In accordance with article 4.2. objects that have a negative impact on the environment, depending on the level of such impact are divided into four categories:
- objects that have a significant negative impact on the environment and related to the fields of application of the best available technologies, - objects of category I,
- objects that have a moderate negative impact on the environment, - objects of category II,
- objects that have a slight negative impact on the environment, - objects of category III,
- objects that have minimal negative impact on the environment, - objects of category IV.
When conducting the registration of objects, a number of regions did not register schools, kindergartens, offices, shops and other objects that do not have stationary sources. At the same time, on the site https://onv.fsrpn.ru, you can familiarize yourself with the registered objects. Among them, you can find the very objects that are indicated above.
For example, Object 03-0123-002850-P Kindergarten - based on the emissions presented, parking or travel, which is most likely located outside the kindergarten area, but was purposefully considered for inclusion in the register, was taken into account
A separate block in the objects not subject to registration, construction objects are taken out. From the explanations it follows that "capital construction projects are subject to registration with the state after their commissioning."
However, construction work has no less impact on the environment than operating enterprises.
The issue of registration is closely related to the regulation and administration of payments (based on the assumptions and justifications of 219-FZ)
Namely: from January 1, 2019, standards for waste generation and limits for their disposal are developed by legal entities and individual entrepreneurs, as a result of economic and (or) other activities of which waste is generated during the operation of facilities of category 1, 2, 3. When carrying out economic and (or) other activities at the facilities of category IV, determined in accordance with the legislation in the field of environmental protection, the development of standards for the generation of waste and limits for their disposal and reporting on the generation, use, disposal, disposal of waste are not required. And again, about the conditionally 5th category - there are no objects that do not have a negative impact
The situation is similar with the approval of standards for permissible emissions, standards for permissible discharges: Norms for permissible emissions, standards for permissible discharges are not calculated for facilities of category IV.
Regarding the payment for the negative impact on the environment in accordance with Article 16.1 1. The payment for the negative impact on the environment shall be paid by legal entities and individual entrepreneurs who carry out economic and economic activities on the territory of the Russian Federation, on the continental shelf of the Russian Federation and in the exclusive economic zone of the Russian Federation (or) other activities that have a negative impact on the environment (hereinafter - persons obligated to pay), with the exception of legal entities and indie idualnyh entrepreneurs engaged in economic and (or) other activities exclusively on the objects of category IV.
And in accordance with paragraph 2 of this article, Registration of persons obligated to pay is carried out when maintaining state records of facilities that have a negative impact on the environment, in accordance with this Federal Law.
Decree of the Government of the Russian Federation of 03.03.2017 N 255 "On the calculation and collection of fees for negative environmental impacts" confirms the rule on who should pay the fee: clause 7. Accounting for persons obligated to pay fees is carried out by the Federal Service for Supervision of Natural Resources when conducting state accounting of facilities that have a negative impact on the environment, in accordance with the Federal Law "On Environmental Protection".
Based on this norm, we can conclude that the objects recognized by the territorial bodies of Rosprirodnadzor, as well as by the executive authorities of the constituent entities of the federation that do not have a negative impact, or as with construction objects for which an answer about the impossibility of inclusion in the register should be Paying for negative impact.
Similarly, it is not clear what to do with rationing starting in 2019. In the current versions there is no option to obtain a limit for objects that do not have a negative impact on the environment.
A similar request was sent to the Ministry of Natural Resources. In accordance with the response No. 12-50 / 02532-ОG dated 03/29/2017, which states that they formally pay everything for waste disposal - it turns out that an object that does not have a negative impact on the environment only generates waste (and can generate from in large enough quantities - for example, storage facilities) will be forced to pay a fee for waste disposal in 5 times. Similarly, construction objects.
In this regard, I ask you to provide clarification on the following issues
1. What to do to objects NOT having a negative impact on the environment. Objects that are refused registration. Do they have to pay a fee for an IEE without doing so? If yes (based on previously clarified explanations) will the item that the list of persons obligated to pay a fee be deleted is determined on the basis of the register of objects. Otherwise, there is a contradiction of federal law.
2. If we proceed from the principle that the enshrined 219-ФЗ will reach unchanged until 2019 - what should objects do that do not have a negative impact on regulation?
9 Answer. The concept of "environmental damage" (environmental harm), characteristics and basic indicators.
environmental damage (environmental harm) - negative changes in its condition, expressed in pollution of the environment, depletion of natural resources, destruction of natural ecosystems, impaired metabolism and energy, the harmonious development of society and nature.
Environmental harm - this is any environmental degradation that has occurred as a result of a violation of legal environmental requirements, and any infringement on material and intangible goods protected by law, including human life and health, property of individuals and legal entities associated with it.
Ecological harm is expressed in the breakdown of natural connections in nature. Thus, it is impossible to compensate in monetary terms the damage caused to the environment (irreparable harm), and compensation for harm in kind is only partially possible, that is, such compensation is conditional in nature, since nature's objects have no value (relatively compensated harm). In the amount of money, only that which, as a rule, cannot be made up in kind (actual compensable damage) is estimated.
Types of environmental harm objects:
• environment - man-made harm,
• human health - physiological harm,
• The future generation of mankind - genetic harm.
10 Answer. The concept of "Environmental Safety" is the main indicators and characteristics.
environmental safety - the state of protection of the natural environment and the vital interests of a person from the possible negative impact of economic and other activities, natural and man-made emergencies, their consequences.
Environmental Safety - the state of protection of the biosphere and human society, and at the state level - of the state, from threats arising from anthropogenic and natural environmental impacts.
The concept of environmental safety includes a regulatory and management system that allows predicting, not allowing, and in case of occurrence, eliminating the development of emergencies.
Environmental safety is implemented at the global, regional and local levels.
The global level of environmental safety management involves predicting and tracking processes in the state of the biosphere as a whole and its constituent areas. (for example, on the territory of biosphere reserves). Global environmental safety management is the prerogative of interstate relations at the level of the United Nations, UNESCO, UNEP and other international organizations.
The regional level includes large geographical or economic zones, and sometimes the territories of several states. Control and management is carried out at the level of government of the state and at the level of interstate relations (United Europe, CIS, Union of African States, etc.).
At this level, the environmental safety management system includes:
- creation and implementation of new environmentally friendly technologies,
- maintaining the pace of economic development, not hindering the restoration of the quality of the OS and contributing to the rational use of natural resources.
The local level includes cities, districts, metallurgy, chemical, oil refining, mining and defense industries, as well as control of emissions, effluents, etc. Environmental safety management is carried out at the level of administrations of individual cities, districts, enterprises with the involvement of relevant services responsible for sanitary status and environmental activities.