You are here:
AsianLII >>
Databases >>
Laws of the Republic of Korea >>
WATER QUALITY CONSERVATION ACT
Database Search
| Name Search
| Noteup
| Help
WATER QUALITY CONSERVATION ACT
WATER QUALITY CONSERVATION ACT
INTRODUCTION
Details of Enactment and Amendment
- Enactment: This Act was enacted by the Act No. 4260 on August 1, 1990 with the purpose of enabling all citizens to live in a healthy
and comfortable environment, by preventing potential danger and harm to public health and the environment due to the pollution of
water and by properly managing and preserving the quality of public waters, such as rivers, lakes, marshes, etc.
- Amendment: This Act was wholly amended on March 31, 2005 in order to present the basic ideology and directions of policies for the
preservation of water quality by enhancing the status of the Water Quality Conservation Act as the framework Act on the conservation
of water quality and to establish legal basis for the control of non point pollution sources which occupy as much as 30 percent of
the total quantity of water-quality pollutants, as well as to improve the existing legal system related to the conservation of water
quality.
Main Contents
- In order to grasp the actual situation of water pollution throughout the nation, the Minister of Environment shall establish measuring
networks and measure a degree of nationwide water pollution on a regular basis.
- In order to attain accuracy and uniformity of measurement in measuring water pollutants, the Minister of Environment shall determine
and publicly announce the method of an official test on water pollution.
- The permissible discharge standards of water-quality pollutants discharged from wastewater discharge facilities shall be determined
by the Ordinance of the Ministry of Environment.
- If it is deemed that the target water quality by river-system influence sphere is not achieved or water pollution is feared to seriously
harm the health and properties of residents, the raising of animals or the growth of plants, the Minister of Environment may regulate
water-quality pollutants discharged by the river-system influence sphere on a basis of their total quantity.
- A person who intends to install the discharge facilities shall obtain the permission of the Minister of Environment or file a report
thereon with the said Minister.
- In order to prevent or reduce the potential damage on water environments due to water-quality pollutants, the Minister of Environment
shall impose the discharge dues on the enterprisers, etc. who discharge the water-quality pollutants, and collect the dues from them.
- The State and local governments may install and operate wastewater terminal treatment facilities in order to jointly treat, and
let out into the public waters, the pollutants that are discharged from the business place located in the area where it is difficult
to maintain the environmental standards due to an aggravation of water pollution or where it is deemed necessary for a preservation
of water quality.
- The Minister of Environment and the Mayor/Do governor shall make a regular survey and measurement on the situation of using the
water of lakes and marshes, the current situation of distributions of polluting sources, the quantity of pollutants and the pollution
level of water quality, etc.
- A person who intends to carry on any business of treating wastewater on commission shall equip themselves with the technical abilities,
installations and equipments, and make a registration to the Minister of Environment.
- The Minister of Environment or the Mayor/Do governor may, when the water pollution is deemed feared to cause great damage to using
the water of any river, any lake or any marsh or to seriously harm the health and properties of residents, the raising of animals
or the growth of plants, issue an alert on the water pollution of the river, the lake and the marsh.
- The operator of a project that is aimed at developing any city or building any industrial complex in excess of a certain scale,
and a workplace having wastewater discharge facilities, shall be subject to the installation of prevention facilities against the
water-quality pollutants.
WATER QUALITY CONSERVATION ACT
Wholly Amended by Act No.7459, Mar. 31, 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to prevent the people's health and environment from being exposed to dangers and harms caused by water
pollution and to properly manage and preserve the water quality of the public waters, including rivers, lakes and marshes, etc. in
order to enable the people to enjoy benefits accruing from the 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 and cattle barns, etc.,
which release water-quality pollutants into certain places through conduits and waterways, etc.;
2.The term "non point pollution sources" means the cities, roads, farmlands, mountain areas and construction sites, etc.,
which release water-quality pollutants into unspecified places in an unspecified manner;
3.The term "other water pollution sources" means the point pollution sources and the non point pollution sources of facilities
or places that release untreated water-quality pollutants, which are prescribed by the Ordinance of the Ministry of Environment;
4.The term "wastewater" means the water that is mixed with liquid or solid water-quality pollutants and that can not be
used as it is for any purpose;
5.The term "rainfall outflow water" means the rainwater or snow-melting 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 snow-melting water, etc. from permeating underground;
7.The term "water-quality pollutants" means substances that pollute water quality, which are prescribed by the 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 properties as well as the raising of animals and the growth of plants, which are prescribed by the
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 that are used for public purposes by linking themselves with the former, which are prescribed by the 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 the Ordinance of the Ministry of Environment: Provided, That ships and marine facilities provided
for in the provisions of Article 2 of the Prevention of Marine Pollution Act shall be excluded;
11.The term "wastewater non-discharge facilities" means the wastewater discharge facilities that do not release wastewater
into the 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 the Ordinance
of the Ministry of Environment;
13.The term "lake and marsh" means the water and the land of the full-water-level area (referring to the planned floodwater
level in the case of dam) falling under any of the following subparagraphs:
(a)The 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) The place where the flowing water of any river is naturally stored; or
(c) The place where water is stored, which is 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 case 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 the lake and marsh where intake facilities provided for in the provisions
of subparagraph 15 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 that are located outside
water supply source protection areas (hereinafter referred to as the "water supply source protection areas") provided for
in the provisions of Article 5 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.
Article 3 (Duties)
(1) The State and local governments shall take policy steps to curb the occurrence of water-quality pollutants, to properly control
occurred water-quality pollutants and to properly manage and preserve the water quality of the public waters, including rivers, lakes
and marshes, etc. in order for the people to lead their lives in a health and comfortable environment.
(2) All the people shall vigorously participate in and cooperate with the policy steps that are implemented by the State and local
governments to reduce the water-quality pollutants that result from their daily lives and business activities and to preserve the
water quality.
Article 4 (Regulation on Total Quantity)
(1) In case where it is deemed that the target water quality by the river-system influence sphere provided for in the provisions of
Article 22 (2) is not achieved or water pollution is feared to seriously harm the health and properties of residents, the raising
of animals and the growth of plants, the Minister of Environment may regulate the total quantity of water-quality pollutants by the
river-system influence sphere.
(2) Necessary matters concerning the subjects of the regulation on the total quantity and the methods of regulating the total quantity
shall be prescribed according to 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 Seoumjin River Systems and the Act on the Improvement of Water Quality and Support for Residents of
the Riverhead of the Han River System.
Article 5 (Provision of Information)
The Minister of Environment shall build and operate a computer network in order for the people to gain easily access to the information
pertaining to the results of the regular measurement provided for in the provisions of Article 9 (1) and (2), the results of the
survey of pollution sources provided for in the provisions of Article 23 and the pollution level and the discharge quantity, etc.
of the wastewater released by the wastewater discharge facilities.
Article 6 (Support for Civilians Involved in Water-Quality Preservation Activities)
The State and local governments may support voluntary water-quality preservation activities and water-quality monitoring activities
carried out by local residents and nongovernmental organizations.
Article 7 (Support for Environment-Friendly Goods)
The Government may subsidize the producers, sellers or consumers of goods that can serve to reduce the consumption of water or the
use of synthetic chemical compounds, including detergents, etc. or to prevent the occurrence of water pollution in rivers, lakes
and marshes by reducing the occurrence of water-quality pollutants, and take policy steps to support technology development and develop
relevant industries.
Article 8 (Water Pollution Process Test Methods)
The Minister of Environment shall determine and publish water pollution process test methods in order to ensure the correctiveness
and unity of measurements when water-quality pollutants are measured.
CHAPTER II PRESERVATION OF WATER QUALITY IN PUBLIC WATERS
SECTION 1 General Provisions
Article 9 (Regular Measurements)
(1) The Minister of Environment shall build a measuring network to regularly measure the level of water pollution in order to grasp
the actual state of the nationwide water pollution.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the Do governor (hereinafter referred to as the "Mayor/Do
governor")may each build a measuring network to regularly measure the level of water pollution in order to grasp the actual
state of water pollution in their respective jurisdictional areas.
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 the provisions of Article 9 (1), measurement items and the time and frequency of measurement, etc. and publish
such plan under the conditions as prescribed by the Ordinance of the Ministry of Environment and offer drawings for public perusal.
The same shall apply to a case where he changes the plan.
(2) The provisions of paragraph (1) shall apply mutatis mutandis to a case where the Mayor/Do governor builds any measuring network
pursuant to the provisions of Article 9 (2).
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 shall be deemed to obtain the permission falling under each of the following subparagraphs:
1.The permission for any river work provided for in the provisions of Article 30 of the River Act and the permission for any river
occupation and use provided for in the provisions of Article 33 of the same Act;
2.The permission for any road occupation and use provided for in the provisions of Article 40 of the Road Act; and
3.The 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 case where the permission matters falling under each subparagraph of paragraph (1) are included in the plan for building the
measuring network provided for in the provisions of Article 10, the Minister of Environment or the Mayor/Do governor shall consult
thereabout with the heads of agencies concerned before he decides on and publishes the plan for building the measuring network.
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 district; 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) is in excess of 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 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 the "standards for the water quality of released water") shall be set according
to the Ordinance of the Ministry of Environment after consulting thereabout with the heads of central administrative agencies concerned
and water-quality standards for the water released by the sewage terminal treatment facilities or the 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 or Gun shall, when they each develop the Do comprehensive plan or the Si/Gun comprehensive
plan according to the Framework Act on the National Land, reflect the prevention measures provided for in the provisions of Article
22 (1) and the plan for installing the sewage terminal treatment facilities and the excreta treatment facilities, etc. in such comprehensive
plans under the conditions as prescribed by the Presidential Decree in order to prevent the water pollution of the public waters.
Article 14 (Reflection in Basic Urban Planning)
The Special Metropolitan City Mayor, the Metropolitan City Mayor and the head of Si or 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 the provisions of Article 13 and the comprehensive plan for installing the sewage terminal treatment facilities
and the excreta treatment facilities, etc. that are included in the metropolitan development project plan provided for in the provisions
of 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 performing the act falling under any of the following subparagraphs without any justifiable grounds:
1.The act of flowing, 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 the "agrochemicals") provided
for in the Agrochemicals Control Act in the public waters;
2.The act of 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;
3.The act of washing cars in rivers, lakes and marshes; and
4.The act of 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 case where the public waters are polluted or are feared to be polluted by the act 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 the "actor, etc.") shall take measures to prevent pollution and remove pollutants, including the removal
of the relevant substances (hereinafter referred to as the "prevention and removal measures").
(3) In case where the actor, etc. fails to take the prevention and removal measures pursuant to the provisions of paragraph (2), the
Mayor/Do governor may order the actor, etc. to take the prevention and removal measures.
(4) When anyone who is ordered to take the prevention and removal measures pursuant to the provisions of paragraph (3) fails to take
such prevention and removal measures or the 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 this case, the order given by the Mayor/Do governor under the provisions
of paragraph (3) shall be deemed the order given 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 those substances, he 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 that are feared to pollute water supply sources if and when the vehicle is
overturned or plunges into any of the water supply sources in an accident shall be prohibited from driving his vehicle on the roads
and the sections that are prescribed by the Ordinance of the Ministry of Environment pursuant to the provisions of paragraph (4)
in the 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 that is 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 that is prescribed by the Ordinance of the Ministry of Environment as being possibly feared to seriously pollute water
supply sources.
(2) The term substances that are feared to pollute water supply sources" referred to in the part other than each subparagraph
of paragraph (1) means the substances falling under any of the following subparagraphs:
1.Specific substances harmful to water quality;
2.Designated wastes provided for in the provisions of subparagraph 4 of Article 2 of the Waste Control Act (limited to wastes in the
state of liquid and other wastes that are prescribed by the Ordinance of the Ministry of Environment);
3.Oils;
4.Toxic substances;
5.Agrochemicals and raw materials provided for in the provisions of 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 that are prescribed by the 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 the 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 traffic of vehicles is prohibited and vehicles, etc. referred to
in the provisions of paragraph (1) shall be prescribed by the Ordinance of the Ministry of Environment after the Minister of Environment
consults thereabout 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 the occupation and use or the tidal flat reclamation
of the public waters may attach conditions thereto that are necessary to prevent the water pollution of the public waters.
(2) Necessary matters concerning contents of the conditions referred to in paragraph (1) and the methods of preventing the water pollution,
etc. shall be prescribed by the 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 the 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 growing of
crops in such area.
(2) The Mayor/Do governor may, under the conditions as prescribed by the Presidential Decree, compensate for any loss that the grower
suffers by growing the crops or suspending his growing of crops on the recommendation referred to in the provisions of paragraph
(1).
Article 20 (Restrictions on Act 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, lakes and marshes as well as the actual water quality thereof under the conditions as prescribed by the Presidential
Decree. In the case, the head of Si/Gun/Gu shall consult thereabout with the relevant water surface manager.
(2) Anyone who intends to fish in any fishing restriction area referred to in the provisions of paragraph (1) shall abide by the matters,
including the methods and the time of fishing, etc. that are prescribed by the Ordinance of the Ministry of Environment. In this
case, the Minister of Environment shall consult thereabout with the Minister of Maritime Affairs and Fisheries when the matters are
prescribed by the Ordinance of the Ministry of Environment.
(3) The head of Si/Gun/Gu may collect fees from persons who intend to fish in the fishing restriction area referred to in the provisions
of paragraph (1) under the conditions as prescribed by the municipal ordinance to cover the cost of removing trashes, etc. with the
aim of preventing the water pollution in the fishing restriction area and its surrounding area.
Article 21 (Alert System for Water Pollution)
(1) The Minister of Environment or the Mayor/Do governor may, when the water pollution is deemed feared to cause great damage to using
the water of any river, any lake or any marsh or to seriously harm the health and properties of residents, the raising of animals
and the growth of plants, issue an alert on the water pollution of the river, the lake and the marsh.
(2) The Minister of Environment or the Mayor/Do governor shall, when he issues the alert referred to in the provisions of paragraph
(1), notify without delay the head of the local government concerned, the water surface manager, the manager of the intake facilities
or the manager of the water-purification facilities, etc. of the alert. In this case, persons shall, upon receiving the notice, take
measures necessary to increase the frequency of the water-quality test and to remove water-quality pollutants, etc.
(3) The Minister of Environment or the Mayor/Do governor shall, when the grounds of issuing the alert on the water pollution disappear,
cancel the alert and promptly notify the head of the local government concerned, the water surface manager, the manager of the intake
facilities or the manager of the water-purification facilities, etc.
(4) The Minister of Environment may subsidize official business costs required to take measures following the issuance of the alert
on the water pollution within limits of budget.
(5) The objects of the alert issued on the water pollution, substances subject to the alert on the water pollution, standards for
issuing the alert, phases by which the alert is issued, matters concerning measures by phase and standards for canceling the alert,
etc. shall be prescribed by the Presidential Decree.
SECTION 2 Water-Quality Management by River-System Influence Sphere
Article 22 (Water-Quality Management by River-System Influence Sphere)
(1) The Minister of Environment or the head of Si/Gun/Gu shall grasp the state of the water pollution by categorizing the river-system
influence sphere into the large influence area, the medium influence area and the small influence area according to the characteristics,
including area, topography and geography, etc. of river basins and take measures to properly prevent the water pollution.
(2) The Minister of Environment shall determine and publish the influence area by the river system referred to in the provisions of
paragraph (1) and the target water quality taking into account the objectives of using the public waters, the current state of water
quality and the current state of pollution sources, etc.
Article 23 (Survey of Pollution Sources)
The Minister of Environment shall regularly survey the kinds of pollution sources and the quantity of water-quality pollutants, etc.
by the river-system influence sphere under the conditions as prescribed by the Ordinance of the Ministry of Environment.
Article 24 (Development of Plan for Preserving Water Quality in Large Influence Area)
(1) The Minister of Environment shall develop the basic plan for preserving the water quality by the large influence area (hereinafter
referred to as the "large influence area plan") every 10 years.
(2) The large influence area plan shall include the matters falling under each of the following subparagraphs:
1.The trend of the water pollution level and the target water quality;
2.The 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 that are released by point pollution sources, non-point pollution sources and other
water pollution sources;
5.Measures to prevent and reduce water pollution; and
6.Other matters that are prescribed by the Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, when he intends to develop the large influence area plan, consult thereabout 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 a case
where the Minister of Environment intends to change the large influence area plan.
(4) The Minister of Environment shall, when he develops the large influence area plan, notify the heads of central administrative
agencies concerned and the heads of local governments concerned thereof.
Article 25 (Development of Plan for Preserving Water Quality in Medium Influence Area)
(1) The head of Basin Environmental Office or the head of Regional Environmental Office shall develop a plan for preserving water
quality in the medium influence area (hereinafter referred to as the "medium influence area plan") according to the large
influence area plan.
(2) The head of Basin Environmental Office or the head of Regional Environmental Office shall, when he intends to develop a medium
influence area plan, consult thereabout with the Mayor/Do governor concerned. The same shall apply to a case where he intends to
change the medium influence area plan.
(3) The head of Basin Environmental Office or the head of Regional Environmental Office shall, when he develops the medium influence
area plan, notify the Mayor/Do governor concerned of the fact.
Article 26 (Development of Plan for Preserving Water Quality by Unit Influence Zone)
The head of Si/Gun/Gu shall develop a plan for preserving the water quality of rivers, lakes and marshes located in his jurisdictional
area (hereinafter referred to as the "plan by the unit influence zone") according to the large influence area plan and
the medium influence area plan and implement the plan after obtaining approval therefor from the Minister of Environment.
Article 27 (Development of Plan by Unit Influence Zone by Minister of Environment)
(1) In case where the head of Si/Gun/Gu fails to develop the plan by the unit influence zone without any justifiable grounds, the
Minister of Environment may develop the plan by the unit influence zone.
(2) The head of Si/Gun/Gu shall implement with sincerity the plan by the unit influence zone that is developed by the Minister of
Environment.
(3) In case where the head of Si/Gun/Gu fails to implement the plan by the unit influence zone referred to in the provisions of paragraph
(1), the Minister of Environment and the heads of central administrative agencies concerned may take the measures falling under each
of the following subparagraphs:
1.The suspension of or cuts in financial support and other necessary measures; and
2.Restrictions on the installation of the wastewater discharge facilities (including any change in the facilities).
(4) The Minister of Environment shall, when he 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 in Lakes and Marshes
Article 28 (Regular Survey and Measurement)
The Minister of Environment and the Mayor/Do governor shall regularly survey and measure the current consumption of the water of lakes
and marshes, the current distribution of pollution sources, the quantity of water-quality pollutants and the level of water pollution,
etc. under the conditions as prescribed by the Presidential Decree in order to preserve the water quality of lakes and marshes.
Article 29 (Prevention of Damage Caused by Algae)
The Minister of Environment may, when the occurrence of algae is deemed to seriously affect the water quality of lakes and marshes,
order the relevant water surface manager and the relevant manger of the intake facilities or the water-purification facilities that
use lakes and marshes as water sources to take measures necessary to prevent the damage caused by the occurrence of algae, etc. In
this case, the Minister of Environment may provide those managers with subsidies necessary to cover costs required for the prevention
thereof within limits of budget.
Article 30 (Restrictions on Licensing Fish Farming Business)
The heads of administrative agencies concerned shall not grant any license on the fish farming business that requires a fish-holding
farm in any lake and any marsh for water supply sources from among the fish farming businesses provided for in the provisions of
Article 6 (1) of the Inland Water Fisheries Act.
Article 31 (Removal and Treatment of Trashes in Lakes and Marshes)
(1) Every water surface manager shall remove trashes 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 trashes.
(2) Every water surface manager and the head of Si/Gun/Gu shall conclude an agreement on choosing the main body which transports and
treats the trashes and on sharing costs required to transport and treat the trashes 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 mediation. In this case, 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 the application for the mediation pursuant to the provisions of paragraph (3)
shall be prescribed by the Ordinance of the Ministry of Environment.
CHAPTER III CONTROL OF POINT POLLUTION SOURCES
SECTION 1 Regulation on Discharge of Industrial Wastewater
Article 32 (Standards for Permitting Discharge)
(1) The standards for permitting the discharge of water-quality pollutants released by the wastewater discharge facilities (hereinafter
referred to as the "discharge facilities") shall be set by the Ordinance of the Ministry of Environment.
(2) The Minister of Environment shall, when he sets the Ordinance of the Ministry of Environment pursuant to the provisions of paragraph
(1), consult thereabout with the heads of central administrative agencies concerned.
(3) The Special Metropolitan City, the Metropolitan City or the Do (hereinafter referred to the "City/Do") may, when it
is deemed difficult to maintain the regional environment standards provided for in the provisions of Article 10 (3) of the Framework
Act on Environmental Policy, set the standards for permitting the 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 a case where the authority of the Minister of Environment provided for in the provisions of 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 the 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 the fact known to persons
interested.
(5) The Minister of Environment may, when it is deemed necessary to prevent the water pollution in the special countermeasure area,
set the standards for permitting the discharge that are more stringent than the standards for permitting the 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 case 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 the discharge facilities
that are already installed or are scheduled to be installed in the area.
(7) The provisions of paragraphs (1) through (6) shall not apply to the wastewater non-discharge facilities that are installed pursuant
to the provisions of the proviso of Article 33 (1) and paragraph (2) of the same Article.
(8) With respect to the discharge facilities that take the inflow of all of the wastewater through the discharge equipment in the
wastewater terminal treatment facilities provided for in the provisions of Article 48 or the sewage terminal treatment facilities
provided for in the provisions of 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 the discharge facilities shall obtain permission therefor from the Minister of Environment or make
a report thereon to the Minister of Environment under the conditions as prescribed by the 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) When anyone who obtains the permission pursuant to the provisions of paragraph (1) intends to change any important matter that
is prescribed by the Presidential Decree from among the permitted matters, he shall obtain permission for such change from the Minister
of Environment: Provided. That when he intends to change any other matter, he shall make a report on such change to the Minister
of Environment.
(3) When anyone who makes a report pursuant to the provisions of paragraph (1) intends to change any reported matter, he shall make
a report on such change to the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(4) In case where anyone who intends to obtain permission or changed permission or to make a report or a report on any change pursuant
to the provisions of paragraphs (1) through (3) falls under the provisions of the proviso of Article 35 (1) and installs or changes
the joint prevention facilities provided for in the provisions of Article 35 (4), he shall submit documents that are prescribed by
the Ordinance of the Ministry of Environment.
(5) In case 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 deemed feared to make it difficult to maintain the environmental standards and seriously
harm the health and properties of residents, the raising of animals and the growth of plants, the Minister of Environment may put
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 thereabout with the heads of central administrative
agencies concerned.
(6) The scope of the area on which the installation of the discharge facilities is restricted pursuant to the provisions of paragraph
(5) shall be prescribed by the 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 the Ordinance of the
Ministry of Environment, such facilities may be installed as the wastewater non-discharge facilities in any area on which the installation
of any discharge facilities is 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 is restricted
but the discharge facilities that release specific substances harmful to water quality may be installed as the wastewater non-discharge
facilities pursuant to the provisions of paragraph (7).
(9) The standards for granting permission or changed permission provided for in the provisions of paragraphs (1) and (2) shall be
set by the Presidential Decree.
Article 34 (Permission for Installing Wastewater Non-Discharge Facilities)
(1) Anyone who intends to obtain permission for installing the 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 the wastewater non-discharge facilities, etc. that are prescribed by the 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 the Ordinance of the Ministry of Environment about
the appropriateness of the wastewater non-discharge facilities and the water pollution prevention facilities that are capable of
treating water-quality pollutants without releasing wastewater.
Article 35 (Installation of Prevention Facilities, 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 the "business operator") shall, when he installs or changes the
relevant discharge facilities, also install the water pollution prevention facilities (in the case of the wastewater non-discharge
facilities, they refer to the water pollution prevention facilities that are capable of treating wastewater without releasing it;
hereinafter the same shall apply) in order to keep the water-quality pollutants released by the discharge facilities below the standards
for permitting the discharge provided for in the provisions of Article 32: Provided, That the same shall not apply to the discharge
facilities (excluding the wastewater non-discharge facilities) that fall under the standards that are set by the Presidential Decree.
(2) Anyone who uses the discharge facilities without installing the water pollution prevention facilities (hereinafter referred to
as the "prevention facilities") according to the provisions of the proviso of paragraph (1) shall observe the matters concerning
the management of the discharge facilities that are prescribed by the Ordinance of the Ministry of Environment (hereinafter referred
to as the "observance matters"), including the treatment of wastewater and methods of storing the wastewater, etc.
(3) When anyone who installs and operates the discharge facilities without installing the prevention facilities required under the
provisions of the proviso of paragraph (1) violates the observance matters referred to in paragraph (2), the Minister of Environment
may revoke the permission or the changed permission provided for in the provisions of Article 33 (1) through (3) or order the discharge
facilities closed.
(4) Business operators may install joint prevention facilities (hereinafter referred to as the "joint prevention facilities")
in order to jointly treat water-quality pollutants that are released by the discharge facilities (excluding the wastewater non-discharge
facilities). In this case, the business operators shall be deemed to install the prevention facilities against water-quality pollutants
in their respective workplaces.
(5) Business operators shall, when they install and operate the joint prevention facilities, establish an operational body and appoint
a representative responsible therefor.
(6) Necessary matters concerning the installation and operation of the joint prevention facilities shall be prescribed by the Ordinance
of the Ministry of Environment.
Article 36 (Succession of Right and Duty)
(1) In case where any business operator transfers his 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 right and duty 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 the discharge facilities and the 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 right and duty of the business operator with respect to the permission or the changed permission and the report or the 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, 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 intends to operate the relevant discharge facilities and prevention facilities after completing
their installations or changing the discharge facilities (in case where he changes the discharge facilities after making a report
on the change, such change shall be limited to the change that is prescribed by the Presidential Decree), make a report on the commencement
of their operation in advance to the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry
of Environment. In case where he intends to change the reported operation commencement date, he shall make a report on such change
to the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(2) Any business operator who makes a report on the operation commencement pursuant to the provisions of paragraph (1) shall operate
the prevention facilities in order to treat water-quality pollutants released by the discharge facilities (excluding the wastewater
non-discharge facilities) below the standards for permitting discharge within the period that is set by the Ordinance of the Ministry
of Environment. In this case, the provisions of Articles 39 through 41 shall not apply within the period that is set by the Ordinance
of the Ministry of Environment.
(3) The Minister of Environment shall check on the operational state of the discharge facilities and the prevention facilities within
the period that is set by the 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 the 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 the provisions of 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 the provisions
of Article 35 (5); hereinafter the same shall apply) who operates the prevention facilities shall be prohibited from performing the
act falling under any of the following subparagraphs:
1.The act of releasing the water-quality pollutants released by the discharge facilities without flowing them into the prevention
facilities or installing any facilities that are capable of releasing the water-quality pollutants released by the discharge facilities
without flowing them into the prevention facilities;
2.The act of releasing the water-quality pollutants that flows into the prevention facilities without getting them to go through the
terminal outlet or installing the facilities that are capable of releasing the water-quality pollutants without getting them to go
through the terminal outlet;
3.The act of 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 the water-quality
pollutants by mixing water in order to lower the pollution level before the water-quality pollutants that are in excess of the standards
for permitting the discharge pass the final outlet: Provided, That the same shall not apply to a case where the Minister of Environment
deems it possible to treat the water-quality pollutants only when they are diluted under the conditions as prescribed by the Ordinance
of the Ministry of Environment and other case that is prescribed by the Ordinance of the Ministry of Environment; and
4.The act of releasing the water-quality pollutants that are in excess of the standards for permitting the discharge by failing to
normally operate the discharge facilities and the prevention facilities without any 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 performing
the act falling under each of the following subparagraphs:
1.The act of shipping any wastewater released by the wastewater non-discharge facilities out of his business place or releasing any
wastewater into the public waters or installing facilities that are capable of releasing the wastewater;
2.The act of installing facilities that treat or are capable of treating the wastewater released by the wastewater non-discharge facilities
by mixing it with sewage or wastewater released by other discharge facilities; and
3.In case where the wastewater released by the wastewater non-discharge facilities are reused, the act of reusing the 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 the prevention facilities shall, when they operate the discharge facilities and the
prevention facilities, record the actual operation of the discharge facilities and the prevention facilities as they do under the
conditions as prescribed by the Ordinance of the Ministry of Environment and keep the records thereof.
(4) Any business operator or anyone who operates the prevention facilities shall affix instruments to the prevention facilities, which
can measure the quantity of the water-quality pollutants released by the discharge facilities or the prevention facilities under
the conditions as prescribed by the Ordinance of the Ministry of Environment.
Article 39 (Improvement Order)
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 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 the provisions of Article 35 (5)) to take measures necessary to bring down the level of water-quality pollutants below the standards
for permitting the discharge (hereinafter referred to as the "improvement order") for the fixed period under the conditions
as prescribed by the Presidential Decree.
Article 40 (Order Given to Suspend Operation)
When anyone who receives the improvement order pursuant to the provisions of Article 39 fails to execute the 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
the provisions of Article 32 even though he executes the improvement order within the fixed period as a result of the check thereof,
the Minister of Environment may order suspending, in whole or in part, the operation of the relevant discharge facilities.
Article 41 (Discharge Imposition Amount)
(1) The Minister of Environment shall levy and collect the discharge imposition amount from any business operator (including anyone
who operates the facilities that are prescribed by the Ordinance of the Ministry of Environment from among the wastewater terminal
treatment facilities provided for in the provisions of Article 48 and the sewage terminal treatment facilities provided for in the
provisions of subparagraph 5 of Article 2 of the Sewerage Act) who releases the water-quality pollutants or anyone who installs or
changes the 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 the water-quality environment.
In this case, 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 the 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 the
wastewater non-discharge facilities) are released below the standards for permitting the discharge provided for in the provisions
of Article 32, but are in excess of the standards for the water quality of released water provided for in the provisions of Article
12 (3); and
(b)Where the water-quality pollutants from among the wastewater that is released by the wastewater terminal treatment facilities or
the sewage terminal treatment facilities are in excess of the standards for the water quality of released water provided for in the
provisions of Article 12 (3); and
2.Excess discharge imposition amount:
(a)Where the water-quality pollutants are released in excess of the standards for permitting the discharge provided for in the provisions
of Article 32; and
(b)Where the water-quality pollutants are released into the public waters (limited to the 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 the water-quality pollutants are released in excess of the standards for permitting the discharge;
2.Kinds of the water-quality pollutants that are released;
3.The period during which the water-quality pollutants are released;
4.The quantity of the water-quality pollutants that are released;
5.Whether the self-measurement provided for in the provisions of Article 46 is performed; and
6.Other matters concerning the pollution of the water-quality environment and its improvement, which are prescribed by the 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 the 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 the 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 this case,
the reduction and exemption of the discharge imposition amount for the business operator who bears the cost of treating the water-quality
pollutants pursuant to the provisions of other Acts shall be determined within the amount of the cost of treating them, which he
bears.
(4) When anyone who is liable to pay the discharge imposition amount pursuant to the provisions of paragraph (1) fails to pay it 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 charge
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 case where the Minister of Environment delegates his 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 may pay part of the discharge
imposition amount and the additional charge collected to the Mayor/Do governor as the collection expenses under the conditions as
prescribed by the Presidential Decree.
(8) In case where anyone who is liable to pay the discharge imposition amount and the additional charge fails to pay them within the
fixed period, 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 according to the example of a disposition taken to collect the national tax or the local tax in arrears.
Article 42 (Revocation of Permission)
The Minister of Environment may, when any business operator falls under any of the following subparagraphs, revoke the permission
for installing the discharge facilities or the permission for changing them, order his discharge facilities closed or order him to
suspend the operation of his discharge facilities for the fixed period of not more than 6 months:
1.When he is found to have obtained permission or permission for any change or made a report or made a report on any change by means
of false and illegality;
2.When he is found to have failed to meet the standards for granting the permission or the changed permission provided for in the
provisions of Article 33 (9);
3.When he is found to have performed the act falling under any of subparagraphs of Article 38 (1) or any of subparagraphs of paragraph
(2) of the same Article;
4.When he is found to have removed his discharge facilities that he has installed and operated in order to cease running his business
of operating the discharge facilities; and
5.When he is found to have violated this Act or the order given by this Act.
Article 43 (Penalty Surcharge Disposition)
(1) In case 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 operation 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 operation:
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 that are prescribed by the Presidential Decree.
(2) In case where any business operator fails to pay the penalty surcharge referred to in the provisions of paragraph (1) by the deadline
for payment, the Minister of Environment shall collect the penalty surcharge in question according to the example of a disposition
taken to collect the national tax in arrears.
(3) The penalty surcharge that is collected pursuant to the provisions of paragraph (1) shall be included as the annual avenue 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 case where the
Minister of Environment delegates his authority to impose and collect the penalty surcharge to the Mayor/Do governor pursuant to
the provisions of Article 74.
(5) The amount of the penalty surcharge referred to in paragraph (1) that is 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 the 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 to suspend using the relevant
discharge facilities: Provided, That in case where even if the relevant discharge facilities are improved or the prevention facilities
are installed or improved, the level of the 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 the provisions of Article 32 (in the case of the wastewater
non-discharge facilities, referring to a case where the wastewater released by the discharge facilities is deemed possible to be
released into the public waters) or the place on which the discharge facilities are installed is the 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 relevant discharge facilities closed.
Article 45 (Report on Execution of Order and Its Confirmation)
(1) Any business operator who is given the improvement order, the operation suspension order, the use suspension order or the closure
order pursuant to the provisions of Article 39, 40, 42 or 44 shall, when he 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 without delay
public officials in charge to confirm the execution of the orders and the completion of the improvement, and if it is deemed necessary
to test the level of pollution, get those public officials to collect samples and instruct or ask any testing institution that is
prescribed by the 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, which are operated by him and may get any measuring business agent provided for in the provisions of Article 17 of the
Development of and Support for Environmental Technology Act to measure the water-quality pollutants in order to properly operate
his discharge facilities and prevention facilities.
Article 47 (Environmental Engineers)
(1) Every business operator shall appoint environmental engineers and make a report on their appointment to the Minister of Environment
under the conditions as prescribed by the Presidential Decree in order to ensure the normal operation and management of his discharge
facilities and prevention facilities. The same shall apply to a case 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 given 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 the management that is performed by environmental engineers pursuant to the provisions of
paragraph (2).
(4) Any business operator and any person who works in the discharge facilities and the prevention facilities shall not obstruct the
work of environmental engineers in order to ensure the normal operation and management of such discharge facilities and such prevention
facilities and when they shall, upon receiving any request from the environmental engineers for their cooperating with the latter
in performing the work, comply with the request unless justifiable grounds exist that make it impossible for them to do 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 the Presidential Decree.
SECTION 2 Wastewater Terminal Treatment Facilities
Article 48 (Installation of Wastewater Terminal Treatment Facilities)
(1) The State and local governments may install and operate the wastewater terminal treatment facilities (hereinafter referred to
as the "terminal treatment facilities) in order to jointly treat the water-quality pollutants that are released by business
places located in areas that are deemed difficult to maintain the environmental standards due to the worsening of water pollution
or are deemed necessary to preserve the water quality, or get anyone falling under each of the following subparagraphs to install
and operate the terminal treatment facilities. In this case, business operators concerned and anyone who directly incurs the cause
of the water pollution shall bear, in whole or in part, costs needed to install and operate the terminal treatment facilities under
the conditions as prescribed by other Acts:
1.One who falls under any of Article 14 (2) 1 through 3 of the Environment Improvement Expenses Liability Act; and
2.One who falls under Article 14 (2) 4 of the Environment Improvement Expenses Liability Act and is recognized by the Minister of
Environment as being able to operate the terminal treatment facilities.
(2) The types of the terminal treatment facilities referred to in the provisions of paragraph (1) shall be prescribed by the Presidential
Decree.
Article 49 (Master Plan for Terminal Treatment Facilities)
(1) The Minister of Environment shall, when he intends to install the terminal treatment facilities (including their change) pursuant
to the provisions of Article 48 (1), develop a master plan therefor.
(2) Anyone who intends to install the terminal treatment facilities (including their change) pursuant to the provisions of Article
48 (1) shall develop a master plan for the terminal treatment facilities and then obtain approval therefor from the Minister of Environment
under the conditions as prescribed by the Presidential Decree. The same shall apply to a case where he intends to change such master
plan.
(3) The Minister of Environment shall, when he develops the master plan for the terminal treatment facilities pursuant to the provisions
of paragraph (1) or grants approval for the master plan for the terminal treatment facilities pursuant to the provisions of paragraph
(2), designate and publish the area (hereinafter referred to as the "joint treatment area") in which wastewater can be
treated through the terminal treatment facilities.
Article 50 (Operation and Management, etc. of Terminal Treatment Facilities)
(1) Anyone who operates the terminal treatment facilities shall be prohibited from performing the act falling under any of the following
subparagraphs:
1.The act of releasing the water-quality pollutants that flows into the drainage facilities provided for in the provisions of Article
51 (1) instead of flowing them into the terminal treatment facilities without any justifiable grounds or the act of installing facilities
that are capable of releasing the water-quality pollutants instead of flowing them into the terminal treatment facilities;
2.The act of releasing the water-quality pollutants that flows into the terminal treatment facilities without getting them to go through
the final outlet or the act of installing facilities that are capable of releasing the water-quality pollutants without getting them
to go through the final outlet; and
3.The act of treating the water-quality pollutants that flows into the terminal treatment facilities by mixing water that is not polluted
and the act of releasing the water-quality pollutants by mixing them with water in order to lower the pollution level before the
water-quality pollutants that are in excess of the standards for the water quality of released water provided for in the provisions
of Article 12 (3) pass the final outlet.
(2) Anyone who operates the terminal treatment facilities shall properly operate them according to the maintenance and management
standards that are set by the 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 the conditions as prescribed by the Presidential Decree.
Article 51 (Installation and Management of Drainage Facilities)
(1) Anyone who is designated by the Presidential Decree from among persons who intend to install the drainage facilities in the joint
treatment area that is designated pursuant to the provisions of Article 49 (3) and persons who intend to release wastewater shall
flow the wastewater that is released by the relevant business place into the terminal treatment facilities and also install the drainage
facilities and drainage conduits, etc.
(2) Methods of installing the drainage facilities that should be installed pursuant to the provisions of paragraph (1) and their structural
standards, etc. shall be prescribed by the Ordinance of the Ministry of Environment: Provided, That in case where other Acts and
subordinate statutes govern them, they shall be governed by such other Acts and subordinates.
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 of Sewage, Excreta and Livestock
Wastewater and the Sewage Act.
CHAPTER IV CONTROL OF NON-POINT POLLUTION SOURCES
Article 53 (Report on Installation of Non-point Pollution Sources, etc.)
(1) Anyone who intends to undertake the project falling under any of the following subparagraphs or to install the facilities falling
under any of the following subparagraphs shall make a report thereon to the Minister of Environment under the conditions as prescribed
by the Presidential Decree. The same shall apply to a case where he intends to change any matters that are prescribed by the Presidential
Decree from among the reported matters:
1.The project that is aimed at developing any city and building any industrial complex whose scale is in excess of the scale that
is prescribed by the Presidential Decree and other project that induces pollution by non-point pollution sources, which is prescribed
by the Presidential Decree; and
2.The business place in which iron-making facilities, fiber-dyeing facilities and the wastewater discharge facilities that are prescribed
by the Presidential Decree are installed.
(2) Anyone who intends to undertake the project referred to in the provisions of paragraph (1) 1 from among persons who make the report
or the report on any change pursuant to the provisions of paragraph (1) shall install the prevention facilities by the time that
is set by the Ordinance of the Ministry of Environment and anyone who intends to install the facilities referred to paragraph (1)
2 shall install the prevention facilities by the date on which he is required to make a report on the commencement of their operation
provided for in the provisions of Article 37: Provided, That in the case falling under any of the following subparagraphs, the prevention
facilities may not be installed:
1.Where the pollution level of rainfall outflow water is always kept below the standards for permitting the discharge of the business
place (limited the case referred to in paragraph (1) 2); and
2.Where the rainfall outflow water is treated by flowing it into the buffer underflow facilities provided for in the provisions of
Article 18 of the Act on the Management of Water and Support for Residents of the Nakdong River System.
(3) Anyone who installs the prevention facilities pursuant to the provisions of paragraph (2) shall manage and operate such facilities
under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(4) With respect to anyone who fails to observe the standards for managing and operating the facilities referred to the provisions
of paragraph (3), the Minister of Environment may order him to install or improve the facilities for the fixed period under the conditions
as prescribed by the Presidential Decree.
Article 54 (Designation of Control Area, etc.)
(1) With respect to any area that seriously harms or is feared to seriously harm 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 that is 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 the "control area") after consulting thereabout 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 ask 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 the control area.
(4) Standards for designating the control area, procedures for designating the control area and other necessary matters shall be prescribed
by the Presidential Decree.
(5) The Minister of Environment shall, when he designates any control area or cancels his designation of any control area, publish
the location of the control area, the area thereof, the date of his designation thereof, the objective of designating it, the date
of his cancellation thereof, the grounds of cancelling his designation thereof and other matters that are prescribed by the Ordinance
of the Ministry of Environment.
Article 55 (Development of Control Measures)
(1) The Minister of Environment shall, when he designates and publishes any control area, develop the control measures for non-point
pollution sources including the following matters (hereinafter referred to the "control measures") after consulting thereabout
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 the Ordinance of the Ministry of Environment as being necessary to properly manage the control
area.
(2) The Minister of Environment shall, when he develops the control measures, inform the Mayor/Do governor of their development.
(3) The Minister of Environment may ask the heads of central administrative agencies concerned, the Mayor/Do governor and the heads
of institutions or organizations concerned to submit material necessary to develop the control measures.
Article 56 (Development of Implementation Plan)
(1) The Mayor/Do governor shall, when he is informed of the 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 the "implementation plan")
that includes the following matters and then implement the plan after obtaining approval therefor from the Minister of Environment
under the conditions as prescribed by the Ordinance of the Ministry of Environment. The same shall apply to a case where the Mayor/Do
governor intends to change the matters that are prescribed by the 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 ground 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 the Ordinance of the Ministry of Environment as being necessary to implement the 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 the conditions as prescribed by the 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 deems it necessary to smoothly take the control measures and perform the implementation
plan after examining the assessment report that is submitted pursuant to the provisions of paragraph (2), ask the Mayor/Do governor
to supplement or change the implementation plan. In this case, the Mayor/Do governor concerned shall comply with the request of the
Minister of Environment unless special grounds exist that make it impossible for him to do so.
(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 subsidize wholly or partly costs needed to develop the implementation plan and implement the plan
within limits of budget.
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 are or are feared to be in excess of the
standards referred to in the provisions of paragraph (1), ask the heads of administrative agencies concerned to take measures necessary
to prohibit or change manufacturing such agrochemicals or collect and dispose of them, etc. In this case, 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 the cropland whose degree of slope is steeper than the degree of slope that
is prescribed by the Ordinance of the Ministry of Environment from among the croplands that are located in areas higher than the
altitude above the sea, which is prescribed by the Ordinance of the Ministry of Environment to change growing methods, cut back on
the quantity of agrochemicals and fertilizer used and suspend his 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 V 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
the conditions as prescribed by the Ordinance of the Ministry of Environment. The same shall apply to a case where he intends to
change any reported matter.
(2) Anyone who creates and controls the water pollution sources shall install facilities and take measures necessary to prevent and
curb the release of water-quality pollutants under the conditions as prescribed by the Ordinance of the Ministry of Environment.
(3) The Minister of Environment shall, when it is deemed inappropriate that the facilities are installed and the 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 the conditions as prescribed by the Ordinance of the Ministry of Environment.
(4) The Minister of Environment may, when anyone who makes the report pursuant to the provisions of paragraph (1) violates the 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 the water pollution sources.
Article 61 (Restrictions on Use of Agrochemicals on Golf Courses)
(1) Anyone who opens and operates his golf course shall be prohibited from using agrochemicals that are prescribed by the Presidential
Decree as being fatally or highly poisonous (hereinafter referred to as the "fatally or highly poisonous agrochemicals")
for the lawns and trees of his golf course from among agrochemicals provided for in the provisions of subparagraph 1 of Article 2
of the Agrochemicals Control Act: Provided, That the same shall not apply to a case 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 or not on golf courses under
the conditions as prescribed by the Ordinance of the Ministry of Environment.
CHAPTER VI 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 the "wastewater treatment
business") shall have his wastewater treatment business registered with the Minister of Environment after securing technical
capability, facilities and equipment under the conditions as prescribed by the Ordinance of the Ministry of Environment. The same
shall apply to a case where he changes any important matters that are prescribed by the Ordinance of the Ministry of Environment
from among the registered matters.
(2) Every wastewater treatment business operator shall observe the following matters:
1.He is required to receive a commission to treat wastewater taking into account the capacity and possibility of treating the wastewater;
2.He is required to always check on his wastewater treatment facilities, transport equipment and testing facilities in order to keep
them properly operational; and
3.He is required to observe the matters that are prescribed by the 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 wastewater treatment business:
1.One who is the incompetent or the 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 wastewater treatment business has been revoked pursuant to the
provisions of Article 64;
4.One who has been sentenced to the actual 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.
Article 64 (Revocation of Registration, etc.)
In case where any wastewater treatment business operator falls under any case of the following subparagraphs, the Minister of Environment
may revoke the registration of his wastewater treatment business or order him to suspend his wastewater treatment business for not
more than 6 months: Provided, That in case where he falls under subparagraph 1 or 2, the registration of his wastewater treatment
business shall be revoked:
1.Where he falls under any of each subparagraph of Article 63: Provided, That the same shall not apply to a case where any officer
is replaced on the ground that he falls under subparagraph 5 of Article 63 within 6 months from the date on which he is found to
fall under such paragraph from among the officers of any corporation;
2.Where he has his wastewater treatment business registered by means of false and illegality;
3.Where he lends his registration certificate to any other person;
4.Where he has been subject to a disposition taken to suspend his wastewater treatment business not less than two times a year;
5.Where he flimsily performs his wastewater treatment business by deliberation or negligence;
6.Where he fails to commence his business within 2 years from the date on which he registered his business or has had no business
record at all for not less than 2 consecutive years; and
7.Where he violates this Act or any order given by this Act.
Article 65 (Succession of Right and Duty)
(1) When any wastewater treatment business operator transfers his 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 this case, the transferee, the inheritor or the corporation
that falls under any of subparagraphs 1 through 4 of Article 63 may transfer his 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 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 right and duty of the previous
wastewater treatment business operator: Provided, That the same shall not apply to a case where the person who takes over the facilities
of the wastewater treatment business falls under any of each subparagraph of Article 63.
Article 66 (Penalty Surcharge Disposition)
(1) In case where the Minister of Environment has to order anyone who has registered his wastewater treatment business according to
the provisions of Article 62 (1) to suspend his business pursuant to the provisions of Article 64 and the suspension of his 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 business: Provided, That the same
shall not apply to a case where he falls under the provisions of subparagraphs 3 through 5 of Article 64.
(2) The provisions of Article 43 (2) through (5) shall apply mutatis mutandis to the imposition and collection, etc. of the penalty
surcharge referred to in the provisions of paragraph (1).
(3) The amount of the penalty surcharge that is imposed according to the categories and extent of the act of violation under the provisions
of paragraph (1) and other necessary matters shall be prescribed by the Ordinance of the Ministry of Environment.
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 67 (Training for Environmental Engineers, etc.)
(1) Anyone who employs technicians or environmental engineers who are engaged in the wastewater treatment business shall get them
to undergo the training that is conducted by the Minister of Environment and the Mayor/Do governor under the conditions as prescribed
by the Ordinance of the Ministry of Environment.
(2) The Minister of Environment and the Mayor/Do governor may collect expenses required to conduct the training referred to in the
provisions of paragraph (1) from the employers of such trainees.
Article 68 (Report and Check, etc.)
(1) The Minister of Environment or the Mayor/Do governor may, in case 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 to submit material or get his
public officials to enter the relevant facilities or relevant business place, etc. in order to collect water-quality pollutants and
check relevant documents, facilities and equipment, etc. for the purpose of confirming whether to meet the standards for the water
quality of released water provided for in the provisions of Article 12 (3), the standards for permitting the discharge provided for
in the provisions of Article 32, the standards for permission or permission for any change provided for in the provisions of Article
33 or the standards for managing and operating the facilities provided for in the provisions of Article 53 (3):
1.The business operator;
2.The person who installs and operates the terminal treatment facilities (including the facilities that are prescribed by the Ordinance
of the Ministry of Environment from among the sewage terminal treatment facilities provided for in the provisions of subparagraph
5 of Article 2 of the Sewerage Act);
3.The person who falls under the provisions of Article 53 (1);
4.The person who makes a report on the water pollution sources provided for in the provisions of Article 60;
5.The person who runs the business of treating wastewater provided for in the provisions of Article 62 (1); and
6.The 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 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 the Ordinance of the Ministry
of Environment to test the level of pollution: Provided, That the same shall not apply to a case where it can be judged whether the
water-quality pollutants prescribed by the 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 showing
their authority and produce them to persons concerned.
Article 69 (Subsidies from National Treasury)
The State may provide local governments with subsidies used to cover costs necessary for projects undertaken to preserve the water
quality within limits of budget.
Article 70 (Cooperation by Institutions concerned)
The Minister of Environment may, when it is deemed necessary to attain the objectives of this Act, ask the heads of institutions concerned
to take the measures falling under any of the following subparagraphs. In this case, the heads of institutions concerned 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 on the use of agrochemicals and fertilizer;
3.Regulation on 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 the public waters;
7.The revocation of the 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 the permission for occupying and using the public water surface, the suspension of or restrictions on the use
of the 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 that are prescribed by the Presidential Decree.
Article 71 (Standards for Taking Administrative Disposition)
The standards for taking the administrative disposition against the act of violating this Act or any order given by this Act shall
be set by the Ordinance of the Ministry of Environment.
Article 72 (Hearing)
The Minister of Environment shall, when he intends to take the disposition falling under any of the following subparagraphs, hold
a hearing thereon:
1.The revocation of the permission or the order given to shut down any discharge facilities pursuant to the provisions of Article
35 (3), 42 or 44;
2.The order given to close the water pollution sources pursuant to the provisions of Article 60 (4); and
3.The revocation of the 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 the conditions as prescribed by the Ordinance of the Ministry of Environment:
1.The permission or the permission for any change or the report or the report on any change for the discharge facilities provided
for in the provisions of Article 33 (1) through (3);
2.The report and the report on any change provided for in the provisions of Article 53;
3.The report on and the report on any change in the creation of the water pollution sources provided for in the provisions of Article
60 (1); and
4.The registration or the changed registration of the waste treatment business provided for in the provisions of Article 62 (1).
Article 74 (Delegation and Commission)
(1) The Minister of Environment may delegate part of his authority provided for in this Act to the Mayor/Do governor and the heads
of Regional Environmental Offices under the conditions as prescribed by the Presidential Decree.
(2) The Minister of Environment or the Mayor/Do governor may commission part of his work provided for in this Act to specialized institutions
under the conditions as prescribed by the Presidential Decree.
CHAPTER VIII 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.One who has installed or changed the discharge facilities or operated his business in use of the discharge facilities without obtaining
permission or permission for any change therefor pursuant to the provisions of Article 33 (1) or (2) or after obtaining permission
or permission for any change by means of false;
2.One who has installed the discharge facilities or operated his business in use of the discharge facilities in the area where the
installation of the discharge facilities is restricted pursuant to the provisions of Article 33 (5) and (6); and
3.One who has performed the act falling under any of each subparagraph 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.One who has installed the discharge facilities or operated his business in use of the discharge facilities without making a report
thereon required under the provisions of Article 33 (1) or after making a false report;
2.One who has performed the act falling under any of each subparagraph of Article 38 (1);
3.One who has violated the order given to suspend his business operation pursuant to the provisions of Article 40;
4.One who has violated the order given to suspend his business operation or close his business place pursuant to the provisions of
Article 42; and
5.One who has perform the act falling under any of each subparagraph of Article 50 (1).
Article 77 (Penal Provisions)
Anyone who has leaked, flowed or dumped the 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.One who has violated the order given to take measures to improve the facilities, etc. pursuant to the provisions of Article 12 (2);
2.One who has leaked and flowed the specific water-quality pollutants by deliberation or negligence while performing his duty in violation
of the provisions of Article 15 (1) 1;
3.One who has dumped excreta and livestock wastewater, etc. in violation of the provisions of Article 15 (1) 2;
4.One who has leaked or dumped a large quantity of earth and sand in violation of the provisions of Article 15 (1) 4;
5.One who has violated the order given to implement the prevention and removal measures pursuant to the provisions of Article 15 (3);
6.One who has violated the traffic restriction provided for in the provisions of Article 17 (1);
7.One who has operated his business without making a report on the commencement of his business pursuant to the provisions of Article
37 (1);
8.One who has rejected, obstructed or dodged the check provided for in the provisions of Article 37 (4);
9.One who has violated the order given to improve the facilities, etc. pursuant to the provisions of Article 50 (3);
10.One who has failed to make a report required under the provisions of Article 53 (1) or to install the water pollution prevention
facilities required under the provisions of paragraph (2) of the same Article;
11.One who has violated the order given to install the facilities or to improve the facilities pursuant to the provisions of Article
53 (4);
12.One who has installed and controlled the water pollution sources without making a report thereon pursuant to the provisions of
Article 60 (1);
13.One who has violated the order given to suspend the operation of his facilities or close his facilities pursuant to the provisions
of Article 60 (4) or (5);
14.One who has run the wastewater treatment business without making the registration or the changed registration thereon pursuant
to the provisions of Article 62 (1); and
15.The wastewater non-discharge facilities operator who has rejected, obstructed or dodged the entry and check by public officials
in charge provided for in the provisions of 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.The business operator who has installed and operated the wastewater non-discharge facilities without affixing the instruments thereto
pursuant to the provisions of Article 38 (4);
2.The wastewater treatment business operator who has failed to observe the observance matters provided for in the provisions of Article
62 (2) 1 or 2; and
3.One who has rejected, obstructed and dodged the entry and check by public officials in charge provided for in the provisions of
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.One who has failed to affix the instruments required under the provisions of Article 38 (4) (excluding any business operator who
installs and operates the wastewater non-discharge facilities); and
2.One who has interfered with the work of environmental engineers or rejected the request of any environmental engineer without any
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 the act
of violating Articles 75 through 80 in connection with the business of the corporation or the individual, such corporation or such
individual shall be each fined under the respective Articles in addition to the punishment of the actor.
Article 82 (Fine 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.One who has failed to observe the observance matters provided for in the provisions of Article 35 (2);
2.One who has failed to appoint environmental engineers or failed to make a report on their appointments (including their appointments
after replacing them) in violation of the provisions of Article 47 (1);
3.One who has used fatally or highly poisonous agrochemicals on the lawns and trees of his golf course in violation of the provisions
of Article 61; and
4.The wastewater treatment business operator who has failed to observe the observance matters provided for in the provisions of 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:
1.One who has performed the act of fishing in the fishing prohibition area provided for in the provisions of Article 20 (1);
2.One who has failed to keep the records pertaining to the operation of the discharge facilities in violation of the provisions of
Article 38 (3) or has falsely made the records;
3.One who has failed to make a report on any change required under the provisions of Article 53 (1); and
4.One who has failed to install the 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.One who has violated the provisions of Article 15 (1) 3;
2.One who has performed the act of fishing in the fishing restriction area in violation of the restriction matters provided for in
the provisions of Article 20 (2);
3.One who has failed to make a report on any change required under the provisions of Article 33 (2) or (3);
4.One who has failed to make a report on any change required under the provisions of Article 60 (1);
5.One who has failed to get environmental engineers, etc. to undergo the training in violation of the provisions of Article 67; and
6.One 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) The fine 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 the conditions as prescribed by the Presidential Decree.
(5) Anyone who is dissatisfied with a disposition taken to impose the fine for negligence on him pursuant to the provisions of paragraph
(4) may raise an objection to the imposition authority within 30 days from the date on which he is notified of such disposition.
(6) When anyone who is subject to a disposition taken to impose the 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 the notice, put the case of the fine for negligence in question on trial
according to the Non-Contentious Case Litigation Procedure Act.
(7) When anyone fails to pay the 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 according to the example of a disposition taken to collect
the national tax or the local tax 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 Amount)
The amended provisions of Article 41 shall apply, starting with the discharge imposition amount that is first levied after the enforcement
of this Act.
Article 3 (Application Example concerning Report on Non-point Pollution Sources)
The amended provisions of Article 53 concerning the report on the creation of non-point pollution sources shall apply, starting with
any business operator who first 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
the enforcement of this Act.
Article 4 (Transitional Measure concerning Application of Penal Provisions, etc.)
The application of the penal provisions and the fine for negligence to any act that is peformed prior to the enforcement of this Act
shall be governed by the previous provisions.
Article 5 Omitted.
Article 6 (Relation with Other Acts)
In case where the provisions of the Water Quality Conservation Act are quoted by other Acts and subordinate statutes at the time of
the enforcement of this Act 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 previous provisions.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.asianlii.org/kr/legis/laws/wqca324
