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WASTES CONTROL ACT — 법갈피

영문법령 / WASTES CONTROL ACT

WASTES CONTROL ACT

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CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to environmental conservation and the enhancement of the people's quality of life by reducing the generation of wastes to the maximum extent possible and treating generated wastes in an environment-friendly manner. <Amended on Jul. 23, 2010>

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on May 17, 2007; Jun. 9, 2009; Jan. 13, 2010; Jul. 23, 2010; Jan. 20, 2015; Jan. 17, 2017>

1. The term "wastes" means such materials as garbage, burnt refuse, sludge, waste oil, waste acid, waste alkali, and carcasses of animals, which have become no longer useful for human life or business activities;

2. The term "household wastes" means any wastes other than industrial wastes;

3. The term "industrial wastes" means any wastes generated from places of business with discharge or emission facilities installed and managed in accordance with the Clean Air Conservation Act, the Water Environment Conservation Act, or the Noise and Vibration Control Act, or any other places of business prescribed by Presidential Decree;

4. The term "designated wastes" means the industrial wastes prescribed by Presidential Decree as harmful substances, such as waste oil and waste acid which may contaminate the surrounding environment, or medical wastes which may cause harm to human bodies;

5. The term "medical wastes" means the wastes prescribed by Presidential Decree among the wastes discharged from public health and medical institutions, veterinary clinics, testing and inspection institutions and other similar institutions, which may cause harm to human bodies by infection or otherwise and need to be specially controlled for public health and environmental conservation such as parts and extracts of human bodies and carcasses of laboratory animals;

5-2. The term "medical waste-only container" means a container used to collect, transport, or store any medical wastes to prevent infection or other hazards caused by medical wastes;

5-3. The term "treatment" means the collection, transportation, storage, recycling, and disposal of wastes;

Article 4(Responsibilities of the State and Each Local Government) #

(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) shall verify the current status of wastes discharged and treated within his or her jurisdiction; install and operate waste treatment facilities so that wastes can be properly treated; conduct affairs relating to waste treatment efficiently by improving the methods of treating wastes and raising the skills and quality of the persons in charge; and endeavor to remind residents and business entities of the importance of protecting the environment and to restrain the generation of wastes. <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013>

(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor shall provide the heads of Sis/Guns/Gus with technical and financial assistance to help them fulfill their duties prescribed in paragraph (1) and shall also coordinate waste treatment services within their jurisdiction. <Amended on Aug. 3, 2007>

(3) The State shall verify the current status of designated wastes discharged and treated, and take measures necessary for proper treatment of such wastes.

(4) The State shall support research on and development of technology for waste treatment, provide the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the head of each Si/Gun/Gu with technical and financial assistance necessary for them to fulfill their duties prescribed in paragraphs (1) and (2), and shall also coordinate waste treatment services with the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces (hereinafter referred to as "City/Do"). <Amended on Aug. 3, 2007; Jul. 16, 2013>

Article 13-3(Environmental Assessment when Recycling Wastes) #

(1) Notwithstanding Article 13-2 (1), any of the following persons shall undergo assessment of the methods to evade or eliminate harmful effects caused by recycling of the relevant wastes on human health or the environment by examining and predicting such effects and of the adequacy of recycling technology (hereinafter referred to as "environmental assessment of recycling"), conducted by an environmental assessment institute under Article 13-4 (1). The same shall also apply where he or she modifies any of the significant matters prescribed by Ordinance of the Ministry of Environment, including the kinds of wastes and the types of recycling:

1. A person who intends to recycle wastes or any material made from mixing wastes with soil, etc., in the amount of at least that prescribed by Ordinance of the Ministry of Environment, for any of the uses, including cover soil, fill material, and road substratum material, or by any of the methods prescribed by Ordinance of the Ministry of Environment, by bring them into contact with soil, underground water, surface water, etc. (including where at least two persons intend to recycle them jointly);

2. A person who intends to recycle wastes for which such principles of recycling wastes and matters to be observed as prescribed in Article 13-2 are not determined.

(2) Notwithstanding paragraph (1), a person who intends to manufacture any fertilizers, the legal standards for which have been formulated under Article 4 of the Fertilizer Control Act, or a person who intends to recycle wastes by the methods prescribed by Ordinance of the Ministry of Environment, may recycle the relevant wastes without undergoing an environmental assessment of recycling.

(3) A person who has undergone an environmental assessment of recycling under paragraph (1) shall submit the results thereof to the Minister of Environment and obtain approval for the recycling of the relevant wastes.

(4) After examining whether the applicant meets the requirements for approval prescribed by Presidential Decree in consideration of the results of the environmental assessment of recycling received pursuant to paragraph (3), the Minister of Environment may grant approval under paragraph (3).

(5) In granting approval pursuant to paragraph (4), the Minister of Environment may impose conditions prescribed by Ordinance of the Ministry of Environment, such as the term of validity of the approval and the quantity of wastes, to reduce harm, etc. to be caused to public health or the environment.

(6) Where a person who has obtained approval under paragraph (3) falls under any of the following, the Minister of Environment shall revoke such approval. In such cases, if the approval is revoked, the recycling of the relevant wastes shall be suspended without delay:

1. Where he or she recycles the relevant wastes differently from the matters approved pursuant to paragraph (3);

2. Where he or she submits the results of an environmental assessment of recycling pursuant to paragraph (3) by fraud or other improper means;

3. Where he or she violates any condition of approval imposed pursuant to paragraph (5).

(7) Except as provided in paragraphs (1) through (6), matters necessary for procedures and methods of environmental assessment of recycling, procedures for approval, etc. shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Jul. 20, 2015]

[Previous Article 13-3 moved to Article 13-5 <Jul. 20, 2015>]

Article 13-4(Designation of Environmental Assessment Institutes) #

(1) The Minister of Environment shall, for the specialized and technical environmental assessment of recycling, designate an environmental assessment institute, from among the following institutions or organizations and issue a certificate of designation:

1. National or public research institutes;

2. The Korea Environment Corporation under the Korea Environment Corporation Act;

3. Other institutes or organizations prescribed by Presidential Decree.

(2) A person who intends to be designated as an environmental assessment institute shall file an application with the Minister of Environment meeting the requirements for technical personnel, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Environment. The same shall also apply where he or she intends to modify any of the significant matters prescribed by Ordinance of the Ministry of Environment.

(3) Upon receipt of a request for an environmental assessment of recycling, an environmental assessment institute shall prepare a report on environmental assessment of recycling, including the following matters, in accordance with the standards and methods prescribed by Ordinance of the Ministry of Environment:

1. Current status of the area subject to environmental assessment;

2. Prediction and assessment of environmental effects pertaining to the recycling of wastes, including the effects of wastes or materials made by adding wastes on soil, underground water, surface water, etc. when they leach out;

3. Means for preventing and eliminating environmental risks;

4. Plans for monitoring environmental change;

5. Matters prescribed by Ordinance of the Ministry of Environment for the environmental assessment of recycling of wastes for which such principles or matters to be observed as prescribed in Article 13-2 are not formulated.

(4) No environmental assessment institute shall allow a third party to conduct any environmental assessment of recycling using its name or trade name or lend its certificate of designation as an environmental assessment institute.

(5) The Minister of Environment shall periodically examine whether the operation of an environmental assessment institute is appropriate.

(6) Where an environmental assessment institute falls under any of the following, the Minister of Environment may revoke the designation or order to suspend business fixing a period not exceeding six months: Provided, That in cases falling under subparagraph 1 or 2, such designation shall be revoked:

1. Where it has obtained the designation or designation with modification by fraud or other improper means;

2. Where it has conducted any environmental assessment of recycling during the business suspension period;

3. Where it has failed to meet the requirements for designation prescribed in the former part of paragraph (2);

4. Where it has modified any significant matters without obtaining designation with modification, in violation of the latter part of paragraph (2);

5. Where it has prepared a report on environmental assessment of recycling under paragraph (3) by fraud or other improper means;

6. Where it has allowed a third party to conduct any environmental assessment of recycling using its name or trade name or has lent its certificate of designation as an environmental assessment institute, in violation of paragraph (4).

(7) Except as provided in paragraphs (1) through (6), necessary matters concerning the standards and procedures for designation of an environmental assessment institute, periodic inspection, etc. shall be prescribed by Ordinance of the Ministry of Environment.

(8) Subparagraphs 1 through 4 and 6 of Article 26 shall apply mutatis mutandis to the grounds for disqualification of an environmental assessment institute referred to in paragraph (1). In such cases, "waste management business" shall be construed as "environmental assessment institute" and "permission" as "designation".

[This Article Newly Inserted on Jul. 20, 2015]

Article 13-5(Hazard Criteria of Recycled Products or Materials) #

(1) Where the Minister of Environment deems that any products or materials that are produced by recycling wastes may cause harm to human health or the environment, he or she shall formulate and publicly notify the hazard criteria of such recycled products or materials (hereinafter referred to as "hazard criteria") after consulting with the heads of relevant central administrative agencies.

(2) No person shall manufacture or distribute recycled products or materials using wastes that fail to meet the hazard criteria.

(3) The Minister of Environment may test, analyze, or investigate the actual conditions of manufacturing or distribution of any products or materials produced by recycling wastes in order to verify whether they are in compliance with the hazard criteria.

(4) Matters necessary for the testing, analysis, and investigation of actual conditions under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment.

(5) If, as a result of the testing, analysis or investigation of actual conditions under paragraph (3), a person is found to have manufactured or distributed any products or materials in violation of the hazard criteria, the Minister of Environment may order him or her to take necessary measures, such as the recalling and destruction of the relevant products or materials.

(6) Where the Minister of Environment deems that any products or materials, the hazard criteria of which are publicly notified pursuant to paragraph (1) and which are manufactured by recycling wastes require a certain control, he or she may enter into an agreement with the head of the relevant local government, the manufacturer, etc. of the said products or materials that requires them to disclose the purposes of use and quantities of each type of wastes, the heavy metal contents of such wastes, and other relevant information.

[This Article Newly Inserted on Jul. 23, 2010]

[Moved from Article 13-3 <Jul. 20, 2015>]

Article 14(Treatment of Household Wastes) #

(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall be responsible for treating household wastes discharged within his or her jurisdiction: Provided, That a specific area designated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, shall be excluded from his or her jurisdictional areas. <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013>

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may authorize a person prescribed by Presidential Decree to treat household wastes prescribed in paragraph (1) on his or her behalf, as prescribed by ordinance of the competent local government. <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013>

(3) Notwithstanding the main clause of paragraph (1), and paragraph (2), any person who has filed a report on waste treatment pursuant to Article 46 (1) (hereinafter referred to as "person who has filed a report on waste treatment") may collect, transport, or recycle the wastes prescribed by Ordinance of the Ministry of Environment, such as waste paper, scrap metal, and waste cooking oil (only permitted where waste cooking oil classified as household wastes is collected and transported by a special storage tank or container sealed with no chance of leakage), among household wastes. <Newly Inserted on Jul. 23, 2010; Jul. 16, 2013>

(4) A person who collects and transports household wastes prescribed in paragraph (3) may transfer the wastes prescribed by Ordinance of the Ministry of Environment, among household wastes collected by him or her, to any of the following persons: <Newly Inserted on Jul. 16, 2013>

1. A person who directly collects and recycles wastes generated from products and packing materials manufactured, imported, or sold by him or her (including persons prescribed by Ordinance of the Ministry of Environment, among persons entrusted with recycling), among manufacturers or importers of products and packing materials specified in Article 16 (1) of the Act on the Promotion of Saving and Recycling of Resources;

2. A person who has obtained permission for waste recycling business specified in Article 25 (5) 5 or 7;

3. A person who has filed a report on waste treatment;

4. Any other persons prescribed by Ordinance of the Ministry of Environment.

(5) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may collect service charges for the treatment of household wastes pursuant to paragraph (1), depending on the kind, quantity, etc. of the household wastes discharged. In such cases, the service charges shall be collected in the manner of selling standard waste bags, waste marks, etc. (hereinafter referred to as "standard waste bags and marks"), as prescribed by ordinance of the competent local government; but the service charges for food wastes may be collected in the manner of charging an amount calculated according to the discharged quantity. <Amended on Aug. 3, 2007; Jul. 23, 2010; Jun. 1, 2012; Jul. 16, 2013>

(6) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to impose and collect service charges for the treatment of food wastes pursuant to paragraph (5), he or she may use the electronic information processing program under Article 45 (2). In such cases, information required for calculating service charges shall be entered in the electronic information processing program prescribed in Article 45 (2), as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jul. 16, 2013>

(7) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may authorize a person to produce, distribute, or sell standard waste bags and marks on his or her behalf, as prescribed by municipal ordinances. <Newly Inserted on Jul. 23, 2010; Jul. 16, 2013>

(8) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to authorize a person to collect and transport household wastes on his or her behalf pursuant to paragraph (2), he or she shall comply with the following: <Newly Inserted on Jul. 23, 2010; Jul. 16, 2013; Jan. 21, 2014; Jan. 20, 2015; May 26, 2020>

1. The cost shall be calculated in accordance with the standards prescribed by Ordinance of the Ministry of Environment, and the initial calculation thereof shall be entrusted to any cost accounting service agency provided for in Article 9 of the Enforcement Rule of the Act on Contracts to which a Local Government Is a Party;

2. The standards for evaluating the performance of persons authorized to collect and transport household wastes on behalf of local authorities (including the levels of resident satisfaction and the working conditions of street cleaners) shall be prescribed by ordinance of each local government, and the performance shall be evaluated at least once a year according to the evaluation standards. In such cases, each local government shall organize an evaluation team with civilian experts, etc. to evaluate the performance of such persons;

3. If the evaluation of performance is completed pursuant to subparagraph 2, the results shall be posted on the website of the relevant local government for at least six months from the date of such evaluation, and if the results of such evaluation reveal that the standards prescribed by ordinance of the relevant local government are not met, measures, such as business suspension and the cancellation of the contract for collection and transportation of household wastes on behalf of local authorities shall be taken, as prescribed by Ordinance of the Ministry of Environment;

4. If a contract for collection and transportation of household wastes on behalf of local authorities is concluded, the terms and conditions of such contract shall be posted on the website of the relevant local government for at least six months from the date of such conclusion;

5. Upon the expiration of a contract for collection and transportation of household wastes on behalf of local authorities under subparagraph 4, the details of expenditure incurred in such collection and transportation shall be posted on the website of the relevant local government within six months from the date of such expiration, for at least six months;

6. If a person (including the representative of a corporation) who collects and transports household wastes on behalf of local authorities is sentenced to any of the following punishments, the contract for vicarious execution shall be cancelled without delay:

(a) Where he or she is sentenced to a fine or greater punishment by committing a crime that falls under Article 133 of the Criminal Act;

(b) Where he or she is sentenced to a fine or greater punishment (in cases of punishment of a fine, limited to a fine of at least three million won) by committing a crime that falls under Article 347, 347-2, 356, or 357 of the Criminal Act (in cases falling under Article 347 or 356, including cases where he or she is aggravatingly punished under Article 3 of the Act on the Aggravated Punishment of Specific Economic Crimes);

7. No person who has been sentenced to punishment that falls under any item of subparagraph 6 in relation to a contract to collect and transport household wastes on behalf of local authorities, and for whom three years have yet to elapse from the date of such sentence shall not be entitled to enter into any contract to collect and transport household wastes.

(9) If the Minister of Environment deems it necessary in relation to disposal of household wastes, he or she may require a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to submit necessary data or to take corrective measures, and may inspect and verify whether standards for the disposal of household wastes are complied with. Upon receipt of a request from the Minister of Environment to submit necessary data or to take corrective measures in such cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall comply therewith, in the absence of special circumstances. <Newly Inserted on Jul. 23, 2010; Jul. 16, 2013; Jan. 21, 2014; Nov. 26, 2019>

(10) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to comply with a request under paragraph (9), the Minister of Environment may take measures, such as suspending or curtailing financial support. <Newly Inserted on Nov. 26, 2019>

Article 14-6(Agency Business for Specific Items among Household Wastes) #

(1) Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to authorize any person to treat household wastes on his or her behalf pursuant to Article 14 (2), he or she may conclude a contract (hereinafter referred to as "agency contract") to separately authorize any person to collect, transport, or recycle wastes prescribed by ordinance of the relevant local government, such as wastes, scrap metal, or waste synthetic resin (hereinafter referred to as "specific item").

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may terminate an agency contract if an agent which concludes an agency contract falls under any of the following subparagraphs:

1. Where the agent evades or refuses the collection, transportation, or recycling of some items among the specific items for which an agency contract is concluded;

2. Where the agent collects, transports, or stores by mixing the items separately discharged;

3. Where the agent fails to perform an agency contract without good cause, such as excess processing capacity, etc.;

4. Any other cases prescribed by Ordinance of the Ministry of Environment.

(3) If it is necessary to adjust the contract amount due to changes in the recycling market or any other reasons upon concluding an agency contract, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may adjust the contract amount, as prescribed by Ordinance of the Ministry of Environment.

(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall distribute proceeds of an agency contract to the dischargers of specific items, as prescribed by Ordinance of the Ministry of Environment.

(5) Upon concluding an agency contract (including modification of an agency contract) or adjusting the contract amount under paragraph (3), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall publish the details thereof on the website of the relevant local government, as prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Dec. 27, 2022]

Article 15(Cooperation of Household Waste Dischargers in Treatment) #

(1) The owner, occupant, or manager of a parcel of land or a building from which household wastes are discharged (hereinafter referred to as "household waste discharger") shall either treat such wastes directly in a manner to avoid any harm to the conservation of the living environment or reduce the discharged quantity of wastes, as prescribed by ordinance of the competent Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu. <Amended on Aug. 3, 2007; Jul. 16, 2013>

(2) A household waste discharger shall install a storage facility necessary to separate and store household wastes that he or she is unable to treat directly under paragraph (1) and shall separately keep such wastes by type, nature, and condition, and the competent Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu shall prescribe the detailed matters concerning separation and storage by municipal ordinance. <Amended on Aug. 3, 2007; Jul. 16, 2013; Nov. 26, 2019>

(3) Where a household waste discharger treats household wastes directly pursuant to paragraph (1), he or she shall report to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu the records of waste treatment entrusted, methods of waste treatment, matters concerning contracts, etc., as prescribed by Ordinance of the Ministry of Environment, by the end of February each year. <Newly Inserted on Nov. 26, 2019>

(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall manage the records of treatment by a person who treats household wastes directly pursuant to paragraph (3), such as the inclusion of such records in the records of the generation and treatment of household wastes within his or her jurisdiction. <Newly Inserted on Nov. 26, 2019>

(5) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may fully or partially subsidize the expenses incurred by household waste dischargers who intend to install a facility for discharging food wastes after reducing their quantities pursuant to paragraph (1) or to install a facility necessary to separate and store household wastes pursuant to paragraph (2); and may prescribe detailed matters concerning the types of facilities to be supported, standards for installation and management, scope of support, and other relevant matters by municipal ordinance. <Newly Inserted on Nov. 28, 2017; Nov. 26, 2019>

[Title Amended on Jul. 16, 2013]

Article 15-2(Obligations of Persons Discharging Food Wastes) #

(1) Any of the persons prescribed by Presidential Decree, among persons who discharge large quantities of food wastes, shall comply with rules prescribed by ordinance of the competent Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu, for restraining the generation of food wastes and properly treating such wastes.

(2) A person discharging food wastes under paragraph (1) shall report on his or her plan to restrain the generation of food wastes and properly treat such wastes to the competent local authority, such as a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply to modifications to any reported matters prescribed by Ordinance of the Ministry of Environment.

(3) Notwithstanding Article 14 (1) or 18 (1), a person discharging food wastes under paragraph (1) shall collect, transport, or recycle generated food wastes directly or entrust any of the following persons with the collection, transportation, or recycling of such wastes in accordance with the standards and procedures for entrustment prescribed by Ordinance of the Ministry of Environment: <Amended on Nov. 26, 2019>

1. A person who has installed and operated a waste treatment facility under Article 4 or 5;

2. A person who has obtained permission for waste collection and transportation business under Article 25 (5) 1;

3. A person who has obtained permission for waste recycling business under any provision of Article 25 (5) 5 through 7;

4. A person who has filed a report on waste treatment (limited to the persons who have filed a report on the treatment of food wastes for recycling).

(4) Persons discharging food wastes under paragraph (1) may jointly collect, transport, or recycle food wastes generated from each place of business, as prescribed by Ordinance of the Ministry of Environment, or may jointly install and operate waste treatment facilities. In such cases, they shall establish a joint operating organization, and appoint one representative of the organization.

(5) Where a person prescribed by Ordinance of the Ministry of Environment in consideration of the type and scale of his or her business, the quantity of the wastes discharged, etc. among persons discharging food wastes under paragraph (1) entrusts the treatment of food wastes pursuant to paragraph (3), he or she shall take necessary measures, such as the verification of whether the process for treating the relevant wastes is in compliance with the standards and methods for waste treatment under Article 13 or the principles of recycling wastes and matters to be observed under Article 13-2 as prescribed by Ordinance of the Ministry of Environment: Provided, That the same shall not apply where he or she entrusts waste treatment to a person who has installed and operated waste treatment facilities pursuant to Article 4 or 5. <Newly Inserted on Nov. 26, 2019; Aug. 16, 2023>

[This Article Newly Inserted on Jul. 16, 2013]

Article 17(Obligations of Industrial Waste Dischargers) #

(1) A person who discharges wastes from his or her place of business (hereinafter referred to as "industrial waste discharger") shall comply with the following provisions: <Amended on Jul. 23, 2010; Jan. 20, 2015; Jul. 20, 2015; Nov. 26, 2019; Aug. 16, 2023>

1. He or she shall request an official test facility of wastes prescribed in Article 17-2 (1) to verify in advance whether any wastes which can be classified as designated wastes depending on the content of toxic substances prescribed by Ordinance of the Ministry of Environment, among wastes generated from his or her place of business, fall under designated wastes;

1-2. He or she shall treat all wastes generated from his or her place of business in compliance with the standards and methods for waste treatment under Article 13 and the principles of recycling wastes and matters to be observed under Article 13-2;

2. The generation of industrial wastes shall be reduced to the maximum extent possible by installing waste-reducing facilities in a manufacturing process, developing technology, recycling wastes, and in any other way;

3. Where he or she entrusts waste treatment to someone under Article 18 (1), he or she shall comply with the standards and procedures for entrustment prescribed by Ordinance of the Ministry of Environment, and a person prescribed by Ordinance of the Ministry of Environment in consideration of the type and scale of his or her business, the quantity of the wastes discharged, etc. among industrial waste dischargers shall take necessary measures, such as the verification of whether the process for treating the relevant waste is in compliance with the standards and methods for waste treatment under Article 13 or the principles of recycling wastes, and matters to be observed under Article 13-2 as prescribed by Ordinance of the Ministry of Environment: Provided, That the same shall not apply where he or she entrusts waste treatment to a person who has installed and operated waste treatment facilities under Article 4 or 5.

(2) Industrial waste dischargers prescribed by Ordinance of the Ministry of Environment shall report on the types and quantity of industrial wastes generated, to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply to any modification to reported matters prescribed by Ordinance of the Ministry of Environment. <Amended on Aug. 3, 2007; Jul. 16, 2013>

(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall notify a person who has filed a report or a report on modification, of whether his or her report is accepted, within 20 days from the date his or her report is received pursuant to paragraph (2). <Newly Inserted on Apr. 18, 2017>

(4) If a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu fails to notify a person who has filed a report of whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017>

(5) A business entity that discharges designated wastes prescribed by Ordinance of the Ministry of Environment shall submit each of the following documents to the Minister of Environment for verification before processing such wastes under Article 18 (1): Provided, That where persons prescribed by Ordinance of the Ministry of Environment, including those operating a motor vehicle maintenance business as defined in subparagraph 8 of Article 2 of the Motor Vehicle Management Act, collect and transport designated wastes together with other persons, their representative shall submit such documents to the Minister of Environment for verification: <Newly Inserted on Aug. 3, 2007; Jan. 20, 2015>

1. Waste treatment plans including the following matters:

(a) Trade name, locations of the places of business, and category of business;

(b) Types and volume of wastes to be discharged, and interval for discharge;

(d) Plan for joint treatment of wastes (applicable only to cases of joint treatment);

(e) Other matters prescribed by Ordinance of the Ministry of Environment;

2. Waste analysis reports prepared by an official test facility of wastes prescribed in Article 17-2 (1);

3. If the treatment of designated wastes is entrusted, documents attesting the acceptance of entrustment from a person entrusted with such affairs.

(6) If a person who has obtained verification under paragraph (5) falls under any of the following cases, he or she shall submit relevant documents to the Minister of Environment and obtain the verification of such modification: <Newly Inserted on Aug. 3, 2007; Jun. 1, 2012; Jan. 20, 2015; Apr. 18, 2017>

1. Where he or she intends to change his or her trade name;

2. Where he or she intends to change the location of his or her place of business;

3. Where the monthly average volume of designated wastes discharged (which shall be calculated based on the quantity discharged for one year after obtaining verification or verification of modification) is at least 10/100 and is increasing by at least the percentage prescribed by Ordinance of the Ministry of Environment;

4. Where the volume of designated wastes newly or additionally discharged (in cases of additional discharge, the quantity shall be calculated by adding the quantity previously discharged) falls under a case subject to the verification of a plan for treatment of controlled wastes referred to in paragraph (3);

5. Where he or she intends to change the treatment method by kind of designated wastes or a person who treats such wastes;

6. Where he or she intends to modify the number of places of business for joint treatment or the kinds of wastes jointly treated (applicable only to cases of joint treatment).

(7) Deleted. <Aug. 16, 2023>

(8) If an industrial waste discharger transfers his or her business to another person or dies, or a corporation discharging industrial wastes is merged with another corporation or divided, the transferee or heir, or the corporation surviving the merger or division or the corporation incorporated following the merger or division shall succeed to the rights and obligations relating to such industrial wastes. <Amended on Aug. 3, 2007; Nov. 26, 2019>

(9) A person who has taken over the whole or any part of the place of business of an industrial waste discharger by an auction under the Civil Execution Act; the realization of property under the Debtor Rehabilitation and Bankruptcy Act; the sale of seized property under the National Tax Collection Act, the Customs Act or the Local Tax Collection Act; or other procedures corresponding thereto, shall succeed to the rights and obligations relating to such industrial wastes. <Newly Inserted on Aug. 3, 2007; Mar. 31, 2010; Jul. 23, 2010; Dec. 27, 2016>

(10) The legal liability of the previous industrial waste discharger for violation of any obligation under this Act shall not be extinguished, despite the succession to the rights and obligations under paragraph (8) or (9). <Newly Inserted on Nov. 26, 2019>

Article 17-2(Designation of Official Test Facilities of Wastes) #

(1) In order to perform specialized affairs relating to the testing and analysis of wastes, the Minister of Environment may designate any of the following institutes as a specialized agency for testing and analysis of wastes (hereinafter referred to as "official test facility of wastes"):

1. The Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation");

2. The Sudokwon Landfill Site Management Corporation under the Act on the Establishment and Management of Sudokwon Landfill Site Management Corporation;

3. The Public Health and Environment Research Institute under the Public Health and Environment Research Institute Act;

4. Other institutes deemed by the Minister of Environment as having capability in the testing and analysis of wastes.

(2) If any institute under paragraph (1) 4 intends to be designated as an official test facility of wastes, it shall file an application for designation with the Minister of Environment after being equipped with facilities, equipment, and technical capability prescribed by Presidential Decree.

(3) If an institute designated as an official test facility of wastes under paragraph (1) 4 intends to modify any of the significant matters prescribed by Ordinance of the Ministry of Environment, among the already designated matters, it shall obtain designation with modification of such matter from the Minister of Environment.

(4) When designating an institute referred to in any subparagraph of paragraph (1) as an official test facility of wastes, or designating with modification, the Minister of Environment shall issue a certificate of designation to the relevant agency and publicly announce the details thereof by publishing them in the Official Gazette or posting them on its website, etc.

(5) Article 26 shall apply mutatis mutandis to disqualifications for an official test facility of wastes referred to in paragraph (1) 4. In such cases, "waste management business" shall be construed as "official test facility of wastes", "permission" as "designation", and "Article 27 (excluding paragraphs (1) 2 and (2) 20)" as "Article 17-5 (excluding paragraphs (1) 2 and (2) 6)", respectively.

[This Article Newly Inserted on Jan. 20, 2015]

Article 17-5(Revocation of Designation of Official Test Facilities of Wastes) #

(1) If any official test facility of wastes falls under any of the following cases, the Minister of Environment shall revoke its designation:

1. Where the designation has been obtained by fraud or other improper means;

2. Where it falls under any of the disqualifications prescribed in subparagraphs of Article 26 which applies mutatis mutandis under Article 17-2 (5): Provided, That where any executive officers of a corporation falls under subparagraph 6 of Article 26, the same shall not apply if another executive officer is appointed to replace him or her within two months from the date the ground for disqualification has occurred;

3. Where it performs any affairs relating to testing or analysis during a period of business suspension.

(2) If any official test facility of wastes falls under any of the following cases, the Minister of Environment may revoke the designation or order to fully or partially suspend its business for a fixed period not exceeding six months:

1. Where it fails to meet the standards for facilities, equipment and technical capacity referred to in Article 17-2 (2);

2. Where it modifies any designated matter without obtaining designation with modification under Article 17-2 (3);

3. Where it violates any of the matters to be observed under Article 17-3;

4. Where the result of evaluation conducted under Article 17-4 fails to meet any of the standards prescribed by Ordinance of the Ministry of Environment;

5. Where it issues any waste analysis report, the content of which is different from the fact, by intention or gross negligence;

6. Where it fails to commence its business within one year after being designated, or suspends its business continuously for at least one year without good cause.

(3) Upon revoking designation or ordering business suspension under paragraph (1) or (2), the Minister of Environment shall publicly announce the details thereof in the way of publishing them in the Official Gazette, posting on website, etc.

[This Article Newly Inserted on Jan. 20, 2015]

Article 18(Treatment of Industrial Wastes) #

(1) Every industrial waste discharger shall either treat wastes generated from his or her place of business by him or herself or entrust the treatment of such wastes to a person who has obtained permission for waste treatment business under Article 25 (3), a person who has filed a report on waste treatment, a person who has installed and operated a waste treatment facility under Article 4 or 5, a person who has obtained permission for construction waste treatment business under Article 21 of the Construction Waste Recycling Promotion Act, or a person who has filed for registration of the business of discharging wastes into the sea under Article 19 (1) 1 of the Management of Marine Garbage And Contaminated Marine Sediment Act. <Amended on Jul. 23, 2010; Dec. 3, 2019>

(2) Deleted. <Jul. 20, 2015>

(3) A person who discharges, collects, transports, recycles, or disposes of any industrial wastes prescribed by Ordinance of the Ministry of Environment shall record matters concerning the delivery and receipt of wastes and on-site information on waste treatment prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as "on-site information on waste treatment"), such as the value of measurement, location information, and visual information, on the electronic information processing program under Article 45 (2), as prescribed by Ordinance of the Ministry of Environment, whenever he or she discharges, collects, transports, recycles, or disposes of such wastes: Provided, That in cases of medical wastes, such matters shall be recorded in the electronic information processing program under Article 45 (2), as prescribed by Ordinance of the Ministry of Environment, by means of radio frequency. <Amended on Aug. 3, 2007; Jul. 23, 2010; Nov. 26, 2019>

(4) The Minister of Environment shall make information on delivery and receipt of wastes recorded under paragraph (3) available to, and printable by a person who discharges, collects, and transports, recycles, or disposes of such wastes, and the process of discharging, collecting and transporting, recycling, or treating such wastes searchable and verifiable by the head of the competent Si/Gun/Gu or the Mayor/Do Governor having jurisdiction over the person who discharges, collects and transports, recycles, or disposes of such wastes. <Amended on Aug. 3, 2007; Jul. 23, 2010>

(5) At least two industrial waste dischargers as prescribed by Ordinance of the Ministry of Environment may jointly collect, transport, recycle or disposes of wastes generated from their places of business, as prescribed by Ordinance of the Ministry of Environment. In such cases, such industrial waste dischargers may establish a joint operating organization, appoint one of them as the representative of such joint operating organization, and jointly install and operate waste treatment facilities. <Amended on Jul. 23, 2010>

(6) Deleted. <Aug. 3, 2007>

Article 25(Waste Treatment Business) #

(1) Any person (excluding any person who intends to recycle household wastes, other than food wastes, and any person who has filed a report on waste treatment) who intends to engage in the collection, transportation, recycling, or treatment of wastes (hereinafter referred to as "waste treatment business") and to treat designated wastes shall submit a waste treatment business plan to the Minister of Environment, while such person who intends to treat any wastes, other than designated wastes, shall submit such plan to the competent Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply to any modification to the significant matters prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 23, 2010>

(2) The Minister of Environment or the relevant Mayor/Do Governor shall examine a waste treatment business plan submitted under paragraph (1) in view of the following matters, and notify the person who has submitted such plan the acceptability thereof: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jan. 20, 2015>

1. Whether the person who intends to obtain permission for waste treatment business (including an executive officer, in cases of a corporation) is disqualified under Article 26;

2. Whether the location, etc. of waste treatment facilities violates other Acts;

3. Whether facilities, equipment or technical capability stated in the waste treatment business plan meets the criteria for permission under paragraph (3);

4. Whether the installation and operation of waste treatment facilities have an impact on human health or the surrounding environment, such as causing deterioration of the quality of water in a water-source protection area referred to in Article 7 of the Water Supply and Waterworks Installation Act or causing difficulty in fulfilling the Environmental Quality Standards established under Article 12 of the Framework Act on Environmental Policy.

(3) A person, in receipt of a notice of acceptability pursuant to paragraph (2) shall, within two years (six months, in cases of the waste collection and transportation business under paragraph (5) 1; three years, in cases of the waste treatment business that requires the installation of incinerators and landfill facilities) from the date of receipt of such notice, be equipped with such facilities, equipment, and technical capability in compliance with the standards prescribed by Ordinance of the Ministry of Environment, and shall thereby obtain permission for each business type, type of waste, and area of treatment from the Minister of Environment with respect to designated wastes, and from the Mayor/Do Governor with respect to other wastes. In such cases, if a person who has received a notice of acceptability pursuant to paragraph (2) files an application for permission upon being equipped with securing facilities, equipment, and technical human resources in compliance with the relevant business plan, the Minister of Environment or the Mayor/Do Governor shall grant such permission without delay. <Amended on Aug. 3, 2007; Jul. 23, 2010>

(4) The Minister of Environment or the relevant Mayor/Do Governor may extend the period of application for permission up to one year (six months, in cases of the waste collection and transportation business under paragraph (5) 1; two years, in cases of the terminal waste treatment business under subparagraph 3 of that paragraph and the general waste treatment business under subparagraph 4 of that paragraph), upon request, for persons who have failed to file an application within the period referred to in paragraph (3) due to a natural disaster or any other unavoidable cause. <Newly Inserted on Aug. 3, 2007; Jul. 23, 2010>

(5) The classification and operational details of waste treatment business shall be as follows: <Amended on Jul. 23, 2010; Jul. 20, 2015>

1. Waste collection and transportation business: A business that either collects wastes and transports them to a recycling or treatment facility or collects and transports wastes to export them;

2. Interim waste disposal business: A business that specializes in interim disposal wastes, such as disposal by incineration, physical, chemical or biological disposal, or any other disposal in a manner acknowledged and publicly notified by the Minister of Environment as a safe way to intermediately dispose of wastes, with facilities for interim disposal of wastes;

3. Terminal waste disposal business: A business that specializes in final disposal of wastes, such as landfills (excluding discharging into the sea) with facilities for final disposal of wastes;

4. General waste disposal business: A business that performs both interim and final disposal of wastes with facilities for interim and final disposal of wastes;

5. Interim waste recycling business: A business that manufactures intermediately processed wastes with facilities for recycling of wastes;

6. Terminal waste recycling business: A business that performs the recycling of intermediately processed wastes in accordance with the principles of recycling wastes or matters to be observed under Article 13-2, with facilities for recycling of wastes;

7. General waste recycling business: A business that conducts both interim recycling business and terminal recycling business with facilities for recycling of wastes.

(6) A person who has obtained permission for waste treatment business under any of paragraph (5) 2 through 7 may directly collect and transport wastes for treatment without permission for waste collection and transportation business under subparagraph 1 of the said paragraph. <Amended on Aug. 3, 2007; Jul. 23, 2010>

(7) When the Minister of Environment or a Mayor/Do Governor grants permission under paragraph (3) or permission for modification under paragraph (11), he or she may attach necessary conditions thereto in order to promote convenient living for residents, protect the neighboring environment, and efficiently manage the relevant waste treatment business: Provided, That the condition of restricting the business territory may be added to permission for the business of collecting and transporting household wastes, in which case the Mayor/Do Governor may not restrict the business territory to an administrative unit smaller than a Si/Gun/Gu. <Amended on Aug. 3, 2007; Jul. 23, 2010; Dec. 27, 2022>

(8) Any person who has obtained permission for waste treatment business under paragraph (3) (hereinafter referred to as "waste treatment business entity") shall neither allow another person to use his or her name or trade name in waste treatment nor lend his or her permit to another person. <Amended on Jul. 23, 2010>

(9) Each waste treatment business entity shall comply with the following matters to be observed: <Amended on Jan. 20, 2015; Nov. 26, 2019; Jan. 5, 2021>

1. He or she shall store wastes at an adequate place, such as a storage facility located within its place of business permitted or temporary storage facility approved, as prescribed by Ordinance of the Ministry of Environment;

2. He or she shall not store wastes in excess of the volume or period prescribed by Ordinance of the Ministry of Environment;

3. He or she shall not accept entrustment of the treatment of wastes if it is impracticable to treat them at his or her own treatment facility or exceeds his or her disposal capacity;

4. He or she shall take measures for fire prevention prescribed by Ordinance of the Ministry of Environment, such as installing and managing visual data processing devices and collecting and storing visual information on wastes in storage and landfill (excluding persons conducting waste collection and transportation business);

5. He or she shall not transport wastes to a place in which an order for treatment, an order to suspend waste bringing-in, an order to take measures, etc. under Article 39-2, 39-3, 40 (2) or (3), 47-2, or 48 is issued;

6. In contracting for treatment of wastes, he or she shall comply with the matters to be observed, prescribed by Ordinance of the Ministry of Environment, such as the preparation and keeping of the contract.

(10) Any person who intends to engage in a business collecting, transporting, or disposing of medical wastes shall install and operate such facilities, equipment, and place of business as required for collecting, transporting, or disposing of such wastes separately from other wastes. <Amended on Jul. 23, 2010>

(11) When a person who has obtained permission under paragraph (3) intends to modify any of the significant matters prescribed by Ordinance of the Ministry of Environment, he or she shall obtain permission for such modification, and shall also file a report on modification, if the modification involves any matter other than the significant matters prescribed by Ordinance of the Ministry of Environment. <Amended on Aug. 3, 2007; Jul. 20, 2015>

(12) The Minister of Environment or a Mayor/Do Governor shall notify a person who has filed a report on modification of whether his or her report is accepted, within 20 days from the date such report on modification is received pursuant to paragraph (11). <Newly Inserted on Apr. 18, 2017>

(13) If the Minister of Environment or a Mayor/Do Governor fails to notify a person who has filed a report on modification of whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (12), the report shall be deemed accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017>

(14) If any of the following applies to a person who intends to treat both designated wastes and any wastes, other than designated wastes, in the same treatment facility, such person shall be deemed to have obtained a notice of acceptability, permission, or permission for modification from the Mayor/Do Governor or have filed a report on modification to the Mayor/Do Governor in relation to such non-designated wastes: <Amended on Aug. 3, 2007; Apr. 18, 2017>

1. Where he or she has been notified by the Minister of Environment that his or her waste treatment plan is acceptable under paragraph (2);

2. Where he or she has obtained permission for waste treatment business granted by the Minister of Environment pursuant to paragraph (3);

3. Where he or she has obtained permission for modification of waste treatment business granted by the Minister of Environment or has filed a report on modification to the Minister of Environment pursuant to paragraph (11).

(15) Any person who seeks entitlement to the constructive notice of acceptability, permission, permission for modification, or report on modification from or to the Mayor/Do Governor under paragraph (14) in connection with any wastes other than designated wastes shall submit relevant documents prescribed by Ordinance of the Ministry of Environment simultaneously at the time he or she submits a waste treatment business plan or files an application for permission, permission for modification, or a report on modification to or with the Minister of Environment. <Amended on Aug. 3, 2007; Apr. 18, 2017>

(16) The Minister of Environment shall, upon receiving the relevant documents under paragraph (15), hear the opinion of the competent Mayor/Do Governor, while he or she shall, upon dispatching a notice of acceptability, granting permission or permission for modification, or receiving a report on modification, inform the competent Mayor/Do Governor of the contents thereof. <Amended on Aug. 3, 2007; Apr. 18, 2017>

(17) Any of the following persons who intends to operate a waste treatment business may file an application for permission under paragraph (3) without undergoing the procedures set forth in paragraphs (1) and (2): <Newly Inserted on Jul. 23, 2010; Jul. 16, 2013>

1. A person who intends to operate a waste treatment business within an industrial complex as defined in subparagraph 8 of Article 2 of the Industrial Sites and Development Act;

2. A person who intends to operate a waste treatment business within a recycling complex under Article 34 of the Act on the Promotion of Saving and Recycling of Resources;

3. A person who intends to operate a waste recycling business under any of paragraph (5) 5 through 7.

Article 25-2(Exclusive Container Manufacturing Business) #

(1) A person who intends to engage in manufacturing of exclusive containers as a business (hereinafter referred to as "exclusive container manufacturing business") shall file for registration with the Minister of Environment meeting the requirements for facilities, equipment, etc. enumerated in the standards prescribed by Ordinance of the Ministry of Environment; where he or she intends to modify any of the significant matters prescribed by Ordinance of the Ministry of Environment among the registered matters, he or she shall file for registration of modification; and where he or she intends to modify any of the matters prescribed by Ordinance of the Ministry of Environment among other matters, he or she shall file a report on modification.

(2) The Minister of Environment shall notify a person who has filed a report on modification of whether his or her report is accepted, within 20 days from the date his or her report is received pursuant to paragraph (1). <Newly Inserted on Apr. 18, 2017>

(3) If the Minister of Environment fails to notify a person who has filed a report on modification of whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (2), the report shall be deemed accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017>

(4) Matters necessary for the procedures, etc. for registration, registration of modification, or reporting on modification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.

(5) Matters necessary for the standards, etc. for the structure, specification, quality, and indication of exclusive containers that a person registered under paragraph (1) (hereinafter referred to as "exclusive container manufacturer") is eligible to manufacture shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 18, 2017>

(6) Each exclusive container manufacturer shall undergo an inspection on whether the structure, specification, quality, and indication of manufactured exclusive containers comply with the standards referred to in paragraph (5), as prescribed by Ordinance of the Ministry of Environment. In such cases, matters necessary for inspection institutions, methods and procedures for inspection, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 18, 2017>

(7) No exclusive container manufacturer shall allow another person to use his or her name or trade name in manufacturing exclusive containers nor lend his or her certificate of registration to another person. <Amended on Apr. 18, 2017>

(8) Each exclusive container manufacturer shall comply with the matters to be observed, prescribed by Ordinance of the Ministry of Environment, such as manufacturing of the exclusive containers conforming to the standards referred to in paragraph (5). <Amended on Apr. 18, 2017>

[This Article Newly Inserted on Jan. 20, 2015]

Article 25-3(Conformity Confirmation of Waste Treatment Business) #

(1) A waste treatment business entity shall be confirmed by the Minister of Environment or a Mayor/Do Governor that he or she meets all of the following matters and has the conformity to continue the operation of his or her waste treatment business, whenever the period of validity of conformity confirmation for each type of business prescribed by Presidential Decree has passed:

1. He or she shall meet the conditions prescribed by Ordinance of the Ministry of Environment, such as the standards and methods for waste treatment under Article 13 or the principles of recycling wastes and matters to be observed under Article 13-2;

2. He or she shall not fall under the grounds for disqualification under Article 26;

3. He or she shall fully fulfill the legal liability arising from the violation of this Act.

(2) A person who intends to obtain conformity confirmation under paragraph (1) (hereafter in this Article, referred to as "applicant for conformity confirmation") shall file an application with the Minister of Environment or a Mayor/Do Governor, along with data necessary to confirm the matters referred to in the subparagraphs of paragraph (1), as prescribed by Ordinance of the Ministry of Environment, no later than three months before the period of validity of conformity confirmation for each type of business expires. In such cases, the Minister of Environment or the Mayor/Do Governor upon receipt of the application for conformity confirmation shall confirm whether to meet the conformity and notify the applicant thereof before the expiration date of the validity period, unless there is a compelling reason not to do so.

(3) Notwithstanding the latter part of paragraph (2), where the Minister of Environment or the Mayor/Do Governor fails to confirm whether to meet the conformity and to notify an applicant for conformity confirmation thereof by the expiration date, the applicant may continue to operate his or her waste treatment business even after the validity period of conformity confirmation expires.

(4) When the Minister of Environment or the Mayor/Do Governor has confirmed the conformity of an applicant for conformity confirmation, the validity period of the relevant conformity confirmation shall be counted from the day following the date the previous validity period expires.

(5) If necessary for conducting the conformity confirmation, the Minister of Environment or the Mayor/Do Governor may request the applicant for conformity confirmation to submit additional data or to take necessary measures.

(6) In any of the following cases, the Minister of Environment or the Mayor/Do Governor need not conduct conformity confirmation for the relevant applicant for conformity confirmation:

1. Where he or she has not received an application for conformity confirmation or any data necessary for conformity confirmation from the applicant for conformity confirmation until the validity period of conformity confirmation expires;

2. Where the applicant for conformity confirmation fails to meet the requirements prescribed in the subparagraphs of paragraph (1).

(2) Other matters necessary for the procedures, etc. for applying for conformity confirmation shall be prescribed by Ordinance of the Ministry of Environment.

[This Article Newly Inserted on Nov. 26, 2019]

Article 26(Grounds for Disqualification) #

None of the following persons shall be granted permission for a waste management business or registered for an exclusive container manufacturing business: <Amended on Jan. 20, 2015; Nov. 26, 2019>

1. A minor, a person under adult guardianship, or a person under limited guardianship;

2. A person who has been declared bankrupt, but not yet reinstated;

3. A person for whom 10 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for violation of this Act was not completely executed or the non-execution of such sentence became final;

3-2. A person who was sentenced to the suspension of the execution of imprisonment without labor or heavier punishment for violation of this Act and for whom five years have not passed from the date the suspension of execution was completed;

4. A person who was sentenced to a fine or heavier punishment for violation of this Act and for whom five years have not passed from the date such sentence became final;

5. A person whose permission to operate waste management business was revoked under Article 27 (excluding paragraphs (1) 2 and (2) 20) or registration for an exclusive container manufacturing business was revoked under Article 27-2 (excluding paragraphs (1) 2 and (2) 2) (hereinafter referred to as "person whose permission, etc. is revoked"), for whom 10 years have passed since the revocation of such permission or registration;

5-2. A person prescribed by Ordinance of the Ministry of Environment, who is a person making profits by exercising influence over a person whose permission, etc. is revoked who falls under subparagraph 5, such as by using his or her influence in relation to the person whose permission, etc. is revoked to direct such person to execute business affairs or by performing business affairs directly in the name of the person whose permission, etc. is revoked;

6. A corporation or sole proprietor in whose case one of its executive officers or employers falls under any of subparagraphs 1 through 5 and 5-2.

Article 27(Revocation of Permission) #

(1) If a waste treatment business entity falls under any of the following cases, the Minister of Environment or the competent Mayor/Do Governor shall revoke permission (including permission for modification and reporting on modification; hereafter in this Article the same shall apply) for the waste treatment business: <Amended on Jul. 16, 2013; Jan. 20, 2015; Nov. 26, 2019; May 26, 2020>

1. Where he or she has obtained permission by fraud or other improper means;

1-2. Where he or she fails to obtain conformity confirmation under Article 25-3 (1);

1-3. Where he or she has obtained conformity confirmation under Article 25-3 (1) by fraud or other improper means;

2. Where he or she falls under any of the disqualifications prescribed in the subparagraphs of Article 26: Provided, That the following cases where measures are taken as classified below shall be excluded:

(a) Where any executive officer or employer falls under subparagraph 6 of Article 26: To appoint an executive officer or employer to replace him or her, within two months from the date a ground for disqualification occurred;

(b) Where an inheritor who has succeeded to the rights and obligations under Article 33 (3) falls under any subparagraph of Article 26: To transfer the relevant rights and obligations to another person within six months from the date the inheritance has commenced;

3. Where he or she fails to take measures required under the main clause of Article 40 (1);

4. Where he or she fails to comply with an order for renewal issued under Article 40 (8);

5. Where he or she operates business while the business is suspended.

(2) If a waste treatment business entity falls under any of the following cases, the Minister of Environment or the relevant Mayor/Do Governor may revoke permission for business, or may order a suspension of all or part of business for a specified period not exceeding six months: <Amended on Jul. 23, 2010; Jan. 20, 2015; Jul. 20, 2015; Apr. 18, 2017; Apr. 16, 2019; Nov. 26, 2019; Jan. 5, 2021>

1. Where he or she dumps, buries, or incinerates industrial wastes in violation of Article 8 (1) or (2);

2. Where he or she treats wastes in violation of Article 13 or 13-2;

2-2. Where he or she fails to take measures as ordered under Article 13-5 (5);

2-3. Where he or she fails to comply with the safety standards in violation of Article 14-5 (2);

3. Where he or she fails to record matters concerning the delivery and receipt of waste and on-site information on waste treatment on the electronic information processing program in violation of Article 18 (3);

3-2. Where he or she fails to post hazards information data in violation of Article 18-2 (4);

4. Where he or she fails to inform the competent administrative agencies or public officials belonging thereto of a delivery number despite their request, in violation of Article 19 (1);

5. Where he or she conducts business that exceeds the extent of types or details of business under Article 25 (5);

6. Where he or she violates conditions imposed under Article 25 (7);

7. Where he or she allows another person to use his or her name or trade name in waste treatment or lends his or her permit to another person, in violation of Article 25 (8);

8. Where he or she stores wastes or violates rules in violation of Article 25 (9): Provided, That the same shall apply only to intent or gross negligence in cases falling under subparagraph 5 of that paragraph;

9. Where he or she fails to install and operate separate facilities, equipment or place of business to collect, transport, or treat wastes, in violation of Article 25 (10);

10. Where he or she modifies matters that require permission or reporting without obtaining permission for modification or filing a report on modification under Article 25 (11);

11. Where he or she fails to undergo inspections in violation of Article 30 (1) or (2) or operates waste treatment facilities without obtaining an acceptability decision, in violation of Article 30 (3);

12. Where he or she operates waste treatment facilities, not meeting the standards for management under Article 31 (1);

13. Where he or she fails to comply with an order for improvement or suspension of use issued under Article 31 (4);

14. Where he or she fails to comply with an order for closure under Article 31 (5);

15. Where he or she fails to comply with an order for measurement or inspection issued under Article 31 (7);

15-2. Where he or she fails to apply for permission for succession to the rights and obligations under Article 33 (1) or (2) or fails to obtain permission therefor;

16. Where he or she fails to report on the succession to rights or obligations under Article 33 (3);

17. Where he or she fails to record and keep books in violation of Article 36 (1);

17-2. Where he or she fails to enter the details of waste generation, discharge, treatment, etc. that have to be recorded and retained in a book, in the electronic information processing program, in violation of Article 36 (3), or makes false entry therein;

18. Where he or she fails to comply with an order issued under Article 39-3, 40 (2) or (3), 47-2, or 48;

19. Where he or she fails to reserve in advance a performance guarantee bond under Article 52 (1);

20. Where he or she fails to open business within one year after obtaining permission or suspends such business continuously for at least one year without good cause.

[This Article Wholly Amended on Aug. 3, 2007]

Article 27-2(Revocation of Registration of Exclusive Container Manufacturing Business) #

(1) If an exclusive container manufacturer falls under any of the following cases, the Minister of Environment shall revoke his or her registration (including registration of modification and reporting on modification; hereafter in this Article the same shall apply): <Amended on Nov. 26, 2019>

1. Where he or she has been registered by fraud or other improper means;

2. Where he or she falls under any of the disqualifications prescribed in subparagraphs of Article 26: Provided, That where there is any person who falls under subparagraph 6 of Article 26 from among executive officers of a corporation, the same shall not apply if the executive officer is replaced within two months;

3. Where he or she performs business during a period of business suspension prescribed in paragraph (2).

(2) If an exclusive container manufacturer falls under any of the following cases, the Minister of Environment may revoke his or her registration or order to fully or partially suspend his or her business for a fixed period not exceeding six months: <Amended on Apr. 18, 2017>

1. Where he or she modifies any registered matter without filing for registration of modification or filing a report on modification, in violation of Article 25-2 (1), or files for registration of modification or files a report on modification by improper means;

2. Where he or she fails to commence business or has no business performance within one year after the registration was made (excluding cases where the report on business suspension has been filed);

3. Where he or she manufactures exclusive containers by using facilities and equipment of another person which are not registered under Article 25-2 (1);

4. Where he or she manufactures exclusive containers other than those registered under Article 25-2 (1);

5. Where he or she fails to meet any of the standards for registration referred to in Article 25-2 (1);

6. Where he or she manufactures and distributes any exclusive containers not in compliance with the structure, specification, quality or indication referred to in Article 25-2 (5) or fails to undergo an inspection under Article 25-2 (6);

7. Where he or she allows another person to use his or her name or trade name in operating business by using his or her name or trade name or lends his or her certificate of registration, in violation of Article 25-2 (7);

8. Where he or she fails to comply with matters to be observed, in violation of Article 25-2 (8);

9. Where he or she refuses, obstructs, or evades an inspection of relevant documents, facilities, equipment, etc. conducted under Article 39.

[This Article Newly Inserted on Jan. 20, 2015]

Article 28(Imposition of Penalty Surcharges on Waste Treatment Business Entities) #

(1) If the Minister of Environment or the relevant Mayor/Do Governor intends to order the suspension of business to a waste treatment business entity under Article 27, but it is deemed that the suspension of business falls under any of the following cases, he or she may impose a penalty surcharge within the scope not exceeding the amount calculated by multiplying the amount of sales prescribed by Presidential Decree by 5/100, in lieu of the suspension of business: Provided, That in cases prescribed by Presidential Decree where the waste treatment business entity has no sales or it is impracticable to calculate sales, he or she may impose a penalty surcharge within the scope not exceeding 100 million won: <Amended on Aug. 3, 2007; Jul. 23, 2010; Nov. 26, 2019>

1. Where the suspension of business prevents a customer of the business from entrusting waste treatment to the business, resulting in wastes accumulated in the customer's place of business, so that the customer's business is likely to suffer enormous impediment;

2. Where environmental pollution caused by wastes stored by the relevant waste treatment business entity, or wastes accumulated by a customer of the business, poses or is likely to pose a health hazard to local residents;

3. Where it is deemed necessary to require the waste treatment business entity to continue his or her business due to a natural disaster or other inevitable circumstances.

(2) The amount of a penalty surcharge to be imposed under paragraph (1) based on each type and degree of violation and other necessary matters shall be prescribed by Presidential Decree but may be increased or reduced by up to 1/2 of the amount. <Amended on Nov. 26, 2019>

(3) Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Environment or the Mayor/Do Governor shall revoke the imposition of the penalty surcharge and order the suspension of his or her business under Article 27 (2); or the Minister of Environment shall collect the penalty surcharge in the same manner as delinquent national taxes are collected, while a Mayor/Do Governor shall collect such penalty surcharge in accordance with the Act on the Collection of Local Administrative Penalty Charges: Provided, That where it is impracticable to order the suspension of business under Article 27 (2) due to business closure, etc. under Article 37, the penalty surcharge shall be collected in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Nov. 26, 2019; Mar. 24, 2020>

(4) Penalty surcharges collected under paragraphs (1) and (3) shall be spent by each collecting authority for any of the purposes prescribed by Presidential Decree, including expansion of multi-regional waste treatment facilities.

(5) Notwithstanding paragraph (1), where a person falls under Article 27 (2) 1, 14, or 18 or becomes subject to the disposition of business suspension under Article 27 (2) before two years have passed from the date of receiving a disposition of penalty surcharges, no penalty surcharge shall be imposed in lieu of the suspension of business. <Newly Inserted on Nov. 26, 2019>

[Title Amended on Jul. 23, 2010]

Article 29(Installation of Waste Treatment Facilities) #

(1) Waste treatment facilities shall be installed in compliance with the standards prescribed by Ordinance of the Ministry of Environment, but no waste incineration facility shall be installed or operated, if its size is smaller than that prescribed by Ordinance of the Ministry of Environment.

(2) If any person other than those who has obtained, or have applied for, a permission for waste treatment business under Article 25 (3), intends to install any waste treatment facility, he or she shall obtain approval therefor from the Minister of Environment: Provided, That the foregoing shall not apply where it is intended to install a waste treatment facility under subparagraph 1, while a person who intends to install a waste treatment facility under subparagraph 2 shall file a report thereon with the Minister of Environment:

1. A waste treatment installed and operated by a school, a research institution, or any other person prescribed by Ordinance of the Ministry of Environment for the purposes of testing and research as prescribed by Ordinance of the Ministry of Environment;

2. A waste treatment facility of a scale prescribed by Ordinance of the Ministry of Environment.

(3) A person who intends to modify any of such significant matters prescribed by Ordinance of the Ministry of Environment, among the matters approved or reported under paragraph (2), shall obtain approval for such modification or submit a report on such modification, as applicable.

(4) A person who installs a waste treatment facility shall, when he or she intends to start operating the facility after the completion of the installation works, submit a report thereon to the head of the competent administrative agency depending upon which of the following facilities is involved:

1. For a waste treatment facility installed by a waste management business entity: The administrative agency responsible for licensing under Article 25 (3);

2. For any waste treatment facility other than those falling under subparagraph 1: The administrative agency responsible for approval or reporting under Article 29 (2).

(5) The Minister of Environment or the head of the competent administrative agency shall notify a person who has filed a report or a report on modification of whether his or her report is accepted, within 20 days from the date his or her report is received pursuant to paragraph (2), (3) or (4). <Newly Inserted on Apr. 18, 2017>

(6) If the Minister of Environment or the head of the competent administrative agency fails to notify a person who has filed a report or a report on modification of whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (5), the report shall be deemed accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017>

Article 30-2(Designation of Inspection Agency for Waste Treatment Facilities) #

(1) The Minister of Environment shall designate an inspection agency for waste treatment facilities, from among the following institutions or organizations, to inspect waste treatment facilities in a professional and technical manner and shall issue a certificate of designation (hereinafter referred to as "certificate of designation as an inspection agency for waste treatment facilities") to the relevant agency:

1. The Korea Environment Corporation;

2. National or public research institutes;

3. Other institutions or organizations prescribed by Ordinance of the Ministry of Environment.

(2) A person who intends to be designated as an inspection agency for waste treatment facilities shall meet the requirements for technical personnel, facilities, equipment, etc. prescribed by Ordinance of the Ministry of Environment and file an application with the Minister of Environment for each waste treatment facility that intends to conduct an inspection. The same shall also apply to any modification of the significant matters prescribed by Ordinance of the Ministry of Environment.

(3) Upon receipt of a request for inspection of waste treatment facilities, an inspection agency for waste treatment facilities designated under paragraph (1) (hereinafter referred to as "inspection agency for waste treatment facilities") shall conduct an inspection according to the standards and methods determined and publicly notified by the Minister of Environment and issue an inspection report on waste treatment facilities to the applicant, as prescribed by Ordinance of the Ministry of Environment.

(4) No inspection agency for waste treatment facilities shall allow any other person to inspect waste treatment facilities by using its name or trade name or lend its certificate of designation as an inspection agency for waste treatment facilities.

(5) An inspection agency for waste treatment facilities shall comply with the following matters to be observed:

1. It shall not be requested to inspect facilities other than the waste treatment facilities stated in the certificate of designation as an inspection agency for waste treatment facilities;

2. It shall not re-request another inspection agency for waste treatment facilities or any other person for the inspection of such facilities requested;

3. It shall comply with the matters to be observed as prescribed by Ordinance of the Ministry of Environment, such as where technical personnel registered in an inspection agency for waste treatment facilities directly conduct an inspection of waste treatment facilities.

(6) The Minister of Environment shall periodically examine whether the operation of an waste treatment facility is appropriate.

(7) Where an inspection agency for waste treatment facilities falls under any of the following cases, the Minister of Environment may revoke the designation or order the suspension of business for a specified period not exceeding six months: Provided, That in cases falling under any of subparagraphs 1 through 3, such designation shall be revoked:

1. Where it has obtained designation or designation with modification by fraud or other improper means;

2. Where it falls under any of the grounds for disqualification prescribed in paragraph (9): Provided, That the same shall not apply where an executive officer of a corporation who falls under paragraph (9) is replaced within two months from the date any ground for disqualification arises;

3. Where it has conducted an inspection of waste treatment facilities during the period of business suspension;

4. Where it fails to meet the requirements for designation under the former part of paragraph (2);

5. Where it has modified any significant matters without obtaining designation with modification, in violation of the latter part of paragraph (2);

6. Where it issues an inspection report on waste treatment facilities under paragraph (3) by fraud or other improper means;

7. Where it has allowed any other person to inspect a waste treatment facility by using its name or trade name or has lent its certificate of designation as an inspection agency for waste treatment facilities, in violation of paragraph (4);

8. Where it violates the matters to be observed under paragraph (5).

(8) Matters necessary for the standards, procedures, etc. for designating an inspection agency for waste treatment facilities under paragraphs (1) through (6) shall be prescribed by Ordinance of the Ministry of Environment.

(9) Article 26 shall apply mutatis mutandis to the grounds for disqualification of an inspection agency for waste treatment facilities. In such cases, "waste treatment business" shall be construed as "inspection agency for waste treatment facilities", and "permission" as "designation".

[This Article Newly Inserted on Nov. 26, 2019]

Article 31(Management of Waste Treatment Facilities) #

(1) Anyone who has installed and operated a waste treatment facility shall maintain and manage such facility in compliance with the standards for the management, as prescribed by Ordinance of the Ministry of Environment.

(2) Anyone who has installed and operated a waste treatment facility prescribed by Presidential Decree shall take measurements of pollutants emitted or discharged from the waste treatment facility or arrange for a measuring institution prescribed by Ordinance of the Ministry of Environment to take such measurements, and shall submit a report on the results thereof to the Minister of Environment.

(3) Anyone who has installed and operated a waste treatment facility prescribed by Presidential Decree shall examine the impact that the installation and operation of such waste treatment facility has on the neighboring area every three years, and shall submit a report on the results thereof to the Minister of Environment.

(4) If a waste treatment facility fails to meet the standards for installation under Article 29 (1) or the standards for management under paragraph (1) of this Article in its installation, maintenance or management or fails to pass an inspection conducted pursuant to Article 30 (1) or (2), the Minister of Environment may order the person who has installed and operated the facility to take measures for improving the facility within such period as prescribed by Ordinance of the Ministry of Environment or suspend the operation of such facility (excluding cases where such facility fails to pass an inspection conducted pursuant to Article 30 (1) or (2)). <Amended on Jul. 23, 2010>

(5) If a person to whom an order to improve or suspend the operation has been issued pursuant to paragraph (4) fails to perform as ordered or if it is found that such person is unable to perform as ordered, the Minister of Environment may order him or her to close the facility permanently. <Amended on Aug. 3, 2007>

(6) If a person who has installed a landfill facility for wastes fails to close his or her facility permanently within the fixed period even after receiving an order for permanent closure under paragraph (5), the Minister of Environment may require a person prescribed by Presidential Decree to take procedures for the permanent closure, such as final soil covering, on his or her behalf and use, for such expenses, advance reserve of performance guarantee bond for follow-up management deposited by the person who has installed the landfill facility for wastes under Article 52 (1). In such cases, if the amount of expenses exceeds the amount of advance reserve of performance guarantee bond for follow-up management, the amount of excess may be collected from the person who has received such order. <Newly Inserted on Jan. 20, 2015>

(7) If a person who has installed and operated a waste treatment facility fails to perform his or her obligation to take measurements of pollutants as required under paragraph (2) or fails to examine its impact on its neighboring areas as required under paragraph (3), the Minister of Environment may order the person to take such measurements of pollutants or to examine such impact within a period prescribed by Ordinance of the Ministry of Environment. <Amended on Aug. 3, 2007; Jan. 20, 2015>

(8) The pollutants that shall be measured in accordance with paragraph (2), the cycle of such measurements, the reporting on the results thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 20, 2015>

(9) The method and scope of examinations made under paragraph (3), the report on the results thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 20, 2015>

(10) The Minister of Environment shall disclose the results of measurements taken under paragraph (2) and the results of examinations made under paragraph (3) to the public, as prescribed by the Official Information Disclosure Act. <Amended on Jan. 20, 2015>

Article 32(Constructive Permissions or Reports under Other Statutes or Regulations) #

(1) Where a person who intends to install a waste treatment facility has obtained approval under Article 29 (2) or has filed a report thereon, where he or she installs a waste treatment facility under subparagraph 1 of the said paragraph, or where he or she has obtained permission for a waste treatment business under Article 25 (3), he or she shall be deemed to have obtained or filed the following permission or reports in relation to the waste treatment facility: <Amended on May 17, 2007; Jun. 9, 2009; Jul. 23, 2010; Jan. 17, 2017>

1. Permission for, or reporting on, the installation of emission facilities under Article 23 (1) and (2) of the Clean Air Conservation Act;

2. Permission for, or reporting on, the installation of discharge facilities under Article 33 (1) and (2) of the Water Environment Conservation Act;

3. Permission for, or reporting on, the installation of emission facilities under Article 8 (1) and (2) of the Noise and Vibration Control Act.

(2) Where a person who intends to install a waste treatment facility prescribed by Ordinance of the Ministry of Environment in order to concurrently treat food waste and livestock excreta obtains permission for a waste treatment business under Article 25 (3) or has obtained approval or has filed a report under Article 29 (2) and installs a waste treatment facility under Article 29 (2) 1, he or she shall be deemed to have obtained the following approval or permission in relation to the waste treatment facility: <Newly Inserted on Jun. 1, 2012>

1. Approval for the installation of a public treatment facility under Article 24 (3) of the Act on the Management and Use of Livestock Excreta;

2. Permission for livestock excreta treatment business under Article 28 of the Act on the Management and Use of Livestock Excreta.

(3) Where a person who has installed a waste treatment facility files a report under Article 29 (4), he or she shall be deemed to have filed each of the following reports: <Amended on May 17, 2007; Jul. 23, 2010; Jan. 17, 2017>

1. A report on the commencement of operation of emission facilities under Article 30 of the Clean Air Conservation Act;

2. A report on the commencement of the operation of discharging facilities under Article 37 of the Water Environment Conservation Act;

3. Deleted. <Jun. 9, 2009>

(4) Whenever the Minister of Environment or a Mayor/Do Governor intends to grant approval for the installation of a waste treatment facility or permission for a waste treatment business, he or she shall consult with the heads of relevant administrative agencies, if such facility or business involves any of the matters set forth in the subparagraphs of paragraphs (1) through (3). <Amended on Jun. 1, 2012>

(5) The Minister of Environment shall establish and publicly notify the standards for processing constructive permission, approval, or reports under paragraphs (1) through (3). <Newly Inserted on Aug. 3, 2007; Jun. 1, 2012>

[Title Amended on Jul. 23, 2010]

Article 33(Succession to Rights and Obligations) #

(1) Where a waste treatment business entity, a person who has obtained approval for the installation of a waste treatment facility or has filed a report thereon under Article 29, or a person who has filed a report on waste treatment, or an exclusive container manufacturer (hereinafter referred to as "waste treatment business entity, etc.") takes over the waste treatment business, the waste treatment facility, a facility under Article 46 (1), or an exclusive container manufacturing business (hereinafter referred to as "waste treatment business, etc.") or acquires them by an auction under the Civil Execution Act, the realization of property under the Debtor Rehabilitation and Bankruptcy Act, the sale of seized property under the National Tax Collection Act, the Customs Act, or the Local Tax Collection Act, or other procedures corresponding thereto, the relevant transferee or acquirer shall obtain permission from the Ministry of Environment or the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment. In such cases, the transferee or acquirer who obtained such permission shall succeed to the rights and obligations relating to permission for, approval of, registration of, or reporting on waste treatment business, etc. <Amended on Jul. 23, 2010; Jan. 20, 2015; Nov. 26, 2019>

(2) Where a waste treatment business entity, etc. who is a corporation is merged by absorption with another corporation, establishes a new corporation after the merger with another corporation, or establishes a new corporation or is merged with another corporation after the division of waste treatment business, etc., a corporation surviving the merger or a corporation established by merger or division shall obtain permission from the Minister of Environment or the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment. In such cases, the corporation surviving the merger or the corporation established by merger or division that obtained such permission shall succeed to the rights and obligations relating to permission for, approval of, registration of, or reporting on waste treatment business, etc. <Amended on Nov. 26, 2019>

(3) Where a waste treatment business entity, etc. dies, the heir shall succeed to the rights and obligations relating to permission for, approval of, registration of, or reporting on waste treatment business, etc. In such cases, the heir shall report the succession to rights and obligations to the Minister of Environment or the Mayor/Do Governor, as prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 26, 2019>

(4) Upon receipt of an application for permission under paragraph (1) or (2) or a report under paragraph (3), the Minister of Environment or the Mayor/Do Governor shall determine whether to grant permission or accept the report after examining the following matters and shall notify the applicant for permission or the reporter of such determination: <Amended on Nov. 26, 2019>

1. Whether the previous waste treatment business entity, etc. has any legal liability that occurred for violation of this Act but has not been fulfilled, and whether the plan to fulfill the legal liability is clear and reasonable;

2. Whether the applicant for permission or the reporter falls under the grounds for disqualification under Article 26;

3. Whether the applicant for permission or the reporter has the capability and standards prescribed by Ordinance of the Ministry of Environment to continue to engage in or to establish and operate the business or facility subject to permission or reporting.

(5) The Minister of Environment or the Mayor/Do Governor shall notify an applicant for permission or a reporter of the matters prescribed by Ordinance of the Ministry of Environment, such as whether to grant permission or accept a report and the scope of legal liability, within 30 days from the date of receipt of an application for permission under paragraph (1) or (2) or a report under paragraph (3). <Newly Inserted on Apr. 18, 2017; Nov. 26, 2019>

(6) If the Minister of Environment or the Mayor/Do Governor fails to notify an applicant for permission or a reporter of whether to grant permission or accept a report or whether the processing period is extended pursuant to the statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (5), such permission or report shall be deemed granted or accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017; Nov. 26, 2019>

(7) When the Minister of Environment or the Mayor/Do Governor intends to access the electronic computer network or data concerning criminal history records and certification of family relation in order to verify whether to fall under the subparagraphs of paragraph (4), he or she may request cooperation from the head of the relevant agency, and the head of the relevant agency shall comply with such request, unless there is good cause. <Newly Inserted on Jul. 16, 2013; Nov. 26, 2019; May 26, 2020>

(8) Where the succession to rights and obligations is made under paragraph (1) or (2), the permission, approval, registration, or report regarding the previous waste treatment business entity, etc. shall lose its effect: Provided, That the legal liability of the previous waste treatment business entity, etc. for any violation of the obligations under this Act shall not be extinguished, notwithstanding the succession to rights and obligations. <Newly Inserted on Nov. 26, 2019>

Article 36(Keeping of Books and Records) #

(1) The following persons shall keep books, as prescribed by Ordinance of Ministry of Environment, to record the details of waste generation, discharge, treatment, etc. (referring to the quantity of wastes generated, the status of recycled wastes, the performance of treatment, etc., in cases of persons referred to in subparagraph 1-2; refer to the record, etc. of production, sales volume, and quality inspection of exclusive containers, in cases of persons referred to in subparagraph 4-2; or refer to the quantity of products, containers, etc. generated, imported, and sold and the quantity retrieved and treated, in cases of persons referred to in subparagraph 7), and shall retain the records for three years (two years in cases falling under subparagraph 1) from the date of the last entry: Provided, That this may not apply where the electronic information processing program is used under Article 45 (2): <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013; Jan. 20, 2015; Apr. 18, 2017>

1. A person obligated to report his or her plan to restrain the generation of food wastes and properly treat such wastes under Article 15-2 (2);

1-2. A person obligated to file a report under Article 17 (2);

1-3. A person obligated to obtain verification under Article 17 (5);

2. The representative of a joint operating organization responsible for jointly collecting, transporting, recycling or disposing of industrial wastes under Article 18 (5);

3. Deleted; <Apr. 18, 2017>

4. A waste treatment business entity;

4-2. An exclusive container manufacturer;

5. A person who has installed and operated a waste treatment facility;

6. A person who has filed a report on waste treatment;

7. A manufacturer or an importer referred to in Article 47 (2).

(2) Deleted. <Aug. 3, 2007>

(3) Notwithstanding paragraph (1), a person who operates the business referred to in Article 25 (5) 2 through 7 or a person falling under Article 46 (1) 1 shall enter the details of waste generation, discharge, treatment, etc. that have to be recorded and retained in a book pursuant to paragraph (1) (hereinafter referred to as "matters to be recorded in a book") in the electronic information processing program established and operated under Article 45 (2), as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 28, 2017; Nov. 26, 2019>

Article 38(Submission of Reports) #

(1) The following persons shall submit an annual report on the wastes generated and treated, to the head of the competent administrative agency for the related permission, approval, reporting, or verification by no later than the end of February of the following year, as prescribed by Ordinance of the Ministry of Environment: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013; Apr. 18, 2017>

1. A person who has installed and operated a waste treatment facility under Article 4 or 5;

1-2. A person who has reported his or her plan to restrain the generation of food wastes and properly treat such wastes under Article 15-2 (2);

2. A person who has filed a report as an industrial waste discharger under Article 17 (2);

3. A person who has obtained verification under Article 17 (5);

3-2. Deleted; <Apr. 18, 2017>

4. A waste treatment business entity;

5. A person who has filed a report on waste treatment.

(2) A person registered for exclusive container manufacturing business under Article 25-2 (1) shall submit a report on the production, delivery from warehouses, and quality inspection of exclusive containers to the head of the registration agency by no later than the end of February, the following year, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jan. 20, 2015>

(3) If a person obligated to submit a report under paragraph (1) or (2) fails to submit it within the prescribed period, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order the person to submit it within the prescribed period. <Amended on Jul. 16, 2013; Jan. 20, 2015>

(4) A person obligated to submit a report under paragraph (1) or (2) may request in writing, by no later than January 15 of each year, the person to whom he or she has entrusted to treat industrial wastes to provide him or her with data and information necessary for preparing the report under paragraph (1) or (2), and the person so entrusted shall, upon receiving such request, provide him or her with such data and information in writing by no later than January 31 of the year. <Amended on Jul. 23, 2010; Jul. 16, 2013; Jan. 20, 2015>

(5) An official test facility of wastes shall submit an annual report on the testing and analysis of wastes by the end of February, the following year to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jan. 20, 2015>

Article 39(Reporting and Inspection) #

(1) The Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require the following persons, institutions, or organizations to submit such report or data as prescribed by Ordinance of the Ministry of Environment within the extent necessary for the safe treatment and proper management of wastes, and may also assign public officials in charge to enter an office or a place of business of such persons or a bonded area under Article 154 of the Customs Act to inspect the documents, facilities, equipment, etc. therein. <Amended on Jul. 23, 2010; Nov. 26, 2019>

1. A business entity;

2. A household waste discharger under Article 15 (1);

3. A person who discharges food wastes under Article 15-2 (1);

4. An industrial waste discharger under Article 17 (1);

5. An official test facility of wastes under Article 17-2 (1);

6. An institution specialized in the preparation of hazards information data under Article 18-2 (1);

7. A waste treatment business entity under Article 25;

8. An exclusive container manufacturer under Article 25-2 (5);

9. A person who installs and operates a waste treatment facility under Article 29 (2);

10. An inspection agency for waste treatment facilities under Article 30-2 (3);

11. An educational institution under Article 35 (1);

12. A mutual aid association for waste treatment business under Article 41 (1);

13. A person who has filed a report on waste treatment under Article 46 (1);

14. A person who installs and operates a waste landfill facility subject to discontinuance of operation, closure, or follow-up management under Article 50 or his or her management agent;

15. The Korea Waste Association under Article 58-2 (1);

16. A person entrusted with the business affairs of the Minister of Environment or the head of a local government pursuant to Article 62 (2).

(2) Public officials who enter an office or a place of business for the purpose of an inspection under paragraph (1) shall carry with them identification verifying their authority and show it to interested persons.

(3) In cases of an inspection under paragraph (1), an inspection plan including the date and time, purpose, objects, etc. of the inspection shall be notified to the business entity subject to such inspection by no later than seven days prior to the inspection: Provided, That this shall not apply where the inspection is urgently required or it is deemed that a prior notice may make it impracticable to attain the objective of the inspection. <Newly Inserted on Jul. 23, 2010>

Article 40(Treatment of Abandoned Wastes by Waste Treatment Business Entities) #

(1) Upon obtaining permission under Article 25 (3) or completing a report under Article 46 (1), waste treatment business entities specializing in industrial wastes and persons who have filed a report on waste treatment shall take any of the following measures before the commencement of business to prevent wastes from remaining abandoned: Provided, That the foregoing shall not apply to persons prescribed by Ordinance of the Ministry of Environment, among persons who have filed a report on waste treatment, in consideration of the possibility of abandonment of wastes, etc.: <Amended on Jul. 23, 2010; Jul. 16, 2013>

1. To pay a certain amount of contribution to the mutual aid association for waste treatment business under Article 43;

2. To purchase an insurance policy covering the cost of waste treatment;

3. Deleted. <Aug. 3, 2007>

(2) If a waste treatment business entity or a person who has filed a report on waste treatment under paragraph (1) suspends his or her business or discontinues operation of his or her business due to the closure, etc. of business (excluding the discontinuance of operation following an order for the revocation of permission or suspension of business under Article 27 or for the closure of facilities or prohibition of waste treatment under Article 46 (7)) in excess of the period prescribed by Presidential Decree, the Minister of Environment or the Mayor/Do Governor may order the waste treatment business entity or the person who has filed a report on waste treatment to treat the wastes in his or her possession within a given period. <Amended on Jul. 23, 2010>

(3) If some wastes remain untreated even after an order for treatment has been issued under paragraph (2) or Article 39-3 to a waste treatment business entity or a person who has filed a report on waste treatment, the Minister of Environment or the competent Mayor/Do Governor may order a person who has succeeded to the rights and obligations pursuant to Article 33 (1) through (3) to treat those wastes within a given period. <Newly Inserted on Jul. 23, 2010; Jul. 16, 2013; Nov. 26, 2019>

(4) If a person in receipt of an order issued under paragraph (2) or (3) fails to comply with the order, the Minister of Environment or the Mayor/Do Governor may take any of the following measures for the treatment of the wastes in his or her possession (hereinafter referred to as "abandoned wastes"): Provided, That the foregoing shall not apply where a person who falls under the proviso to paragraph (1) fails to comply with such order: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013>

1. If he or she has paid a certain amount of contribution under paragraph (1) 1: To issue an order to treat the abandoned waste to the mutual aid association for waste treatment business under Article 41;

2. If he or she has purchased an insurance policy under paragraph (1) 2: To treat the abandoned wastes and request the insurer to pay the insurance proceeds;

3. Deleted. <Aug. 3, 2007>

(5) The effective term of the insurance policy, the timing for purchasing such insurance policy, the guidelines for calculation of insurance amount under paragraph (1) 2, and any other necessary matters shall be prescribed by Presidential Decree. <Amended on Aug. 3, 2007>

(6) Deleted. <Aug. 3, 2007>

(7) If any of the following applies to a person who has taken a measure under paragraph (1) 2, he or she shall renew the insurance policy under subparagraph 2 of the said paragraph (hereinafter referred to as "performance guarantee insurance"), as prescribed by Presidential Decree: <Amended on Aug. 3, 2007; Jul. 23, 2010>

1. When the effective term of the performance guarantee insurance expires;

2. When it is necessary to change the insured amount of coverage of the performance guarantee insurance because the type or permissible quantity of possession of wastes subject to waste treatment as permitted under Article 25 (3) or the unit price for such waste treatment is changed or the quantity of wastes in his or her possession exceeds that under paragraph (9) of the said Article.

(8) If any person obligated to renew the performance guarantee insurance policy under paragraph (7) fails to do so, the Minister of Environment or the Mayor/Do Governor may order the person to renew the performance guarantee insurance policy. <Amended on Aug. 3, 2007>

(9) Any person who has purchased a performance guarantee insurance policy or has renewed it in accordance with paragraph (7) or (8) shall submit the original copy of insurance policy proving the renewal to the Minister of Environment or the Mayor/Do Governor, as prescribed by Presidential Decree.

(10) Any person who intends to substitute any of the measures under the subparagraphs of paragraph (1) for any other measure under the said subparagraphs shall notify the Minister of Environment or the Mayor/Do Governor of his or her substituting measure without delay after he or she takes such measure.

(11) When the Minister of Environment or the Mayor/Do Governor orders the mutual aid association for waste treatment business to treat abandoned wastes pursuant to paragraph (4) 1, he or she shall issue such order to the extent prescribed by Presidential Decree in regard to their quantity and the period of time for such treatment. <Amended on Jul. 23, 2010>

(12) If the mutual aid association for waste treatment business under Article 41 has treated wastes in excess of the contribution paid by any waste treatment business entity or any person who has filed a report on waste treatment pursuant to paragraph (1) 1, it may exercise the right to demand a reimbursement as regards the amount in excess against the waste treatment business entity, the person who has filed a report on waste treatment, or the person who has succeeded to the rights and obligations pursuant to Article 33 (1) through (3). <Newly Inserted on Jul. 23, 2010; Nov. 26, 2019>

Article 45(Electronic Processing of Waste Delivery and Receipt) #

(1) The Minister of Environment shall establish and operate an electronic information processing organization (hereinafter referred to as "electronic information processing organization") to manage the following information and records (hereinafter referred to as "electronic information"): <Amended on Aug. 3, 2007; Jul. 16, 2013; Apr. 18, 2017; Nov. 26, 2019>

1. Information entered under Article 14 (6) and required for the calculation of charges for food wastes;

2. Information entered under Article 18 (3) about the transfer and receipt of wastes;

2-2. Mutual verification of information referred to in subparagraph 2 and on-site information on waste treatment, and on-site inspections;

3. Records entered under paragraph (3).

(2) The Minister of Environment shall establish and operate an electronic information processing program (hereinafter referred to as "electronic information processing program") to efficiently process electronic information. In such cases, the costs necessary for electronic information processing may be wholly or partially collected from users of such program. <Amended on Aug. 3, 2007; Jul. 23, 2010>

(3) When an industrial waste discharger has recorded the details of affairs prescribed by Presidential Decree, such as reports, on the electronic information processing program, as prescribed by Ordinance of the Ministry of Environment, such duties are deemed performed. <Amended on Aug. 3, 2007>

(4) The Minister of Environment shall retain electronic information for three years from the date it is recorded. <Newly Inserted on Aug. 3, 2007; Jul. 23, 2010>

(5) The Minister of Environment, the Mayor/Do Governor, or the person who has transmitted an electronically processed record relating to affairs under paragraph (3) may request the head of the electronic information processing organization in writing to provide him or her with the data relevant to the electronically processed records concerned, and the head of the electronic information processing organization shall, upon receipt of such request, then provide such data within the period prescribed by Ordinance of the Ministry of Environment. <Amended on Aug. 3, 2007>

[Title Amended on Aug. 3, 2007]

Article 46(Reporting on Waste Treatment) #

(1) Any of the following persons shall have facilities and equipment meeting the standards prescribed by Ordinance of the Ministry of Environment and file a report thereon with the competent Mayor/Do Governor: <Amended on Jul. 23, 2010>

1. A person who recycles wastes, such as animal or vegetable remnants in a manner that they are used as compost for his or her own farmland, as prescribed by Ordinance of the Ministry of Environment;

2. A person who collects or transports waste papers, steel scrap, or other wastes prescribed by Ordinance of the Ministry of Environment or recycles them in the manner prescribed by Ordinance of the Ministry of Environment, with a place of business of such size as prescribed by Ordinance of the Ministry of Environment;

3. A person who collects or transports waste tires, waste home appliances, or other wastes prescribed by Ordinance of the Ministry of Environment.

(2) If a person who has filed a report on waste treatment intends to modify any of the matters prescribed by Ordnance of the Ministry of Environment, he or she shall file a report thereon with the competent Mayor/Do Governor. <Newly Inserted on Apr. 18, 2017>

(3) A Mayor/Do Governor shall notify a person who has filed a report or a report on modification of whether his or her report is accepted, within 20 days from the date his or her report is received pursuant to paragraph (1) or (2). <Amended on Apr. 18, 2017>

(4) If a Mayor/Do Governor fails to notify a person who has filed a report or a report on modification of whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (3), the report shall be deemed accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017>

(5) A person who has filed a report on waste treatment under paragraph (1) 1 or 2 may collect and transport wastes for recycling without obtaining permission for waste collection and transportation business under Article 25 (3) or filing a report under paragraph (1) 2. <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013>

(6) A person who has filed a report on waste treatment shall comply with the rules prescribed by Ordinance of the Ministry of Environment, such as the treatment of wastes in the manner reported. <Newly Inserted on Aug. 3, 2007; Jul. 23, 2010>

(7) A Mayor/Do Governor may issue an order to close related facilities or to prohibit bring in or treating wastes (hereinafter referred to as "prohibition of treatment") for a period not exceeding six months, if a person who has filed a report on waste treatment falls under any of the following circumstances: <Newly Inserted on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013; Jul. 20, 2015>

1. Where he or she fails to comply with the rules under paragraph (6);

2. Where he or she fails to comply with the standards for and methods of waste treatment under Article 13 or the principles of recycling wastes and matters to be observed under Article 13-2;

3. Where he or she fails to take measures required under the main clause of Article 40 (1);

(8) No person on whom a disposition for closure of facilities has been issued pursuant to paragraph (7) shall file a report on waste treatment under paragraph (1) again within one year from the date such disposition has been issued. <Newly Inserted on Aug. 3, 2007; Jul. 23, 2010>

[Title Amended on Jul. 23, 2010]

Article 46-2(Imposition of Penalty Surcharges on Persons who Have Reported on Waste Treatment) #

(1) Where a person who has filed a report on waste treatment falls under any subparagraph of Article 46 (7) so the competent Mayor/Do Governor shall order him or her to prohibit waste treatment, and the Mayor/Do Governor deems that the prohibition of waste treatment falls under any of the following subparagraphs, the Mayor/Do Governor may impose a penalty surcharge not exceeding 20 million won, in lieu of the prohibition of waste treatment, as prescribed by Presidential Decree: <Amended on Jul. 23, 2010>

1. Where the prohibition of waste treatment concerned prevents a customer of the relevant treatment from entrusting waste treatment to a waste treatment business entity, resulting in wastes accumulated in the customer's place of business, so the customer's business is likely to suffer enormous impediment;

2. Where a health hazard occurs, or is likely to occur, to the neighboring residents due to environmental pollution caused by wastes stored by the person who has filed a report on waste treatment, or wastes left stored by a customer of the relevant treatment;

3. Where it is deemed necessary to allow the waste treatment business entity to continue his or her business due to a natural disaster or any other unavoidable cause.

(2) The amount of a penalty surcharge, based on each type and degree of violation, subject to the imposition of a penalty surcharge under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.

(3) Where a person liable to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Mayor/Do Governor shall revoke the imposition of the penalty surcharge and order the prohibition of treatment under Article 46 (7) or collect the penalty surcharge pursuant to the Act on the Collection of Local Administrative Penalty Charges: Provided, That where it is impracticable to order the prohibition of treatment due to business closure, etc. under Article 37, the penalty surcharge shall be collected in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Nov. 26, 2019; Mar. 24, 2020>

(4) Penalty surcharges collected under paragraph (1) and (3) shall become the revenue of the relevant City/Do, and shall be used only for any of the purposes of use prescribed by Presidential Decree, such as the expansion of multi-regional waste treatment facilities.

[This Article Newly Inserted on Aug. 3, 2007]

[Title Amended on Jul. 23, 2010]

Article 48(Orders to Take Measures for Treatment of Wastes) #

(1) Where improperly treated wastes (referring to wastes treated not in compliance with the standards and methods for waste treatment under Article 13 or the principles of recycling wastes and matters to be observed under Article 13-2 or dumped or buried in violation of Article 8 (1) or (2); hereinafter the same shall apply) are generated, the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order any of the following persons (hereinafter referred to as "person subject to an order to take measures") to change the method of treating such wastes, to suspend the treatment or bringing-in of wastes, or to take other necessary measures for a specified period: <Amended on Jul. 20, 2015; Nov. 26, 2019>

1. A person who has generated improperly treated wastes;

2. A person who entrusts the entrusted person under Article 5 (2) with the installation or operation of a waste treatment facility in which improperly treated wastes have been treated;

3. A person discharging food wastes or an industrial waste discharger who entrusts the treatment of improperly treated wastes under Article 15-2 (3) or 18 (1): Provided, That the same shall apply only where a person who has entrusted waste treatment violates any obligation under Article 15-2 (3) or (5), 17 (1) 3, or 18-2 (3) or is deemed to have other causes attributable to such person;

4. A person who is involved in the process of discharge, collection, transportation, storage, recycling, and disposal of improperly treated wastes from the generation to the final disposal thereof;

5. A person who fails to enter matters concerning the delivery and receipt of wastes and on-site information on waste treatment in the electronic information processing program or enters false information, with regard to improperly treated wastes, in violation of Article 18 (3);

6. A person who requires, requests, or abets a person falling under any of subparagraphs 1 through 5 to commit an act causing the generation of improperly treated wastes, or who cooperates in such act;

7. A person who has succeeded to the rights and obligations pursuant to Article 17 (8) or (9) with respect to an industrial waste discharger falling under subparagraphs 1 through 6;

8. A person who has succeeded to the rights and obligations pursuant to Article 33 (1) through (3) with regard to a waste treatment business entity, a person who has installed a waste treatment facility, or a person who has filed a report on waste treatment falling under subparagraphs 1 through 6;

9. The owner of the land in which improperly treated wastes have been dumped or buried, if the landowner himself or herself has treated such wastes in the land or has allowed another person to use the land for treatment of such wastes.

(2) Where necessary to determine the scope of persons subject to an order to take measures or of an order to take measures under paragraph (1), the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu may seek advice from the waste treatment advisory committee under Article 48-3. <Newly Inserted on Nov. 26, 2019>

(3) Where a person issued with an order to take measures pursuant to paragraph (1) complies with the order at his or her own expense, he or she may exercise a claim for reimbursement regarding the share to be borne by the person issued with an order to take measures on the same ground. <Newly Inserted on Nov. 26, 2019>

(4) Except as provided in paragraphs (1) through (3), matters necessary for the standards, procedures, methods, etc. for orders to take measures shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 26, 2019>

[This Article Wholly Amended on Jul. 23, 2010]

[Title Amended on Nov. 26, 2019]

Article 49(Vicarious Execution) #

(1) Where a person to whom an order has been issued to take a measure under Article 39-2, 39-3, 40 (2) or (3), or 48 fails to comply with such order, the Minister of Environment, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu (hereinafter referred to as "vicarious execution agency") may take such measures vicariously in accordance with the Administrative Vicarious Execution Act and recover the expenses incurred in taking such measures. <Amended on Jul. 23, 2010; Nov. 26, 2019>

(2) Notwithstanding paragraph (1), a vicarious execution agency may perform vicarious execution without issuing an order under Article 39-2, 39-3, 40 (2) or (3), or 48, in any of the following cases. In such cases, the vicarious execution agency may collect expenses from the persons subject to an order under Article 39-2, 39-3, 40 (2) or (3), or 48 (in cases falling under subparagraph 1, referring to the persons subject to the order identified during the procedures for the vicarious execution or after the completion thereof) pursuant to the Administrative Vicarious Execution Act: <Newly Inserted on Nov. 26, 2019>

1. Where the vicarious execution agency is unable to identify a person subject to an order under Article 39-2, 39-3, 40 (2) or (3), or 48;

2. Where the vicarious execution agency identified a person subject to an order under Article 39-2, 39-3, 40 (2) or (3), or 48 but it is deemed that the person is incapable of complying with such order;

3. Where it is necessary for the vicarious execution agency to urgently take all or part of the measures to be ordered, as the leakage of leachate, the outbreak of fire, etc. are likely to cause serious harm to the health of residents or the surrounding environment.

(3) Where a vicarious execution agency issues an order under Article 39-2, 39-3, 40 (2) or (3), or 48 or the procedures for vicarious execution under paragraphs (1) and (2) commence, it may take necessary measures, such as inquiring about property or filing an application for provisional seizure with the court, in order to preserve the right to collection. <Newly Inserted on Nov. 26, 2019>

(4) Where a person falling under Article 48 (1) 1 is identified as a waste treatment business entity or a person who has filed a report on waste treatment, a vicarious execution agency that has conducted vicarious execution under paragraph (1) or (2) may claim expenses incurred in such vicarious execution from the administrative agency having jurisdiction over the waste treatment business entity or the person who has filed a report on waste treatment. In such cases, the administrative agency upon receipt of a claim for expenses may collect the expenses from the person subject to an order to take measures. <Newly Inserted on Nov. 26, 2019>

(5) Except as provided in paragraphs (1) through (4), matters necessary for vicarious execution shall be as prescribed by the Administrative Vicarious Execution Act. <Newly Inserted on Nov. 26, 2019>

Article 50(Follow-Up Management of Waste Treatment Facilities) #

(1) If a person who has installed a waste treatment facility upon obtaining approval for installation or filing a report on installation under Article 29 (2) (including persons who have obtained permission for waste management business under Articles 25) intends to discontinue the operation of the facility installed thereby or close such facility, he or she shall file a report thereon with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. In such cases, where a person intends to discontinue the operation of a landfill facility for wastes or close such facility, he or she shall successfully pass an inspection conducted by an inspection agency under Article 30 (1), as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 1, 2012; Jul. 16, 2013>

(2) Upon receipt of a report pursuant to the former part of paragraph (1), the Minister of Environment shall notify a person who has filed the report of whether his or her report is accepted, within the period prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Apr. 18, 2017>

(3) If the Minister of Environment fails to notify a person who has filed a report or a report on modification of whether his or her report is accepted or whether the processing period is extended pursuant to statutes or regulations related to processing of civil petitions within the period prescribed in paragraph (2), the report shall be deemed accepted on the day following the last day of such period. <Newly Inserted on Apr. 18, 2017>

(4) Where the result of an inspection conducted under paragraph (1) turns out to be a failure, the Minister of Environment may order the person who has installed and operated the relevant facility to improve the facility within a fixed period, as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jan. 20, 2015; Apr. 18, 2017>

(5) Any of the following persons shall implement follow-up management, such as installation and operation of facilities for the treatment of leachate, as prescribed by Ordinance of the Ministry of Environment, in order to prevent such facility from causing hazards to the health or property of residents or its surrounding environment: <Amended on Jan. 20, 2015; Jul. 20, 2015; Apr. 18, 2017>

1. A person who has filed a report under paragraph (1) and discontinues the operation of any of the landfill facilities for wastes prescribed by Presidential Decree or closed down such facility permanently;

2. A person who has received an order to close down the facility permanently pursuant to Article 31 (5) while using landfill facilities for wastes prescribed by Presidential Decree.

(6) A person obligated to implement follow-up management under paragraph (5) shall undergo a periodic inspection conducted by an inspection agency under Article 30 (1) on whether follow-up management has been properly implemented, as prescribed by Ordinance of the Ministry of Environment. In such cases, a waste treatment facility shall be deemed to have passed a periodic inspection if it has undergone a technical diagnosis under Article 13 of the Environmental Technology and Industry Support Act (excluding where a person fails to comply with a request made under Article 13 (3) of the Environmental Technology and Industry Support Act). <Newly Inserted on Jun. 1, 2012; Jan. 20, 2015; Apr. 18, 2017>

(7) If a person obligated to implement follow-up management under paragraph (5) fails to perform his or her obligations properly or fails to pass a periodic inspection conducted under paragraph (6), the Minister of Environment may order the person to take corrective measures within a given period, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jun. 1, 2012; Jan. 20, 2015; Apr. 18, 2017>

(8) If the person to whom an order has been issued under paragraph (7) fails to take any corrective measure within the given period, the Minister of Environment may assign a person prescribed by Presidential Decree to take the corrective measures on behalf of the person, and may spend the performance bond for follow-up management, the performance guarantee insurance money, or the advance reserve for the follow-up management guarantee bond paid under Article 51 or 52 (hereinafter referred to as "performance bond for follow-up management or similar") for expenses incurred in taking such measures. In such cases, if such expenses exceed the amount of the performance bond for follow-up management or similar, the Minister of Environment may collect the excess from the person to whom such order has been issued. <Amended on Jun. 1, 2012; Jan. 20, 2015; Apr. 18, 2017>

Article 51(Performance Guarantee Bond for Follow-up Management of Waste Treatment Facilities) #

(1) If it is found that a landfill facility for wastes subject to follow-up management under Article 50 (5) may cause serious hazards to the health or property of residents or its surrounding environment due to leakage of leachate, etc. after the discontinuance of its operation or permanent closure of the facility, the Minister of Environment may, in order to secure the guarantee for discontinuance of its operation (including permanent closure) and the performance of the follow-up management (hereinafter referred to as "follow-up management, etc."), require the person who installed such facility to deposit all the necessary expenses incurred in relation to follow-up management, etc. in the Environment Reconstruction Special Account under the Framework Act on Environmental Policy, as prescribed by Presidential Decree: Provided, That in any of the following cases, the person may be exempted from the obligation to deposit necessary follow-up management expenses or may be allowed to substitute such deposit of all or some of the follow-up management expenses, as prescribed by Presidential Decree: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jan. 20, 2015; Apr. 18, 2017; May 26, 2020>

1. If the person carries an insurance policy that guarantees the performance of follow-up management;

2. If the person has accumulated a reserve for expenses necessary for follow-up management under Article 52;

3. Other matters prescribed by Presidential Decree.

(2) The expenses that a person who installed a waste landfill facility under paragraph (1) shall deposit (hereinafter referred to as "performance guarantee bond for follow-up management") shall be calculated in accordance with the guidelines prescribed by Presidential Decree, and the time and procedures for the payment of such expenses and other necessary matters shall be prescribed by Presidential Decree.

(3) The performance guarantee bond for follow-up management under paragraph (2) shall be collected in the same manner as delinquent national taxes are collected if it has not been paid on or before the deadline for payment.

(4) If a person who installed a waste landfill facility has completely or partially performed his or her obligations for follow-up management, which he or she is obligated to perform each year, the Minister of Environment shall refund a portion of the performance guarantee bond for follow-up management, equivalent to the amount calculated according to the guidelines prescribed by Presidential Decree in proportion to the amount of his or her performance. <Amended on Aug. 3, 2007; Jul. 23, 2010>

Article 65(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: Provided, That imprisonment with labor and a fine may be imposed concurrently in cases falling under subparagraph 1, 6 or 11: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jun. 1, 2012; Jul. 16, 2013; Jan. 21, 2014; Jan. 20, 2015; Jul. 20, 2015; Apr. 18, 2017; Nov. 26, 2019>

1. A person who buries wastes, in violation of Article 13;

2. A person who prepares a report on environmental assessment of recycling by fraud or other improper means and submits it to the Minister of Environment, in violation of Article 13-3 (3);

3. A person who modifies any significant matters without obtaining designation with modification, in violation of Article 13-4 (2);

4. A person who allows another person to conduct an environmental assessment of recycling by using his or her name or trade name or lends a certificate of designation as an environmental assessment institute, in violation of Article 13-4 (4);

5. A person who conducts an environmental assessment of recycling by using another person's name or trade name or borrows a certificate of designation as an environmental assessment institute;

6. A person who collects, transports, or recycles food wastes among industrial wastes, in violation of Article 15-2 (3);

7. A person who obtains designation or designation with modification as an official test facility of wastes by fraud or other improper means;

8. A person who performs affairs of an official test facility of wastes without obtaining designation or designation with modification under Article 17-2 (1) or (3);

9. An official test facility of wastes that conducts testing and analysis of wastes during a period of business suspension fixed under Article 17-5 (2);

10. An official test facility of wastes that intentionally issues a report on the results of analysis of wastes differently from the fact;

11. A person who treats industrial wastes, in violation of Article 18 (1);

12. Deleted; <Apr. 18, 2017>

13. Deleted; <Apr. 18, 2017>

14. A person who amends permitted matters of waste treatment business without obtaining permission for modification under Article 25 (11);

15. A person who fails to undergo an inspection, in violation of Article 25-2 (6);

16. A person who performs business during a period of business suspension fixed under Article 27;

17. A person who performs business during a period of business suspension fixed under Article 27-2 (2);

18. A person who installs a waste treatment facility without approval, in violation of Article 29 (2);

19. A person who operates a waste treatment facility without an inspection or verification on conformity, in violation of Article 30 (1) through (3);

19-2. A person who obtains designation as an inspection agency for waste treatment facilities under Article 30-2 (1) or designation with modification by fraud or other improper means;

19-3. A person who inspects waste treatment facilities without obtaining designation as an inspection agency for waste treatment facilities under Article 30-2 (1);

20. A person who fails to comply with an order for improvement or for suspension of operation issued under Article 31 (4);

21. A person who fails to comply with an order issued under Article 39-2, 39-3, or 40 (2), (3) or (4) 1;

22. A person who fails to comply with an order to take measures under Article 47 (4);

22-2. A person who fails to comply with an order to suspend bringing in wastes under Article 47-2 (1);

23. A person who fails to comply with an order to take measures under Article 48;

24. A person who discontinues the operation of a landfill facility for wastes or closes down such facility without passing an inspection, in violation of the latter part of Article 50 (1);

25. A person who fails to comply with an order for improvement issued under Article 50 (4);

26. A person who fails to undergo a periodic inspection, in violation of Article 50 (6);

27. A person who fails to comply with an order to take corrective measures issued under Article 50 (7).

Article 66(Penalty Provisions) #

Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Aug 3, 2007; Jul. 23, 2010; Jan. 21, 2014; Jan. 20, 2015; Jul. 20, 2015; Apr. 18, 2017; Apr. 16, 2019; Nov. 26, 2019; Jan. 5, 2021>

1. A person who contaminates the surrounding environment in the course of waste treatment, in violation of Article 13 or 13-2 (excluding a violation of subparagraph 1 of Article 65);

1-2. A person who recycles any wastes in violation of the conditions for approval imposed under Article 13-3 (5);

1-3. A person who fails to comply with an order to take measures under Article 13-5 (5);

2. A person who fails to file a report or who files a false report in violation of Article 46 (1);

3. Deleted; <Aug. 3, 2007>

3-2. A person who fails to comply with the safety standards in violation of Article 14-5 (2);

3-3. A person who fails to take necessary measures, such as entrustment or verification, without complying with the standards and procedures under Article 15-2 (3) or (5) or 17 (1) 3;

4. A person who fails to obtain verification under Article 17 (5) or verification on modification under Article 17 (6) (excluding modification of trade name under subparagraph 1), or who discharges, transports, or treats designated wastes in a manner different from the details verified or the modification made thereto;

4-2. An official test facility of wastes which allows another person to use his or her name in performing any affairs relating to the testing and analysis of wastes or lends its certificate of designation to another person, in violation of Article 17-3 (1);

4-3. An official test facility of wastes which issues, by gross negligence, a waste analysis report, the details of which are different from the fact;

4-4. A person who fails to enter the matters concerning the delivery and receipt of wastes and on-site information on waste treatment or enters false information, in violation of Article 18 (3);

5. Deleted; <Jan. 20, 2015>

6. A person who conducts his or her business in deviation from the type and scope of business under Article 25 (5);

7. A person who breaches a condition under Article 25 (7);

8. A person who allows another person to use his or her name or trade name in waste treatment or who lends his or her permit to another person, in violation of Article 25 (8);

9. A person who fails to comply with the matters to be observed under Article 25 (9): Provided, That the same shall apply only to intent or gross negligence, in cases falling under Article 25 (9) 5;

9-2. A person who fails to obtain registration of modification required under Article 25-2 (1) or who has falsely obtained registration of modification and modifies registered matters;

9-3. A person who lets another person manufacture exclusive containers by using his or her name or trade name or lends his or her certificate of registration to another person, in violation of Article 25-2 (7);

9-4. A person who distributes exclusive containers which fail to meet the standards referred to in Article 25-2 (5), in violation of Article 25-2 (8);

10. A person who installs or operates a waste incineration facility, although the installation of which is prohibited, in violation of Article 29 (1);

11. A person who installs a waste treatment facility without filing a report in violation of Article 29 (2);

12. A person who modifies any of the matters approved without approval for such modification in violation of Article 29 (3);

12-2. A person who modifies any significant matters without obtaining designation with modification, in violation of Article 30-2 (2);

12-3. A person who issues an inspection report on waste treatment facilities by fraud or other improper means, in violation of Article 30-2 (3);

12-4. A person who allows another person to inspect waste treatment facilities by using his or her name or trade name or lends his or her certificate of designation as an inspection agency for waste treatment facilities, in violation of Article 30-2 (4);

12-5. A person who inspects waste treatment facilities by using another person's name or trade name or borrows a certificate of designation as an inspection agency for waste treatment facilities;

13. A person who maintains and manages a waste treatment facility not in compliance with the standards for management under Article 31 (1) and consequently contaminates the surrounding environment;

14. A person who fails to comply with an order to take a measurement or make an assessment under Article 31 (7);

15. Deleted; <Jul. 23, 2010>

16. Deleted; <Jul. 23, 2010>

17. A person who fails to enter the matter to be recorded in a book in the electronic information processing program or makes false entry, in violation of Article 36 (3);

18. A person who fails to file a report under Article 39 (1) or who files a false report;

19. A person who refuses, obstructs, or evades access or inspection under Article 39 (1).

Article 68(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013; Jan. 20, 2015; Jul. 20, 2015; Apr. 18, 2017; Nov. 26, 2019; Aug. 16, 2023>

1. Deleted; <Nov. 26, 2019>

1-2. A person who fails to file a report or files a false report, in violation of Article 15 (3);

1-3. A person who collects, transports, or recycles food wastes, among household wastes, in violation of Article 15-2 (3);

1-4. A person who fails to file a report or files a false report, in violation of Article 17 (2);

1-5. A person who fails to comply with the matters to be observed under Article 17-3 (2) and (3);

1-6. A person (including any specialized institution entrusted with the preparation of hazards information data) who fails to prepare hazards information data, in violation of Article 18-2 (1), or prepares it by deceit or other wrongful means;

1-7. A person who fails to provide hazards information data prepared pursuant to Article 18-2 (1) to an assignee, in violation of paragraph (3) of that Article;

2. Deleted; <Jan. 20, 2015>

3. Deleted; <Nov. 26, 2019>

3-2. A person who fails to file a report on modification under Article 25-2 (1) or modifies any registered matter after filing a false report;

3-3. A person who fails to comply with the matters to be observed under Article 25-2 (8) (excluding cases falling under subparagraph 9-4 of Article 66);

3-4. A person who fails to comply with the matters to be observed regarding an inspection agency for waste treatment facilities under Article 30-2 (5);

4. A person who maintains or manages a waste treatment facility in a manner not in compliance with the guidelines for such management; who fails to take measurements of pollutants; or who fails to examine impacts on the neighboring area, in violation of any provision of Article 31 (1) through (3) (excluding any person who falls under subparagraph 14 of Article 66);

5. A person who fails to appoint a technical manager or fails to enter into a contract for technical management services, in violation of Article 34 (1);

6. A person who fails to comply with an order to submit a report issued under Article 38 (3) (applicable only to persons specified in Article 38 (1) 3 and 4);

6-2. A person who fails to take a measure required under each subparagraph of Article 40 (1);

7. Deleted; <Jul. 23, 2010>

8. A person who fails to comply with an order for renewal issued under Article 40 (8);

9. A person who manufactures or distributes any recycled products or materials, using wastes that fail to meet the hazard criteria, in violation of Article 13-5 (2);

10. A person who continues to treat wastes during a period for which waste treatment is prohibited under Article 46 (7);

11. A person who fails to file a report, in violation of Article 50-2 (2).

(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013; Jan. 20, 2015; Apr. 18, 2017>

1. A person who fails to perform verification required by Article 17 (1) 1;

1-2. Deleted; <Nov. 26, 2019>

1-3. A person who fails to obtain verification on modification of a trade name under Article 17 (6) 1;

2. Deleted; <Aug. 16, 2023>

3. Deleted; <Jul. 20, 2015>

4. Deleted; <Jul. 23, 2010>

5. A person who modifies any reported matter without filing a report on such modification required under Article 17 (2), 25 (11), 29 (3), or 46 (2);

6. A person who fails to notify a delivery number to the competent administrative agency or public officials despite their request, in violation of Article 19 (1);

7. A person who fails to give notice, in violation of Article 19 (2);

8. Deleted; <Aug. 3, 2007>

9. A person who fails to file a report, in violation of Article 37 (1) or to treat all the wastes stored by him or her, in violation of paragraph (4) of that Article;

9-2. A person who fails to submit a report by the deadline required under Article 38 (1) or prepares and submits a false report (limited to persons under Article 38 (1) 3;

9-3. A person who fails to comply with an order to submit a report issued under Article 38 (3) (excluding cases of paragraph (1) 6);

9-4. A person who fails to submit a report referred to in Article 38 (5) until the deadline or submits a false report;

10. A person who fails to renew the performance guarantee insurance policy under Article 40 (7);

11. A person who fails to comply with the rules under Article 46 (6);

12. A person who sells standard waste bags and marks without a contract executed for vicarious implementation under Article 14 (7);

12-2. A person (including any specialized institution entrusted with the preparation of hazards information data) who fails to re-prepare hazards information data even after any significant matter is modified, in violation of Article 18-2 (2), or prepares it by deceit or other wrongful means;

12-3. A person who fails to provide hazards information data re-prepared pursuant to Article 18-2 (2) to an entrusted person, in violation of paragraph (3) of that Article;

12-4. A person who fails to post or keep hazards information data, in violation of Article 18-2 (4).

(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Aug. 3, 2007; Jul. 23, 2010; Jul. 16, 2013; Jan. 20, 2015; Apr. 18, 2017; Nov. 28, 2017; Nov. 26, 2019>

1. A person who dumps, buries or incinerates household wastes, in violation of Article 8 (1) or (2);

2. A person who fails to comply with an order to take a measure, in violation of Article 8 (3);

3. A person who violates Article 15 (1) or (2);

4. A person who fails to comply with the rules prescribed by municipal ordinance, in violation of Article 15-2 (1);

4-2. A person who fails to report his or her plan to restrain the generation of food wastes and properly treat such wastes, in violation of Article 15-2 (2);

4-3. A person who fails to enter information about the delivery and receipt of wastes in the electronic information processing program within a prescribed period or enters inadequate information in the program, in violation of Article 18 (3);

5. A person who commences the operation of a facility without filing a report under Article 29 (4);

6. A person who fails to take a training course or fails to provide an opportunity to take training courses in violation of Article 35 (1) or (2);

7. A person who fails to keep records or retain books under Article 36 (1) or who makes a false entry therein;

7-2. A person who fails to enter the matters to be recorded in a book in the electronic information processing program within the fixed period, in violation of Article 36 (3), or enters them in a misleading manner;

8. A person who fails to submit a report under Article 38 (1) or (2) within a prescribed period or who prepares and submits a false report (excluding persons under paragraph (2) 9-2);

9. A person who fails to submit materials necessary for preparing a report under Article 38 (4) within a prescribed period or who prepares and submits a false report;

10. Deleted; <Nov. 26, 2019>

11. Deleted; <Nov. 26, 2019>

12. A person who fails to submit the original copy of insurance policy under Article 40 (9);

13. A person who fails to notify any modification under Article 40 (10);

14. A person who fails to file a report under Article 50 (1).

(4) Administrative fines referred to in paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, a Mayor/Do Governor, or the head of a Si/Gun/Gu, based on the affairs of his or her respective jurisdiction, as prescribed by Presidential Decree. <Amended on Jun. 1, 2012; Jul. 16, 2013>

(5) Deleted. <Jul. 23, 2010>

(6) Deleted. <Jul. 23, 2010>

(7) Deleted. <Jul. 23, 2010>

WASTES CONTROL ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 2-2(Detailed Classification of Wastes) #

Article 3(Scope of Application) #

Article 3-2(Basic Principles of Waste Management) #

Article 4(Responsibilities of the State and Each Local Government) #

Article 5(Multi-Regional Waste Management) #

Article 5-2(Treatment of Household Waste within Area of Waste Generation) #

Article 5-3(Collection of Cooperation Charges for Inbound Shipping) #

Article 6(Charges for Waste Treatment in Waste Treatment Facilities) #

Article 7(Responsibilities of Citizens) #

Article 8(Prohibition against Dumping Wastes) #

Article 9 #

Article 10 #

Article 11 #

Article 12 #

Article 13(Standards for Waste Treatment) #

Article 13-2(Principles of Recycling Wastes and Matters to Be Observed) #

Article 13-3(Environmental Assessment when Recycling Wastes) #

Article 13-4(Designation of Environmental Assessment Institutes) #

Article 13-5(Hazard Criteria of Recycled Products or Materials) #

Article 14(Treatment of Household Wastes) #

Article 14-2(Imposition of Penalty Surcharges on Persons Authorized to Collect and Transport Household Wastes) #

Article 14-3(Formulation of Plans to Restrain Generation of Food Wastes) #

Article 14-4(Formulation of Plans for Treatment of Daily-Life Hazardous Wastes) #

Article 14-5(Safety Standards for Collecting and Transporting Household Wastes) #

Article 14-6(Agency Business for Specific Items among Household Wastes) #

Article 14-7(Separate Sentence of Punishment of Fines) #

Article 15(Cooperation of Household Waste Dischargers in Treatment) #

Article 15-2(Obligations of Persons Discharging Food Wastes) #

Article 16(Conclusion of Agreements) #

Article 17(Obligations of Industrial Waste Dischargers) #

Article 17-2(Designation of Official Test Facilities of Wastes) #

Article 17-3(Matters to Be Observed by Professional Waste Analysis Agencies) #

Article 17-4(Evaluation of Official Test Facilities of Wastes) #

Article 17-5(Revocation of Designation of Official Test Facilities of Wastes) #

Article 18(Treatment of Industrial Wastes) #

Article 18-2(Obligations to Prepare and Provide Hazards Information Data) #

Article 19(Obligations of Industrial Waste Treatment Business Entities) #

Article 20 #

Article 21 #

Article 22 #

Article 23 #

Article 24 #

Article 24-2 #

Article 24-3 #

Article 25(Waste Treatment Business) #

Article 25-2(Exclusive Container Manufacturing Business) #

Article 25-3(Conformity Confirmation of Waste Treatment Business) #

Article 25-4(Special Cases concerning Treatment of Medical Wastes) #

Article 26(Grounds for Disqualification) #

Article 26-2(Separate Sentence for Punishment of Fine) #

Article 27(Revocation of Permission) #

Article 27-2(Revocation of Registration of Exclusive Container Manufacturing Business) #

Article 28(Imposition of Penalty Surcharges on Waste Treatment Business Entities) #

Article 29(Installation of Waste Treatment Facilities) #

Article 30(Inspection of Waste Treatment Facilities) #

Article 30-2(Designation of Inspection Agency for Waste Treatment Facilities) #

Article 31(Management of Waste Treatment Facilities) #

Article 32(Constructive Permissions or Reports under Other Statutes or Regulations) #

Article 33(Succession to Rights and Obligations) #

Article 34(Technical Manager) #

Article 35(Training Courses for Persons in Charge of Waste Treatment and Relevant Persons) #

Article 36(Keeping of Books and Records) #

Article 37(Reporting on Shutdown or Closure of Business) #

Article 38(Submission of Reports) #

Article 39(Reporting and Inspection) #

Article 39-2(Issuance of Order for Treatment of Wastes to Waste Dischargers) #

Article 39-3(Issuance of Order for Treatment of Wastes to Waste Treatment Business Entities) #

Article 40(Treatment of Abandoned Wastes by Waste Treatment Business Entities) #

Article 41(Establishment of Mutual Aid Associations for Waste Treatment Business) #

Article 42(Affairs of Association) #

Article 43(Contributions) #

Article 44(Application Mutatis Mutandis of the Civil Act) #

Article 45(Electronic Processing of Waste Delivery and Receipt) #

Article 46(Reporting on Waste Treatment) #

Article 46-2(Imposition of Penalty Surcharges on Persons who Have Reported on Waste Treatment) #

Article 47(Measures for Retrieving Wastes) #

Article 47-2(Orders to Suspend Bringing In Wastes) #