№1|2016

ENVIRONMENTAL PROTECTION

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UDC 628.3:504.05

Lerner А. D., Inchagov А. D.

Regulation of wastewater discharges within the framework
of the national environmental policy

Summary

The interrelation of the environmental legal relations in the field of regulating pollution discharges into the water bodies and public utilities operation is considered. Regulation of wastewater discharges and environmental payments for the negative impact on the water bodies are directly interconnected. Above-limit payment for discharges is one of the factors of the bankruptcy of water and wastewater utilities. Amendments to the system of regulating the negative impact on the water bodies introduced in 2015 could neither solve the existing problems nor eliminate the contradictions between the interests of the institutions of the RF Ministry of Natural Resources and Environmental Protection, water and wastewater utilities and national fiscal interests. According to the current methods of regulation drafting technically unachievable requirements to the effluent discharges are set to the water and wastewater utilities; and failure to observe them is subject to substantial financial responsibility. Shifting a part of the financial responsibility from water and wastewater utilities to business did not improve the economic performances of water and wastewater services but placed additional financial burden on business. No changes in discharge regulations that were envisaged in Federal Law No. 73-FZ of June 3rd, 2006 «On the enactment of the Water Code of the Russian Federation» occurred due to the lack of the regulatory and legal framework expected from the institutions of the RF Ministry of Natural Resources and Environmental Protection. The amendments to the environmental regulations introduced into the legal framework do not correlate with each other and reflect the interests of different institutions. It is evidence of the absence of the national environmental policy. The constituted statutory regulations must correspond to the provisions of the national environmental policy, solve the tasks set by the policy, eliminate the emerging contradictions. The basic principles that must make the foundation of the national environmental policy are presented. The main principles are the balance of the public interests, environmental interests, the interests of water and wastewater utilities and business, all-level budgets, technically achievable requirements to the negative impact and the priority of environmental protection over the national fiscal interests.

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REFERENCES

  1. Inchagov A. D. [Myths and reality. Requirements of environmental and water legislation in the operation of water and wastewater services under current conditions]. Voda Magazine, 2013, no. 7, pp. 44–46. (In Russian).
  2. Lerner A. D., Inchagov A. D. [On wastewater discharge limitations, maximum permissible concentrations and environmental charges]. Vodosnabzhenie i Sanitarnaia Tekhnika, 2011, no. 1, pp. 40–44. (In Russian).

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