The Cabinet of Ministers of Ukraine recently adopted Resolution No. 541, amending the Rules on the Provision of Household Waste Removal Services (the “Rules”). This Resolution implements changes introduced in early 2010 to the Law of Ukraine “On Waste” with respect to household waste handling.
Under the amended Rules, the household waste removal service provider will be selected by local government authorities on a competitive basis pursuant to the tendering procedure adopted by the Cabinet of Ministers of Ukraine. A service agreement with such provider will be concluded by the owners/administrators of residential buildings and land plots pursuant to the standard form agreement annexed to the Rules.
Waste removal services are to be provided in accordance with the adopted sanitary clean-up schemes of respective cities/settlements and shall ensure a separate collection of domestic waste. Residential areas and backyards as well as public roads and other public areas will now have to be equipped with household waste collection areas and containers. The standard form agreement annexed to the Rules places the obligation to ensure separate waste collection and maintenance of waste collection areas/containers, on the customer. The service provider, at the same time, will be responsible for those areas and containers that are owned by him.
Construction waste and large objects will have to be transported separately from other household waste, whilst hazardous household waste will be collected separately, being separated at the source or during waste separation operations, and subsequently transferred to the licensed hazardous waste operators. The Rules, however, do not clearly indicate who will be responsible for such transfer, as they place this obligation on both customer and the service provider.
“Hazardous household waste” is defined by the amended Rules through combined definitions of “domestic waste” and “hazardous waste” as stipulated by the Law of Ukraine “On Waste”.
Law: Resolution of the Cabinet of Ministers of Ukraine ‘On Introducing Amendments to the Rules on Rendering Services on Removal of Domestic Waste’ No. 541 of 25 May 2011.