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ENFORCEMENT DECREE OF THE SOIL ENVIRONMENT CONSERVATION ACT

ENFORCEMENT DECREE OF THE SOIL ENVIRONMENT CONSERVATION ACT

Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 648

ENFORCEMENT DECREE OF THE SOIL ENVIRONMENT CONSERVATION ACT

Presidential Decree No. 14848, Dec. 29, 1995

Amended by Presidential Decree No. 16058, Dec. 31, 1998 Presidential Decree No. 17432, Dec. 19, 2001

Presidential Decree No. 17698, Aug. 8, 2002

Presidential Decree No. 17816, Dec. 26, 2002

Presidential Decree No. 18213, Jan. 9, 2004

Presidential Decree No. 18312, Mar. 17, 2004

Presidential Decree No. 18910, Jun. 30, 2005

Presidential Decree No. 18953, Jul. 22, 2005

Presidential Decree No. 20297, Aug. 28, 2007

Presidential Decree No. 21078, Oct. 8, 2008

Article 1 (Purpose)

The purpose of this Decree is to provide the matters delegated by the Soil Environment Conservation Act and the necessary matters for the enforcement thereof.

Articles 2 and 3 Deleted. Article 4 (Formulation of Basic Plan and Regional Plan, etc.) (1) When the Minister of Environment deems it necessary to formulate the basic plan for soil conservation (hereinafter referred to as the "basic plan") as provided in the provisions of Article 4 (1) of the Soil Environment Conservation Act (hereinafter referred to as the "Act"), he may request the head of the relevant central administrative agency, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as the "Mayor/Do governor") and the heads of the relevant agencies or organizations to submit materials necessary for the formation of the basic plan.

(2) When the basic plan has been formed, or when the Minister of Environment has approved the regional soil conservation plan (hereinafter referred to as the "regional plan") in accordance with the provisions of Article 4 (4) of the Act, he shall, without any delay, notify the head of the relevant administrative agency of that fact. The head of the relevant administrative agency who has been thus notified shall take measures necessary for the enforcement of the basic plan or the regional plan, unless there exist any special circumstances to the contrary. Article 5 (Compensation for Loss)

(1) The amount of compensation for loss as provided in the provisions of Article 9 (1) of the Act, shall be determined in consideration of the transaction price, rent, profitability of the land, buildings, standing timber, earth and rocks, and other constructions concerned. (2) Any person who intends to claim for compensation for a loss in accordance with the provisions of Article 9 (2) of the Act, shall submit to the Minister of Environment, the Mayor/Do governor, the head of Si/Gun/ Gu (referring to an autonomous Gu; hereinafter the same shall apply) or the head of any soil-related specialized institution (hereinafter referred to as "soil-related specialized institution") provided for in Article 23-2 of the Act a written claim stating the following particulars accompanied by documents evidencing the loss to it:

1. The name, resident registration number and address of the claimant; . Waterworks & Sewerage

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2. The date and place where the loss occurred;

3. The contents of the loss; and

4. The amount of the loss and the method of assessing it. (3) Upon receiving the written claim for the compensation for loss as provided in paragraph (2), the Minister of Environment, the Mayor/Do governor, the head of Si/Gun/Gu or the head of any soil-related specialized institution shall, without any delay, notify the claimant of the following matters:

1. The period and method of consultation; and

2. The time, method and procedures of compensation. (4) Any person who intends to file a motion for adjudication with the Land Expropriation Committee in accordance with the provisions of Article 9 (4) of the Act, shall submit the written motion for adjudication stating the following matters to the relevant Land Expropriation Committee:

1. The name and address of the person who has filed a motion for adjudication and of the adverse party;

2. Kinds of the business involved;

3. The fact that the loss has been incurred;

4. The particulars with respect to the amount of the compensation for the loss as determined by the disposition bureau and the amount as claimed by the person who has filed a motion; and

5. Details of the consultation. (5) Deleted. Article 5-2 (Order Given to Conduct Detailed Survey, etc.) (1) The head of Si/Gun/Gu shall, when he orders any person responsible for contamination to conduct the detailed soil survey under Article 11 (3) of the Act, fix a period during which he carries out such order, within the limit of six months, taking account of the scope, etc. of the contaminated soil area: Provided, That with respect to any person who inevitably fails to carry out the order during the fixed period due to the size, etc. of the area subject to a survey, the head of Si/Gun/Gu may extend such period within the limit of six months.

(2) The head of Si/Gun/Gu shall, when he orders any person responsible for contamination to take measures to purify the contaminated soil (referring to the soil contaminated beyond the worrisome level of soil contamination under Article 4-2 of the Act; hereinafter the same shall apply) under Article 11 (3) of the Act, fix a period during which he carries out such order, within the limit of two years, taking consideration of the scale, etc. of the contaminated soil: Provided, That with regard to any person who inevitably fails to carry out the order during the fixed period due to the scale, engineering methods, etc. of the purification works, the head of Si/Gun/Gu may extend such period within the limit of one year per each time up to two times.

[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 6 (Report, etc. on Specific Facilities Subject to Control of Soil Contamination) (1) Any person who intends to file a report on the installation of specific facilities subject to the control of soil contamination under Article 12 (1) of the Act shall file such report with the head of Si/Gun/Gu, accompanied by documents falling under each of the following subparagraphs: Provided, That in case of oil storage facilities installed for use by the military under Article 2 (1) 3 of the Act on National Defense and Military Installations Projects, part of the documents required to be accompanied may be exempted or part of matters to be entered in such documents may be omitted under the conditions as prescribed by the Ordinance of the Ministry of Environment: Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 650

18910, Jun. 30, 2005>

1. Statement detailing the installation of specific facilities subject to the control of soil contamination, and related drawings;

2. Statement detailing names of materials contaminating soil, the storage capacity of such materials and the density of such materials;

3. Plan to install facilities to prevent soil from being contaminated (hereinafter referred to as "facilities to prevent the soil contamination");

4. Topography in the vicinity of specific facilities subject to the control of soil contamination and diagram indicating the area feared to be damaged and spots to be measured; and

5. Other matters that are deemed necessary by the head of Si/Gun/Gu. (2) Any person who intends to alter the specific facilities subject to the control of soil contamination (including the shutdown of such facilities) under the latter part of Article 12 (1) of the Act shall file a report thereon with the head of Si/Gun/Gu, accompanied by a statement detailing the alteration (shutdown) of such specific facilities subject to the control of soil contamination.

[This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001] Article 7 (Installation of Facilities to Prevent Soil Contamination in Specific Facilities Subject to Control of Soil Contamination) (1) Any installer of specific facilities subject to the control of soil contamination (including any operator of such facilities; hereinafter the same shall apply) shall, under Article 12 (3) of the Act, install the facilities to prevent soil contamination falling under each of the following subparagraphs by the specific facilities subject to the control of soil contamination:

1. Installation of facilities to prevent any leakage, such as facilities going through the process to prevent corrosion and oxidization of the specific facilities subject to the control of soil contamination, facilities using materials that have the leakage-prevention performance, or tanks with double walls, etc.;

2. In the case of storage facilities, among the specific facilities subject to the control of soil contamination, that will be located underground, installation of facilities that can detect the leakage of soil pollutants or can confirm whether or not soil pollutants are leaking and installation of measuring instruments, etc.; and

3. Installation of such facilities as are necessary for the measures to prevent diffusion of contamination or to reduce the degree of toxicity, in the event that soil pollutants leak from the specific facilities subject to the control of soil contamination.

(2) Other matters necessary for the installation of the facilities to prevent soil contamination as provided in any subparagraphs of paragraph (1), shall be publicly notified by the Minister of Environment following a consultation with the head of the relevant central administrative agency.

Article 8 (Examination of Soil Contamination on Specific Facilities Subject to Control of Soil Contamination) (1) Any installer of specific facilities subject to the control of soil contamination shall get soil contamination in his facilities examined periodically under Article 13 (1) of the Act according to the classification falling under each of the following subparagraphs. In this case, he shall not be required to undergo the examination of the level of soil contamination under subparagraph 1 in a year when the leakage examination referred to in subparagraph 2 is made:

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2005>

1. He shall get the level of soil contamination in his facilities examined once each year by any soil-related specialized institution in the time prescribed by the Ordinance of the Ministry of Environment: Provided, That in the event that soil-contamination prevention facilities provided for in Article 7 are installed, the frequency of such examination may be adjusted within the limit of three years according to the standards set by the Ordinance of the Ministry of Environment; and

2. He shall get the examination of leakage in his specific facilities subject to the control of soil contamination (excluding the facilities subject to periodic examination under Article 17 of the Enforcement Decree of the Safety Control of Dangerous Substances Act; hereinafter referred to as the "facilities subject to leakage examination") under the proviso of Article 13 (3) of the Act conducted by any soil-related specialized institution within six months if ten years have passed since the installation of such facilities, and thereafter according to the following classification: (a) Where the examination of leakage is conducted by the method of open-cup-type non-destructive test: every sixth year; and

(b) Where the examination of leakage is conducted by such indirect method as a pressure-increasing test or pressure-reducing test: every fourth year. (2) In the case falling under each of the following subparagraphs, the soil contamination shall be examined by any soil-related specialized institution in addition to the examination of the soil contamination conducted under paragraph (1) (hereinafter referred to as "periodic examination"): Provided, That this shall not apply to the cases where any cause provided in any of subparagraphs 1 through 3 accrues within three months after undergoing the examination of soil contamination level referred to in paragraph (1) 1:

1. In the event that any installer of the specific facilities subject to the control of soil contamination intends to discontinue the use of such facilities or close such facilities, the soil-contamination examination of such facilities shall be conducted during a period ranging from three months prior to the date on which the use of such facilities is discontinued or such facilities are closed to the date preceding the date on which the use of such facilities is discontinued or such facilities are closed;

2. In the event that a change arises in the operator of the specific facilities subject to the control of soil contamination due to the transfer or rent, etc. thereof, the soil contamination of such facilities shall be examined during a period ranging from three months prior to the date of such change to the date preceding the date of such change;

3. In the event that any installer of the specific facilities subject to the control of soil contamination intends to replace the facilities, the site of such facilities and the soil in the area in the vicinity of such facilities or alter kinds of soil-contaminating materials that are stored in such facilities, he shall get the soil-contamination level therein examined during a period ranging from three months prior to the date of replacement or alteration to the date preceding the date of replacement or alteration;

4. In the event that, with respect to the facilities subject to leakage examination, the soil of such facilities is confirmed to be contaminated beyond the standards set by the Ordinance of the Ministry of Environment as a result of the examination conducted under paragraphs (1) 1 and (2) 1 through 3, the examination of leakage shall be promptly conducted thereon; and Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 652

5. In the event that soil polllutants are leaked out of the specific facilities subject to the control of soil contamination, the examination of soilcontamination level and leakage (limited to the facilities subject to leakage examination) shall be promptly conducted thereon. (3) Where the examination of soil contamination level referred to in paragraph (2) 1 through 3 or 5 is conducted, the next examination of soil contamination level under paragraph (1) 1 shall be deemed to be completed, and where the examination of leakage referred to in paragraph (2) 4 or 5 is made, the examination of leakage under paragraph (1) 2 shall be conducted on a basis of the date when the said examination is made. (4) Even in the case falling under paragraph (2) 1 through 3, if the examination provided for in subparagraph 5 of the same paragraph is conducted during the period fixed under each subparagraph of the same paragraph, any separate soil-contamination examination shall not be conducted.

(5) Necessary matters concerning items of the soil-contamination examination shall be prescribed by the Ordinance of the Ministry of Environment.

[This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001] Article 8-2 (Exemption, etc. from Examination of Soil Contamination) (1) The cases where the head of Si/Gun/Gu can give approval for the exemption from the examination of soil contamination on the specific facilities subject to the control of soil contamination under the proviso of Article 13 (1) of the Act shall be as follows:

1. Where, with respect to the oil pipeline facilities under the Oil Pipeline Safety Control Act from among the specific facilities subject to the control of soil contamination, the devices of confirming the leakage of oil are installed (limited to the examination of the level of soil contamination) or the safety check-up is undergone under Article 8 of the said Act (limited to the examination of leakage);

2. Where a soil contamination survey institution deems it impossible to take a soil sample because the facilities concerned are established in the undersurface of ground or the basement of a building, etc. incapable of soil boring;

3. Where a soil-related specialized institution deems it unnecessary to conduct the examination of soil contamination because soil pollutants have not been stored in storage facilities for one year or more or due to the existence of other causes;

4. Where, among multiple facilities storing the same type of soil pollutants, the use of some facilities is terminated or closed (limited to the examination of the level of soil contamination under Article 8 (2) 1);

5. Where it is intended to change the stored soil pollutants to other soil pollutants on which the items of examination under Article 8 (5) are of the same kind (limited to the examination of the level of soil contamination under Article 8 (2) 3); and

6. Where, otherwise, the head of Si/Gun/Gu deems it unnecessary to conduct the examination of soil contamination because purification works are under way pursuant to a soil purification order or due to the existence of other causes.

(2) In the cases of paragraph (1) 1, 4, 5 and 6, the opinions of soil-related specialized institutions shall not be required to be attached at the time of applying for approval for exemption from the examination . Waterworks & Sewerage

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of soil contamination under the proviso of Article 13 (2) of the Act. (3) Where the specific facilities subject to the control of soil contamination referred to in paragraph (1) 1 are installed over the jurisdictional areas of the heads of not less than two Sis/Guns/Gus, the head of Si/Gun/Gu who has jurisdiction over the main office of the installer of the specific facilities subject to the control of soil contamination shall be entitled to give approval for exemption from the examination of soil contamination on the said facilities.

(4) Where the specific facilities subject to the control of soil contamination exempted from the examination of soil contamination no more have any ground for such exemption, the head of Si/Gun/Gu shall, without delay, withdraw approval for such exemption. [This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 8-3 (Corrective Order, etc.)

(1) The head of Si/Gun/Gu shall, when he orders any installer of the specific facilities subject to the control of soil contamination to install soil-contamination prevention facilities, etc. in accordance with Article 14 (1) of the Act (hereinafter referred to as a "corrective order"), set a period during which such installer carries out such order, within the limit of one year in the case of an order to install or improve soil-contamination prevention facilities and to conduct a detailed soil survey and within the limit of two years in the case of an order to take measures to purify contaminated soil, respectively, taking account of the findings of the soil-contamination examination under Article 8 and the types, scale, etc. of the specific facilities subject to the control of soil contamination.

(2) With regard to any person who inevitably fails to carry out the corrective order during the fixed period provided for in paragraph (1) due to the scale and engineering methods, etc. of the works, the head of Si/ Gun/Gu may extend such period within the limit of one year per each time up to two times. [This Article Newly Inserted by Presidential Decree No. 17432, Dec. 19, 2001] Article 9 (Order Given to Conduct Detailed Soil Survey, etc.) (1) The Mayor/Do governor or the head of Si/Gun/Gu shall, when he orders any person responsible for contamination to go through the detailed soil survey under Article 15 (1) of the Act, fix a period during which he carries out such order, within the limit of six months, taking account of the scope of soil-contaminated area, etc.: Provided, That with respect to any person who inevitably fails to carry out the order due to the size of the area subject to a survey, etc., the Mayor/Do governor or the head of Si/Gun/Gu may extend the fixed period within the limit of six months.

(2) Deleted. [This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001] Article 9-2 (Order Given to Take Steps, etc.)

(1) The Mayor/Do governor or the head of Si/Gun/Gu shall, when he orders any person responsible for contamination to take steps to prevent soil from being contaminated under Article 15 (3) of the Act (hereinafter referred to "order given to take steps"), fix a period during which he carries out such order, within the limit of two years, taking account of soil pollutants and the kind and size, etc. of facilities. (2) With respect to any person who inevitably fails to carry out the order within the fixed period referred to in paragraph (1) due to the scale and engineering method of the works, the Mayor/Do governor or the head of Si/Gun/Gu may extend such fixed period within the limit of two years. Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 654

Presidential Decree No. 18910, Jun. 30, 2005>

[This Article Newly Inserted by Presidential Decree No. 17432, Dec. 19, 2001] Article 10 (Standards for and Methods of Purifying Contaminated Soil) (1) Standards for purifying contaminated soil under Article 15-3 (1) of the Act shall follow the worrisome level of soil contamination under Article 4-2 of the Act.

(2) The methods of purifying contaminated soil under Article 15-3 (1) of the Act shall be as follows:

1. The biological treatment, including decomposition of contaminated materials, using microorganism;

2. The physical and chemical treatment, including cutting off, separation-extraction and cleansing treatment of contaminated materials, etc.; or

3. The heat treatment, including burning and decomposition, of contaminated materials. (3) Detailed matters concerning the methods of purification under each subparagraph of paragraph (2) shall be prescribed and published by the Minister of Environment.

[This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001] Article 11 (Direct Performance of Purification Works by Person Responsible for Contamination) With respect to contaminated soil falling under any of the following subparagraphs, a person responsible for such soil contamination may purify it himself without commissioning the purification work to a person who has made a registration of the soil purification business (hereinafter referred to as the "soil purification business operator") under Article 23-7 (1) of the Act, pursuant to the proviso of Article 15-3 (2) of the Act:

1. Contaminated soil in the facilities of military units under the Act on National Defense and Military Installations Projects or soil contaminated in the course of military activities, each of which is less than 50 cubic meters in quantity; and

2. Soil contaminated by organic solvents or oil, which is less than 5 cubic meters in quantity. [This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 11-2 (Omission of Verification of Purification Process) Where the amount of contaminated soil is found to be less than 1000 cubic meters [excluding the soil contaminated by heavy metals, the extent of whose contamination is not less than 500 cubic meters in excess of the standards of measures against soil contamination (hereinafter referred to as the "measure standards") under Article 16 of the Act] under the proviso of Article 15-6 (1) of the Act, the verification of the purification process may be omitted.

[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 12 (Designation of Area Requiring Measures for Soil Conservation) (1) The term "any area that falls under the case that is prescribed by the Presidential Decree" in the proviso of Article 17 (1) of the Act means any of the following:

1. Farmland where the size of land in which the pollutant content of crops under cultivation is in excess of the maximum residue limit of heavy metal (hereinafter referred to as the "maximum residue limit of heavy metal") under Article 7 of the Food Sanitation Act is not less than 10,000 square meters; and

2. Area for which special measures are to be taken to prevent any damage to people's health or environment because the soil, underground water, etc. is simultaneously contaminated with soil pollutants such . Waterworks & Sewerage

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as heavy metals, oil, etc.

(2) The head of Si/Gun/Gu shall, when he asks the Minister of Environment to designate any area requiring measures for soil conservation under Article 17 (2) of the Act, file a written request for designating such area requiring measures for soil conservation with the Minister of Environment, accompanied by drawings indicating the relevant area.

(3) The standards for designating the area requiring measures for soil conservation under Article 17 (3) of the Act shall be as follows:

1. In case of farmland, the area where the soil contamination level 30 centimeters deep from the surface of the earth is in excess of the measure standards for soil-contamination level and other area which is asked by the head of Si/Gun/Gu to be designated as an area requiring measures for soil conservation after the contents of contaminated materials in crops grown in such area are found to be in excess of the maximum residue limit of heavy metal; and

2. In case of area other than farmland, the area where the soil-contamination level between the surface of the earth and the upper soil of ground water (aquifer) is in excess of the measure standards for soil-contamination level and other area which is asked by the head of Si/Gun/Gu to be designated as an area requiring measures for soil conservation after such area is feared to inflict a physical injury upon persons and such area must be not less than 10,000 square meters. (4) The Minister of Environment shall, when he designates and publishes any area requiring measures for soil conservation under Article 17 (4) of the Act, furnish the contents of such publication and the relevant documents to the head of Si/Gun/Gu concerned for public perusal and signboards publishing the contents of such designation shall be put up in places that are frequented by the public within the area requiring measures for soil conservation. [This Article Wholly Amended by Presidential Decree No. 17432, Dec. 19, 2001] Article 12-2 (Formulation of Countermeasure Plan) Where the countermeasure area referred to in Article 18 (1) of the Act extends over not less than two Sis/Guns/Gus, the head of the Si/Gun/Gu which includes a wider countermeasure area shall formulate a countermeasure plan. In this case, the head of Si/Gun/Gu who formulates the countermeasure plan shall consult thereabout with the heads of the other Sis/Guns/Gus concerned. [This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 13 (Kinds of Projects to Improve Contaminated Soil) The kinds of the projects to improve contaminated soil as provided in Article 18 (3) of the Act, shall be as follows:

1. Cultivation of fertile farmland such as trial use of a soil controller or bringing soil from another land and mixing it with the soil in question, etc.;

2. Dredging projects of contaminated waterways;

3. Hygienic reclamation projects of contaminated soil;

4. Cultivation projects of such plants as are strong absorbents of the soil pollutants; and

5. Other projects deemed necessary by the head of Si/Gun/Gu. Article 13-2 (Survey, etc. of Damage to Health of Residents) The details of the survey of damage to the health of residents and the countermeasures therefor as provided for in Article 18 (4) of the Act shall be as follows:

1. Scope of residents subject to the survey of damage to health and the methods of such survey;

2. Institution in charge of the survey of damage to health; Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 656

3. Decision on damage to health and the countermeasures therefor; and

4. Other necessary matters relating to the survey of damage to health and the countermeasures therefor. [This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 14 (Accommodating Jurisdiction of Regions Requiring Measures) (1) The projects to improve contaminated soil within the region requiring measures in accordance with the provisions of Article 19 (4) of the Act, shall be implemented for each jurisdictional area. In a case where the implementation of the projects of each jurisdictional area is difficult, the head of Si/Gun/Gu who has jurisdiction over the region more widely contaminated, shall implement the projects to improve contaminated soil. (2) The heads of Sis/Guns/Gus concerned who are not the main bodies of the projects as provided in paragraph (1), shall actively cooperate with the implementation of the pertinent projects to improve contaminated soil. Article 15 (Limitations on Use of Land, etc.)

When the head of Si/Gun/Gu intends to set a limitation on the use of land or on the installation of facilities within the region requiring measures in accordance with the provisions of Article 20 of the Act, he shall determine and give a public notice of the object, method, period, region, etc. of the limitation. In this case, he shall take into consideration the purpose of the designation of the region for a particular use and the limitation of activities as prescribed in the National Land Planning and Utilization Act.

Article 16 (Limitations on Installation of Facilities Within Region Requiring Measures) The term "facilities, installed in the region requiring measures, which are deemed to have the possibility to harm the purpose of the designation of the region requiring measures, and are determined by the Presidential Decree" in Article 21 (2) of the Act means facilities which produce pollutants mainly causing the designation of the region requiring measures, facilities which use raw materials containing pollutants, or facilities which produce goods containing pollutants. Article 17 (Special Cases on Abandoned Metal Mining Region) The heads of Sis (excluding the head of a Si in which Gus are established)/Guns/Gus shall investigate the present conditions of the metal mining regions, among the regions under their jurisdiction, for which the responsibility of the mining right holder or a mining concession right holder is extinguished in accordance with the provisions of Article 18 of the Mining Safety Act and shall report the results of the investigation to the Mayor/Do governor and the Minister of Environment.

Article 17-2 (Standards, etc. for Designation of Soil-Related Specialized Institution) (1) Any person who intends to be designated as a soil-related specialized institution pursuant to the former part of Article 23-2 (1) of the Act shall equip himself with the examination facilities and equipment and the technical manpower as shown in the attached Table 1. (2) The change of the designated matters subject to the latter part of Article 23-2 (1) of the Act shall be as follows:

1. Any change in the trade name or the location of business place;

2. Replacement of the representative; and

3. Replacement of the technical manpower. (3) In changing the matters provided for in each subparagraph of paragraph (2), the designation of the changed matters shall be made within thirty days from the date when the cause of such change . Waterworks & Sewerage

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accrues.

[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 17-3 (Soil Contamination Survey Agency)

Agencies that are deemed to be designated as soil contamination survey agencies under the proviso of Article 23-2 (2) of the Act shall be as follows:

1. The National Institute of Environmental Research;

2. The City/Do health and environmental research institutes;

3. The basin environment offices or the regional environment offices;

4. National Institute of Agricultural Science under the Rural Development Administration; and

5. Korea Forest Research Institute under the Forestry Administration. [This Article Newly Inserted by Presidential Decree No. 17432, Dec. 19, 2001] Article 17-4 (Requirements, etc. for Registration of Soil Purification Business) (1) Any person who intends to get his soil purification business registered pursuant to the former part of Article 23-7 (1) of the Act shall equip himself with the facilities, equipment and technical manpower as shown in the attached Table 2.

(2) The change of the registered matters subject to the latter part of Article 23-7 (1) of the Act shall be as follows:

1. Any change in the trade name or the location of business place;

2. Replacement of the representative;

3. Replacement of the technical manpower; and

4. Any change in the carry-in purification facilities provided for in subparagraph 1 (b) of the attached Table 2.

(3) In changing the matters provided for in paragraph (2) 1 through 3, the registration of the changed matters shall be made within thirty days from the date when the cause of such change accrues, and in changing the matters provided for in paragraph (2) 4, the registration of such change shall be made in advance.

[This Article Newly Inserted by Presidential Decree No. 18910, Jun. 30, 2005] Article 18 (Delegation of Authority)

The Minister of Environment shall delegate the following authority to the head of a basin environment office or the head of a regional environment office in accordance with the provisions of Article 27 of the Act:

1. The establishment of the measuring network and the regular measuring in accordance with the provisions of Article 5 (1) of the Act;

2. The detailed soil survey in accordance with the provisions of Article 5 (4) of the Act;

3. The expropriation or use of land, etc. in accordance with the provisions of Article 7 (1) of the Act;

4. The designation of soil-related specialized institutions and the publication thereof under Article 23-2 (1) and (3) of the Act;

5. The administrative disposition taken against any soil-related specialized institutions under Article 23-6 of the Act;

5-2. The registration of any soil purification business, and any change in such registration, under Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 658

Article 23-7 (1) of the Act;

5-3. The revocation of a soil purification business registration, and the suspension of the operator's business, under Article 23-10 of the Act;

6. The report, the submission of data and inspection under Article 26-2 (2) of the Act;

7. The hearing held under subparagraphs 2 and 3 of Article 26-5 of the Act; and

8. The imposition and collection of the fine for negligence in accordance with the provisions of Article 32 of the Act.

Article 19 (Imposition and Collection of Fine for Negligence) (1) When the Minister of Environment or the Mayor/Do governor (hereinafter referred to as the "imposing authority") imposes a fine for negligence in accordance with the provisions of Article 32 (3) of the Act, he shall investigate and confirm the act of violation and shall notify the person subject to the disposition of the fine for negligence of the facts of the violation, a method of raising an objection, and the period for raising an objection.

(2) When the imposing authority imposes the fine for negligence in accordance with the provisions of paragraph (1), he shall give the person subject to the disposition of the fine for negligence an opportunity to state a written or oral opinion (including electronic documents) after having designated a period of not less than 10 days for doing so. In the event no opinion is stated within the designated period, it shall be considered that there is no opinion. (3) The amount of the fine for negligence and the collection procedures therefor shall be determined by the Minister of Environment.

ADDENDUM

This Decree shall enter into force on January 6, 1996. ADDENDA (1) (Enforcement Date) This Decree shall enter into force on January 1, 1999: Provided, That the amended provisions of Article 8 (3) 3 shall enter into force on April 1, 1999. (2) (Transitional Measures concerning Examination of Level of Soil Contamination) With respect to facilities which fall under the amended provisions of Article 8 (2) 1 (a) or (b) at the time this Decree enters into force under the main sentence of paragraph (1) and for which six months have not passed since the examination of the level of soil contamination was made under the previous provisions, the examination of the level of soil contamination which is to be conducted first after the enforcement of this Decree shall be exempted, notwithstanding the amended provisions of Article 8 (2) 1: Provided, That this shall not apply to the facilities which fall under the proviso of the same subparagraph. (3) Omitted.

ADDENDUM This Decree shall enter into force on January 1, 2002. ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.) . Waterworks & Sewerage

7. Enforcement Decree of the Soil Environment Conservation Act 659

Articles 2 through 5 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2003. Articles 2 through 17 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 and 3 Omitted.

ADDENDUM This Decree shall enter into force on the date of its promulgation. ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on July 1, 2005: Provided, That the amended provisions of Articles 8-2 (1) 1, 11, and 11-2 shall take effect on January 1, 2006, and the amended provisions of Article 8 (1) 2 and (3) (limited to the matters relating to the examination of leakage) on July 1, 2006. Article 2 (Applicable Cases concerning Corrective Order) The amended provisions of Article 8-3 concerning the period of implementing a corrective order and the extension of such a period shall apply to any person to whom such corrective order is given on or after the enforcement date of this Decree.

Article 3 (Transitional Measures concerning Leakage Examination) (1) Notwithstanding the amended provisions of Article 8 (1) 2 concerning the examination of leakage, the facilities subject to leakage examination for which not less than fifteen years have passed at the time of the enforcement of the said provisions since they were installed shall undergo the examination of leakage not later than June 30, 2007, and the facilities subject to leakage examination for which not less than ten years but less than fifteen years have passed at the time of the enforcement of the said provisions since their installation, not later than June 30, 2008, respectively. (2) Notwithstanding the provisions of paragraph (1), if the examination of leakage as referred to in Article 8 (1) 2 (a) is undergone after July 1, 2001 (referring to July 1, 2002 in case of the facilities for which not less than ten years but less than fifteen years have passed since their installation) or the examination of leakage as referred to in Article 8 (1) 2 (b) is undergone after July 1, 2003 (referring to July 1, 2004 in case of the facilities for which not less than ten years but less than fifteen years have passed since their installation), the next examination of leakage shall be undergone according to the classification of items of Article 8 (1) 2 on the basis of the date when such examination is conducted.

Article 4 (Transitional Measures concerning Standards for Designation of Soil-Related Specialized Institution) Any person who is designated as a soil contamination survey institution at the time of the entry into force of this Decree shall receive the designation of its change after equipping himself with the examination facilities and equipment and the technical manpower as described in the amended provisions of subparagraph 1 of the attached Table 1 within six months from the date when this Decree takes Reproduced from statutes of Republic of Korea

Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 660

effect, and any person who is designated as a leakage examination institution at the time of the entry into force of this Decree shall receive the designation of its change after equipping himself with the examination facilities and equipment and thetechnical manpower as described in the amended provisions of subparagraph 2 of the attached Table 1 within one year from the date when this Decree takes effect.

ADDENDA Article 1 (Enforcement Date)

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

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on October 5, 2008. (Proviso Omitted.) Articles 2 and 3 Omitted.

ADDENDA Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation. Articles 2 through 4 Omitted.


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