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ENFORCEMENT DECREE OF THE MANAGEMENT OF DRINKING WATER ACT

Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 612

ENFORCEMENT DECREE OF THE MANAGEMENT OF DRINKING WATER ACT

Wholly Amended by Presidential Decree No. 20241, Sep. 6, 2007 Amended by Presidential Decree No. 20516, Dec. 31, 2007 Presidential Decree No. 20818, Jun. 13, 2008

Presidential Decree No. 21014, Sep. 18, 2008

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Management of Drinking Water Act and matters necessary for the implementation thereof. Article 2 (Quality Supervisor of Drinking Water)

(1) The Minister of Environment, the Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor or Special Self-Governing Province governor (hereinafter referred to as the "Mayor/Do governor") or the head of Si/Gun/Gu (referring to the head of autonomous Gu) shall appoint a quality supervisor of drinking water quality as prescribed in Article 7 (1) of the Management of Drinking Water Act (hereinafter referred to as the "Act") from among the public officials under his/her control falling under any of the following subparagraphs:

1. A person who holds a licence as water environmental engineer, sanitary engineer, or sanitary examiner;

2. A person who has graduated from the department of the related field, such as waterworks engineering, environmental engineering, chemistry, microbiology, hygienics, or sitology, at colleges or universities (referring to schools under Article 2 of the Higher Education Act; hereinafter the same shall apply) or any person who has qualifications equivalent to or higher than those of the above-mentioned persons; and

3. A person who has performed the clerical services in the field of environmental administration or the sanitary food administration for at least one year. (2) The scope of functions of supervisors of drinking water quality shall be as follows:

1. Investigation on, guidance of, and supervision over the quality control of drinking water; and

2. Investigation on, guidance of, and supervision over drinking water-related business. Article 3 (Persons Eligible for Permit for Developing Spring Water) (1) The term "person who intends to develop spring water above the scope prescribed by Presidential Decree" in Article 9 of the Act means the person falling under each of the following subparagraphs:

1. A person who intends to carry on a manufacturing business of spring drinking water pursuant to Article 21 (1) of the Act; and

2. A person who intends to develop spring water with water-intake capacity of 300 tons or more per day (referring to spring water, part of which is used as raw material of bottle drinking water or . Waterworks & Sewerage

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of brew liquor; hereinafter referred to as the "other spring water"). (2) In computing a water-intake capacity under paragraph (1) 2, where a person who has already developed and is using the spring water expands his/her water collection facilities, it shall be based on the entire water-intake capability.

(3) The term "important matters prescribed by Presidential Decree" in the latter part of Article 9 of the Act shall be as follows:

1. Location and area of development of spring water;

2. Planned volume of water intake; and

3. Use of spring water. Article 4 (Object of Environmental Impact Survey) The term "other person who intends to develop spring water of which daily water-intake capacity meets the standards that are set by Presidential Decree" in Article 13 (1) of the Act means a person who falls under Article 3 (1) 2.

Article 5 (Environmental Impact Examination Committee) (1) Every river basin environmental office or every regional environmental office (hereafter in this Article referred to as a "local environmental agency") may establish an Environmental Impact Examination Committee (hereinafter referred to as the "Committee") to hear the opinions of experts in accordance with Article 18 (2) of the Act.

(2) The Committee shall be composed of not more than 30 persons including the chairperson. The Committee shall have three subcommittees, namely the geophysical subcommittee, the applied geology subcommittee and the water-quality environment subcommittee, and each subcommittee shall be composed of not more than 10 members.

(3) The head of each local environmental agency shall be the chairperson and members shall be commissioned or appointed by the head of the relevant local environmental agency from among the persons falling under any of the following subparagraphs:

1. Persons who are assistant professors or higher in position in the related departments in the fields of geophysics, applied geology and water-quality environment at universities;

2. Persons who have engaged in the research and development of underground water at national and public research institutions for at least ten years as researchers or higher in position;

3. Persons who have obtained doctorates in the specialized fields referred to in subparagraph 1;

4. Persons who have research or practice experience for at least five years in any of the fields referred to in subparagraph 1 after having obtained master's degrees in any such field;

5. Persons who have obtained qualifications as certified technicians in the specialized fields referred to in subparagraph 1 pursuant to the National Technical Qualifications Act; and

6. Other persons who are recognized by the head of the local environmental agency as having qualifications equivalent to those of the persons referred to in subparagraphs 1 through 5. (4) Detailed matters concerning the composition, operation, etc. of the Committee shall be determined by the Minister of Environment.

Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 614

Article 6 (Qualification Standards for Quality Managers) The qualification standards for quality managers under Article 27 (4) of the Act shall be as follows:

1. In the case of the manufacturing business of spring drinking water and water treatment chemicals, the persons who fall under any subparagraph of Article 2 (1); and

2. In the case of the manufacturing business of water purifiers, the persons who fall under any of the following items:

(a) Any person who holds a license as a water quality environment engineer, sanitary engineer, sanitary examiner, process control engineer or quality control engineer; (b) Any person who has graduated from the department and any undergraduate in the fields of waterworks engineering, environmental engineering, chemistry, microbiology, hygienics, process control or quality control in universities, or any person who has an equivalent or higher qualification; and

(c) Any person who has been engaged in the field of water quality environment, sanitation, process control, quality control or water purifier manufacturing for at least two years. Article 7 (Objects of Imposition of Charges)

(1) Objects of imposition of the charges for water quality improvement (hereinafter referred to as the "charges") under Article 31 (1) of the Act shall be as follows:

1. Spring water drawn by a person who has obtained permission for development of other spring water (hereinafter referred to as a "developer of other spring water") pursuant to Article 9 of the Act;

2. Spring water drawn by a person who has obtained permission for a manufacturing business of drinking spring water (hereinafter referred to as a "drinking spring water manufacturer") pursuant to Article 21 (1) of the Act; and

3. Drinking spring water imported by a person who has been registered as a drinking spring water import-sale business operator (hereinafter referred to as a "drinking spring water import-sale business operator") pursuant to Article 21 (3) of the Act. (2) Drinking spring water falling under any of the following subparagraphs shall be excluded from the objects of imposition of the charges under paragraph (1):

1. Drinking spring water to be exported;

2. Drinking spring water to be supplied to foreign armed forces or foreign diplomatic missions in Korea; and

3. Drinking spring water to be supported and provided for relief of sufferers pursuant to Article 66 (3) 1 of the Framework Act on the Management of Disaster and Safety. (3) A person falling under each subparagraph of paragraph (1) shall submit documentary evidence concerning drinking spring water to be excluded from the objects of imposition of the charges under paragraph (2) to the Minister of Environment quarterly as prescribed by Ordinance of the Ministry of Environment.

[This Article Wholly Amended by Presidential Decree No. 21014, Sep. 18, 2008] Article 8 (Amount of Charges for Water Quality Improvement) . Waterworks & Sewerage

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An amount of the charges under Article 31 (2) of the Act shall be as follows:

1. Spring water drawn by a developer of other spring water: 1,300 won per one cubic meter;

2. Spring water drawn by a drinking spring water manufacturer: 4,150 won per one cubic meter;

3. Drinking spring water imported by a drinking spring water import-sale business operator: 4,150 won per one cubic meter.

[This Article Wholly Amended by Presidential Decree No. 21014, Sep. 18, 2008] Articles 9 through 11 Deleted. Article 12 (Imposition, Procedure for Collection and Time Limit of Payment of Charges) (1) The Minister of Environment shall compute the charges and issue a payment notice by 10th of the month following the month beginning the next quarter as prescribed by Ordinance of the Ministry of Environment.

(2) The time limit of payment of the charges under paragraph (1) shall be the end of the month when a payment notice has been issued.

(3) A drinking spring water import-sale business operator shall submit to the Minister of Environment a quarterly actual import record by the end of the month when next quarter begins as prescribed by Ordinance of the Ministry of Environment.

[This Article Wholly Amended by Presidential Decree No. 21014, Sep. 18, 2008] Article 12-2 (Payment of Expenses for Collection, etc.) (1) The term "person prescribed by Presidential Decree" in Article 31 (7) of the Act means a developer of other spring water or a producer of drinking spring water. (2) In cases where the Minister of Environment has delegated the collection of the charges and additional dues to the Mayor/Do governor pursuant to Article 55 (1) of the Act, he/she shall pay an amount of money equivalent to 20/100 of the collected amount to the relevant Mayor/Do governor as the expenses for collection pursuant to Article 31 (8) of the Act. [This Article Newly Inserted by Presidential Decree No. 21014, Sep. 18, 2008] Article 13 (Deferment of Collection and Payment of Charges in Installments) (1) The collection deferment period provided for in Article 32 (4) of the Act shall be not more than one year fromthe date following the date on which the collection of charges is deferred and the frequency of installment payments of the charges during the related period shall be not more than 6 times. (2) A person who intends to gain the deferment of collection of the charges or to pay such charges in installments pursuant to Article 32 (1) of the Act shall submit to the Minister of Environment an application for deferment of collection of the charges or an application for payment of the charges in installments prescribed by Ordinance of the Ministry of Environment three days prior to the time limit of payment. Article 13-2 (Procedure for Notice of Determent, etc. of Collection of Charges, etc.) (1) The Minister of Environment shall, when he/she has granted defermet of collection or payment in installments pursuant to Article 32 of the Act, issue a written notice stating such amount of money deferred, deferment period, amount of money to be paid in installments, payment period and other necessary matters to an applicant.

(2) The decision of deferment of collection or payment in installments shall come into effect on the Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 616

date when an application under Article 13 (2) has been submitted. (3) When deferment of collection or payment in installments has been granted to an applicant, a payment notice shall be issued so that it can be reached 15 days prior to payment due date. (4) The provisions of Articles 29 through 34 of the Framework Act on National Taxes shall apply mutatis mutandis to the provision of security under Article 32 (2) of the Act. [This Article Newly Inserted by Presidential Decree No. 21014, Sep. 18, 2008] Article 14 Deleted. Article 15 (Purposes for Water Quality Improvement Charges) The term "purposes as prescribed by Presidential Decree" in subparagraph 3 of Article 33 of the Act means any of the following purposes:

1. Implementation of a survey for the designation of a groundwater preservation area under Article 12 of the Groundwater Act; and

2. Implementation of a basic survey and restoration works for the development, utilization, preservation and management of the groundwater resources.

Article 16 (Mark Verifying Charges)

(1) The manufacturers of spring drinking water shall use the bottle caps to which marks verifying charges are indicated by manufacturers of marks verifying charges (hereinafter referred to as the "mark manufacturers") who are designated by the Minister of Environment pursuant Article 35 of the Act in accordance with Article 34 (1) of the Act: Provided, That in cases falling under any of the following subparagraphs, the marks verifying charges may not be affixed thereto:

1. Where spring drinking water is excluded from the imposition of charges pursuant to Article 7 (2) 1;

2. Where spring drinking water does not use any bottle cap; and

3. Where spring drinking water uses bottle caps that do not enable the marks verifying charges to be attached thereto.

(2) The manufacturers of spring drinking water shall, with respect to spring drinking water which does not show the mark verifying charges under the proviso to paragraph (1), measure it by such apparatus capable of automatically measuring the quantity of manufactured spring drinking water as prescribed by Ordinance of the Ministry of Environment: Provided, That in the case of paragraph (1) 1, the quantity of the manufactured spring drinking water may not be measured by making use of the automatically measuring apparatus.

Article 17 (Restriction, etc. on Advertisement)

(1) In cases of any of the following subparagraphs, the Minister of Environment may prohibit or restrict on broadcasting advertisements for spring drinking water pursuant to Article 39 (1) of the Act:

1. Where the advertisement of spring drinking water is likely to mislead the citizens' awareness of health; and

2. Where the advertisement of spring drinking water is likely to obstruct the tap-water provision business.

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(2) The Minister of Environment may, where deemed that the advertisement of spring drinking water through other advertisement media than the television falls under any subparagraph of paragraph (1), restrict it under Article 39 (1) of the Act. (3) Matters necessary for the media subject to prohibition or restriction of advertisement under paragraphs (1) and (2), and the period and frequency, etc. shall be prescribed by Ordinance of the Ministry of Environment

Article 18 (Payment of Penalty Surcharge)

(1) The Mayor/Do governor shall, where he/she intends to impose a penalty surcharge under Article 51 (1) of the Act, issue written notice for payment, indicating the kind of violation, the amount of relevant penalty surcharge, the place of payment, and other necessary matters. (2) Persons notified under paragraph (1) shall pay the penalty surcharge at the receiving agency designated by the Mayor/Do governor within 20 days: Provided, That when the payment within the deadline is impossible on account of a natural disaster or other unavoidable reasons, the payment shall be made within seven days after the date when the causes for obstructing the payment have ceased. (3) Any receiving agency who has received the penalty surcharge under paragraph (2) shall deliver a receipt to the person who has paid it.

(4) The receiving agent of the penalty surcharge shall, when he/she has received the penalty surcharge under paragraph (2), notify it without delay to the Mayor/Do governor. (5) Payment of penalty surcharge may not be made on an installment basis. Article 19 (Criteria for Computation of Penalty Surcharge) The amount of penalty surcharges under Article 51 (2) of the Act shall be computed by applying the criteria of the attached Table to the period of business suspension as prescribed by Ordinance of the Ministry of Environment in light of the kind and degree of offenses committed. Article 20 (Delegation and Entrustment)

(1) Authority in the following subparagraphs, among authority given to the Minister of Environment, shall be delegated to the Mayor/Do governor under Article 55 (1) of the Act:

1. Imposition and collection of charges for water quality improvement and additional dues under Article 31 of the Act;

2. Approval for the deferment of collection of charges and the payment of charges in installments, etc. under Article 32 of the Act; and

3. Restriction on the use of the marks verifying charges by a spring drinking water manufacturer under Article 34 (3) of the Act.

(2) Authority in the following subparagraphs, among authority given to the Minister of Environment, shall be delegated to the head of a river basin environmental office or the head of a regional environmental office under Article 55 (1) of the Act:

1. Registration or modified registration of an agent for the environmental impact survey under Article 15 of the Act;

2. Revocation of the registration of an agent for the environmental impact survey or the suspension Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 618

of business operation under Article 17 (1) of the Act;

3. Technical examination of the environmental impact survey document under Article 18 of the Act;

4. Receipt of the import declaration under Article 26 (1) of the Act;

5. Inspection under Article 26 (2) of the Act;

6. Order of report, inspection, collection, or perusal under Article 42 (1) of the Act; 6-2. Designation, receipt of modification report, revocation of designation and suspension of business of an inspection institution of water quality of drinking water (limited to an inspection institution of water quality of drinking water in the field prescribed by Ordinance of the Ministry of Environment) under Article 43 (1) and (6) of the Act;

7. Hearing on the delegated authority of those under subparagraphs of Article 50 of the Act; and

8. Authority concerning the imposition and collection of fines for negligence under Article 61 (2) of the Act.

(3) Authority in the following subparagraphs, among authority given to the Minister of Environment shall be delegated to the president of the National Institute of Environmental Research pursuant to Article 55 (1) of the Act:

1. Designation, receipt of modification report, revocation of designation and suspension of business of an inspection institution (excluding an inspection institution of water quality of drinking water under paragraph (2) 6-2 and an inspection institution of quality of water purifiers) under Article 43 (1) and (6) of the Act;

2. Evaluation of capability concerning measurement and analysis of water quality under Article 43 (4) of the Act; and

3. Hearing (limited to matters concerning the authority delegated pursuant to subparagraph 1) under subparagraph 1 of Article 50 of the Act.

(4) Under Article 55 (2) of the Act, the Minister of Environment may entrust part of the training of quality managers under Article 28 (1) of the Act to a business operators' association. Article 21 Deleted. ADDENDA

Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Article 2 Omitted.

Article 3 (Relationship with Other Acts and Subordinate Statutes) Where the previous Enforcement Decree of the Management of Drinking Water Act is cited in other Acts and subordinate statutes at the time when this Decree enters into force, the corresponding provisions in this Decree shall be deemed to have been cited in lieu of the previous provisions if such provisions corresponding thereto exist in this Decree.

ADDENDA . Waterworks & Sewerage

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Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2008. Articles 2 through 7 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21 shall enter into force on June 22, 2008. Article 2 (Transitional Measures due to Change of Delegated Institutions) (1) It shall be deemed that a person who has been designated as an inspection institution of water quality of drinking water by the president of the National Institute of Environmental Research before this Decree enters

into force, whose competent administrative agency is changed into the head of a river basin environmental office or the head of a regional environmental office pursuant to the amended provisions of Article 20, has been designated by the head of a river basin environmental office or the head of a regional environmental office where his/her main office is located as an inspection institution of water quality of drinking water.

(2) The president of the National Institute of Environmental Research shall, notwithstanding the amended provisions of Article 20, conduct the administrative disposition on an application for designation of an inspection institution of water quality of drinking water filed before this Decree enters into force or the administrative disposition on an inspection institution of water quality of drinking water which is in process at the time when this Decree enters into force. ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on September 22, 2008. Article 2 (Transitional Measure concerning Imposition, etc. of Charges on Developer of Other Spring Water) (1) The Minister of Environment shall announce the amount of money computed by adding average rate of tap water per one ton from January 1, 2008 through September 21, 2008 to average amount of money of the charges for the use of water by the end of November 2008. In such cases, average rate of tap water shall be computed based on the amount of money per one ton from January 1, 2008 through September 30, 2008, and average amount of money of the charges for the use of water shall be computed as average amount of money in the year of 2008. (2) A developer of other spring water shall submit the computed volume of spring water used as raw material of products sold from January 1, 2008 through September 21, 2008 to the Minister of Environment by the end of November 2008.

(3) The Minister of Environment shall issue a payment notice of the charges for used volume of spring water under paragraph (2) by December 10, 2008 and the time limit of payment shall be by 25th of the same month.

(4) A developer of other spring water shall submit volume of spring water drawn from September Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 620

22 through September 30, 2008 to the Minister of Environment by the end of January 2009. (5) Notwithstanding the amended provisions of Article 12 (1), a payment notice of the charges for water quality improvement on spring water under paragraph (4) shall be issued by February 10, 2009 and the time limit of payment shall be the end of February 2009. Article 3 (Transitional Measure concerning Collection of Charges on Drinking Spring Water Manufacturers and Drinking Spring Water Import-Sale Business Operators) (1) The previous provisions of Articles 8 through 12 shall apply to the charges for water quality improvement from July 1 through September 21, 2008 on drinking spring water manufacturers and drinking spring water import-sale business operators. (2) Drinking spring water manufacturers and drinking spring water import-sale business operators shall submit the volume of spring water drawn and the actual import record of drinking spring water from September 22 through September 30, 2008 to the Minister of Environment by the end of January

2009. (3) Notwithstanding the amended provisions of Article 12 (1), a payment notice of the charges for water quality improvement for the period under paragraph (2) shall be issued by February 10, 2009 and the time limit of payment shall be the end of February, 2009. Article 4 Omitted.