Article 81(Delegation of Authority) #
(1) The Minister of Environment shall delegate his or her authority over the following affairs to the Mayor/Do Governor pursuant to Article 74 (1) of the Act: <Amended on Jan. 17, 2012; Jul. 5, 2012; Jan. 28, 2014; May 26, 2015; Jan. 17, 2017; Oct. 15, 2019; Nov. 24, 2020; Nov. 23, 2021>
1. Investigation of wastewater discharge facilities about their vulnerability to climate change; and recommendations on the improvement thereof under Article 19-4 (1) of the Act;
1-2. Deleted; <Nov. 24, 2020>
2. Permission to install discharge facilities, acceptance of reports thereon, and permission to install wastewater non-discharge facilities under Article 33 (1) of the Act; permission to alter discharge facilities, acceptance of reports thereon; and permission to alter wastewater non-discharge facilities under paragraphs (2) and (3) of the same Article;
3. Revocation of permission and permission for alteration, closure orders, orders to make improvements; and orders to suspend operation under Article 35 (3) of the Act;
4. Acceptance of reports on the startup operation of discharge facilities and prevention facilities under Article 37 (1) of the Act; inspection and entrustment of testing of pollution levels under paragraph (3) of the same Article; and inspection of wastewater non-discharge facilities under paragraph (4) of the same Article;
5. Recognition of the dilution treatment of water pollutants under the proviso of Article 38 (1) 3 of the Act;
6. Issuance of disposition orders (excluding disposition orders issued to persons who install and operate public wastewater treatment facilities and public sewage treatment facilities) under Article 38-4 (1) of the Act;
7. Issuance of orders to suspend operation (excluding orders to suspend operation issued to persons who install and operate public wastewater treatment facilities and public sewage treatment facilities) under Article 38-4 (2) of the Act;
8. Issuance of improvement orders under Article 39 of the Act;
9. Issuance of orders to suspend the operation of discharge facilities under Article 40 of the Act;
10. Imposition and collection of effluent charges (excluding the effluent charges for public wastewater treatment facilities and public sewage treatment facilities) under Article 41 of the Act;
11. Revocation of permission; and issuance of closure orders or orders to suspend operation under Article 42 of the Act;
12. Imposing and collecting penalty surcharges under Article 43 of the Act;
13. Issuance of orders to suspend or close the use of illegal facilities under Article 44 of the Act (including cases to which such provision applies mutatis mutandis under Article 60 (9) of the Act);
14. Acceptance of reports on performance of orders, confirmation, and instruction and entrustment of testing of pollution levels under Article 45 of the Act;
15. Deleted; <Jan. 28, 2014>
16. Acceptance of reports on installation of other water pollution sources or reports on the alteration thereof under Article 60 (1) of the Act;
17. Issuance of orders for improvement under Article 60 (7) of the Act;
18. Issuance of orders to suspend operation or orders for closure under Article 60 (8) of the Act;
19. Ascertaining the use of pesticides under Article 61 (2) of the Act;
20. Permission, permission for change or a report on change of wastewater treatment business and registration of any alteration under Article 62 (1) of the Act;
20-2. Receipt of a report on the inspection result under Article 62-2 (2) of the Act;
20-3. Issuance of orders for necessary measures, such as improvement and suspension of the use, under Article 62-2 (3) of the Act;
21. Revocation of permission and business suspension of a wastewater treatment business under Article 64 of the Act;
22. Imposition and collection of penalty surcharges under Article 66 of the Act;
23. Issuance of orders to the persons referred to in Article 68 (1) 1, 4 and 5 of the Act to file reports or submit data, access, collection and inspection;
24. Requests for testing of pollution levels under Article 68 (2) of the Act;
25. Hearings on the delegated authority among the authority provided for in the subparagraphs of Article 72 of the Act;
26. Imposition and collection of administrative fines under Article 82 of the Act (excluding administrative fines provided for in Article 82 (1) 5, (2) 4-2, 5, 7, and 8 of the Act; and only applicable to administrative fines provided for in paragraph (2) 3 and 4 of the aforesaid Article, which are imposed on any person referred to in Article 38-2 (1) 1 or 2 of the Act; and administrative fines provided for in Article 82 (3) 6 of the Act, which are imposed on any person referred to in Article 68 (1) 1, 4, and 5 of the Act and any person entrusted with the business affairs of the Mayor/Do Governor among the persons referred to in subparagraph 6 of the aforesaid paragraph);
27. Acceptance of applications for extension of the improvement period under Article 39 (2);
28. Receipt and confirmation of improvement plans or improvement completion reports; entrustment of the testing of pollution levels; and acceptance of applications for extension of the improvement period under Article 40 (excluding the improvement of public wastewater treatment facilities and public sewage treatment facilities);
29. Requests for submission; and receipt of data relating to the calculation of the quantity discharged below the criteria under Article 44 (1);
30. Adjustment of the quantity discharged below the criteria under Article 50;
31. Requests for submission of documents and testing of pollution levels under Article 51;
32. Acknowledgement of discharge facilities under subparagraph 2 of Article 58.
(2) The Minister of Environment shall delegate his or her authority over the following affairs to the head of a river basin environmental office or the head of a regional environmental office pursuant to Article 74 (1) of the Act: <Amended on Jan. 17, 2012; Jul. 5, 2012; Jan. 28, 2014; May 26, 2015; Jan. 17, 2017; Jan. 16, 2018; Oct. 15, 2019; Nov. 23, 2021>
1. Granting approval of action plans for the total pollution load management and approval for any alteration to such plans under Article 4-4 (1) of the Act and the consultation on the action plans under Article 6 (3);
2. Allocation of the pollution loads and the designation of discharge quantities under Article 4-5 (1) of the Act;
3. Issuance of disposition orders under Article 4-6 (1) of the Act;
4. Issuance of orders to suspend operation or orders to close facilities under Article 4-6 (4) of the Act;
5. Imposition of penalty surcharges under Article 4-6 (5) of the Act;
6. Imposition and collection of penalty surcharges for excess of the total pollution load under Article 4-7 (1) of the Act;
7. Installation of measuring networks and the regular measurement of the levels of water pollution under Article 9 (1) of the Act;
8. Requests to take measures under Article 12 (2) of the Act;
8-2. Investigation of non-point pollution reduction facilities and public wastewater treatment facilities about their vulnerability to climate change, and recommendation of the improvement thereof under Article 19-4 (1) of the Act;
9. Issuance and cancellation of water pollution warnings under Article 21 of the Act;
9-2. Consultation on plans to install and operate buffer storage facilities and on any alteration to such plans under Article 21-4 (2) of the Act;
9-3. Issuance of orders to take special measures; requests or orders to take measures to prevent damage under Article 21-5 (1) of the Act;
10. Deleted. <Oct. 15, 2019>
11. Establishment of plans for the small area of influence under Article 27 (1) of the Act;
11-2. Formulation and implementation of restoration plans under Article 27-2 (1) of the Act; approval of the restoration plans (including approval of alteration) under paragraph (4) of the aforesaid Article; and consultation about action plans for the restoration plans (including consultation about alteration) under paragraph (5) of the aforesaid Article;
12. Deleted; <Nov. 23, 2021>
13. Deleted; <Jan. 17, 2017>
13-2. Adjustment of cost apportionment agreements under Article 31 (3) of the Act;
14. Setting of the permissible discharge limits for discharging facilities in special-measures areas and special permissible discharge limits for discharging facilities newly installed therein under Article 32 (6) of the Act;
14-2. Setting and public notification of the permissible discharge limits under Article 32 (9) of the Act;
15. Deleted; <May 26, 2015>
16. Disposition orders issued under Article 38-4 (1) of the Act to persons who establish and operate the public wastewater treatment facilities or public sewage treatment facilities;
16-2. Registration of measuring instrument management services and any alteration to such registration under Article 38-6 (1) of the Act;
16-3. Revocation of registration of measuring instrument management services and suspension of business under Article 38-9 (1) of the Act;
16-4. Evaluation and public announcement of measuring instrument management agencies’ capabilities to provide management services under Article 38-10 (1) of the Act, and receipt of data, such as performance reports on the provision of measuring instruments management services under paragraph (2) of the aforesaid Article;
17. Imposition and collection of effluent charges with regard to public wastewater treatment facilities and public sewage treatment facilities under Article 41 of the Act;
17-2. Receipt of the results of examination of the discharge quantity of specific substances harmful to water quality under Article 46-2 of the Act;
18. Granting approval of the master plans for public wastewater treatment facilities under Article 49 (2) and (3) of the Act (including approval for any alteration to such plans) and designation and publication of the public wastewater treatment area;
19. Granting approval of cost apportionment plans and any alteration to such plans under Article 49-2 (2) and (3) of the Act (excluding where the operator is the State);
19-2. Evaluation on the operation and management of public wastewater treatment facilities under Article 50 (3) of the Act and payment of prize money under paragraph (5) of the aforesaid Article;
20. Issuance of disposition orders, such as making improvements of facilities under Article 50 (4) of the Act, and acceptance of applications for extension of the improvement period under Article 70 (2);
20-2. Receipt of findings of technical diagnoses on public wastewater treatment facilities under Article 50-2 (1) of the Act;
21. Acceptance of reports on the installation of non-point sources of pollution and any alteration to such reports under Article 53 (1) of the Act and recognition of the excess of permissible discharge limits under Article 74;
22. Issuance of orders to implement plans for reducing non-point source pollution or orders to install or improve non-point pollution reduction facilities under Article 53 (7) of the Act; acceptance of applications for extension of orders for implementation, etc. under Article 75 (2); acceptance of reports on implementation and confirmation on the status of implementation under paragraphs (3) and (4) of the aforesaid Article;
22-2. Receipt and review of evaluation reports; and requests to supplement or alter the action plans under Article 56 (2) and (3) of the Act;
22-3. Acceptance of reports on water play facilities (including reports on alterations) under Article 61-2 (1) of the Act, and verification as to whether water quality standards and management standards referred to in paragraph (2) of the aforesaid Article are complied with;
23. Issuance of orders to file reports or submit data, access, collection and inspections under Article 68 (1) 2, 2-2, 3 and 4-2 of the Act;
24. Hearings on the delegated authority among the authority provided for in the subparagraphs of Article 72 of the Act;
25. Imposition and collection of administrative fines under Article 82 (1) 3-4, 3-5, and 5, (2) 3, 4, 4-2, 5, 7, and 8, and (3) 6 of the Act (only applicable to administrative fines provided for in Article 82 (2) 3 and 4 of the Act, which are imposed on any person referred to in Article 38-2 (1) 3 of the Act, and administrative fines provided for in Article 82 (3) 6 of the Act, which are imposed on any person referred to in Article 68 (1) 2, 2-2, 3 and 4-2 of the Act);
26. Receipt and confirmation of improvement plans and improvement completion reports, requests for the testing of pollution levels, and acceptance of applications for extension of the improvement period under Article 40 (limited to the improvement of public wastewater treatment facilities and public sewage treatment facilities).
(3) The Minister of Environment shall delegate the following authority to the president of the National Institute of Environmental Research pursuant to Article 74 (1) of the Act: <Newly Inserted on Jan. 28, 2014; Jan. 16, 2018; Oct. 15, 2019; Nov. 24, 2020; Nov. 23, 2021>
1. Installation of measurement networks and regular measurements of the level of water pollution under Article 9 (1) of the Act;
2. Examination of the current status of aquatic ecosystems under Article 9-3 (1) of the Act;
3. Health assessment of aquatic ecosystems and disclosure of the results thereof under Article 9-3 (3) of the Act;
4. Preparation of methods and procedures for examining the continuity of aquatic ecosystems and establishment of the criteria for discontinuity of and damage to the aquatic ecosystems under Article 22-2 (1) of the Act;
5. Calculation of the amount of flow for environmental ecology under Article 22-3 (1) and (3) of the Act;
5-2. Survey, measurement, and analysis under Article 28 (1) of the Act;
6. Verification of the results of examination of the discharge quantity under Article 46-2 (2) of the Act;
6-2. Operation of a forecast system for algal bloom and provision of forecast information under Article 28 (5);
6-3. Research and study for formulating management measures for non-point pollution sources under Article 55 (1) of the Act;
7. Surveys and research for establishing the medium and long-term water cycle goals under Article 75-3 (3).