In Russia, until recently, licensing of wells in SNT was mandatory. Until what year this requirement was valid, few knew. Since 2016, however, it has been canceled. Instead of the pre-existing procedure, owners / users of summer cottages only need to register their wells. At the same time, no fines were provided for the lack of permits.
Relevance of the issue
The inventory of wells was supposed to begin in September 2016. So, in any case, said the Union of Gardeners. People began to worry because they knew what the law on licensing SNT wells says. The norms, in particular, set fines for the lack of permits. For ordinary summer residents, the amounts were within 3-5 thousand, and for partnerships - up to a million rubles. In addition, the licensing of water wells in SNT itself is a complex procedure that takes a fairly long period of time and is far from cheap. It took about six months to collect the documentation. The cost of permission was 500-600 thousand rubles. The procedure was an invoice even for members of quite prosperous gardening in the Moscow Region (in particular, in cities such as Ramenskoye, Podolsk). Licensing of the existing artesian well in SNT in a simplified manner, as experts noted, is very important.
Solution
The decision on licensing wells in SNT under the new rules should have been developed by the Ministry of Economic Development and the Ministry of Natural Resources on behalf of the Prime Minister. It was necessary to submit the department’s document before October 2016. The decision should concern not only ordinary owners of summer residences, but also legal entities - directly partnerships, cottage villages, cooperatives in which there is centralized water supply. Ordinary citizens only need to take an inventory. Well registration should be carried out by the territorial departments of the Ministry of Natural Resources.
Simplified procedure
Thus, the regulatory act of the Ministries does not provide for licensing of wells in SNT. An individual who is a private owner (not a member of the partnership) will still need to obtain permission. However, the procedure for its provision is simplified, the cost of the service is reduced. At present, it remains unclear how much the amount and processing time will decrease. The relevant departments deal with these issues. Meanwhile, there is already a procedure in accordance with which wells, the depth of which is less than 40 m, and the water from them is used to satisfy personal needs in the amount of up to 100 m3 per day, are exempted from licensing. This is due to the following. Layers located at shallow depths contain water that can only be used for technical purposes. She is unsuitable for drinking. Simply put, a man took water, watered it with a garden, and she again returned to the same layer.
Legal entity
They remain required to obtain permits. The licensing of a water well in SNT by a legal entity is carried out in the following cases:
- The volume of raw materials used is more than 100 m3.
- Drilling depth is more than 40 m.
- The legal entity sells water. In this case, it does not matter for what needs it is intended (technical or for drinking).
Expert opinion
As some authors note, licensing a well in SNT according to a simplified procedure, as well as exemption from this procedure are a consequence of non-compliance with regulatory requirements. Experts explain their position as follows. The Federal Law "On Subsoil" acts as a key regulatory act regulating relations in the field of subsoil use. It was adopted in 1992. Already in the original version, there was a provision that groundwater is considered part of the subsoil. To carry out almost any activity associated with their use, you must obtain permission. It is issued in the form of a license. This document gives the right to the interested person to use the bowels, specifying at the same time what exactly the subject can do on the site. Accordingly, since 1992, for the legitimate exploitation of resources, including wells, it was necessary to obtain a license. Moreover, as experts say, direct drilling should also be carried out with permission. In this case, they will have a license for geological exploration of the site for the search and assessment of aquifers. As a result, the authority to grant permits in 2015 was divided between local and federal executive institutions.
Collection of documents
Licensing of wells in SNT is carried out in accordance with the established procedure. First of all, you need to get permission for exploration. Registration of the combined document is allowed. That is, the subject receives permission to research, drill and use. A mandatory step is the development of a geological exploration project. This document must be approved by Rosgeolekspertiza. If the raw materials will be used for household and drinking needs, a draft protection zone is being developed. It is coordinated with the bodies of Rospotrebnadzor. After that, in fact, geological exploration and reserves assessment are carried out. At the end of the events, a report is drawn up and an examination is performed. If the subject initially received permission only for geological exploration, it will be necessary to license the well in the SNT . To do this, a new documentation package is going.
Nuances
The licensing of a well with a passport in SNT according to the above procedure is determined by the need to prove that the operation of a subsoil section will not have a negative impact on the environment and other drilled objects. It is also important to obtain confirmation of the suitability of the raw materials for use for the intended purposes. For this, an examination is carried out. Supervisory authorities require guarantees of the protection of the aquifer from external pollution during operation. This is ensured by the establishment of sanitary zones. If water is supposed to be used for drinking water supply, it must comply with SanPiN standards. If the quality of the raw material is lower than the established requirements, it is necessary to provide for its preparation before direct supply to the network.
Is it possible not to carry out licensing of wells in SNT?
Experts warn that you should not trust companies that claim that the permit has been canceled for all owners of cottages. Licensing of water wells in SNT , as mentioned above, is not completely canceled. The conditions indicated above are fixed in regulatory documents. If they are respected, permission may not be obtained.
Controversial issues
Meanwhile, some experts are skeptical of the wording. Moreover, the authors justify the provision of article 19 of the Federal Law "On Subsoil". The norm says that land owners, users and owners are allowed to use groundwater for their own needs. The volume of extracted raw materials should not be more than 100 m3 / day. In this case, you can use water from layers that are not sources of centralized supply, as well as from horizons that are located above them.
Explanations
Use for personal needs involves the provision of individual, household and other needs not related to business. The article 19 mentioned above stipulates that the water extracted from the bowels cannot be alienated or transferred from one entity to another. Analyzing the norms, experts draw the following conclusions. Permission is not required if a horizon is discovered that is at a minimum indentation from the surface and is removed from industrial facilities and settlements. This is due to the fact that during the years of the USSR, especially at the stage of intensive production growth, water was supplied mainly from underground sources. This, in turn, was associated with increased protection of the layers from external pollution and the constancy of the quality of raw materials. As a result, in Soviet times, a huge number of wells were drilled throughout the country. Especially a lot of them were in the European part. Wells were drilled to all horizons, so the vast majority of them act as sources of centralized supply. Accordingly, in the European part, including the Moscow Region and the Leningrad Region, in order to obtain raw materials on legitimate grounds, it is necessary to obtain permission for almost all objects. As the second important condition under which exemption from licensing is allowed, there is a lack of income, including indirect income from produced water. Raw materials can be used exclusively by the owner of the allotment, within which it is extracted. In other words, water cannot be sold or even donated to a neighbor.
conclusions
Many experts note the vagueness of legislation and unclear requirements. The specific rules for processing documentation remain unclear. The main issues are related to the actions of individuals. Meanwhile, it is clear that obtaining permission remains the responsibility of directly associations of citizens (cooperatives, partnerships and others). However, the rules indicate a simplified procedure. Experts believe that the development of specific rules will be transferred to regional and local authorities. They, in accordance with the framework normative acts, will formulate a specific list of actions that the entities will need to take, as well as a list of documentation for submission to authorized authorities. Nevertheless, today most of the owners of summer cottages may not worry about fines. As indicated above, the territorial supervisory authorities should conduct an inventory and registration of facilities.
Conclusion
The process of obtaining a license not only in the field of environmental management, but also in other areas is labor intensive. Speaking specifically about the subsoil, then permission in any case will be required for geological exploration, reserve estimation, and drilling. This procedure is designed primarily to protect natural resources from rash human intervention. If, based on the results of examinations, it is recognized that the activity does not threaten the state of the environment, the entity may carry out drilling. Further actions, based on the meaning of innovations, will depend on the purpose of the use of resources, the depth of their occurrence and the recoverable amount. In addition, the status of the entity carrying out the activity is important. If this is a private owner or legal entity, permission will have to be obtained, if the citizen is a member of the SNT, then only an inventory and registration will be needed.