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Laws of the Republic of Korea |
WASTES CONTROL ACT
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 664
WASTES CONTROL ACT
Wholly Amended by Act No. 8371, Apr. 11, 2007
Amended by Act No. 8466, May 17, 2007
Act No. 8486, May 25, 2007
Act No. 8613, Aug. 3, 2007
Act No. 8789, Dec. 21, 2007
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to environmental conservation and the enhancement of the quality of life for the people by minimizing the production of wastes and properly disposing of wastes generated.
Article 2 (Definitions)
The terms as used in this Act means the following: 1. The term "wastes" means such materials as garbage, burnt refuse, sludge, waste oil, waste acid,
waste alkali, and carcasses of
animals, which have become no longer useful for human life or
business activities;
2. The term "household wastes" means any wastes other than commercial wastes;
3. The term "commercial wastes" means any wastes generated from places of business with discharging
facilities installed and managed
in accordance with the Clean Air Conservation Act, the Water
Quality and Ecosystem Conservation Act, or the Noise and Vibration
Control Act or any other
place of business specified by Presidential Decree;
4. The term "controlled wastes" means the commercial wastes specifically enumerated by Presidential
Decree as harmful substances
such as waste oil and waste acid, which may contaminate environs,
or medical refuse, which may cause harm to human bodies;
5. The term "medical refuse" means the wastes specifically enumerated by Presidential Decree among
the wastes discharged from public
health and medical institutions, veterinary clinics, testing and
inspection institutions and other similar institutions, which may
cause harm to human bodies by
infection or otherwise and for which it is deemed necessary to be put under special control for
public
health and environmental conservation such as parts and extracts of human bodies and
carcasses of laboratory animals;
6. The term "disposal" means both interim disposal, such as incineration, neutralization, fragmentation,
and solidification (including
recycling under subparagraph 7; the same shall apply hereinafter) and
terminal disposal, such as landfill and discharging into the
sea;
7. The term "recycling" means activities of reusing or recycling wastes or making wastes reusable
or renewable or recovering energy
under subparagraph 1 of Article 2 of the Framework Act on
Energy in accordance with the standards established by Ordinance of the
Ministry of Environment;
8. The term "waste disposal facilities" means both interim and terminal waste disposal facilities
as specified by Presidential Decree;
and
9. The term "waste minimization facilities" means facilities that serve to minimize production of wastes
by reducing the quantity
of wastes generated in a manufacturing process and by recycling wastes
within a place of business, as specified by Presidential
Decree.
Article 3 (Scope of Application)
(1) This Act shall not apply to any of the following substances: 1. Wastes Control Act
665
2007; Act No. 8789, Dec. 21, 2007>
1. A radioactive substance under the Atomic Energy Act or a material contaminated by such a substance;
2. A gaseous substance not contained in a container;
3. Wastewater flowing into, or being discharged into public waters from, a facility established for
the prevention of water contamination
under the Water Quality and Ecosystem Conservation Act;
4. Wastewater or excreta under the Sewerage Act or livestock excreta under the Act on the Management
and Use of Livestock Excreta;
5. Sewage under the Sewerage Act;
6. A livestock carcass, a polluted article, an article subject to ban on importation, or an article rejected
in a quarantine inspection
under Article 22 (2), 23, 33 or 44 of the Act on the Prevention of Contagious
Animal Diseases; or
7. Carcass of an aquatic animal, a polluted facility or article, an article subject to ban on importation,
and an article rejected
in a quarantine inspection, to which the provisions of Articles 17 (2), 18
and 34 (1) and subparagraphs of Article 25 (1) of the
Aquatic Animal Disease Control Act apply.
(2) Discharging wastes into the sea under this Act shall be governed by the provisions
of the Marine
Environment Management Act.
Article 4 (Accountabilities of State and Local Governments)
(1) The Do governor of a Special Self-Governing Province or the head
of Si/Gun/Gu (the head of
Gu refers to the head of an autonomous Gu; hereinafter the same shall also apply) shall ascertain
the
current state of wastes discharged and disposed of within his/her jurisdiction, install and operate
waste disposal facilities so
that wastes can be properly disposed of, implement affairs relating to waste
management efficiently by improving the methods for
collecting, transporting and disposing of wastes
and raising the skills and quality of the persons in charge, and shall also make
efforts to remind
residents and business operators of the importance of protecting environment and to restrain the production
of
wastes.
(1) If the Minister of Environment, the Mayor/Do governor or the head of Si/Gun/Gu deems it necessary
to dispose of wastes generated
from two or more Cities/Dos or Sis/Guns/Gus with an integrated
system for a multiple number of regions, he/she may solely or jointly
install and operate multi-regional
waste disposal facilities (including public disposal facilities for controlled wastes).
(2)
The Minister of Environment, the Mayor/Do governor, or the head of Si/Gun/Gu may commission
a person designated by Ordinance of
the Ministry of Environment to install or manage the multi-regional
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
666
waste disposal facilities under paragraph (1).
Article 6 (Charges for Waste Disposal in Waste Disposal Facilities)
(1) An institution that has installed and operates a waste disposal
facility under Article 4 (1) or 5
(1) may charge expenses for disposal of wastes brought into the facility (hereinafter referred
to as
the "waste disposal charge") on the persons who bring wastes into such facility.
(2) In cases where a waste disposal facility
has been installed and is operated jointly by two or more
local governments, the waste disposal charge shall be determined by agreement
between the local
governments.
(3) The amount of waste disposal charge shall be prescribed by Ordinance of the Ministry of Environment
if the State is responsible
for collecting it, while it shall be prescribed by Municipal Ordinance if a
local government is responsible for collecting it.
Article 7 (Citizens' Duties)
(1) Every citizen shall keep natural and living environments clean and make efforts to reduce and
recycle wastes.
(2) Every owner, occupant, and manager of a parcel of land or a building shall make efforts to keep
the parcel of land or building
owned, occupied, or managed by him/her clean, and shall implement
general clean-up in accordance with the plan prepared by the Do
governor of a Special Self-Governing
Province or the head of Si/Gun/Gu.
(1) No one may dump wastes in any area other than the places and facilities provided for collection
of wastes by the Do governor
of a Special Self-Governing Province the head of Si/Gun/Gu or the
manager of a facility such as a public park or road.
Article 9 (Basic Plans for Waste Management)
(1) The Mayor/Do governor shall prepare a basic plan for proper management of wastes generated
from his/her jurisdiction once every
ten years in compliance with the guidelines prescribed by the
Minister of Environment, subject to the approval of the Minister of
Environment. The foregoing shall
also apply to a revision to any matter approved of. In this case, the Minister of Environment shall,
whenever he/she approves a basic plan or a revision thereto, consult with the heads of central administrative
agencies concerned.
(2) The head of Si/Gun/Gu shall prepare a basic plan for management of wastes generated from his/her
jurisdiction once every ten
years and submit it to the Mayor/Do governor.
(3) The basic plan under paragraphs (1) and (2) shall contain the following details;
1. Overview of the population, residental patterns, industrial structure and distribution, geographical
environment, etc. within
his/her jurisdiction;
2. The quantity of wastes generated by categories and the estimated quantity of wastes in the future;
3. Current status of and future plan for waste management;
. Waste Management
1. Wastes Control Act
667
4. Matters concerning reduction, recycling, and conversion of wastes into resources;
5. Current status of and future plan for installation of waste disposal facilities;
6. Matters concerning collection, transportation, and storage of wastes and improvement of equipment
and containers for wastes; and
7. Plan for securing financial sources.
Article 10 (Master Plans for Waste Management)
(1) The Minister of Environment shall prepare a master plan for nationwide waste management based
on the basic plans for waste management
under Article 9 (1) and the results of statistical researches
on wastes under Article 11 (hereinafter referred to as a "master plan")
once every ten years for proper
management of wastes generated throughout the country.
(2) The Minister of Environment may review
the feasibility of the master plan for revision once every
five years after the date on which the master plan is finalized.
(3)
If the master plan is revised under paragraph (2), the Mayor/Do governor shall also revise the
basic plan for waste management under
Article 9 (1), reflecting the revised details of the master plan
in the basic plan, and submit it to the Minister of Environment
for approval.
(4) The master plan shall contain the following details:
1. Evaluation of the previous master plan;
2. Circumstances and prospects for waste management;
3. Basic principles of the master plan;
4. Policy on waste management by sectors; and
5. Plan for securing financial sources.
Article 11 (Statistical Research on Wastes)
The Minister of Environment, the Mayor/Do governor, and the head of Si/Gun/Gu shall conduct researches
on the current status of
wastes generated and disposed of, the distribution of wastes generated by
kinds and by areas, and trends of changes in wastes, as
prescribed by Ordinance of the Ministry
of Environment, in order to secure basic data and information necessary for establishing
policies on
wastes.
Article 12 (Official Waste Testing Method)
The Minister of Environment shall determine and publicly notify the official testing method for wastes
in order to ensure accuracy
and uniformity in the analyses of the nature and state of wastes, the
leaching of contaminants therefrom, etc. for basic data required
for examining the seriousness of hazards
caused by wastes and determining waste disposal methods.
Under the provisions of Article
3 of the addenda of Act. No. 8371, April
11, 2007, the amended provisions of the Article is valid until October 4, 2007
CHAPTER
DISCHARGE AND MANAGEMENT OF WASTES
Article 13 (Standards of Waste Management)
Any one who intends to collect, transport, keep in storage, or dispose of wastes shall comply with
the standards and methods prescribed
by Presidential Decree.
Article 14 (Disposal of Household Wastes)
(1) The Do governor of a Special Self-Governing Province or the head of Si/Gun/Gu shall be responsible
for the collection, transportation,
and disposal of household wastes discharged within his/her jurisdiction:
Provided, That a specific area designated by the Do governor
of a Special Self-Governing Province
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
668
or the head of Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, shall be excluded
from the area under his/her
jurisdiction for the purposes of this paragraph.
(2) The Do governor of a Special Self-Governing Province or the head of Si/Gun/Gu may commission
a person specified by Presidential
Decree to vicariously implement the collection, transportation, or
disposal of under paragraph (1) as prescribed by Municipal Ordinance
of the competent local government.
(3) The Do governor of a Special Self-Governing Province or the head of Si/Gun/Gu may collect
service charges for collection, transportation,
and disposal of household wastes as prescribed by Municipal
Ordinance of the competent local government.
Article 16 (Implementation of Agreements)
(1) The Mayor/Do governor or the head of Si/Gun/Gu may enter into agreements with the persons
who discharge wastes within his/her
jurisdiction or an organization of such persons in order to restrain
the production of wastes and properly dispose of such wastes.
(2) Necessary matters concerning the objectives of the agreement under paragraph (1) and the method
of and procedure for performance
of such agreements shall be prescribed by Municipal Ordinance of
the competent local government.
(3) The Mayor/Do governor or the head of Si/Gun/Gu may provide a person who enters into agreements
with the competent local government
under paragraph (1) with such support as may be necessary for
performing such agreements.
Article 17 (Duties of Commercial Waste Producers)
(1) Businesses that discharge wastes from places of business (hereinafter referred
to as "commercial
waste producers") shall comply with the following provisions:
. Waste Management
1. Wastes Control Act
669
1. All wastes generated from each place of business shall be properly disposed of;
2. The production of commercial wastes shall be minimized by installing waste minimization in a
manufacturing process, developing
technology, recycling wastes, and in any other way; and
3. A commercial waste producer who intends to commission someone to provide him/her with the
services of collection, transportation,
and disposal of wastes under Article 18 (1) shall ascertain
as to whether the commissioned person has the capability to provide
the services of collection,
transportation, and disposal of such wastes in compliance with the standards under Article 13
before
such commissioning: Provided, That the foregoing shall not apply in cases where a person
who has installed and operates waste disposal
facilities under Article 4 or 5 is commissioned to
provide such services.
(2) The commercial waste producers specified by Ordinance of the Ministry of Environment shall
submit to the Do governor of a Special
Self-Governing Province or the head of Si/Gun/Gu a report
on the types and quantity of commercial wastes generated as prescribed
by Ordinance of the Ministry
of Environment. The foregoing shall also apply to a change in any reported matter specified by Ordinance
of the Ministry of Environment. 1. Waste disposal plans;
2. Waste analysis reports made by a waste analysis agency prescribed by Ordinance of the Ministry
of Environment; and
3. If the disposal of controlled wastes is commissioned, documents attesting the acceptance of commission
from a person who is commissioned
with such affairs.
(4) If persons who have attained verification under paragraph (3) wishes to change such matters,
they shall
submit documents concerning changed matters from among the documents pursuant to subpara-
graphs of paragraph (3) to the Minister
of Environment and attain his/her verification on changes.
(5) The commercial waste producers whose type and size of business meets or exceeds those prescribed
by Presidential Decree shall
comply with the guidelines publicly notified by the Minister of Environment
and the heads of central administrative agencies concerned
jointly in accordance with the basic policy
and procedure prescribed by Ordinance of the Ministry of Environment in order to restrain
the production
of commercial wastes under paragraph (1) 2.
(6) If a commercial waste producer transfers his/her business to another person or dies, or a corporation
discharging commercial
wastes is merged into another corporation, the transferee or successor, or
the corporation surviving the merger or the corporation
newly established as a consequence of the
merger shall succeed to the rights and obligations relating to such commercial wastes.
(7) A person who has acquired the whole or a part of the place of business of business that discharges
commercial wastes, by a compulsory
sale under the Civil Execution Act, the realization of properties
under the Debtor Rehabilitation and Bankruptcy Act, the sale of
seized properties under the National
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
670
Tax Collection Act, the Customs Act or the Local Tax Act or other procedures corresponding thereto,
shall appropriately dispose
of wastes left at the place of business.
Article 18 (Disposal of Commercial Wastes)
(1) Every commercial waste producer shall either dispose of wastes generated from his/her place of
business by him/herself or commission
the disposal of such wastes to a person who has a license
for a waste management business under Article 25 (3), a person who engages
in recycling of wastes
discharged by other people under Article 46, a person who has installed and operates a waste disposal
facility
under Article 4 or 5, or a person who has completed the registration of a business of discharging
wastes into the sea under Article
70 (1) 1 of the Marine Environment Management Act.
(2) No commercial waste producer who intends to commission a business operator
under Article 25
to dispose of commercial wastes may attempt to commission him/her to perform such disposal at
any price lower
than the minimum price publicly notified by the Minister of Environment for waste
disposal pursuant to Article 24.
(3) A person who discharges, transports or disposes of any commercial wastes specified by Ordinance
of the Ministry of Environment
shall transmit matters concerning the delivery and receipt of wastes
into the electronic information processing program under Article
45 (2), as prescribed by the Ordinance
of the Ministry of Environment, whenever he/she has discharged, transported or disposed of
wastes:
Provided, That in cases of medical wastes, such matters shall be transmitted into the electronic information
processing
program under Article 45 (2), as prescribed by the Ordinance of the Ministry of Environment,
by means of radio frequency.
(5) Two or more commercial waste producers as specified by Ordinance of the Ministry of Environment
may collectively collect, transport
or dispose of wastes generated from their places of business, as
prescribed by Ordinance of the Ministry of Environment. In this
case, such commercial waste producers
may establish a joint operating organization, appoint one of them as the representative of
such joint
operating organization, and jointly install and operate waste disposal facilities.
(6) Deleted.
CHAPTER Deleted.
1. One copy of each document specified by Ordinance of the Ministry of Environment among the
documents under Article 17 (3) and (4);
and
2. Print out of matters concerning the delivery and receipt of wastes transmitted under Article 18
(3) (in cases of medical wastes,
a radio frequency sensor prescribed by Ordinance of the Ministry
. Waste Management
1. Wastes Control Act
671
of Environment).
(2) If a person who is commissioned to dispose of wastes is unable to dispose of commercial wastes
specified by Ordinance of the
Ministry of Environment due to suspension, temporary shutdown, permanent
closure of his/her business, prohibition from use of waste
disposal facilities, etc., he/she shall inform
the waste producers who have commissioned him/her to dispose of such wastes of the
fact, without
delay, as prescribed by Ordinance of the Ministry of Environment.
[This Article Wholly Amended by Act No. 8613, Aug.
3, 2007]
Articles 20 through 23 Deleted.
(1) A person who intends to import or export waste specified and publicly announced by the Minister
of Environment shall, as prescribed
by Ordinance of the Ministry of Environment, report it to the
Minister of Environment along with documents stating matters prescribed
by Ordinance of the Ministry
of Environment, such as the types and quantity of wastes, plans for disposal, etc.
(2) In order to
change major matters prescribed by Ordinance of the Ministry of Environment, among
matters reported under paragraph (1), a report
of change shall be filed.
[This Article Newly Inserted by Act No. 8613, Aug. 3, 2007]
Article 24-3 (Disposal of Imported Waste)
(1) A person who have filed an import report under Article 24-2 (1), or a person who has obtained
permission for import under the
Act on the Control of Transboundary Movement of Hazardous Wastes
and Their Disposal shall dispose of such imported wastes (hereafter
referred to as "imported wastes")
by himself/herself or commission the disposal of such waste to a person falling any of the following
subparagraphs:
1. A person who has set up and operates facilities under Article 4 or 5;
2. A person who has obtained a license for waste management business under Article 25 (3); and
3. A person who has reported on waste recycling under Article 46 (1).
(2) A person who has filed an import report under Article 24-2
(1), or who transports and disposes
of such imported wastes shall transmit matters concerning the delivery and receipt of wastes
into
the electronic information processing program under Article 45 (2), as prescribed by the Ordinance
of the Ministry of Environment,
whenever he/she has imported, discharged, transported or disposed
of such wastes.
(3) A person who transports wastes imported under Article 24-2 (1) shall always carry documents
of import report under Article 24-2
(1) and prints-out of matters concerning the delivery and receipt
of wastes under paragraph (2) with him/her whenever he/she transports
such wastes, and show them
to the competent public officials upon request.
(4) A person who transports, stores, or disposes of imported wastes shall transport, store, or dispose
of them in accordance with
standards and methods of commercial wastes among those standards and
methods of waste disposal pursuant to Article 13.
(5) No imported
wastes may be exported as the same state or condition as they were imported.
[This Article Newly Inserted by Act No. 8613, Aug.
3, 2007]
CHAPTER WASTE MANAGEMENT BUSINESSES
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
672
Article 25 (Waste Management Businesses)
(1) Any person who intends to engage in the collection, transportation, or disposal of wastes (hereinafter
referred to as "waste
management business") and whishes to treat controlled wastes shall submit
a waste management plan to the Minister of Environment,
while such person who whishes to handle
any wastes other than controlled wastes shall submit such plan to the Mayor/Do governor,
as prescribed
by Ordinance of the Ministry of Environment. The foregoing shall also apply to any amendment to
any important matter
specified by Ordinance of the Ministry of Environment.
(2) The Minister of Environment or the relevant Mayor/Do governor shall examine
a waste management
plan submitted under paragraph (1) pursuant to each of the following matters, and notify a person
who has submitted
such plan the acceptability thereof: 1. Whether a person who has submitted such plan (including an officer, in cases of a corporation)
falls under reasons for disqualification
under Article 26;
2. Whether the location of waste disposal facilities violates other Acts;
3. Whether facilities, equipment or technical capability according to a waste management plan meets
criteria for permission under
paragraph (3); and
4. Impact on environment around neighborhood, such as reservoirs, resulting from the building and
operation of waste disposal facilities.
(3) A person who has received a notice of acceptability pursuant to paragraph (2) shall, within two
years (six months, in cases
of waste collecting or transporting business; three years, in cases of a
waste disposal business that requires incinerators and
landfill facilities) from the date of receipt of
such notification, prepare such facilities, equipment, and technical capability
in conformity with the standards
prescribed by Ordinance of the Ministry of Environment and shall thereby obtain a license for each
business
type from the Mayor/Do governor: Provided, That a person who intends to engage in a waste management
business for handling
controlled wastes shall obtain a license from the Minister of Environment.
(4) The Minister of Environment or the relevant Mayor/Do governor may extend a period of application
for permission within the extent
of one year, depending on applications, for persons who have failed
to file application forms within the period referred to in paragraph
(3) due to a natural disaster or
other unavoidable circumstances.
1. Waste collection and transportation business: A business collecting wastes and transporting it
to a disposal facility;
2. Interim waste disposal business: a business specializing in interim disposal such as incineration,
physical, chemical or biological
treatments, or other methods approved and publicly announced by
the Minister of Environment as safe ways of interim treatment of
waste (excluding the recycling
of household wastes) with facilities for interim treatment of wastes;
3. Terminal waste disposal business: a business specializing in final disposal of wastes such as landfills
(excluding discharging
into the sea) with facilities for final disposal of wastes; and
4. General waste management business: a business performing interim disposal and terminal disposal
of wastes with facilities for
waste disposal.
(6) Any person who has a license for a waste management business under any provision of paragraph
(5) 2 through 4 may directly collect
and transport wastes for disposal without a license for a waste
collection and transportation business under subparagraph 1 of the
said paragraph.
. Waste Management
1. Wastes Control Act
673
(7) The Minister of Environment or Mayor/Do governor may, when he/she grants a license under
paragraph (3), add such necessary conditions
as prescribed by Presidential Decree: Provided, That
he/she may add a condition that restricts the business territory to a license
for a business collecting
and transporting household wastes.
(8) Any person to whom a license for a waste management business under paragraph (3) has been
granted (hereinafter referred to as
a "licensed waste management business operator") shall neither allow
another person to collect, transport or dispose of wastes under
his/her name or trade name nor lend
the license to another person.
(9) No waste management business operator shall accept commissioned waste management at a price
higher or lower than the maximum
or minimum price fixed under Article 24 for waste disposal, nor
store wastes in excess of the quantity and period of time prescribed
by Ordinance of the Ministry
of Environment, but shall comply with the rules prescribed by Ordinance of the Ministry of Environment.
(10) Any person who intends to engage in a business collecting, transporting, or disposing of medical
refuse shall install and
operate such facilities, equipment, and place of business as required for collecting,
transporting, or disposing of such wastes
separately from other wastes.
(11) Whenever a person holding a license under paragraph (3) wishes to amend any important matter
of the license as specified by Ordinance of the Ministry of Environment, he/she shall obtain permission
for such amendment. Such
person shall also file a report on amendment if the amendment involves
any matter other than an important matter specified by Ordinance
of the Ministry of Environment.
(12) If a person who wishes to dispose of both controlled wastes and any wastes other than controlled
wastes together in the same disposal facility falls under any of the following subparagraphs in relation
to the controlled wastes,
such person shall be deemed to have obtained a notice of acceptability, a
licence, or an amended license from the Mayor/Do governor
or have completed a report on amendment
to the Mayor/Do governor in relation to such non-controlled wastes:
1. Where he/she has been notified by the Minister of Environment that his/her waste management
plan is acceptable under paragraph
(2);
2. Where he/she holds a license for waste management business granted by the Minister of Environment
pursuant to paragraph (3); or
3. Where he/she holds an amended license for waste management business granted by the Minister
of Environment or has completed a
report on amendment to the Minister of Environment pursuant
to paragraph (11).
(13) Any person who seeks entitlement to the legal fiction of a notice of acceptability, a license, an
amended license, or a report
on amendment from or to the Mayor/Do governor under paragraph (12)
in connection with any wastes other than controlled wastes, shall
submit relevant documents prescribed
by Ordinance of the Ministry of Environment simultaneously at the time when he/she submits
a waste
management planor files an application for a license, an amended license, or a report on amendment
to or with the Minister
of Environment.
A person shall not be granted a licence for a waste management business, if such person falls under
Reproduced from statutes of
Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
674
any of the following subparagraphs:
1. A minor, or an incompetent, or quasi-incompetent person;
2. A person who has been declared bankrupt, but not yet reinstated;
3. A person in whose case two years have not yet passed since an execution of imprisonment was
completely fulfilled, or finally and
conclusively exempted;
4. A person who was sentenced to a suspended sentence of imprisonment or heavier punishment
and is still under the period of suspension;
5. A person in whose case two years have not yet elapsed since his/her license for a waste management
business was revoked; or
6. A corporation where an officer who falls under any provision of subparagraphs 1 through 4 is
employed.
Article 27 (Revocation of License)
(1) If a waste management business operator falls under any of the following subparagraphs, the
Minister of Environment or the relevant
Mayor/Do governor shall revoke his/her license:
1. His/her license has been obtained by false or other fraudulent means;
2. He/she falls under any reason for disqualification pursuant to subparagraphs 1 through 4 or 6
of Article 26: Provided, That this
may not apply to cases where an officer of a corporation falling
under subparagraph 6 of Article 26 is replaced by another person
within two months;
3. He/she has failed to take measures under Article 40 (1);
4. He/she has failed to conform to a renewal order under Article 40 (8); and
5. He/she has operated business while the business is suspended.
(2) If a waste management business operator falls under any of the
following subparagraphs, the
Minister of Environment or the relevant Mayor/Do governor may revoke its license or order suspension
of the whole or a part of business, specifying a period within six months:
1. He/she has disposed of, buried or incinerated commercial wastes in violation of Article 8 (1) or
(2);
2. He/she has failed to conform to standards or methods of collection, transport, storage, or processing
in violation of Article
13;
3. He/she has failed to transmit matters concerning the delivery and receipt of waste into the electronic
information processing
program, in violation of Article 18 (3);
4. He/she has failed to carry the relevant documents with him/her while transporting wastes or show
them to the competent public
officials upon request, in violation of Article 19 (1);
5. He/she has conducted business that exceeds the extent of types or details of business under Article
25 (5);
6. He/she has violated conditions under Article 25 (7);
7. He/she has allowed other persons to use his/her name or title of business and collect, transport,
or dispose of wastes, or borrowed
his/her license to other persons, in violation of Article 25 (8);
8. He/she has stored waste or violated rules, in violation of Article 25 (9);
9. He/she has failed to set up and operate separate facilities, equipment or the place of business
to collect, transport, or dispose
of waste, in violation of Article 25 (10);
10. He/she has changed matters that require permission or report without obtaining permission for
changes or filing a report on changes
under Article 25 (11);
11. He/she has failed to undergo inspection in violation of Article 30 (1) or (2), or has operated waste
disposal facilities without
obtaining the decision of acceptability in violation of paragraph (3) of
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1. Wastes Control Act
675
Article (30);
12. He/she has operated waste disposal facilities, not meeting standards for its maintenance under
Article 31 (1);
13. He/she has failed to conform to orders of correction or suspension of use under Article 31 (4);
14. He/she has failed to conform to orders of closedown under Article 31 (5);
15. He/she has failed to conform to orders of measure or inspection under Article 31 (6);
16. He/she has failed to report on the succession of rights or obligations under Article 33 (2);
17. He/she failed to record and keep books, in violation of Article 36 (1);
18. He/she has failed to conform to orders of measures for waste disposal under Article 48;
19. He/she has failed to reserve in advance performance guarantee bond for follow-up management
under Article 52 (1); and
20. He/she has failed to open business within one year from the date of permission obtained, or has
such business closed for one
year or more consecutively without justifiable grounds.
[This Article Wholly Amended by Act No. 8613, Aug. 3, 2007]
Article 28
(Disposition of Penalty Surcharge)
(1) If the Minister of Environment or the relevant Mayor/Do governor intends to suspend a waste
management business under Article
27, but he/she finds that the suspension of business falls under
any of the following subparagraphs, he/she may impose a penalty
surcharge not exceeding one hundred
million won in lieu of the suspension of business, as prescribed by Presidential Decree:
1. Where the suspension of business prevents a customer of the business from commissioning waste
disposal to the business, resulting
in wastes left stored in the customer's place of business, so
that the customer's business is anticipated to suffer enormous impediment;
2. Where hazards occurs, or anticipated to occur, to the health of residents due to environmental
pollution resulting from wastes
stored by the relevant waste management business, or wastes
left stored by a customer of the business; and
3. Where the business is deemed necessary to be sustained due to natural disasters or other inevitable
circumstances.
(2) The amount of penalty surcharge that shall be imposed under paragraph (1) according to types
and degree of offense and other
necessary matters shall be prescribed by Presidential Decree.
(3) If an offender fails to pay the penalty surcharge under paragraph
(1), the Minister of Environment
shall collect such penalty surcharge in accordance with the practices of disposition on default
of national
taxes, while the Mayor/Do governor shall collect such penalty surcharge in accordance with the practices
of disposition
on default of local taxes.
(4) The penalty surcharges collected pursuant to paragraphs (1) and (3) shall be spent by each collecting
authority, but shall be
used for such purposes as prescribed by Presidential Decree, including extension
of multi-regional waste disposal facilities.
Article 29 (Installation of Waste Disposal Facilities)
(1) Waste disposal facilities shall be installed in conformity with the standards
prescribed by Ordinance
of the Ministry of Environment, but any waste incineration facility shall not be installed or operated,
unless it conforms to the size prescribed by Ordinance of the Ministry of Environment.
(2) If any person other than those who hold,
or have applied for, a licence for a waste management
business under Article 25 (3), wishes to install any waste disposal facility,
he/she shall obtain approval
from the Minister of Environment: Provided, That the foregoing shall not apply in cases where it
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is intended to install a waste disposal facility under subparagraph 1, while a person who intends to
install a waste disposal facility
under subparagraph 2 shall file a report thereon with the Minister
of Environment:
1. A waste disposal facility installed and operated by a school, a research institution, or other person
specified by Ordinance of
the Ministry of Environment for the purposes of testing and research
as prescribed by Ordinance of the Ministry of Environment;
or
2. A waste disposal facility in a size prescribed by Ordinance of the Ministry of Environment.
(3) A person who intends to amend
any of such important matters as specified by Ordinance of the
Ministry of Environment among the matters approved or reported under
paragraph (2) shall obtain
approval for such amendment or submit a report on such amendment, as the case may be.
(4) A person who
installs a waste disposal facility shall, when he/she intends to start operating the
facility after the completion of the installation
works, submit a report thereon to the head of the competent
administrative agency depending upon which of the following facilities
is involved:
1. For a waste disposal facility installed by a waste management business operator: The administrative
agency responsible for licensing
under Article 25 (3); or
2. For any waste disposal facility other than those under subparagraph 1: The administrative agency
responsible for approval or reporting
under Article 29 (2).
Article 30 (Inspection of Waste Disposal Facilities)
(1) A person who has completed the installation of a
waste disposal facility specified by Ordinance
of the Ministry of Environment shall have it inspected by an inspection agency designated
by Ordinance
of the Ministry of Environment. The foregoing shall also apply in cases where an approval for, or
a report on, amendment
has been obtained or filed pursuant to Article 29 (3) and the inspection is
required by Ordinance of the Ministry of Environment.
(2) A person who has installed and operates a waste disposal facility under paragraph (1) shall have
it inspected by an inspection
agency under paragraph (1) at a regular interval prescribed by Ordinance
of the Ministry of Environment. In this case, a waste disposal
facility shall be deemed to have successfully
passed a periodic inspection if it has undergone a technical examination under Article
13 of the Development
of and Support for Environmental Technology Act within the period of time set for such inspection.
(3) No
one may use any waste disposal facility that has failed to pass an inspection under paragraph
(1) or (2): Provided, That the foregoing
shall not apply in cases where such a facility is operated
for the purposes of inspection.
(4) The procedures and standards for the inspection under paragraphs (1) and (2), the guidelines for
the management of inspection
institutions, and other necessary matters shall be prescribed by Ordinance
of the Ministry of Environment.
Article 31 (Management of Waste Disposal Facilities)
(1) Any one who has installed and operates a waste disposal facility shall
maintain and manage such
facility in compliance with the guidelines for the management as prescribed by Ordinance of the Ministry
of Environment.
(2) Any one who has installed and operates a waste disposal facility specified by Presidential Decree
shall take measurements of
pollutants discharged from the waste disposal facility or arrange for a
measuring institution specified by Ordinance of the Ministry
of Environment to take such measurements,
and shall submit a report on the results thereof to the Minister of Environment.
(3)
Any one who has installed and operate a waste disposal facility specified by Presidential Decree
shall examine the impact that the
installation and operation of such waste disposal facility has on
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its surroundings every three years, and shall submit a report on the results thereof to the Minister
of Environment.
(4) If a waste disposal facility fails to meet the standards for installation under Article 29 (1) or the
standards for management
under paragraph (1) of this Article in its installation, maintenance or manage-
ment, the Minister of Environment may order the
person who has installed and operates the facility
to take measures for improving the facility within a period of time prescribed
by Ordinance of the
Ministry of Environment or suspend the operation of such facility.
(5) If a person to whom an order to improve
or suspend the operation has been issued pursuant to
paragraph (4) fails to perform as ordered or if it is found that such person
is unable to perform as
ordered, the Minister of Environment may order him/her to close down the facility permanently.
(6) If a person who has installed and operates a waste disposal facility fails to perform his/her duty
to measure pollutants in
accordance with paragraph (2) or fails to examine its impact on surroundings
in accordance with paragraph (3), the Minister of Environment
may order the person to take such
measurement of pollutants or to examine such impact within a period of time prescribed by Ordinance
of the Ministry of Environment.
(8) The method and scope of assessments made under paragraph (3), the report on the results thereof,
and other necessary matters
shall be prescribed by Ordinance of the Ministry of Environment.
(9) The Minister of Environment shall disclose the results of measurements
taken under paragraph
(2) and the results of assessments made under paragraph (3) to the public as prescribed by the Act
on Disclosure
of Information by Public Agencies.
Article 32 (Legal Fiction of License and Reporting under Other Statutes)
(1) In cases where a person who intends to install a waste
disposal facility has obtained approval
under Article 29 (2) or has filed a report thereunder, where he/she installs a waste disposal
facility
under subparagraph 1 of the said paragraph, or where he/she has obtained a license for a waste management
business under
Article 25 (3), he/she shall be deemed to have obtained permission or have completed
the report set forth in the following subparagraphs
in connection with the waste disposal facility involved:
1. Permission for or reporting on the installation of discharging facilities under Article 10 (1) and
(2) of the Clean Air Conservation
Act;
2. Permission for or reporting on the installation of discharging facilities under Article 33 (1) and
(2) of the Water Quality and
Ecosystem Conservation Act; and
3. Permission for or reporting on the installation of discharging facilities under Article 8 (1) and
(2) of the Noise and Vibration
Control Act.
(2) In cases where a person who installs a waste disposal facility has filed the report under Article
29 (4), he/she shall be deemed
to have completed the following reports:
1. A report on the commencement of the operation of discharging facilities under Article 14 of the
Clean Air Conservation Act;
2. A report on the commencement of the operation of discharging facilities under Article 37 of the
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Water Quality and Ecosystem Conservation Act; and
3. A report on the commencement of the operation of discharging facilities under Article 13 of the
Noise and Vibration Control Act.
(3) The Minister of Environment or the Mayor/Do governor shall, whenever he/she intends to grant
approval for the installation of
a waste disposal facility or a license for a waste disposal business,
consult with the heads of the administrative agencies concerned,
if such facility or business involves
any of the matters set forth in paragraph (1) or (2).
(4) The Minister of Environment shall
determine standards for processing fictitious licenses or reports
under paragraph (1) or (2) and publicly announce them.
(2) A person who has succeeded to the rights and obligations under paragraph (1) shall report the
fact to the Minister of Environment
or the Mayor/Do governor as prescribed by Ordinance of the
Ministry of Environment.
CHAPTER V GUIDANCE FOR AND SUPERVISION OVER
WASTE MANAGEMENT BUSINESS
OPERATORS
Article 34 (Technical Manager)
(1) A person who has installed and manages a waste disposal facility specified by Presidential Decree
shall employ a technical manager
who shall take charge of technical affairs relating to the maintenance
and management of such facility (including cases where the
person him/herself holds a qualification as
technical manager and takes charge of such technical management) or shall make a contract
on technical
management services with a person specified by Presidential Decree as capable of taking charge of
technical management.
(2) Necessary matters concerning the qualifications as technical managers, contracts on technical
management services, etc. under
paragraph (1) shall be prescribed by Ordinance of the Ministry of
Environment.
Article 35 (Training Courses for Persons in Charge of Waste Disposal)
(1) Technical personnel who engage in a waste management business,
technical managers of a waste
disposal facility, and other persons in charge of waste management specified by Presidential Decree
shall take training courses provided by an educational institution designated by Ordinance of the Ministry
of Environment.
(2) An employer of a person who is obligated to take the training courses under paragraph (1) shall
provide the person with an opportunity
to take the courses.
(3) Every employer of a person who is obligated to take the training courses under paragraph (1)
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shall bear the expenses for such training courses under the provisions of the said paragraph.
Article 36 (Keeping and Retention
of Account Books)
(1) Any one who falls under any of the following subparagraphs shall keep account books prescribed
by Presidential
Decree to keep records of the details of collected, transported, and disposed wastes
(which refer to the quantity of wastes generated,
the status of recycled wastes, the performance of
disposal, etc., in cases where the person falls under subparagraphs 1 and 3, or
refer to the quantity
of products, containers, or such generated, imported, and sold and the quantity retrieved and disposed
of
in cases where the person falls under subparagraph 7), and shall retain the records for three years
from the date of the last entry:
Provided, That this may not apply to cases where the electronic
information processing program under Article 45 (2) is used. 1. A person who is obligated to file a report under Article 17 (2);
1-2. A person who is obliged to attain verification under Article
17 (3);
2. The representative of a joint operating organization responsible for jointly collecting, transporting,
and disposing of commercial
wastes under Article 18 (5);
3. A person who has filed an import report under Article 24-2 (1);
4. A waste management business operator;
5. A person who has installed and operates a waste disposal facility;
6. A person who has completed a report under Article 46 (1); or
7. A manufacturer or an importer under Article 47 (2).
(2) Deleted.
Article 37 (Reporting on Shutdown or Closure of Business)
A waste management business operator or a person who has completed a report
under Article 46
(1) shall, when he/she temporarily shuts down, permanently closes down, or resumes his/her business,
file a report
on such fact with the competent administrative agency for the related licensing or reporting
as prescribed by Ordinance of the Ministry
of Environment.
Article 38 (Submission of Reports)
(1) A person who falls under any of the following subparagraphs shall submit an annual report on
the wastes generated, disposed
of, and recycled to the head of the competent administrative agency
for the related licensing, approval, reporting, or verification
by no later than the end of February of
the following year, as prescribed by Ordinance of the Ministry of Environment:
1. A person who has installed and operates a waste disposal facility under Article 4 or 5;
2. A person who has filed a report as a commercial waste producer under Article 17 (2);
3. A person who has obtained the verification under Article 17 (3);
3-2. A person who has filed an import or export report under
Article 24-2 (1);
4. A waste management business operator; or
5. A person who has filed a report on recycling of wastes under Article 46 (1).
(2) The Minister of Environment may order a person
who is obligated to submit a report under paragraph
(1) 3 to submit it within a given period of time, if the person fails to submit
it within a prescribed
period of time.
(3) A person who is obligated to submit a report under paragraph (1) 3 may demand, by no later
than January 15 of each year in writing,
the person to whom he/she has commissioned to collect,
transport or dispose of commercial wastes to furnish him/her with such data
and information as may
be necessary for preparing the report under paragraph (1), and the person so commissioned shall,
upon receiving
such demand, furnish him/her with such data and information in writing by no later
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than January 31 of the year.
Article 39 (Reporting and Inspection)
(1) The Minister of Environment, the Mayor/Do governor, or the head of Si/Gun/Gu may require
the persons concerned to submit such
report or data as prescribed by Ordinance of the Ministry of
Environment within the extent necessary for the enforcement of this
Act, and may also assign public
officials in charge to enter an office or a place of business of such persons to inspect the documents,
facilities, equipment, or such therein.
(2) Public officials who enter an office or a place of business for the purpose of the inspection under
paragraph (1) shall carry
with them an identification card indicating their authority and generate it
to the persons concerned.
Article 40 (Disposal of Abandoned Wastes by Waste Management Business Operators)
(1) Waste management business operators specializing
in commercial wastes and the persons who
have filed a report on recycling of wastes shall take any of the following actions after
each of them
obtains a license under Article 25 (3) or completes a report under Article 46 (1) but before the commencement
of the
business to prevent wastes from being abandoned:
1. To pay a certain amount of contribution to the mutual aid association for waste management business
under Article 43;
2. To carry an insurance policy covering the waste management business; or
3. Deleted. 1. If he/she has paid a certain amount of contribution under paragraph (1) 1: To issue the mutual
aid association for waste management
business under Article 41 to dispose of the abandoned wastes;
2. If he/she carries an insurance policy under paragraph (1) 2: To dispose of the abandoned wastes
and then demand the insurer to
pay the insurance proceeds; or
3. Deleted.
1. When the effective term of the performance guarantee insurance expires; or
2. When it is necessary to change insured amount of coverage of the performance guarantee insurance
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because the type of wastes subject to waste management as licensed under Article 25 (3) or the
unit price for such waste management
is changed or the quantity of wastes in his/her possession
exceeds that under paragraph (8) of the said Article.
(8) If any person
who is obligated to renew the performance guarantee insurance policy under paragraph
(7) fails to perform his/her obligation, the
Minister of Environment or the Mayor/Do governor may
order the person to renew the performance guarantee insurance policy.
(9) Any person who has purchased the performance guarantee insurance policy or has renewed it in
accordance with paragraph (7) or
(8) shall submit the original set of the insurance policy certifying
the insurance to the Minister of Environment or the Mayor/Do
governor, as prescribed by Presidential
Decree.
(10) Any person who intends to substitute any of the actions under subparagraphs of paragraph (1)
for any other action under any
of the said subparagraphs shall notify the Minister of Environment
or the Mayor/ Do governor of his/her substituting action immediately
after he/she takes such action.
(11) The Minister of Environment or the Mayor/Do governor shall, when he/she orders the mutual
aid association for waste management business to dispose of abandoned wastes pursuant to paragraph
(3)1, gives such an order to
perform it to the extent prescribed by Presidential Decree in regard to
the quantity of wastes subject to such disposal and the
period of time for such disposal.
Article 41 (Establishment of Mutual Aid Association for Waste Management Business)
(1) Waste
management business operators specializing in disposal of commercial wastes and the persons
who has filed a report on recycling
of wastes may establish a mutual aid association for the waste
management business (hereinafter referred to the "Association") in
order to guarantee the performance
of disposal of abandoned wastes.
(2) The Association shall be a legal entity.
(3) The Association shall be duly formed upon the completion of the registration of its establishment
with the registry office having
jurisdiction over its principal place of business.
Article 42 (Business of Association)
The Association shall carry on the mutual aid business for disposing of wastes abandoned by its
members.
Article 43 (Contributions)
(1) Each member of the Association shall pay such contribution as is required for the mutual aid
business under Article 42 to the
Association.
(2) The guidelines for computing the contribution under paragraph (1), the procedure for the payment
of such contribution, and other
necessary matters shall be stipulated by the Association's articles of
association.
Article 44 (Application Mutatis Mutandis of Civil Act)
Except as provided for otherwise in this Act, the provisions governing incorporated
associations under
the Civil Act shall apply mutatis mutandis to the Association.
CHAPTER SUPPLEMENTARY PROVISIONS
Article 45 (Electronic Processing of Waste Delivery and Receipt)
(1) The Minister of Environment shall establish and administer
an agency (hereafter referred to as the
"electronic information processing center") to manage the details of waste delivery and
receipt transmitted
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under Article 18 (3) and (4) or Article 24-3 (2), and information transmitted under paragraph (3) (hereinafter
referred to as "electronic
information").
(3) When a commercial waste producer has transmitted the detail of duties prescribed by Presidential
Decree using the electronic
information processing program as prescribed by Ordinance of the Ministry
of Environment, such duties are deemed performed.
(1) Any person, who engages in recycling of commercial wastes discharged by others and falls under
any of the following subparagraphs,
shall file a report with the Mayor/Do governor, as prescribed by
Ordinance of the Ministry of Environment:
1. A manufacturer of a product approved pursuant to Article 15 of the Industrial Standardization
Act;
2. A manufacturer of a fertilizer subject to the official standards under Article 4 of the Fertilizer
Control Act or any by-product
fertilizer controlled under the said Article;
3. A manufacturer of animal feeds with its ingredients registered under Article 11 of the Control
of Livestock and Fish Feed Act;
4. A manufacturer of a recycled product under subparagraph 5 of Article 2 of the Act on the Promotion
of Saving and Recycling of
Resources, as specified by Ordinance of the Ministry of Environment;
5. A person who engages in the recycling of commercial wastes specified by Ordinance of the Ministry
of Environment;
6. A person who engages in the recycling of commercial wastes specified by Ordinance of the Ministry
of Environment for purposes
of use and by methods prescribed by Ordinance of the Ministry of
Environment;
7. A person who collects and transports commercial wastes specified by Ordinance of the Ministry
of Environment among the commercial
wastes as referred in subparagraph 5; and
8. A person who engages in recycling of wastes as the methods approved and publicly announced
as safe by the Minister of Environment.
(2) Where a person falling any subparagraph of paragraph (1) (except for cases of subparagraph 7)
intends to file a report under
paragraph (1), he/she shall have storage and recycling facilities specified
by the Ordinance of the Ministry of Environment.
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matters specified by Ordnance of the Ministry of Environment, file a report on such revision with the
Mayor/Do governor.
(4) A person who falls under paragraph (1) 5 shall be deemed to have filed a report under paragraph
(1), if the person falls within
the category of persons specified by Ordinance of the Ministry of Environment.
(5) A person who has filed a report on recycling
under paragraph (1) (including those who are deemed
to have filed a report under paragraph (4)) may directly collect and transport
such wastes for recycling
without a license for a waste collection and transportation business under Article 25 (3).
(6) A person who has filed a report under paragraph (1) shall conform to rules prescribed by Ordinance
of the Ministry of Environment,
such as the recycling of usage or ways as reported.
(7) The relevant Mayor/Do governor may order to closedown recycling facilities, to suspend the whole
or part of recycling business,
specifying a period within six months, or to prohibit the recycling of
waste which is subject to report, in cases where persons
who have filed a report under paragraph
(1) falls under any of the following subparagraphs: 1. Where they have failed to conform to rules pursuant to paragraph (6);
2. Where they have failed to conform to standards for and methods of collection, transport, storage
or disposal of waste under Article
13; and
3. Where they have failed to take measures under Article 40 (1).
(8) No person on whom the disposition of closedown of recycling
facilities has been taken may file
a report on recycling business again within one year from the date such disposition has been
taken.
Article 46-2 (Penalty Surcharges)
(1) Where a person who has filed a report under Article 46 (1), falls under any subparagraph of Article
46 (7) so the relevant Mayor/Do
governor shall order a waste recycling business to be suspended,
and the relevant Mayor/Do governor deems that the suspension of
such recycling business falls under
any of the following subparagraphs, the relevant Mayor/Do governor may impose a penalty surcharge
of not more than 50 million won, in lieu of the suspension of such recycling business, as prescribed
by Presidential Decree:
1. The suspension of a waste recycling business concerned prevents a customer from commissioning
waste disposal to the recycling
business, resulting that wastes are left stored in the customer's
place of business, so the customer's business activities are anticipated
to be enormously impeded;
2. Where hazards occurs, or anticipated to occur, to the health of residents due to environmental pollution
resulting from wastes
stored by the relevant waste management business, or wastes left stored
by a customer of the business; and
3. Where the business is deemed necessary to be sustained due to natural disasters or other inevitable
circumstances.
(2) The amount of penalty surcharge, depending on the types and degree of violation, subject to the
imposition of a penalty surcharge
under paragraph (1), and other necessary matters shall be prescribed
by Presidential Decree.
(3) If a penalty surcharge under paragraph (1) is not paid, it shall be collected by referring to the
practices of dispositions
on default of national (local) taxes.
(4) Penalty surcharges collected under paragraph (1) and (3) shall become the revenue of the
relevant
City/Do, however shall be used only for uses prescribe by Presidential Decree, such as the expansion
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of waste disposal facilities for broader areas.
[This Article Newly Inserted by Act No. 8613, Aug. 3, 2007]
Article 47 (Measures for Retrieving Wastes)
(1) Every business operator shall, whenever he/she manufactures, processes, imports, or sells products,
ensure that the wastes generated
from such manufacturing, processing, importing, or selling including
materials, containers, and products themselves are easily retrieved
and disposed of.
(2) In cases where any material, container, or product under paragraph (1) contains any substance specified
by
Ordinance of the Ministry of Environment among the air pollutants, water contaminants, and toxic
substances under Article 2 of the
Clean Air Conservation Act, Article 2 of the Water Quality and
Ecosystem Conservation Act, and Article 2 of the Toxic Chemicals
Control Act, or where wastes
are generated from any material, container, or product manufactured, processed, or sold in a large
quantity, the business operator involved shall retrieve and dispose of such material, container, or product
in accordance with
methods publicly notified by Ordinance of the Ministry of Environment for retrieving
and disposing of such wastes. In this case,
the Minister of Environment shall, when he/she intends
to issue such a public notice, consult in advance with the heads of central
administrative agencies
concerned.
Article 48 (Order to Take Actions for Disposing of Wastes)
(1) If it is discovered that the method by which wastes have been collected,
transported, stored, or
dispossed of by any of the following persons does not conform to the standards under Article 13,
the Minister
of Environment, the Mayor/Do governor or the head of Si/Gun/Gu may order the person
to change the method of collecting, transporting,
keeping in storage, or disposing of such wastes
or to take any other necessary actions within a given period of time:
1. The person who has collected, transported, kept in storage, or disposed of such wastes;
2. The person who commissioned another person to implement waste disposal without the ascertainment
under Article 17 (1) 3; and
3. The owner of the land in which such wastes have been dumped or buried, in cases where the
landowner him/herself has disposed of
such wastes in his/her own land or has allowed another
person to use his/her own land.
(2) If a person who had taken action under any subparagraph of Article 40 (1) has abandoned wastes
and some abandoned wastes still
remain without being disposed of properly even after an order has
been issued, under paragraph (2) of the said Article, to a person
engaging in waste disposal business
or has reported recycling business to dispose of wastes, the Minister of Environment or the
relevant
Mayor/Do governor may order the person who has acquired the place of business discharging such
abandoned wastes under
Article 33 or the person who has acquired the place of business from a waste
management business operator or the person who engaging
the reported waste cycling business through
an auction under the Civil Execution Act, the realization under the Debtor Rehabilitation
and Bankruptcy
Act, or the sale of property seized under the National Tax Collection Act, the Customs Act, or the
Local Tax Act,
or any other similar proceedings to dispose of the abandoned wastes in question within
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a given period of time.
In cases where a person to whom an order has been issued to take actions under Article 48 (1) or
(2) fails to perform his/her obligation
as ordered, the Minister of Environment, the Mayor/Do governor,
or the head of Si/Gun/Gu may take such actions vicariously in accordance
with the Administrative
Vicarious Execution Act and collect the expenses for such actions from the person to whom such
order was
issued.
Article 50 (Follow-up Management of Waste Disposal Facilities)
(1) If a person who has installed a waste disposal facility with
approval for the installation under
Article 29 (2) (including the persons who hold a license for a waste management business under
Articles
25) intends to discontinue the operation of such facility installed by him/her or close down such facility,
he/she shall
file a report on his/her intention with the Minister of Environment as prescribed by Ordinance
of the Ministry of Environment.
(2) A person who had filed a report under paragraph (1) and discontinued the operation of a landfill
facility for wastes specified
by Presidential Decree or closed down such facility shall implement follow-up
management such as installation and operation of facilities
for the treatment of seeping water as prescribed
by Ordinance of the Ministry of Environment in order to prevent such facility from
causing hazards
to the health or property of residents or its surrounding environment.
(3) If the person who is obligated to implement
follow-up management under paragraph (2) fails to
perform his/her obligations properly, the Minister of Environment may order the
person to take corrective
measures within a given period of time, as prescribed by Ordinance of the Ministry of Environment.
(4)
If the person to whom an order has been issued pursuant to paragraph (3) fails to take any corrective
measure within the given period
of time, the Minister of Environment may assign a person designated
by Presidential Decree to vicariously take the corrective measures
and may spend the performance guarantee
bond for follow-up management, the performance guarantee insurance money, or the advance
reserve
for the follow-up management guarantee bond paid under Article 51 or 52 (hereinafter referred to as
the "performance guarantee
bond for follow-up management or similar") for the expenses required for
such vicarious execution. In this case, the Minister of
Environment may collect the difference from
the person to whom such an order has been issued, if the expenses exceed the amount
of the performance
guarantee bond for follow-up management or similar.
Article 51 (Performance Guarantee Bond for Follow-up Management
of Waste Disposal Facilities)
(1) If it is found that a landfill facility for wastes subject to follow-up management under Article
50 (2) may result in a serious hazard to the health or property of residents or surrounding environment
due to seepage of water,
etc. after the discontinuation of its operation or closedown of the facility,
the Minister of Environment may require the person
who installed such facility to deposit the full amount
or a part of necessary follow-up management expenses with an agency engaging
in follow-up management
for waste disposal facilities under Article 50 (4), as prescribed by Presidential Decree, in order to secure
the guarantee for the performance of follow-up management: Provided, That in cases falling under
any of the following subparagraphs,
the person may be exempted from obligation to deposit necessary
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follow-up management expenses or may be allowed to substitute such insurance or reserve for the
deposit of all or a part of follow-up
management expenses, as prescribed by Presidential Decree: (2)
1. If the person carries an insurance policy that guarantees the performance of follow-up management;
2. If the person has accumulated a reserve for expenses necessary for follow-up management under
Article 52; and
3. If there is any other ground specified by Presidential Decree.
(2) The expenses that a person who installed a waste landfill facility
under paragraph (1) shall deposit
(hereinafter referred to as "performance guarantee bond for follow-up management") shall be calculated
in accordance with the guidelines prescribed by Presidential Decree, and the time and procedure for
the payment of such expenses
and other necessary matters shall be prescribed by Presidential Decree.
(3) The performance guarantee bond for follow-up management
under paragraph (2) shall be collected
in accordance with the practices of disposition on default of national taxes, if it has not
been paid
on or before the time limit.
(4) If a person who installed a waste landfill facility has completely or partially performed his/her
obligations for follow-up
management, which he/she is obligated to perform each year, an agency
engaging in follow-up management under paragraph (1) shall
refund a portion of the performance
guarantee bond for follow-up management, equivalent to the amount calculated according to the
guidelines
prescribed by Presidential Decree in proportion to the amount of his/her performance.
Article 52 (Advance Reserve for Performance Guarantee Bond for Follow-up Management)
(1) The Minister of Environment may require,
as prescribed by Presidential Decree, a person who
has installed a landfill facility for wastes specified by Presidential Decree
to deposit, in advance, a
part of the expenses required for follow-up management subsequent to the discontinuation of operation
or closedown of the facility. 1. Refunding the performance guarantee bond for follow-up management and the advance reserve
for follow-up management of a landfill
facility;
2. Vicariously executing the follow-up management of a landfill facility; and
3. For other purposes of use prescribed by Presidential Decree.
Article 54 (Restriction on Use of Land Subsequent to Discontinuance
of Operation or Closedown)
If it is found that a landfill facility for the wastes subject to follow-up management under Article
50 (2) is likely to cause a serious hazard to the health or property of residents or its surrounding
environment because seeping
water leaks therefrom, embankments are washed away, or any other
event occurs subsequently after the operation of the facility is
discontinued or it is closed down, the
Minister of Environment may place a restriction on the purpose of use of the land in which
the facility
is situated, as prescribed by Presidential Decree, by requiring the person who holds the ownership
of, or any interest
other than the ownership in, the land to use the land only for the purpose of installing
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a park, growing trees, developing grasslands, or installing sports facilities during the period of time
prescribed by Presidential
Decree.
Article 55 (Adjustment of Waste Management Businesses)
The Minister of Environment or the Mayor/Do governor may, whenever he/she
coordinates waste
management businesses with local governments pursuant to Article 4 (2) or (4), demand them to use
a certain waste
disposal facility, including a waste landfill facility in common, if necessary to do so,
and may also demand them to prepare supportive
measures necessary for conservation and improvement
of the living environment of the area in which such facility is situated. In
this case, the local government
concerned shall comply with such demands, unless there is any extraordinary circumstance otherwise.
Article 56 (State Subsidies)
The State may grant local governments subsidies for the whole or part of the expenses required for
installing waste disposal facilities
within the limit of its budget.
Article 57 (Aid for Expenses Required for Installation of Waste Disposal Facilities)
The State
or the heads of local governments may, if deemed necessary, grant financial aid to a person
who intends to install a waste disposal
facility.
Article 58 (Reporting on Performance of Waste Management)
(1) The Mayors/Do governors shall report the performance of
waste management carried out within
their jurisdictions during the preceding year to the Minister of Environment by no later than
March
31 as prescribed by Ordinance of the Ministry of Environment.
(2) The Minister of Environment may require the Mayors/Do governors
or the heads of Sis/Guns/Gus
to report the performance of guidance and control conducted in relation to the affairs of waste management
within the extent required for the enforcement of this Act.
Article 58-2 (Korea Landfill Association)
(1) Persons who establish and administer waste disposal facilities, waste management businesses,
waste-related organizations, and
other persons engaging in affairs related to wastes may establish
the Korea Landfill Association (hereafter referred to as the "Association"),
upon approval by the Minister
of Environment, in order to facilitate the development of waste-related fields, such as research,
technology
development, the wide use of information, etc.
(2) The Association shall be established as a legal entity.
(3) The duties, organization and administration of the Association,
and other necessary matters shall
be prescribed by Presidential Decree, within the extent necessary for achieving its purpose.
(4) Provisions concerning a corporate juristic person in the Civil Act shall apply muntatis muntandis
to matters regarding the Association,
if not provided for in this Act.
[This Article Newly Inserted by Act No. 8613, Aug. 3, 2007]
Article 59 (License Fees)
A person who wishes to obtain a license or have his/her facility inspected under Articles 25 (3) and
30 (1) or (2) shall pay the
fee as prescribed by Ordinance of the Ministry of Environment.
Article 60 (Criteria for Administrative Dispositions)
The criteria
for administrative dispositions made against violations of this Act and the orders issued
under this Act shall be prescribed by
Ordinance of the Ministry of Environment.
Article 61 (Hearing)
The Minister of Environment or the Mayor/Do governor shall, whenever he/she intends to make any
of the following dispositions, hold
a hearing:
1. To revoke a license under Article 27; or
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Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
688
2. To issue an order to close down a waste disposal facility under Article 31 (5).
Article 62 (Delegation of Authority or Commissioning
of Business Affairs)
(1) Part of the authority vested in the Minister of Environment under this Act may be delegated to
the Mayor/Do
governor or the head of each regional environmental office, as prescribed by Presidential
Decree.
(2) The State or the head of a local government may, if deemed necessary for the efficient management
and operation of a waste disposal
facility or similar installed under this Act, commission a person
capable of managing and operating it to implement such management
and operation, as prescribed
by Ordinance of the Ministry of Environment (Municipal Ordinance of the relevant local government
in cases where the head of the local government commissions such management and operation).
CHAPTER PENAL PROVISIONS
Article 63 (Penal Provisions)
A person who has dumped or buried commercial wastes in violation of Article 8 (1) or (2) shall be
punished by imprisonment for seven
years or less or by a fine not exceeding fifty million won. In
this case, a person may be punished by both imprisonment and a fine
concurrently.
Article 64 (Penal Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment
for five years or less or by a fine
not exceeding thirty million won:
1. A person who has operated a waste management business without a license under Article 25
(3);
2. A person who has obtained a license for a waste management business under Article 25 (3) by
fraudulent or other unlawful means;
or
3. A person who has not complied with an order of closure under Article 31 (5).
Article 65 (Penal Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment
for three 3 years or less or by a
fine not exceeding twenty won: Provided, That a person may be
punished by both imprisonment and a fine concurrently if the person
falls under subparagraph 1 or
2:
1. A person who has buried wastes in violation of Article 13 or Article 24-3 (4);
2. A person who has disposed of commercial wastes or imported wastes, in violation of Article 18
(1) or Article 24-3 (1);
3. A person who has exported imported wastes as the same state or condition as they were imported,
in violation of Article 24-3 (5);
4. A person who has altered an item contained in a license for a waste management business without
an amended license under Article
25 (11);
5. A person who has continued his/her business during the business suspension period under Article
27;
6. A person who has installed a waste disposal facility without approval in violation of Article 29
(2);
7. A person who has operated a waste disposal facility without an inspection or a confirmation on
conformity in violation of any
provision of Article 30 (1) through (3);
8. A person who has failed to comply with an order of improvement under Article 31 (4) or who
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689
has violated an order to suspend the operation;
9. A person who has failed to comply with an order to take an action under Article 47 (4);
10. A person who has not complied with an order to take action under Article 48 (1) or (2); or
11. A person who has failed to comply with an order of correction under Article 50 (3).
Article 66 (Penal Provisions)
A person who falls under any of the following subparagraphs shall be punished by imprisonment
for two years or less or by a fine
not exceeding ten million won:
1. A person who has contaminated the surrounding environment by collecting, transporting, keeping
in storing, or disposing of wastes
in violation of Article 13 (excluding a violation of subparagraph
1 of Article 65) or Article 24-3 (4);
2. A person who has failed to file a report or who has filed a false report in violation of Article
17 (2), 24-2 (1) or 46 (1);
3. Deleted; 4. A person who has not obtain verification or verification on changes under Article 17 (3) or (4),
who has discharged, transported,
or disposed of controlled waste in a manner different from that
certified;
5. A person who has failed to transmit information on the delivery and receipt of wastes to the
electronic information processing
center under Article 18 (3) or Article 24-3 (2), failed to transmit
it pursuant to the ways as prescribed by Ordinance of the Ministry
of Environment, or has transmitted
false data to the center;
6. A person who has carried out his/her business in deviation from the type and scope of business
under Article 25 (5);
7. A person who has breached a condition under Article 25 (7);
8. A person who has allowed another person to use his/her name or trade name in collection, transportation,
or disposal of wastes
or who has lent his/her license to other person in violation of Article 25 (8);
9. A person who has stored wastes in violation of Article 25 (9);
10. A person who has installed or operated a waste incineration facility, although it is prohibited from
being installed, in violation
of Article 29 (1);
11. A person who has installed a waste disposal facility without filing a report in violation of Article
29 (2);
12. A person who has amended any item approved without approval for such amendment in violation
of Article 29 (3);
13. A person who has maintained and managed a waste disposal facility in a manner that does not
conform to the guidelines for the
management under Article 31 (1) and has consequently contaminated
the surrounding environment;
14. A person who has failed to comply with an order to take a measurement or make an assessment
under Article 31 (6);
15. A person who has failed to comply with an order to submit a report under Article 38 (2); and
16. A person who have continued to operate his/her recycling business while the business is suspended
under Article 46 (7).
Article 67 (Joint Penal Provisions)
(1) If the representative, or an agent, an employee or any other worker of a legal entity commits
an offense under any provision
of Articles 63 through 66 in connection with the business of the legal
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690
entity, not only shall such offender be punished accordingly, but the legal entity shall also be punished
by a fine under the relevant
Article.
(2) If an agent, an employee, or any other servant of a private individual commits an offense under
any provision of Articles 63
through 66 in connection with the business of the private individual, not
only shall such offender be punished accordingly, but
the private individual shall also be punished
by a fine under the relevant Article.
Article 68 (Fine for Negligence)
(1) A person who falls under any of the following subparagraphs shall be punished by a fine for
negligence not exceeding ten million
won: (2) 1. A person who has collected, transported, kept in storage or disposed of wastes in violation of
Article 13 (excluding a person
who falls under subparagraph 1 of Article 65 or subparagraph 1
of Article 66) or Article 24-3 (4);
2. A person who has charged any price higher than the maximum price or any price lower than
the minimum price prescribed for waste
management, in violation of Article 25 (9) in carrying
out commissioned waste management;
3. A person who has failed to comply with the rules under Article 25 (9);
4. A person who has maintained or managed a waste disposal facility in a manner that does not
conform to the guidelines for such
management in violation of any provision of Article 31(1) through
(3) or who has filed to take a measure or make an assessment of
the pollutants or impacts on
the surrounding area (excluding a person who falls under subparagraph 14 of Article 66);
5. A person who has failed to appoint a technical manager or has failed to make a contract for technical
management services in violation
of Article 34 (1);
6. A person who falls under Article 38 (1) 3 but has failed to submit a report under Article 38 (1)
within a prescribed time limit
or has prepared and submitted a false report;
6-2. A person who has failed to take an action pursuant to Article 40 (1), or failed
to conform to
an order of disposal of wastes under paragraph (2) of the same Article;
7. A person who has failed to comply with an order to take action in violation of Article 40 (3)
1; and
8. A person who has failed to comply with an order of renewal under Article 40 (8).
(2) A person who falls under any of the following
subparagraphs shall be punished by a fine for
negligence not exceeding three million won: 1. A person who has commissioned someone to provide him/her with a service without ascertainment
under Article 17 (1) 3;
2. A person who has failed to perform his/her obligations to comply with the guidelines publicly
notified pursuant to Article 17
(5);
3. A person who has commissioned someone to implement waste management at a price lower than
the price prescribed for waste management
in violation of Article 18 (2);
4. A person who has failed to transmit information on the delivery and receipt of wastes to the
electronic information processing
center under Article 18 (3) or Article 24-3 (2) on time, or has
transmitted false information to the center.;
5. A person who has made an amendment to any reported item without filing a report on such amendment
in accordance with Article 17
(2), 24-2 (2), 25 (11), or 46 (3);
6. A person who has failed to carry documents, etc. with him/her or failed to generate it in violation
of Article 19 (1) or 24-3
(3);
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7. A person who has failed to issue a notice in violation of Article 19 (2);
8. Deleted; 9. A person who has failed to file a report in violation of Article 37;
10. A person who has failed to renew the performance guarantee insurance policy under Articled 40
(7); and
11. A person who has failed to conform to rules under Article 46 (6).
(3) A person who falls under any of the following subparagraphs
shall be punished by a fine for
negligence not exceeding one million won: 1. A person who has dumped, buried or incinerated household wastes in violation of Article 8 (1)
or (2);
2. A person who has failed to comply with an order to take measures in violation of Article 8 (3);
3. A person who has violated Article 15 (1) or (2);
4. Deleted; 5. A person who has commenced the operation of a facility without filing a report under Article
29 (4);
6. A person who has failed to take training courses or did not provide an opportunity to take training
courses in violation of Article
35 (1) or (2);
7. A person who has failed to keep or preserve account books under Article 36 (1) or who has made
a false entry therein;
8. A person who has failed to submit a report under Article 38 (1) within a prescribed time limit
or who has prepared and submitted
a false report (excluding any person under paragraph (1) 6);
9. A person who has failed to submit such materials as may be necessary for preparing a report
under Article 38 (3) within a prescribed
time limit or who has prepared and submitted a false
report;
10. A person who has failed to file a report under Article 39 (1) or who has filed a false report;
11. A person who has rejected, interfered with, or evaded an access or inspection under Article 39
(1);
12. A person who has failed to submit the original set of an insurance policy under Article 40 (9);
13. A person who has failed to notify of changes under Article 40 (10); or
14. A person who has failed to file a report under Article 50 (1).
(4) The fine for negligence under paragraphs (1) through (3) shall
be imposed and collected by the
Minister of Environment, the Mayor/Do governor, or the head of Si/Gun/Gu, as the case may be,
prescribed
by Presidential Decree.
(5) A person who has is dissatisfied with the disposition of a fine for negligence under paragraph
(4) may file an objection with
the Minister of Environment, the Mayor/Do governor, or the head of
Si/Gun/Gu within thirty days from the date on which he/she is
notified of the disposition.
(6) The Minister of Environment, the Mayor/Do governor, or the head of Si/Gun/Gu shall, upon receiving
an objection under paragraph (5) from a person subject to the disposition of a fine for negligence,
under paragraph (4) notify
the competent court of the objection without delay, and the court shall,
submit the case to trial pursuant to the Non-Contentious
Case Litigation Procedure Act.
(7) If neither an objection is filed nor the fine for negligence is paid within the period under
paragraph
(5), such fine for negligence shall be collected in accordance with the practices of the disposition on
default of national
or local taxes.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
692
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions
of Article 3 (1) 4 above
and Article 9 (40) of Addenda shall enter into force on September 28, 2007; the
amended provisions of subparagraphs 4 and 5 of Article
2 and Article 25 (9) above on January 4, 2008;
the amended provisions of Articles 3 (2) and 18 (1) above and Article 9 (42) of Addenda
on January
20, 2008; and the amended provision of Article 9 (29) of Addenda on January 27, 2008, respectively.
Article 2 (Transitional
Measure concerning Enforcement Date)
The former provisions of subparagraphs 4 and 5 of Article 2 and Articles 3 (1) 4 and (2), 25
(1),
and 26 (9) shall remain effective until the amended provisions of subparagraph 4 and 5 of Article
2 and Articles 3 (1) 4 and
(2), 18 (1), and 25 (9) enter into force pursuant to the proviso to Article
1 of Addenda.
Article 3 (Effective Period)
The amended provisions of Article 12 shall remain effective until October 4, 2007.
Article 4 (Transitional Measure concerning Reporting
on Recycling of Industrial Wastes)
Any person who has filed a report on recycling of industrial wastes in accordance with the former
provisions
enforceable as of September 9, 1991,
which corresponds to the enforcement date of the Amendment (Act No. 4363) to the Wastes Control
Act, shall be deemed to have filed
a report on recycling under this Act.
Article 5 (Transitional Measure concerning Reporting by Waste Producers who Discharge Ordinary
Wastes in Large
Quantities or Specific Wastes)
Any persons who has filed a report as a waste producer who discharges ordinary wastes in large
quantities or specific wastes in
accordance with the former provisions enforceable as of February
5, 1996, which corresponds to the enforcement date of the Amendment
(Act No. 4970) to the Wastes
Control Act, shall be deemed to have filed a report as a commercial waste producer under this Act.
Article 6 (Transitional Measures concerning License for Waste Management Business)
(1) Any person who holds a licence for waste
recycling business under the former provisions enforceable
as of August 9, 1999, which corresponds to the enforcement date of the
Amendment (Act No. 5865)
to the Wastes Control Act, shall be deemed to have obtained the license for the interim waste treatment
business under the amended provisions of Article 25 (3) herein.
(2) Any person who files a report on recycling of wastes under
the former provisions enforceable
as of August 9, 1999, which corresponds to the enforcement date of the Amendment (Act No. 5865)
to the Wastes Control Act, shall be deemed to have filed a report on recycling of wastes under the
amended provision of Article
46 herein.
Article 7 (General Transitional Measure concerning Dispositions)
The acts performed by or against an administrative agency under
the former provisions enforceable
at the time when this Act enters into force shall be deemed as those performed by or against the
administrative agency under this Act.
Article 8 (Transitional Measure concerning Penal Provisions and Fines for Negligence)
The acts performed before the enforcement
of this Act shall be governed by the former provisions
in applying penal provisions or provisions concerning fines for negligence.
Article 9 Omitted.
Article 10 (Relations with Other Acts)
A citation of the former Wastes Control Act or any provision thereof by any other statute enforceable
at the time when this Act
enters into force shall be deemed to be a citation of this Act or a corresponding
provision
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693
hereof in lieu of the former provision, if such a corresponding provision exists herein.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six month after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures concerning
Transmission of Delivery and Receipt of Waste to Electronic
Information Processing Program) Where a waste delivery note or a simplified
waste delivery note is
issued under the previous provisions and the delivery and receipt thereof is pending at the time when
this
Act enters into force, the transmission of information to the electronic information processing program
is deemed made under the
amended provisions of Article 18 (3).
(3) (Transitional Measures concerning Penal Provisions) The previous provisions shall apply
to application
of penal provisions to acts conducted before this Act enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
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