Recently, the ecological community has been trying (more precisely, forced) to switch to new system state control facilities that have a negative impact on the environment (hereinafter referred to as NEOS). As is often the case in our country, the transition to the new regime has been noticeably delayed. The main reason for the “delay” is that state bodies are in no hurry to develop by-laws and regulations aimed at implementing the provisions federal law dated January 10, 2002 No. 7-FZ "On Environmental Protection" (hereinafter - Federal Law No. 7-FZ).
Let us recall that according to par. 1 and 2 Art. 69.2 of the Federal Law No. 7-FZ, facilities that provide NVOS are subject to state registration by legal entities and individual entrepreneurs engaged in economic and (or) other activities at these facilities, in an authorized by the Government Russian Federation federal executive body or executive body of a subject of the Russian Federation in accordance with their competence on the basis of an application.
What is this notorious state accounting of objects that provide NVOS, and why is it needed at all?
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1. State registration of objects that have a negative impact on the environment is carried out in order to obtain reliable information about objects that have a negative impact on the environment, determine the areas of application of the best available technologies, apply program-target methods of planning, as well as to plan the implementation of state environmental supervision .
2. State accounting of objects that have a negative impact on the environment includes, among other things, state accounting of emissions of harmful (polluting) substances into the atmospheric air, harmful physical effects on the atmospheric air and their sources in accordance with the legislation of the Russian Federation in the field of atmospheric protection air, and state accounting in the field of production and consumption waste management in accordance with the legislation of the Russian Federation in the field of production and consumption waste management.
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In what form will the state accounting of objects providing NVOS be implemented?
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from Federal Law No. 7-FZ
Article 69. State registration of objects that have a negative impact on the environment
[…]
3. State accounting of objects that have a negative impact on the environment is carried out in the form of maintaining state register objects that have a negative impact on the environment, which is a state information system, the creation and operation of which are carried out in accordance with this Federal Law, the legislation of the Russian Federation on information, information technologies and information protection and other regulatory legal acts.
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7. The state register of objects that have a negative impact on the environment consists of federal state register of objects that have a negative impact on the environment, and regional state registers of objects that have a negative impact on the environment.
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The federal state register of objects that provide NVOS and are subject to federal state environmental supervision will be maintained by Rosprirodnadzor (clause 5.5.10 of the Regulations on the Federal Service for Supervision in the Sphere of Natural Resources Management, approved by Decree of the Government of the Russian Federation of July 30, 2004 No. 400; as amended on December 25. 2015), and the regional state registers of objects that provide NEOS and are subject to regional state environmental supervision are the executive authorities of the constituent entities of the Russian Federation.
In accordance with paragraph 10 of Art. 69 of Federal Law No. 7-FZ, the procedure for creating and maintaining the state register of objects providing NVOS is established by the Government of the Russian Federation. Thus, a few days before the issue was signed for publication, Decree of the Government of the Russian Federation No. 572 dated June 23, 2016 approved the Rules for the Creation and Maintenance of the State Register of Objects that Have a Negative Impact on the Environment (hereinafter referred to as the Rules for Maintaining the Register).
What is the procedure for putting objects that provide NVOS on state registration? You will find the answer on the diagram.
Article 69.2 of Federal Law No. 7-FZ also provides for procedures updating accounting information about the facility providing NVOS, and deregistration of an object providing NVOS, with the issuance of relevant certificates (within 10 working days from the date of submission of documents). By the way, the application forms for updating accounting information about the object and the application for removing the object from the state register have not yet been approved.
NOTE
Putting the object on the state register, updating the accounting information about the object and removing the object from the state register are carried out free of charge.
To date, the following by-laws have been approved in the field of state registration of facilities that provide NVOS:
In addition, a letter from Rosprirodnadzor dated April 28, 2016 No. AC-03-04-36 / 7884 “On sending clarifications on accounting for objects of negative environmental impact and preparation for maintaining the federal state register” was recently issued (together with Clarifications on state accounting objects that have a negative impact on the environment, as well as maintaining the state register of objects that have a negative impact on the environment) (hereinafter - letter No. AC-03-04-36 / 7884), which we will consider further.
Letter No. AS-03-04-36/7884 was issued in connection with numerous (and quite justified) appeals to Rosprirodnadzor legal entities, individual entrepreneurs and individuals.
The letter notes that certain nuances of state registration of objects that provide NEI (for example, registration of objects that are used by one legal entity or individual entrepreneur, but located in different regions of the Russian Federation) will be further clarified after receiving the necessary information from the Ministry of Natural Resources Russia.
Rosprirodnadzor reminds about the maintenance of state records of objects providing NVOS at the federal and regional levels, depending on the level of supervision of objects. In addition, it is clarified that the creation and commissioning of the state register of objects providing NVOS (in the form of a state information system), and, accordingly, the registration of objects that provide NVOS, based on the approved application form, will be implemented after approval of the Procedure for the creation and maintenance of the state register of objects providing NVOS.
NOTE
As we noted earlier, the Registry Rules have already been approved and have come into force. In this regard, the state registration of facilities providing NVOS was to start.
Since the adoption of the necessary by-laws was stretched out in time, the deadline for putting objects on state records is until December 31, 2016, indicated by Part 3 of Art. 11 of the Federal Law No. 219-FZ, today is unattainable. In fact, the registration of objects has just begun (at least it should have begun). And about registration before the end of this year all objects that provide NVOS, and there is no need to say! For once, adequately assessing the situation, Rosprirodnadzor sent a letter to the Ministry of Natural Resources of Russia with the rationale for extending the period for registering objects until December 31, 2017.
We believe that the consequence of the above letter was the placement by the Ministry on May 19, 2016 on the federal portal of draft regulatory legal acts of a rather concise draft of the Federal Law "On Amending Part 3 of Article 11 of the Federal Law "On Amending the Federal Law" On Environmental Protection "and separate legislative acts of the Russian Federation "", which provides for the following: “In part 3 of Article 11 of the Federal Law of July 21, 2014 No. 219-FZ “On Amendments to the Federal Law “On Environmental Protection” and Certain Legislative Acts of the Russian Federation” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2014, No. 30, art. 4220) the words "within two years" shall be replaced by the words "within three years"". Thus, the project provides for the transfer of the deadline for setting objects that provide NEI to state registration from December 31, 2016 on the December 31, 2017 inclusive.
We also note that in the letter, Rosprirodnadzor, just in case, did not fail to remind economic entities of the administrative responsibility for failure to fulfill or untimely fulfillment of the obligation to file an application for state registration of objects:
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from the Code of the Russian Federation on Administrative Offenses
(as amended on 06/02/2016)
Article 8.46. Failure to fulfill or untimely fulfillment of the obligation to file an application for state registration of objects that have a negative impact on the environment, to provide information for updating accounting information
Failure to fulfill or untimely fulfillment of the obligation to file an application for state registration of objects that have a negative impact on the environment, to provide information for updating accounting information administrative fine on officials in the amount of five thousand to twenty thousand rubles; for legal entities - from thirty thousand to one hundred thousand rubles.
Note. Per administrative offense provided for by this article, the person carrying out entrepreneurial activity without forming a legal entity, bears administrative responsibility as a legal entity.
The second part of the explanatory letter under consideration concerns the application of the criteria for classifying objects that provide NEOS as objects of federal state environmental supervision and objects of categories I, II, III and IV.
Thus, when determining the level of supervision of objects that provide NEI, the criteria for determining objects subject to federal state environmental supervision, approved by Decree of the Government of the Russian Federation of August 28, 2015 No. 903, are applied.
With regard to the categorization of objects that provide NEOS, the letter notes that, in accordance with paragraph 4 of Art. 4.2 of Federal Law No. 7-FZ, the assignment of an object providing NVOS of the corresponding category is carried out when it is put on state records, and the category of the object can be changed when updating the accounting information about the object.
Recall (although all business entities should already know this) that in accordance with paragraph 1 of Art. 4.2 of Federal Law No. 7-FZ, objects that provide NVOS, depending on the level of such impact, are divided into four categories:
The criteria for classifying objects that have a negative impact on the environment as objects of categories I, II, III and IV (hereinafter referred to as the Criteria) are approved by Decree of the Government of the Russian Federation of September 28, 2015 No. 1029. As paragraph 2 of Art. 4.2 of Federal Law No. 7-FZ, when establishing the criteria, the following were taken into account (at least they should have been taken into account):
Thus, in accordance with the Criteria, the largest and dangerous objects will be assigned to category I, objects with less power and less dangerous - to category II, objects that are not assigned to categories I, II and IV - to category III.
BY THE WAY
Facilities engaged in the production of dairy products with a design capacity of 200 tons of processed milk per day or more in accordance with the Criteria are classified as I category, and with a design capacity of less than 200 tons of processed milk per day - to II category. This fact caused a wave of indignation among milk producers.
So, National Union Dairy producers are required to reduce the hazard category for dairies to III or IV due to their (allegedly) insignificant negative impact on the environment and high social significance.
According to the Union, the level of threat to the environment from objects of the dairy industry is not comparable with the level of danger of most other objects presented in Category I. Technological processes of milk production practically do not provide for emissions of especially toxic and carcinogenic substances into the atmospheric air. In addition, according to SanPiN 2.2.1 / 2.1.1.1200-03 "Sanitary protection zones and sanitary classification of enterprises, structures and other objects" (as amended on April 25, 2014), dairy production is assigned to hazard class IV (the size of the sanitary protection zone - 100 m).
However, the Ministry of Natural Resources of Russia considers it quite reasonable to classify milk processing enterprises as objects of hazard categories I and II, since the wastewater from such enterprises is a source of microbial contamination.
Finally, the bulk of the objects that provide NEOS will fall into category IV:
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from Criteria
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IV. Criteria for classifying objects that have a negative impact on the environment as objects of category IV
6. The presence of the following criteria simultaneously:
A) the presence of stationary sources of environmental pollution at the facility, mass of pollutants in air emissions which does not exceed 10 tons per year, in the absence of emissions of substances of I and II hazard classes, radioactive substances;
B) no discharges of pollutants as part of Wastewater into centralized sewerage systems, other facilities and systems for the disposal and treatment of wastewater, with the exception of discharges of pollutants resulting from the use of water for domestic needs, as well as the absence of discharges of pollutants into the environment.
7. Implementation of activities at the facility to ensure electrical energy, gas and steam ( using equipment with a design heat output of less than 2 Gcal/h when consuming gaseous fuel) subject to the compliance of such an object with the criteria provided for in subparagraph "b" of paragraph 6 of this document.
8. On-site equipment use exclusively for research, development and testing of new products and processes(pilot production enterprises, research institutes, experimental design bureaus), subject to the compliance of such an object with the criteria provided for in paragraph 6 of this document.
So we have completed the review of regulatory legal acts, on the basis of which the state registration of objects that provide NVOS should be carried out. However, these are just official documents, which are still of little use in practice and already raise many questions.
Ecological forums literally boiled and continue to boil from the attempts of their participants to predict the course of events. Of course, users of natural resources want to take timely measures to register objects on the account and be in time before the end of the deadline. It was for such active users of natural resources, who sent their applications before the entry into force of the Rules for maintaining the register, that the letter we reviewed was issued, according to which it was not necessary to take any specific actions before the approval of these Rules.
So, we emphasize once again that the long-awaited Rules for maintaining the register were approved by Decree of the Government of the Russian Federation of June 23, 2016 No. 572. Let's find out what the legislator has prepared for us.
Note that part of the provisions of the Registry Rules was copied from Art. 69 and 69.2 of Federal Law No. 7-FZ. Here are the provisions that are not in the said Federal Law and which are of interest to us:
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from the Registry Rules
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18. If a legal entity, an individual entrepreneur carry out economic and (or) other activities on 2 or more objects, an application for registration of an object is sent by a legal entity, an individual entrepreneur for each object separately.
19. If the object is located within the territory of 2 or more subjects of the Russian Federation, a legal entity, an individual entrepreneur, carrying out economic and (or) other activities at this facility, send an application for registration of the facility to one of the territorial bodies Federal Service on supervision in the field of nature management or the executive authority of the constituent entity of the Russian Federation in accordance with their competence at the location of such an object at its discretion.
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21. If, when considering an application for registration of an object by a territorial body of the Federal Service for Supervision in the Sphere of Natural Resources, it is established that the object is subject to registration in the regional register, application in in electronic format using the means of the state register, it is sent within 5 working days from the date of registration to the relevant executive authority of the constituent entity of the Russian Federation with notification of the legal entity, individual entrepreneur who sent the application about its redirection.
22. If, when considering an application for registration of an object by an executive authority of a constituent entity of the Russian Federation, it is established that the object is to be entered into the federal register, an application in electronic form using the means of the state register is sent within 5 working days from the date of registration to the appropriate territorial body of the Federal Service for Supervision in the Sphere of Natural Resources with notification of the legal entity, individual entrepreneur that sent the application about its redirection.
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24. If the object meets several criteria, on the basis of which it can be attributed simultaneously to objects of I, II, III and (or) IV categories, the object is assigned a category corresponding to the category by the highest level of negative impact on the environment.
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The rules for maintaining the register have been approved, which means that legal entities and individual entrepreneurs can come to grips with the state registration of their objects that provide NVOS.
Ecologists, on the other hand, are trying to sort out the confusion of by-laws that have already been issued. In doing so, they naturally raise many questions.
The main question is: what is the object that provides NVOS? Immediately after the release of Federal Law No. 219-FZ, everyone was sure that the category would be assigned to an individual entrepreneur or a legal entity as a whole, but now it has become clear that this is not the case. Let's figure it out.
We recall that according to Art. 1 Federal Law No. 7-FZ facility providing NVOS, is an object capital construction and (or) another object, as well as their combination, united by a single purpose and (or) inextricably linked physically or technologically and located within one or more land plots.
For the definition of the term "capital construction object", let's turn to the town planning legislation: capital construction object- a building, structure, structure, objects, the construction of which has not been completed, with the exception of temporary buildings, kiosks, sheds and other similar structures (clause 10, article 1 Urban Planning Code Russian Federation; in red. dated December 30, 2015).
Based on the above definitions, an object that provides NEOS is a separate building, structure, structure that will be operated and produce NEOS.
At the same time, it is not clear whether it will be possible to attribute the complex of buildings of the enterprise located on the same land plot to one facility that provides NEI. If not, then one enterprise may have several dozen different objects, each of which will be assigned its own category in accordance with the Criteria.
And the most interesting thing: some facilities will be subject to federal state environmental supervision (for example, the same milk processing complex), while others will be subject to regional supervision (a boiler room with a household boiler for heating the administrative building in this complex with an installed electric capacity of 220 MW). How will control be exercised in this case? Will it be necessary to obtain a complex environmental permit for a milk processing complex, and to develop a declaration on the impact on the environment for a boiler house? Automatic emission controls will also be selectively installed in individual workshops? Lots of questions, no answers.
It turns out that each individual building, if it is not inextricably linked with another (based on the definition of the term “an object that provides NVOS”), will be assigned its own code and category and a certificate of registration will be issued. At the same time, it is not clear how it is necessary to prove the “inextricable connection” of objects with each other in order to register at least production complex or a branch, not every barn or machine.
In addition, there are questions about the registration of leased objects. For example, many small entrepreneurs do not have their own space and are forced to rent it. It is likely that it is the lessor who will register the objects belonging to him that provide NVOS. But it is the tenants who operate the facilities. Moreover, they can place their own equipment with sources of emission in these facilities. In addition, in the process of carrying out the activities of the tenant's employees, waste will certainly be generated.
But what about office enterprises and small shops that produce nothing but household waste? The fact is that they do not meet the conditions for classifying objects to category IV as stipulated by the Criteria (because they do not have emissions and discharges). Therefore, they, as objects that cannot be assigned to categories I, II or IV, should be assigned category III. As a result, a huge layer of users of natural resources is not exempted from the development and submission of environmental reporting and payment for NEI. Agree, this is not what business entities were counting on after the release of Federal Law No. 219-FZ. Perhaps the listed objects do not belong to the objects providing NVOS at all? It remains only to guess.
In addition, the registration of construction sites that are temporary, but usually more than 6 months, raises questions. Recall that according to paragraph 2 of Art. 69.2 of Federal Law No. 7-FZ, state registration of objects providing NVOS is carried out on the basis of an application submitted by legal entities or individual entrepreneurs not later than within 6 months from the date of commencement of operation of these facilities. That is, construction sites will need to be registered for the construction period, and then deregistered when the construction is completed, or will the accounting information about the facility be updated when the facility is transferred from construction to operation?
Another predictable problem is the registration of objects owned by the same legal entity or individual entrepreneur and located in different regions of the Russian Federation. It turns out that it will be necessary to file applications for registration with the executive authorities of each subject separately. By the way, in the approved application form there is a field for specifying the OKTMO code, on the basis of which, apparently, the objects will be geographically distributed among the registries.
Since we mentioned the application for registration, let's dwell on it in more detail. Perhaps no one will argue with the fact that the application form is very cumbersome. It is necessary to indicate a huge amount of information in it on all aspects of the activity of the facility providing NVOS, and the information is listed in a line (anyone thought about how you can list, for example, all pollutants from all emission sources in a row in a line?). As a result, an application for registration of a large production facility will turn into a Talmud.
It should be noted that users of natural resources have the opportunity to submit an application through the well-known and tired “Natural user module”, however, the implementation of the application in the program at the moment leaves much to be desired: it has many shortcomings, the most important of which is that the application form does not coincide with the application form , approved by the Order of the Ministry of Natural Resources of Russia dated December 23, 2015 No. 554.
By the way, pay attention to the wording of paragraph 1 of the mentioned Order (highlighted by the author): "one. Approve the attached application form for the state registration of objects that have a negative impact on the environment, containing information for entering into the state register of objects that have a negative impact on the environment, including in the form of electronic documents signed with an enhanced qualified electronic signature". As you can see, it does not directly say that the application can be submitted in paper form.
However, the Registry Rules contain the following provision:
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from the Registry Rules
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35. An application for registration of an object, information and documents submitted for updating accounting information about an object or deleting an object from the state register, a legal entity, an individual entrepreneur engaged in economic and (or) other activities at the object, are sent to the territorial body of the Federal Service on Supervision in the Sphere of Natural Resources Management by mail with a description of the attachment and a notice of receipt or electronic by filling in an electronic tool for generating an application using the federal state information system "Unified Portal of State and Municipal Services (Functions)" or the official website of the Service on the Internet.
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As you know, the application form was agreed and approved, despite public hearings held by the Russian Ministry of Economic Development, which resulted in a negative conclusion on the project. The main comment to the draft was that the application form completely ignores the principle of administrative reform - it asks for information that should already be at the disposal of Rosprirodnazor and its territorial bodies in accordance with the requirements of the following regulatory legal acts:
The developers of the application apparently forgot that all data from the agreed draft standards for maximum allowable emissions, draft standards for permissible discharges and draft standards for the generation of waste and limits for their disposal are entered into the internal databases of Rosprirodnadzor, and 5 years ago, such databases were maintained by Rostekhnadzor in accordance with the Order Rostekhnadzor dated 24.11.2005 No. 867 “On the conduct by the territorial bodies of the Federal Service for Ecological, Technological and Nuclear Supervision of state accounting of facilities that have a negative impact on the environment”.
And finally, one more interesting fact related to the content of the application for registration of objects:
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from the Registry Rules
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20. The grounds for refusing to state registration of objects is the absence in the application of the information specified in paragraph 17 of these Rules. In this case, the territorial executive authority of the constituent entity of the Russian Federation sends a notice to the legal entity, individual entrepreneur indicating the reasons for the refusal within 5 working days from the date of receipt of the application.
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38. It is prohibited to demand from a legal entity, an individual entrepreneur, when placing an object on state registration, when updating accounting information about an object or removing an object from state registration:
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b) submission of information and documents that, in accordance with the regulatory legal acts of the Russian Federation, the regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts, are at the disposal of state bodies providing public services, other state bodies, bodies of local self-government and (or) organizations subordinate to state bodies and local self-government bodies participating in the provision of state or municipal services, with the exception of the documents specified in Part 6 of Article 7 of the Federal Law "On the organization of the provision of state and municipal services" .
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Don't you think there's a contradiction here? We do.
In general, the current situation in the field of state registration of objects that provide NVOS for state registration raises a lot of questions from business entities, to which, unfortunately, no one (by “no one” we mean the Ministry of Natural Resources of Russia and Rosprirodnadzor) is in a hurry to give intelligible answers . The legislation governing the procedure for registering objects contains a number of gaps that can be used to distort the original goal of the innovations discussed in the article - to simplify and modernize state environmental control, reducing the burden on small and medium-sized businesses.
We have no choice but to wait for the release of numerous explanatory letters from Rosprirodnadzor, which, as always, will run counter to federal law. Unfortunately, this notorious scheme has been operating in our country for many years. Let's hope that the initially positive procedure for reforming the environmental control system will not eventually get bogged down in bureaucracy and executive arbitrariness.
.Organizations and individual entrepreneurs that operate objects that have a negative impact on the environment (NEOS) must put such objects on state records (clause 1, article 69.2 of the Federal Law of 10.01.2002 No. 7-FZ).
Recall that the NVOS object is a capital construction object or another object, as well as their combination, united by a single purpose or inextricably linked physically or technologically and located within one or more land plots (Article 1 of the Federal Law of 10.01.2002 No. 7- FZ). Objects under construction are subject to state registration after they are put into operation.
We will tell you about the procedure for registering NVOS objects in our consultation.
Separate pieces of equipment are not considered as independent objects of NVS, as well as land. Objects that do not meet the criteria for classifying objects in categories I, II, III or IV, which are approved, are not objects of NVOS and are not registered. So, for example, open parking lots and similar areas are not stationary sources of emissions (Letter of the Ministry of Natural Resources dated September 18, 2015 No. 12-44/22962). However, in relation to garages (even those used only for storage, entry and exit of vehicles) that are equipped with exhaust ventilation, the exhaust ventilation pipe will be a stationary source of pollutant emissions into the atmospheric air. Therefore, it will be necessary to register a garage and other similar buildings, structures or premises (Letter of Rosprirodnadzor dated February 14, 2018 No. RN-04-03-27 / 2839).
At the same time, it should be taken into account that the formation and accumulation of waste alone are not the criteria for classifying an object in one of the four categories of negative environmental impact. Therefore, if an organization or individual entrepreneur (for example, offices, schools, kindergartens, etc.) generate waste (without carrying out waste disposal activities on their own) and at the same time do not have other types of negative environmental impact specified in the Government Decree dated 09/28/2015 No. 1029, then in this case, they do not have NIOS objects.
The procedure for registering an object as an NVOS is provided for in Art. 69.2 of the Federal Law of January 10, 2002 No. 7-FZ. For each object that has a negative impact on the environment, an application is formed (clause 3 of article 69.2 of the Federal Law of 10.01.2002 No. 7-FZ). The application form was approved by the Order of the Ministry of Natural Resources of December 23, 2015 No. 554.
You can download the application form for registration of NVOS objects in Word format.
The application can be submitted electronically, handed over in person or sent by mail with a description of the attachment and a notification of receipt.
We will describe below how to prepare an application for registration of an NVOS object in electronic form.
To register NVOS objects with Rosprirodnadzor, an application can be prepared in electronic form in the following ways:
To work in your personal account you need:
As for the nature user module, this is free software that can be downloaded from the Rosprirodnadzor website http://rpn.gov.ru/otchetnost.
You can also prepare an application for registration of an NVOS object in third-party software, provided that you use the open XML format published at http://rpn.gov.ru/node/27639 (file "For Companies with a corporate environmental accounting system" ).
An application for state registration of objects of negative impact is submitted at the location of the object (Article 65 of the Federal Law of 10.01.2002 No. 7-FZ):
Recall that the objects of NVOS that are subject to federal environmental supervision are:
No fee is charged for filing an application and registering an NVOS object (clause 15, article 69.2 of Federal Law No. 7-FZ of 10.01.2002).
On the basis of applications, objects of NVOS are included in the register of registration of objects of negative impact.
Within 10 calendar days from the date of receipt of the application, the territorial body of Rosprirodnadzor or the executive authority of the subject of the Russian Federation are obliged to put the object on state registration with the assignment of a code and category of the object to it, as well as issue a certificate of state registration of such an object to the organization or individual entrepreneur (clause 4 article 69.2 of the Federal Law of 10.01.2002 No. 7-FZ).
Information about the NVOS objects is subject to updating in connection with the submission by organizations or individual entrepreneurs of information (clause 6, article 69.2 of the Federal Law of 10.01.2002 No. 7-FZ):
When updating information about the NVOS object, the organization or individual entrepreneur within no more than 10 working days from the date of submission of supporting documents receives a certificate of updating accounting information (
Ministry of Natural Resources and Ecology of the Russian Federation
FEDERAL SERVICE FOR SUPERVISION IN THE FIELD OF NATURE MANAGEMENT
LETTER
On updating the accounting information of NVOS objects
In order to improve the efficiency of maintaining the state register of objects that have a negative impact on the environment (hereinafter referred to as NVOS objects), the Federal Service for Supervision in the Sphere of Natural Resource Management sends methodological recommendations for updating accounting information about objects of NVOS and methodological recommendations for deregistration of objects NVOS and instructs to bring these recommendations to the attention of the relevant authorized executive authorities of the constituent entities of the Russian Federation.
A.G. Sidorov
Attachment 1
In accordance with clause 6 of Article 69.2 (hereinafter referred to as Law N 7-FZ), in the event that legal entities and individual entrepreneurs provide information:
a) on the replacement of a legal entity or an individual entrepreneur engaged in economic and (or) other activities at an object that has a negative impact on the environment, the reorganization of a legal entity in the form of transformation, a change in its name, address (location), as well as a change last name, first name, patronymic (if any), place of residence of an individual entrepreneur, details of an identity document;
b) on changing the location of an object that has a negative impact on the environment;
c) on changes in the characteristics of technological processes of the main industries, sources of environmental pollution;
d) on changing the characteristics of technical means for the neutralization of emissions, discharges of pollutants, technologies for the use, neutralization and disposal of production and consumption waste;
information about objects that have a negative impact on the environment (hereinafter referred to as NEOS objects) is subject to updating in the register.
According to paragraph 7 of Article 69.2 of Law N 7-FZ, the information specified in subparagraphs "a" and "b" is submitted by legal entities and individual entrepreneurs to the territorial body of Rosprirodnadzor or the executive authority of a constituent entity of the Russian Federation in accordance with their competence no later than thirty days from the date of state registration of such changes.
According to paragraph 8 of Article 69.2 of Law N 7-FZ, the information specified in subparagraphs "a" and "b" is confirmed by documents:
on the change of the owner (owner) carrying out economic and (or) other activities at the NVOS facility (for example, an extract from the unified state register of rights to real estate, a copy (extract) from the lease agreement, assistance);
on the reorganization of a legal entity carrying out economic and (or) other activities at the NVOS facility (an extract from the unified state register of legal entities or individual entrepreneurs);
about changing the location of the NVOS object (for example, a copy of the acceptance certificate).
Updating of accounting information about the NEOS object is carried out in the manner prescribed by Law N 7-FZ, the Rules for the creation and maintenance of the state register of objects that have a negative impact on the environment (hereinafter referred to as the Rules), approved by Decree of the Government of the Russian Federation of 06/23/2016 N 572.
Documents confirming the need to update information about the NEOS object are submitted to the territorial body of Rosprirodnadzor or the executive authority of the constituent entity of the Russian Federation in which the specified NEOS object was registered with the state.
When updating the accounting information about the NVOS object, the territorial body of Rosprirodnadzor, the executive authority of the constituent entity of the Russian Federation, according to their competence, include information on updating information about the NVOS object in the federal or regional registers within 10 working days from the date of receipt of documents confirming the need to update information about the NVOS object , and issue a legal entity or individual entrepreneur with a certificate of updating information about the object (paragraphs 9, 10 of Article 69.2 of Law N 7-FZ, paragraph 31 of the Rules, the form of the certificate of updating is Appendix 2).
In accordance with paragraph 39 of the Rules, the territorial body of Rosprirodnadzor, the executive authority of the constituent entity of the Russian Federation, which included information about the object in the federal state register or the regional state register, at the request of a legal entity, an individual entrepreneur engaged in economic and other activities at the facility, or on their own initiative has the right to correct typographical errors, misprints and arithmetic errors made when entering information. In this case, if these corrections affect the composition of the information contained in the certificate of putting the object on state registration or the certificate of updating information about the object, information on the corrections made within 5 days from the date of receipt of the relevant application is sent to the legal entity, individual entrepreneur.
Updating of accounting information about the NVOS object is carried out free of charge (paragraph 15 of article 69.2 of Law N 7-FZ, paragraph 15 of the Rules).
2.1. In accordance with Article 69.2 of Law N 7-FZ:
2.1.1. In the event of a replacement of a legal entity or an individual entrepreneur carrying out economic and (or) other activities at the NVOS object, reorganization of a legal entity, a legal entity or an individual entrepreneur currently operating at the NVOS object (the assignee of the NVOS object), submits to the authorized body :
documents confirming the change of ownership;
documents confirming the reorganization of the legal entity that carried out economic and (or) other activities at the NVOS facility;
up-to-date information about the NEOS object, including information about the legal entity or individual entrepreneur accepting the NEOS object, and the levels of negative impact of the received NEOS object (if they change).
2.1.2. In the event of a change in the name of a legal entity, its address (location), as well as a change in the last name, first name, patronymic (if any), place of residence of an individual entrepreneur, details of a document proving his identity, a legal entity or an individual entrepreneur shall submit to the authorized body :
documents confirming a change in the name of a legal entity, its address (location), as well as a change in the last name, first name, patronymic (if any), place of residence of an individual entrepreneur, details of an identity document;
up-to-date information about the NVOS object, including information about a legal entity or an individual entrepreneur.
2.1.3. In the event of a change in the location of the NVOS object, the legal entity or individual entrepreneur who has carried out the registration of the NVOS object for state registration shall submit to the authorized body:
up-to-date information about the NEOS object, including information about the location of the NEOS object and the levels of negative impact of the NEOS object (in case of their change), provided for in paragraph 5 of the Rules.
2.1.4. In the event of a change in the characteristics of the technological processes of the main industries, sources of environmental pollution, the legal entity or individual entrepreneur who has carried out the registration of the NVOS object for state registration shall submit to the authorized body:
up-to-date information about the NEOS object, including information on changes in the characteristics of the technological processes of the main industries, sources of environmental pollution and the levels of negative impact of the NEOS object (in case of their change), provided for in paragraph 5 of the Rules.
2.1.5. In the event of a change in the characteristics of technical means for the neutralization of emissions, discharges of pollutants, technologies for the use, neutralization and disposal of production and consumption waste, a legal entity or an individual entrepreneur that has carried out the registration of the NVOS facility with state registration shall submit to the authorized body:
up-to-date information about the NVOS facility, including information on changes in the characteristics of technical means for the neutralization of emissions, discharges of pollutants, technologies for the use, neutralization and disposal of production and consumption wastes and the levels of negative impact of the NVOS object, provided for in paragraph 5 of the Rules.
2.2. If it is necessary to correct errors, misprints and arithmetic errors made when entering information, the territorial body of Rosprirodnadzor, the executive authority of the subject of the Russian Federation, which included information about the object in the federal state register or the regional state register, at the request of a legal entity, an individual entrepreneur engaged in economic and other activity at the facility, or on its own initiative, has the right to correct errors, misprints and arithmetic errors made when entering information (paragraph 39 of the Rules).
At the same time, a legal entity or an individual entrepreneur who has carried out the state registration of the object of NVOS submits to the authorized body an application for the need to correct technical errors, indicating the list of necessary corrections.
If these corrections affect the composition of the information contained in the certificate of putting the object on state registration or the certificate of updating information about the object, information on the corrections made within 5 days from the date of receipt of the relevant application is sent to a legal entity, an individual entrepreneur, including including by issuing a certificate of updating accounting information about the NVOS object.
2.3. Current information, as well as documents confirming the need to update information about the NEOS object, can be submitted by a legal entity or an individual entrepreneur to the authorized body both in electronic form using the FSIS "Unified Portal of State and Municipal Services (Functions)" by filling out an electronic tool for generating an application in "Personal Account" located at https://lk.fsrpn.ru or the Nature User Module published on the official website of Rosprirodnadzor on the Internet, and by mail with a description of the attachment and a notification of receipt.
2.4. When updating the accounting information about the NVOS object, based on the information received, the category of the NVOS object may be changed depending on the level of negative impact on the environment and (or) a decision may be made to include (exclude) the object in the list (from the list) of objects subject to federal state environmental supervision (paragraph 29 of the Rules).
2.5. The territorial body of Rosprirodnadzor, the executive authority of the constituent entity of the Russian Federation, according to their competence, include information on updating information about the object in the federal or regional registers within 10 working days from the date of receipt of documents confirming the need to update information about the object of NVOS, and issue it to a legal entity or individual entrepreneur certificate of updating information about the object.
In the event of a change in the category of an object depending on the level of negative impact on the environment, inclusion (exclusion) of the object in the list (from the list) of objects subject to federal state environmental supervision, on the basis of information received during the updating of accounting information about the object, in the certificate of updating information about the object includes information about the specified changes (paragraph 32 of the Rules).
2.6. In accordance with paragraphs 30 and 31 of the Rules:
2.6.1. If, when updating the accounting information about the NVOS object, a decision was made to include the object in the list of objects subject to federal state environmental supervision, information about the object included in the regional state register, as well as information and documents on the need to update the accounting information, are sent by the executive authority of the subject Russian Federation in electronic form using the means of the state register within 5 working days from the date of receipt of such information and documents by the relevant territorial body of Rosprirodnadzor.
The territorial body of Rosprirodnadzor includes information on updating information about the object in the federal register and issues a certificate to the legal entity or individual entrepreneur about updating information about the NVOS object within 10 working days from the date of receipt of information and documents confirming the need to update information about the NVOS object.
2.6.2. If, when updating accounting information about an object, a decision was made to exclude the object from the list of objects subject to federal state environmental supervision, information about the object included in the federal state register, as well as information and documents on the need to update accounting information, is sent by the territorial body of Rosprirodnadzor in electronic form using the means of the state register within 5 working days from the date of receipt of such information and documents by the executive authority of the constituent entity of the Russian Federation.
The executive authority of the constituent entity of the Russian Federation, in accordance with its competence, includes information on updating information about the object in the regional register and issues a certificate to the legal entity or individual entrepreneur about updating information about the object within 10 working days from the date of receipt of information and documents confirming the need to update information about the object .
2.7. In the event that legal entities, individual entrepreneurs, on their own initiative, do not provide information and documents necessary to include an object in the state register, to update accounting information about the object and exclude information about the object from the state register and are at the disposal of federal executive authorities, state authorities of subjects of the Russian Federation, local governments and organizations subordinate to state bodies or local governments, a territorial body of the Federal Service for Supervision in the Sphere of Natural Resources Management, an executive body of a constituent entity of the Russian Federation independently request such information and documents using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction.
2.8. It is forbidden to demand from a legal entity, an individual entrepreneur, when updating accounting information about an object or deleting an object from the state register:
.
2.9. Upon receipt of the information necessary for updating accounting information in electronic form using the FSIS "Unified Portal of State and Municipal Services (Functions)" through the "Personal Account" located at https://lk.fsrpn.ru, or the Nature User Module published on the official website of Rosprirodnadzor on the Internet, a certificate of updating accounting information about the NVOS object is generated and sent to a legal entity or individual entrepreneur in electronic form.
2.10. Upon receipt of the information necessary to update the accounting information, by mail with a description of the attachment and a receipt receipt, a certificate of updating the accounting information about the NVOS object is sent to a legal entity or individual entrepreneur by mail with a description of the attachment and a receipt receipt.
2.11. In the event of a corresponding request from a legal entity or an individual entrepreneur that has submitted information and documents on the need to update the accounting information about the NVOS object, to provide a certificate of updating the accounting information about the NVOS object by mail, the authorized body sends the requested certificate to the legal entity or individual entrepreneur free of charge by mail with a description of the attachment and a notification of receipt.
Appendix 2
(the form)
CERTIFICATE
on updating accounting information about an object that has a negative impact on the environment
Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection" issued |
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and confirms the updating of information about the facility in operation that has a negative impact on the environment, |
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object location | |||||||||||||||||||||||||
(object code* is indicated in accordance with approved) |
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criteria approved) |
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included in | state register of objects providing |
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negative impact on the environment. |
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List of updated information about the object that has a negative impact on the environment: |
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(all updated information about the object is indicated in accordance with, as well as about changing the category in accordance with the criteria approved by Decree of the Government of the Russian Federation of September 28, 2015 N 1029 and / or the level of state environmental supervision in accordance with the criteria approved by the Decree of the Government of the Russian Federation of 28.08.2015 N 903) |
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Grounds for updating information about an object that has a negative impact on |
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environment: | |||||||||||||||||||||||||
(information on the details of the application of a legal entity, an individual entrepreneur on the need to update information about an operating facility that has a negative impact on the environment, in accordance with paragraphs 6 and 8 of Article 69.2 of the Federal Law of 10.01.2002 N 7-FZ "On Environmental Protection" ) |
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________________
* The object code does not change during updating in accordance with paragraph 2 of the Procedure for generating codes for objects that have a negative impact on the environment and assigning them to the relevant objects, approved by order of the Ministry of Natural Resources of Russia dated December 23, 2015 N 553).
Annex 3
1. In accordance with paragraph 11 of Article 69.2 of Law N 7-FZ, deregistration of NVOS objects is carried out at the place of their registration in connection with the submission by legal entities or individual entrepreneurs of information about the termination of activities at an object that has a negative impact on the environment .
2. The document confirming the termination of activities at the NVOS facility is an act on its conservation or liquidation (paragraph 12 of Article 69.2 of Law No. 7-FZ).
3. A copy of the act on conservation, liquidation of the object, a legal entity, an individual entrepreneur sends to the territorial body of Rosprirodnadzor or the executive authority of the constituent entity of the Russian Federation at the place of registration of the object of NVOS.
4. The territorial body of Rosprirodnadzor, the executive authority of the constituent entity of the Russian Federation, according to their competence, exclude the NVOS object from the federal or regional register within 10 working days from the date of receipt of documents confirming the termination of activities at the NVOS object, and issue a certificate of removal to the legal entity or individual entrepreneur object of NVOS from state accounting (clause 13 of article 69.2 of Law N 7-FZ, clause 34 of the Rules).
5. In the event that legal entities, individual entrepreneurs, on their own initiative, fail to provide information and documents necessary to exclude information about an object from the state register and are at the disposal of federal executive authorities, government authorities of the constituent entities of the Russian Federation, local governments and subordinate government bodies or local self-government bodies of organizations, a territorial body of the Federal Service for Supervision of Natural Resources, an executive authority of a constituent entity of the Russian Federation independently request such information and documents using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it.
6. It is forbidden to demand from a legal entity, an individual entrepreneur when removing an object from the state register:
a) submission of information and documents not provided for by regulatory legal acts regulating relations arising in connection with state registration, updating accounting information about an object, deleting an object from state registration;
b) submission of information and documents that, in accordance with the regulatory legal acts of the Russian Federation, the regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts, are at the disposal of state bodies providing public services, other state bodies, local governments and (or) subordinate to state bodies and bodies of local self-government of organizations participating in the provision of state or municipal services, with the exception of the documents specified in Part 6 of Article 7 of the Federal Law "On the organization of the provision of state and municipal services".
7. Upon receipt of information and documents on the need to remove the NVOS object from state accounting in electronic form using the tools of the FSIS "Unified Portal of State and Municipal Services (Functions)" through the "Personal Account" located at https://lk.fsrpn. ru or the Nature User Module published on the official website of Rosprirodnadzor on the Internet, a certificate of removal of the NVOS object from the state register is formed and sent to a legal entity or individual entrepreneur in electronic form.
8. Upon receipt of information and documents on the need to remove the NVOS object from the state register by mail with a list of attachments and a receipt receipt, a certificate of deletion of the NVOS object from the state register is sent to a legal entity or individual entrepreneur by mail with a list of attachments and a receipt receipt.
9. In the event of a corresponding request from a legal entity or an individual entrepreneur that has submitted documents on the need to remove the object of the NVOS from the state register, to provide a certificate of removal of the object of the NVOS from the state register by mail, the authorized body sends the requested certificate to the legal entity or individual entrepreneur free of charge by mail with a description of the attachment and a notification of receipt.
Appendix 4
(the form)
CERTIFICATE
on deregistration of an object that has a negative impact on the environment
This certificate in accordance with the provisions of the Federal Law of 01.10.2002 N 7-FZ "On Environmental Protection" issued |
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(name of the legal entity/last name, first name, patronymic (if any) for an individual entrepreneur, indicated in full) |
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and confirms the deregistration of an object that has a negative impact on the environment, |
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(name of the object that has a negative impact on the environment) |
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object location | ||||||||||||||||||||||||
(location address, area code in accordance with the all-Russian classifier of territories of municipalities, coordinates of the corner points of the object) |
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code of the object that has a negative impact on the environment, |
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(the object code is indicated in accordance with the Procedure for the formation of codes for objects that have a negative impact on the environment and their assignment to the corresponding objects, approved by order of the Ministry of Natural Resources of Russia dated December 23, 2015 N 553) |
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(the category is assigned in accordance with the criteria approved by the Decree of the Government of the Russian Federation of September 28, 2015 N 1029) |
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included in the federal state register of objects that have a negative impact on the environment, |
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in connection with the termination of activities at the facility that has a negative impact on |
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environment by: | ||||||||||||||||||||||||
(conservation or liquidation of an object that has a negative impact on the environment) |
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Grounds for deregistration of an object that has a negative impact |
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on the environment: | ||||||||||||||||||||||||
(information about the details of the application of a legal entity, an individual entrepreneur on the termination of activities at an object that has a negative impact on the environment, and the details of the act on the conservation or liquidation of an object that has a negative impact on the environment, in accordance with paragraphs 11 and 12 of Article 69.2 of the Federal Law dated 10.01.2002 N 7-FZ "On environmental protection") |
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The certificate is used in all cases provided for by law and is subject to replacement in case of changes in the information given in it, as well as in case of damage, loss. |
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(position, electronic signature, full name of the responsible person of the territorial body of the Federal Service for Supervision in the Sphere of Natural Resources) |
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Electronic text of the document
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It would seem that the bulk of users of natural resources were registered as objects of negative environmental impact (ONVOS) back in December 2016, at the beginning of 2017. But, based on the comments, I understand that the registration of objects that have a negative impact (NVOS objects) is a problem for some enterprises is still relevant.
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Enterprises registered as NVOS objects of the 4th category, as well as non-category ones, have practically gone out of sight oversight bodies. Carrying out scheduled inspections in relation to them is impossible! In relation to this category of enterprises, only unscheduled inspections are possible.
An object that has a negative impact on the environment, - an object of capital construction and (or) another object, as well as their totality, united by a single purpose and (or) inextricably linked physically or technologically and located within one or more land plots;
Article 1 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
Those. it turns out that each individual industrial site of the enterprise is an object of negative environmental impact (ONVOS).
The criteria for classifying objects that have a negative impact on the environment as objects of categories 1, 2, 3, 4 were approved by Decree of the Government of the Russian Federation of September 28, 2018 No. 1029.
The assignment of an object that has a negative impact on the environment of the corresponding category is carried out when it is put on the state register of objects that have a negative impact on the environment. can be changed when updating accounting information about an object that has a negative impact on the environment.
Paragraph 4 of Article 4.2. Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
State registration of objects that have a negative impact on the environment is carried out in the form of maintaining a state register of objects that have a negative impact on the environment, which is, the creation and operation of which are carried out in accordance with this Federal Law, the legislation of the Russian Federation on information, information technologies and on the protection of information and other regulatory legal acts.
Clause 3 of Article 69 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
Objects that have a negative impact on the environment are subject to
for state registration legal entities and individual entrepreneurs engaged in economic and (or) other activities at the said facilities, in the federal executive body authorized by the Government of the Russian Federation or the executive body of the subject of the Russian Federation in accordance with their competence.Clause 1 of Article 69.2 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
Application form for state registration containing information for entering into the state register of objects that have a negative impact on the environment, including in the form of electronic documents signed with an enhanced qualified electronic signature, is approved by the authorized Government of the Russian Federation federal body executive power.
Clause 3 of Article 69.2 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
The application form was approved by the order of the Ministry of Natural Resources of Russia dated December 23, 2015 No. 554.
Thus, legal entities and individual entrepreneurs engaged in economic and (or) other activities were required to put on state records the objects of ONVOS belonging to them before 01.01.2017.
State registration of objects that have a negative impact on the environment is carried out on the basis of an application for state registration, which is submitted by legal entities or individual entrepreneurs no later than within six months from the date of commencement of operation of these objects.
Clause 2 of Article 69.2 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
An article was written in detail on the criteria for registering objects that have a negative impact.
Above it is written in some detail who should register, in what terms they should register ... And now about the registration of objects that have a negative impact (NVOS objects) - in your own words:
Regarding the timing of registration as an object of NVOS:
Information about objects that have a negative impact on the environment is subject to updating in connection with the submission by legal entities and individual entrepreneurs of information:
- on the replacement of a legal entity or an individual entrepreneur engaged in economic and (or) other activities at an object that has a negative impact on the environment, the reorganization of a legal entity in the form of transformation, a change in its name, address (location), as well as a change in surname , name, patronymic (if any), place of residence of an individual entrepreneur, details of a document proving his identity;
- about changing the location of an object that has a negative impact on the environment;
- on changes in the characteristics of technological processes of the main industries, sources of environmental pollution;
- on changing the characteristics of technical means for the neutralization of emissions, discharges of pollutants, technologies for the use, neutralization and disposal of production and consumption waste.Clause 6 of Article 69.2 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"
In your own words, you must update the information about the NVOS object in the following cases:
Otherwise, you may be brought under Article 8.46 of the Code of Administrative Offenses of the Russian Federation.
If changes have occurred at your NVOS facility: the object is mothballed, the object does not have the environmental impact declared in the application for registration (for example: the boiler house, welding station was dismantled ... or another source of pollutant emissions into the WUA, for which you were registered as an NVOS object), then you need exclude the specified object from the register of ONVOS.
This must be done in without fail, otherwise, if your object belongs to the 1-3 category of ONVOS, the specified object may be included in the register of scheduled inspections.
Clause 33 of the Rules for the creation and maintenance of the state register of objects providing NVOS, approved. Decree of the Government of the Russian Federation of June 23, 2016 No. 572, the exclusion of an object from the state register is possible if a copy of the act on conservation and liquidation of the object is provided (upon termination of activity).
When registering, the enterprise must provide reliable information in the application about the object that has a negative impact on the environment. Otherwise, if found, it will be an administrative offense.
In accordance with paragraph 1 of Article 69 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”, state registration of objects that have a negative impact on the environment, carried out in order to obtain reliable information about objects that have a negative impact on the environment, determining the areas of application of the best available technologies, the application of program-target methods of planning, as well as for the purpose of planning the implementation of state environmental supervision.
According to paragraph 2 of Article 69.2 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”, state registration of objects that have a negative impact on the environment is carried out on the basis of an application for state registration, which is submitted by legal entities or individual entrepreneurs not later than within six months from the date of commencement of operation of the said facilities.According to paragraph 4 of Article 69 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”, the state register of objects that have a negative impact on the environment includes, in particular, the name, organizational and legal
the form and address (location) of a legal entity carrying out economic and (or) other activities at an object that has a negative impact on the environment, information about the actual location and category of the object that has a negative impact on the environment.
The application for registration contains the following information:
a) name, legal form and address (location) of a legal entity or last name, first name, patronymic (if any), place of residence, date of state registration of an individual entrepreneur carrying out economic and (or) other activities at the facility, indicating the identification number of the taxpayer of the legal entity, individual entrepreneur and the code of the reason for registration in tax authorities legal entity, individual entrepreneur;
b) information about the actual location of the object, including its name (address or place of registration of the mobile source moving the object) with the code for All-Russian classifier territories municipalities by the location of the object and by category of the object;
in) information on the type of economic and (or) other activity, on the volume of products (goods) produced, on the work performed, on the services provided , including species codes economic activity legal entities, individual entrepreneurs operating at the facility, according to the All-Russian Classifier of Economic Activities;
G) information on the presence of the conclusion of the state environmental expertise and (or) the conclusion of the state expertise project documentation during their implementation and in cases stipulated by the legislation of the Russian Federation on environmental expertise, legislation on urban planning;
e) information on stationary sources of emissions of pollutants into the atmospheric air indicating their geographical coordinates;
e) information on the level and (or) volume or mass of pollutant emissions for each stationary source of emissions of pollutants into the atmospheric air;
and) information on sources of pollutant discharges into surface and underground water bodies (sewage discharge sites) indicating their geographical coordinates;
h) information on the level and (or) volume or mass of pollutant discharges in relation to each source of discharges of pollutants into surface and underground water bodies;
and) information on the volume or mass of disposed production and consumption waste , including for each type and class of waste hazard;m) information about the program of industrial environmental control ;
m) information about measures to reduce the negative impact on the environment ;P) information on measures to reduce the negative impact on the environment.
Clause 5 of Decree of the Government of the Russian Federation of June 23, 2016 N 572 "On approval of the Rules for the creation and maintenance of the state register of objects that have a negative impact on the environment"
Thus, if you provided false data on the points listed above in the application for registration, then this is an administrative offense.
If an application with false data was submitted more than a year ago, then the statute of limitations for the specified violation has expired. This means that there will be no fine, but an order to eliminate violations must be issued to you!
Code of Administrative Offenses of the Russian Federation Article 8.46. Failure to fulfill or untimely fulfillment of the obligation to file an application for state registration of objects that have a negative impact on the environment, to provide information for updating accounting information
Failure to fulfill or untimely fulfillment of the obligation to file an application for state registration of objects that have a negative impact on the environment, to provide information for updating accounting information -
entails imposition of an administrative fine on officials in the amount of five thousand up to twenty thousand rubles; for legal entities - from thirty thousand up to one hundred thousand rubles.
Note . For an administrative offense provided for by this article, a person engaged in entrepreneurial activities without forming a legal entity shall bear administrative responsibility as a legal entity.
As you can see, this article can only be applied for the fact that the application for registration was not submitted at all or was submitted out of time, for untimely updating of information in the application or for non-updating.
Again, if the offense was committed more than a year ago, then - due to the expiration of the statute of limitations, you no longer have the right to be held administratively liable for these offenses.
If you provided false information in the application, then this is the composition of Article 8.5. Code of Administrative Offenses of the Russian Federation:
Code of Administrative Offenses of the Russian Federation Article 8.5. Hiding or misrepresenting environmental information
Concealment, deliberate distortion or untimely communication of complete and reliable information contained in the application for state registration of objects that have a negative impact on the environment by persons obliged to report such information,
shall entail the imposition of an administrative fine on citizens in the amount of five hundred to one thousand roubles; for officials - from three thousand up to six thousand rubles; for legal entities - from twenty thousand up to eighty thousand rubles.
