Calculation of damage to water bodies. How to correctly calculate damage to water bodies?

Since 05.07.2009 the procedure is in effect, according to which the calculation of damage to water objects is carried out. Order of the Ministry of Natural Resources on 30.03.2007 was canceled. Instead, another normative act was approved. They introduced a new method. How to calculate damage to water bodies? We learn about this from the article.

Calculation of damage to water bodies: Order of the Ministry of Natural Resources of Russia from 2007.

Previously, the operating order was repeatedly criticized. The reasons for this were numerous inconsistencies in legislation, ambiguities, contradictions. The weakest places experts considered insufficient legal validity of application. In addition, the calculation of damage to the water body was not transparent enough. As can be seen from the analysis of judicial practice, there were often situations when the amount claimed for compensation for damage was overstated due to incorrect application of coefficients and arithmetic errors. Of course, it is allowed that shortcomings are unintentional. However, with a detailed study of the claims, it was possible to reduce the amount of sums severalfold.

Features of the circumstances

According to the previous procedure, the calculation of damage to the water body was carried out when there were revealed the facts of non-compliance with the requirements of the legislation. In particular, it was about the violations that led to either leading to its depletion or clogging. From this it can be concluded that the previous method of calculating damage to water objects was applied not only in the presence of real harm, but also in the case of a potentially probable one. This fact, meanwhile, contradicts the Civil Code. In accordance with its provisions, to determine the amount of compensation it is necessary not only to establish a violation of the law. A prerequisite is the determination of the fact of causing harm, that is, immediate consequences. In addition, the guilt of a specific subject, the cause-and-effect relationship of his actions and result is of significant importance. Respondents need to take into account that in practice, often not only is the fact of proof of the consequences, but also their guilt.

Specificity of the application of coefficients

According to many experts, it is very doubtful to use the H and K indices in the formulas for which damage to water objects was previously calculated. They were determined in accordance with the MPC of agriculture. These indicators reflected the water quality standards for fishery facilities. When examining claims for compensation for damage to the court, it is necessary to pay attention to the fact that from 01.01.2007 until 16.03.2010 the list of standards that was approved by the order of the State Fishery Committee No. 96 was inoperative. This list served as an annex to the Rules for the Protection of Surface Waters. They, in turn, have lost force since 01.01.2007. Today the act approved by the order of Rosrybolovstva of 10.01.2010 is in force.

Specificity of calculation

According to the 6th point of the previous Order, the calculation of damage to water bodies was based on the compensation principle of analysis and compensation for damage caused to the environment. At the same time, the amount of expenses necessary for fixing and subsequent elimination of the causes of pollution was taken into account. Amounts of reimbursement should be comparable to the actual costs directed to the restoration of the condition of the facility, taking into account losses, lost profits including, as well as in accordance with the projects of remediation and other works.

Recommendations to the courts

If there is a review of the claims made in accordance with the previous Procedure, the defendant has the right to request a recalculation of the amount, if this will improve its position, that is, reduce the amount of compensation. This rule makes sense. In accordance with clause 12 of the current Procedure, the amount of damage to water bodies from the discharge of harmful compounds, calculated according to the rules of clause 11, is reduced by the amount of actual payment for the overlimit / above-normal discharge.

Additional nuances

At present, the calculation of damage to water bodies is carried out without using an incremental factor that takes into account the duration of the adverse effects of substances in the absence of appropriate measures to eliminate it. Recalculation, according to the rules in force today, will reduce the amount of compensation. In addition, the new method specifies the date of completion of the discharge of polluting compounds in case of repeated violation by the user of the provisions of the legislation. In the previously used procedure, it was determined on December 31 of that year, during which the failure to comply with the requirements was revealed. In other words, the duration of discharges was not taken into account. Meanwhile, accounting for this time will significantly reduce the amount of reimbursement. It is worth noting that in the current procedure, the rules are not included, according to which the calculation of damage to water objects caused by harmful compounds for which the MPC norms of agriculture is not established. Accordingly, if the respondent is presented with requirements in view of these substances, the amount of compensation can also be reduced.

Formula

Calculation of the damage caused to the object due to discharge of polluting compounds in sewage, drainage waters is carried out by the equation:

In this formula:

• Y is the magnitude of the harm;
• Kvg - an indicator that reflects the production and climatic conditions in accordance with the time of year;
• Кв - the factor characterizing ecological factors;
• Kin - the value of indexation, taking into account the inflationary component;
• Hi - tariff for calculating the amount of harm for the release and harmful connection;
• Mi is the mass of the discarded compound;
• Kiz is an indicator reflecting the intensity of the harmful influence of pollutants.

Disadvantages of the current rules

Despite the fact that the accepted calculation methodology (compared to the previous one) underwent a significant change, it also has many shortcomings. In particular, it reveals the ambiguities and contradictions inherent in the old document. In particular, this concerns paragraphs 1 and 2 of the previous methodology. The current procedure details and specifies the list of types of harm caused by violation of legislative provisions. In the text there are direct references to the norms of the Water Code. This circumstance can positively affect the situation of the defendants if they imput a violation not listed.