Exclusion of waste management services from the payment for the maintenance of residential premises

Natalya Orlova City May 21, 2021

At first, it seemed that nothing had happened that deserved more brief information in the media, almost an announcement: they say that from May the line “contribution for major repairs” has been moved from a pink or separate receipt to the payment for electricity from Petroelectrosbyt. However, this circumstance, as they say, caused a great public outcry. Citizens who called the editorial office asked two standard questions: do they have to pay and does someone want to deceive the population?

DRAWING by Alexey YORSH

Yes - it is necessary! No - he doesn’t want to!

The story is old. In the 90s of the last century, several subsidiaries were born in the bowels of RAO UES, one of which was JSC Petroelectrosbyt. Citizens immediately suspected that the new structure was an intermediary profiting from the resale of electricity. However, she was not one. Her business consisted of calculating payments for electricity and accepting them from the population - billing services. Calling it an intermediary is the same as calling a cash register at a store that way.

Why did the invoice for major repairs increase in receipts?

By the time the PES was created, a state computer center was already operating in the city, which calculated and printed receipts for payment of all other (except for the supply of electricity) housing and communal services. Now it is called the VTsKP.

PES differed from the settlement center in that it almost immediately began to create its own network of payment acceptance points, while the computer center collaborated with Sberbank and the post office, and then with other banks. Neither one nor the other then took interest from citizens. Although, of course, they cannot be called charitable organizations. The fee for their services was included in the tariff. In addition, the budget fueled the computer center. At some point, the city decided to shake off this burden. And the payment for the services of the VTsKP was assigned to those companies for which he collected money from the population - payment for those very billing services. Four percent of the total amount of money received.

The two structures were constantly butting heads. PES tried to pull the blanket over itself, get an order from the city for billing, expanding its business. He justified his claims by the fact that the network of payment points he created worked more efficiently than banks. But the VTsKP maintained its position. After all, it was he who accumulated all the information about payments, debts and debtors that the city needed to understand the situation in the housing and communal services sector. At the All-Russian Central Communist Party, in particular, a department was created that provided low-income citizens with budget subsidies for rent.

With all this, the VTsKP had an agreement with the PES that the network of payment acceptance points accepts pink receipts.

...And now the situation has changed radically. A federal law has been passed on the mandatory privatization of state-owned enterprises if they have a private competitor. And in February 2021, the State Unitary Enterprise "VTsKP" became JSC "VTsKP" (although for now it is 100% owned by the city). And therefore, government agencies in need of billing services were required to select the company providing them through a competition. The overhaul fund, it must be said, did not immediately comply with the requirements of the law. I slowed down for a couple of months. For which I received a reprimand from the prosecutor's office.

But now the competition has been held. Petroelectrosbyt and VTsKP participated in it on equal terms. Petroelectrosbyt received the order.

It should be noted that for the VTsKP as a business structure, this loss cannot be called fatal. The center still remains the largest enterprise. About two-thirds of the city receives pink tickets. The overwhelming number of management organizations have contracts with him. And also Vodokanal and all heating companies. So he has enough work and money. Although... no one ever has enough money.

Be that as it may, this story and this relationship, as they say, are between us – businessmen. The population has absolutely nothing to do with it: no one has changed the tariffs. Payment terms - interest is almost never charged - remain the same.

Among those payers who make payments through their personal accounts on the websites of billing companies, they did not even notice the castling. But in other segments of the population, panic is a reality. It is unclear why she stood up.

Now both Petroelectrosbyt and the Overhaul Fund are dealing with panic. Both organizations are forced to expand their staff in public relations services. The phones, as they say, are hot. By the way, here they are: Petroelectrosbyt - 679-22-22 (or email), Overhaul Fund - 703-57-30.

This is the general state of affairs. There are several other details that worry citizens.

First: what to do now with the registration of the subsidy? The answer is simple: the system has not changed and will not change. You still need to provide the MFC with a whole package of documents, including paid receipts. After all, debtors are not entitled to a subsidy. And what difference does it make for low-income citizens: to bring a separate piece of paper from the fund to the MFC or a general piece of paper from Petroelectrosbyt?

Second: what should those who are used to paying for electricity in advance do by calculating the approximate consumption? Even simpler: when paying at a collection point, fill in the receipt for handwritten data only those lines that relate to electricity. Skip payments to the fund. You will pay for major repairs monthly, as you are used to. And in general, at the collection points you can deposit any amount: pay at once, in installments, in advance, slowly pay off the debt if it is large... By the way, contributions for major repairs can also be paid in advance. This is even easier to do than for electricity: after all, the size of the monthly payment is stable, and calculating it will not require much time or mathematical knowledge.

Third: if a citizen, confused by the novelty, does not pay the combined bill, will he be charged a penalty? Taking into account the mood of the townspeople, the PES decided not to do this in May. But it would be good to pay the April receipts on time.

As for the loser of the VTsKP competition, he now has his own life and his own tasks. The center is switching to a new form of pink receipts. In general, the appearance of the account remains the same: a self-mailer (a piece of paper folded into an envelope), which is a sheet of A4 paper. The side containing the actual payment amounts remains unchanged. On the other, the payer's name and address have been moved from top to bottom, so that no one else can see whose receipt it is. These are the requirements of federal legislation on the protection of personal data.

Already in April, residents of Pushkinsky, Kolpinsky, Petrodvortsovy and Kurortny districts received updated bills. In May - all others except Vyborg and Primorsky, and from June all clients of the VTsKP will receive them.

#invoice #payments #receipt

The material was published in the newspaper “St. Petersburg Vedomosti” No. 90 (6928) dated May 21, 2021 under the heading “Electrified!”

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Handling MSW in receipts for housing and communal services

“What is MSW?” - a constant question from owners who are faced with a new column in the receipt.

The definition of MSW looks simple: “municipal solid waste.” This concept was first introduced in Federal Law No. 89. It was with him that all the changes began, which later received a special name - “garbage reform”.

Changing the procedure for handling MSW

Many people began to worry about the question of MSW: “what is this in housing and communal services”? These are waste management activities. But now the order is changing somewhat, responsibilities are being redistributed, and a regional operator is appearing.

When and why a new line appeared in utility receipts

The abbreviation arose after the introduction of a new law, which was adopted due to the general unfavorable environmental situation. Most of the country is occupied by landfills; garbage is stored for a long time, polluting the environment.

Now, with the entry into force of Federal Law No. 89, waste must be disposed of and recycled. According to him:

The local management company must select an operator who will collect, sort, remove, and dispose of solid waste.
The designated operator sets the tariff for the service. Its size is adjusted and controlled by government agencies.
Residents of apartments, private houses located in villages or private suburban cooperatives are required to enter into an agreement with the operator.

New changes affected residents. Now the fee will be charged every month, depending on the area of the premises and the number of people living. But first things first.

What does “solid waste management” stand for in receipts, what does it mean?

Solid waste is so called because it has a hard texture.

This may include:

household waste,
plastic,
paper,
glass,
metal.

Municipal waste is waste that is generated in the course of a person’s everyday life. For example, someone threw away a TV or old shoes. This includes waste that is generated as a result of the work of a legal entity or individual entrepreneur: any office waste, except industrial waste.

MSW management means collection at special sites, sorting, removal, disposal or recycling. Proper waste disposal is necessary, since in one day a person is guaranteed to collect a certain amount of garbage that needs to be destroyed somehow.

What is included in the service

The contract specifies all the clauses that the parties undertake to fulfill. For example, a local operator must accept MSW, transport, process and dispose of it in accordance with the laws of the Russian Federation.

In which receipts can you find the column “handling of commodities”

It turns out that before the new Federal Law was issued, the line for garbage removal was part of another payment - for the maintenance of residential premises.

Now there are changes:

if the management company works with an operator, then the removal fee is fixed in a separate payment receipt;
if the housing company independently carries out the removal, the amount is credited to the personal account and recorded in the regular receipt for housing and communal services.

Moreover, the fee differs for residents of private and apartment buildings.

Residents of apartment buildings

Residents of apartment buildings receive a separate payment receipt, which specifies the handling of solid waste. This happens if the management company makes the accruals on its own. In other cases, the fee may be specified in contributions for major repairs, gas supply or electricity.

Residents of private houses

For private country houses, the amount is indicated on the receipt in the “Other services” section.

It turns out that residents always paid for garbage removal, it was just not included as a separate payment.

Who owns waste collection sites? Who is responsible for monitoring them? Usually this is the property of a management company, homeowners association or housing department, since they are located on municipal lands. The owner is obliged to replace and repair tanks and keep the site clean. This is stated in the same Government Resolution.

What to do if there are no trash cans in a suburban cooperative? The absence of tanks is a violation of sanitary and hygienic standards. It is necessary to write a complaint addressed to the head of the settlement or country cooperative, and send a request to the SanEpidem Station.

Who provides

This is legally assigned to the regional operator. Its responsibilities are established by Federal Law and regulated by regional supervisory authorities.

Responsibilities of the regional operator

The responsibilities of the regional operator are established by legislative and regulatory documents. These include:

Concluding an agreement for the provision of services with residents of houses. The regional operator undertakes to do this within a month after the entry into force of the order of appointment to the position.
Notify residents about the need to conclude an agreement, send out standard agreements to their addresses.
Collect solid municipal waste. Since 2021, territorial placement schemes have been in effect, where all sites for storage, burial, and disposal are assigned. All actions of the regional operator are carried out in accordance with them.
Carry out transportation. The operator undertakes to purchase high-quality equipment. The requirements for it are described in the regulatory documentation. It must be equipped with a satellite navigation system.
Process, dispose of, and disinfect waste in a timely manner. At each stage of treatment, the operator is responsible and undertakes to comply with established norms and rules. Processing methods are established by Government Decree No. 1156 of November 12, 2016.
Comply with established standards and rules when working with hazardous waste.
Implement modern waste sorting complexes at local technical sites.
Application of new technologies for the elimination of unauthorized garbage dumps. There is now a system of fines for owners of lands on which they were discovered.

The question remains - how to sign an agreement with the operator? The specifics of concluding an agreement are enshrined in law by Government Resolution No. 1156. Within 30 days from the date of appointment of the regional operator to the position, he is obliged to send notifications to residents who will need to prepare a package of documents.

It includes:

property registration certificate,
a copy of the house register indicating the number of registered citizens,
technical passport with a note on the total living area.

The operator must check the documents within 15 working days and prepare an agreement.

The procedure for charging fees for handling municipal solid waste

The application fee depends on the area of the residential premises, the number of people living, as well as the tariff established by the regional operator.
Formula:
A*(B/C)*D, where:
A – the total number of people officially registered in this area;
B – annual rate of accumulation of MSW;
C – number of months in a year – 12;
D – tariff for the provision of services, in accordance with the existing Government Resolution.
Below are examples of calculations.

Example for an apartment in an apartment building

Let's consider an example for three people living in an apartment building.

The calculation is made according to the formula indicated above:

A – the number of people registered at this address is 3;
B – annual accumulation rate equal to 2 cubic meters per person;
C – number of months in a year equal to 12;
D – cost of the service at a tariff of 500 rubles.

Thus, we get: 3*(2/12)*500 = 250 rubles. This is the amount that will be credited monthly to the subscriber’s personal account.

This example examines the dependence of fees on the number of people living.
But there is another case - dependence on the area of the room:
A*(B/C)*D, where:
A – total living area of the premises according to the passport;
B – annual rate of accumulation of MSW;
C – number of months in a year – 12;
D – tariff for the provision of services, in accordance with the existing Government Resolution.

Example for a private household

The cost for a private house is calculated depending on its area. Formula:
A*(B/C)*D, where:
A – total living area of the premises according to the passport;
B – annual rate of accumulation of MSW;
C – number of months in a year – 12;
D – tariff for the provision of services, in accordance with the existing Government Resolution.
Example:

A – the living area of the premises is 100 square meters;
B – annual accumulation rate, equal to 0.069 cubic meters per person;
C – number of months equal to 12;
D – tariff for the service, equal, according to the documentation, to 500 rubles.

On calculating the amount of reduction in fees for the maintenance of residential premises

The “garbage” reform continues to raise questions among housing and communal services organizations. In this regard, the Ministry of Construction of the Russian Federation published a letter in which it explained how to calculate the amount of reduction in fees for the maintenance of residential premises after the start of charging for the utility service for the management of solid waste.

Rules for establishing the amount of payment for the maintenance of residential premises

Fee for handling municipal solid waste

The fee for handling MSW is included in the payment for utility services (Part 4 of Article 154 of the Housing Code of the Russian Federation). The obligation to pay a fee for the management of solid municipal waste occurs if

an agreement has been concluded between the executive authority of a constituent entity of the Russian Federation and the regional operator for the management of solid waste,
The region has approved a unified tariff for the service of MSW management.

This obligation cannot occur later than January 1, 2021 (Part 8 of Article 23 No. 458-FZ).

Reducing the amount of payment for the maintenance of residential premises

When the service fee for handling solid waste is included in the payment for utilities, it is excluded from the payment for the maintenance of residential premises (Part 8.1, Article 23 No. 458-FZ). This happens from the month in which the regenerator begins to provide MSW management services.

If the regional operator began providing MSW management services on January 1, 2021, the fee for maintaining residential premises will decrease from the same date. The change in the fee must be reflected in payment documents for January 2021.

The amount of payment for the maintenance of residential premises is reduced, but approval of this does not require a decision of the general meeting of owners of premises in the apartment building.

The management organization or HOA, depending on the method of management in the building, must count 10 days before the start of the provision of services for the management of solid waste and, no later than this period, notify the owners of the premises about the change in the amount of payment for the maintenance of the residential premises. You must be prepared to provide supporting documents at the request of the owners, including those justifying the calculation of the amount of the fee.

How to justify the size of the reduction in the payment for the maintenance of residential premises? The Ministry of Construction of the Russian Federation says that these may be

relevant decision of the OCC;
decision of the governing bodies of the HOA, residential complex.

In some cases, a reduction in the amount of payment for the maintenance of residential premises occurs by decision of the local government.

We are talking about the amount of payment for residential premises for tenants of residential premises under social tenancy agreements and rental agreements for residential premises of the state or municipal housing stock, for owners of residential premises who have not chosen a management method (Part 3 of Article 156 of the Housing Code of the Russian Federation).

Who is responsible for the removal of bulky and construction waste?

Calculation of the amount of reduction in fees for the maintenance of residential premises

The Ministry of Construction of the Russian Federation recommends calculating the amount of the reduction based on actual data on the expenses of the management organization or HOA for services for handling solid waste for each house in 2021. This applies to the case when the decision to establish the amount of payment for the maintenance of residential premises does not contain data on its amount as part of the costs of MSW services.

Local government bodies, within the limits of their powers, can determine the recommended amount of expenses for MSW services for exclusion from the fee for the maintenance of residential premises. To do this, the actual average value of such expenses in the territory of the municipality is calculated per 1 m2 of the total area of the premises in the apartment building.

The basis is information from organizations that remove MSW on the actual cost of MSW removal services for 2021 or data on the actual costs of MSW removal services in 2021 from management organizations or HOAs.

Who buys and repairs containers for MSW - legal requirements

What to consider when calculating the amount of reduction in the payment for the maintenance of residential premises

When calculating the amount of reduction in fees for the maintenance of residential premises, the Ministry of Construction of the Russian Federation recommends taking into account the following scenarios:

1. Several organizations provide services for the removal of solid waste to a person managing apartment buildings.

The calculation is made separately for all apartment buildings served under each contract for the provision of MSW removal services. This takes into account the total area of all premises.

2. The area of premises in apartment buildings managed by the person in respect of whom the calculation is being made changed during the year.

To calculate, you need to know the arithmetic average of the area indicated at the time of the report of the management organization or HOA for 2017 and the area as of the date the regional operator began providing MSW services.

If you haven’t received the receipts, can you not pay?

If the house you live in is included in the program and you are the owner of the apartment, you will still have to pay .

However, if the delay in payment of contributions was not due to your fault (delay in delivery of receipts due to the fault of the regional operator or an organization authorized by it), then they have no right to charge you a penalty.

How do I know if my home is included in the renovation program? To do this, you can also use the website Reform Housing and Communal Services.Ru, specially created by the Government of the Russian Federation in order to inform the population about issues related to the housing and communal services sector.

Go to the “Major Repairs” section, then to “Regional Capital Repair Programs”, indicate your subject of the federation and find the address of your home.

Here you will find all the information about the planned activities for the major renovation of the building in which your apartment is located.

“Management of solid waste” in a receipt: what is it? You don’t have to pay for MSW

As of January 1, 2021, garbage collection became a separately paid utility service .

In Art. 154 of the Housing Code of the Russian Federation states that payments for utility services include, among other things, “management of municipal solid waste” (MSW) - there is now a new column in the receipt for housing and communal services or electricity.

The procedure for handling municipal solid waste (MSW) has also changed. The new rules are enshrined in the amendments to Law No. 89-FZ “On Production and Consumption Waste” (https://www.consultant.ru/document/cons_doc_LAW_19109/) - in the Law of December 31, 2017 N 503-FZ “On Amendments to Federal Law “On Production and Consumption Waste” and certain legislative acts of the Russian Federation” - No. 503-FZ.

Changes:

Local authorities select a single operator for waste removal.
Waste collection sites are under the jurisdiction of regional authorities.
The export tariff is set by the operator (but under the control of government agencies).
Not only residents of apartment buildings, but also owners of non-residential premises and country houses and cooperatives are required to conclude contracts and pay for removal.

What does the new TKO column mean in the receipt?

Previously, the fee for garbage removal was part of the fee for maintaining a residential premises . Now the housing service has turned into a utility service, and a new line has appeared in the payment receipt: “handling of solid waste.” For residents of apartment buildings, receipts are standard, if the management company has entered into an agreement with the settlement center to charge for all services.

If the management company independently calculates charges for housing and communal services, and the settlement center handles charges for garbage removal, in this case residents receive a separate receipt for garbage from the center.

For those who live in private houses, a line about the management of solid waste is included in the payment for other services.

On the receipt, in the column “volume of consumption” for this service, the volume for which the fee is charged each month is indicated.

New tariffs from January 1, 2019

The cost of the service for the collection and removal of garbage is set by the regional government based on the tariffs for the volume of accumulation of solid municipal waste , living space and the number of residents in the apartment.
For apartment residents, the calculation formula is as follows:
X * (Y/Z)*W, where

X is the number of people who permanently or temporarily live in the apartment;
Y is the rate of accumulation of MSW per year;
Z - 12 months;
W is the cost of the service.

Example for an apartment

A family lives in the apartment: husband, wife and child.

The tariff price for garbage removal is 720.3 rubles/cubic meter. m.
The annual rate of accumulation of MSW, which was approved by the regional authorities, is 1.9 cubic meters. m/person
Number of people in the apartment - 3.

We calculate the service fee: 720.3 x (1.9 /12) x 3 = 342.142

RUR 342,142 — this is what a family pays monthly to have their garbage removed.

If regional authorities have decided that the price of the service will depend on the total square footage of the residential premises, the formula for calculation is as follows:

X * (Y/Z)*W, where

X is the total area of the living space;
Y is the rate of accumulation of MSW per year;
Z - 12 months;
W is the cost of the service.

As a rule, residents of private houses calculate prices for garbage removal using this formula.

Example for a private house

A family of four lives in a country house.

The tariff price for garbage removal is 590.7 rubles/cubic meter;
The annual rate of accumulation of MSW, which was approved by the regional authorities, is 0.069 cubic meters. m;
The area of the house is 124 sq. m. m.

590.70 x (0.069/12) x 124 = 421.169 rub.

RUR 421,169 — you have to pay for garbage every month.

On the websites of departments you can find calculators to calculate the cost of the service. There is a similar calculator on the portal of the Committee on Prices and Tariffs of the Moscow Region.

What are the responsibilities of a regional operator?

A regional operator is a company that is responsible for the entire process of municipal waste management. Since 2019, only regional operators .

They undergo a competitive selection, and if they win the competition, they become responsible for the entire “garbage process” in the territory under their jurisdiction. The competition is held by regional authorities .

The company cannot simply collect and take away MSW; their responsibilities include processing (waste sorting), neutralization, disposal and burial. In addition, the operator sets a tariff for garbage collection . Prices should be controlled by government agencies.

The operator is monitored through the GPS/Glonass system and they see where he is taking out the garbage. If he goes to an unauthorized place, he will be removed from the regional operator and fined several tens of millions.

of apartment buildings and country houses must necessarily enter into an agreement with the regional operator . If the owner does not want to enter into an agreement, he will still pay for the service for handling solid waste. This is stated in the federal law of June 24, 1998 No. 89-FZ “On production and consumption waste.”

How can I determine the amount of my debt?

If the property owner’s home is included in the renovation program, it is recommended that questions regarding payment be clarified with the regional operator. Where can I get contact information for this organization? Here are some ways:

ask your neighbors for a similar bill and find information;
check with your management company;
find your operator’s website on the Internet;
take a look at Reform Housing and Communal Services.Ru.

And after going through a simple registration procedure that won’t take much time, you can find out the amount of your debt on the operator’s website.

The MSW management service is transferred from housing to municipal

The rules for the provision of public services for the management of municipal solid waste, the procedure for concluding contracts for its provision and the procedure for settlements, as well as the exclusion of the collection and removal of solid household waste from the maintenance of common property in an apartment building have been approved. The corresponding Government Resolution No. 232 of February 27, 2021 was initiated by the Russian Ministry of Construction.

According to the document, a separate chapter is introduced into the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, dedicated to the relationship between consumers, management organizations and the regional operator for the management of solid waste. At the same time, services for the collection and removal of solid municipal waste are excluded from the work on maintaining common property in an apartment building and, accordingly, from the payment for housing, - commented the Minister of Construction and Housing and Communal Services of the Russian Federation Mikhail Men.

Thus, in the event of a consumer’s temporary absence from a residential premises (more than 5 full calendar days in a row), the fee for the service for handling solid waste is recalculated in the general manner.

The minister explained that the document also defines the procedure for calculating the amount of payment for the service for handling municipal solid waste.

By default, it will be calculated based on the number of citizens living in the residential premises and the standards for the accumulation of municipal solid waste.

At the same time, regional authorities may decide to pay for utilities based on the total area of the living space.

In the case of separate accumulation and collection of sorted waste, as well as if this is specified in the agreement concluded with the regional operator for the provision of services for the management of MSW, the amount of the fee can be determined based on the actual number of containers with sorted and unsorted waste, which will reduce the overall amount fees for the service provided.
Deputy head of the department Andrei Chibis added that the adoption of the Resolution introduces quality parameters for the management of solid municipal waste, for non-compliance with which the regional operator is responsible, and also noted that when calculating the marginal index that limits the size of municipal services, the treatment of municipal solid waste will now also be taken into account waste.
The changes approved by the resolution will be applied from the day the regional operator begins its activities for the management of municipal solid waste.