The next session of the Legislative Chamber of the Oliy Majlis considered the bill "On measures to eliminate the rise of dust and sand particles in construction" submitted by the Ministry of Ecology, Environmental Protection, and Climate Change, and it was adopted at the first reading. The Ministry of Ecology reports this.
It is emphasized that today, in the cities of our republic, cases of dust rise occur frequently (on average 50–80 days a year), and the content of fine dispersed particles in the air formulates an average of 10 times higher than the established norm (annual 5 µg/m.cub), which negatively affects the lifestyle, life, and health of the population. The increase in the number of construction sites in the republic, as a result of which dust and sand particles are raised into the air by the wind from their areas, is also a reason for the emergence of this negative situation.
In the last three years, the number of construction sites has tripled, amounting to 35.2 thousand by the end of 2023 (32 thousand in 2022, 31 thousand objects registered in 2021). According to calculations, an average of 50 tons of dust and sand is raised into the air annually from an open construction area of 500 sq. m.
Legislation does not specify clear liability for allowing the rise of dust into the air within the requirements for protecting the atmospheric air and urban planning rules.
Based on the Decree of the President of the Republic of Uzbekistan on the State Program for 2024, mandatory requirements (using sprinklers and water sprayers to suppress dust) for eliminating the rise of dust and sand particles in the construction site and its access roads have been included in the urban planning rules. Therefore, it is necessary to increase the responsibility of contractors regarding indifference to dust and pollution by specifying the liability for violations related to atmospheric air in construction.
The experience of leading foreign countries was studied in the development of the new bill. Through the new Article 85(1) of the Code on Administrative Responsibility for "Non-compliance with the requirements for the protection of atmospheric air at construction sites," administrative liability is being introduced, with officials facing a fine of 10 times the base calculation amount (3 million 750 thousand UZS), and if the offense is repeated within 1 year after the imposition of the penalty, a fine of 50 times the base calculation amount (18 million 750 thousand UZS) is being set for officials.
For reference, in Kazakhstan, entrepreneurs are fined up to 8,200 dollars for this violation, in Belarus, legal entities – up to 2,440 dollars. In Russia, a fine of up to 208 dollars or suspension of activity for up to 90 days is envisaged (according to the amendment introduced in 2007).
As a result of the amendments introduced within the framework of the new bill:
— at construction sites, competent authorities are notified or, based on an agreement, special measuring equipment is used to determine the contamination of the air with dust and sand particles according to established norms;
— during environmental control, immediate measures are taken to stop the rise of dust and sand particles in the construction;
— construction and contracting organizations will not allow the rise of dust and sand particles into the atmosphere;
— the effectiveness and coverage of state environmental control over activities that pollute the environment will be increased, thereby preventing the consequences of negative impacts.
