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Laws of the Republic of Korea |
WATER QUALITY AND ECOSYSTEM CONSERVATION ACT
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 390
WATER QUALITY AND ECOSYSTEM CONSERVATION ACT
Wholly Amended by Act No. 7459, Mar. 31, 2005
Amended by Act No. 8038, Oct. 4, 2006
Act No. 8209, Jan. 3, 2007
Act No. 8260, Jan. 19, 2007
Act No. 8338, Apr. 6, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8466, May 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
CHAPTER GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to prevent people's health and environment from being exposed to harm
and danger caused by water pollution
and to properly manage and preserve water quality and aquatic
ecosystems of the public waters, including rivers, lakes and marshes,
etc. in order to enable people
to enjoy benefits accruing from measures, and hand down such benefits to our future generations.
Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: 1. The term "point pollution sources" means the wastewater discharge facilities, sewage generating
facilities, cattle barns, etc.,
which release water-quality pollutants into certain places through conduits,
waterways, etc.;
2. The term "non-point pollution sources" means the cities, roads, farmlands, mountain areas, construction
sites, etc., which release
water-quality pollutants into unspecified places in an unspecified manner;
3. The term "other water pollution sources" means point pollution sources and non-point pollution
sources of facilities or places
that release untreated water-quality pollutants, which are prescribed
by Ordinance of the Ministry of Environment;
4. The term "wastewater" means water mixed with liquid or solid water-quality pollutants, that
can not be used as it is for any purpose;
5. The term "rainfall outflow water" means rainwater, melting snow water, etc. that flows out after
being mixed with the water-quality
pollutants of non-point pollution sources;
6. The term "impermeable layers" means the asphalt-or concrete-paved roads, parking lots and sidewalks
that prevent rainwater and
melting snow water, etc. from permeating underground;
7. The term "water-quality pollutants" means substances that pollute water quality, which are prescribed
by Ordinance of the Ministry
of Environment;
8. The term "specific substances harmful to water quality" means water-quality pollutants that are
feared to harm directly and indirectly
human health and property as well as the raising of animals
. Water Quality
1. Water Quality and Ecosystem Conservation Act
391
and the growth of plants, which are prescribed by Ordinance of the Ministry of Environment;
9. The term "public waters" means rivers, lakes, marshes, harbors, waters, coastal areas, waters
used for public purposes and waterways
used for public purposes by linking themselves with the
former, which are prescribed by Ordinance of the Ministry of Environment;
10. The term "wastewater discharge facilities" means facilities, machines, equipment and other objects
that release water-quality
pollutants, which are prescribed by Ordinance of the Ministry of Environment:
Provided, That ships and marine facilities provided
for in subparagraphs 16 and 17 of Article
2 of the Marine Environment Management Act shall be excluded;
11. The term "wastewater non-discharge facilities" means wastewater discharge facilities that do not
release wastewater into public
waters through the treatment of wastewater from waste discharge
facilities by using water pollution prevention facilities or by
reusing the treated wastewater in
the relevant business place;
12. The term "water pollution prevention facilities" means the facilities used to remove or reduce
water-quality pollutants released
by point pollution sources, non-point pollution sources and other
water pollution sources, which are prescribed by Ordinance of
the Ministry of Environment;
12-2. The term "reduction facilities for non-point pollution" means a kind of water pollution prevention
facilities, which are used to remove or reduce water-quality pollutants released by non-point pollution
sources, and prescribed
by Ordinance of the Ministry of Environment;
13. The term "lake and marsh" means water and land of a full-water-level area (referring to a planned
floodwater level in cases of
a dam) falling under any of the following items:
(a) A place where the flowing water of any river or any valley is stored through
the construction
of any dam, any dam for irrigation or any dike, etc. (excluding any erosion control facilities
provided for in
the Work Against Land Erosion or Collapse Act);
(b) A place where the flowing water of any river is naturally stored; or
(c) A
place where water is stored when caved in by any volcanic activity;
14. The term "water surface manager" means the person who is in charge of managing any lake
and any marsh pursuant to the provisions
of other Acts and subordinate statutes. In cases where
two or more persons are in charge of managing the same lake and marsh, the
person other than
the river management authority provided for in the River Act shall be the water surface manager;
and
15. The term "lake and marsh for water supply sources" means a lake and marsh where intake facilities
provided for in subparagraph
17 of Article 3 of the Water Supply and Waterworks Installation
Act are installed inside and outside such land and marsh (hereinafter
referred to as the "intake
facilities") in order to use the water of the relevant lake and marsh as potable water, which are
prescribed
and published by the Minister of Environment, from among lakes and marshes located
outside water supply source protection areas
(hereinafter referred to as the "water supply source
protection areas") provided for in Article 7 of the Water Supply and Waterworks
Installation Act
and special countermeasure areas (hereinafter referred to as "special countermeasure areas") that
are designated
pursuant to the provisions of Article 22 of the Framework Act on Environmental
Policy in order to preserve the water quality thereof.
Article 3 (Duties)
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
392
(1) The State and local governments shall take policy steps to prevent the contamination of water
quality and aquatic ecosystems,
to properly control the instances of contamination of water quality
and aquatic ecosystems and to properly manage and preserve water
quality and aquatic ecosystems
of the public waters, including rivers, lakes and marshes, etc. in order for people to lead their
lives
in a healthy and comfortable environment.
Article 4 (Quantity Regulation of Water-quality Pollutants)
(1) The Minister of Environment may, with regards to a region falling
under any of the following
subparagraphs, regulate the total quantity of water-quality pollutants by river-system spheres of influence
under Article 22 (2): Provided, That in cases of the region to which the Act on the Management
of Water and Support for Residents
of the Gum River System, the Act on the Management of Water
and Support for Residents of the Nakdong River System, the Act on the
Management of Water and
Support for Residents of the Yeongsan and Seomjin River Systems and the Act on the Improvement
of Water
Quality and Support for Residents of the Riverhead of the Han River System (hereinafter
referred to as the "Acts on four major river
systems") applies, it is governed by the relevant provisions
of the Acts on four major river systems, and in cases of the region
in which the quality regulation
of pollutants is implemented in accordance with the Prevention of Marine Pollution Act, it is governed
by the relevant provisions of the Prevention of Marine Pollution Act:
1. A region belonging to the basin of the river system that is recognized as whose target criteria
may not be achieved or maintained
as a result of the evaluation as to whether the target criteria
of water quality and aquatic ecosystems has been achieved or maintained
in accordance with Article
10-2 (2) and (3); or
2. Region belonging to the basin of the river system that is recognized as it may cause serious harm
to the health or property of
the residents or the aquatic ecosystem due to the water pollution.
(2) The Minister of Environment shall determine and publish the
area whose total amount of water-quality
pollutants to be regulated in accordance with paragraph (1) under conditions prescribed
by Presidential
Decree.
[This Article Wholly Amended by Act No. 8466, May 17, 2007]
Article 4-2 (Publication or Public Notice of Target Water-quality for
Quantity Regulation of Pollutants and Establishment
of Basic Guidelines for Quantity Regulation of Pollutants)
(1) The Minister
of Environment shall determine and publish the target water qualities for the quantity
regulation of pollutants (hereinafter referred
to as the "target water quality for quantity regulation
of pollutants") by sections of river system under conditions prescribed
by Presidential Decree by considering
the current status of use or water quality of the river system of the regions designated and
published
in accordance with Article 4 (2) (hereinafter referred to as the "region subject to the quantity regulation
of pollutants"):
Provided, That the same shall not apply to regions for which the competent Mayors
of the Special Metropolitan City and the Metropolitan
Cities, Do governors, and Do governor of the
Special Self-governing Province (hereinafter referred to as "Mayor/Do governor") publishes
target
water qualities for quantity regulation of pollutants by sections of river system located with the jurisdiction
. Water
Quality
1. Water Quality and Ecosystem Conservation Act
393
of the relevant City/Do after obtaining approval from the Minister of Environment as prescribed by
Presidential Decree with the
purposes of achieving target water-quality for quantity regulation of pollutants
on the border points of the Special Metropolitan
City, Metropolitan Cities, Do or the Special Self-governing
Province (hereinafter referred to as the "City/Do") determined and published
by the Minister of Environment.
(2) The Minister of Environment shall establish, in order to achieve and maintain the target water-quality
for quantity regulation of pollutants, the basic guidelines regarding the quantity regulation of pollutants
(hereinafter referred
to as "basic guidelines for quantity regulation of pollutants") in which matters
prescribed by Presidential Decree are included,
after going through consultation with the relevant Mayor/Do
governor and notify the relevant Mayor/Do governor.
[This Article Newly
Inserted by Act No. 8466, May 17, 2007]
Article 4-3 (Establishment of Basic Plan for Quantity Regulation of Pollutants, etc.)
(1)
The Mayor/Do governor who has jurisdiction over a region subject to the quantity regulation
of pollutants shall, in compliance with
the basic guidelines for quantity regulation of pollutants, establish
a basic plan (hereinafter referred to as "basic plan for quantity
regulation of pollutants") in which
each of following matters are included and obtain approval from the Minister of Environment
as prescribed
by Ordinance of the Ministry of Environment. The same shall apply to cases where important matters
prescribed by
Presidential Decree from among the matters of the basic plan for quantity regulation
of pollutants to be changed:
1. Matters on the development plan for the relevant region;
2. Allotment of the loading quantity for contamination by local governments, and by sections of river
system;
3. Total quantity of the loading quantity for contamination discharged in his/her jurisdiction and a
reduction plan therefor; or
4. Total quantity of the loading quantity for contamination additionally discharged as a result of the
development plan for the relevant
region and the reduction plan therefor.
(2) The standards for granting approval on the basic plan for quantity regulation of pollutants
shall
be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article
4-4 (Establishment and Operation of Implementation Plan for Quantity Regulation of Pollutants, etc.)
(1) The Special Metropolitan
City Mayor, the Metropolitan City Mayor, the Do governor, the Special
Self-governing Province governor, or the head of Si/Gun (excluding
the head of Gun of the Metropolitan
City; hereinafter the same shall apply in this Article) who has jurisdiction over the region
whose
target water-quality for quantity regulation of pollutants has not been achieved or maintained as prescribed
by Ordinance
of the Ministry of Environment, from among the regions subject to the quantity regulation
of pollutants, shall establish the implementation
plan (hereinafter referred to as "implementation plan
for quantity regulation of pollutants") in compliance with the basic plan
for quantity regulation of
pollutants and operate it as prescribed by Presidential Decree after obtaining approval from the Minister
of Environment or the Mayor/Do governor. The same shall apply to cases where important matters
prescribed by Presidential Decree
from among the matters of the implementation plan for quantity
regulation of pollutants to be amended.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor, the Special
Self-governing Province governor
or the head of Si/Gun (hereinafter referred to as "head of local
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
394
government in charge of quantity regulation of pollutants") who operate the implementation plan for
quantity regulation of pollutants
in accordance with the provisons of paragraph (1), shall prepare a
report on which the performance of the implementation plan for
quantity regulation of pollutants of
the preceding year is evaluated as prescribed by Ordinance of the Ministry of Environment and
submit
it to the heads of local environmental administrative agencies. In such cases, the head of Si/Gun shall
submit it through
the competent Do governor.
(3) The heads of local environmental administrative agencies may demand the establishment and the
implementation of measures or
countermeasures necessary for the head of local government in charge
of quantity regulation of pollutants in order to smoothly implement
the implementation plan for quantity
regulation of pollutants after reviewing the report submitted in accordance with paragraph
(2). In such
cases, the competent head of local government in charge of quantity regulation of pollutants shall
comply with such
request unless special grounds exist that prevent him/her from doing so.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 4-5 (Allotment Loading Quantity for Contamination by Facilities, etc.)
(1) The Minister of Environment may, in cases where
it is necessary to achieve and maintain the
target water-quality for quantity regulation of pollutants, allot the loading quantity
for contamination
by final ditches and by unit periods or designate the quantity for discharge as prescribed by Ordinance
of the
Ministry of Environment with regards to facilities prescribed by Presidential Decree from among
facilities to which any of the following
standards apply. In such cases, the Minister of Environment
shall hold prior consultation with the head of local government in charge
of quantity regulation of
pollutants:
1. Standards for the quality of water released, pursuant to Article 12 (3);
2. Standards for permitting discharge pursuant to Article 32;
3. Standards for the quality of water released, pursuant to Article 7 of the Sewerage Act; or
4. Standards for the quality of water released, pursuant to Article 13 of the Act on the Management
and Use of Livestock Excreta.
(2) The head of local government in charge of quantity regulation of pollutants may, in cases where
it is necessary to achieve and
maintain the target water quality for quantity regulation of pollutants,
with regards to facilities prescribed by Ordinance of the
Ministry of Environment from among facilities
other than those prescribed by Presidential Decree pursuant to paragraph (1), to which
any standard
falling under subparagraphs of paragraph (1) applies, allot the loading quantity for contamination by
final ditches
and by unit periods or designate the quantity for discharge as prescribed by Ordinance
of the Ministry of Environment.
(3) The Minister of Environment or the head of local government in charge of quantity regulation
of pollutants shall, when he/she
allots the loading quantity for contamination or designates the quantity
for discharge in accordance with the provisions of paragraph
(1) or (2), hear the opinions of interested
persons in advance, and take necessary measures to make the interested persons aware
the contents
thereof.
(4) Any person who installs or operate facilities for which the loading quantity for contamination has
been alloted or the quantity
for discharge has been designated in accordance with the provisions of
paragraph (1) or (2) (hereinafter referred to as "person
running business of allotted contamination,
etc."), shall equip and run devices which are able to measure the loading quantity for
contamination
. Water Quality
1. Water Quality and Ecosystem Conservation Act
395
and the quantity for discharge and records the results of such measurements truthfully under conditions
prescribed by Presidential
Decree: Provided, That the same shall not apply to cases of a person running
a gauge-building business, etc. under Article 38-3.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 4-6 (Order to Take Measures, etc. against Person of Excessive
Release)
(1) The Minister of Environment or the head of local government in charge of quantity regulation
of pollutants may order
any person who releases in excess of the loading quantity for contamination
or the quantity for discharge allotted or designated
in accordance with Article 4-5 (1) or (2) (hereinafter
referred to as "alloted loading quantity for contamination, etc.") to take
necessary measures, including
the improvement of water pollution prevention facilities, etc.
(2) Every person who has been issued
an order to take measures in accordance with paragraph (1),
shall submit a plan for improvement to the Minister of Environment or
the head of local government
in charge of quantity regulation of pollutants and then implement the order to take measures in accordance
with paragraph (1) under conditions prescribed by Ordinance of the Ministry of Environment.
(3) The provisions of Article 45 shall
apply mutatis mutandis to reports on implementation of orders
to take measures in accordance with paragraph (2) and the confirmation
thereof. In such cases, "the
order to take measures in accordance with Article 38-4 (2), 39, 40, 42 or 44" shall be read "the order
to take measures in accordance with Article 4-6 (1)", and "the Minister of Environment" shall be
deemed "the Minister of Environment
or the head of local government in charge of quantity regulation
of pollutants."
(4) The Minister of Environment or the head of local government in charge of quantity regulation
of pollutants may, in cases where
any person who has been ordered to take measures in accordance
with paragraph (1) has failed to implement such order, or he/she
has implemented such order within
the period for implementation but he/she has been found, as a result of survey, continuously exceeding
the alloted loading quantity for contamination, etc., order to suspend, in whole or in part, the operation
of the relevant facilities
by fixing a period within six months or to close down the relevant facilities
: Provided, That in cases where even if the measures
for improving the prevention facilities, etc.
have been taken, there is little chance of lowering below the alloted loading quantity
for contamination,
etc. and prescribed by Ordinance of the Ministry of Environment, the order to close down shall be
issued.
(5) The provisions of Article 43 shall apply mutatis mutandis to dispositions of penality surcharge
imposed in lieu of the suspension
of operation in accordance with paragraph (4). In such cases, "the
Minister of Environment" shall be deemed "the Minister of Environment
or the head of local government
in charge of quantity regulation of pollutants"; "the person running business" shall be deemed "the
person running business of allotted contamination, etc."; "Article 42" shall be read as "Article 4-6
(4)"; and "precedents on dispositions
taken to collect national taxes in arrears" shall be read "precedents
on dispositions taken to collect national or local taxes in
arrears."
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 4-7 (Charges for Release in Excess of Total Quantity
of Pollutants)
(1) The Minister of Environment or the head of local government in charge of quantity regulation
of pollutants may
impose and collect charges for release in excess of total quantity of pollutants (hereinafter
referred to as "charges for release
in excess of total quantity of pollutants") from any person who
has discharged in excess of the alloted loading quantity for contamination,
etc.
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
396
(2) Matters necessary for the means of and criteria for calculating charges for release in excess of
total quantity of pollutants,
etc. shall be prescribed by Presidential Decree.
(3) When charges for release in excess of total quantity of pollutants are imposed
pursuant to the
provisions of paragraph (1), in cases where the discharge imposition amount under Article or the penalty
surcharge
under Article 12 of the Act on Special Measures for the Control of Environmental Offenses
(limited to penalty surcharges imposed
with regards to water quality) has previously been imposed,
the relevant amount shall be reduced.
(4) The provisions of Article 41 of (4) through (8) apply mutatis mutandis to the imposition and collection
of charges for release
in excess of the total quantity of pollutants, etc. In such cases, "the Minister
of Environment" shall be deemed "the Minister of
Environment or the head of local government in
charge of quantity regulation of pollutants," and "the discharge imposition amount"
shall be read "the
charges for release in excess of the total quantity of pollutants."
[This Article Newly Inserted by Act No.
8466, May 17, 2007]
Article 4-8 (Support by Local Government to Region subject to Quantity Regulation of Pollutants and Punishment
against Noncompliance, etc.)
(1) The State may provide support for a part of expenses incurred in regulating the total quantity
of pollutants to the local government
which has established and operated an implementation plan for
quantity regulation of pollutants.
(2) The heads of relevant administrative agencies shall be prohibited from granting approval, permission,
etc. with regards to any
of the following subparagraphs to any local government which has exceeded
the loading quantity for contamination by local governments
and by sections of river system in accordance
with Article 4-3 (1) 2 or has failed to establish or
operate, without justifiable
grounds, the basic plan for quantity regulation of pollutants or the implementation
plan for quantity regulation of pollutants:
1. Implementation of a project for urban development under the provisions of Article 2 (1) 2 of the
Urban Development Act;
2. Development of an industrial sites under the provisions of subparagraph 5 of Article 2 of the Industrial
Sites and Development
Act;
3. Development of a tourist spots and the tourism complex under the provisions of subparagraphs
6 and 7 of Article 2 of the Tourism
Promotion Act; or
4. Installment of structures, including buildings, of a scale not smaller than that prescribed by Presidential
Decree.
(3) The Minister of Environment or the heads of relevant central administrative agencies may, in
cases where the head of a relevant
administrative agency has violated the provisons of paragraph
(2) or the head of a local government in charge of quantity regulation
of pollutants has failed to comply
with the request under Article 4-4 (3) without justifiable grounds, suspend or downsize financial
support
or take other necessary measures.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 4-9 (Inter-agency Cooperation for Quantity Regulation of Pollutants
and Operation of Survey and Research
Team, etc.)
(1) The Minister of Environment may, in order to build the information system to be used for the
efficient utilization of data necessary
for the implementation of the quantity regulation of pollutants,
request the heads of related agencies, including the heads of relevant
central administrative agencies,
. Water Quality
1. Water Quality and Ecosystem Conservation Act
397
local governments, public agencies under Article 4 of the Act on the Protection of Personal Information
Maintained by Public Agencies,
etc. to submit necessary data. In such cases, the heads of related
agencies shall comply with such request without justifiable grounds
to the contrary.
(2) The Minister of Environment may, in order to adjust pollutants subject to the quantity regulation
of pollutants,
and the target water qualities for quantity regulation of pollutants by sections of river
system, and to perform the review, survey
and research on the implementation of the quantity regulation
of pollutants, organize the survey and research team by gathering
experts on related fields and operate
it under conditions prescribed by Ordinance of the Ministry of Environment.
[This Article
Newly Inserted by Act No. 8466, May 17, 2007]
Article 5 (Provision of Information)
The Minister of Environment shall build and operate a computer network for people to gain easy
access to information pertaining
to the results of regular measurement and of investigations provided
for in Article 9, the results of surveys of pollution sources,
as provided for in Article 23, pollution
levels, discharge quantities, etc. of the wastewater released by waste-water discharge
facilities and
other information prescribed by Ordinance of the Ministry of Environment.
Article 6 (Support for Civilians Involved in Preservation Activities for Water Quality and Aquatic Ecosystems)
The State and local
governments may support voluntary preservation activities for water quality and
aquatic ecosystems and monitoring activities for
contamination and damage thereof, carried out by
local residents and nongovernmental organizations.
the occurrence of water pollution in rivers, lakes and marshes by reducing the presence of water-quality
pollutants, and take policy
steps to support technology development and develop relevant industries.
Article 8 Deleted.
AQUATIC ECOSYSTEM IN PUBLIC WATERS
SECTION 1 General Provisions
Article 9 (Regular Measurements and Research on Water Quality and Aquatic Ecosystem)
(1) The Minister of Environment may, in order
to ascertain the actual state of water quality and
aquatic ecosystems of rivers, lakes, marsh, and other public waters prescribed
by Ordinance of the
Ministry of Environment (hereinafter referred to as "rivers, lakes and marsh, etc."), install a monitoring
net in order to regularly measure the level of water pollution, the current status on water quality
Reproduced from statutes of
Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
398
and aquatic ecosystems of rivers, lakes and marsh, etc. across the nation.
(2) The Minister of Environment shall, when he/she establishes
the plan for surveying the river area
under Article 2 (1) 2 of the River Act, from among regions subject to research on the actual
state
of the aquatic ecosystem in accordance with paragraph (1), consult with the Minister of Land, Transport
and Maritime Affairs.
(4) Matters necessary for regular measurements and reports pursuant to paragraphs (1) and (3) shall
be prescribed by Ordinance of
the Ministry of Environment.
[This Article Wholly Amended by Act No. 8466, May 17, 2007]
Article 10 (Decision on and Publication
of Plan for Building Measuring Networks)
(1) The Minister of Environment shall decide on a plan for building measuring networks
which specifies
the locations of measuring networks provided for in Article 9 (1), measurement items and the time
and frequency
of measurement, etc. and publish such plan under conditions prescribed by Ordinance
of the Ministry of Environment and offer drawings
for public perusal. The same shall apply to a
case where he/she changes the plan.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to cases where the Mayor/Do governor
builds any measuring network
pursuant to the provisions of Article 9 (2).
Article 10-2 (Determination of Target Criteria for Water Quality and Aquatic Ecosystems
and Evaluation thereof)
(1) The Minister of Environment shall, when he/she shall determine and publish the target criteria
for
water quality and aquatic ecosystem (hereinafter referred to as "target criteria") by river-system
spheres of influence under Article
22 and by lakes and marsh subject to the survey and measurement
under Article 28 by considering the purposes for using rivers, lakes
and marsh, etc., the current status
of the water quality and aquatic ecosystems, the current status and prospects of the pollutants.
(2) The Minister of Environment shall evaluate each of following matters and make the result thereof
public:
1. Whether the target criteria has been met or not; and
2. In cases where the water pollution of rivers, lakes and marsh, etc., is feared to cause harm to
people or the ecosystem, the evaluation
on such hazard.
(3) The methods and procedures necessary for the determination and publication of target criteria,
the evaluation
of whether the target criteria has been achieved and disclosure of the results thereof,
etc pursuant to paragraphs (1) and (2) shall
be prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article
10-3 (Committee for Deliberation on Policy of Water Quality and Aquatic Ecosystems)
(1) The Committee for Deliberation on Policy
of Water Quality and Aquatic Ecosystems (hereinafter
referred to as the "Committee") shall be established under the Minister of
Environment in order to
deliberate on each of following matters:
1. Matters on long-term and short-term directions for policies for the preservation of water quality
and aquatic ecosystems;
. Water Quality
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399
2. Matters on the management system of water quality and aquatic ecosystems;
3. Priorities for managing river systems, lakes and marshes, etc. and matters on countermeasures
for management;
4. Matters on priorities for investment in public facilities under Article 12;
5. Matters on the measurement and research related to water quality and aquatic ecosystems;
6. Matters on the assessment of status of implementation of policies related to subparagraphs 1 through
5 and the evaluation of performance;
or
7. Other matters related to policies for the preservation of water quality and aquatic ecosystems
prescribed by Presidential Decree.
(2) The Minister of Environment shall be the chairman of the Committee, and the vice-chairman shall
be appointed or commissioned
by the chairman from among the committee members.
(3) The Committee shall be comprised of 20 committee members including one chairman,
one vice-chairman.
(4) Committee members, other than the chairman shall be as follow:
1. The Vice Minister of Strategy and Finance, the Vice Minister for Food, Agriculture, Forestry and
Fisheries, the Vice Minister
of Land, Transport and Maritime Affairs and the Administer of Korea
Forest Service;
2. Three experts related to water quality and aquatic ecosystems commissioned by the Minister of
Environment;
3. Three experts related to water quality and aquatic ecosystems respectively, commissioned by the
Minister of Environment on the
recommendation of the Minister for Food, Agriculture, Forestry
and Fisheries, or the Minister of Land, Transport and Maritime Affairs;
and
4. The representatives of relevant agencies or organizations prescribed by Presidential Decree who
are commissioned by the Minister
of Environment.
(5) Matters necessary for the operation of the Committee shall be prescribed by Presidential Decree.
[This Article Newly Inserted
by Act No. 8466, May 17, 2007]
Article 11 (Relation with Other Acts)
(1) When the Minister of Environment or the Mayor/Do governor decides on and publishes the plan
for building any measuring network
pursuant to the provisions of Article 10, he/she shall be deemed
to have obtained the permission falling under each of the following
subparagraphs: 1. Permission for implementation of river works provided for in Article 30 of the River Act, permission
for occupation and use of
rivers provided for in Article 33 of the same Act, and permission for
use of river water provided for in Article 50 of the same
Act;
2. Permission for any road occupation and use provided for in Article 38 of the Road Act; and
3. Permission for the occupation and use of any public waters provided for in the provisions of Article
5 of the Public Waters Management
Act.
(2) In cases where the permission matters falling under each subparagraph of paragraph (1) are included
in the plan for building
a measuring network provided for in Article 10, the Minister of Environment
or the Mayor/Do governor shall consult thereon with
the heads of relevant agencies before he/she
decides on and publishes the plan for building such measuring network.
Reproduced
from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
400
Article 12 (Installation and Management, etc. of Public Facilities)
(1) The Minister of Environment may, when it is deemed especially
necessary to prevent the occurrence
of water pollution in the public waters, get the Mayor/Do governor and the head of Si/Gun/Gu
(referring
to the head of the autonomous Gu; hereinafter the same shall apply) to install and upgrade sewage
conduits, wastewater
and sewage terminal treatment facilities or waste treatment facilities, etc.
in their respective jurisdictional areas.
(2) The Minister of Environment may, when the quality of the water released by the wastewater
terminal treatment facilities referred
to in the provisions of paragraph (1) exceeds the standards for
the water quality of released water, get anyone who installs and
manages the relevant facilities to
take measures necessary to upgrade his/her facilities.
(3) Water-quality standards for the water
released by the wastewater terminal treatment facilities referred
to in the provisions of paragraph (1) (hereinafter referred to
as "standards for the water quality of released
water") shall be set by Ordinance of the Ministry of Environment after consulting
thereon with
the heads of relevant central administrative agencies and water-quality standards for water released
by sewage terminal
treatment facilities or waste treatment facilities shall be governed by the Sewerage
Act or the Wastes Control Act.
Article 13 (Reflection in National Land Plan)
The Mayor/Do governor or the head of Si/Gun shall, when developing the Do comprehensive plan or
the Si/Gun comprehensive plan according
to the Framework Act on the National Land, reflect the
preventative measures provided for in Article 22 (1) and the plan for installing
sewage terminal treatment
facilities and excreta treatment facilities, etc. in such comprehensive plans under conditions prescribed
by Presidential Decree in order to prevent water pollution of public waters.
Article 14 (Reflection in Basic Urban Planning)
The Special Metropolitan City Mayor, the Metropolitan City Mayor and the head of Si/Gun shall, if
they each develop a basic urban
planning pursuant to the provisions of Article 18 of the National
Land Planning and Utilization Act, reflect the Do comprehensive
plan provided for in Article 13 and
the comprehensive plan for installing sewage terminal treatment facilities and excreta treatment
facilities,
etc. included in the metropolitan development project plan provided for in Article 5 of the Balanced
Regional Development
and Support for Local Small and Medium Enterprises Act in the relevant basic
urban planning.
Article 15 (Prohibition on Release, etc.)
(1) Anyone shall be prohibited from engaging in the activities falling under any of the following
subparagraphs without justifiable
grounds:
1. Leaking, releasing or dumping specific substances harmful to water quality, designated wastes
provided for in the Wastes Control
Act, petroleum products and crude oil (excluding petroleum
gas; hereinafter referred to as "oils") provided for in the Petroleum
and Petroleum Substitute Fuel
Business Act, toxic substances (hereinafter referred to as "toxic substances") provided for in the
Toxic Chemicals Control Act and agrochemicals (hereinafter referred to as "agrochemicals") provided
for in the Agrochemicals Control
Act in the public waters;
2. Dumping excreta, livestock wastewater, the dead bodies of animals, wastes (excluding the designated
wastes provided for in the
Wastes Control Act) or sludge in the public waters;
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3. Washing vehicles in rivers, lakes and marshes; and
4. Seriously polluting any water supply source, any river, any lake and any marsh by flowing or
dumping a large quantity of earth
and sand in the public waters.
(2) In cases where the public waters are polluted or are feared to be polluted by any activities
referred
to in the provisions of paragraph (1) 1 or 2, the actor, any corporation to which the actor belongs
and any business operator
for whom the actor works (hereinafter referred to as "actor, etc.") shall
take measures to prevent pollution and remove pollutants
as prescribed by Ordinance of the Ministry
of Environment, including the removal of the relevant substances (hereinafter referred
to as "prevention
and removal measures").
(4) When anyone who is ordered to take prevention and removal measures pursuant to the provisions
of paragraph (3) fails to take
such prevention and removal measures or prevention and removal measures,
alone, are deemed difficult to prevent water pollution
or remove water pollution, the Mayor/Do governor
may get the head of Si/Gun/Gu to vicariously implement the relevant prevention
and removal measures.
(5) The vicarious implementation of the relevant prevention and removal measures referred to in the
provisions
of paragraph (4) shall be governed by the Administrative Vicarious Execution Act. In such
cases, the order given by the Mayor/Do
governor under the provisions of paragraph (3) shall be deemed
an order issued by the head of Si/Gun/Gu.
Article 16 (Report on Water Pollution Accident)
When anyone who transports and stores oils, toxic substances, agrochemicals or specific substances
harmful to water quality pollutes
the water quality with such substances, he/she shall promptly make
a report thereon to the relevant local environmental administrative
agency or other administrative
agencies, including the Si/Gun/Gu, etc.
Article 17 (Restrictions on Traffic for Preserving Water Quality of Water Supply Sources)
(1) Anyone who drives any vehicle loaded
with substances feared to pollute water supply sources
if and when such vehicle is overturned or plunges into such water supply
sources in an accident
shall be prohibited from driving his/her vehicle on the roads and sections prescribed by Ordinance of
the
Ministry of Environment pursuant to the provisions of paragraph (4) in an area falling under any
of the following subparagraphs
or any other area adjacent to the former:
1. The water supply source protection area;
2. The special countermeasure area;
3. The waterside area designated and published pursuant to the provisions of Article 4 of the Act
on the Improvement of Water Quality
and Support for Residents of the Riverhead of the Han
River System, the provisions of Article 4 of the Act on the Management of
Water and Support
for Residents of the Nakdong River System, the provisions of Article 4 of the Act on the Management
of Water
and Support for Residents of the Gum River System and the provisions of Article 4
of the Management of Water and Support for Residents
of the Yeongsan and Seomjin River Systems;
and
4. The area prescribed by Ordinance of the Ministry of Environment as being feared to seriously
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pollute water supply sources.
(2) The term "substances that are feared to pollute water supply sources" referred to in the body
of paragraph (1) means substances
falling under any of the following subparagraphs:
1. Specific substances harmful to water quality;
2. Designated wastes provided for in subparagraph 4 of Article 2 of the Waste Control Act (limited
to wastes in liquid state and
other wastes prescribed by Ordinance of the Ministry of Environment);
3. Oils;
4. Toxic substances;
5. Agrochemicals and raw materials provided for in subparagraphs 1 and 3 of Article 2 of the Agrochemicals
Control Act;
6. Radioactive isotopes and radioactive wastes provided for in the provisions of subparagraphs 6 and
18 of Article 2 of the Atomic
Energy Act; and
7. Other substances prescribed by Presidential Decree.
(3) The Commissioner General of the National Police Agency shall, when it
is deemed necessary to
restrict the traffic of vehicles pursuant to the provisions of paragraph (1), take measures falling under
any of the following subparagraphs:
1. Installation of signs reading restrictions on vehicle traffic; and
2. Crackdown on vehicles that violate traffic restrictions.
(4) Necessary matters concerning roads and sections on which the vehicle
traffic is prohibited and
vehicles, etc. referred to in the provisions of paragraph (1) shall be prescribed by Ordinance of the
Ministry of Environment after the Minister of Environment consults thereon with the Commissioner
General of the National Police
Agency.
Article 18 (Prevention of Water Pollution Caused by Occupation and Use of Public Waters and Tidal Flat Reclamation)
(1) Any administrative
agency that intends to grant permission or authorization for occupation and
use or tidal flat reclamation of public waters may attach
conditions thereto that are necessary to prevent
the water pollution of public waters.
(2) Necessary matters concerning details of the conditions referred to in paragraph (1) and the methods
of preventing the water
pollution, etc. shall be prescribed by Presidential Decree.
Article 19 (Recommendation, etc. with Respect to Growing Specific Crops)
(1) The Mayor/Do governor may, when it is deemed necessary to preserve the water quality of public
waters, recommend anyone who
grows crops in any river, lake and marsh area to change kinds of
crops and methods of growing crops or to suspend his/her growing
of crops in such area.
(2) The Mayor/Do governor may, under conditions prescribed by Presidential Decree, compensate for
any loss
that the grower suffers by growing the crops or suspending his/her growing of crops on
the recommendation referred to in the provisions
of paragraph (1).
Article 19-2 (Recommendation of Measures for Preservation of Water Quality and Aquatic Ecosystem)
(1) The Minister
of Environment may, when it is found that, as a result of measurements and research,
if any measure would not been taken, water
quality and aquatic ecosystems of rivers, lakes, marshes,
etc. may be affected by serious harm, recommend any person who manages
public waters (referring
to the manager of water surface, river management agency under Article 12 of the River Act, and
the head
of Si/Gun/Gu) to take measures necessary for the preservation of water quality and aquatic
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ecosystems.
(2) The Minister of Environment may partly subsidize expenses incurred in implementing recommendations
pursuant to paragraph (1).
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 19-3 (Purchase and Creation of Riverine Ecological Zones)
(1)
The Minister of Environment may, when he/she deems it is necessary for the preservation of
water quality and aquatic ecosystems,
purchase waterside wetland or waterside land falling under
standards prescribed by Presidential Decree (hereinafter referred to
as "riverine ecological zone") or
manage it by creating ecologically under conditions prescribed by Ordinance of the Ministry of
Environment.
(2) The Mayor/Do governor may, in cases where it is inevitable for the protection of water supply
source located with
his/her jurisdiction and
prescribed by Presidential Decree purchase the riverine ecological zone in compliance with the criteria
under paragraph (1) or manage
it by creating ecologically under conditions prescribed by Ordinance
of the Ministry of Environment.
(3) Land falling under a river area pursuant to Article 2 (1) 2 of the River Act shall be excluded
from land subject to purchase.
(4) The Minister of Environment shall, when he/she intends to purchase land or select land subject
to creation pursuant to paragraph
(1) shall hold prior consultation with the heads of relevant central
administrative agencies and the heads of competent local governments.
(5) Matters necessary for the criteria of selecting land to be subject to purchase, calculation of the
purchase price, methods
of purchase, procedures, etc., with regards to the purchase of land pursuant
to paragraphs (1) and (2) shall be prescribed by Presidential
Decree.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 20 (Restrictions on Acts of Fishing)
(1) The head of Si/Gun/Gu may designate any fishing prohibition area or any fishing-restriction area
taking into account the objectives
of using rivers (excluding national rivers and local rivers under
Article 7 (2) and (3) of the River Act), lakes and marshes as
well as the actual water quality thereof
under conditions prescribed by Presidential Decree. In such cases, the head of Si/Gun/Gu
shall consult
thereon with the relevant water surface manager.
Article 21 (Alert System for Water Pollution)
(1) The Minister of Environment or the Mayor/Do governor may, when water pollution is feared to
cause great damage to using the
water of any river, any lake or any marsh or to seriously harm
the health and property of residents, the raising of animals and
the growth of plants, issue an alert
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404
on the water pollution of such river, lake or marsh.
(2) and (3) Deleted.
pollution within budget limit.
(5) The kinds of alerts issued on water pollution, the objects of alert issuance by kind, the subjects
who issue alerts, water quality
pollutants for issuing alerts, standards for issuing alerts, phases by
which alerts are issued, matters concerning measures by phases
of alert, standards for canceling alerts,
etc. shall be prescribed by Presidential Decree.
(2) The Mayor/Do governor who has accepted a recommendation pursuant to paragraph (1) shall
take recommended measures unless justifiable
grounds exist that make it impossible for him/her to
do so.
(3) Matters regarding the criteria for selecting contaminated rivers, lakes, marshes, etc. subject to
recommendation pursuant to
paragraph (1) and other necessary matters shall be prescribed by Presidential
Decree.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
SECTION 2 Preservation for Water Quality and Aquatic Ecosystems by
River-System Spheres of Influence
Article 22 (Management of Water Quality and Water Ecosystems by River-system Spheres of Influence)
(1) The Minister of Environment
or the head of the local government shall ascertain the current status
of water quality and aquatic ecosystems in accordance with
plans for preserving water quality and
aquatic ecosystems by river-system spheres of influence under Articles 24 through 26 and
take measures
for the proper management.
(2) The Minister of Environment shall classify the river-system spheres of influence under paragraph
(1) into large areas of influence,
medium areas of influence and small areas of influence in compliance
with standards prescribed by Ordinance of the Ministry of Environment
by considering the characteristics
of river basins, including area, topography, etc., and publish them.
[This Article Wholly Amended
by Act No. 8466, May 17, 2007]
Article 23 (Survey of Sources of Pollution)
The Minister of Environment shall regularly survey the kinds of sources of pollution and the quantity
of water-quality pollutants,
etc. by river-system spheres of influence under conditions prescribed by
Ordinance of the Ministry of Environment.
Article 24 (Development of Plans for Preservation of Water Quality and Aquatic Ecosystems in Large Areas of
Influence)
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(1) The Minister of Environment shall develop the basic plan for preserving water quality and aquatic
ecosystems by large areas
of influence (hereinafter referred to as the "plans for large areas of influence")
every 10 years.
1. Trend of water quality and aquatic ecosystems and target criteria;
2. Water supply sources and the current consumption of water;
3. The current distribution of point pollution sources, non-point pollution sources and other water
pollution sources;
4. The current quantity of water-quality pollutants released by point pollution sources, non-point pollution
sources and other water
pollution sources;
5. Measures to prevent and reduce water pollution;
5-2. The direction for implementing the measures for preserving water quality
and aquatic ecosystems;
and
6. Other matters prescribed by Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, when he/she intends
to develop plans for large areas of influence,
consult thereon with the heads of central administrative agencies concerned and the
river system
management committee concerned provided for in the Act on the Improvement of Water Quality and Support
for Residents
of the Riverhead of the Han River System and other Acts. The same shall apply to cases
where the Minister of Environment intends
to change plans for large areas of influence.
(4) The Minister of Environment shall, when he/she develops plans for large areas
of influence, notify
the heads of relevant central administrative agencies and the heads of relevant local governments
thereof.
(5) The Minister of Environment may, in cases where five years have elapsed from the date when
the plans for large areas of influence
has been established or when he/she deems that the plans for
large areas of influence needs to be altered, change the plans for
large areas of influence after conducting
the feasibility study.
(3) The head of Basin Environmental Office or the head of Regional Environmental Office shall, when
he/she develops the plans for
medium areas of influence, notify the Mayor/Do governor concerned
of such fact.
Article 26 (Development of Plans for Preserving Water Quality and Aquatic Ecosystems by Small Areas of Influence)
The head of Si/Gun/Gu
shall develop plans for preserving water quality and water ecosystems in small
areas of influence (hereinafter referred to as the
"plans for small areas of influence") according to plans
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for large areas of influence and plans for medium areas of influence and implement the plans after
obtaining approval therefor from
the Minister of Environment.
(2) The head of Si/Gun/Gu shall conscientiously implement the small area of influence that is developed
by the Minister of Environment.
1. Suspension of or reductions in financial support and other necessary measures; and
2. Restrictions on the installation of wastewater discharge facilities (including any change to such
facilities).
(4) The Minister of Environment shall, when he/she imposes the restrictions pursuant to the provisions
of paragraph (3) 2, publish
the facilities and the area subject to such restrictions.
SECTION 3 Preservation of Water Quality and Aquatic Ecosystem in Lakes
and
Marshes
Article 28 (Regular Surveys and Measurement)
The Minister of Environment and the Mayor/Do governor shall regularly survey and measure the
current consumption of water of lakes
and marshes, the current status of water quality and aquatic
ecosystems, the current distribution of sources of pollution, and the
quantity of water quality pollutants
arising under conditions prescribed by Presidential Decree in order to preserve water quality
and aquatic
ecosystems of lakes and marshes.
Article 30 (Restrictions on Licensing Fish Farming Business)
The heads of relevant administrative agencies shall not grant any license
for a fish farming business
that requires a fish-holding farm in any lake and any marsh for water supply sources from among
fish
farming businesses provided for in Article 6 (1) of the Inland Water Fisheries Act.
Article 31 (Removal and Treatment of Trash in
Lakes and Marshes)
(1) Every water surface manager shall remove trash in lakes and marshes and the head of Si/Gun/Gu
having jurisdiction
over the relevant lakes and marshes shall transport and treat the removed trash.
(2) Every water surface manager and the head of
Si/Gun/Gu shall conclude an agreement on choosing
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407
the main body which transports and treats trash and on sharing costs required to transport and treat
trash referred to in the provisions
of paragraph (1).
(3) Every water surface manager and the head of Si/Gun/Gu may, when they fail to conclude the
agreement referred
to in the provisions of paragraph (2), file an application with the Minister of Environment
for his/ her mediation. In such cases,
when the Minister of Environment mediates differences between
them, the agreement referred to in the provisions of paragraph (2)
shall be deemed concluded.
(4) Necessary matters concerning procedures for filing applications for mediation pursuant to the provisions
of paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment.
CHAPTER CONTROL OF POINT POLLUTION SOURCES
SECTION 1 Regulation of Discharge of Industrial Wastewater
Article 32 (Standards for Permitting Discharge)
(1) The standards for permitting the discharge of water-quality pollutants released by wastewater
discharge facilities (hereinafter
referred to as "discharge facilities") shall be set by Ordinance of the
Ministry of Environment.
(2) The Minister of Environment shall, when he/she sets standards by Ordinance of the Ministry
of Environment pursuant to paragraph
(1), consult thereon with the heads of relevant central
administrative agencies.
(3) The City/Do may, when it is deemed difficult to maintain regional environment standards provided
for in Article 10 (3) of the
Framework Act on Environmental Policy, set standards for permitting
discharge that are more stringent than the standards for permitting
the discharge referred to in the
provisions of paragraph (1) by their respective municipal ordinances: Provided, That this case
shall
be limited to cases where the authority of the Minister of Environment provided for in Articles 33,
37, 39 and 41 through
43 is delegated to the Mayor/Do governor pursuant to the provisions of Article
74 (1).
(4) When standards for permitting the discharge referred to the provisions of paragraph (3) are set
or changed, the Mayor/Do governor
shall promptly make a report thereon to the Minister of Environment
and take measures necessary to make such fact known to persons
interested.
(5) The Minister of Environment may, when deemed necessary to prevent water pollution in special
countermeasure areas,
set standards for permitting discharge that are more stringent than the standards
for permitting discharge referred to in the provisions
of paragraph (1) for the discharge facilities installed
in the relevant special countermeasure area and set special standards for
permitting the discharge
for any discharge facilities that are newly installed in the relevant special countermeasure area.
(6)
In cases where any area is not subject to the application of the standards for permitting the discharge
in the City/Do to which
such standards for permitting the discharge provided for in the municipal
ordinance are applied pursuant to the provisions of paragraph
(3), the standards for permitting the
discharge provided for in the municipal ordinance shall also apply to discharge facilities
already installed
or scheduled to be installed in such area.
(7) The provisions of paragraphs (1) through (6) shall not apply to discharge facilities falling under
any of following subparagraphs:
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408
1. The wastewater non-discharge facilities installed in accordance with the proviso to Article 33
(1) and (2) of the said Article;
or
2. The discharge facilities which do not release wastewater into public waters by reusing the whole
volume of wastewater or treating
it by entrusting it in whole, from among the discharge facilities
prescribed by Ordinance of the Ministry of Environment.
(8) With
respect to the discharge facilities that take the inflow of all of the wastewater through discharge
equipment in wastewater terminal
treatment facilities provided for in Article 48 or the sewage terminal
treatment facilities provided for in subparagraph 5 of Article
2 of the Sewerage Act, the Minister
of Environment may set and publish separate standards for permitting the discharge only for
items
that can be properly treated in the wastewater terminal treatment facilities or the sewage terminal
treatment facilities,
notwithstanding the provisions of paragraph (1).
Article 33 (Permission for and Report on Installation of Discharge Facilities)
(1) Anyone who intends to install discharge facilities shall obtain permission therefor from the Minister
of Environment or make
a report thereon to the Minister of Environment under conditions prescribed
by Presidential Decree: Provided, That anyone who intends
to install the wastewater non-discharge
facilities pursuant to the provisions of paragraph (7) shall obtain permission therefor
from the Minister
of Environment.
(2) In cases where the person who obtains permission pursuant to the provisions of paragraph (1)
intends to change any important
matter prescribed by Presidential Decree from among the permitted
matters, he/she shall obtain permission for such change: Provided,
That when he/she intends to change
any other matter prescribed by Ordinance of the Ministry of Environment or when he/she has changed
matter prescribed by Ordinance of the Ministry of Environment, he/she shall make a report on such
change.
(3) When anyone who makes a report pursuant to the provisions of paragraph (1) intends to change
any matter prescribed by Ordinance
of the Ministry of Environment from among any reported matter
or when he/she has changed any matter prescribed by Ordinance of the
Ministry of Environment,
he/she shall make a report on such change under conditions prescribed by Ordinance of the Ministry
of
Environment.
(5) In cases where the water-quality pollutants released by the discharge facilities that are located
in the upper stream area of
the water supply source protection area, the special countermeasure area
and its upper stream area and the area where the intake
facilities are located and its upper stream
area are feared to make it difficult to maintain environmental standards and seriously
harm the health
and property of residents, the raising of animals and the growth of plants, the Minister of Environment
may place
a restriction on the installation of the discharge facilities (including any change in the discharge
facilities) after hearing the
opinion of the Mayor/Do governor having jurisdiction over the area and
consulting thereon with the heads of relevant central administrative
agencies.
(6) The scope of the area on which the installation of the discharge facilities is restricted pursuant
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to the provisions of paragraph (5) shall be prescribed by Presidential Decree and the Minister of Environment
shall publish the
facilities subject to the restrictions by area.
(7) Even the discharge facilities release specific substances harmful to water quality
that are prescribed
by Ordinance of the Ministry of Environment, such facilities may be installed as wastewater non-discharge
facilities
in any area on which the installation of any discharge facilities are restricted, notwithstanding
the provisions of paragraphs (5)
and (6).
(8) The Minister of Environment shall determine and publish the area on which the installation of
any discharge facilities are restricted,
but the discharge facilities that release specific substances harmful
to water quality may be installed as wastewater non-discharge
facilities pursuant to the provisions
of paragraph (7).
(9) The standards for granting permission or permission for change provided for in paragraphs (1)
and (2) shall be as follows: 1. The pollutants released from the discharge facilities may be treated at a level below the standards
for permitting the discharge
pursuant to Article 32;
2. The provisions regarding the restriction on installing the discharge facilities pursuant to other
Acts and subordinate statutes
shall not be violated; or
3. In cases where wastewater non-discharge facilities are installed, the whole facilities prescribed
by Presidential Decree shall
be installed in compliance with the standards prescribed by Presidential
Decree to prevent wastewater from flowing or discharging
into public waters.
Article 34 (Permission for Installing Wastewater Non-Discharge Facilities)
(1) Anyone who intends to obtain
permission for installing wastewater non-discharge facilities or permission
for changing the same facilities pursuant to the provisions
of the proviso of Article 33 (1) and paragraph
(2) of the same Article shall submit documents, including a plan for installing wastewater
non-discharge
facilities, etc. prescribed by Ordinance of the Ministry of Environment to the Minister of Environment.
(2) The Minister
of Environment shall, upon receiving the application for the permission that is filed
pursuant to the provisions of paragraph (1),
hear opinions of specialized institutions that are prescribed
by Ordinance of the Ministry of Environment about the appropriateness
of wastewater non-discharge
facilities and water pollution prevention facilities that are capable of treating water-quality pollutants
without releasing wastewater.
Article 35 (Installation of Prevention Facilities, Exemption of Installation, and Observance of Exempt, etc.)
(1) Anyone who obtains
permission or permission for any change or makes a report or a report on
any change pursuant to the provisions of Article 33 (1)
through (3) (hereinafter referred to as "business
operator") shall, when he/she installs or changes the relevant discharge facilities,
also install the water
pollution prevention facilities (in cases of the wastewater non-discharge facilities, they refer to the
water pollution prevention facilities capable of treating wastewater without releasing it; hereinafter
the same shall apply) in
order to keep the waterquality pollutants released by the discharge facilities
below the standards for permitting the discharge
provided for in Article 32: Provided, That the same
shall not apply to discharge facilities (excluding the wastewater non-discharge
facilities) that fall
under the standards set by Presidential Decree.
(2) Anyone who uses discharge facilities without installing the water pollution prevention facilities
(hereinafter referred to as
the "prevention facilities") according to the provisions of the proviso of
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paragraph (1) shall observe the matters concerning the management of the discharge facilities prescribed
by Ordinance of the Ministry
of Environment (hereinafter referred to as the "observance matters"),
including the treatment of wastewater and methods of storing
wastewater, etc.
(3) The Minister of Environment may, in cases where a person who installs and operates discharge
facilities without
installing the prevention facilities required under the provisions of the proviso of paragraph
(1) violates the matters to be observed
referred to in paragraph (2), revoke permission or permission
for change provided for in Article 33 (1) through (3) or issue an
order to close down the discharge
facilities, to improve the relevant facilities, in whole or in part, or to suspend the operation
of the
relevant facilities by fixing a period within six months.
(1) In cases where any business operator transfers his/her discharge facilities and the prevention facilities,
dies or corporations
are merged, any transferee, any inheritor, any surviving corporation or any corporation
that is incorporated by the merger shall
succeed the rights and duties of the business operator with
respect to permission or permission for any change and the report or
the report on any change.
(2) Anyone who takes over discharge facilities and prevention facilities of any business operator according
to the auction provided for in the Civil Execution Act, the conversion provided for in the Bankruptcy
Act, the sale of the seized
property provided for in the National Tax Collection Act, the Customs
Act or the Local Tax Act and other procedures corresponding
thereto shall succeed the rights and
duties of the business operator with respect to the permission or changed permission and the
report
or report on any change.
(3) Anyone who leases the discharge facilities and the prevention facilities shall be deemed a business
operator in the application
of the provisions of Articles 38 through 41 or, 42 (excluding the case of
the revocation of any permission), 43, 46, 47 and 68 (1)
1.
Article 37 (Report on Commencement of Operation of Discharge Facilities, etc.)
(1) Any business operator shall, when he/she
intends to operate the relevant discharge facilities and
prevention facilities after completing their installations or changing
the discharge facilities (in cases
where he/she changes discharge facilities after making a report on the change, such change shall
be limited to the changes prescribed by Presidential Decree), make a report on the commencement of
their operation in advance to
the Minister of Environment under conditions prescribed by Ordinance
of the Ministry of Environment. In cases where he/she intends
to change the reported operation
commencement date, he/she shall make a report on such change to the Minister of Environment under
conditions prescribed by Ordinance of the Ministry of Environment.
(2) Any business operator who makes a report on the operation
commencement pursuant to the provisions
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of paragraph (1) shall operate the prevention facilities in order to treat water-quality pollutants released
by discharge facilities
(excluding the wastewater non-discharge facilities) below the standards for
permitting discharge within the period set by Ordinance
of the Ministry of Environment. In such cases,
the provisions of Articles 39 through 40 shall not apply within the period set by
Ordinance of the
Ministry of Environment.
(3) The Minister of Environment shall check on the operational status of the discharge facilities and
the prevention facilities
within the period set by Ordinance of the Ministry of Environment beginning
on the date on which the period referred to in the provisions
of paragraph (2) elapses and get any
testing institution that is prescribed by Ordinance of the Ministry of Environment to test
the level
of pollution after collecting water-quality pollutants.
(4) The Minister of Environment shall inspect the wastewater
non-discharge facilities on which a
report is made on the commencement of its operation pursuant to the provisions of paragraph
(1)
within 10 days from the date on which such report is made whether they are in conformity with
the standards for granting permission
or changed permission provided for in Article 33 (9).
Article 38 (Operation of Discharge Facilities and Prevention Facilities)
(1) Every business operator (excluding any business operator who obtains permission for installing
the wastewater non-discharge
facilities or permission for changing them pursuant to the provisions
of the proviso of Article 33 (1) or paragraph (2) of the same
Article) or anyone (including the representative
of the operational body of the joint prevention facilities provided for in Article
35 (5); hereinafter the
same shall apply) who operates the prevention facilities shall be prohibited from engaging in activities
falling under any of the following subparagraphs:
1. Releasing water-quality pollutants released by discharge facilities without flowing them into the
prevention facilities or installing
any facilities that are capable of releasing water-quality pollutants
released by the discharge facilities without flowing them
into the prevention facilities;
2. Releasing water-quality pollutants that flow into prevention facilities without causing them to go
through the terminal outlet
or installing facilities capable of releasing water-quality pollutants without
getting them to go through the terminal outlet;
3. Treating the water-quality pollutants by mixing water that is not released in the course of processing
the water-quality pollutants
and unpolluted water that is released in the course of processing the
water-quality pollutants or releasing water-quality pollutants
by mixing water in order to lower
the pollution level before water-quality pollutants in excess of the standards for permitting
the
discharge pass the final outlet: Provided, That the same shall not apply to cases where the Minister
of Environment deems it
possible to treat water-quality pollutants only when they are diluted
under conditions prescribed by Ordinance of the Ministry of
Environment and other case that is
prescribed by Ordinance of the Ministry of Environment; and
4. Releasing water-quality pollutants in excess of the standards for permitting the discharge by failing
to normally operate the
discharge facilities and the prevention facilities without justifiable grounds.
(2) Any business operator who obtains permission
for installing the wastewater non-discharge facilities
or permission for changing them pursuant to the provisions of the proviso
of Article 33 (1) or paragraph
(2) of the same Article shall be prohibited from engaging in activities falling under any of the
following
subparagraphs:
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1. Shipping any wastewater released by the wastewater non-discharge facilities out of his/her place
of business or releasing any
wastewater into the public waters or installing facilities that are
capable of releasing the wastewater;
2. Installing facilities that treat or are capable of treating the wastewater released by wastewater
non-discharge facilities by
mixing it with sewage or wastewater released by other discharge facilities;
and
3. In cases where the wastewater released by the wastewater non-discharge facilities is reused, the act
of reusing wastewater in
other discharge facilities without reusing it in the same wastewater
non-discharge facilities or using the wastewater as water for
toilet and gardening or fire fighting,
etc.
(3) Any business operator or anyone who operates prevention facilities shall, when they operate discharge
facilities and such prevention
facilities, record the actual operation of the discharge facilities and the
prevention facilities in the course of such operation
under conditions prescribed by Ordinance of the
Ministry of Environment and keep the records thereof.
(4) Deleted.
Article 38-2 (Equipment of Gauges, etc.)
(1) Every person falling under any of the following subparagraphs shall, with an aim to confirm whether
released water quality pollutants
conforms to the standards for permitting the discharge pursuant to
Article 32, and standards for the quality of released water pursuant
to Article 12 (3) or Article 7
of the Sewerage Act, build devices that measure the amount and quality of something, prescribed
by Presidential Decree including integrating wattmeters, integrating flowmeters, gauges for measuring
the concentration of released
water-quality pollutants (hereinafter referred to as "gauges"):
1. Any person who operates the place of business which releases the wastewater in excess of the
discharge quantity of wastewater
prescribed by Presidential Decree: Provided, That the person
who runs business for which permission for establishment of the wastewater
non-discharge facilities
under the proviso to Article 33 (1) or paragraph (2) of the said Article or permission for change
has
been granted shall be excluded;
2. Any person who operates the prevention facilities (including the joint prevention facilities) with
the capacity for treatment
prescribed by Presidential Decree; or
3. Any person who operates wastewater terminal treatment facilities under Article 48 (1) or the public
sewerage treatment facilities
(hereinafter referred to as the "public sewerage treatment facilities")
under the provisions of subparagraph 9 of Article 2 of the
Sewerage Act with the capacity for
treatment prescribed by Presidential Decree.
(2) The necessary matters regarding the means of equipping gauges that should be attached pursuant
to paragraph (1), the time of
equipment and the equipment of other gauges shall be prescribed by
Presidential Decree.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 38-3 (Prohibited Activities by Person Running Gauge-Manufacturing
Business, etc., Standards for
Operation and Management)
(1) Any person who has equipped gauges in accordance with Article 38-2 (1) (hereinafter referred
to as "person running gauge-manufacturing
business, etc.") shall, when he/she operate gauges, be
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prohibited from performing any of the following subparagraphs:
1. Intentionally defaulting on the operation of gauges, or on normal measurement;
2. Leaving gauges which are not in good working order due to corrosion, abrasion, malfunction or
damage, unattended without justifiable
ground; or
3. Omitting results from measurements or falsely preparing results from measurements.
(2) Each person running gauge-manufacturing
business, etc. shall observe the standards for the operation
and management of gauges prescribed by Ordinance of the Ministry of
Environment in order to maintain
the reliability and the level of accuracy of the results measured by the relevant gauges.
[This
Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 38-4 (Order for Take Measures and for Business Suspension to Person
Running Gauge-Manufacturing
Business, etc.)
(1) The Minister of Environment may order any person running gauge-manufacturing business, etc.
who has failed to observe the standards
for operation and management under Article 38-3 (2) to take
matters necessary for the gauges to be operated and managed in compliance
with the standards by
fixing a period under conditions prescribed by Presidential Decree.
(2) The Minister of Environment may order
any person who defaults on the order to take measures
pursuant to paragraph (1) to suspend the operation in whole or in part of
the relevant discharge facilities,
etc. by fixing a period within six months.
[This Article Newly Inserted by Act No. 8466, May 17, 2007]
Article 38-5 (Technological Support and Exemption from Report and Inspection
for Person Running
Gauge-Manufacturing Business, etc.)
(1) The Minister of Environment may operate a computer network that is connected with gauges
equipped by persons running gauge-manufacturing
business, etc. with which the results from
measurements may be computerized with the aim of the management and analysis of the measurement
data.
(2) The Minister of Environment may provide the technological support, etc. to the person running
gauge-manufacturing business,
etc. on account that the gauges may be normally installed, maintained,
and managed. In such cases, the Minister of Environment may
have the employees of relevant specialized
institutions which are delegated with authorities pursuant to Article 74 (2) enter the
relevant facilities
or place of business of the person running gauge-manufacturing business, etc. and collect necessary
water-quality
pollutants or inspect related documents, facilities, equipment, etc. to properly manage
the gauges.
(3) The employees of the relevant specialized institution who intends to enter and check pursuant
to the latter part of paragraph
(2) shall carry certificates indicating their authority and produce them
to the relevant persons.
(4) The Minister of Environment may relieve the person running gauge-manufacturing business, etc.
from the report or inspection
under Article 68 with regards to the items to be measured by gauges
under conditions prescribed by Presidential Decree.
[This Article
Newly Inserted by Act No. 8466, May 17, 2007]
Article 39 (Improvement Orders for Businesses Discharging in Excess of Permitted Discharge)
The Minister of Environment may, when the level of the water-quality pollutants released by the
discharge facilities (excluding
the wastewater non-discharge facilities) that are in operation after making
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a report thereon pursuant to the provisions of Article 37 (1) is deemed to be in excess of the standards
for permitting the discharge
provided for in the provisions of Article 32, order the relevant business
operator (including the representative of the operational
body of the joint prevention facilities provided
for in Article 35 (5)) to take measures necessary to reduce the level of water-quality
pollutants below
the standards for permitting the discharge (hereinafter referred to as "improvement order") for the
fixed period
under conditions prescribed by Presidential Decree.
Article 40 (Orders Issued to Suspend Operation)
When anyone who receives an improvement order pursuant to the provisions of Article 39 fails to
execute such improvement order or
the level of the waste-quality pollutants continues to be in excess
of the standards for permitting the discharge provided for in
Article 32 even though he/she executes
the improvement order within the fixed period as a result of the check thereof, the Minister
of Environment
may order suspension, in whole or in part, of operation of the relevant discharge facilities.
Article 41 (Discharge
Imposition Amount)
(1) The Minister of Environment shall levy and collect a discharge imposition amount from any business
operator (including anyone
who operates facilities prescribed by Ordinance of the Ministry of Environment
from among wastewater terminal treatment facilities
provided for in Article 48 and public sewage
treatment facilities) who releases water-quality pollutants or anyone who installs
or changes discharge
facilities without obtaining permission therefor and permission for any change or making a report
thereon
or report on any change in order to prevent or reduce damage caused by the water-quality
pollutants to water quality and aquatic
ecosystems. In such cases, the discharge imposition amount
shall be levied according to the classification falling under each case
of the following subparagraphs
and necessary matters concerning calculation methods and standards, etc. shall be determined by
Presidential Decree: 1. Basic discharge imposition amount:
(a) Where the water-quality pollutants from among the wastewater, etc. that is released by
the
discharge facilities (excluding wastewater non-discharge facilities) are released below the standards
for permitting discharge
provided for in Article 32, but are in excess of the standards for water
quality of released water provided for in Article 12 (3);
and
(b) Where water-quality pollutants from among the wastewater released from the wastewater terminal
treatment facilities or
the public sewage treatment facilities exceed the standards for the water
quality of released water provided for in Article 12 (3);
and
2. Excess discharge imposition amount:
(a) Where water-quality pollutants are released in excess of the standards for permitting
discharge
provided for in the provisions of Article 32; and
(b) Where water-quality pollutants are released into public waters
(limited to wastewater non-discharge
facilities).
(2) When the discharge imposition amount is levied pursuant to paragraph (1), the matters falling
under each of the following subparagraphs
shall be taken into account:
1. Whether water-quality pollutants are released in excess of the standards for permitting the discharge;
2. Kinds of water-quality pollutants released;
3. The period during which the water-quality pollutants are released;
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4. The quantity of water-quality pollutants released;
5. Whether the self-measurement provided for in Article 46 is performed; and
6. Other matters concerning the pollution of the water-quality environment and its improvement,
as prescribed by Ordinance of the
Ministry of Environment.
(3) The discharge imposition amount referred to in paragraph (1) shall not be levied on any business
operator
(excluding any business operator who operates the wastewater non-discharge facilities; hereafter
the same shall apply in this paragraph)
who releases water below the standards for water quality
of released water and the imposition amount may be reduced and exempted
for any business operator
who releases the water-quality pollutants that are smaller than the quantity set by Presidential Decree
and any other business operator who bears the cost of treating the water-quality pollutants pursuant
to the provisions of other
Acts. In such cases, the reduction and exemption of the discharge imposition
amount for business operators who bear the cost of
treating water-quality pollutants pursuant to the
provisions of other Acts shall be determined within the amount of the cost of
treating them, which
he/she bears.
(4) When anyone who is liable to pay a discharge imposition amount pursuant to the provisions of
paragraph (1) fails to pay such
amount within the fixed period, the Minister of Environment shall
collect the additional charge from him.
(5) The provisions of Articles 21 and 22 of the National Tax Collection Act shall apply mutatis mutandis
to the additional charges
referred to in the provisions of paragraph (4).
(6) The discharge imposition amount referred to in the provisions of paragraph (1)
and the additional
charge referred to in the provisions of paragraph (4) shall be included as the annual revenue in the
special
account for environment improvement provided for in the Act on the Special Accounts for
Environment Improvement.
(7) In cases where the Minister of Environment delegates his/her authority to collect the discharge
imposition amount and the additional
charge to the Mayor/Do governor in their jurisdictional areas
pursuant to the provisions of Article 74, he/she may pay part of the
discharge imposition amount
and the additional charge collected to the Mayor/Do governor as the collection expenses under conditions
prescribed by Presidential Decree.
(8) In cases where anyone who is liable to pay the discharge imposition amount and the additional
charge fails to pay them within
the deadline, the Minister of Environment or the Mayor/Do governor
who is delegated with the former's authority to collect the discharge
imposition amount pursuant
to the provisions of paragraph (7) shall collect the discharge imposition amount and the additional
charge in question pursuant to precedents on dispositions taken to collect national taxes or local taxes
in arrears.
Article 42 (Revocation of Permission, etc.)
(1) The Minister of Environment may, when any business operator or any person who operates the
prevention facilities falls under
any of the following subparagraphs, revoke permission for installing
discharge facilities or permission for changing them, or issue
an order for the closure of discharge
facilities or for the suspension of operation of his/her discharge facilities for a fixed
period of not
more than 6 months: Provided, That in cases falling under subparagraph 1 he/she shall revoke permission
for installing
the discharge facilities or permission for changing them, or order the closure of discharge
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of Korea
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416
facilities:
1. When he/she is found to have obtained permission or permission for any change under Article
33 (1) through (3) or to have made
a report or made a report on any change by false and illegal
means;
2. When he/she is found to have failed to install a discharge facility or a prevention facility within
five years from the time permission
has been obtained or a report has been made in accordance
with Article 33 (1) without justifiable grounds, or when the destruction
of the discharge facility
or the closure of business has been confirmed;
3. When a person who has installed the wastewater non-discharge facilities in accordance with the
proviso to Article 33 (1) is found
to have operated the discharge facility without installing prevention
facilities;
4. When he/she is found to have failed to obtain permission for change under Article 33 (2);
5. When he/she is found to have installed and operate the discharge facilities in the area on which
the installation of the discharge
facilities is restricted under Article 33 (6) without obtaining permission
for installing discharge facilities (including permission
for change) or filing a report pursuant to
Article 33 (1) through (3);
6. When he/she is found to have installed, operated or altered the discharge facility without installing
the prevention facility
under the main body of Article 35 (1);
7. When a person exempted from installation of the prevention facility pursuant to the proviso to
Article 35 (1) has discharged pollutants
in excess of the standards for permitting the discharge;
8. When he/she is found to have worked without making a report on a start-up of operation or
a report for change pursuant to Article
37 (1);
9. When he/she is found to perform any act falling under any subparagraph of Article 38 (1) or
each subparagraph of paragraph (2)
of the said Article;
10. When he/she is found to have failed to install the gauges under Article 38-2 (1);
11. When he/she is found to perform any act falling under any subparagraph of Article 38-3 (1);
12. When he/she is found to have failed to perform an order to suspend the operation under Article
38-4 (2), 40 or 42;
13. When he/she is found to have failed to perform an order for improvement under Article 39; or
14. When he/she is found to have removed the discharge facilities that he/she has installed and operated
in order to cease running
his/her business of operating the discharge facilities.
(2) The Minister of Environment may, when any business operator or any person
who operates the
prevention facilities falls under any of the following subparagraphs, issue an order for the suspension
of operation
of his/her facilities for a fixed period of not more than 6 months:
1. When he/she is found to have failed to report for change under Article 33 (2) or (3);
2. When he/she is found to have entered false matter in the management recording regarding the
operation of the discharge facility
and the prevention facility under Article 38 (3) or to have failed
to preserve it; or
3. When he/she is found to have failed to appoint an environmental engineer under Article 47, or
have appointed a disqualified environmental
engineer or have employed an environmental engineer
on a part-time basis.
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[This Article Wholly Amended by Act No. 8466, May 17, 2007]
Article 43 (Penalty Surcharge Disposition)
(1) In cases where the Minister of Environment has to order any business operator who installs and
operates the discharge facilities
(excluding the wastewater non-discharge facilities) falling under any
of the following subparagraphs to suspend their operations
under Article 42 and the suspension of
such discharge facilities is deemed feared to seriously disrupt the lives of residents and
the national
economy, including the nation's international credit, employment and prices, etc. as well as the public
interest,
the Minister of Environment may impose a penalty surcharge not exceeding 300 million won
in lieu of the disposition taken to suspend
their operations:
1. The discharge facilities operated by any medical institution provided for in the Medical Service
Act;
2. Facilities and equipment used for power generation in power plants;
3. The discharge facilities in schools provided for in the Elementary and Secondary Education Act
and the Higher Education Act;
4. The discharge facilities used by the manufacturing business; and
5. Other discharge facilities prescribed by Presidential Decree.
(2) In cases where any business operator fails to pay the penalty
surcharge referred to in the provisions
of paragraph (1) by the payment deadline, the Minister of Environment shall collect the
penalty surcharge
in question pursuant to precedents on dispositions taken to collect the national tax in arrears.
(3) The penalty
surcharge collected pursuant to the provisions of paragraph (1) shall be included as
the annual revenue in the special account for
environmental improvement provided for in the Act on
the Special Accounts for Environment Improvement.
(4) The provisions of Article
41 (7) and (8) shall apply mutatis mutandis to the payment of collection
expenses in cases where the Minister of Environment delegates
his/her authority to the Mayor/Do
governor to impose and collect the penalty surcharge pursuant to the provisions of Article 74.
(5) The amount of the penalty surcharge referred to in paragraph (1) determined by categories and
extent, etc. of the act of violation
on which the penalty surcharge is imposed and other necessary
matters shall be prescribed by Ordinance of the Ministry of Environment.
Article 44 (Closure Measures against Illegal Facilities)
With respect to anyone who installs and uses the discharge facilities
without obtaining permission therefor
or making a report thereon required under the provisions of Article 33 (1) through (3), the
Minister
of Environment shall order him/her to suspend using the relevant discharge facilities: Provided, That
in cases where even
if the relevant discharge facilities are improved or the prevention facilities are
installed or improved, the level of water-quality
pollutants released by the relevant discharge facilities
is deemed impossible to be lowered below the standards for permitting the
discharge provided for
in Article 32 (in cases of the wastewater non-discharge facilities, referring to cases where the wastewater
released by the discharge facilities is deemed possible to be released into public waters) or the place
on which the discharge
facilities are installed is a place on which the discharge facilities are prohibited
from being installed pursuant to the provisions
of other Acts, the Minister of Environment shall order
the closure of the relevant discharge facilities.
Article 45 (Report on
Execution of Order and Its Confirmation)
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418
(1) Any person who is issued an improvement order, an operation suspension order, a use suspension
order or a closure order pursuant
to the provisions of Article 38-4 (2), 39, 40, 42 or 44 shall, when
he/she executes such orders, promptly make a report thereon
to the Minister of Environment.
(2) The Minister of Environment shall, upon receiving the report made pursuant to the provisions
of paragraph (1), get public officials
in charge to confirm without delay the execution of such orders
and the completion of the improvement, and if it is deemed necessary
to test the level of pollution,
get the relevant public officials to collect samples and instruct or ask any testing institution
that is
prescribed by Ordinance of the Ministry of Environment to test the level of such pollution.
Article 46 (Measurement of
Water-Quality Pollutants)
Every business operator may measure the water-quality pollutants released by the discharge facilities
and the prevention facilities for himself/ herself, which are operated by him/her and may get any measuring
business agent provided
for in Article 17 of the Development of and Support for Environmental Technology
Act to measure the water-quality pollutants in
order to properly operate his/her discharge facilities
and prevention facilities.
Article 47 (Environmental Engineers)
(1) Each business operator shall appoint environmental engineers and make a report on their appointment
to the Minister of Environment
under conditions prescribed by Presidential Decree in order to ensure
the normal operation and management of his/her discharge facilities
and prevention facilities. The same
shall apply to cases where the business operator appoints any new environmental engineer after
replacing
any environmental engineer.
(2) Every environmental engineer shall guide and oversee persons who work in the discharge facilities
and the prevention facilities
in order to prevent the latter from violating this Act and any order issued
under this Act and manage the discharge facilities and
the prevention facilities in order to ensure
their normal operation.
(3) Every business operator shall oversee management performed by environmental engineers pursuant
to the provisions of paragraph
(2).
(4) No business operator nor any person who works in discharge facilities and prevention facilities
shall obstruct the work of environmental
engineers in order to ensure the normal operation and management
of such discharge facilities and such prevention facilities. When
they shall, upon receiving any request
from the environmental engineers for their cooperation with the latter in performing the
work, comply
with the request unless justifiable grounds exist that prevent them from doing so.
(5) The scope of business places
that need to appoint environmental engineers pursuant to the provisions
of paragraph (1) and the qualifying standards for environmental
engineers shall be prescribed by Presidential
Decree.
SECTION 2 Wastewater Terminal Treatment Facilities
Article 48 (Installation of Wastewater Terminal Treatment Facilities)
(1) The
State, local governments and the Environmental Management Corporation under the Environmental
Management Corporation Act may, in
order to jointly treat water-quality pollutants released by places
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1. Water Quality and Ecosystem Conservation Act
419
of business located in areas deemed difficult to maintain environmental standards due to the worsening
of water pollution or are
deemed necessary to preserve the water quality and then discharge into
public waters, install and operate the wastewater terminal
treatment facilities (hereinafter referred to
as the "the terminal treatment facilities"), and the State and local governments may
have a person
falling under any of the following subparagraphs install and operate terminal treatment facilities. In
such cases,
business operators concerned and anyone who directly gives rise to the cause of the water
pollution (hereinafter referred to as
"causing person") shall bear, in whole or in part, the expenses
required for the installment and operation of the terminal treatment
facilities:
1. The Environmental Management Corporation under the Environmental Management Corporation
Act and the corporation invested by Environmental
Management Corporation in accordance with
Article 17-4 of the said Act;
2. The executor of the project for industrial sites development under the provisions of Article 16
(1) (excluding subparagraphs 5
and 6) of the Industrial Sites and Development Act;
3. The executor of projects under the provisions of subparagraph 7 of Article 2 of the Act on Private
Participation in Infrastructure;
or
4. Any person prescribed by Presidential Decree, who is able to establish and operate terminal treatment
facilities and corresponds
to a person who falls under any of subparagraphs 1 through 3.
(2) The kinds of terminal treatment facilities pursuant to paragraph
(1) shall be prescribed by Presidential
Decree.
Article 48-2 (Imposition and Collection of Charges for Installment and Operation of Terminal Treatment
Facilities)
(1) Any person who installs and operates terminal treatment facilities (hereinafter referred to as "executor")
in accordance with
the provisions of Article 48 may impose and collect the charges for installment
and operation of the terminal treatment facilities
(hereinafter referred to as "charges for the terminal
treatment facilities") from the causing person in order to finance, in whole
or in part, the expenses
required for such project.
(2) The total charges for the terminal treatment facilities under the provisions of paragraph (1) shall
not exceed the amount reimbursed
by the executor with regards to the implementation of the relevant
project.
(3) The charges for the terminal treatment facilities to be imposed on the causing person shall be
determined based on the kind
and the scale of business run by the causing person and the level of
pollutants being discharged.
(4) The State and local governments may provide tax preferences or financial support with the aim
to avoid the slowing of productivity
and the weakening of investment incentives of small and medium
businesses as a result of the increased expenses under this Act.
(5) The methods of calculating charges for terminal treatment facilities under the provisions of paragraphs
(1) through (3), the
methods for imposing and collecting the same, the procedures, and other necessary
matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 49 (Master Plan for Terminal Treatment Facilities)
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from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
420
(1) The Minister of Environment shall, when he/she intends to install the terminal treatment facilities
(including making change
thereto) pursuant to the provisions of Article 48 (1), develop a master plan
therefor.
(2) The executor (excluding the Minister of Environment; hereinafter the same shall apply in Article
49-2 (2) and (4)) shall, in
cases where he/she intends to install terminal treatment facilities (including
making change thereto) in accordance with the provisions
of Article 48 (1), develop a master plan
for terminal treatment facilities and then obtain approval therefor from the Minister of
Environment
under conditions prescribed by Presidential Decree. The same shall apply to cases where he/she intends
to change important
matters prescribed by Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, when he/she develops or grants approval (including approval
for change; hereinafter the same
shall apply in this Article) for the master plan for terminal treatment
facilities pursuant to the provisions of paragraphs (1)
and (2), designate the area (hereinafter referred
to as the "joint treatment area") in which wastewater can be treated through terminal
treatment facilities,
develop a master plan for terminal treatment facilities in which the designation of the joint treatment
area
to be included, publish approved contents, and submit a copy of the master plan for the terminal
treatment facilities to the head
of Si/Gun/Gu (referring to the head of the autonomous Gu; hereinafter
the same shall apply) who has jurisdiction over the relevant
scheduled project area.
(4) The head of Si/Gun/Gu who has received the master plan for the terminal treatment facilities
pursuant to the provisions of paragraph
(3) shall immediately offer such plan for the perusal of interested
person.
(1) In cases where the Minister of Environment develops a master plan in accordance with Article
49 (1), he/she shall establish
a plan regarding the funding for expenses required for the relevant project
(hereinafter referred to as "expense funding plan")
as prescribed by Presidential Decree and then notify
the causing person thereof.
(2) When the executor has obtained approval for a master plan for terminal treatment facilities pursuant
to provisions of Article
49 (2), he/she shall develop an expense funding plan as prescribed by Presidential
Decree and then obtain approval therefor from
the Minister of Environment. The same shall apply
to cases where he/she makes changes to the plan.
(3) In cases where the Minister of Environment grants approval of or approval for change of an expense
funding plan pursuant to
paragraph (2), he/she shall prescribe an implementation period for the relevant
project.
(4) When the executor has obtained approval of, or approval for change of an expense funding plan,
he/she shall notify the causing
person thereof.
[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 49-3 (Succession of Rights and Duties)
Every person who has acquired by transfer any plant or place of business which is subject to the
imposition of charges for terminal
treatment facilities shall succeed the rights and duties regarding
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421
the charges for the terminal treatment facilities incurred to the transferee under this Act before the
time of relevant transfer,
unless a special contract has been concluded between interested parties,
otherwise.
[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 49-4 (Expropriation and Use)
(1) The executor may expropriate or use land and buildings necessary for installing the terminal treatment
facilities or articles
affixed to such land as well as rights other than the ownership of the land, the
buildings and the articles.
(2) The Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall
apply to the expropriation or
use referred to in paragraph (1) except as otherwise especially provided
for in this Act.
(3) In applying Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor
in accordance with paragraph
(2), approval of or approval for change of the master plan for terminal
treatment facilities under Article 49 shall be deemed the
project approval under Article 20 (1) of the
said Act and the application for an abjudication shall, not withstanding the provisions
of Articles 23
(1) and 28 (1) of the said Act, be filed within the implementation period prescribed at the time of
approval or
approval for change of the expense funding plan in accordance with the provisions of
Article 49-2.
[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 49-5 (Payment of Charges for Terminal Treatment Facilities)
Charges for terminal treatment facilities (limited to cases where the executor is the State) shall become
the revenue of the special
accounts for environmental improvement under the Act on Special Accounts
for Environmental Improvement: Provided, That when the
State implement the project of installing
and operating the terminal treatment facilities by entrusting it in accordance with Article
48 (1), the
same shall not apply and, the collected charges for the terminal treatment facilities shall be delivered
to the trustee.
[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 49-6 ((Forced Collection)
(1) The executor shall, in cases where a person who is liable to pay the charges for the terminal
treatment facilities has failed
to pay them within the payment deadline, issue a notice of arrears by
prescribing a period not shorter than 10 days. In such cases,
the additional dues equivalent to 5/100
of the charges shall be added on the charges for the terminal treatment facilities in arrears.
(2) In cases where any person who is served a notice of arrears has failed to pay the charges within
the period in accordance with
paragraph (1), they may be collected pursuant to precedents on dispositions
taken to collect national or local taxes in arrears.
In such cases, if the executor is a person falling
under any of subparagraphs of Article 48 (1) (hereinafter referred to as the
"Environmental Management
Corporation, etc."), prior approval from the Minister of Environment shall be secured.
(3) The Environmental
Management Corporation, etc. may delegate the business of collection of the
charges under paragraph (2) to the head of Si/Gun/Gu
as prescribed by Presidential Decree, and the
head of Si/Gun/ Gu entrusted with such business shall collect the charges pursuant
to precedents
on dispositions taken to collect local taxes in arrears. In such cases, the Environmental Management
Corporation,
etc. shall deliver a part of collected amount as the expenses for collection under conditions
prescribed by Presidential Decree.
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[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 49-7 (Report, etc.)
The executor may, in cases where it is necessary for the establishment of a basic plan under Article
49 and the expense funding
plan under Article 49-2, demand the causing person located within a joint
treatment area to submit a necessary report or data. In
such cases, the causing person shall comply
with the request unless justifiable grounds exist that make it impossible for him/her
to do so.
[This Article Newly Inserted by Act No. 8209, Jan. 3, 2007]
Article 50 (Operation and Management, etc. of Terminal Treatment
Facilities)
(1) Anyone who operates terminal treatment facilities shall be prohibited from engaging in activities
falling under
any of the following subparagraphs:
1. Releasing water-quality pollutants that flow into the drainage facilities provided for in Article 51
(1) instead of flowing them
into the terminal treatment facilities without justifiable grounds, or
installing facilities that are capable of releasing water-quality
pollutants instead of flowing them
into the terminal treatment facilities;
2. Releasing water-quality pollutants that flow into the terminal treatment facilities without getting
them to go through the final
outlet, or installing facilities that are capable of releasing water-quality
pollutants without getting them to go through the final
outlet; and
3. Treating water-quality pollutants that flow into the terminal treatment facilities by mixing unpolluted
water, and releasing water-quality
pollutants by mixing them with water in order to lower the
pollution level before water-quality pollutants that exceed the standards
for the water quality of
released water provided for in Article 12 (3) pass the final outlet.
(2) Anyone who operates terminal
treatment facilities shall operate them properly according to the
maintenance and management standards that are set by Ordinance
of the Ministry of Environment.
(3) The Minister of Environment may, when the terminal treatment facilities are not operated and
managed in conformity with the standards referred to in the provisions of paragraph (2), order anyone
who operates the relevant
facilities to take necessary measures to improve the facilities for the fixed
period under conditions prescribed by Presidential
Decree.
Article 51 (Installation and Management of Drainage Facilities)
(1) Anyone who intends to install drainage facilities in
a joint treatment area pursuant to the provisions
of Article 49 (3) and any person who is designated by Presidential Decree from
among those who
intend to release wastewater shall flow the wastewater that is released by the relevant place of business
into
the terminal treatment facilities and also install the drainage facilities and drainage conduits, etc.
necessary therefor.
SECTION 3 Control of Living Sewage and Livestock Wastewater
Article 52 (Control of Living Sewage and Livestock Wastewater)
The
control of the living sewage and livestock wastewater shall be governed by the Act on the Disposal
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of Sewage, Excreta and Livestock Wastewater and the Sewage Act.
CHAPTER CONTROL OF NON-POINT POLLUTION SOURCES
Article 53 (Report on Installation of Non-point Pollution Sources, Matters for Observance and Orders for Improvement,
etc.)
(1) Any person falling under any of the following subparagraphs shall report to the Minister of Environment
as prescribed by Ordinance
of the Ministry of Environment. The same shall apply to cases where
he/she intends to change any matters prescribed by Presidential
Decree from among reported matters.
1. Anyone who intends to undertake a project aimed at developing any city and building any industrial
complex the scale of which
exceed the scale determined by Presidential Decree and other project
that induces pollution by non-point pollutants, which is prescribed
by Presidential Decree;
2. A place of business, the scale of which exceeds the scale determined by Presidential Decree, in
which iron-making facilities,
fiber-dyeing facilities and other wastewater discharge facilities prescribed
by Presidential Decree are installed; or
3. Any person who falls under subparagraph 1 or 2 because an incident prescribed by Presidential
Decree, such as the resumption of
business or the enlargement of place of business, etc. has occurred.
(2) In cases where a report or a report on change has been
filed in accordance with paragraph (1),
the documents prescribed by Ordinance of the Ministry of Environment, including the reduction
plan
for non-point pollution including the plan for establishing the reduction facilities for non-point pollution,
etc. shall be
submitted. 1. Cases where the level of pollution of the rainfall outflow water released from places of business
falling under paragraph (1)
2 or 3 falls always short of the standards for permitting the discharge
and are recognized by the Minister of Environment as prescribed
by Presidential Decree; or
2. Cases where rainfall outflow water is treated by flowing it into buffer underflow facilities provided
for Article 18 of the Act
on the Management of Water and Support for Residents of the Nakdong
River System.
(4) In cases where the businessman of report on installment of non-point pollution source intends
to run business or install and
operate facilities, he/she shall observe matters falling under any of the
following subparagraphs.: 1. He/she shall execute the contents of the reduction plan for non-point pollution;
2. He/she shall operate the reduction facilities for non-point pollution as prescribed by Ordinance
of the Ministry of Environment,
including the maintenance in compliance with the standards for
installment under paragraph (3); or
3. Other matters prescribed by Ordinance of the Ministry of Environment in order to properly manage
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non-point pollutants.
(5) The Minister of Environment may issue an order for a person who has failed to observe matters
under paragraph (4) to implement
the reduction plan for non-point pollution or to install or improve
reduction facilities for non-point pollution by prescribing
a period as determined by Presidential Decree.
(6) The Minister of Environment may, when he/she intends to grant accreditation to any place of
business which is to be exempted
from the review on the reduction plan for non-point pollution pursuant
to paragraph (2) or the installment of reduction facilities
for non-point pollution pursuant to paragraph
(3) 1, hear the opinions from related specialized agency determined by Ordinance of
the Ministry of
Environment regarding the appropriateness thereof.
Article 54 (Designation of Control Area, etc.)
(1) With respect to any area that seriously impede or is feared to seriously impede the objectives
of using rivers, lakes and marshes,
the health and properties of residents as well as the natural ecosystem
due to the rainfall outflow water released by non-point
pollution sources, the Minister of Environment
may designate the area as the control area of non-point pollution sources (hereinafter
referred to as
"control area") after consulting thereon with the Mayor/Do governor having jurisdiction over the area.
(2) With
respect to any area that is in need of the control of non-point pollution sources from among
the jurisdictional areas of the Mayor/Do
governor, the Mayor/Do governor may request the Minister
of Environment to designate such area as the control area.
(3) When the
grounds of designating the control area are no longer existent, it is impossible to attain
the objectives of its designation, or
it is deemed necessary to cancel the designation of the control area,
the Minister of Environment may cancel the designation of
the whole or part of such control area.
(4) Standards for designating such control areas, procedures for designating control areas
and other
necessary matters shall be prescribed by Presidential Decree.
(5) The Minister of Environment shall, when he/she designates
any control area or cancels his/her
designation of any control area, publish the location of the control area, the area thereof,
the date
of his/her designation thereof, the objective of designating it, the date of his/her cancellation thereof,
the grounds
of cancelling his/her designation thereof and other matters that are prescribed by Ordinance
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of the Ministry of Environment.
Article 55 (Development of Control Measures)
(1) The Minister of Environment shall, when he/she designates and publishes any control area, develop
the control measures for non-point
pollution sources, including the following matters (hereinafter referred
to as "control measures") after consulting thereon with
the heads of central administrative agencies
concerned and the Mayor/Do governor:
1. Control goals;
2. Categories and quantity of water-quality pollutants subject to control;
3. Prevention of water-quality pollutants subject to control and ways to reduce them; and
4. Other matters that are prescribed by Ordinance of the Ministry of Environment as being necessary
to properly manage control areas.
(2) The Minister of Environment shall, when he/she develops control measures, inform the Mayor/Do
governor of their development.
(3) The Minister of Environment may ask the heads of relevant central administrative agencies, the
Mayor/Do governor and the heads
of institutions or organizations concerned to submit material necessary
to develop such control measures.
Article 56 (Development of Implementation Plan)
(1) The Mayor/Do governor shall, when he/she is informed of control measures by the Minister of
Environment pursuant to the provisions
of Article 55 (2), develop a plan to implement the control
measures (hereinafter referred to as "implementation plan") that includes
the following matters and implement
the plan after obtaining approval therefor from the Minister of Environment under conditions
prescribed
by Ordinance of the Ministry of Environment. The same shall apply to cases where the Mayor/Do
governor intends to change
the matters that are prescribed by Ordinance of the Ministry of Environment
from among the implementation plan:
1. The current development and the development plan of the control area;
2. The current occurrence of water-quality pollutants in the control area and any change in their
quantity that is expected to occur
on the grounds of the community development plan;
3. The prevention of the occurrence of water-quality pollutants, such as the environment-friendly
development;
4. The plan to cut back on water-quality pollutants, including the installation and operation of the
prevention facilities and the
reduction of impermeable layer area; and
5. Other matters that are prescribed by Ordinance of the Ministry of Environment as being necessary
to implement control measures.
(2) The Mayor/Do governor shall prepare a report on the assessment of the records of the implementation
plan in the preceding year
under conditions prescribed by Ordinance of the Ministry of Environment
and submit the report to the Minister of Environment by
the end of March every year.
(3) The Minister of Environment may, if he/she deems it necessary to smoothly take the control measures
and perform the implementation plan after examining the assessment report submitted pursuant to
the provisions of paragraph (2),
ask the Mayor/Do governor to supplement or change the implementation
plan. In such cases, the Mayor/Do governor concerned shall
comply with the request of the Minister
of Environment unless special grounds exist that prevent him/her from doing so.
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(4) The Minister of Environment may, if the Mayor/Do governor fails to comply with the request
referred to in the provisions of
paragraph (3), take measures to suspend or cut financial support, etc.
Article 57 (Subsidies from Budget)
The Minister of Environment may wholly or partly subsidize costs needed to develop the implementation
plan and implement the plan
within budget limits.
Article 58 (Standards for Permitting Agrochemical Residuals)
(1) The Minister of Environment may, when it
is deemed necessary to prevent water quality or soil
from being polluted, set standards for permitting the agrochemical residuals
of water quality or soil.
(2) The Minister of Environment may, when agrochemical residuals in water quality and soil actually
are,
or are feared to, be in excess of the standards referred to in the provisions of paragraph (1),
request the heads of relevant administrative
agencies to take measures necessary to prohibit or change
manufacturing such agrochemicals or collect and dispose of them, etc.
In such cases, the heads of
administrative agencies concerned shall comply with the request unless special grounds exist that
make
it impossible for them to do so.
Article 59 (Recommendation with Respect to Tilling Methods in High Cropland)
(1) The Mayor/Do governor may recommend anyone who
tills croplands, the degree of slope of which
is steeper than the degree of slope prescribed by Ordinance of the Ministry of Environment
from
among the croplands located in areas at an altitude above sea level, which is prescribed by Ordinance
of the Ministry of Environment
to change growing methods, cut back on the quantity of agrochemicals
and fertilizer used and suspend his/her growing of crops.
(2) The Minister of Environment may pay compensation for any loss that is incurred to any farmer
who grows crops or suspends the
growing of crops on the recommendation referred to in the provisions
of paragraph (1).
CHAPTER CONTROL OF WATER POLLUTION SOURCES
Article 60 (Report on Creation of Water Pollution Sources, etc.)
(1) Anyone who intends to create and control water pollution sources
shall make a report thereon
to the Minister of Environment under conditions prescribed by Ordinance of the Ministry of Environment.
The same shall apply to cases where he/she intends to change any reported matter.
(2) Anyone who creates and controls water pollution
sources shall install facilities and take measures
necessary to prevent and curb the release of water-quality pollutants under conditions
prescribed by
Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, when it is deemed inappropriate for the facilities to be installed
and measures are taken
to curb the release of water-quality pollutants under paragraph (2), order
anyone who installs the facilities to take measures to
improve them for the fixed period under conditions
prescribed by Ordinance of the Ministry of Environment.
(4) The Minister of
Environment may, when anyone who makes a he report pursuant to the provisions
of paragraph (1) violates an improvement order referred
to in paragraph (3), order the operation of
the facilities suspended or the relevant water pollution sources closed.
(5) The provisions
of Articles 36 and 44 shall apply mutatis mutandis to water pollution sources.
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Article 61 (Restrictions on Use of Agrochemicals on Golf Courses)
(1) Anyone who opens and operates his/her golf course shall be
prohibited from using agrochemicals
that are prescribed by Presidential Decree as being fatally or highly poisonous (hereinafter
referred
to as "fatally or highly poisonous agrochemicals") for the lawns and trees of his/her golf course from
among agrochemicals
provided for in subparagraph 1 of Article 2 of the Agrochemicals Control Act:
Provided, That the same shall not apply to cases where
the head of competent administrative agency
deems it inevitable to control harmful insects and infectious diseases of trees.
(2)
The Minister of Environment shall confirm whether fatally or highly poisonous agrochemicals are
used on golf courses under conditions
prescribed by Ordinance of the Ministry of Environment.
CHAPTER WASTEWATER TREATMENT BUSINESS
Article 62 (Registration of Wastewater Treatment Business)
(1) Anyone who intends to run the business of treating wastewater on
commission (hereinafter referred
to as "wastewater treatment business") shall have his/her wastewater treatment business registered
with the Minister of Environment after securing technical capability, facilities and equipment under
conditions prescribed by Ordinance
of the Ministry of Environment. The same shall apply to cases where
he/she changes any important matters prescribed by Ordinance
of the Ministry of Environment from
among the registered matters.
(2) Each wastewater treatment business operator shall observe the following matters:
1. He/She is required to receive a commission to treat wastewater, taking into account the capacity
and possibility of treating the
wastewater;
2. He/She is required to always maintain and check on his/her technical capacity, facility and equipment,
etc. under paragraph (1)
in order to keep the wastewater treatment business properly operational;
2-2. He/She must not install or operate the facilities
which fall short of the capacity or the volume
for treatment prescribed by Ordinance of the Ministry of Environment; or
3. He/She is required to observe the matters that are prescribed by Ordinance of the Ministry of
Environment in order to ensure the
proper treatment of the commissioned wastewater.
Article 63 (Grounds of Disqualification)
Anyone who falls under any of the following subparagraphs shall be prohibited from registering his/her
wastewater treatment business:
1. One who is incompetent or quasi-incompetent;
2. One who has yet to be reinstated after having been declared bankrupt;
3. One for whom 2 years have yet to pass after the registration of his/her wastewater treatment
business has been revoked pursuant
to the provisions of Article 64;
4. One who has actually been sentenced to punishment of imprisonment with prison labor for violating
this Act, the Clean Air Conservation
Act or the Noise and Vibration Control Act and for whom
2 years have yet to pass from the date on which the execution of the sentence
was terminated
or the exemption of the sentence was made definite; and
5. A corporation that has any officer on its payroll who falls under any of subparagraphs 1 through
4 from among its officers.
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Article 64 (Revocation of Registration, etc.)
(1) In cases where any wastewater treatment business operator falls under any case of the following
subparagraphs, the Minister
of Environment shall revoke the registration of wastewater treatment
business:
1. Where he/she falls under any subparagraphs of Article 63: Provided, That the same shall not
apply to cases where any person falling
under subparagraph 5 of Article 63 works for a corporation
as an executive and he/she is replaced within 6 months from the date
on which he/she is found
to fall under such provision;
2. Where he/she has registered by false or illegal means;
3. Where he/she fails to commence the business within 2 years from the date on which he/she has
complete the registration or has
had no business results at all for a period of not less than 2
consecutive years; or
4. Where he/she is unable to maintain the technical capacity, the facility, and the criteria for equipment
under the former part
of Article 62 (1) due to the expiration of designation period of the sea area
for discharge under the Prevention of Marine Pollution
Act or the revocation of discharge business
of waste into the sea.
(2) In cases where any wastewater treatment business operator falls under any case of the following
subparagraphs, the Minister
of Environment may revoke his/her registration or order him/her to suspend
the business by fixing a period of not more than 6 months:
1. Where he/she lends the registration certificate to any other person;
2. Where he/she has been subject to a disposition taken to suspend the business on not less than
two occasions in a year;
3. Where he/she unconscientiously performs his/her wastewater treatment business deliberately or
by negligence; or
4. Where he/she has engaged in the business activity during he/she is under the disposition for suspending
the business.
(3) In cases where any wastewater treatment business operator falls under any case of the following
subparagraphs, the Minister
of Environment may order him/her to suspend the business by fixing
a period for not more than 6 months:
1. Cases of the change registration pursuant to the latter part of Article 62 (1);
2. Where he/she has failed to perform the observance matters under Article 62 (2); or
3. Cases where impeding a technician who works in the wastewater treatment business from participating
in the training under Article
67 without justifiable grounds.
[This Article Wholly Amended by Act No. 8466, May 17, 2007]
Article 65 (Succession of Rights and
Duties)
(1) When any wastewater treatment business operator transfers his/her business, dies or corporations
are merged, any transferee,
any inheritor, any surviving corporation or any corporation that is incorporated
by the
merger shall succeed the right and duty of the previous wastewater treatment business operator, which
are provided for in this Act.
In such cases, the transferee, the inheritor or the corporation that falls
under any of subparagraphs 1 through 4 of Article 63
may transfer his/her or its business to any
other person or any other corporation within 3 months.
(2) Anyone who takes over the
facilities of the wastewater treatment business according to the auction
provided for in the Civil Execution Act, the conversion
provided for in the Bankruptcy Act, the sale
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of seized property provided for in the National Tax Collection Act, the Customs Act or the Local
Tax Act and other procedures corresponding
thereto shall succeed the right and duty of the previous
wastewater treatment business operator: Provided, That the same shall not
apply to cases where
the person who takes over the facilities of a wastewater treatment business falls under any subparagraph
of
Article 63.
Article 66 (Penalty Surcharge Disposition)
(1) In cases where the Minister of Environment has to order anyone who has registered his/her wastewater
treatment business according
to the provisions of Article 62 (1) to suspend his/her business pursuant
to the provisions of Article 64 and the suspension of his/her
business is deemed feared to seriously
disrupt the lives of residents and undermine the public interest, the Minister of Environment
may impose
a penalty surcharge not exceeding 200 million won in lieu of the disposition taken to suspend his/her
business: Provided,
That the same shall not apply to cases where he/she falls under the provisions
of subparagraphs 1 through 3 of Article 64 (2).
CHAPTER SUPPLEMENTARY PROVISIONS
Article 67 (Training for Environmental Engineers, etc.)
(1) Anyone who employs technicians or environmental engineers engaged in
the wastewater treatment
business shall get them to undergo training conducted by the Minister of Environment and the Mayor/Do
governor under conditions prescribed by Ordinance of the Ministry of Environment.
(2) The Minister of Environment and the Mayor/Do
governor may collect expenses incurred in the
training referred to in paragraph (1) from the employers of such trainees under conditions
prescribed
by Ordinance of the Ministry of Environment.
Article 68 (Report and Check, etc.)
(1) The Minister of Environment or the Mayor/Do governor may, in cases where the Ordinance of
the Ministry of Environment prescribes,
order anyone falling under any of the following subparagraphs
to make a necessary report or get him/her to submit material or have
the relevant public officials
enter the relevant facilities or relevant place of business, etc. in order to collect water-quality
pollutants
and check relevant documents, facilities and equipment, etc. for the purpose of confirming whether
they meet the standards
for water quality of released water provided for in Article 12 (3), standards
for permitting discharge provided for in Article 32,
standards for permission or permission for any
change provided for in Article 33, the normal operation of gauges provided for in
Article 38-2 or matters
for observance provided for in Article 53 (4): 1. Any business operator;
2. Any person who installs and operates terminal treatment facilities (including facilities prescribed
by Ordinance of the Ministry
of Environment from among the public sewage treatment facilities);
3. Any person who falls under the provisions of Article 53 (1);
4. Any person who makes a report on the water pollution sources provided for in the provisions
of Article 60;
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5. Any person who runs a business of treating wastewater provided for in Article 62 (1); and
6. Any person who is commissioned to perform the work of the Minister of Environment or the
Mayor/Do governor pursuant to the provisions
of Article 74 (2).
(2) The Minister of Environment shall, when he/she collects water-quality pollutants in order to confirm
whether
to meet the standards for permitting the discharge and the standards for the water quality
of released water or whether water-quality
pollutants are released from the wastewater non-discharge
facilities, commission any testing institution that is prescribed by Ordinance
of the Ministry of Environment
to test the level of pollution: Provided, That the same shall not apply to cases where it can be
judged
whether the water-quality pollutants prescribed by Ordinance of the Ministry of Environment are in
excess of the standards
for permitting the discharge or the standards for the water quality of released
water on the site.
(3) The public officials who are tasked to enter and check pursuant to the provisions of paragraph
(1) shall carry certificates
indicated their authority and produce them to relevant persons.
Article 69 (Subsidies from National Treasury)
The State may provide local governments with subsidies used to cover costs necessary for projects
undertaken to preserve water quality
within budget limits.
Article 70 (Cooperation by Relevant Institutions)
The Minister of Environment may, when deemed necessary
to fulfill the objectives of this Act, ask
the heads of relevant institutions to take the measures falling under any of the following
subparagraphs.
In such cases, the heads of relevant institutions shall comply with the request unless special grounds
exist that
make it impossible for them to do so:
1. Improvements in the methods of preventing and exterminating noxious insects;
2. Regulation of the use of agrochemicals and fertilizer;
3. Regulation of the use of farming water;
4. The designation of green, scenic and vacant areas;
5. The installation of wastewater or sewage treatment facilities;
6. The dredging of public waters;
7. The revocation of permission for occupying and using any river, the suspension of or the change
in any river work or the relocation
or removal of any installations;
8. The revocation of permission for occupying and using a public water surface, the suspension of
or restrictions on the use of a
public water surface or the reinstallation or removal of facilities,
etc.;
9. Measures taken to prevent water quality from being polluted in oil pipelines, oil storage facilities,
agrochemical storage facilities
and other facilities that are all feared to pollute water and the
submission of material concerning current facilities; and
10. Other matters prescribed by Presidential Decree.
Article 71 (Standards for Taking Administrative Dispositions)
Standards for
taking administrative disposition against violations of this Act or any order given by
this Act shall be set by Ordinance of the
Ministry of Environment.
Article 72 (Hearing)
The Minister of Environment shall, when he/she intends to take a disposition falling under any of
the following subparagraphs, hold
a hearing thereon:
1. Revocation of permission or an order given to shut down any discharge facilities pursuant to the
provisions of Article 35 (3),
42 or 44;
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2. An order given to close water pollution sources pursuant to the provisions of Article 60 (4); and
3. Revocation of registration pursuant to the provisions of Article 64.
Article 73 (Fees)
Anyone who intends to obtain the permission, etc. or make a report, etc. which falls under any of
the following subparagraphs, shall
pay fees under conditions prescribed by Ordinance of the Ministry
of Environment:
1. Permission or permission for any change or the report or the report on any change for the discharge
facilities provided for in
Article 33 (1) through (3);
2. Report and report on any change provided for in Article 53;
3. Report and report on any change in the creation of the water pollution sources provided for in
Article 60 (1); and
4. Registration or changed registration of the waste treatment business provided for in Article 62
(1).
Article 74 (Delegation and Commission)
(1) The Minister of Environment may delegate part of his/her authority provided for in this Act to
the Mayor/Do governor and the
heads of local environmental administrative agencies under conditions
prescribed by Presidential Decree.
(2) The Minister of Environment or the Mayor/Do governor may commission part of his/her work
provided for in this Act to specialized
institutions under conditions prescribed by Presidential Decree.
CHAPTER PENAL PROVISIONS
Article 75 (Penal Provisions)
Anyone who falls under any of the following subparagraphs shall be punished by imprisonment with
prison labor for not more than
7 years or by a fine not exceeding 50 million won:
1. Anyone who has installed or changed discharge facilities or operated his/her business using discharge
facilities without obtaining
permission or permission for any such change therefor pursuant to
the provisions of Article 33 (1) or (2) or after obtaining permission
or permission for any such
change by false means;
2. Anyone who has installed discharge facilities or operated his/her business using discharge facilities
in an area where the installation
of discharge facilities is restricted pursuant to the provisions
of Article 33 (5) and (6); and
3. Anyone who has engaged in activities falling under any subparagraphs of Article 38 (2).
Article 76 (Penal Provisions)
Anyone who falls under any of the following subparagraphs shall be punished by imprisonment with
prison labor for not more than
5 years or by a fine not exceeding 30 million won:
1. Anyone who has failed to perform an order for suspension of operation or order for closure under
Article 4-6 (4);
1-2. Anyone who has installed discharge facilities or operated his/her business using discharge facilities
without making a report
thereon as required under the provisions of Article 33 (1) or after making
a false report;
2. Anyone who has engaged in activities falling under any subparagraphs of Article 38 (1);
2-2. Anyone who has failed to take measures,
including the equipment of gauge pursuant to Article
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38-2 (1) (excluding those who have failed to affix integrating wattmeters, or integrating flowmeters);
2-3. Anyone who has engaged
in an activity referred to in Article 38-3 (1) 1 or 3;
3. Anyone who has violated an order issued to suspend his/her business operation pursuant to the
provisions of Article 40;
4. Anyone who has violated an order issued to suspend operation of his/her business or close his/her
place of business pursuant to
the provisions of Article 42; and
5. Anyone who has engaged in activities falling under any subparagraphs of Article 50 (1).
Article 77 (Penal Provisions)
Anyone who has leaked, discharged or dumped specific water-quality pollutants, etc. in violation of
the provisions of Article 15
(1) 1 shall be punished by imprisonment with prison labor for not more
than 3 years or by a fine not exceeding 15 million won:
Article 78 (Penal Provisions)
Anyone who falls under any of the following subparagraphs shall be punished by imprisonment with
prison labor for not more than
one year or by a fine not exceeding 10 million won:
1. Anyone who has violated an order issued to take measures to improve the facilities, etc. pursuant
to the provisions of Article
12 (2);
2. Anyone who has leaked and discharged the specific water-quality pollutants deliberately or by
negligence while performing his/her
duty in violation of the provisions of Article 15 (1) 1;
3. Anyone who has dumped excreta, livestock wastewater, etc. in violation of the provisions of Article
15 (1) 2;
4. Anyone who has leaked or dumped a large quantity of earth and sand in violation of the provisions
of Article 15 (1) 4;
5. Anyone who has violated an order issued to implement the prevention and removal measures pursuant
to the provisions of Article
15 (3);
6. Anyone who has violated the traffic restriction provided for in the provisions of Article 17 (1);
7. Anyone who has operated his/her business without making a report on the commencement of
his/her business pursuant to the provisions
of Article 37 (1);
8. Anyone who has rejected, obstructed or evaded an inspection provided for in Article 37 (4);
8-2. Anyone who has failed to implement
the order for suspension of business under the provisions
of Article 38-4 (2);
9. Anyone who has violated an order issued to improve the facilities, etc. pursuant to the provisions
of Article 50 (3);
10. Anyone who has failed to make a report required under the provisions of Article 53 (1) or to
install reduction facilities for
non-point pollution required under the provisions of paragraph (3)
of the same Article;
11. Anyone who has violated an order for the implementation of a plan for reduction of non-point
pollution or for the installment
or the improvement of the reduction facilities for non-point pollution
pursuant to Article 53 (5);
12. Anyone who has installed and controlled water pollution sources without making a report thereon
pursuant to the provisions of
Article 60 (1);
13. Anyone who has violated the order given to suspend the operation of his/her facilities or close
his/her facilities pursuant to
the provisions of Article 60 (4) or (5);
14. Anyone who has run a wastewater treatment business without filing registration or changed registration
. Water Quality
1. Water Quality and Ecosystem Conservation Act
433
thereon pursuant to the provisions of Article 62 (1); and
15. Any wastewater non-discharge facilities operator who has rejected, obstructed or evaded the entry
and inspection by public officials
in charge provided for in Article 68 (1).
Article 79 (Penal Provisions)
Anyone who falls under any of the following subparagraphs shall be punished by a fine not exceeding
5 million won: 1. Anyone who has failed to implement an order to take measures pursuant to the provisions of
Article 38-4 (1);
2. Any wastewater treatment business operator who has failed to observe matters for observance provided
for in Article 62 (2) 1 or
2; and
3. Anyone who has rejected, obstructed and evaded the entry and inspection by public officials in
charge provided for in Article
68 (1) (excluding any business operator who installs and operates
the wastewater non-discharge facilities).
Article 80 (Penal Provisions)
Anyone who falls under any of the following subparagraphs shall be punished by a fine not exceeding
1 million won: 1. Anyone who has failed to affix the integrating wattmeters, integrating flowmeters required under
the provisions of Article 38-2
(1); and
2. Anyone who has interfered with the work of environmental engineers or rejected the request of
any environmental engineer without
justifiable grounds in violation of the provisions of Article
47 (4).
Article 81 (Joint Penal Provisions)
If the representative of a corporation or the agent, the employee, the employed of a corporation or
an individual commits any violation
of Articles 75 through 80 in connection with the business of the
corporation or the individual, such corporation or such individual
shall each be fined under the respective
Articles in addition to the punishment of the actor.
Article 82 (Fines for Negligence)
(1) Anyone who falls under any of the following subparagraphs shall be punished by a fine for negligence
not exceeding 10 million
won: 1. Anyone who has failed to install or operate the gauge under Article 4-5 (4);
1-2. Anyone who has failed to record and keep the
results from measurement under Article 4-5
(4) or recorded and kept them falsely;
1-3. Anyone who has failed to observe the matters for observance provided for in Article 35 (2);
2. Anyone who has failed to appoint environmental engineers or failed to make a report on their
appointments (including appointments
after their replacing) in violation of the provisions of Article
47 (1);
3. Anyone who has used fatally or highly poisonous agrochemicals on the lawns and trees of his/her
golf course in violation of the
provisions of Article 61; and
4. The wastewater treatment business operator who has failed to observe the matters for observance
provided for in Article 62 (2)
3.
(2) Anyone who falls under any of the following subparagraphs shall be punished by a fine for negligence
not exceeding 3 million
won:
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
434
1. Anyone who has engaged in fishing in a fishing prohibition area provided for in Article 20 (1);
2. Anyone who has failed to keep records pertaining to the operation of discharge facilities in violation
of the provisions of Article
38 (3) or has falsely kept such records;
2-2. Anyone who has perform any act falling under Article 38-3 (1) 2;
2-3. Anyone who
has failed to observe the criteria for operation and management in violation of
Article 38-3 (2);
3. Anyone who has failed to make a report on any change required under the provisions of Article
53 (1); and
4. Anyone who has failed to install facilities or to take other necessary measures in violation of
the provisions of Article 60 (2).
(3) Anyone who falls under any of the following subparagraphs shall be punished by a fine for negligence
not exceeding 1 million
won:
1. Anyone who has violated the provisions of Article 15 (1) 3;
2. Anyone who has engaged in fishing in a fishing-restriction area in violation of the restriction
matters provided for in the provisions
of Article 20 (2);
3. Anyone who has failed to make a report on any change required under the provisions of Article
33 (2) or (3);
4. Anyone who has failed to make a report on any change required under the provisions of Article
60 (1);
5. Anyone who has failed to get environmental engineers, etc. to undergo the training in violation
of the provisions of Article 67;
and
6. Anyone who has failed to make a report required under the provisions of Article 68 (1) or made
a false report or failed to submit
material or submitted a false material.
(4) Fines for negligence referred to in the provisions of 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 (hereafter
in this Article
referred to as the "imposition authority") under conditions prescribed by Presidential
Decree.
(5) Anyone who is dissatisfied with a disposition taken to impose a fine for negligence on him/her
pursuant to the provisions of
paragraph (4) may raise an objection to the imposition authority within
30 days from the date on which he/she is notified of such
disposition.
(6) When anyone who is subject to a disposition taken to impose a fine for negligence under the
provisions of paragraph
(4) raises an objection thereto pursuant to the provisions of paragraph (5),
the imposition authority shall promptly notify the
competent court of the fact and the competent court
shall, upon receiving such notice, submit the case of fine for negligence in
question to trial according
to the Non-Contentious Case Litigation Procedure Act.
(7) When anyone fails to pay a fine for negligence
without raising an objection thereto within the
period referred to in the provisions of paragraph (5), the fine for negligence in
question shall be collected
pursuant to precedents on dispositions taken to collect national taxes or local taxes in arrears.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Application Example Concerning Levy of Discharge
Imposition)
The amended provisions of Article 41 shall apply, starting with the first discharge imposition levied
after this Act
enters into force.
Article 3 (Application Example Concerning Report on Non-point Pollution Sources)
. Water Quality
1. Water Quality and Ecosystem Conservation Act
435
The amended provisions of Article 53 concerning the report on the creation of non-point pollution
sources shall apply, starting
with the first
business operator who files an application for permission for or makes a report on the installation
of the wastewater discharge
facilities pursuant to the provisions of Article 33 (1) and with any business
operator who submits an assessment statement pursuant
to the provisions of Article 17 (1) or (2)
of the Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, etc.
after this Act
enters into force.
Article 4 (Transitional Measures Concerning Application of Penal Provisions, etc.)
The application of the penal provisions and fines
for negligence to any activities peformed prior to
this Act enters into force shall be governed by the former provisions.
Article
5 Omitted.
Article 6 (Relation with Other Acts)
In cases where the provisions of the Water Quality Conservation Act are quoted by other Acts and
subordinate statutes at the time
this Act enters into force and this Act has any provisions that fall
under the quoted provisions, the relevant provisions of this
Act shall be deemed quoted in lieu of
the former provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force of six months after the date of its promulgation.
Article 2 (Transitional Measures Concerning Projects
Installing Wastewater Terminal Treatment Facilities)
The project installing the terminal treatment facilities implemented in accordance
with Article 12 of
the Environment Improvement Expenses Liability Act at the time when this Act enters into force
shall be deemed
the project installing the terminal treatment facilities implemented in accordance with
the amended provisions of Article 48.
Article 3 (Transitional Measures Concerning Master Plan for Wastewater Terminal Treatment Facilities)
In cases where approval for
the installment of the wastewater terminal treatment facilities and the
operational project plan in accordance with Article 15 of
the former Environment Improvement Expenses
Liability Act at the time when this Act enters into force, approval for a master plan
for wastewater
terminal treatment facilities under the amended provisions of Article 49 shall be deemed as having
been granted.
Article 4 (Transitional Measures Concerning Approval for Expense Funding Plan)
In cases where approval for an expense funding plan
has been granted under Article 16 of the former
Environment Improvement Expenses Liability Act at the time when this Act enters
into force, it shall
be deemed that approval has been granted for the expense funding plan under the amended provisions
of Article
49-2.
Article 5 (Transitional Measures Concerning Master Plan for Wastewater Terminal Treatment Facilities, etc.)
The project of installing
the terminal treatment facilities, the establishment of and approval for a master
plan, the establishment of and approval for an
expense funding plan, compulsory collection, etc. with
regards to acts in progress at the time when this Act enters into force shall
be deemed as being
in progress in accordance with the amended provisions of Articles 48 (1), 49, 49-2 and 49-6.
Article 6 Omitted.
ADDENDA
Article 1 (Enforcement Date)
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
436
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 24 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Transitional Measures Concerning Submission
of Reduction Plan for Non-Point Pollution,)
The reduction plan for non-point pollution submitted before this Act enters into force
shall be deemed
the reduction plan for non-point pollution submitted in accordance with the amended provisions of
Article 53 (2):
Provided, That any person who has made a report on installing non-point pollution
sources in accordance with the former provisions
at the time this Act enters into force may newly
submit the reduction plan for non-point pollution under the amended provisions
of Article 53 (2) within
three months from the date when this Act enters into force.
Article 3 (Transitional Measures Concerning
Application of Penal Provisions, etc.)
The application of the penal provisions and the fines for negligence to any violation committed
before
this Act enters into force shall be governed by the former provisions.
Article 4 Omitted.
Article 5 (Relation with Other Acts)
In cases where the provisions of the Water Quality Conservation Act are cited by other Acts and
subordinate statutes at the time
this Act enters into force and this Act has any provisions that correspond
with the cited provisions, the relevant provisions of
this Act shall be deemed cited in lieu of the former
provisions.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
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