Do I need a license to dispose of biological and medical waste?

Many ask the question: Do you need a license for burning biological waste? Along with these questions are often asked: Do I need a license for medical waste? This question torments many, and those who wish to engage in business in providing services in the field of utilization of biological, medical waste and those who have their own biological waste that are generated during production activities. In the second case, it may be waste from fisheries, livestock, meat processing and others. But the problem with which people wishing to solve the waste issue is getting ambiguous information from the supervisory bodies. For example, a question needs a license or not, and if necessary, who gives it out, or maybe there are several of them, experience in this business is not always enough neither for ecologists, nor for veterinary management. And in this case you can often hear the answer: Yes, you will need a license for disposal and transportation. The licensing authority is the "Office of State Environmental Supervision" in accordance with the Federal Law of 24.06.1998 N 89-FZ "On production and consumption wastes". Decree of the Government of the Russian Federation of March 28, 2012 No. 255 "On licensing of activities for neutralizing and placing waste of I - IV hazard classes". However, the issue of licenses of I-IV class was given to Rospotrebnadzor. But that's not even the point: many lawyers insist that biological waste is a separate area, and veterinarians have dispositions for disposal, according to which the owner of bio-waste should deliver it to the disposal point on his own. And then the question arises: why then transportation? And when using the cremation method, the sanitary protection zone is determined by the equipment certificate ... So, the question remains controversial. But if one carefully studies the "norms of the law" On Production and Consumption Wastes "for biological and medical waste (medical waste) are not distributed, and issuing permits for handling these types of waste is illegal."

In the issue of legal regulation of the management of biological waste and waste generated during the activities of medical and preventive institutions, the Russian Federation has developed a fairly controversial judicial practice.

On a concrete example, consider the case: OOO Oksa acquires an incinerator (cremator) of the VOLKAN series manufactured by Eco-Spectrum Ltd. for the disposal of biological waste and medical waste, but in the course of its activities it faced illegal actions of the Office of the Federal Antimonopoly Service for KhMAO- Yugra, in October last year, the Arbitration Court of KhMAO-Ugra considered the claim of OOO Oksa, which the company disputed the decision of the Office of the Federal Antimonopoly Service for KhMAO-Ugra. In accordance with this decision, the Office found illegal the results of the tender for the provision of medical waste removal and disposal services to a number of medical institutions in Surgut. In the opinion of the body, OOO Oksa was allowed to participate in the tender unlawfully, since it does not have a license to handle this type of waste. "OKSA", in turn, referred to the letter of the Ministry of Natural Resources of Russia on 12.12.2011 No. 12-46 / 18775 "On the regulation of environmental activities with medical and biological waste", according to which the operation of the provisions of the Federal Law "On Waste of Production and Consumption" for waste treatment and prevention institutions are not covered. The district arbitration court as a result did not support the position of the Company, recognizing the OFAS decision on KhMAO-Ugra as legitimate and justified.

Thus, the current situation required clarification of the position of federal authorities on this issue, and this explanation was given in January this year and. about. head of Rosprirodnadzor Amirkhan Amirkhanov.

In the corresponding letter, the expert points out that according to paragraph 2 of Art. 2 of the Federal Law "On Production and Consumption Wastes", the relations in the field of handling biological waste and waste and waste products of medical and preventive institutions are regulated by the relevant legislation of the Russian Federation.

At present, the concept of "waste of medical and preventive institutions" has not been established, since SanPiN, which previously established it, has lost its force. And with the entry into force of the order of the Ministry of Natural Resources of Russia "On the approval of the nomenclature of medical organizations", the very notion of a "medical-prophylactic institution" has lost its force, and now according to the law "On the fundamentals of protecting the health of citizens in the Russian Federation", medical waste should be referred to medical waste. Thus, the norms for handling waste from medical and preventive institutions (as well as medical waste in general) are regulated by the legislation on sanitary and epidemiological welfare of the population, namely the SanPiN Sanitary and Epidemiological Requirements for the Treatment of Medical Waste.

In turn, the handling of biological waste is regulated by the Veterinary and Sanitary Rules for Collection, Utilization and Destruction of Biological Waste