anthropogenic objects, as well as anthropogenic objects;
anthropogenic object- an object created by man to meet his social needs and not possessing the properties of natural objects;
environmental protection(environmental activities) - the activities of state authorities of the Russian Federation, bodies state power subjects of the Russian Federation, local authorities, public and other non-profit associations, legal entities and individuals, aimed at preserving and restoring the natural environment, rational use and reproduction of natural resources, preventing the negative impact of economic and other activities on the environment and eliminating its consequences;
favorable environment- the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects;
negative impact on the environment- the impact of economic and other activities, the consequences of which lead to negative changes in the quality of the environment;
Natural resources- components of the natural environment, natural objects and natural-anthropogenic objects that are used or can be used in the implementation of economic or other activities as energy sources, production products and consumer goods and have consumer value;
use of natural resources- exploitation of natural resources, their involvement in economic turnover. Including all types of impact on them in the course of economic and other activities;
environmental regulations(environmental standards) - established standards for the quality of the environment and standards for permissible impact on it, subject to which the sustainable functioning of natural ecological systems is ensured and biological diversity is preserved;
environmental impact assessment- type of activity to identify, analyze and take into account direct, indirect and other consequences of the impact on the environment of the planned economic or other activity in order to make a decision on the possibility or impossibility of its implementation;
environmental monitoring(environmental monitoring) - an integrated system for observing the state of the environment, assessing and forecasting changes in the state of the environment under the influence of natural and anthropogenic factors;
environmental requirements(environmental requirements) - mandatory conditions, restrictions or their combination, imposed on economic and other activities, established by laws, other legal acts, environmental regulations, state standards and other regulatory documents in the field of environmental protection;
harm to the environment- negative change in the environment as a result of its pollution, which entailed the degradation of natural ecological systems and the depletion of natural resources.
1.5. The Regulations are supplemented and amended as legislation, regulatory and methodological documentation in the field of environmental protection and environmental control changes.
THE GOVERNMENT OF MOSCOW
RESOLUTION
ON APPROVAL OF THE REGULATION ON THE DEPARTMENT OF NATURE MANAGEMENT
AND ENVIRONMENTAL PROTECTION OF THE CITY OF MOSCOW
In order to improve the activities of the Department of Nature Management and Environmental Protection of the city of Moscow, the Moscow Government decides:
1. Approve the Regulations on the Department of Nature Management and Environmental Protection of the city of Moscow (appendix).
2. Recognize as invalid:
2.1. Decree of the Government of Moscow of November 19, 2002 N 939-PP "On approval of the Regulations on the Department of Nature Management and Environmental Protection of the Government of Moscow".
2.2. Decree of the Government of Moscow of June 24, 2003 N 474-PP "On amendments and additions to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.3. Decree of the Government of Moscow of December 9, 2003 N 1031-PP "On Amendments to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.4. Decree of the Government of Moscow of June 27, 2006 N 428-PP "On introducing amendments and additions to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.5. Decree of the Government of Moscow dated September 19, 2006 N 720-PP "On the authorized body of the Government of Moscow in the field of environmental expertise of objects at the regional level".
2.6. Decree of the Government of Moscow of May 15, 2007 N 372-PP "On introducing amendments and additions to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.7. Decree of the Government of Moscow of June 19, 2007 N 506-PP "On amendments and additions to the resolutions of the Government of Moscow of May 23, 2006 N 333-PP, of November 19, 2002 N 939-PP, of December 3, 2002 . N 981-PP".
2.8. Decree of the Government of Moscow of June 3, 2008 N 483-PP "On Amendments to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.9. Decree of the Government of Moscow of September 14, 2010 N 798-PP "On Amendments to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.10. Decree of the Government of Moscow of June 28, 2011 N 284-PP "On Amendments to the Decree of the Government of Moscow of November 19, 2002 N 939-PP".
2.11. Clause 1 of Annex 5 to Decree of the Government of Moscow dated November 13, 2012 N 636-PP "On the placement and installation in the territory of the city of Moscow of objects that are not objects of capital construction, and on the provision of land plots for purposes not related to construction."
3. Amend the Decree of the Government of Moscow dated August 21, 2007 N 713-PP "On the implementation of the powers of the city of Moscow in the field of water relations in accordance with the Water Code of the Russian Federation":
3.1. In paragraph 2.2.6 of the resolution, the words "Preparing for approval by the Government of Moscow" shall be replaced by the word "Approves".
3.2. Paragraphs 8, 9 of the resolution shall be recognized as invalid.
3.3. Paragraph 12 of the resolution shall be stated in the following wording:
"12. Control over the implementation of this resolution shall be entrusted to the Deputy Mayor of Moscow in the Government of Moscow for Housing and Communal Services and Improvement P.P. Biryukov and the head of the Department of Nature Management and Environmental Protection of the City of Moscow A.O. Kulbachevsky."
4. Amend the Decree of the Government of Moscow of April 14, 2009 N 295-PP "On measures to implement the Decree of the Government of the Russian Federation of November 10, 2008 N 843":
4.1. Paragraph 1 of the resolution shall be stated in the following wording:
"1. Establish that officials of the Department of Nature Management and Environmental Protection of the city of Moscow, exercising state environmental supervision (state inspectors of the city of Moscow in the field of environmental protection), are at the same time officials exercising state supervision in the field of protection, reproduction and use of animal objects of the world and their habitat on the territory of the city of Moscow.
4.2. Paragraph 3 of the resolution is recognized as invalid.
4.3. In paragraph 4 of the resolution, the words "to the Minister of the Moscow Government Bochin L.A." replace with the words "to the head of the Department of Nature Management and Environmental Protection of the city of Moscow Kulbachevsky A.O.".
5. To impose control over the implementation of this resolution on the head of the Department of nature management and environmental protection of the city of Moscow Kulbachevsky A.O.
Mayor of Moscow
S.S. Sobyanin
Appendix
to the decision of the Government
In January 2002, a new federal law "On Environmental Protection" came into effect. This law replaced the law of the RSFSR "On the Protection of the Environment", adopted in 1991. During 2004-2008, changes were made to the law related to clarifying the powers of the constituent entities of the Russian Federation and municipalities in the field of environmental protection.
The Law on Environmental Protection consists of 16 chapters:
Chapter I. General provisions.
Chapter II. Fundamentals of management in the field of environmental protection.
Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.
Chapter IV. Economic regulation in the field of environmental protection.
Chapter V. Rationing in the field of environmental protection.
Chapter VI. Environmental impact assessment and ecological expertise.
Chapter VII. Requirements in the field of environmental protection in the implementation of economic and other activities.
Chapter VIII. Zones of ecological disaster, zones of emergency situations.
Chapter IX. Natural objects under special protection.
Chapter X State monitoring environment (state environmental monitoring).
Chapter XI. Control in the field of environmental protection (environmental control).
Chapter XII. Scientific research in the field of environmental protection.
Chapter XIII. Fundamentals of formation of ecological culture.
Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.
Chapter XV. International cooperation in the field of environmental protection.
Chapter XVI. Final provisions.
AT chapter 1 The federal law gives definitions of the main concepts, including: in the field of regulation, state environmental monitoring, environmental audit, best existing technology, environmental risk and environmental safety. The main principles of environmental protection are formulated, which allow the impact of economic and other activities on the natural environment, based on compliance with the requirements in the field of environmental protection. At the same time, the reduction of the negative impact of economic and other activities on the environment should be carried out on the basis of the use of the best existing technologies, taking into account economic and social factors. The law establishes the objects of environmental protection from pollution and depletion, degradation, these include:
Lands, bowels, soils;
Surface and ground waters;
Forests and other vegetation, animals and other organisms and their genetic stock;
Atmospheric air, the ozone layer of the atmosphere and near-Earth space.
Powers of state authorities of the Russian Federation, subjects of the Russian Federation and bodies local government in the field of relations related to environmental protection are considered in chapter 2. The delimitation of powers in the sphere of relations related to environmental protection between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation should be carried out on the basis of Agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, on the transfer of the exercise of part of their powers on environmental protection issues environment.
The rights and obligations of citizens, public and other non-profit associations in the field of environmental protection are considered in chapter 3 law. Every citizen of the Russian Federation has the right to a favorable environment, to its protection from the negative impact caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment. This chapter also defines the rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection, and the system of state measures to ensure the rights to a favorable environment.
Methods of economic regulation in the field of environmental protection, considered in chapter 4 include:
Conducting an economic assessment of the impact of economic and other activities on the environment;
Provision of tax and other benefits in the implementation of the best existing technologies, non-traditional types of energy, the use of secondary resources and waste processing, as well as in the implementation of other effective measures to protect the environment in accordance with the legislation of the Russian Federation;
Setting fees for negative impact on the environment;
Support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment.
The law abolished the system of environmental funds that had existed since 1991. The fee for the negative impact on the environment (the fee for environmental pollution) has been retained. It is determined that entrepreneurial activity carried out for the purpose of environmental protection is supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which has been in operation since 1991, has been liquidated.
AT chapter 5 the system of regulation in the field of environmental protection is considered. The law determines that regulation in the field of environmental protection consists in establishing standards for environmental quality, standards for permissible environmental impact, as well as state standards and other documents. Rationing is carried out in the manner established by the Government of the Russian Federation.
The Law refers to the environmental quality standards the standards established in accordance with the chemical, physical and biological indicators of the state of the environment.
In order to prevent the negative impact on the environment of economic and other activities, the following standards of permissible environmental impact are established for legal entities and individuals:
Standards for permissible emissions and discharges of substances and microorganisms;
Standards for the generation of production and consumption waste and limits on their disposal;
Standards for permissible removal of components of the natural environment;
Standards for permissible anthropogenic load on the environment.
As one of the elements of the implementation of environmentally sound economic activities, the Law introduces voluntary and mandatory environmental certification.
The federal law "On Environmental Protection" fundamentally changed chapter 6 dedicated to the state ecological expertise. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment. An environmental impact assessment is carried out when developing all alternative options for pre-project, including pre-investment, and project documentation substantiating the planned economic and other activities, with the participation of public associations.
Chapter 7 is devoted to the issues of environmental protection in the course of economic and other activities and includes the following articles containing requirements in the field of environmental protection in case of:
placement of buildings, structures, structures and other objects;
design of buildings, structures, structures and other objects;
construction and reconstruction of buildings, structures, structures and other objects;
commissioning of buildings, structures, structures and other facilities;
operation and decommissioning of buildings, structures, structures and other facilities;
operation of agricultural facilities;
during land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures;
placement, design, construction, reconstruction, commissioning and operation of energy facilities;
placement, design, construction, reconstruction of urban and rural settlements;
use radioactive substances and nuclear materials;
production and operation of automobile and other vehicles;
placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, facilities for processing, transportation, storage and sale of oil, gas and products of their processing;
use chemical substances in agriculture and forestry;
production, handling and disposal of potentially hazardous chemicals, including radioactive, other substances and microorganisms;
waste management of production and consumption;
establishment of protective and security zones;
privatization and nationalization of property;
placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment.
Chapter 8 the procedure for declaring and establishing the regime of ecological disaster zones was considered. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.
AT chapter 9 issues of protection of natural objects are considered. For the protection of natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of territories on which natural objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are located are not subject to privatization.
AT chapter 10 the issues of organizing state environmental monitoring were considered. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment, as well as to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.
Chapter 11 Federal Law "On Environmental Protection" is devoted to environmental control. In the Russian Federation, state, industrial and public control in the field of environmental protection is carried out. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. At the same time, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.
Industrial environmental control is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with the requirements in the field of environmental protection established by the legislation in the field of environmental protection. Enterprises are obliged to provide information on the organization of industrial environmental control to the relevant executive authority exercising state environmental control. Public environmental control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.
AT chapter 12 reviewed the procedure for scientific research in the field of environmental protection, which are carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy.
Chapter 13 dedicated to the formation of ecological culture. In order to form an ecological culture and professional training of specialists in the field of environmental protection, the law establishes a system of general and comprehensive environmental education, including preschool and general education, secondary, vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, as well as the dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations. The heads of organizations and specialists responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment must be trained in the field of environmental protection and environmental safety.
AT chapter 14 establishes liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection. For violation of the legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the legislation.
Thus, economic entities are obliged to fully compensate for environmental damage, including projects that have a positive conclusion from the state environmental review. Harm to the environment is compensated in accordance with duly approved rates and methods, and in their absence, based on actual costs, taking into account losses incurred, including lost profits. Claims for compensation for environmental damage caused by violation of environmental laws may be brought within twenty years.
The procedure for restricting, suspending or terminating the activities of legal entities and individuals carried out in violation of environmental legislation has also been changed. If earlier the supervisory authorities could suspend or terminate the activities of economic entities by their instructions, now the requirements for the restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection must be considered by the court or arbitration court.
AT chapter 15 issues of international cooperation in the field of environmental protection were considered. The Russian Federation carries out international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.
