Licensing of the well for own needs. Artesian Basin of the Moscow Region. Where to go to get a license
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How to avoid a fine to an individual when drilling a well
To answer the question whether owners of land plots in private ownership should be licensed for an artesian well, knowledge of the Law "On Subsoil" will help (art. 19). It states that owners and tenants of land plots who are individuals have the right to extract minerals (to carry out all types of work related to their extraction) that are not on the balance sheet of the state. Also, the owners have the right to erect underground structures at a depth of 5 m, to arrange wells, wells (for the first aquifer) not related to centralized water supply. All works are carried out in accordance with the requirements and procedures established by the regional executive authorities.
Licensing rules
The article of the Law "On Subsoil" does not mention artesian wells. Hence, the license must be obtained for the extraction of any water, the source of which is underground. Otherwise, the owner of the well is waiting for a fine.
Licensing is not subject to:
- the extraction of water from sources not considered state property;
- drilling of wells for the first aquifer, not related to the central water supply.
About whether the water is on the state balance, you can clarify in the Federal Agency for Subsoil Use.
It is important to know! All existing aquifer limestones are on the balance of the state.
Clarify the location of the horizon on the site and find out whether it belongs to the central water supply in the territorial fund of geological information, or in other local organizations that have this information.
In order to obtain the required information, a person wishing to drill an artesian well must fill out an application, to which a map of the location of the land plot is attached (M 1: 10000). The cost of the service is calculated individually according to the tariffs established by the organization.
For example, mandatory licensing requires a well drilled on limestone. How to get a license in this case? In the hands of the applicant must be projects for the performance of drilling operations and the plan of the terrain (zone health protection), developed before the beginning of the work (according to SanPiN 2.1.4.1110-02).
Documentation of the well
If the applicant has all the documents listed on his hands, the following is what you need to do in order not to pay a large fine:
- to obtain a license for geological surveys related to the study of an underground source;
- estimate reserves groundwater with the help of specialists;
- to obtain the results of state expertise on stock assessment.
The cost of a license for an artesian well is quite high and varies between 500,000 and 1,000,000 rubles.
In this case, the site owner will have to pay for drilling work on limestone, which, for example, in the Moscow region cost about 300,000 rubles. for private traders, and from 500 000 rubles. - for industrial customers.
The use of subsoil without a license threatens the owner of the site with an administrative fine:
- the citizen will pay 3 000 - 5 000 rubles;
- an official - up to 50,000 rubles;
- a legal entity - up to 1 000 000 rubles.
It is important to know! Obtaining a license for drilling artesian well is very difficult for individuals, as it is necessary to develop projects, carry out research, determine the zone of sanitary protection.
It often happens that ill-intentioned neighbors are suing the owner of the site where the drilling was conducted. According to this statement, an inspection may be scheduled, during which the Rosprirodnadzor staff will examine the water intake and draw up an act, proving the fact of unauthorized extraction or use of the central water pipeline. As a result, the site owner will be forced to pay a fine in the amount of 3 to 5 thousand rubles and remove the well.
Therefore, individuals who wish to have a source clean water on your site, it is better to seek help from specialists who will be able to perform all the work in accordance with the accepted norms and requirements prescribed in the Russian legislation.
Obtaining a drilling license is only the first stage of the design of the object. After the well is drilled, it needs to be registered and registered.
The object is checked for suitability for operation and it is assigned a cadastral number. Then you need to do the following:
- order a state and environmental examination;
- to equip a sanitary protection zone;
- make a water analysis and obtain documentary evidence of its suitability.
To put the well on the register, the owner must file a package of documents:
- project site, which marked the objects of video surveillance;
- situational project;
- the registration card (drilling);
- document confirming data on the well (technical passport);
- documentary description of equipment (pumps, water meters, pipes).
After commissioning, it is necessary to regularly report to the special authorities on the state of groundwater and pay a tax on their use. Otherwise, the owner of the well faces an administrative fine.
It is important to remember that the license is limited.
The most costly part of the project is the collection of necessary documentation. Drilling takes about a week, and the development of a well takes from 5 to 10 days.
Facility management
Care of the well includes cleaning and timely replacement of the filter. This must be done to avoid siltation of the well. Cleaning is carried out by two methods: blowdown compressed air and washing with high pressure water.
It is important to know! Any deviation, from the requirements and rules established by Russian legislation, threatens the owner of the land plot on which the artesian well is located, an administrative fine.
People who have a country house without water supply sooner or later think of drill a well, and the first question is whether a license is needed for a well, does it need to pay tax, what kind of permits are required?
Here not all so unequivocally. Unlike sand wells , for deep artesian licensing is required under the RF Law "On Subsoil" of February 21, 1992 No. 2395-1. This is a subsoil plot of federal significance, but there are features, which we will discuss below.
How to get a license for an artesian well
The popular opinion is that it is possible to drill a well to a certain depth without permission. The feet of this myth grow out of misunderstanding, how deep is the Buryat basically. On the relationship of the depth of the well with the license is written, there is also important information for individuals.
For registration of documents for the right to use the subsoil, you need to obtain a conclusion from Rospotrebnadzor on the compliance of your territory with the requirements zones of sanitary protection 1 of the well belt (BCO 1). Under this measure, it will be necessary to allocate from their possessions a 30-meter radius around the proposed well, in the case of clay-protected groundwater. Or a radius of 50 m, in case of insufficient protection of the clay layer. This area must be fenced and completely cleared from anything whatsoever. This is done to drain sewage and preserve the natural composition of water.
If the probability of contamination is extremely small, then the radius of the SSS can be reduced to 15 m for protected groundwater and up to 25 m for unprotected. For these purposes, it is necessary to prepare a draft reduction of the zone of sanitary protection of the first belt.
It is necessary to have the following documents:
- Certificate of ownership of land or lease.
- General plan.
- Situational plan.
- The cadastral plan.
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It is also necessary to coordinate the calculation of water consumption in the Federal Agency for Water Resources of Russia. Then get permission to FSUE Geocenter-Moscow, where the design work will be carried out and a detailed design will be drawn up, indicating the depth, geological section, capacity of the aquifer, water composition and so on.
After all, the documents are transferred to the Central Department of Subsoil Use in the Central Federal District, to register the rights to use the subsoil and obtain a license for subsoil use.
Having completed all this, the permission to drill an artesian well will be yours. These licenses for water use are issued for a period of up to 25 years, after which an extension is necessary.
All this time and money, the final price of the license for an artesian well can reach cost of the well turn key or surpass it.
This option is used in cases where several houses are planned to be supplied with water and in factories.
Use of a well without a license
It is clear to everyone that if you follow all the points outlined above, only a person with a palace and adjacent golf courses will be able to obtain a license for an artesian well. The usual summer resident in a garden partnership or in some village physically can not do it. Territorial problems are supplemented by significant monetary expenditures, an endless journey through the cabinets and a waste of time.
Typical owner a country house simply orders the drilling of a well and uses water, not observing either SST or any other restrictions.
Penalty for a well without a license
Responsibility for the use of a well without a license for water use promises a fine in accordance with Articles 7.3.1 of the Code of Administrative Offenses of the Russian Federation and is 3-5 thousand rubles, for individuals, 30-50 thousand rubles, for officials, and 800 thousand - 1 million rubles for legal entities.
Amendments of 2015
Amendments to the Law on Subsoil 2015.
According to the amendments made to the Law on Subsoil, from 2015 it is allowed to drill artesian wells without a license in their own area, if they do not exploit aquifer, used for centralized water supply settlement. All water-carriers located ABOVE are allowed to operate.
The department for the subsoil use of the CFA (or your county) will answer which aquifer is used for central water supply.
And the most important thing: The issuance of licenses for drilling a well is not provided to private persons.
Well license for individuals 2016
In connection with publications in the media in 2016 on the need to pay a fine for a well without a license, a panic, shock and fear of ordering a well and getting problems arose among the truckers.
This is incorrect information, which the journalists, perhaps because of a misunderstanding, filed not quite right. Actually, it was a question of legal persons and IP, which provide a service for obtaining water. A natural person, an ordinary summer resident who uses water for his own needs, can continue doing this without well licensing.A well used for collective water use requires a license.
In order to drill an artesian well into the water, it is necessary to issue a lot of documents that will give you a license for the well and registration.
Licensing of artesian wells is a certified right to use subsoil. To get a license for an artesian well, you need to know if you can drill a well at all on your site. Permission or prohibition depends on the size of the site and objects in the adjacent territory.
What are the criteria for issuing permission to drill an artesian well
Obtaining permission to drill an artesian well is possible without problems if:
Documents should be given to the staff of the Department for Subsoil Use and after obtaining a license, you can start drilling by contacting the company to drill artesian wells. Further all the documentary works will be conducted by specialists of this company.
The license for a well for individuals - in contrast to the license for legal entities
In theory, the state does not enter into a relationship with private individuals for a license for subsoil use.
Drilling a well without a subsoil use license can result in a fine for a citizen in the amount of 3 to 5 thousand rubles, that is, if you drilled a well on your own site and use water from this well, then after you can be brought to court for illegal use of subsoil . Therefore, it is necessary to comply with all the formalities and still get a license - it will be your assurance of the legality of the use of water in your area.
Obtaining a license for a well for individuals is possible without problems if:
- In the district for 60 meters at least there are no buildings (that is, literally, a clean field)
- In the district for 400 meters there are no landfills, sewers, cattle cemeteries, places for utilization of farm waste
- In the district for 600 meters there are no objects of chemical contamination - factories, factories, gas stations.
To obtain a license for an artesian well, the owner of the land must have the following documents:
- A certificate confirming your right to own land
- Master plan demonstrating the development of the site
- Cadastral and situational plans
License for a well for legal entities
A well for water can be a need not only of a private homeowner, but also of representatives of various organizations and enterprises that are legal entities.
The license for a well for legal entities is formalized taking into account the receipt of rights to use a subsoil block for geological study and to use subsurface resources for the purpose of extracting water. Thus, a legal entity is required to obtain two licenses.
Documents are issued in the following order:
- Registration of a license for the right to geological study of subsoil;
- Development of the project and work on the assessment of groundwater resources;
- Registration of a license for subsoil use
For each of the stages takes about 3 months, and the more documents need to be prepared and agreed, the higher is the final cost of obtaining a license.
How much does it cost to get a license for an artesian well?
The authorization to drill a well will result in an average person in the amount of 100,000 rubles to 1 million rubles, an allowance for industrial wells, of course, will cost higher amounts.
Given the complexity of procedures described above plus the amount spent on inspections, examinations and receipt of papers, it is very difficult to obtain a license for a well to an individual.
Our company is engaged in drilling and arranging wells for water in the Moscow region. In the company "Burenie-M" not only provide you clean water, but also help with advice, will prompt the right ways solutions.
You may also be interested in the following information on the preparation of documentation for drilling wells:
- Calculation of the water level in various areas of the MO
September 1, 2016 will expire the term "water amnesty", which was introduced by the Ministry of Ecology of the Moscow region in early 2016. This amnesty provided time for all owners of unregistered water wells to license their autonomous source water. On the first day of autumn, raids will begin to identify illegal wells, and their owners will be punished with fines. For individuals, the amount of a fine to extract water from an unlicensed well will be from 3 to 5 thousand rubles, for legal entities - from 800 thousand to 1 million.
Mandatory licensing of water wells in the legislation Russian Federation it is registered since 1992. However, there was no special control over the number of drilled wells and their quality. In some areas of the Moscow region, there are even vodokanals that do not have such licenses. The Minister of Ecology of the Moscow Region Alexander Kogan in his interview to the newspaper "Izvestia" said that the main problem is that most well owners do not know that drilling and production of water from it - this is one of the types of subsoil use, for which you need to obtain the appropriate license.
From the beginning of 2016, the specialists of the Ministry of Ecology held meetings in municipalities, and organized raids on garden associations, during which they informed owners about the need for licensing their water sources and explained the algorithm of actions for their licensing. During the raids, violators were issued with instructions on the need for licensing, but no one imposed penalties on the owners. For those owners who have time to submit documents for licensing before September 1, the fine is also not threatened.
First of all, September will begin to identify violators among legal entities, but not among private traders. So, in one of the districts of the Moscow region, the Ministry staff discovered a state farm, which operated 14 wells without permission. And this is just one of the many offenders. A lot of water canals operate underground water sources illegally.
According to the Minister of Ecology Alexander Kogan, the problem of uncontrolled extraction of water from underground sources leads to depletion of reserves, and non-observance of the rules for using water leads to its contamination. Ultimately, the issue of controlling the extraction of water from underground sources is a question of controlling its quality and its suitability for use in food.
According to Roshydromet, in Moscow there are more than 10 000 wells. Only half of these wells have been licensed.
Which well does not need a license?
According to law private well on the site can be used without a license. For this, the well must satisfy 3 conditions:
- The volume of extracted water should not exceed 100 m3 per day.
- Water should be extracted above the aquifer, which is the source of central water supply.
- The extraction of water is carried out for own needs, and not for carrying out entrepreneurial activities.
If your well does not satisfy at least one of the above conditions, you will need to either obtain a license or tamp down the well. If you do not do any of these actions, you will be fined according to the Code of Administrative Offenses.
How do you know if the aquifer is a source of central water supply?
To be sure that your well does not use an aquifer that is a source of central water supply, you need to apply with a map application (scale 1: 10000) with plotting your site on it in TFGI (Territorial Geological Information Fund). Written response from TFGI will be the conclusion that will remove all questions about licensing your well from Rosprirodnadzor.
What if you have an artesian well?
If your district does not have a central water supply, then you are allowed to drill wells to any aquifer. Otherwise, you need to get a license.
If the controlling authorities establish the fact of using water from artesian aquifers without an appropriate license, you will be issued with an order to eliminate the violation. You will either be required to file an application for the licensing of the well, or to enclose it. If the violation is not eliminated, the offender will be fined.
Having made the decision to build a dacha or a country house, you are asking the question of finding water to provide a home with all amenities. If centralized water supply networks do not pass near the site, then the only way out in this situation will be the construction of a well. It can be drilled after hydrogeological studies have been carried out on the territory and the best place for water withdrawal has been chosen. However, do not think that this will end all your problems. You will also need a license for a well for individuals. We will tell you what hydrogeological structures it needs to receive, how to do it, and what documents will be needed.
Features of licensing wells
By the current laws of the Russian Federation, water from underground horizons has been classified as mineral. As a result, the owners of hydraulic structures are now required to obtain a permit to extract water at their site. In this case, the permit for the well should be obtained if you plan to use water from the source for the following purposes:
- watering the garden in the territory of the site;
- devices of the water supply system in garden associations or cottage settlements;
- water supply of enterprises according to the technological process;
- for household use in a private house;
- as a source drinking water.
To register a license, you need to contact the issuing companies. At the same time, such organizations are engaged not only in issuing a license for pumping water from underground sources, but also help get permission to drill a well.
Important: also in this institution it is possible to legalize water use, that is, to issue a license for a drilled well without permission. There you can put an already functioning artesian source on the register.
Licensing procedure
Licensing of wells is carried out in accordance with the Administrative Regulations. The list of documents has been approved and approved by the Ministry of Natural Resources.
To start drilling a well on the site, you need to obtain the appropriate permission to study underground reserves. This document allows you to drill wells only on your site and conduct a study of water horizons. When obtaining a permit for an operating facility, it is only permitted to estimate underground water reserves for 3-5 years.
The license for pumping water out of the well is valid for a quarter of a century. To obtain such a document, it is necessary to evaluate the underground source and draw up a protocol. All this is done by a specially convened commission.
It is important to know: if you have permission to explore the subsoil on your own site, that is, the drilling that was completed before the receipt of data on water supplies, then you can start using the source only after agreeing it with the Department of subsoil use. In this case, the term will be discussed separately.
In order to obtain permission to receive water from an artesian well, it is necessary to have three sanitary protection zones around the source. At the same time, according to the instructions, licensing of an artesian well is performed for private entrepreneurs, individuals and legal entities.
When using the source without permission, a fine of:
- for individuals it is 3-5 thousand rubles;
- for legal representatives it is equal to 800 thousand -1 million rubles;
- for officials the fine will be in the range from 30 thousand to 50 thousand rubles.
By collecting all necessary documents and obtaining a license, you can do it yourself or entrust the design of an organization that will take a certain payment for it. But as a result, on your hands you will have all the necessary documents permitting the use of the source.
What if you want to build an artesian well?
To get water from the first aquifer at its site (wells on sand of shallow depth), you do not need to get any licenses. However, it is possible to draw conclusions about which of the reservoirs is the upper one only with the help of hydrologists and administration (often the depth of its occurrence indicates the location of the horizon). Therefore, before drilling a well, it is worth thoroughly studying the laws on the use of minerals in your region.
If you want to get quality water, then you will need to build an artesian well. The depth of this hydraulic structure is the largest. At the same time, it is necessary to make out all the documents and get permission to perform drilling operations. Their actions must be coordinated with Rospotrebnadzor.
To do this, you need to do the following:
- First of all, you need to contact the local authorities acting on behalf of the Ministry of Natural Resources. They will consider the possibility of building artesian excavation on your site.
- Then a commission of hydrogeologists and workers of Rospotrebnadzor will be formed. They will visit your site and inspect the future construction site.
- After that, they will draw a conclusion about whether or not to carry out the construction of an artesian well. If refusal is given, then the reasons are necessarily indicated.
It is important to know: the most likely to have a permit for the construction of artesian wells are those who do not have other hydraulic structures or centralized water supply networks near the house. Also, the owners have the advantage, who will be able to organize a sanitary-protective belt around the source.
When the permit is issued, it is possible to begin to register a license and register a well.
Required documents
In order to obtain permission to conduct drilling operations, to license wells for water, or to start registering a hydraulic structure, you will need to file the following documents with the appropriate authorities:
- Papers confirming your right to own a site and country house. This can be a contract of sale or a lease.
- The general and cadastral plan of the land plot will also be needed. There should be shown the surrounding buildings, the boundaries of the territory are identified, as well as the location of the well and the boundaries of the sanitary- security zone.
- With the regional water resources management, it is necessary to harmonize the balance of water consumption and sanitation. The need for water resources can be calculated independently, guided by the norms. After that, the figures can be coordinated in the regional department of the relevant organization.
- After establishing the total number of drains, you need to get a document that can confirm that all drains will not fall just into the ground. To do this, you need a contract for drainage or an approved design of cleaning devices. All data can be submitted in the form of a table or in another form, which is convenient to the vodokanal.
- Роспортребнадзор should give out to you the sanitary-and-epidemiologic conclusion concerning land distribution. There, the size of the sanitary protection zones is specified and recommendations are given for improving the quality of drinking water. Usually the dimensions of the guard zone are 30x30 m around the source. This area should be fenced and cleaned of debris. In connection with these, it can be concluded that the arrangement of such a well can only be done on a site of at least 10 sotkas.
- Then it is worth to contact the regional geological center, where the subsoil in the region is monitored. There you need to get an opinion for the project. This project is coordinated with Rospotrebnadzor.
- After that all the collected documents can be submitted to the licensing organization.
It is worthwhile to know: usually it takes from six months to one year to agree and receive all necessary documents.
When do I need a license?
If the depth of your hydraulic structure is not more than 50 m, that is, you drill a well for sand, then you do not need to get a license. Some owners of suburban areas are interested in the question of whether they need to receive paper for the construction of a water intake for seasonal use. Licensing does not depend on the seasonality of the use of water intake and the designation of your site. The decisive factor in the issue of licensing is the depth of the hydraulic structure. If it is more than 50 m, then you need to get a license in any case.
As for the issue of obtaining a license for drilling work on the construction of a geological exploration well, the answer is positive. And it does not depend on the depth of penetration. To obtain a permit for such drilling, you will need to collect the same documents as for issuing a license for a water-bearing well.
