Практика применения методики исчисления размера вреда водным объектам при нарушении водного законодательства

Abstract

Some examples of the practice of application of the calculation method for determination of the damage to a water body due to any infringement of water legislation (in respect of the pollutants discharge to water bodies) have been discussed. Drawbacks of the methodology causing impugnment by companies the results of the damage amount calculation done by Rosprirodnadzor bodies have been systematized. The methodology per se can be considered adequate though some of its provisions require deeper explanations in order to secure unambiguous interpretation in the process of their application. Key provisions of the methodology that can be considered inadequately elaborated comprise algorithms of the discharged pollutant mass determination, duration of the waste waters with these pollutant high content discharge, as well as indices used in these calculations. The said imperfections can be dealt with on the level of regulating official documents. A conclusion on the necessity of some supplements to the order of procedure of indemnity for a damage to water bodies due to the contaminated waste waters discharge has been done: the damage amount is to be assessed for a particular water body, beside the calculation with the use of the standard methodology.