What types of waste are municipal solid waste (MSW). What is municipal solid waste and how to handle it What is MSW services
In accordance with the Federal Law "On Production and Consumption Waste", the Government Russian Federation decides:
1. Approve the attached Rules for the treatment of municipal solid waste.
2. Approve the attached form of a standard contract for the provision of services for the treatment of municipal solid waste.
3. Subparagraph "d" of paragraph 1 of Decree of the Government of the Russian Federation of August 25, 2008 No. 641 "On equipping vehicles, technical means and systems with GLONASS or GLONASS / GPS satellite navigation equipment" (Collected Legislation of the Russian Federation, 2008, No. 35, Art. .4037) add the words "transportation of municipal solid waste".
Rules
solid municipal waste management
I. General provisions
1. These Rules establish the procedure for the collection, transportation, processing, disposal, neutralization and disposal of municipal solid waste, as well as the grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of municipal solid waste (hereinafter referred to as the regional operator).
2. The following concepts are used in these Rules:
"bunker" - a garbage collector intended for storage of bulky waste;
"removal of municipal solid waste" - transportation of solid municipal waste from the places of their accumulation and collection to facilities used for processing, recycling, neutralization, burial of solid municipal waste;
"container" - a garbage collector intended for storage of municipal solid waste, with the exception of bulky waste;
"container site" - a place of accumulation of municipal solid waste, equipped in accordance with the requirements of the legislation of the Russian Federation in the field of protection environment and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population and intended for the placement of containers and bunkers;
"bulky waste" - municipal solid waste (furniture, Appliances, waste from current repair residential premises, etc.), the size of which does not allow their storage in containers;
"garbage truck" - a vehicle of category N used for the transport of municipal solid waste;
"consumer" - the owner of municipal solid waste or a person authorized by him, who has entered into or is obliged to conclude an agreement with the regional operator for the provision of services for the treatment of municipal solid waste.
3. Collection, transportation, processing, disposal, neutralization, burial of municipal solid waste are carried out taking into account the environmental legislation of the Russian Federation and the legislation of the Russian Federation in the field of ensuring the sanitary and epidemiological welfare of the population.
The collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste must be safe for the population and the environment.
4. Handling of municipal solid waste on the territory of a constituent entity of the Russian Federation is provided by regional operators in accordance with the regional program in the field of waste management, including municipal solid waste, and the territorial waste management scheme (hereinafter referred to as the waste management scheme) on the basis of contracts for the provision of services for the treatment of municipal solid waste concluded with consumers.
The regional operator carries out the collection, transportation, processing, disposal, neutralization, disposal of municipal solid waste independently or with the involvement of municipal solid waste management operators.
5. An agreement for the provision of services for the treatment of municipal solid waste is concluded between the consumer and the regional operator, in whose area of activity solid municipal waste is generated and there are places for their collection and accumulation, in accordance with the form of a standard agreement for the provision of services for the treatment of municipal solid waste , approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641".
6. The regional operator, within a month from the date of granting him the status of a regional operator, is obliged to send to all consumers at the address apartment building or a residential building, the address indicated in the Unified State Register of Legal Entities or in the Unified State Register of Individual Entrepreneurs, a proposal to conclude an agreement for the provision of services for the treatment of municipal solid waste and a draft of such an agreement.
7. If before the start date of waste management specified in the agreement concluded by the body executive power subject of the Russian Federation and the regional operator (hereinafter - the agreement) in accordance with the Federal Law "On production and consumption waste", the regional operator has not concluded contracts for the provision of services for the treatment of solid municipal waste with consumers, the municipal service for the treatment of solid municipal waste is provided by a regional operator in accordance with the terms of the agreement.
8. The contract for the provision of services for the treatment of municipal solid waste is concluded for a period not exceeding the period for which the legal entity has been assigned the status of a regional operator.
II. The procedure for the collection and transportation of municipal solid waste
9. Consumers shall store solid municipal waste at the places of collection and accumulation of solid municipal waste, determined by the contract for the provision of services for the treatment of municipal solid waste, in accordance with the waste management scheme.
If the waste management scheme does not contain information about the places of collection and accumulation of solid municipal waste, the regional operator sends information about the identified places of collection and accumulation of solid municipal waste to the executive authority of the constituent entity of the Russian Federation that approved the waste management scheme for inclusion in it information about the places of collection and accumulation of municipal solid waste.
10. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places of collection and accumulation of solid municipal waste, the storage of solid municipal waste is carried out by consumers in the following ways:
a) in containers located in waste collection chambers (if there is an appropriate in-house engineering system);
b) in containers, bunkers located on container sites;
c) in packages or other containers provided by the regional operator.
11. In accordance with the contract for the provision of services for the treatment of solid municipal waste in places of collection and accumulation of solid municipal waste, storage of bulky waste is carried out by consumers in the following ways:
a) in bunkers located on container sites;
b) on special sites for storage of bulky waste.
12. The removal of bulky waste is provided in accordance with the legislation of the Russian Federation by the regional operator, including at the request of consumers, or independently by consumers by delivering bulky waste to the site for their storage.
The locations of such sites are determined in accordance with the waste management schemes and are indicated in the contract for the provision of municipal solid waste management services.
13. The regional operator is responsible for the handling of solid municipal waste from the moment such waste is loaded into a garbage truck at the places of collection and accumulation of solid municipal waste. At the same time, the burden of maintaining container sites, special sites for storing bulky waste and the territory adjacent to the place of loading of municipal solid waste located on adjoining territory, which is part of the common property of the owners of premises in an apartment building, is borne by the owners of premises in an apartment building.
14. The person responsible for the maintenance of container sites, special sites for the storage of bulky waste in accordance with the contract for the provision of services for the treatment of municipal solid waste, is obliged to ensure that such sites post information about the serviced consumer facilities and the owner of the sites.
It is forbidden to store burning, incandescent or hot waste, bulky waste, snow and ice in containers, lighting And electric lamps containing mercury, batteries and accumulators, medical waste, as well as other waste that can harm the life and health of persons loading (unloading) containers, damage containers, garbage trucks or disrupt the operation of facilities for the processing, neutralization, disposal of municipal solid waste .
Hazardous substances classified as dangerous goods in accordance with the European Agreement on the International Carriage of Dangerous Goods by Road are prohibited for transportation under these Rules. The regional operator is prohibited from collecting and transporting the specified hazardous substances (cargo) as part of or under the guise of municipal solid waste.
15. Consumers are prohibited from storing solid municipal waste in places of collection and accumulation of solid municipal waste that are not specified in the contract for the provision of services for the treatment of municipal solid waste.
Consumers are prohibited from storing municipal solid waste outside of containers or in containers not intended for such types of waste, except in cases established by
16. In the event that a regional operator finds a place for storage of municipal solid waste, the volume of which exceeds 1 cu. meter, on a land plot not intended for these purposes and not specified in the agreement (hereinafter referred to as the place of unauthorized disposal of municipal solid waste), the regional operator is obliged within 5 working days:
a) notify in any way that allows obtaining confirmation of the delivery of such a notification, the owner of the land plot, the local government body and the body exercising state environmental supervision, of the discovery of a place of unauthorized disposal of municipal solid waste;
b) notify the owner of the land plot in any way that allows obtaining confirmation of the delivery of such a notice about the need to eliminate the place of unauthorized placement of solid municipal waste within 30 days after receiving the notification and send him a draft contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste.
17. If the owner of the land plot, within 30 days from the date of receipt of the notification of the regional operator, did not ensure the liquidation of the place of unauthorized placement of solid municipal waste independently and did not conclude an agreement with the regional operator for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste, the regional operator within 30 days after the notification is sent to the owner of the land plot, the place of unauthorized disposal of municipal solid waste shall be liquidated. In this case, the regional operator has the right to apply to the court with a claim to recover the costs incurred.
18. The owner of the land plot is obliged to independently ensure the liquidation of the place of unauthorized placement of solid municipal waste or conclude a contract for the provision of services to eliminate the identified place of unauthorized placement of solid municipal waste with a regional operator.
19. In cases established by the legislation of the subject of the Russian Federation, consumers are obliged to separate municipal solid waste by type of waste and store sorted municipal solid waste in separate containers for the corresponding types of municipal solid waste.
The implementation of such separation of municipal solid waste does not entail the need for the consumer to obtain a license for the collection, transportation, processing, disposal, neutralization, disposal of waste of I - IV hazard classes.
20. The collection of electronic equipment waste is carried out in accordance with the procedure for the collection of municipal solid waste (including their separate collection), approved by the state authority of the constituent entity of the Russian Federation.
21. It is forbidden to organize waste collection sites from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, at container sites and special sites for storing bulky waste without the written consent of the regional operator.
22. Collection of waste from the use of consumer goods and packaging that have lost their consumer properties, which are part of municipal solid waste, can be carried out by organizing stationary and mobile waste collection points, including through automatic waste collection devices.
23. In order to ensure the collection and transportation of solid municipal waste, the regional operator has the right to engage operators for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste, on the basis of an agreement for the provision of services for the collection and transportation of solid municipal waste at a price determined by parties to such an agreement, except for cases when prices for services for the collection and transportation of municipal solid waste for a regional operator are formed based on the results of bidding.
24. Under a contract for the provision of services for the collection and transportation of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste, undertakes to collect and transport municipal solid waste, and the regional operator undertakes to pay for such services.
25. The essential terms of the contract for the provision of services for the collection and transportation of municipal solid waste are:
a) the subject matter of the contract;
b) the planned volume and (or) mass of transported municipal solid waste, the composition of such waste;
c) the frequency and time of removal of municipal solid waste;
d) places of acceptance and transfer of municipal solid waste, the route in accordance with the waste management scheme;
e) the maximum allowable value of compaction of solid municipal waste;
f) a method of commercial accounting of the amount of solid municipal waste;
g) the terms and procedure for payment for services under the contract;
h) the rights and obligations of the parties under the contract;
i) the procedure for the regional operator to control the activities of the operator for the treatment of solid municipal waste, carrying out activities for the collection and transportation of solid municipal waste;
j) liability of the parties.
26. The operator for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste, must own garbage trucks that meet the general technical requirements and safety requirements established by the legislation of the Russian Federation on technical regulation.
27. Transportation of municipal solid waste using garbage trucks not equipped with satellite navigation equipment is allowed until January 1, 2018.
28. The operator for the treatment of solid municipal waste, which collects and transports solid municipal waste, is not entitled to transfer solid municipal waste to persons not specified in the contract for the provision of services for the collection and transportation of solid municipal waste.
29. When transporting solid municipal waste, it is prohibited to compact it in excess of the maximum allowable compaction value established by the contract for the provision of services for the collection and transportation of solid municipal waste.
30. For each garbage truck, a route log must be kept in the form approved by the authorized executive body of the subject of the Russian Federation, which indicates information about the movement of the garbage truck and the loading (unloading) of municipal solid waste. Such a log can be kept in in electronic format. The operator for the treatment of municipal solid waste, which transports solid municipal waste, is obliged, within one working day, to provide the regional operator, the executive authorities of the constituent entity of the Russian Federation, and local governments, upon their request, with a copy of the route log, and also to ensure that these persons have access to information, transmitted using satellite navigation equipment in the manner prescribed by the contract for the provision of services for the collection and transportation of municipal solid waste.
III. The procedure for the processing, disposal, neutralization and disposal of solid municipal waste
31. When choosing technologies for the treatment of municipal solid waste, technologies for automated sorting of municipal solid waste are given priority.
32. When choosing technologies for processing, recycling, neutralizing municipal solid waste, priority is given to technologies that provide the final product that is available for use in other technological processes as a feedstock or additive to the main raw material.
33. When processing municipal solid waste, it is necessary to ensure the extraction of waste of I and II hazard classes in order to prevent their entry into solid municipal waste disposal sites.
34. In order to ensure the processing, neutralization, disposal of solid municipal waste, operators for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste in the area of activity of the regional operator, specified in the selection documentation during the competitive selection of the regional operator, enter into contracts with a regional operator for the provision of services for the processing, neutralization, disposal of municipal solid waste.
35. Under a contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste, undertakes to process, neutralize, and bury solid municipal waste, and the regional operator undertakes to transfer solid municipal waste to such an operator and pay for the services of processing, neutralization, disposal of solid municipal waste at regulated rates.
36. The essential terms of the contract for the provision of services for the processing, neutralization, disposal of municipal solid waste are:
a) the subject matter of the contract;
b) requirements for the composition of municipal solid waste transferred to the operator for the treatment of municipal solid waste, the method of storing municipal solid waste;
c) the planned mass of municipal solid waste sent to the facility used for processing, neutralization, burial;
d) place of acceptance (transfer) of municipal solid waste;
e) a method of commercial accounting of the amount of solid municipal waste;
f) the terms and procedure for payment for services under the contract;
g) the rights and obligations of the parties under the contract;
h) the procedure for the regional operator to exercise control over the activities of the operator for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste;
i) liability of the parties.
37. The settlement period under the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste is one calendar month.
38. The regional operator pays for the services of operators for the treatment of solid municipal waste, carrying out activities for the processing, neutralization, disposal of solid municipal waste, unless otherwise provided by the contract for the provision of services for the processing, neutralization, burial of solid municipal waste in the following order:
a) 35 percent of the cost of services for the processing, neutralization, disposal of solid municipal waste in the month for which payment is made, is paid before the 18th day of the current month, 50 percent of the cost of these services in the month for which payment is made, is paid before the end of the current month ;
b) payment for services actually provided in the past month for the processing, neutralization, disposal of solid municipal waste, taking into account the funds previously paid by the consumer as payment for such services provided in the billing period, is carried out before the 10th day of the month following the month, for which payment is made. If the volume of actually rendered services for the processing, neutralization, disposal of solid municipal waste for the past month is less than the volume specified in the contract for the provision of services for the processing, neutralization, disposal of solid municipal waste, the overpaid amount is offset against the upcoming payment for the next month.
39. In order to ensure the disposal of solid municipal waste, consumers have the right to conclude contracts for the provision of services for the disposal of solid municipal waste with a regional operator, an individual entrepreneur and (or) a legal entity engaged in the disposal of solid municipal waste, in accordance with the civil legislation of the Russian Federation.
IV. Grounds on which a legal entity may be deprived of the status of a regional operator
40. A legal entity may be deprived of the status of a regional operator on the following grounds:
a) during the calendar year, due to the fault of the regional operator, there were repeated (2 times or more) violations of these Rules, and (or) the terms of contracts for the provision of services for the treatment of solid municipal waste, and (or) the terms of the agreement in relation to the volume (mass ) solid municipal waste generated in the area of activity of the regional operator, confirmed by acts of violation by the regional operator of obligations under the contract, drawn up in the manner prescribed by the form of a standard contract for the provision of services for the treatment of solid municipal waste, approved by the Decree of the Government of the Russian Federation of November 12, 2016 No. 1156 "On the management of municipal solid waste and amendments to the Decree of the Government of the Russian Federation of August 25, 2008 No. 641";
b) during the calendar year, the regional operator committed multiple (2 times or more) violations of these Rules and (or) the terms of the agreement, resulting in harm to the life and (or) health of citizens;
c) the debt of the regional operator to pay for the services of the operator for the treatment of solid municipal waste exceeds the twelfth part of the necessary gross revenue of the regional operator, determined by the executive authority of the constituent entity of the Russian Federation, carrying out state regulation tariffs in the field of solid municipal waste management;
d) violation of the scheme of flows of solid municipal waste from the sources of their formation to the facilities used for processing, disposal, neutralization, disposal of waste, fixed by the waste management scheme.
41. A legal entity deprived of the status of a regional operator is obliged:
a) perform the duties of a regional operator until the day determined by the agreement concluded by the state authority of the constituent entity of the Russian Federation with the new regional operator based on the results of the competitive selection;
b) within 10 working days from the date of determining a new regional operator, transfer to him all the information and documents necessary for organizing activities for the management of municipal solid waste, including a register of agreements and copies of concluded agreements in the field of waste management.
Model contract form
for the provision of services for the treatment of municipal solid waste
(approved by Decree of the Government of the Russian Federation of November 12, 2016 No. 1156)
STANDARD AGREEMENT
for the provision of referral services
with municipal solid waste
___________________________ "____" ___________ 20__
(place of conclusion of the contract)
(name of company)
hereinafter referred to as the regional operator, represented by ________________,
________________________________________________________________________
(position title, last name, first name, patronymic of an individual)
indicate what you want)
on the one hand, and ____________________________________________________,
(name of organization, surname, first name,
middle name of an individual)
hereinafter referred to as the consumer, represented by ____________________________
(Full Name,
_______________________________________________________________________,
passport data - in case of conclusion of an agreement by an individual,
job title, last name, first name, patronymic - in case
conclusion of an agreement by a legal entity)
acting on the basis _____________________________________________,
(regulation, charter, power of attorney -
indicate what you want)
on the other hand, hereinafter referred to as the parties, have concluded this
agreement on the following:
I. Subject of the contract
1. Under a contract for the provision of services for the treatment of solid utilities
waste, the regional operator undertakes to accept solid communal
waste in the volume and location specified in this agreement, and
ensure their collection, transportation, processing, neutralization,
burial in accordance with the legislation of the Russian Federation, and
the consumer undertakes to pay for the services of the regional operator at the price,
determined within the limits approved in in due course unified
tariff for the service of a regional operator.
2. The volume of municipal solid waste, places of collection and accumulation
municipal solid waste, including bulky waste, and
the frequency of removal of municipal solid waste, as well as information in
graphical view of the placement of places for the collection and accumulation of solid
municipal waste and access roads to them (with the exception of residential
houses) are determined in accordance with the appendix to this agreement.
3. Method of storage of municipal solid waste -
________________________________________________________________________,
(garbage chutes and waste collection chambers, into containers, bunkers,
located on container yards, in bags or other containers
(specify which ones), provided by the regional operator, -
indicate what you want)
including bulky waste -
(into bunkers located on container yards, on
special storage areas for bulky waste -
indicate what you want)
4. Date of commencement of the provision of services for the treatment of solid communal
waste "____" ____________ 20__
II. Terms and procedure for payment under the contract
5. The billing period under this agreement means one
calendar month. Payment for services under this agreement is carried out according to
price, determined within the limits approved in the prescribed manner
unified tariff for the service of a regional operator: _____________________.
(the amount of payment is indicated
regional operator)
6. Consumer (except for consumers in apartment buildings
And residential buildings) pays for the handling of solid utilities
waste in the following order:
35 percent of the cost of services for the treatment of solid utilities
waste in the month for which payment is made, paid before the 18th
date of the current month, 50 percent of the cost of the specified services in the month,
for which payment is made, is paid before the end of the current month;
payment for services actually rendered in the past month
management of municipal solid waste, taking into account the funds previously
paid by the consumer as payment for such services rendered in
billing period, is carried out before the 10th day of the month following the
month for which payment is made. In case the volume
actually rendered services for the treatment of solid communal
waste for the past month is less than the amount determined by this
contract, the overpaid amount is credited against the future
payment for the next month.
A consumer in an apartment building or apartment building pays
public service for the provision of services for the treatment of solid
municipal waste in accordance with housing legislation
Russian Federation.
7. Reconciliation of settlements under this agreement is carried out between
regional operator and consumer at least once a year
initiative of one of the parties by drawing up and signing by the parties
the relevant act.
The party initiating the reconciliation of settlements draws up and
sends to the other party the signed act of reconciliation of settlements in 2
copies by any available means (postal item, telegram,
fax message, telephone message, information and telecommunications network
"Internet"), allowing you to confirm receipt of such notification
addressee. The other party is obliged to sign the act of reconciliation of settlements in
within 3 working days from the date of receipt or submit
reasoned refusal to sign it with the direction of his version
act of reconciliation of accounts.
If you do not receive a response within 10 working days from the date of
sending to the party the act of reconciliation of settlements, the sent act is considered
agreed and signed by both parties.
III. The burden of maintaining container sites, special
sites for storage of bulky waste and territories,
adjacent to the place of loading of municipal solid waste
8. Regional operator for handling solid utilities
waste is responsible for the management of municipal solid waste with
the moment of loading such waste into a garbage truck at the places of collection and accumulation
solid municipal waste.
storage of bulky waste and the territory adjacent to the site
loading of municipal solid waste located on the adjacent
territory that is part of the common property of the owners of premises in
apartment buildings,
_______________________________________________________________________.
(owners of premises in an apartment building, a person
attracted by owners of premises in an apartment building
under contracts for the provision of services for the maintenance of common property
in such a house, another person specified in the agreement -
indicate what you want)
for storage of bulky waste and the territory adjacent to
the place of loading of municipal solid waste that is not part of the general
property of owners of premises in apartment buildings, bears
_______________________________________________________________________.
(owner of the land on which such
site and territory, another person specified in the agreement -
indicate what you want)
IV. Rights and obligations of the parties
11. The regional operator is obliged:
a) accept municipal solid waste in the volume and place,
which are defined in the appendix to this agreement;
b) ensure the collection, transportation, processing, neutralization,
disposal of accepted municipal solid waste in accordance with
the legislation of the Russian Federation;
c) provide the consumer with information in accordance with
disclosure standards in the field of handling solid
municipal waste in the manner prescribed by law
Russian Federation;
d) respond to complaints and appeals of consumers on issues,
related to the performance of this agreement, during the period,
established by the legislation of the Russian Federation for consideration
appeals of citizens;
e) accept necessary measures for timely replacement of damaged
containers owned or otherwise owned by him
legally, in the manner and within the time limits established
legislation of the subject of the Russian Federation.
12. The regional operator has the right:
a) exercise control over accounting for the volume and (or) mass of the accepted
solid municipal waste;
13. The consumer is obliged:
a) to store municipal solid waste in places
collection and accumulation of municipal solid waste, specified by the contract
for the provision of services for the treatment of municipal solid waste, in
in accordance with the territorial waste management scheme;
b) provide accounting for the volume and (or) mass of solid communal
waste in accordance with the Rules for the commercial accounting of volume and (or)
masses of municipal solid waste, approved by the resolution
approval of the Rules for commercial accounting of the volume and (or) mass of solid
municipal waste";
c) make payment under this agreement in the manner, amount and
the terms specified in this agreement;
d) ensure the storage of municipal solid waste in
containers or other places in accordance with the annex to this
contract;
e) prevent damage to containers, burning solid
municipal waste in containers, as well as at container sites,
warehousing in containers of prohibited waste and items;
f) appoint a person responsible for interaction with the regional
operator on the execution of this agreement;
g) notify the regional operator in any way possible
(postal item, telegram, fax message, telephone message,
information and telecommunications network "Internet"), allowing
confirm its receipt by the addressee, about the transfer of rights to objects
consumer, specified in this agreement, to the new owner.
14. The consumer has the right:
a) receive from the regional operator information about the change
established tariffs in the field of handling solid communal
waste;
b) initiate a reconciliation of settlements under this agreement.
V. Volume accounting procedure
and (or) masses of solid municipal waste
15. The parties agreed to record the volume and (or) mass
municipal solid waste in accordance with the Rules of commercial
accounting for the volume and (or) mass of municipal solid waste, approved
505 "On approval of the Rules for the commercial accounting of volume and (or) mass
municipal solid waste" in the following way:
_______________________________________________________________________.
(calculated based on the norms for the accumulation of solid
municipal waste, quantity and volume of containers for
storage of municipal solid waste or based on
masses of municipal solid waste - specify as necessary)
VI. The procedure for fixing violations under the contract
16. In case of violation by the regional operator of obligations under
hereof the consumer with the participation of a representative of the regional
operator draws up an act of violation by the regional operator
obligations under the contract and hands it over to the representative of the regional
operator. If the representative of the regional operator does not appear, the consumer
draws up the said act in the presence of at least 2 disinterested
persons or using photo and (or) video recording and within 3
working days sends an act to the regional operator with the requirement
eliminate the identified violations within a reasonable period of time, determined by
consumer.
Regional operator within 3 working days from the date of receipt
the act signs it and sends it to the consumer. In case of disagreement with
with a reasoned indication of the reasons for their disagreement and send such
objection to the consumer within 3 working days from the date of receipt of the act.
If it is impossible to eliminate violations within the time limits proposed
consumer, the regional operator offers other terms for elimination
detected violations.
17. If the regional operator has not sent a signed act
or objections to the act within 3 working days from the date of receipt of the act,
such an act is considered agreed and signed by the regional operator.
18. In case of receiving objections from the regional operator
the consumer is obliged to consider objections and, in case of agreement with
objections to make appropriate changes to the act.
19. The act must contain:
a) information about the applicant (name, location, address);
b) information about the object (objects) on which solid
municipal waste, in respect of which there were disagreements (full
name, location, authority to the object (objects), which
possessed by the party that sent the act);
c) information about the violation of the relevant clauses of the contract;
d) other information at the discretion of the party, including materials
photo and video filming.
20. The consumer sends a copy of the act of violation to regional
operator of obligations under the contract to the authorized body
executive power of the subject of the Russian Federation.
VII. Responsibility of the parties
21. For non-fulfillment or improper fulfillment of obligations under
The parties to this Agreement are liable in accordance with
the legislation of the Russian Federation.
22. In case of non-performance or improper performance
the consumer of obligations to pay for this agreement regional
the operator has the right to require the consumer to pay a penalty in the amount of
1/130 of the key rate of the Central Bank of the Russian Federation,
established on the date of presentation of the relevant claim, from the amount
debt for each day of delay.
23. For violation of the rules for handling municipal solid waste
in terms of storage of municipal solid waste outside the places of collection and
accumulation of such wastes defined by this agreement, the consumer
bears administrative responsibility in accordance with
the legislation of the Russian Federation.
VIII. force majeure circumstances
24. The parties are released from liability for failure to perform or
improper performance of obligations under this agreement, if it
was the result of force majeure circumstances.
At the same time, the term for the fulfillment of obligations under this agreement
is extended in proportion to the time during which such
circumstances, as well as the consequences caused by these circumstances.
25. The party affected by the force majeure
forces, is obliged to take all necessary steps to notify the other
parties by any available means without delay, no later than 24 hours
from the moment of occurrence of force majeure circumstances, on the occurrence
the specified circumstances. The notice must include time information.
occurrence and nature of these circumstances.
The party must also without delay, no later than 24 hours from the moment
termination of force majeure circumstances, notify the other
IX. Contract validity
26. This agreement is concluded for a period of ________________________.
(date indicated)
27. This agreement is considered extended for the same period and for those
under the same conditions, if one month before the expiration of its validity, no
of the parties does not declare its termination or modification or the conclusion
new contract on different terms.
28. This agreement may be terminated before the end of its term.
action by agreement of the parties.
X. Miscellaneous terms
29. All changes that are made to this agreement are considered
valid if they are in writing, signed
authorized persons and certified by the seals of both parties (with their
availability).
30. In the event of a change in name, location or banking
details, the party is obliged to notify the other party in writing
form within 5 working days from the date of such changes by any available
ways to acknowledge receipt of such notification
addressee.
31. When executing this agreement, the parties undertake
be guided by the legislation of the Russian Federation, including
provisions federal law"On production and consumption waste"
and other regulatory legal acts of the Russian Federation in the field of
management of municipal solid waste.
32. This agreement is made in 2 copies, having equal
legal force.
33. The annex to this agreement is its integral
Regional operator Consumer
__________________________________ ___________________________________
"____" ______________ 20___ "____" ______________ 20___
Application
to a standard contract for the provision
solids handling services
municipal waste
Information
on the subject of the contract
I. Volume and place of collection and accumulation of municipal solid waste
II. Information in graphical form on the location of collection and accumulation sites for solid municipal waste and access roads to them (with the exception of residential buildings)
Document overview
The rules for handling municipal solid waste (MSW) have been approved. We are talking about the collection, transportation, processing, neutralization and disposal of waste.
The grounds on which a legal entity may be deprived of the status of a regional operator for the treatment of MSW have been established.
The form of a standard contract for the provision of services for the treatment of MSW was also approved. The essential conditions of such an agreement and the procedure for its conclusion are determined.
MSW management on the territory of the subject of the Federation is provided by regional operators in accordance with the regional program and the territorial waste management scheme.
The regional operator, within a month from the date of granting him the appropriate status, is obliged to send to all consumers at the address of an apartment building or residential building a proposal to conclude the specified contract and its draft.
The contract is concluded for a period not exceeding the period for which the legal entity has been assigned the status of a regional operator.
It has been clarified that vehicles and railway vehicles are subject to equipment with GLONASS or GLONASS/GPS satellite navigation equipment. vehicles used for transporting MSW.
Article 1 of the Federal Law of June 24, 1998 No. 89-FZ “On Production and Consumption Wastes” (hereinafter referred to as the Law No. 89-FZ) defines the concept of municipal solid waste (hereinafter referred to as MSW), this is waste generated in residential premises in the process of consumption individuals, as well as goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs. Municipal solid waste also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.
Based on this concept of Law No. 89-FZ, the belonging of waste to MSW is determined by the following criteria:
- education takes place in residential premises;
- education occurs in the process of consumption by individuals;
- MSW also includes goods that have lost their consumer properties in the process of their use by individuals in residential premises in order to meet personal and domestic needs;
- MSW also includes waste generated in the course of activities of legal entities, individual entrepreneurs and similar in composition to waste generated in residential premises in the process of consumption by individuals.
The Federal Classification Catalog of Waste (hereinafter referred to as the FKKO), approved by order of the Federal Service for Supervision in the Sphere of Environmental Management No. 242 dated May 22, 2017, consists of blocks, types, subtypes, etc.
For example, block 7 "Waste from water supply, sanitation, activities for the collection, processing, disposal, neutralization, disposal of waste" includes type 73 "Communal waste, similar to municipal waste in production and in the provision of services to the population", which, in turn, consists of subtypes, including 731 "Municipal solid waste", 733 "Consumption waste in production, similar to municipal waste", etc., clearly related to MSW; and at the same time, block 7 contains subtype 732 "Public waste in non-sewered buildings and other similar waste not related to municipal solid waste."
Another example. The type of waste “mercury, mercury-quartz, luminescent lamps that have lost their consumer properties” can be generated in residential premises as a result of the loss of consumer properties of lighting elements. This waste is included in block 4 “Consumer waste production and non-production; materials, products that have lost consumer properties that are not included in blocks 1 - 3, 6 - 9 ", type 47" Waste equipment and other products subject to special control.
Thus, MSW can include any type of waste included in various blocks FKKO, the placement of which is permissible at specialized landfills, as well as types of waste, the placement of which at these landfills is strictly prohibited.
2. In accordance with Article 1 of the Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ, construction is the creation of buildings, structures, structures (including on the site of demolished capital construction projects).
In accordance with paragraph 3.8 of the Decree of the Gosstroy of Russia dated 03/05/2004 No. 15/1 (as amended on 06/16/2014) "On the approval and implementation of the Methodology for determining the cost of construction products on the territory of the Russian Federation", preventive (current) repairs are systematically and timely work to prevent wear of structures, finishes, engineering equipment, as well as work to eliminate minor damage and malfunctions.
In this regard, it is necessary to separate the concepts of "construction" and "maintenance".
Based on the foregoing, waste generated during construction does not belong to MSW.
So, often the waste generated during current repairs is mistakenly considered construction waste, seeing the word “construction” in the name. The mention of the words “construction”, “construction”, etc. in the name of the waste does not always confirm that this or that type of waste is formed precisely during construction work. For example, “waste (garbage) from construction and repair work” and “waste (remains) of sand and gravel mixture during construction, repair work» can be formed both during construction and during repair.
It must be taken into account that the FKKO is a unified document, but at the same time it does not take into account the distribution of waste according to the signs of generation:
- in residential or non-residential premises;
— for individuals or legal entities and individual entrepreneurs;
— during repair or construction;
- etc.
3. In accordance with Section II of the Regulation on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of 01.28.2006 No. 47, an isolated premises that is intended for living is recognized as residential premises citizens, is immovable property and habitable.
In accordance with paragraph 2 of the Comprehensive Strategy for the Management of Solid Municipal (Household) Waste in the Russian Federation, approved by Order of the Ministry of Natural Resources and Ecology of the Russian Federation dated August 14, 2013 No. raw materials, materials, semi-finished products, other products or products that were formed in the process of consumption, including finished goods (products) subject to disposal (use) after the loss of consumer properties, including the packaging of such goods (products).
Thus, waste from the current repair of residential premises individuals, as well as legal entities and individual entrepreneurs, similar to them in composition and origin, as a rule, are consumption waste, and, therefore, belong to MSW.
Garbage - dark side human life. For us, the disposal of household waste ends with its release into a plastic container, which stands near the house. Rarely does anyone think about what happens to him next. Today we will try to figure it out. Answer the question what is municipal solid waste (MSW), where it is taken out and how it is processed.
The concept of MSW
Municipal solid waste (MSW) refers to household waste generated in places where people live. This includes both urban high-rise and so private houses. In addition, MSW includes waste from the activities of various companies and firms. Provided that this garbage is similar in composition to garbage from residential areas.
There are several types of waste that are included in the concept of MSW.
What is considered TKO
- Tree. This old furniture and accessories. This group also includes cellulose-based waste: paper, some types of fabrics, etc.;
- Products of oil refining. These are various kinds of oils that contain one or another percentage of hydrocarbons;
- biological waste. This includes food leftovers, leather goods and other debris based on organic compounds;
- Synthetic waste. These are all kinds of polymers: plastics, plastic bags and other components obtained by chemical synthesis.
MSW does not include hazardous types of waste in its concept. Those that are capable of causing significant harm to human health and the ecological safety of the environment: radiation debris, waste of chemically and biologically active substances.
Amendment to the law dated December 29, 2014 No. 458
The end of 2014 was marked by a series of fundamental changes in the law on production and consumption waste. New items and concepts were introduced that completely changed the rules for the removal, disposal and processing of waste. Let's consider the most significant of them:
- Actually, the introduction of the term municipal solid waste. Prior to this, the broader wording was used, municipal solid waste, or MSW for short. The concept of MSW is still used and includes, in addition to garbage from residential buildings, waste generated by industrial enterprises and companies;
- Emergence of "regional operator" - private organization, which produces direct removal of municipal solid waste from the territory of residential buildings. This refers to the removal, transportation to the place of disposal and recycling of waste. This process takes place on the basis of an agreement with the owners of residential buildings. The duration of the contract must be at least 10 years. Previously, all of the above responsibilities were assigned to the managers of residential complexes, which turned out to be ineffective due to the lack of their material interest in this;
- Changing the procedure for payment for the types of services provided. Standards for the accumulation of MSW were established - the amount of garbage that is generated per unit of time, based on the needs of one person. According to these standards, tariffs were developed, according to which the cost of services for the removal of municipal solid waste is calculated. It is worth noting that earlier management companies were engaged in setting prices for garbage disposal. As a rule, they proceeded only from the total area of the territory;
- After the change in the law, the owner of the dwelling is obliged to conclude an agreement with the regional operator and ensure the systematic removal of MSW from its territory.
Disposal
After filling the garbage containers, the regional operator takes them to the places where the direct disposal of MSW takes place. Recycling should be understood as the process of reducing the harmful effects of waste on the environment. There are 3 most popular methods:
- burial;
- Burning;
- Composting.
Let us now analyze the pros and cons of each method in more detail.
burial
It is the storage of MSW in specially designated areas. Garbage dumps, which are located outside the boundaries of almost every city, are a good example of this. During burial, a pit is dug, the depth of which depends on the volume supplied by MSW. Directly in it they store, and later they bury the garbage with a layer of earth.
Among the main advantages of this method is its low cost. It is this factor that attracts regional representatives to turn more and more to this method of disposal. But there are also disadvantages. And they are significant.
Landfills cause significant harm to the environment. The soil is poisoned harmful substances, which are emitted by MSW, so that subsequently it is incapable of the emergence of one or another vegetation. When decomposing, the garbage forms toxic gases that can spread tens of kilometers from the place of MSW storage. For this reason, waste bins should not be located near water bodies, medical institutions and places of residence of people.
Burning
Such disposal refers to more advanced methods of disposal compared to burial. MSW here, when burned, turns into ash, which in terms of its volume is significantly inferior to the original size of the garbage. All this will reduce several times the area of waste storage. In addition, the heat that is generated as a result of combustion can be used for industrial needs or as heating for residential buildings and premises.
The disadvantage of incineration of MSW is increased toxicity. The gases released as a result of burning plastic are deadly for both humans and nature. To reduce their negative effect, it is necessary to use afterburners with modern systems cleaning. This makes this method less attractive from a financial point of view for entrepreneurs and firms that are engaged in the disposal of municipal solid waste.
Composting
This recycling of MSW occurs due to the impact of living microorganisms on it. feature this method in that only organic waste can be exposed to it. Moreover, certain types of bacteria are suitable for different types of household waste. For this reason, the waste that is sent for composting must first be divided into categories.
The advantages of this method are simplicity, efficiency and, most importantly, low financial costs for its implementation. In addition, the resulting compost from the garbage can be subjected to recycling. They are high-quality fertilizer and are widely demanded in agriculture.
Recycling
This is recovery useful properties waste, which makes it suitable for use in industrial activities. It allows you to significantly save natural resources, on the one hand, on the other hand, significantly reduces the area of landfills, and, consequently, improves the ecology of the environment.
Not all types of MSW are recyclable. This is due to the peculiarities of the chemical structure different types waste. Below are the types of MSW that are processed in modern industrial conditions:
- Wood;
- waste paper;
- Glass;
- Metal waste.
In total, proper attitude to the problem of waste disposal can significantly reduce the factors of MSW pollution. If you develop technologies for its processing, then in general you can even stay in the black. Everything, as in most cases, depends on our desire not to think about this momentary benefit and look a few steps ahead.
At the beginning of 2016, a new item on the removal of municipal solid waste appeared in receipts for housing maintenance.
What does this concept mean?
Solid municipal or, as they are also called, household waste includes a fairly wide list: waste from residential and industrial, commercial and public buildings, fallen leaves, remnants of repair materials, waste from yard areas, spoiled food.
In other words, they include everything that falls into garbage containers near high-rise buildings.
Solid municipal waste also differs in the way it is processed and handled, the source of occurrence, the level of danger, composition and other features.
However, not everything can be thrown into the bins in the yard. The law specifies the rules for handling and clear separation of municipal waste.
Can be disposed of in trash cans:
- wood and plant waste;
- small garbage collected by janitors (dust, cigarette butts, etc.);
- food waste and spoiled food;
- textile items
- materials used for packaging (cardboard), waste paper and newspapers.
Do not throw into garbage containers:
- bulky waste after repair;
- liquid and oil products;
- faeces of domestic animals;
- expired medicines and other pharmaceutical waste;
- toxic substances.
All this garbage must be taken to individually with special services. This is especially important for municipal waste hazardous to health, such as broken light bulbs and used energy-saving lamps.
You need to know the basic rules for handling them.
Such things contain mercury, which even in small quantities has a detrimental effect on human health.
Most of us do not think about the consequences that are possible due to violations of the rules for handling municipal waste. Garbage can lie in containers for several days and cause unpleasant consequences: contamination (in the case of organic waste), poisoning (mercury) and possible fire.
It is important to follow the rules of treatment and teach your children to do this. After all, the health of those around you and your family directly, as well as the environmental situation as a whole, depends on how seriously you take them.
The small inconvenience of calling the special services cannot be compared with the danger to which innocent people are exposed.
Amendments to the law on the accumulation of municipal waste
Recently, several significant amendments have been made to the legal act for the accumulation of municipal solid waste.
- The distinction between waste from production and residential areas has been abolished.
- The organization of a unified system of control over the disposal of all waste is prescribed.
- A new calculation of payment for the removal of household waste has been determined.
- Waste accumulation standards have been introduced per apartment resident or as a whole commercial premises in terms of area.
- An MSW operator is appointed to resolve all organizational issues in the regions. Its appointment is carried out by the administration bodies (a competitive selection is carried out). The main requirements: the availability of serviceable vehicles for waste disposal and permission for this activity of Rospotrebnadzor.
During the past year, various tests were carried out, as a result of which the standards for the accumulation of solid waste were developed and calculated. This is exactly what the new column displays in the payment receipt for the maintenance of housing.
Determination of standards for the accumulation of municipal waste
The new instruction clearly defined the standards for each category of persons subject to the rules of treatment.
These include:
- owners of residential premises;
- owners of adjacent territories;
- individual entrepreneurs renting industrial premises.
The standards are determined using special measurements once a season, carried out by the MSW operator. To do this, choose a residential area in which at least 2% of the total population is concentrated for small cities, 1% for large cities and 0.5% for million-plus cities.
To carry out such measurements, special equipment is used - special containers and large plastic bags. The separation of solid waste of all three categories is clearly monitored, and the possibility of mixing is excluded. After carrying out such work, a waste report for each day should be drawn up.
The next step is the calculation of additional coefficients using specially derived formulas:
- average daily standard;
- average quantitative standard for each season;
- annual standard (daily multiplied by the number of days in a year);
- monthly average.
After the experimental containers are filled, the mass and volume of the waste is measured.
To do this, a number of steps are taken.
- Leveling all waste.
- With the help of a special ruler, the volume of collected waste is measured. The measurement takes place from top to bottom, and the length of the ruler is one and a half meters.
- To measure the mass, a dynamometer is used, and then the mass of the empty tank is subtracted from the obtained value.
- If the weight of the garbage is less than 10 kg, it can be weighed on a loading vehicle.
All the results obtained are entered into a special table, after which the average values are displayed for all types of solid waste separately (residential, house, industrial).
The MSW operator is an entrepreneur who is legally responsible for all calculations made and carries out further work with them.
What do standards depend on?
Ordinary tenants apartment buildings I’m probably wondering what the norms given in the receipts depend on, why are they not the same for everyone?
They are influenced by the following factors:
- the level of livability of the dwelling (presence of a central heating system, sewerage, etc.);
- availability of containers for separate collection various kinds garbage (plastic, paper, etc.). (in this case, the mass of MSW is much less);
- weather conditions (for example, in the northern regions of our country, the heating season has been significantly extended);
- the presence of green plantings in the local area.
For accurate compilation of standards, data from well-maintained and disadvantaged areas are used. Of great importance is the method of heating housing.
After a complete study, a sanitary passport is drawn up for each type of premises, which, without fail, indicates the number of people living in a high-rise building (for entrepreneurs - places in a cafe or restaurant); the level of improvement and grooming of the adjacent territory (the presence of landscaping and sidewalk paths).
If there is a separate collection of garbage, indicate the data on its measurement.
MSW standards for each person
For uniform calculations within the whole country, a special instruction has been created, which sets out approximate savings rates for each consumer.
They are:
- average daily for the year;
- average daily for the season;
- average annual.
They are calculated taking into account population density.
- comfortable housing (there is central heating, gas and water supply, waste collection is carried out in a separate way);
- poor housing (stove heating, lack of permanent water supply and sewerage, waste collection is not carried out, private houses are allocated separately);
- liquid waste (a separate line is waste that accumulates in basements and cesspools).
The final decision on the amount of standards for the accumulation of municipal solid waste is made by local governments. They are updated every 5 years.
Temporary standards
Such standards are valid for individual entrepreneurs while the MSW operator measures and calculates constant indicators.
The basis of the calculation of time standards is the occupation of each specific organization. Usually use the average value of the amount of garbage. According to the instructions, temporary standards should be adjusted once a year.
Each type of activity has its own coefficient. To calculate the number of waste accumulations, it is multiplied by the existing standards and the number of working days.
Now many areas of individual business use the average time standards: shops (hardware, grocery, manufactured goods), stalls and stalls, transport offices, various service enterprises.
The calculation of temporary standards does not include bulky waste. If such waste has appeared, they are included in the calculations and multiplied by a factor of 1.5. For large cities, the norms of accumulation of solid waste from production are at least 2 times less than from residential areas.
New regulations. Are they needed?
The adopted law on municipal waste management is aimed, first of all, at maintaining a favorable environmental situation in areas where large numbers of people live. In addition, the real indicators of the accumulation of solid waste in production are being calculated.
The measures taken will help:
- increase the number of enterprises dealing with solid waste disposal;
- establish safe disposal of hazardous waste and proper handling of it;
- to build new factories for the processing of certain types of waste;
- destroy illegal dumps and prosecute those responsible for their creation.
The instructions for the solid waste management law clearly spell out disposal measures for industrial enterprises. Now the special organizations responsible for the destruction of waste will not be able to refuse them to accept garbage. Accordingly, the need for unauthorized landfills will disappear.
New rules for handling municipal waste in a difficult environmental situation, just in time. Their observance, both by ordinary owners of residential premises and by manufacturing companies, will ensure cleanliness and order in every city.
A new service from 2017 is the management of municipal solid waste. What is the difference with MSW and MSW, what changes does this entail and what is the management company obliged to do
The term "municipal solid waste" itself was introduced on January 1, 2016. For the first time this was reflected in the Housing Code of the Russian Federation, in Art. 154 states that MSW is a public service. Then the legal framework began to be developed, which at the time of 2017 consists of:
- MSW handling rules,
- changes in the Rules for the provision of public services<...> №354,
- environmental laws also have a great influence on MSW reforms.
Responsibility for waste management
This utility service is provided by the regional operator together with the management company. Responsibilities are divided as follows:
- The management company is obliged to maintain container sites, monitor the cleanliness and correct placement;
- The operator himself takes out the garbage to landfills or other designated waste collection points.
- If the MKD does not have a centralized sewerage system, then the removal of liquid waste remains on the shoulders of the organization managing the house.
MSW in the receipt goes in a separate column, now they are not included in the maintenance of common house property.
What does the operator do, except take out the garbage? It bears all responsibility for the full cycle of processing: waste acceptance (removal from sites), transportation (transportation to landfills and the like), processing and disposal, as well as disposal (there are separate regulations for this).
Transition time to new orders
The question is when the regional MSW operator will be able to start its work. To conclude an agreement, you need:
- so that a single tariff for the treatment of MSW is formed in the region - then payment for MSW will be more transparent;
- conclude an agreement for the removal of MSW between the operator and the administration.
- the house, through the Criminal Code, concludes a standard agreement for the treatment of MSW.
The way the contract is concluded is different:
- if he manages the house of the Criminal Code, then an MKD management agreement is drawn up.
- if the house is managed by the HOA, etc., then an agreement is drawn up for the provision of public services.
- private houses can also conclude a contract with the operator, directly themselves.
But it will always be an agreement directly with the owners of residential premises and other things.
Norms and requirements
The handling of MSW is governed by rules, the violation of which entails the termination of the contract and fines. When it comes to waste disposal, the main thing is how often it is removed. Agree that having container bins piled up in the yard is still a pleasure.
The frequency of removal depends on the ambient temperature and is divided into the cold and warm seasons (the average daily temperature must be below or above 5°C, respectively):
- at least 1 time in 3 days in winter;
- daily in summer.
Deviations from the deadlines should not exceed 72 hours for the entire month (in the sum of all times), and once it is permissible to delay garbage collection for 24 hours in warm weather and 2 days in cold weather. For violation of the terms there are penalties - a reduction in the amount of payment. Every 24 hours in one billing period is minus 3.3%.
MSW in receipts
- goes on a separate line; payment for solid waste should be excluded from the composition of the receipt.
- the fee is distributed according to the number of people registered in the house or the size of the dwelling (depending on the method adopted in your subject).
- the price also depends on whether separate collection of MSW is organized for this house.
The difference between MSW and MSW
What is the fundamental difference between MSW and MSW, that the authorities have introduced a new service and cancel the old one from January 1, 2019?
- municipal solid waste
- municipal solid waste
In general, there is no fundamental difference between them. This is the same garbage that we take out to container sites. Previously, the definition said that it was only residential waste, which was different for residential premises. And now the standard takes into account the rate of accumulation and is set not according to the principle of residential / non-residential, but for different consumers in different ways. That is, an average family and a cafe on the ground floor of the house will accumulate garbage, obviously, at different rates. Therefore, the first will pay less, and the owner of the cafe - more.
