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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending decisions of:

21 December 2017 [shall come into force from 1 January 2018];
8 March 2018 [shall come into force from 13 March 2018];
7 March 2019 [shall come into force from 15 April 2019].

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Decision No. 1/15 of the Board of the Public Utilities Commission

Adopted 23 October 2014

Provisions of General Authorisation and Regulations Regarding the Registration and Submission of Information for Solid Waste Disposal Service at Landfills for Solid Waste

[Decision No. 1/38 of BPUC of 21 December 2017]

Issued pursuant to
Section 18.1, Paragraphs two and four, and Section 25, Paragraph one of
the law on Regulators of Public Utilities

I. General Provision

1. Provisions of general authorisation and regulations regarding the registration and submission of information for solid waste disposal service at landfills for solid waste (hereinafter - the Regulations) prescribe:

1.1. the requirements for the registration of providers of the solid waste disposal service (hereinafter - the merchant) at landfills for solid waste (hereinafter - the landfill);

1.2. the procedures by which the merchant shall send a registration notification or a notification on termination of activities to the Public Utilities Commission (hereinafter - the Regulator);

1.3. the information to be included in the registration notification and the notification on termination of activities;

1.4. the information to be included in the Register of Merchants;

1.5. the procedures by which the merchant shall be excluded from the Register of Merchants and re-registered;

1.6. the procedures by which the Regulator shall inform the submitter of a registration notification of the time period within which it will be registered, of the right to commence the provision of public utility service, if the decision of the Regulator to refuse to register the submitter of a registration notification has not been received within the specified period, and of the possibilities to appeal the respective decision of the Regulator;

1.7. the provisions of general authorisation to be complied with by the merchant in providing the solid waste disposal service at the landfill (hereinafter - the provisions of general authorisation);

1.8. the procedures by which the merchant shall submit information to the Regulator, and also the content, amount and deadline of the information to be submitted.

[Decision No. 1/38 of BPUC of 21 December 2017; Decision No. 1/6 of BPUC of 8 March 2018]

II. Registration Notification and Notification on Termination of Activities

2. The merchant shall send the Regulator a notification on registration, which is drawn up in accordance with Annex 1.

3. The merchant shall submit the Regulator information regarding changes in the name, zone of activities thereof, and also in the rest of the information included in the Register of Merchants within 30 days after making the respective changes.

[Decision No. 1/38 of BPUC of 21 December 2017]

4. If the merchant ceases to provide the solid waste disposal service at the landfill, it shall send a notification to the Regulator on termination of activities in accordance with Annex 2.

5. The merchant shall be liable for the veracity of the provided information.

6. The Regulator has the right to request the merchant to clarify the information included in the registration notification and the notification on termination of activities. The registration notification and the notification on the termination of activities shall be regarded as having been submitted on the day when the Regulator has received all the necessary information.

[Decision No. 1/38 of BPUC of 21 December 2017]

7. If the notification is submitted electronically, electronic copies of documents supporting the notification shall be attached and attested with a secure electronic signature and time stamp in accordance with the laws and regulations regarding drawing up of electronic documents.

8. After receipt of the registration notification, the Regulator shall send the following information to the e-mail address indicated by the merchant in the registration notification within five working days:

8.1. the time period within which the merchant will be registered with the register;

8.2. the right to commence the provision of public utility service, if the decision of the Regulator to refuse to register the merchant with an indication of the possibility of appealing the decision has been received within the specified period.

III. Register of Merchants

9. The Regulator shall maintain and update the Register of Merchants on its website www.sprk.gov.lv, indicating the last date of update.

10. The Register of Merchants shall include the following information:

10.1. name;

10.2. unified registration number;

10.3. [Decision No. 1/30 of BPUC of 21 December 2017];

10.4. amount of solid waste accepted at the landfill (t per year);

10.4.1 amount of solid waste disposed at the landfill (t per year);

10.5. name and address of the landfill where the solid waste disposal service is provided, and the waste management region serviced by the landfill;

10.6. registration date;

10.7. whether the merchant has been excluded from the Register of Providers of the Service of Solid Waste Disposal Service at Landfills for Solid Waste, the date when the merchant was excluded from the register.

[Decision No. 1/6 of BPUC of 8 March 2018]

IV. Procedures for Excluding the Merchant and Suspending Its Activities

11. The merchant shall notify the Regulator of suspending activities of a merchant no later than 30 days in advance.

12. The merchant shall notify the Regulator of the termination of the provision of the service of solid waste disposal at landfill no later than 90 days in advance.

13. The Regulator shall exclude the merchant from the register:

13.1. after receipt of a written notification from the merchant, if the merchant has paid the State fee for the regulation of public utilities and submitted information to the Regulator related to the calculation of the State fee;

13.2. if the merchant has been excluded from the Commercial Register;

13.3. if conditions demonstrating that the activities of the merchant must no longer be regulated in accordance with the law On Regulators of Public Utilities or other laws and regulations of the respective field have been found;

13.4. if the economic activity of the merchant has been suspended;

13.5. if the merchant has repeatedly violated the provisions of general authorisation.

[Decision No. 1/38 of BPUC of 21 December 2017]

13.1 If the merchant at the moment of submitting the notification on the termination of its activities has not paid the State fee in accordance with the procedures specified in laws and regulations, the Regulator shall take a decision in which it shall prescribe the merchant the obligation to pay the debt of the State fee. If the merchant does not comply with the decision of the Regulator on the payment of the debt of the State fee, the Regulator shall ensure the compliance with the decision of the Regulator in accordance with laws and regulations.

[Decision No. 1/38 of BPUC of 21 December 2017]

14. If the Regulator finds evidence of an administrative violation in the activities of the merchant, the Regulator shall initiate proceedings within the framework of an administrative violation case in accordance with the laws and regulations in the field of administrative liability.

[Decision No. 1/6 of BPUC of 7 March 2019]

15. If within a year the merchants repeatedly commits a similar violation, the Regulator shall initiate proceedings within the framework of an administrative violation case in accordance with the laws and regulations in the field of administrative liability and may take a decision on the exclusion of the merchant from the Register of Merchants.

[Decision No. 1/6 of BPUC of 7 March 2019]

16. [Decision No. 1/6 of BPUC of 7 March 2019]

17. [Decision No. 1/6 of BPUC of 7 March 2019]

18. For re-registration, the merchant shall send a notification to the Regulator in accordance with Paragraph 2 of these Regulations.

19. The Regulator shall make a note in the register on suspending economic activities of the merchant on the basis of a mandatory requirement of the State Revenue Service, which has been sent to the Regulator in accordance with the law On Taxes and Duties.

20. The Regulator shall make a note in the register on suspending activities of the merchant on the basis of an entry in the Commercial Register on suspending activities of the merchant.

V. Provisions of a General Authorisation and Regulations Regarding the Submission of Information

[Decision No. 1/38 of BPUC of 21 December 2017]

21. The merchant has the right and obligation to perform commercial activities in solid waste disposal service at landfill in accordance with the law On Regulators of Public Utilities, special laws and regulations of the regulated field and the decisions of the Regulator.

21.1 After the merchant has been registered in the Register of Merchants, it shall, within six months from the day of registration, submit to the Regulator a draft tariff that has been calculated in accordance with the methodology for the calculation of the tariff for solid waste disposal service determined by the Regulator together with the justification of the costs forming the tariff referred to in the calculation of the draft tariff. If due to objective reasons the merchant cannot submit a calculated draft tariff together with the justification of the costs forming the tariffs referred to in the calculation of the draft tariff within six months, the merchant shall, not later than 30 days before the expiry of the six-month period, request the Regulator to determine another time period for the submission of the draft tariff and justification of the costs forming the tariffs referred to in the calculation of the draft tariff by indicating the objective reasons. Until the Regulator approves the draft tariff, the merchant shall apply the tariff previously determined for the solid waste disposal service to the settlements with customers of public utilities service.

[Decision No. 1/6 of BPUC of 7 March 2019]

22. The merchant must ensure continuous provision of public utility service, conformity with the safety requirements of public utilities laid down in the regulated field, as well as the quality of public utilities in accordance with the law On Regulators of Public Utilities, and laws and regulations, technical regulations, standards and contractual provisions in the regulated field.

22.1 Upon a reasoned request of customers or other persons, the merchant shall ensure the provision of the public utility service in accordance with the procedures provided for in the laws and regulations, if the financial capacity of the merchant or the technical capacity of the objects or infrastructure allows it.

[Decision No. 1/38 of BPUC of 21 December 2017]

23. The merchant shall inform the Regulator on a regular basis of its activities and changes therein in accordance with laws and regulations and decisions of the Regulator.

24. The merchant shall provide to the Regulator information in accordance with the law On Regulators of Public Utilities, special laws and regulations in the regulated field, and decisions and requests of the Regulator. The merchant shall submit information to the Regulator in accordance with the procedures provided by it.

[Decision No. 1/38 of BPUC of 21 December 2017]

24.1 Once per calendar year, within two weeks after the deadline specified in the Law on the Annual Financial Statements and Consolidated Financial Statements for the submission of annual financial statements to the State Revenue Service, the merchant shall submit to the Regulator the report laid down in Annex 3 to the Regulations on the activities of the merchant in general, the amount of public utility service actually provided, costs and income in the reporting year, information regarding significant changes in the managed amount of waste or technological changes made or planned in the activities of the merchant, and also regarding economic activities started or terminated in the reporting year.

[Decision No. 1/38 of BPUC of 21 December 2017]

25. The merchant shall provide the Regulator with an opportunity to monitor the quality of the provision of public utility service and conformity with the provisions of general authorisation. The merchant shall provide the Regulator with information regarding the results of economic and financial activities of the merchant, as well as provide the Regulator with access for inspections.

26. The merchant shall arrange separate accounting for each type of public utilities service in accordance with the special laws and regulations of the regulated field.

27. In case of force majeure circumstances, the merchant has the obligation to take all the necessary measures to continue to conform to and fulfil the provisions of general authorisation.

28. The merchant shall pay the State fee for the regulation of public utilities in the amount and in accordance with the procedures laid down in laws and regulations.

29. The merchant has the right to suspend, cease or terminate the provision of public utility service in accordance with the procedures laid down in laws and regulations.

VI. Final Provisions

30. Merchants having a valid licence to dispose solid waste at landfill on the day of coming into force of this Regulation need not submit a registration notification. The Regulator shall register such merchants with the Register of Merchants upon its own initiative.

31. This Regulation shall come into force on the day following the publication thereof in the the official gazette Latvijas Vēstnesis.

Acting in the capacity of the Chair of the Board of
the Public Utilities Commission, board member R. Irklis

 

Annex 1
Decision No. 1/15 of the Public Utilities Commission
23 October 2014

[Decision No. 1/6 of BPUC of 8 March 2018]

Notification on Registration of the Provider of Solid Waste Disposal Service at the Landfills for Solid Waste

General Information Regarding the Merchant

Name of the merchant: Unified registration number:
Given name, surname of the person entitled to represent the merchant: Telephone, fax:
[X] Electronic mail address:

 

[X] I agree that the Regulator shall send documents and notifications to the electronic mail address indicated in this registration notification, using the official electronic mail address of the Regulator sprk@sprk.gov.lv, in accordance with Section 9, Paragraph two of the Law on Notification, and they shall be deemed as notified on the second working day after sending thereof. The Regulator and the merchant may also use other means of notification specified in the Law on Notification in their mutual communication.

I am informed that the information regarding the State fee calculated for the regulation of the public utility service must be submitted to the Regulator in accordance with the procedures and within the time period specified by it not later than within 30 days after registration of the merchant in the Register.

Please register

(name of the merchant)

for the provision of the public utility service - solid waste disposal service at the landfill of waste.

Information Regarding the Provision of Solid Waste Disposal Service at the Landfills for Solid Waste

1. Address and name of the landfill  
2. Waste management region serviced by the landfill  
3. Contract with each local government in the waste management region from the administrative territory of which solid waste is accepted for the provision of the solid waste disposal service at the landfill (indicate the local government and the term of validity of the contract)  
4. Number and date of issuance, term of the permit for polluting activities issued by the State Environmental Service  
5. Amount of solid waste planned to be accepted at the landfill (t per year)  
6. Amount of solid waste planned to be disposed at the landfill (t per year)  

I hereby confirm that the merchant has the technical equipment - fixed assets, which may ensure the continuity and quality of the solid waste disposal service at the landfill of waste in accordance with the requirements of laws and regulations.

I hereby confirm that the information provided is true.

Date _______._______._______________

Person entitled to represent the merchant  
 

/signature and full name thereof/

 

 

Annex 2
To decision No 1/15 of the Public Utilities Commission
23 October 2014

[Decision No. 1/38 of BPUC of 21 December 2017]

Notification on Termination of Activities

Name of the merchant: Unified registration number:
Given name, surname of person entitled to represent the merchant:
[X] Electronic mail address: Telephone, fax:

[X] I agree that the Regulator shall send documents and notifications to the electronic mail address indicated in this notification on the termination of activities, using the official electronic mail address of the Regulator sprk@sprk.gov.lv, in accordance with Section 9, Paragraph two of the Law on Notification, and they shall be deemed as notified on the second working day after their sending. The Regulator and the merchant may also use other means of notification specified in the Law on Notification in their mutual communication.

Please exclude

(name of the merchant)

from the Register of Providers of the Service of Solid Waste Disposal Service at the Landfills for Solid Waste from __ _____ ______*

Indicate the grounds for exclusion**_______________________________________

State fee in the amount of EUR _______ for the regulation of public utilities in _____ [year] was paid on ____ _______________ 20____.

I hereby acknowledge that the respective local government(s) is (are) informed.

Date ___._________.____

Person entitled to represent the merchant

/signature and full name thereof/

Notes:

* - if the merchant has indicated a date before which the Regulator may exclude the merchant from the register, the Regulator shall exclude the merchant from the register on the date indicated by the Regulator, indicating it in the register.

** - need not be indicated, if the merchant is excluded from the Commercial Register. If the merchant ceases to provide the service of solid waste disposal at the landfill, the merchant which will provide this service shall be indicated.

 

Annex 3
Decision No. 1/15 of the Public Utilities Commission
23 October 2014

[Decision No. 1/6 of BPUC of 8 March 2018]

Name of the merchant  
Unified registration number  
Name of the landfill  
Reporting period  

Regulated sector: provision of the solid waste disposal service at the landfill

Report on the Amount, Costs and Revenue of the Services Provided in __________________[1]

No.

Indicators

Unit of measurement

Designation/calculation[2]

Amount, costs and revenue of services in the reporting year

1

2

3

4

5

1. Revenue (net turnover), including:

EUR

   
1.1. revenue from the tariff for the solid waste disposal service with the natural resources tax*

EUR

   
1.2. other revenue from main activities by the types of activities, including:

EUR

   
1.2.1.      
1.2.2.      
2. 10. Full costs[3], including:

EUR

IP= (Inol + Iekspl + Inod + Ik) - Ien + Ir(0%)

 
2.1. 1. depreciation of fixed assets and the write-off value of intangible investments

EUR

Inol.

 
2.2. 2. staff costs

EUR

Ipers

 
2.3. 3. other costs of economic activity, including:

EUR

Isaimn

 
2.3.1. 3.1. operating, repair and maintenance costs of vehicles, equipment, mechanisms and structures, and also costs of materials for ensuring solid waste disposal service (including lease) for the following processes:

EUR

   
2.3.1.1. 3.1.1. costs of mechanical biological pre-treatment of solid waste for disposal

EUR

   
2.3.1.1.1. 3.1.1.1. costs of mechanical pre-treatment of solid waste

EUR

   
2.3.1.1.2. 3.1.1.2. costs of biological treatment of waste (composting, anaerobic digestion, transportation to treatment facility, etc.)

EUR

   
2.3.1.1.3. 3.1.1.3. costs for the preparation of waste for further regeneration after mechanical processing (preparation for processing, transfer for processing, etc.)

EUR

   
2.3.1.2. 3.1.2. costs for the acceptance of solid waste at transfer stations and for transportation to the landfill

EUR

   
2.3.1.3. 3.1.3. costs for the provision of solid waste disposal

EUR

   
2.3.1.3.1. 3.1.3.1. costs of transportation and placing of inert waste to the landfill cell, levelling, compacting, forming daily cover and slopes, building roads for the landfill cell, maintenance thereof and other costs not included in the other technological processes

EUR

   
2.3.1.3.2. 3.1.3.2. costs for collecting and utilising landfill gases

EUR

   
2.3.1.3.3. 3.1.3.3. costs for the management of landfill leachate and other wastewater

EUR

   
2.3.1.4. 3.1.4. costs for the maintenance of objects of the landfill infrastructure other than included in other cost items

EUR

   
2.3.2. 3.2. costs for control and protection of the environmental condition during the operation of the landfill

EUR

   
2.3.3. 3.3. costs for the management and transfer of hazardous waste segregated from solid waste

EUR

   
2.3.4. 3.4. costs for financing public education measures in the relevant waste management region

EUR

   
2.3.5. 3.5. costs for research and development activities

EUR

   
2.3.6. 3.6. costs for the closure and recultivation of a landfill and costs related to the monitoring and maintenance of the closed landfill

EUR

   
2.3.7. 3.7. costs of administration which are not included in other cost items

EUR

   
2.3.8. 3.8. fee payments

EUR

   
2.3.9. 3.9. other costs

EUR

   
2.4. 4. operating costs

EUR

Iekspl= Ipers + Isaimn

 
2.5. 5. tax payments

EUR

Inod

 
2.6. 6. credit interest payments and capital reimbursement, incl. costs related to the financial guarantee or equal guarantee by the landfill operator

EUR

Ik

 
2.7. 7. revenue** by which the costs should be reduced in accordance with the methodology

EUR

Ien

 
3. 11. Amount of solid waste accepted at the landfill[3]

t

Q

 
4. 12. Amount of solid waste disposed at the landfill[3]

t

Qap

 
5. 13. Proportion of the amount of solid waste disposed and accepted at the landfill, [3]

%

Qap/Q

 
6. The natural resources tax* rate in accordance with the Natural Resources Tax Law

EUR/t

DRN

 
7. 14.3. Costs of the solid waste disposal service with natural resources tax per tonne[3], including:

EUR/t

Tar DRN = Kap + MDRN

 
7.1. 14.1. component of the solid waste disposal service

EUR/t

Kap= Ip / Q

 
7.2. 14.2. The natural resources tax* for the amount of the disposed solid waste

EUR/t

MDRN= Qap/ Q * DRN

 
8. Remaining capacity of the landfill cell***

m3

   
9. Density of the waste disposed at landfill cell***

kg/m3

   
10. Amount of the managed landfill leachate

m3

   
11. Amount of the collected biogas

m3

   

* The natural resources tax for the disposal of solid waste

** income that has been directly or indirectly gained from the use of the infrastructure of the landfill, and revenue obtained thereby from trade in recoverable material separated, reducing the revenue by costs for the preparation of recoverable material separated for trade

*** based on the measurements made in the reporting year

The merchant shall submit to the Regulator an explanation of the changes that have occurred in the reporting year by comparing the information included in the applicable tariff and the report for the previous year, information regarding significant changes in the amount of managed waste or technological changes in the activities of the merchant made or planned, and also regarding economic activities started or terminated in the reporting year.

Explanations:
 

[1] Information must be prepared in accordance with the provisions of the methodology issued by the Public Utilities Commission for the calculation of the tariff for solid waste disposal service.

[2] Designations conform to that laid down in the methodology issued by the Public Utilities Commission for the calculation of the tariff for solid waste disposal service.

[3] Indicators and numeration conform to the items laid down in the methodology issued by the Public Utilities Commission for the calculation of the tariff for solid waste disposal service.

Date ____.____.__________________

Person entitled to represent the merchant  
 

/signature and full name thereof/

 
     
 
/given name, surname of the person who prepared the document/  

Telephone __________________

E-mail __________________

 


Translation © 2019 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Public Utilities Commission Type: decision Document number: 1/15Adoption: 23.10.2014.Entry into force: 28.10.2014.Publication: Latvijas Vēstnesis, 212, 27.10.2014. OP number: 2014/212.8
Language:
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