Liability for the violation of the rules for waste treatment is planned to become more stringent

The Ministry of Natural Resources and Environment of the Russian Federation has prepared a draft law “On amending the Russian Code of Administrative Offences” which proposes to supplement articles 8.2, 8.4 and 8.6 with new articles and to introduce new heads of administrative offences (articles 8.2.1, 8.2.2, 8.2.3, 8.5.1 and 8.41.1) in the field of treating production and consumption waste.

The draft law will undergo public consultation until 1 August^[1].

The new version amends and supplements article 8.2 of the Code of Administrative Offences (the “Code”)

The current version of article 8.2 of the Code contains one ‘general’ head and stipulates liability for the failure to comply with any environmental and sanitary and epidemiological requirements when production and consumption waste, substances that damage the ozone layer, or any other hazardous substances are collected, accumulated, used, neutralised, transported, placed or otherwise treated^[2].

The draft law proposes that this article be reconstituted in new wording containing 11 parts. The new version of this provision stipulates liability only for breaching environmental requirements when production and consumption waste is treated. The violation of sanitary and epidemiological requirements is singled out as a separate head (article 6.34), as is the violation of the requirements for the treatment of other hazardous substances (articles 8.2.1, 8.2.2 and 8.2.3).

The new version of article 8.2 provides for separate heads of offences according to the types of waste treatment and for the failure to comply with certain requirements for waste treatment.

The draft law proposes that the range of the requirements of environmental legislation which, if breached, give rise to the application of article 8.2 of the Code be distinctly limited. It suggests that 11 particular heads be introduced instead of a single general one which was to ‘fit all purposes’. No doubt such an approach will result in greater clarity in practice.

An increased fine for breaching the legislation regarding an environmental expert review (article 8.4 of the Code)

A fine for a legal entity's officers from RUB 10,000 to RUB 20,000 and for legal entities from RUB 100,000 to RUB 250,000 is proposed to be introduced for non-compliance with the requirements for an environmental expert review and the implementation of a project without a positive report from an environmental expert review.

A fine of RUB 10,000 to RUB 20,000 for a legal entity's officers and from RUB 100,000 to RUB 250,000 for legal entities is to be introduced for carrying out operations that do not correspond to documentation but which received a positive report from an environmental expert review.

New heads of liability to supplement article 8.6 and Chapter 8 of the Code

It is proposed to introduce liability for the violation of the requirements in the field of treatment of production and consumption waste, as envisaged by Federal Law No. 219-FZ dated 21 July 2014 (regarding the responsibility of a producer/importer to dispose of produced/imported goods or to pay environmental duty), as well as the requirements for monitoring the status and impact of a facility where waste is placed, for the remediation and conservation of waste, and the violation of the ban on using solid municipal waste in the course of remediation.

What to think about and what to do

We recommend that you acquaint yourself with the provisions of the draft law and, if you have any suggestions on how to improve it, send those suggestions to the legislature via regulation.gov.ru.

In our opinion, the likelihood that the draft law will be enacted is extremely high, since it is envisaged by the Plan of measures to enhance control and supervision and permission functions and optimisation of public services in the management of natural resources and protection of the environment, including in the field of the treatment of production and consumption waste^[3]. This measure is also included in List No. Pr-179 of orders of the Russian President regarding animal waste dated 1 February 2017.

Help from your adviser

We will track the ‘destiny’ of the draft law and will promptly advise you of any changes.

Pepeliaev Group’s experts are ready to counsel you on the application of the intended new developments, and on potential risks. We will provide you with assistance in drafting proposals and comments to improve the draft law.