The Chuguyiv District Department of the Main Department of the State Service for the Protection of Food and Consumer Rights in the Kharkiv Region reports that the Law of Ukraine "On Waste" dated 05.03.1998 No. 187/98 has lost force and the Law of Ukraine "On Waste Management" dated 20.06.2022 No. 2320-IX has come into force. This Law defines the organizational, legal, and economic principles of activities to prevent the formation, reduce the volume of waste generation, reduce the negative consequences of waste management activities, promote the preparation of waste for reuse, recycling, and recovery in order to prevent their negative impact on human health and the environment.
In accordance with the Law of Ukraine "On Waste", unauthorized dumping and placement of waste, including household waste, in cities, settlements and other places that may pose a danger to human health and the environment is prohibited.
Disposing of waste in places not specifically designed for this purpose entails liability established by law. Thus, Article 42 of the Law of Ukraine "On Waste" states that "persons guilty of violating waste legislation shall bear disciplinary, administrative, civil or criminal liability for violating the established procedure for waste management, which may directly or indirectly affect human health or may lead to environmental pollution and economic losses.".
Usually, the persons who dump waste in unauthorized landfills are unknown. In such a case, the responsibility for safe waste management and the elimination of unauthorized and uncontrolled landfills on their territory falls on local governments. In addition, the powers of local state administrations also include ensuring the elimination of unauthorized and uncontrolled waste landfills, if they are located outside the boundaries of a settlement.
Owners or users of land plots on which ownerless waste is discovered are obliged to immediately notify local executive authorities or local self-government bodies. Such waste must be registered.
The grounds for determining waste as ownerless and accounting for it may be:
- results of inspections of territorial divisions of the State Service for Food and Consumer Protection of Ukraine and the State Environmental Inspectorate of Ukraine;
- notification of owners or users of land plots on which abandoned waste is found;
- appeals (messages) from citizens, enterprises, institutions and organizations, and the media.
In accordance with Clause 2, Article 29 of the Law of Ukraine "On the Public Health System" dated 06.09.2022 No. 2573, the maintenance of the territories of settlements must comply with the requirements of state medical and sanitary regulations. Executive authorities and local self-government bodies, business entities and citizens are obliged to maintain land plots and territories provided for use or owned by them. in accordance with the requirements of sanitary legislation, in particular the State Sanitary Rules for Planning and Development of Settlements, approved by Order of the Ministry of Health of Ukraine dated June 19, 1996 No. 173.
Thus, the maintenance of territories is the responsibility of executive and local government bodies, business entities and citizens. Let's remember that our future depends on us, that only together we can make the environment cleaner! Take care of the environment and your health!