Responsibilities of Bodies Implementing State Ecological Expertise

3.6 Responsibilities of Bodies Implementing State Ecological Expertise

Article 7 of the Law On Ecological Expertise (2) describes authorities, rights and responsibilities of specially authorized body on ecological expertise.

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  Provide for compliance of the state ecological expertise procedure with the requirements of this Law, other standard legal acts, standard-technical, and directive-methodological documents;
  

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  Inform beforehand local state administrations and local self-administrations on meetings of expert commissions of state ecological expertise;
  

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  Send decisions of state ecological expertise to appropriate authorities making decisions on implementation of the project in question;
  

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  By the request of project investor and public organizations conducting public ecological expertise, to provide standard-technical and directive-methodological documentation regulating initiation and conduction of state ecological expertise for their acquaintance;
  

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  Send to local state administrations, local self-administrations, public organizations (associations), and individuals submitting well-reasoned proposals concerning ecological aspects of implementation of an intended activity, the documents proving that the above proposals have been taken into consideration during accomplishment of state ecological expertise;
  

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  Provide the mass media by their request with the information on results of state ecological expertise (review);
  

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  Provide for arrangement of training, retraining and raising the level of skills of experts of state ecological expertise.
  

3.7 Responsibilities of EIA participants

*Instruction (8, paragraph 4) sets forth responsibilities of EIA participants:
EIA developer:

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  Ensures observation of all EIA procedures;
  
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  Ensures reliability, completeness and good quality of EIA results;
  
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  Documents EIA and together with project initiator provide for all necessary considerations and hearings in authority, management and control bodies, as well as for public hearings.
  

Authority and management bodies:

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  Participate in EIA consideration;
  
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  Issue (coordinate) well-grounded ecological conditions and requirements to project implementation;
  
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  Take decision on project feasibility according to the developed and agreed EIA.
  

Public:

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  Provides for consideration of EIA materials on particular installation at a particular territory;
  
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  Prepares conclusion and recommendations on this issue.
  

A positive decision of the state ecological expertise is given when the initiator has fulfilled all agreed mitigation conditions:

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  Technical approaches such as equipping with treatment systems, using less waste or no-waste technologies, etc.;
  
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  Management approaches that address ecological standard limitations, i.e. requirements of nature protection legislation and environmental quality standards.
  
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3.8 Environmental requirements considered under Ecological Expertise and EIA

Environmental requirements are set forth in the Law (1), and environmental impact mitigation measures are developed by various institutions.

3.8.1 Environmental requirements to design, construction, re-construction, and putting into operation of enterprises, installments and other objects (Article 17)

During designing, placing, constructing, re-constructing, technical re-equipping, and putting into operation objects and activities having direct or indirect impact on the state of the environment, the measures on nature protection, rational use and reproduction of natural resources, and environmental re-habilitation shall be provided for and implemented in accordance with environmental standards, and environmental impact assessment (EIA) of planned activity shall be carried out (to the extent necessary).

Location identification, design, construction, and putting into operation of economic objects shall be in accordance with in force legislation and based on positive decision of state ecological expertise. Modifications of an approved project at the expense of ecological safety requirements shall not be allowed.
Putting into operation the objects not equipped with hazardous waste, emissions and discharges treatment, neutralization and utilization facilities and installations providing for compliance with pollution admissible level standards, as well as not equipped with environmental contamination monitoring devices shall not be permitted.

3.8.2 Environmental requirements for economic or other activities (Article 18)

Economic and other subjects during accomplishment of their activities must comply with established technological regimes; have in place and ensure reliable and efficient work of treatment facilities, installations and monitoring devices, waste neutralization and utilization; provide for introduction of environmentally safety technologies and production processes; provide for protection and rational use of lands, mineral resources, waters, atmospheric air, forests, plants and animals, and reproduction of natural resources.

Subjects involved in goods manufacturing in the field of husbandry and agricultural products processing must have all required sanitary-protective zones and treatment facilities.
The measures on water balance preservation, efficient water use, protection of lands and forests against depletion, flooding, and erosion, and prevention of the negative environmental impacts shall be observed during implementation of land-reclamation works.
Hydro-electro-stations operation shall be accomplished in strict accordance with the requirements on fish stock protection and avoidance of negative environmental changes.

3.8.3 Environmental requirements to planning and building settlements (Article 19)

Requirements for sanitary cleaning, neutralization, utilization, processing or landfilling of municipal household waste, population protection against dangerous geological and hydro-geological processes, and history and nature memorials protection shall be observed during settlement planning and building activities.

Park, green and protection zones delimited from intensive economic use and characterized by a limited natural resource use regime shall be established around cities and other settlements.

3.8.4 Environmental requirements to treatment of radioactive materials and chemicals (Article 20)

Legal entities and individuals during manufacturing, storing, transporting, selling, using, neutralizing and landfilling radioactive and toxic materials, and chemicals must comply with environmental requirements, established standards and rules, and take appropriate measures aimed at prevention and elimination of harmful impacts, and immediately inform radioactive and chemical safety provision authorities in cases of exceeding these standards.

Import of radioactive waste and materials from other countries with a purpose of storage or landfilling shall be banned.
Use of toxic chemicals not degrading in the environment and negatively impacting the human body and the environment shall be banned.
Economic or other activity associated with use of radioactive materials and toxic chemicals shall be subject to licensing (permitting). Radioactive materials and toxic chemicals treatment permits (licenses) shall be issued by specially authorized state bodies.

3.8.5 Environmental protection against non-controlled and harmful biological impact (Article 21)

Import (including transit transportation) of biological objects and products of their life not accompanied by quarantine certificate shall be prohibited. Introduction and acclimatization of biological species not known in the Republic shall be permitted exclusively for scientific-research, medical or veterinarian purposes and only after completing ecological expertise. New species of plants, animals and microorganisms of local and foreign selection shall be permitted for industrial production only after completion of appropriate expertise, development of environmental safety measures and state testing. Use and breeding of biological species not native to the particular region, as well as those artificially bred without reproduction and intervention of artificially created genetic material into natural ecosystems.

The environmental safety measures avoiding negative impacts on genetic stocks and human health shall be observed during production, reproduction, storage, transportation, sale, burial and disposal of organisms of animal and plant origin.

3.8.6 Environmental protection against harmful physical impacts (Article 22)

Exceeding admissible levels of industrial or other noise, vibration, electromagnetic fields and other harmful physical impacts on human health and environment shall be prohibited.

Legal entities and individuals must take appropriate measures to prevent and avoid exceeding of levels of industrial and other noise, vibration, electromagnetic field and other physical harmful impacts on the environment.
Measures ensuring observation of admissible levels shall be developed during planning and building cities and other settlements, designing construction and reconstruction of enterprises, premises, and technological lines, creating and learning to operate new machinery, reconstructing and redesigning, operating terrain, water and air vehicles, and recreation faciities.

3.8.7 Environmental Protection against industrial, household and other waste (Article 23)

Industrial and other waste discharges shall be permitted only in accordance with established order and in designated places. Waste and sewage discharges to water reservoirs of common usage, and underground aquifers shall be banned.

Legal entities and individuals must take effective measures on processing, utilization, storing or landfilling industrial and household waste, and observe in force environmental, sanitary-hygienic and anti-epidemic standards and rules.
Waste storage and landfilling shall be provided for in places, determined by the decision of local self-administrations by agreement with the state environmental protection and health care government authorities of the Kyrgyz Republic.
Waste storing and landfilling shall be accomplished in accordance with an order provided for by the legislation.
Landfilling or other placing of potentially dangerous, highly toxic and radioactive waste shall be accomplished in accordance with licenses issued by the republican environmental protection state authority of the Kyrgyz Republic by agreement with the republican state health care authority of the Kyrgyz Republic at specially designated sites.
Disposal of toxic waste, including atomic industry waste, shall be prohibited within the boundaries of and in close proximity with cities and other settlements, in forests, parks, recreational zones and other places where there is a higher possibility of creation a danger to the health of and the environment.

3.8.8 Environmental requirements for military and defense installations, and military activity (Article 24)

Environmental requirements set forth in this Law shall be fully applicable to military and defense installations, and military activity accomplished within the boundaries of the Kyrgyz Republic.

According to the legislation of the Kyrgyz Republic the military administration bodies must pay for damage made to the environment and human health.

3.8.9 Climate and atmospheric ozone layer protection (Article 25)

Environmental protection against environmentally dangerous changes in climate, and atmospheric ozone layer shall be provided for through:

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  Arranging monitoring, registration and control of changes in climate and ozone layer resulted from economic and other activity or processes;
  
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  Arranging collection and registration of information on ozone layer depleting substances;
  
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  Establishing and observing standards on admissible emission level of harmful substances impacting state of climate and ozone layer;
  
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  Managing ozone layer depleting chemicals at production and household levels;
  
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  Making responsible for violation of the above requirements, including suspension or prohibition of harmful activity by the decision of state environmental protection bodies of the Kyrgyz Republic.
  

According to international agreements signed by the Kyrgyz Republic, different ministries, institutions, enterprises, and organizations must reduce and further fully cease consumption and use of chemicals harmfully impacting the ozone layer.

List of chemicals and production waste having harmful impact on the atmospheric ozone layer shall be approved by the national state environmental protection authority of the Kyrgyz Republic and conveyed to all governmental authorities and administrations, enterprises, institutions and organizations.

3.8.10 Environmental standardization and certification (Article 26)

Objects subject to environmental standardization and certification shall include goods (processes, services) produced in or imported to the Kyrgyz Republic, which could cause threat to environmental safety, population’s life and health, reproduction and rational use of natural resources.

List of objects subject to environmental safety and certification shall be approved by the Government of the Kyrgyz Republic.
State standards of the Kyrgyz Republic and technical conditions in the field of environmental protection shall be developed, approved and registered in an order established by legislation.
Design, production, supply (realization), storage, transportation, use (operation) and repair of products (goods), delivery of processes (services) with violation of requirements of registered technical procedures, standards and technical conditions in the field of environmental protection shall be prohibited.
To determine compliance with standards and technical conditions in the field of environmental protection the environmental certification shall be accomplished in accordance with an order established by the legislation.

3.8.11 Environmental issues in privatization (Article 27)

Responsibilities of new owners and the state with regard to damage made to the environment; property of legal entities and individuals; and citizens’ health as a result of harmful environmental impact of economic activity accomplished by state enterprises shall be clearly defined during privatization of these enterprises.

Environmental audit shall be accomplished during privatization or any other transfer of enterprises’ ownership rights to assess environmental condition of and the damage made by these enterprises to the environment.

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