Features of the provision of services for the removal of solid household waste (+ a template for an agreement on the provision of services for the removal of household waste with an acceptance certificate and an invoice).

Every responsible citizen has long been aware of the great concern of the world community regarding ecology, the environment and waste management.

Garbage and household waste has always been and will be a big problem for humanity. Each of us is a producer of household waste, because it is our daily activities that lead to the formation of waste.

Taking this into account, the legislation of Ukraine pays great attention to the regulation of waste management issues. The norms and standards governing the handling of household waste are enshrined in the laws of Ukraine "On Housing and Communal Services", "On Waste" and "On Local Self-Government in Ukraine".

According to Art. 1 of the Law of Ukraine "On Waste", waste should be considered any substances, materials and objects generated in the process of production or consumption, as well as goods (products) that have completely or partially lost their consumer properties and do not have further use at the place of their formation or discovered and which their owner disposes of, intends or must dispose of, dispose of or dispose of.

The concept of waste management covers actions to prevent the generation of waste, their collection, transportation, sorting, storage, processing, processing, disposal, removal, neutralization and disposal, including control over these operations and supervision of disposal sites (paragraph 5 of article 1 of the Law of Ukraine " about waste).

In everyday life, each of us is faced with household waste, i.e. generated in the process of human life and activity in residential and non-residential buildings, and are not used at the place of their accumulation (paragraph 23, article 1 of the Law of Ukraine “On Waste”).

They can be hard, liquid, large-sized or repair.

Municipal solid waste includes the remains of substances, materials, objects, products, goods, products that cannot be further used for their intended purpose (paragraph 24, article 1 of the Law of Ukraine “On Waste”).

This includes garbage, food waste, objects and products made of wood, metal, leather, glass, plastic, textiles and other materials that have become obsolete or have lost their consumer properties, as well as paper, cardboard, various containers (wooden, glass), metal etc.

Liquid waste is household waste that is generated in the house in the absence of centralized water supply and sewerage and stored in cesspools (paragraph 25, article 1 of the Law of Ukraine “On Waste”).

This can be household - household (from washing, washing, etc.) and sewage (with the exception of industrial) in the absence of a centralized drainage system.

If we are talking about bulky waste, then they are part of municipal solid waste, but their dimensions exceed 50x50x50 cm. These wastes are not placed in ordinary standard containers, but are collected in separate designated areas. These include old furniture, household appliances, mattresses, etc.

Repair waste is also included in the MSW and can include old doors, windows, pipes, plumbing, etc. dismantled as a result of apartment renovation.

Today we will pay attention to the legislative regulation of the procedure for the removal of municipal solid waste, because we encounter them most often and this issue concerns each of us.

Each of us is a producer and owner of household waste, and each of us is a consumer of the service for the removal of solid waste from the territory of his residence (apartment, private house, estate) or the territory of commercial activity (enterprises, institutions, organizations).

According to paragraph 1 of Section 5 of Article 25 of the Law of Ukraine "On Housing and Communal Services" "Consumers are required to conclude an agreement on the treatment of household waste with a person specified in the manner prescribed by law."

Who can be a consumer under this agreement?

In this case, consumers of the service for the removal of solid waste can be any individuals, legal entities, individual entrepreneurs (hereinafter referred to as sole proprietors), enterprises of state and municipal property of all types, whose activities lead to the generation of waste.

But arbitrarily a person cannot conclude an agreement on the export of solid waste with any supplier of this service at will, because the legislation of Ukraine clearly regulates this process.

The local self-government body, on a competitive basis, in the manner established by the Cabinet of Ministers of Ukraine, determines the provider of services for the transportation of household waste from a certain territory of the settlement. It is with the winner of the competition that consumers can conclude an agreement. This competition and its results are open and you can find information about the winner on your local government website.

A certain list of qualification requirements is put forward to the participants of the competition. The winner of such a competition, as a rule, will be a company that has a sufficient amount of modern equipment, special vehicles, experienced drivers, a low cost of the service and is able to provide the service in the specified territory.

Who can be the executor under this agreement?

The executors of services for the removal of solid waste can be legal and physical 

real persons-entrepreneurs registered in the manner prescribed by law for this type of activity.

If this activity is carried out by an individual entrepreneur, then he must be registered as a single tax payer in the second group and the corresponding KVED 38.11 (collection of non-hazardous waste) must be registered.

Legal entities and individual entrepreneurs are not required to have a license for the export of solid waste. However, when we talk about the future fate of the waste removed from our place of residence, namely, their processing and disposal, then for these types of activities a mandatory licensing norm has been established (clauses 31, 32, article 7 of the Law of Ukraine “On licensing types of economic activities").

Service providers for the removal of household waste are required to conclude agreements on the provision of services for the processing and disposal of household waste with business entities providing such services (paragraph 4 of Article 35/1 of the Law of Ukraine "On Waste"). Information on concluded contracts for the processing and / or disposal of household waste should be indicated when concluding contracts between the contractor and consumers of the solid waste removal service.

Formation of tariffs and terms of payment under the contract.

Formation of tariffs for services is carried out in accordance with the terms of the contract and tariffs formed in accordance with the Resolution of the Cabinet of Ministers of Ukraine dated July 26, 2006 No. 1010 "On Approval of the Procedure for Forming Tariffs for Services in the Treatment of Household Waste".

It is also interesting to note that the legislator directly indicates the payment term for services under these contracts, namely in Art. 9 of the Resolution of the Cabinet of Ministers of Ukraine “On approval of the Rules for the provision of services for the treatment of household waste” dated December 10, 2008 No. 1070, it is indicated that payment for services is made no later than the 20th day of the month following the billing period. Therefore, when concluding a contract, attention should be paid to this and an appropriate period should be set.

As for legal entities - consumers of this service, it should be noted that in accordance with Article 17 of the Law of Ukraine "On Waste", institutions and enterprises whose activities lead exclusively to the generation of waste with an indicator of 50 to 1000 are required to submit a waste declaration annually.  

There is an indicator of total waste generation, it is calculated using a special formula. The declaration is submitted annually by February 20 for the previous year. To date, each consumer can obtain information and submit the specified declaration using the Action web portal online.

Summing up, it should be indicated that each individual, legal entity or sole proprietorship that is a producer of household waste is required to conclude an agreement on their export with a person who is the winner of the competition of the local government to carry out this activity.

The legislation directly provides that each owner of household waste is actually obliged to ensure their storage and removal.

If you live in an apartment building, then an authorized representative of the house or a representative of condominiums concludes an agreement on the removal of solid waste, and you only need to pay for the services on receipts. Owners of private houses and estates need to apply to local authorities and conclude an appropriate agreement with the winner of the competition.

If you are a legal entity or an individual entrepreneur, and your commercial (or other) activity generates household waste, you are also obliged to conclude contracts for their export.

At present, the state has in every possible way regulated the process of handling household waste, because the environmental situation in the country and the world is one of the pressing issues and requires constant attention.

You can download the template of the agreement on the removal of household waste and the act of acceptance of the transfer to it from the link. Or use the extended functionality of the system in terms of maintaining a register of counterparties, generate an agreement, act, invoice filled with data, and also sign it with a qualified digital signature.