Licensing of wells in SNT for individuals

Until recently, in Russia, the licensing of wells in SNT was mandatory. Until which year this requirement was in effect, very few people knew. Since 2016, however, it has been canceled. Instead of the previous procedure, the owners / users of suburban areas need only register their wells. At the same time, there were no penalties for the lack of permits.

Relevance of the issue

The wells were to be invented as early as September 2016. So, in any case, the Union of Gardeners said. People began to worry, because they knew what the law on licensing SNT wells says. The norms, in particular, established fines for the lack of permits. For ordinary cottagers, the amounts were in the range of 3-5 thousand, and for partnerships - up to one million rubles. – процедура сложная, занимающая достаточно большой промежуток времени и далеко не дешевая. In addition, the very licensing of water wells in SNT - the procedure is complex, taking quite a long time and is far from cheap. The collection of documentation took about six months. The cost of authorization was 500-600 thousand rubles. The procedure was waybill even for the members of quite prosperous horticultural suburbs of Moscow (in particular, in cities such as Ramenskoye, Podolsk). по упрощенному порядку, как отмечали эксперты, весьма актуально. Licensing of the existing artesian well in the SNT according to a simplified procedure, as experts noted, is very important.

Solution

по новым правилам должны были разработать Минэкономразвития и Минприроды по поручению премьер-министра. The resolution on the licensing of wells in the SNT under the new rules was to be developed by the Ministry of Economic Development and the Ministry of Natural Resources on the instructions of the Prime Minister. It was necessary to submit the document to the department before October 2016. The resolution should concern not only ordinary owners of dachas, but also legal entities - directly partnerships, cottage settlements, cooperatives, in which there is centralized water supply. Ordinary citizens only need to make an inventory. The registration of wells should be carried out by the territorial departments of the Ministry of Natural Resources.

Simplified order

Thus, the normative act of the Ministries does not provide for the licensing of a well in SNT. , являющееся частным владельцем (не состоящим в товариществе), все-таки должно будет получить разрешение. An individual who is a private owner (not a member of a partnership) will still have to obtain a permit. However, the order of its provision is simplified, the cost of the service is reduced. At present, it remains unclear how much the amount and time of clearance will be reduced. These issues are dealt with by the relevant departments. Meanwhile, the order is already in effect, according to which wells, the depth of which is less than 40 m, and the water from them is used for personal needs in the amount of up to 100 m3 per day, are exempt 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 unfit for drinking. Simply put, the man took the water, poured a vegetable garden, and she returned to the same layer again.

Jurlitsa

They remain obliged to obtain permits. СНТ юрлицом осуществляется в следующих случаях: The licensing of a well for water in a SNT by a legal entity is carried out in the following cases:

1. The volume of raw materials used is more than 100 m3.
2. The drilling depth is more than 40 m.
3. A legal person carries out the sale of water. In this case, it does not matter for what purposes it is intended (technical or for drinking).

Expert opinion

по упрощенному порядку, а также освобождение от этой процедуры являются следствием несоблюдения нормативных требований. As some authors note, the licensing of a well in the SNT in a simplified manner, as well as the exemption from this procedure are a consequence of non-compliance with regulatory requirements. Experts explain their position as follows. As the key normative act regulating relations in the field of subsoil use, the Federal Law "On Subsoil" acts. It was adopted in 1992. Already in the original version there was a provision that groundwater is considered part of the interior. To perform almost any activity related to their use, you need to obtain permission. It is issued in the form of a license. This document gives the right to the interested person to use subsoil, specifying in this case, what exactly the subject can do on the site. Accordingly, since 1992, for legal exploitation of resources, including wells, it was necessary to obtain a license. Moreover, as experts mark, direct drilling should also be carried out by permission. In this case, they will be licensed to conduct a geological survey 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

производится по установленному порядку. Licensing of the well in the SNT is carried out in accordance with the established procedure. First of all, you need to obtain a permit for exploration. It is allowed to issue a combined document. That is, the subject gets permission to explore, drill and use. An obligatory stage is the development of a geological prospecting project. This document must be approved by RosgeolExpertiza. If raw materials are to be used for household and drinking needs, a draft of the protection zone is being developed. It is coordinated in the bodies of Rospotrebnadzor. After that, in fact, the geological survey and stock assessment are carried out. At the end of the events, a report is drawn up and an examination is carried out. . If the subject initially received a permit for geological prospecting alone, it would be necessary to conduct licensing of the well in SNT . For this purpose, a new documentation package is being assembled.

Nuances

по указанному выше порядку обуславливается необходимостью доказать, что эксплуатация участка недр не будет оказывать отрицательное воздействие на окружающую среду и на другие пробуренные объекты. Licensing of a well with a passport in SNT according to the order indicated above is conditioned by the need to prove that the exploitation of the subsoil area will not have a negative impact on the environment and on other drilled facilities. It is also important to obtain confirmation of the suitability of raw materials for use in the intended purposes. For this an examination is carried out. Supervisory authorities require guarantees of 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 domestic and drinking supplies, it must comply with SanPiN norms. If the quality of raw materials is below the established requirements, it is necessary to provide for its preparation before direct supply to the network.

Is it possible to not license wells in SNT?

Experts warn that it is not worthwhile to trust companies that claim that the permit has been canceled for all owners of dachas. , как указывалось выше, полностью не отменяется. The licensing of a well for water in SNT , as mentioned above, is not completely canceled. The conditions specified above are fixed in the normative documents. If you follow them, you can not get permission.

Controversial moments

Meanwhile, some experts are skeptical about the wording. At the same time, the authors provide in support of the provision of Article 19 of the Federal Law "On Subsoil". Normally it is said that the owners of plots, users and owners are allowed to use underground water for their own needs. The volume of extracted raw materials should not be more than 100 m3 / day. In this case, it is possible to use water from layers that are not sources of centralized supply, but also from horizons that are located above them.

Explanations

Use for personal needs involves the provision of individual, household and other needs not related to entrepreneurship. In the above-mentioned article 19 it is stipulated that the water extracted from the bowels can not be alienated or transferred from one subject to another. Analyzing the norms, experts draw the following conclusions. Resolution is not required if the horizon, which is located on a minimal depression from the surface, is opened, is removed from industrial facilities and settlements. This is due to the fact that in the years of the USSR, especially at the stage of intensive production recovery, water supply was carried out mainly from underground sources. This, in turn, was associated with increased protection of the layers from external pollution and the consistency of the quality of raw materials. As a result, during the Soviet era, a large number of wells were drilled throughout the country. Especially a lot of them were in the European part. Wells drilled on all horizons, so the vast majority of them act as sources of centralized supply. Accordingly, in the European part, including in the Moscow region and the Leningrad Region, in order to obtain raw materials on legitimate grounds, it is necessary to obtain a permit for almost all facilities. As the second important condition, which allows for exemption from licensing, there is a lack of income, indirectly including from the produced water. Raw materials can only be used by the owner of the allotment within which it is extracted. In other words, water can not be sold or even given to a neighbor.

conclusions

Many experts note the blurring of legislation and unclear requirements. The specific rules for the preparation of documentation remain unclear. The main issues are related to the actions of individuals. Meanwhile, it is clear that obtaining a permit remains in 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 will need to be performed by the subjects, as well as a list of documents for submission to authorized bodies. Nevertheless, today most of the owners of summer cottages can not worry about fines. As stated above, territorial supervisory authorities should conduct an inventory and registration of facilities.

Conclusion

The process of obtaining a license not only in the sphere of nature management, but also in other areas is labor intensive. Speaking specifically about the subsoil, a permit in any case will be required for geological exploration, stock assessment, drilling. This procedure is designed primarily to protect natural resources from unintended human intervention. If, as a result of the examination, it is recognized that the activity does not threaten the state of the environment, the subject may drill. Further actions, based on the meaning of innovations, will depend on the purpose of using the resources, the depth of their occurrence and the recoverable volume. In addition, the status of the entity carrying out the activities is important. If it is a private owner or a legal entity, the permit will have to be received, if the citizen is a member of the SNT, then only inventory and registration will be needed.