2. Organizational Structure of the Environmental Protection Department and their Responsibilities on Solving Environmental Problems
According to Decree # 295 as of May 25, 2000 and Decree # 59 as of February 24, 2001 of the Government of the Kyrgyz Republic the following executive and specially authorized state bodies shall be responsible for enforcement of constitutional principles and legislative acts in the field of ecology and environmental protection:
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State Agency for Environmental Protection and Forestry (SAEPF);
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State Forestry Department;
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Ministry of Health (MoH);
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Ministry of Internal Affairs
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Ministry of Agriculture, Water and Processing Industry (MAWPI);
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State Geology and Mineral Resources Agency under the Government of the Kyrgyz Republic;
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State Real Estate Registration Agency under the Government of the Kyrgyz Republic;
Bodies of Public Prosecution, Ministry of National Security (MNS) of the Kyrgyz Republic, Interior Ministry of the Kyrgyz Republic, and State Customs Inspectorate under the Ministry of Finance (MoF) of the Kyrgyz Republic shall assist SAEPF bodies and other specially authorized bodies for environmental protection in implementation of measures aimed at protection and rational use of natural resources, and environmental safety.
2.1 State Agency for Environmental Protection and Forestry of the Kyrgyz Republic
Since independence of the Kyrgyz Republic the organizational structure of environmental management has experienced several changes. According to the Presidential Decree of December 28, 2000 the State Agency for Environmental Protection and Forestry was established by merger of the former Ministry of Environmental Protection (MEP) and the Ministry of Emergency Situations and Civil Defense. Scheme 2-1 below shows the management structure of SAEPF.
SAEPF is a public governance body in the field of ecology, prevention and resolution of emergency situations, civil defense, industrial safety and mountain control. The Head Division of the Hydro-meteorological Agency in August 1998 became a part of MEP and later SAEPF, which accomplishes monitoring over meteorological, hydrological, and agro-meteorological conditions, as well as monitoring over state of the environment.
The Ecological Expertise Department in charge of conducting state ecological expertise (EE) and Environmental Impact Assessment (EIA) forms a part of SAEPF. State ecological control over environmental protection and use of natural resources, and environmental monitoring are implemented by the Department of Ecology and use of Natural Resources. The reorganization process of the SAEPF management structure is currently under way, and, presumably, it is not complete yet.
By Governmental Decree # 34 of February 28, 2003 the Department of State Ecological Control and Use of Natural Resources was merged with the Department of Ecology and Environmental Monitoring to form the Department of Ecology and Use of Natural Resources. Therefore, the present Regulations for the Department of Ecology and Use of Natural Resources is currently at the stage of being developed.
2.2 Functions of the State Agency for Environmental Protection and Forestry
According to the Regulation on State Agency for Environmental Protection and Forestry (SAEPF) approved by the Government (3), the SAEPF has the following functions:
On general management:
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To set limits for use of natural resources and permitted emission concentrations, waste disposal, as well as to issue and withdraw licenses for:
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Utilization, disposal and landfilling of toxic waste and substances, including radioactive ones;
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Transportation (including transboundary transportation) of industrial toxic waste;
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To participate in the work of state and working commissions on accepting and putting into operation new objects (reconstructed, enlarged, technically re-equipped, and being liquidated), selecting object locations and allocating land for economic activities, as well as in interstate water division;
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To collect fees for special use of natural resources, except for the use of animal and plant resources, discharges, emissions, and waste and toxic substance disposal to the environment;
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To implement:
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State monitoring over use of natural resources, emissions, discharges of pollutants and other negative impacts to the environment, and their sources in cooperation with other ministries, state committees, administrative institutions, and economic entities;
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Collection and exchange of ecological and hydro-meteorological information in the framework of national, regional and interstate ecological and hydro-meteorological information systems;
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Public policy on cooperation with foreign countries and international organizations in the field of environmental protection, use of natural resources and hydro-meteorology, as well as to provide for implementation of bilateral, multilateral and interstate agreements, treaties, and conventions in this field;
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To provide for registration of economic entities that use natural resources;
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To organize popularization and dissemination of information on nature and rational use of its resources; to conduct competitions, exhibitions, conferences, seminars and other events in the field of environmental protection and rational use of natural resources;
Figure 1.
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To conclude, on behalf of the Government of the Kyrgyz Republic, the interstate agreements and treaties associated with finding solutions to environmental problems.
In the field of environmental protection:
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To develop and implement public policy on integrated environmental management, hydro- meteorological management, and rational use of natural resources;
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To provide for:
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Development of draft normative-legal acts in the field of environmental protection, rational use of natural resources, prevention and liquidation of negative effects of emergency situations, hydro-meteorology, as well as their submission to the Government of the Kyrgyz Republic for approval;
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Development and implementation of common scientific and technical policy in the field of environmental protection and hydro-meteorology;
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Development of measures aimed at environment preservation and improvement, rational use of natural resources, and hydro- meteorological monitoring, as well as control over their implementation;
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Accomplishment of ecological certification in the field of environmental protection;
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To develop and:
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Approve national environmental standards, regulations, provisions and instructions on environmental protection, use of natural resources and hydro-meteorology, and coordinate sector and institutional ones in an established order; accomplish works on provision of nature protection and hydro-meteorological activity; accomplish monitoring over the state of the environment;
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Submit to the Government of the Kyrgyz Republic proposals on attraction of investments and technologies providing for minimal impact on natural environment, as well as rational use of natural resources;
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In cooperation with other ministries, state committees and administrative institutions concerned, to provide for development of economic mechanisms for environmental protection and rational use of natural resources;
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To analyze the impact of anthropogenic activity on the state of the environment, in cooperation with other state bodies and scientific institutions concerned to provide for development of strategy and policy on provision of ecological security, as well as state programs, area-based comprehensive schemes on environmental protection and rational use of natural resources.
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To provide for state ecological expertise of projects and materials;
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To draft, make and terminate agreements, contracts, and other documents providing grounds for economic and other activity in accordance with this Regulation.
2.2.3 In the field of hydrometeorology
Provide for:
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Organization and implementation of systematic environmental observations;
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Environmental analysis, analysis of processes and development tendencies, and, based on this, forecast of extremely high levels of environmental pollution, as well as notification of state bodies and economic entities thereon.
2.2.4 In the field of environmental monitoring
Provides for:
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Set up and implementation of systematical monitoring of the state of the environment, sources of anthropogenic impacts on the environment, and use of natural resources;
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Analyses of the state of the environment, processes and development trends, and, based on this, forecast of extremely high natural environment pollution levels, as well as notification of the state bodies and economic entities;
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Introduction of state database on the state of the environment, analysis of these data, and preparation of relevant paper-based directories;
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Immediate disclosure of critical environmental situations, and sources of ecological danger;
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Identity and comparability of measurement results in the national environmental monitoring system;
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Accreditation of environmental certification bodies, environmental monitoring bodies, and environmental analytical laboratories;
2.2.5 In the field of environmental control
Provides for control over:
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environmental protection and use of natural resources, including atmospheric air, and surface and underground waters;
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observation of an order of taking fee for use of natural resources and environmental pollution, as well as spending funds for nature protection purposes;
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observance by different ministries, state committees, administrative institutions, bodies of local government, economic entities and individuals of the following:
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nature protection laws, standards, norms, rules, as well as orders, instructions, and regulations of the Ministry adopted and developed to enforce these documents;
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established quotas for use of natural resources, as well as pollutant emissions and discharges, and waste disposal standards;
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observation of requirements on environmental protection and rational use of nature resources:
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during mining, blasting and dredging operations, placement and operation of collectors, slime-containing tAiylings, dumps, mining heaps, and landfills, as well as during geological surveys, cattle driving, and other operations having impact on natural resources;
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during transportation, including transit transportation, storage and use of toxic substances, chemicals, waste and other hazardous substances, plant protection means, plant growth stimulators, mineral fertilizers, and other chemicals and substances, allowed for use in different sectors of economy;
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during operation of nature protecting facilities, water utilization systems, water reservoirs and other hydro-engineering facilities;
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conditions and efficiency of nature protecting facilities and systems;
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implementation by different ministries, state committees, administrative institutions, economic entities, and individuals of the following measures:
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construction and putting into operation air purification and discharge water treatment facilities, devices and equipment, and equipping sources of pollution with discharge and emission control and adjustment devices;
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control of negative water-born impacts (flooding, over-damming, under-flooding, river bank washing, etc.);
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rational use of:
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water resources, surface and ground waters;
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atmospheric air for industrial and other needs;
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industrial and domestic waste;
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prevention of land degradation due to contamination with industrial waste, pesticides and other chemicals, and as a result of construction works, mining operations, and geological surveys.
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