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Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 696
ENFORCEMENT DECREE OF THE WASTES CONTROL ACT
Wholly Amended by Presidential Decree No. 20244, Sep. 6, 2007 Amended by Presidential Decree No. 20290, Sep. 27, 2007 Presidential Decree No. 20478, Dec. 28, 2007
Presidential Decree No. 20946, Jul. 29, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters delegated by the Wastes Control Act and such matters as may be necessary for the enforcement thereof. Article 2 (Scope of Places of Business)
The term "other place of business specified by Presidential Decree" in subparagraph 3 of Article 2 of
the Wastes Control Act (hereinafter
referred to as the "Act") means any of the following places of business:
1. A place of business in which a terminal wastewater treatment facility has been installed and operated
under Article 48 (1) of
the Water Quality and Ecosystem Conservation Act;
2. A place of business in which a public sewage treatment facility has been installed and operated
under Article 11 (4) of the Sewerage
Act;
3. A place of business in which a public excreta treatment facility has been installed and operated
under subparagraph 10 of Article
2 of the Sewerage Act;
4. A place of business in which a public treatment facility has been installed and operated under
Article 24 of the Act on the Management
and Use of Livestock Excreta;
5. A place of business in which a waste disposal facility has been installed and operated under Article
29 (2) of the Act (including
the facilities installed by persons who hold a licence for a waste
management business under Article 25 (3) of the Act);
6. A place of business from which controlled wastes as defined in subparagraph 4 of Article 2 of
the Act are discharged;
7. A place of business from which wastes are discharged average 300 kilograms or more daily;
8. A place of business in which the wastes from construction works under subparagraph 4 of Article
2 of the Framework Act on the
Construction Industry amount to five tons or more (which refer
to the quantity of wastes discharged therefrom during a period of
time from the commencement
to the completion of the works); or
9. A place of business in which the wastes from a series of construction works (excluding the construction
works under subparagraph
8) or other works amount to five tons or more (which refer to the quantity
of wastes discharged therefrom during a period of time
from the commencement to the completion
of the works).
Article 3 (Types of Controlled Wastes)
The controlled wastes as defined in subparagraph 4 of Article 2 of the Act shall be as listed in Table
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2. Enforcement Decree of the Wastes Control Act
697
1, attached hereto.
Article 4 (Types of Medical Refuse
The medical refuse as defined in subparagraph 5 of Article 2 of the Act shall be as listed in Table
2, attached hereto.
The waste disposal facilities as defined in subparagraph 8 of Article 2 of the Act shall be as listed
in Table 3, attached hereto.
Article 6 (Waste Minimization Facilities)
The term "facilities ..... as specified by Presidential Decree" in subparagraph 9 of Article 2 of the Act
means the facilities listed
in Table 3, attached hereto.
CHAPTER DISCHARGE AND MANAGEMENT OF WASTES
Article 7 (Standards of Waste Management)
(1) The standards and methods for collection, transportation, storage, and disposal of wastes under Article
13 of the Act shall
be as follows: 1. Wastes shall be collected, transported, and stored after being sorted by types, characteristics, conditions,
recyclability and
combustibility: Provided, That this may not apply to wastes, other than medical
refuse, which fall under any of the following cases:
(a) Where wastes that shall be managed by identical standards and method are disposed of at
an identical waste disposal facility
or place;
(b) Where a mixture of two or more different kinds of wastes is produced or discharged at the
same time; or
(c) Where each Special Self-Governing Province or Si/Gun/Gu involved (the Special Metropolitan
City and other Metropolitan Cities
are not included in the term of Si, while Gu refers only
to an autonomous Gu; the same shall apply hereinafter) has different rules
on classification
of wastes pursuant to Municipal Ordinance of each Special Self-Governing Province or Si/Gun/Gu,
considering separate
waste collection plan or specific regional conditions of each of them;
2. Wastes shall be kept from being blown off by wind or from leaking out, in the course of collection,
transportation, or storage.
The water leaching therefrom shall be contained so as not to be drained
out, and the water seeping therefrom shall, if any, be disposed
of as prescribed by Ordinance
of the Ministry of Environment;
3. Wastes shall not be transported to any place other than a place at which they can be properly managed
and stored: Provided, That
the foregoing shall not apply in cases where a person who holds a
license for a waste collection and transportation business under
Article 25 (5) 1 of the Act needs
to collect wastes using a vehicle with smaller loading capacity and then transfer them to a vehicle
with larger loading capacity, as prescribed by Ordinance of the Ministry of Environment;
4. The wastes produced in the course of an interim treatment process shall be deemed as wastes newly
produced, and thus the person
who have produced such wastes shall take such action as reporting
under Article 17 (2) of the Act or obtaining verification under
paragraph (3) of the same Article of
the Act and other necessary action, and shall dispose of them properly in accordance with the
method
adequate for disposal of wastes involved: Provided, That any wastes newly produced after being
treated through an interim
treatment process at a mechanical treatment facility under subparagraph
Reproduced from statutes of Republic of Korea
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698
1 (b) of Table 3, attached hereto, shall be regarded as wastes at a stage prior to interim treatment,
if the nature and conditions
of the wastes after such treatment remain unchanged as those of
the wastes before such treatment;
5. Wastes shall be disposed of at a wastes disposal facility: Provided, That the foregoing shall not
apply in cases where a person
who discharges household wastes disposes of the wastes in accordance
with Article 15 (1) of the Act or where any other wastes are
disposed of in any other manner
prescribed by Ordinance of the Ministry of Environment;
6. Every person who keeps wastes in storage for disposal of such wastes shall keep such wastes
in a place of business which has the
relevant waste disposal facility: Provided, That the foregoing
shall not apply in cases where a person who has filed a report on
recycling of wastes under Article
46 of the Act (hereinafter referred to as a "reported wastes recycler") keeps commercial wastes
in storage for recycling as prescribed by Ordinance of the Ministry of Environment;
7. Reported wastes recyclers and persons who have installed and operate a multi-regional waste
disposal facility under Article 5
(1) of the Act (including person to whom installation and operation
of such a facility has been commissioned under Article 5 (2)
of the Act) shall dispose of wastes
within the period of time prescribed by Ordinance of the Ministry of Environment: Provided,
That
the foregoing shall not apply in cases where an unavoidable event or cause, such as a fire, a
serious accident, a labor dispute,
or abandoned wastes delivered and kept in storage, makes it
impossible to dispose of wastes within the prescribed period of time,
subject to approval from
the Special Metropolitan City Mayor, the Metropolitan City Mayor, Do governor, or the governor
of the
Special Self-governing Province (hereinafter referred to as the "Mayor/Do governor"), or
the head of the competent environment office
of the river system or the region involved;
8. A mixture of two or more different kinds of wastes shall be disposed of in any of the following
manners, if it is difficult to
separate them:
(a) A mixture of wastes containing an waste acid or alkali shall be properly disposed of after
being treated by a process of neutralization;
or
(b) A mixture of wastes subject to ordinary incineration shall be disposed of by a process of
high-temperature incineration, if
it contains any wastes requiring high-temperature incineration;
9. In cases where wastes are disposed of by landfill, such wastes shall be disposed of at a landfill
facility equipped with facilities
for cutting off water-flow and collecting water, tanks for regulating
the volume of water, and facilities for treating seeping water,
and also with a facility for gas
incineration or power generation and fuel-making: Provided, That such wastes may be disposed
of
at a landfill facility without all or part of the afore-mentioned facilities, if it is concluded that there
is no likelihood of
water seeping or gas being produced therefrom nor any possibility of contaminating
its surrounding environment by water seeping
or gas being produced therefrom, as prescribed by Ordinance
of the Ministry of Environment;
10. Any wastes, such as dust, burnt refuse, and sludge shall, if they do not fall within controlled
wastes, where the strength of
hydrogen ion contained therein shows no lower than 12.5 or no
higher than 2.0, be disposed of at a controlled landfill facility,
ensuring that such wastes do not
cause any trouble to the performance of the facilities for cutting off water-flow and treating
the
water seeping from the wastes at the landfill facility; and
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2. Enforcement Decree of the Wastes Control Act
699
11. Recyclable wastes shall be processed so as to be re-usable.
(2) Further specific standards and methods for collection, transportation,
storage, and disposal of wastes
under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.
Article 8
(Household Waste Disposal Agency)
The term "person specified by Presidential Decree" in Article 14 (2) of the Act means any of the following
persons: 1. A person who holds a license for a waste management business under Article 25 (3) of the Act (hereinafter
referred to as a "waste
management business operator");
2. A person who has a waste disposal facility installed under Article 26 (2) of the Act and engages in
recycling of wastes of food
or agricultural, marine, or livestock products (hereinafter referred to as
"food wastes");
3. A reported wastes recycler;
4. The Korea Environment and Resources Corporation under the Korea Environment and Resources
Corporation Act (applicable only to
recycling of wastes plastic films or sheets, or wrapping materials
for agricultural chemicals, such as containers thereof, produced
from agricultural activities);
5. A person who engages in manufacturing, importing, or selling electronic home appliances or similar
and who has a system for collecting
and disposing of wastes of such electronic home appliances
or similar, directly in order to recycle the wastes produced therefrom,
as publicly notified by Ordinance
of the Ministry of Environment;
6. A person who collects food wastes and recycles them as feed for livestock or compost; or
7. A manager of a recycling center under Article 13-2 of the Act on the Promotion of Saving and
Recycling of Resources (referring
only to collecting, transporting, and recycling of large-sized wastes
under subparagraph 8-2 of Article 2 of the same Act).
Article
9 (Business Operators with Duty to Comply with Guidelines for Reduction of Wastes)
The persons who owe a duty to comply with the
guidelines for restraining production of commercial
wastes under Article 17 (5) of the Act shall be as listed by types and sizes
of business in Table
5, attached hereto.
Article 10 (Conditions of Licenses Granted for Waste Management Businesses)
(1) The term "necessary conditions" in the main sentence
of Article 25 (6) of the Act means the conditions
deemed by the licensing authority for waste management businesses as necessary
for the convenience
of residents' daily lives, environmental preservation of surroundings, efficiency of waste management
businesses,
etc.
Article 11 (Amount of Penalty Surcharge Imposed against Offenses)
(1) The amount of penalty surcharge to be imposed against each
category and degree of offense under
Article 28 (2) of the Act shall be as listed in Table 6, attached hereto.
(2) The Minister
of Environment or the Mayor/Do governor may increase or decrease the amount of
penalty surcharge under paragraph (1) by one half
thereof or less, considering the size of the business
establishment concerned, the characteristics of the business territory, the
degree and frequency of
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Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
700
offenses, etc.: Provided, That the total amount of penalty surcharge so increased shall not exceed
100 million won.
Article 11-2 (Imposition and Payment of Penalty Surcharges)
(1) Where the Minster of Environment or a Mayor/Do governor intends
to impose a penalty surcharge
under Article 28, he/she shall send a written notice, clearly stating the types of offense and penalty
surcharges corresponding thereto, and demand payments therefor.
(2) A person who has received a notice under paragraph (1) shall
pay for penalty surcharge to a
receiving agency prescribed by an authority that has imposed such penalty surcharges.
(3) A receiving
agency that has received penalty surcharges under paragraph (2) shall issue a receipt
to a payor, and immediately notify the Minister
of Environment or the relevant Mayor/Do governor
of the fact.
(4) A penalty surcharge may not be paid in installments.
[This Article Newly Inserted by Presidential Decree No. 20946, Jul. 29,
2008]
Article 12 (Purpose of Use of Penalty Surcharge)
The amount collected as a penalty surcharge under Article 28 (4) of the Act shall be expended for
the following purposes: 1. For expansion of multi-regional waste disposal facilities under Article 5 (1) of the Act (including
public disposal facilities
for controlled wastes);
2. For disposal of wastes in order to eliminate anticipated hazards to the environment, in cases where
the wastes do not conform
to the standards of the waste management under Article 13 of the
Act because they have been disposed of improperly, but it is impossible
to locate the whereabouts
of the person who disposed of such wastes or who commissioned the disposal of such wastes;
or
3. For purchasing and operating the facilities and equipment necessary for guidance for and inspection
of waste disposal facilities.
Article 13 (Waste Disposal Facilities Subject to Pollutants Measurement)
The term "waste disposal facility as specified by Presidential
Decree" in Article 31 (2) of the Act means
a landfill facility.
[This Article Wholly Amended by Presidential Decree No. 20946, Jul. 29, 2008]
Article 14 (Duty of Waste Disposal Facilities to Assess
Impact on Surroundings)
The term "waste disposal facility as specified by Presidential Decree" in Article 31 (3) of the Act means
any of the following facilities installed and operated by a waste management business operator:
1. An incineration facility for commercial wastes with a daily disposal capacity of at least fifty tons
(referring to a number of
incineration facilities with a daily disposal capacity of at least fifty tones
as a whole, in cases where there are a number of
incineration facilities within an identical place
of business);
2. A landfill facility for controlled commercial wastes with an area of at least 10,000 square meters
for landfill;
3. A landfill facility for ordinary commercial wastes with an area of at least 150,000 square meters
for landfill.
CHAPTER GUIDANCE FOR, AND SUPERVISION ON
WASTE DISPOSAL BUSINESS OPERATORS
Article 15 (Duty of Waste Disposal Facilities to Employ Technical Managers)
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701
The term "waste disposal facility as specified by Presidential Decree" in Article 34 (1) of the Act means
any of the following facilities:
Provided, That a waste disposal facility operated by any waste management
business operator shall not be included herein: 1. A landfill facility:
(a) A land facility for disposal of controlled wastes with an area of at least 3,300 square meters
for landfill:
Provided, That a landfill facility of sealed-off type under subparagraph 2 (a) ()
of Table 3, attached hereto, among the terminal
disposal facilities under the said subparagraph
shall have an area of at least 330 square meters or a capacity of at least 1,000
cubic meters
for landfill; or
(b) A landfill facility for disposal of any ordinary wastes other than controlled ones with an area
of at least 10,000 square meters
or a capacity of at least 30,000 cubic meters for landfill;
2. An incineration facility with a disposal processing capacity of at least 600 kilograms per hour
(or at least 200 kilograms if
it is an incineration facility for medical refuse);
3. A facility for compression, fragmentation, crushing, or cutting of wastes with a disposal processing
capacity of at least 100
tons per day;
4. A facility for producing feed, compost or fuel with a disposal processing capacity of at least five
tons per day; or
5. A facility for sterilization and crushing of wastes with a disposal processing capacity of at least
100 kilograms per hour.
Article 16 (Agent for Technical Management)
The following persons shall be qualified as a technical management agent, who shall be responsible
for the maintenance and management
of a waste disposal facility under Article 34 (1) of the Act:
1. The Korea Environment and Resources Corporation under the Korea Environment and Resources
Corporation Act;
2. An entity that engages in an engineering service with a report filed under Article 4 of the Engineering
Technology Promotion Act;
3. A professional engineering office under Article 6 of the Professional Engineers Act (which shall
be limited to an office established
by a professional engineer who holds the qualification under
Article 34 (2) of the Act); and
4. Any other person recognized and publicly announced by the Minister of Environment as being
able to serve as an agent for technical
management.
Article 17 (Persons Eligible for Training Courses)
The term "other persons in charge of waste management as specified
by Presidential Decree" in Article
35 (1) of the Act means the following persons: 1. Persons who have installed and operate a waste disposal facility under Article 2 of the Act (excluding
the waste disposal facilities
to which a technical manager is assigned in accordance with Article
34 (1) of the Act)) or their employees in charge of technical
matters;
2. Persons who have reported themselves as commercial waste producers under Article 17 (2) of the
Act or their employees in charge
of technical matters;
3. Business operators who discharge controlled wastes requiring verification for disposal under Article
17 (3) of the Act or their
employees in charge of technical matters;
4. Business operators who do not fall within any category under subparagraph 2 or 3, but who discharge
Reproduced from statutes of
Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
702
commercial wastes, or their employees in charge of technical matters, as specified by Ordinance of
the Ministry of Environment;
5. Persons who hold a license for a waste collection and transportation business under Article 25 (3)
of the Act or their employees
in charge of technical matters; and
6. Reported wastes recyclers or their employees in charge of technical matters.
Article 18 (Performance Guarantee Insurance for Abandoned
Wastes)
(1) The effective term of the insurance under Article 40 (1) 2 of the Act (hereinafter referred to as "performance
guarantee
insurance") shall be one year or more, in one-year lots, but the guarantee covered by the
insurance policy shall be valid for sixty
days after the expiration of the insurance policy.
(2) Notwithstanding paragraph (1), the effective term of the performance guarantee
insurance policy
initially purchased shall expire on December 31 of the following year.
(3) A person who purchases a performance
guarantee insurance policy from an insurance company
shall specify, in the insurance policy, a condition that the Minister of Environment
or Mayor/Do governor
may receive direct payment of the insurance proceeds from the insurance company.
Article 19 Deleted. 1. If the wastes are animal residues or medical refuses that are likely to be decomposed or deteriorated
such as organs: Fifteen
days;
2. If abandoned wastes cause or are likely to cause a serious hazard to the conservation of the living
environment: The period of
time determined by a person who has authority to issue an order to dispose
of such wastes, which shall be no less than three days,
but no more than one month; or
3. If any event other than those under subparagraphs 1 and 2 occurs: One month.
(2) If a waste management business operator or a
reported wastes recycler suspends the operation
of his/her business due to an unavoidable reason such as a complaint from residents
or labor
relations, the Minister of Environment or Mayor/Do governor may, upon receiving an application
from the waste management
business operator or the reported wastes recycler, extend the period
of time for disposing of wastes as ordered under Article 40
(2) of the Act only once within the period
of time prescribed in paragraph (1).
Article 21 (Guidelines for Computation of Insurance Proceeds of Waste Management Business)
(1) The guidelines for the computation
of insurance proceeds of waste management business under
Article 40 (4) of the Act shall be as prescribed in the following subparagraphs:
1. For each waste management business operator: One and a half times the amount calculated by
multiplying the unit cost for disposal
of each type of waste by the quantity under Article 25 (9)
of the Act (hereinafter referred to as the "permissible storage quantity")
(or three times the amount
calculated by multiplying the unit cost for disposal of each type of waste by the excessive storage
quantity, if the quantity exceeds the permissible storage quantity); and
2. For each reported wastes recycler: One and a half times the amount calculated by multiplying
the unit cost for disposal of each
type of waste by the quantity that he/she can keep in his/her
storage facility under Article 46 (2) of the Act (hereinafter referred
to as the "storable quantity").
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2. Enforcement Decree of the Wastes Control Act
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(2) The unit cost for disposal of each type of waste under paragraph (1) shall be determined and
publicly notified by the Minister
of Environment, considering the nature and conditions of each type
of waste, the disposal methods, and other factors.
Article 22
(Renewal of Performance Guarantee Insurance)
(1) Each insurance policy for the performance guarantee insurance under Article 40
(7) 1 of the Act
shall be renewed at least thirty days before the expiration of the insurance.
(2) In cases where it is necessary
to change the amount of performance guarantee insurance proceeds
in relation to Article 40 (7) 2 of the Act, the relevant insurance
policy shall be renewed, within fifteen
days from the date on which a cause for such change arises.
(3) Any person who newly purchases a performance guarantee insurance policy or renews an insurance
policy under Article 40 (9) of
the Act shall submit the original set of the relevant insurance policy to
the Minister of Environment or Mayor/Do governor, within
fifteen days from the date of purchase
or renewal.
(4) Deleted.
1. If the wastes involved have been abandoned by a waste management business operator: No more than
one and a half times the storage
quantity of wastes permissible to the waste management business
operator; and
2. If the wastes involved have been abandoned by a reported wastes recycler: No more than one and
a half times the quantity of wastes
storable by the reported wastes recycler.
(2) The Minister of Environment or Mayor/Do governor shall, whenever he/she intends to
order a
mutual aid association of waste management businesses to dispose of abandoned wastes, prescribe
the period of time for
such disposal within the limit of two months, considering the seriousness of
the possible contamination of the surrounding environment,
the disposal capacity for abandoned wastes,
and other factors: Provided, That the Minister of Environment or Mayor/ Do governor
may, if he/she
finds it difficult to dispose of abandoned wastes within the prescribed period of time due to any unavoidable
cause
or event, extend the period of time only once within the limit of one month.
CHAPTER SUPPLEMENTARY PROVISIONS
Article 23-2 (Affairs which Electronic Information Processing Program is to be Used for)
The term "affairs prescribed by Presidential
Decree" as referred to in Article 45 (3) of the Act means
the following:
1. Submission of documents for report, verification, or report or verification on amendment under
the provisions of Article 17 (2)
through (4) of the Act;
2. Submission of documents for reports on import or export of waste, or amendments thereon under
Article 24-2 (1) or (2) of the Act;
3. Submission of documents for waste management plans, approval, approval for amendments, or
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report on amendments under Article 25 (1), (3) or (11) of the Act;
4. Submission of documents for approval for, report on waste disposal facilities, or approval for amendments
or records on amendments
thereon under the provisions of Article 29 (2) through (4) of the Act;
5. Records on waste collection, transporting or disposal under Article 36 (2); or
6. Submission of reports under Article 38 (1).
[Newly Inserted by Presidential Decree No. 20946, Jul. 29, 2008]
Article 23-3 (Amount
of Penalty Surcharges on Violation Subject to Penalty Surcharge)
(1) The amount of penalty surcharges depending on the types and
degrees of offenses committed by
a reported waste recycler under Article 46-2 (2) are as prescribed by the annexed Table 7.
(2)
The relevant Mayor/Do governor may increase or reduce the amount of penalty surcharges under
paragraph (1) by one half thereof or
less, considering the scale of business concerned, the characteristics
of business regions, the degree and frequency of offenses,
etc: Provided, That even in cases of an
increase, the total amount ofa penalty surcharge may bot exceed 50 million won.
(3) Article
11-2 shall apply muntatis muntandis to procedures for imposition and payment of penalty
surcharges under Article 46-2 (1) of the
Act.
[Newly Inserted by Presidential Decree No. 20946, Jul. 29, 2008]
Article 23-4 (Usage for Penalty Surcharges)
The term "usage prescribed by Presidential Decree" as referred to in Article 46-2 (4) means the
following:
1. Expansion of waste disposal facilities for broader areas;
2. Expansion of public recycle facilities under Article 34-4 of the Act on the Promotion of Saving
and Recycling of Resources;
3. Disposal of wastes that have not been properly recycled by a waste recycling business under
Article 46 of the Act; or
4. Purchase and operation of facilities and equipment necessary for guidance for, and inspection on
waste recycling businesses.
[Newly Inserted by Presidential Decree No. 20946, Jul. 29, 2008]
Article 24 (Subject Matters of Follow-up Management)
The term
"landfill facility for wastes specified by Presidential Decree" in Article 50 (2) of the Act means
a landfill facility under subparagraph
2 (a) of Table 3, attached hereto, among the terminal disposal facilities
under the said subparagraph: Provided, That a landfill
facility for burnt coal briquettes, pottery fragments,
or similar shall not be included herein, if the Minister of Environment concludes
that the facility does
not require any follow-up management, including the operation of a treatment facility for seeping water
under Article 50 (2) of the Act.
Article 25 (Agent for Follow-up Management)
The following persons shall be qualified to serve as an agent to provide follow-up management services
for a waste disposal facility
under Article 50 (4) of the Act:
1. The Korea Environment and Resources Corporation under the Korea Environment and Resources
Corporation Act; and
2. Other persons recognized and publicly notified by the Minister of Environment as being able to serve
as an agent to provide follow-up
management services.
Article 26 (Deposit of Follow-up Management Expenses)
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2. Enforcement Decree of the Wastes Control Act
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(1) The Minister of Environment shall, within fifteen days after a person who has installed a landfill
facility for the wastes requiring
follow-up management under Article 51 (1) of the Act and files a report
on the discontinuance of operation or the closure of the
facility under Article 50 (1) of the Act, notify
such person that the facility is subject to the payment of expenses required for
follow-up management
as a performance guarantee bond for such follow-up management under Article 51 of the Act (hereinafter
referred
to as a "performance guarantee bond for follow-up management") as prescribed by Ordinance
of the Ministry of Environment, if the
facility is likely to cause a serious hazard to the health or property
of residents or its surrounding environment by seeping water
or leaking gas from the landfill facility.
(2) The person who receives a notice that his/her facility is subject to the payment
of a performance
guarantee bond for follow-up management under paragraph (1) shall prepare a statement of expenses required
for
follow-up management (hereinafter referred to as "statement of estimated expenses") according to the
guidelines for calculation
of the performance guarantee bond for follow-up management under Article 30,
as prescribed by Ordinance of the Ministry of Environment,
and shall submit it to the Minister of Environment
within one month from the date on which such notice is delivered.
(3) The Minister
of Environment shall, upon receiving the statement of estimated expenses under
paragraph (2), determine the expenses required for
follow-up management within one month from
the date on which the statement is submitted, and shall dispatch a notice to the person
who has installed
the relevant facility to demand him/her to pay the performance guarantee bond amounting to such
expenses (if
a person has accumulated the performance guarantee bond under Article 33 as an advance
reserve. The amount that he/she pays additionally
shall be that calculated by subtracting the interest
at the interest rate of one-year fixed term installment bank deposit per annum
for the advance accumulation
period plus the accumulated advance reserve from the full amount of the performance guarantee bond)
within a given period of time, which shall be up to one month.
(4) A person who has received a notice of payment under paragraph
(3) shall pay the amount on
the notice to an agency for follow-up management for waste disposal facilities (hereafter referred
to as a "follow-up management agency"), as prescribed by Article 50 (4) of the Act.
(5) A follow-up management agency that has received follow-up management expenses under paragraph
(4) shall issue a receipt thereof,
and immediately notify the Minister of Environment of such fact.
1. Insurance purchased for the guarantee of follow-up management;
2. An advance reserve accumulated to cover the expenses for follow-up management under Article
52 of the Act; or
3. The substitution under paragraph (3) 2.
(3) The term "other ground specified by Presidential Decree" in Article 51 (1) 3 of the
Act means
any of the following grounds:
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1. The person who has installed the waste landfill facility is the State or a local government; or
2. The person tenders an asset as collateral for all or part of the expenses for follow-up management.
Article 28 (Submission of
Performance Guarantee Insurance Policy for Follow-up Management)
A person who falls under Article 27 (2) 1 and wishes to tender
a substitute for the deposit of
expenses required for follow-up management shall submit an insurance policy that shall guarantee
the payment of the performance guarantee bond for follow-up management, in whole or in part,
as notified for payment pursuant to
Article 26 (3) to a follow-up management agency within the
period of time prescribed for such payment.
(1) A person who falls under Article 27 (2) 3 and desires to convey a substitute for the deposit of expenses
required for follow-up
management shall tender an asset as collateral with an appraised value (which
means a value appraised in accordance with the Public
Notice of Values and Appraisal of Real Estate
Act) equivalent to the full amount or part of the performance guarantee bond for follow-up
management
as notified for payment pursuant to Article 26 (3) to a follow-up management agency within the period
of time prescribed
for such payment. 1. The performance guarantee bond for follow-up management shall be calculated by adding up the
following expenses required during
the follow-up management period under Article 50 (2) of the
Act: Provided, That the expenses under item (a), (b), and (d) shall
be excluded therefrom, if
the facility involved is a sealed-off landfill facility under subparagraph 2 (a) (i) of Table 3, attached
here, which falls within the category of the terminal disposal facilities under the said subparagraph:
(a) Expenses incurred in
operation, maintenance, and management of the facilities for treatment
of seeping water;
(b) Expenses incurred in treatment of gas emitted from the landfill facility;
(c) Expenses incurred in maintenance and management
of testing wells of ground water and inspection
of ground water contamination;
(d) Expenses incurred in preventing embankments or similar of the landfill facility from being eroded
by water; and
(e) Expenses incurred in conducting research on environmental pollution around the landfill facility;
and
2. The expenses incurred in the follow-up management, which serve as basic data for calculation
of the performance guarantee bond
for follow-up management, shall be calculated by considering
the types and quantity of wastes disposed of in each landfill facility,
the types of landfill facility
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involved, topographical factors, the quantity and density of seeping water, and the method of treatment
of seeping water and other
factors.
(2) The further detailed guidelines and methods of calculation of expenses in connection with performance
guarantee bond for follow-up
management under paragraph (1) and other necessary matters shall be
prescribed and publicly notified by the Minister of Environment.
Article 31 (Guidelines for Refund of Performance Guarantee Bond for Follow-up Management)
Performance guarantee bonds under Article
51 (4) of the Act shall be refunded each year in accordance
with the following guidelines:
1. In cases where the works for follow-up management have been completed, the amount of refund shall
be the amount deposited for
the expenses for follow-up management for the pertinent year, plus interest
at the statutory interest rate under Article 379 of
the Civil Act; and
2. In cases where the works for follow-up management have been partially performed, the amount of
refund shall be calculated by multiplying
the amount deposited for the expenses for follow-up management
for the pertinent year by the performance ratio of follow-up management
as determined by the Minister
of Environment, plus interest at the statutory interest rate under Article 379 of the Civil Act.
Article 32 (Procedure for Refund of Performance Guarantee Bond for Follow-up Management)
(1) A person who seeks a refund of the
performance guarantee bond for follow-up management shall
file an application for such refund each year with a follow-up management
agency, along with the
accompanying documents specified by Ordinance of the Ministry of Environment.
(2) The a follow-up management agency shall, upon receiving an application for refund under paragraph
(1), determine the amount
of the refund out of the performance guarantee bond for follow-up management
in accordance with the guidelines for refunding under
Article 31 and pay the amount accordingly.
Article 33 (Advance Reserve of Performance Guarantee Bond for Follow-up Management)
(1) The landfill facilities for the wastes subject
to the advance accumulative reserve of the performance
guarantee bond for follow-up management under Article 52 (1) of the Act shall
have an area of 3,300
square meters or more.
(2) A person who has installed a landfill facility under paragraph (1) shall submit a plan for accumulation
of advance reserve to
the Minister of Environment within one month from the commencement date
of operation of the facility as prescribed by Ordinance
of the Ministry of Environment.
(3) The Minister of Environment shall, upon receiving a plan for accumulation of the advance reserve
under paragraph (2) from a person, notify that person that he/she shall pay the advance reserve each
year in accordance with the
plan: Provided, That the notice for the initial payment shall be issued
within one month after the first anniversary of the commencement
date of operation of the facility.
(4) A person who has received a notice of payment shall pay a notified amount to a follow-up
management
agency each year.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
708
facility, pursuant to Article 52 (2) of the Act.
(1) The period of time during which use of land is restricted pursuant to Article 54 (1) of the Act
shall not exceed twenty years
from the date on which the operation of the waste landfill facility discontinues
or the facility is permanently closed down.
(2) A person who has the ownership of, or any interest other than ownership in, the land on which
a landfill facility disused or
closed down is situated shall, if he/she desires to use the land, submit
a land use plan to the Minister of Environment along with
the accompanying documents specified
by Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, upon receiving a land use plan under paragraph (2), determine
the purpose of use of the land,
the period of time during which the use of the land is restricted, etc.,
and then notify the person who has the ownership of, or
interest other than ownership in, the land
under paragraph (2), as prescribed by Ordinance of the Minister of Environment.
Article
36 (Hearing of Opinions on Matters concerning Follow-up Management of Waste Disposal Facilities)
(1) As regards the execution of
follow-up management of waste disposal facilities under the Act and this
Decree, opinions from competent experts shall be sought
in determining the following matters:
1. Determining the facilities for which the payment of the performance guarantee bond for follow-up
management is required under
Article 26 and the guidelines for calculation of the expenses incurred
in follow-up management of each waste landfill facility;
2. Determining the guidelines for calculation of the performance guarantee bond for follow-up management
of waste landfill facilities
under Article 30; and
3. Determining the period of time during which the use of the land on which a landfill facility disused
or closed down is situated,
is restricted pursuant to Article 35.
Article 36-2 (Responsibilities of Korea Landfill Association)
(1) The Korea Landfill Association
under Article 58-2 (1) of the Act (hereafer referred to as the
"Association")shall take the following responsibilities:
1. Directing, inspection and research for the development of waste industry;
2. Public relation, education and training for waste-related affairs;
3. International exchange and cooperation for waste-related affairs;
4. Waste-related affairs that have been commissioned from the State or a local government; and
5. Other affairs prescribed by its articles of incorporation.
(2) The association shall have the general assembly, the board of directors,
an executive office.
[Newly Inserted by Presidential Decree No. 20946, Jul. 29, 2008]
Article 37-3 (Executive Members and Ways
of Election)
(1) The Association shall have the chairperson, a vice chairperson and directors and auditors as its
executive members.
(2) The chairperson and vice chairperson shall be elected by the board of directors, and approved
by the general assembly.
(3) Matters necessary for the terms and number of executive members, and ways of election shall
be prescribed by its articles of
association.
[Newly Inserted by Presidential Decree No. 20946, Jul. 29, 2008]
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2. Enforcement Decree of the Wastes Control Act
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Article 37 (Delegation of Authority)
(1) Pursuant to Article 62 (1) of the Act, the Minister of Environment shall delegate to the Mayor/Do
governor his/her authority
over the following affairs: 1. Authority to take the following action in relation to the persons who collect and transport the controlled
wastes produced from
any place other than the places of business in which the discharging facilities
have been installed under the Clean Air Conservation
Act, the Water Quality and Ecosystem Conservation
Act, or the Noise and Vibration Control Act (which shall be limited to the factories
under the
Industrial Cluster Development and Factory Establishment Act) as defined in subparagraph 3 of
Article 2 of the Act, the
medical refuse produced from any institution other than general hospitals
under Article 3 (3) of the Medical Service Act (hereinafter
referred to as a "general hospital"),
or persons who discharge, transport, or dispose of controlled wastes, other than those for
which
verification by the Minister of Environment is required under Article 17 (3) of the Act;
(a) To certify documents and amendments
to such documents under Article 17 (3) and (4) of the
Act;
(b) Deleted; 2. Authority to take the following actions in relation to the waste disposal facilities under Article
29 (2) of the Act (excluding
the multi-regional waste disposal facilities under Article 5 (1) of
the Act, which have been installed jointly by two or more local
governments of the Special Metropolitan
City, any Metropolitan City, Do, or the Special Self-governing Province (hereinafter referred
to
as "City/Do") or Sis/Guns/Gus of two or more Cities/Dos, and the waste disposal facilities for
any controlled wastes other than
medical refuse produced from any institution other than general
hospitals):
(a) To grant approval for installation or accept a report on installation under Article 29 (2) of
the Act;
(b) To grant approval for amendments or accept a report on amendments under Article 29 (3)
of the Act;
(c) To carry out the matters relating to waste disposal facilities installed by schools, research
institutions, and similar for
the purpose of testing and research pursuant to Article 29 (2) 1
of the Act;
(d) To consult with the heads of relevant administrative agencies pursuant to Article 32 (3) of
the Act; and
(e) To accept reports on succession to rights and obligations pursuant to Article 33 (2) of the
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710
Act;
3. Authority to take the following actions in relation to the waste disposal facilities installed by waste
management business operators
under Article 25 (3) of the Act (excluding the waste management
business operators specializing in controlled wastes) and the waste
disposal facilities under
subparagraph 2 above;
(a) To accept reports on the results of measurement of pollutants pursuant to Article 31 (2) of
the Act;
(b) To accept reports on the results of assessment of impact on surrounding areas pursuant to
Article 31 (3) of the Act;
(c) To issue an order to improve, suspend the operation of, or close down a waste disposal facility
pursuant to Article 31 (4) or
(5) of the Act;
(d) To issue an order to take measurement of pollutants or conduct an assessment of impact on
surrounding areas pursuant to Article
31 (6) of the Act;
(e) To disclose to the public the results of measurement of pollutants and assessment of impact
on surrounding
areas pursuant to Article 31 (9) of the Act;
(f) To accept reports, issue orders to take corrective measures, designate a person
who shall vicariously
perform, and collect expenses therefor pursuant to Article 50 of the Act;
(g) To require a notice of deposit
or collection of the performance guarantee bond for follow-up
management pursuant to Article 51 of the Act;
(h) To require a notice of accumulation in advance and reserve for the performance guarantee
bond for follow-up management pursuant
to Article 52 of the Act;
(i) To place a restriction on use of land pursuant to Article 54 of the Act;
(j) To recognize a facility
as the one exempt from follow-up management pursuant to the proviso
to Article 24;
(k) To notify a facility that it is required for the payment of the performance guarantee bond
for follow-up management pursuant
to Article 26 (1);
(l) To accept a statement of expenses pursuant to Article 26 (2);
(m) To determine the expenses for follow-up
management and the period of time for the payment,
and dispatch a notice to demand the payment of the performance guarantee bond
for follow-up
management pursuant to Article 26 (3);
(n) Deleted;
(r) Deleted;
(v) To accept a land use plan pursuant to Article 35 (2); and
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2. Enforcement Decree of the Wastes Control Act
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(x) To determine and notify the purpose of use of land, the period of time during which the use
is restricted, etc.;
4. Authority to hold hearings within the extent of the authority delegated for the matters under Article
61 of the Act; and
5. Authority to impose and collect fines for negligence, pursuant to Article 68 of the Act within the
extent of the delegated authority.
(2) Pursuant to Article 62 (1) of the Act, the Minister of Environment shall delegate his/her authority
to take the following actions
to the head of each environmental office responsible for a river system
or a region: 1. Authority to take action under each item of paragraph (1) 1 in relation to any person other than
those under paragraph (1) 1;
1-2. Authority to accept a waste import report and report on amendments under Article 24-2 of
the Act;
2. Authority to take the following actions in relation to a waste management business specializing
in controlled wastes:
(a) To receive and examine a waste management business plan and notify whether the plan is
acceptable pursuant to Article 25 (1)
and (2) of the Act;
(b) To grant a license or amended license, accept a report on amendments, extension of license
or attach conditions,
and receive relevant documents pursuant to Article 25 (3), (4), (11), and
(13) of the Act;
(c) To revoke a license and issue an order to suspend business pursuant to Article 27 of the Act;
(d) To make a disposition of the
penalty surcharge pursuant to Article 28 of the Act;
(e) To consult with the heads of relevant administrative agencies pursuant
to Article 32 (3) of
the Act;
(f) To accept reports on succession to rights and obligations of a waste management business
pursuant to Article 33 (2) of the Act;
(g) To issue an order to dispose of wastes pursuant to Article 40 (2) of the Act;
(h) To take countermeasures pursuant to Article
40 (3) of the Act;
(i) To issue an order to renew an insurance policy for the performance guarantee pursuant to
Article 40 (8)
of the Act;
(j) To receive original sets of an insurance policy pursuant to Article 40 (9) of the Act;
(k) To receive notices pursuant to Article
40 (10) of the Act;
(l) Deleted; 3. Authority to take the following actions regarding any facility other than the waste disposal facilities
under paragraph (1) 2:
(a) To grant approval for installation and accept reports on installation pursuant to Article 29 (2)
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of the Act;
(b) To grant approval for amendments and accept reports on amendments pursuant to Article 29
(3) of the Act;
(c) To consult with the heads of relevant administrative agencies pursuant to Article 32 (3) of
the Act; and
(d) To accept reports on succession to rights and obligations pursuant to Article 33 (2) of the
Act;
4. Authority to take the actions under paragraph (1) 3 above regarding the waste disposal facilities
installed by waste management
business operators specializing in controlled wastes and the waste
disposal facilities under subparagraph 3 of this paragraph;
5. Authority to hold hearings on the affairs under Article 61 of the Act within the extent of the
delegated authority; and
6. Authority to impose and collect fines for negligence pursuant to Article 68 of the Act within the
extent of the delegated authority.
Article 38 (Supervision of Affairs following Delegation of Authority)
(1) Notwithstanding Article 37, the Minister of Environment
may, if deemed particularly necessary for
multi-regional waste management, conduct an inspection or investigation to ascertain whether
the
commercial waste producers, waste management business operators, the reported wastes recyclers,
and waste disposal facilities
comply with the guidelines for discharging, collection, transportation, storage,
and disposal of wastes and as to whether there
is any other offense of relevant statutes, or the Minister
may assign the head of an environmental office responsible for a river
system or a region to conduct
such inspection or investigation.
(2) The Minister of Environment or the head of an environmental office responsible for a river system
or a region discovers a offense
of relevant statutes committed by a place of business within the jurisdiction
of any Mayor/Do governor as a result of the inspection
or investigation conducted pursuant to paragraph
(1), he/she shall notify the competent Mayor/Do governor of the relevant facts
and his/her opinion
on countermeasures to be taken.
(3) The competent Mayor/Do governor shall, upon receiving a notice under paragraph (2), notify the
Minister of Environment, the
head of an environmental office responsible for a river system or a region
of the results of the countermeasures taken accordingly.
Article 39 Deleted.
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions
of subparagraph 1 of Article
2 and the text above items of Article 37 (1) 1 (which shall be limited
to the matters concerning controlled wastes produced from
any place other than the places of business
in which the discharging facilities under the Water Quality and Ecosystem Conservation
Act have
been installed and operated (which shall also be limited to the factories under the Industrial Cluster
Development and
Factory Establishment Act)) shall enter into force on November 18, 2007,
and the amended provisions of subparagraphs 2 through 4
of Article 2 shall enter into force
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713
on September 28, 2007 respectively.
Article 2 (Transitional Measure concerning Enforcement Date)
The former corresponding provisions of subparagraphs 1 through 4 of
Article 2 and the text above
items of Article 41 (1) 1 (which shall be limited to the matters concerning controlled wastes produced
from any place other than the places of business in which the discharging facilities under the Water
Quality and Ecosystem Conservation
Act have been installed and operated (which shall also be limited
to the factories under the Industrial Cluster Development and
Factory Establishment Act))
shall remain effective until the amended provisions of subparagraphs 1 through 4 of Article 2
and the
text above items of Article 37 (1) 1 shall enter into force pursuant to the proviso to
Article 1 of Addenda.
Article 3 Deleted.
Article 6 Omitted.
Article 7 (Relations with Other Statutes)
A citation of any provision of the former Enforcement Decree of the Wastes Control Act by any other
statute in force at the time
when this Decree enters into force, if any, shall be deemed to be a citation
of a corresponding provision hereof in lieu of the
former provisions, if such a corresponding provision
exists herein.
ADDENDA
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on January 1, 2008: Provided, That the amended provisions of Article
4, subparagraph 2 of Article
15, Article 20 (1) 1, and Article 37 (1) 1 and 2 above, subparagraph 10
of Table 1, and Table 2 shall enter into force on January
4, 2008, and the amended provision of subparagraph
Reproduced from statutes of Republic of Korea
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714
7 of Table 1 shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA
This Decree shall enter into force on August 4, 2008: Provided, That the amended provisions of Article
13 shall enter into force
on January 1, 2009.
Article 2 (Transitional Measures Concerning Penalty Surcharges)
The previous provisions shall apply to the disposition of penalty
surcharges on offenses committed
by waste management businesses before this Act enters into force, notwithstanding the amended provisions
of annexed Table 6.
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