The activities of many HSE specialists are related to the operation of their own waste disposal facilities (WDF) and the need to monitor environmental components, including surface and groundwater. To monitor groundwater, a network of observation wells is organized, the depth of which depends on the geological and hydrological characteristics of the region.
The question arises: if observation wells are clearly indicated in the design documentation for the construction of the WDF, is there a need to obtain any other permits? Let's look into this issue in more detail.
I. Right to Subsoil Use
Any work on geological study, including monitoring the state of the subsoil, controlling the groundwater regime, and the construction and operation of underground structures not related to the extraction of minerals, including the construction and operation of wells, is carried out after obtaining a license for the right to use a subsoil plot for the specified purposes, granted in accordance with Federal Law No. 2395-1 dated February 21, 1992, "On Subsoil" (hereinafter referred to as the Law of the Russian Federation "On Subsoil").
A subsoil use license is a document certifying the right of the subsoil user to use a subsoil plot within certain boundaries in accordance with the purpose specified therein for a set period, provided that the subsoil user complies with the conditions stipulated by this license (Art. 11 of the Law of the Russian Federation "On Subsoil"), i.e., the license is issued for subsoil use, not for the construction and operation of observation wells.
The grounds for granting subsoil use rights are exhaustively defined in Article 10.1 of the Law of the Russian Federation "On Subsoil." Thus, according to paragraph 6 of clause 4 and paragraph 1 of clause 7 of Article 10.1 of the Law of the Russian Federation "On Subsoil," the basis for granting the right to use a subsoil plot for the construction and operation of underground structures not related to mineral extraction is the decision of a commission created by Rosnedra or its territorial body, which also includes representatives of the executive body of the relevant constituent entity of the Russian Federation; and regarding subsoil plots of local significance, it is the decision of the state authorities of the relevant constituent entities of the Russian Federation, adopted in accordance with the legislation of the constituent entities of the Russian Federation.
Based on clause 1 of part 2 of Article 10 of the Law of the Russian Federation "On Subsoil," a subsoil plot for the construction and operation of underground structures, not related to mineral extraction, is granted for use without a time limit, i.e., the subsoil user is issued a perpetual subsoil use license.
According to the requirements of paragraph 2 of Article 23.2 of the Law of the Russian Federation "On Subsoil," subsoil use for purposes not related to mineral extraction is carried out in accordance with approved technical projects for the construction and operation of underground structures.
Technical projects for the construction and operation of underground structures provided for by paragraph 2 of Article 23.2 of the Law "On Subsoil" are subject to coordination before approval with a commission created by Rosnedra, which includes representatives of federal executive bodies authorized by the Government of the Russian Federation; and regarding subsoil plots of local significance, with the state authorities of the relevant constituent entities of the Russian Federation.
II. Technical Projects
The procedure for the preparation, coordination, and approval of technical projects for the development of technical projects for the construction and operation of underground structures is established by Decree of the Government of the Russian Federation No. 2127 dated November 30, 2021, "On the procedure for the preparation, coordination, and approval of technical projects for the development of mineral deposits, technical projects for the construction and operation of underground structures, technical projects for the liquidation and conservation of mine workings, boreholes, and other structures related to subsoil use, by types of minerals and types of subsoil use."
Requirements for the structure and design of project documentation for projects for the development of technical projects for the construction and operation of underground structures are established by Order of the Ministry of Natural Resources of the Russian Federation dated October 27, 2010, No. 464 "On approval of requirements for the structure and design of project documentation for the construction and operation of underground structures not related to mineral extraction."
Summary: Subsoil use for the purpose of operating observation wells at a WDF must be carried out on the basis of a subsoil use license issued for the construction and operation of underground structures not related to mineral extraction, provided that their construction and operation are carried out on the basis of approved technical projects for the construction and operation of underground structures. For the construction and operation of underground structures not related to mineral extraction, a subsoil plot is granted for use without a time limit.