Article 10-4(Responsibility for Remediation of Contaminated Soil) #
(1) Any of the following persons shall, as a person responsible for remediation, conduct a detailed soil survey or remediation of contaminated soil under Article 11 (3), 14 (1), or 15 (1) and (3), or a project for improving contaminated soil under Article 19 (1) (hereinafter referred to as "soil remediation, etc."): <Amended on Nov. 28, 2017>
1. A person who causes soil contamination by discharging, leaking, dumping, or neglecting soil contaminants, or committing other acts;
2. The owner, occupant, or operator of a facility subject to the control of soil contamination constituting a cause for soil contamination as at the time soil contamination occurs;
3. A person who universally succeeds to the rights and obligations of those falling under subparagraphs 1 and 2 on account of a merger, inheritance, or any other reason;
4. A person who previously owned or currently owns or occupies land in which soil contamination has occurred.
(2) Notwithstanding paragraph (1), no person shall be deemed a person responsible for remediation referred to in paragraph (1) 4 in any of the following cases: Provided, That the same shall not apply where a person has permitted any person falling under paragraph (1) 1 or 2 to use the land he or she owns or occupies on or after January 6, 1996:
1. Where the person ceased to own the relevant land due to transfer or any other reason on or before January 5, 1996;
2. Where the person acquired the relevant land on or before January 5, 1996;
3. Where the person was in good faith and not negligent in preventing soil contamination as at the time of acquiring the land in which soil contamination has occurred;
4. Where soil contamination occurs while the person owns or occupies the relevant land and such soil contamination occurs due to reasons not attributable to him or her.
(3) Where there exists at least two persons responsible for remediation to whom a Mayor/Do Governor or the head of a Si/Gun/Gu may issue an order for soil remediation, etc. pursuant to Article 11 (3), 14 (1), 15 (1) and (3), or 19 (1), he or she shall order soil remediation, etc., taking into account the degree of responsibility of each person responsible for remediation for the relevant soil contamination, the possibility of prompt and smooth soil remediation, etc., as prescribed by Presidential Decree, and may seek advice from the Soil Remediation Advisory Committee referred to in Article 10-9, if necessary.
(4) Where a person responsible for remediation subject to an order for soil remediation, etc. pursuant to Article 11 (3), 14 (1), 15 (1) and (3), or 19 (1) performs soil remediation, etc. at his or her own expenses, he or she may claim reimbursement for the expenses to be borne by other persons responsible for remediation.
(5) In any of the following cases, the State and a local government may wholly or partially subsidize soil remediation, etc. pursuant to Article 11 (3), 14 (1), 15 (1) and (3), or 19 (1) (excluding expenses refundable through the exercise of a claim for reimbursement under paragraph (4) and an amount equivalent to an increase in the value of the relevant land caused by soil remediation, etc.; hereinafter the same shall apply), as prescribed by Presidential Decree: <Amended on Nov. 28, 2017>
1. Where the expenses incurred by a person responsible for soil remediation under paragraph (1) 1, 2, or 3 in performing soil remediation, etc. significantly exceed either his or her share of expenses or the profits he or she has gained or is expected to gain by owning, occupying, or operating the relevant facility subject to the control of soil contamination;
2. Where the expenses incurred by a person who acquired the relevant land on or before December 31, 2001 or no longer owns it due to transfer thereof or any other reason in performing soil remediation, etc. as a person responsible for remediation under paragraph (1) 4 exceed the value of the relevant land;
3. Where the expenses incurred by a person who has acquired the relevant land on or after January 1, 2002 in performing soil remediation, etc. as a person responsible for remediation under paragraph (1) 4 significantly exceed the value of the relevant land and the profits he or she has gained or is expected to gain by owning or occupying such land;
4. Other cases prescribed by Presidential Decree, such as where a subsidy to cover the expenses incurred in soil remediation, etc. is required.
(6) Where a person responsible for remediation with regard to soil contamination intends to conduct soil remediation, etc. in accordance with an order for soil remediation, etc. issued under Article 11 (3), 14 (1), 15 (1) or (3), or 19 (1), a person who owns or occupies the land where such soil contamination has occurred and is not a person responsible for remediation shall cooperate in the soil remediation, etc., unless there is good reason. <Newly Inserted on Nov. 28, 2017>
(7) A person responsible for remediation shall compensate for losses the owner or occupant of the relevant land has sustained due to cooperation he or she has rendered pursuant to paragraph (6). <Newly Inserted on Nov. 28, 2017>
[This Article Wholly Amended on Mar. 24, 2014]
[This Article wholly amended by Act No. 12522 on March 24, 2014 following the decision of unconstitutionality made by the Constitutional Court on August 23, 2012]