Unofficial translation
In accordance with subparagraph 1 of Article 335 of the Environmental Code of the Republic of Kazakhstan, I hereby ORDER to:
1. Approve the attached Rules for development of waste management program.
2. The Department of State Policy in Waste Management of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan, in accordance with the procedure established by law, shall:
1) provide the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan;
2) place this order on the Internet resource of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan after its official publication;
3) within ten working days after the state registration of this order with the Ministry of Justice of the Republic of Kazakhstan, report to the Legal Service Department of the Ministry of Ecology, Geology and Natural Resources of the Republic of Kazakhstan on the execution of the actions referred to in subparagraphs 1) and 2) of this paragraph.
3. Invalidate order № 146 of the Minister of Energy of the Republic of Kazakhstan dated November 25, 2014 "On approval of the Rules for the development of waste management program" (registered in the Register of State Registration of Regulatory Legal Acts under No. 10031).
4. The supervising vice minister of ecology, geology and natural resources of the Republic of Kazakhstan shall be in charge of enforcement of this order.
5. This Order shall take effect ten calendar days after the date of its first official publication.
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Acting Minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan |
A. Primkulov |
| Approved by order No. 318 of acting minister of Ecology, Geology and Natural Resources of the Republic of Kazakhstan dated August 9, 2021 |
Rules
for development of waste management program Chapter 1. General Provisions
1. These Rules for development of waste management program (hereinafter referred to as the Rules) have been developed in accordance with paragraph 1 of Article 335 of the Environmental Code of the Republic of Kazakhstan (hereinafter referred to as the Code) in order to ensure a unified approach to development of waste management program (hereinafter referred to as the Program).
2. These Rules use concepts with the meanings defined in the Code, as well as the following concepts:
1) planning period - the period for which the Program is developed for not more than 10 years;
2) priority types of waste - types of waste, the prevention of generation and increase in the share of recovery of which within the planning period will be more effective in terms of reducing the anthropogenic load on the environment.
Chapter 2. Procedure for development of waste management program
3. Operators of category I and (or) II facilities, as well as persons engaged in sorting, processing operations, including neutralization, recovery and (or) disposal of waste, shall develop the Program in accordance with the requirements of Article 335 of the Code and these Rules.
4. The program for category I facilities shall be developed by a person who has a license to perform the work and provide services in the environmental protection area.
5. The program for category I facilities shall be developed with regard to the need to use the best available technologies in accordance with the conclusions on the best available technologies developed and approved in accordance with Article 113 of the Code.
6. The Program shall be developed in accordance with the hierarchy principle and contain data on the volume and composition of the waste generated and (or) received from third parties, methods of their accumulation, collection, transportation, neutralization, recovery and disposal, as well as a description of the proposed measures to reduce waste generation, increase the share of their reuse, recycling and disposal.
7. The Program shall be developed for a planning period, depending on the validity term of the environmental permit, but for a term not exceeding ten years.
8. Programs developed by operators of categories I and II facilities, and also by persons engaged in sorting, processing operations, including neutralization, recovery and (or) disposal of waste, before these Rules take effect, shall be reviewed until a new environmental permit is obtained in accordance with Article 106 of the Code.
9. When developing the program, operators of categories I and II facilities, as well as persons engaged in sorting, processing operations, including neutralization, recovery and (or) disposal of waste, shall include the following sections in the program:
1) "Introduction" - containing the rationale for the need of the program, the duration of its validity and introductory information;
2) "Analysis of the current state of waste management" - containing:
assessment of the current state of waste management with a description (characterization) of all types of waste generated at the facility and (or) received from third parties, as well as accumulated waste and waste subjected to disposal, including information on the volume and composition, average generation rate (t / year), classification, methods of accumulation, collection, transportation, neutralization, recovery and disposal of waste;
quantitative and qualitative indicators of the current situation with waste in dynamics over the past three years;
analysis of waste management in dynamics over the past three years, the main problems, trends and prerequisites based on a preliminary analysis of strengths, weaknesses, opportunities and hazards in waste management area;
identification of priority types of waste for the development of measures to reduce waste generation, increase the share of their recovery, based on analysis of the type of hazard and the amount of waste, as well as economic aspects and availability of specialized waste management facilities.
3) "Goal, tasks and target indicators" - containing:
the goal of the program, which is to achieve the established indicators aimed at gradually reducing the volume and (or) the level of hazardous properties of generated and accumulated waste, as well as waste subjected to disposal, increasing the share of waste recovery and landfill reclamation;
tasks of the program, which determine the ways to achieve the set goal by the most effective and economically sound methods;
target indicators of the Program, which are presented in the form of quantitative (expressed in numerical form) or qualitative values (changes in hazardous properties; change in the type of waste; aggregation state, etc.). Target indicators shall be calculated by the developer independently, taking into account production factors, regional characteristics, environmental efficacy, technical and economic feasibility.
This section must indicate the baseline values of indicators that characterize the current state of waste management. The baseline indicators are defined as an average over the last three years. In the program at the object for new facilities, the baseline indicators shall be determined according to the project documentation.
4) “Main directions, ways to achieve the set goal and appropriate measures” must contain ways to achieve the goal and address the challenges, as well as a set of measures to achieve the established targets in full and on time. Ways to achieve and a set of measures may include organizational, scientific, technical, technological, as well as economic measures aimed to improve the waste management system.
In this section of the Program at enterprises, operators of categories I and II facilities shall substantiate waste accumulation limits and waste disposal limits in accordance with paragraph 5 of Article 41 of the Code and the methodology for calculating waste accumulation limits and waste disposal limits approved by the authorized environmental protection body.
5) "Necessary resources" must contain the need for resources for the implementation of the Program (financial and economic, material and technical, labor) and their financing sources;
6) "Action plan for the Program" is an integral part of the Program and shall contain a set of actions / activities aimed at the full achievement of the goals and objectives of the Program, indicating the performance indicators for the activities (expected activities), with the defined deadlines, executors, desired outcome, necessary Program costs and funding sources.
This section shall include organizational, economic, scientific, technical and other measures, resulting in a reduction in the growth of generated waste, a gradual reduction in accumulated waste and a decrease in the negative impact of waste on the environment and human health. The developer shall provide a rationale for the achievement of the planned goals and objectives.
10. The Program shall be approved by the head of the legal entity in whose ownership or other legal use the object of the Program is located.