Article 37(Delegation of Authority) #
(1) Pursuant to Article 62 (1) of the Act, the Minister of Environment shall delegate his or her authority to the relevant Mayor/Do Governor over the following affairs: <Amended on Dec. 28, 2007; Jul. 29, 2008; Jun. 28, 2010; Jan. 21, 2011; Sep. 7, 2011; May 28, 2013; Jan. 14, 2014; Jan. 19, 2016; Oct. 17, 2017; Jan. 16, 2018; May 19, 2020; Jun. 14, 2022; Aug. 13, 2024; Nov. 5, 2024>
1. Authority to make a request for submission of data and for corrective measures, and inspect and ascertain compliance with standards under Article 14 (9) of the Act;
2. Authority to conduct the following affairs with respect to persons who discharge, transport, or treat the designated wastes generated from any place other than the places of business that install and operate the emission or discharge facilities pursuant to the Clean Air Conservation Act, the Water Environment Conservation Act, or the Noise and Vibration Control Act (limited to the factories under the Industrial Cluster Development and Factory Establishment Act), as defined in subparagraph 3 of Article 2 of the Act; medical wastes generated from any institution other than the general hospitals defined in Article 3 (2) 3 (f) of the Medical Service Act (hereinafter referred to as "general hospitals"); and designated wastes jointly collected and transported pursuant to the proviso, with the exception of the subparagraphs, of Article 17 (5) of the Act:
(a) To verify documents and modifications to such documents under Article 17 (5) and (6) of the Act;
(b) To issue an order to submit a report under Article 38 (3) of the Act;
(c) To issue an order to submit a report or data, and conduct an inspection under Article 39 of the Act;
(d) To issue an order to take measures under Article 48 (1) of the Act and to request advice under paragraph (2) of that Article;
(e) To impose and collect penalty surcharges under Article 48-5 of the Act;
(f) To perform vicarious execution, collect expenses therefor, and take other necessary measures under Article 49 of the Act;
3. Authority to take the following measures in relation to the waste treatment facilities under Article 29 (2) of the Act [excluding the multi-regional waste treatment facilities under Article 5 (1) of the Act, which have been installed jointly by at least two local governments, such as the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces (hereinafter referred to as "Cities/Dos") or Sis/Guns/Gus of at least two Cities/Dos, and the waste treatment facilities for any designated wastes other than medical wastes generated from any institution other than general hospitals]:
(a) To grant approval for installation and accept reports on installation pursuant to Article 29 (2) of the Act;
(b) To grant approval for modifications and accept reports on modifications pursuant to Article 29 (3) of the Act;
(c) To comply with matters relating to waste treatment facilities installed by schools, research institutes, etc. for the purpose of testing and research pursuant to Article 29 (2) 1 of the Act;
(d) To consult with the heads of relevant administrative agencies pursuant to Article 32 (1) through (4) of the Act;
(e) To receive applications for permission or reporting under the provisions of Article 33 (1) through (3) of the Act, to determine and notify of whether the permission is granted or the report is accepted under paragraph (4) of that Article, to notify under paragraph (5) of that Article, and to request cooperation under paragraph (7) of that Article;
4. Authority to take the following measures in relation to the waste treatment facilities installed by waste treatment business entities under Article 25 (3) of the Act (excluding the waste treatment business entities specializing in designated wastes) and the waste treatment facilities under subparagraph 3:
(a) To accept reports on the outcomes of measurement of pollutants pursuant to Article 31 (2) of the Act;
(b) To accept reports on the outcomes of assessment of impacts on neighboring areas pursuant to Article 31 (3) of the Act;
(c) To issue an order to improve, suspend the operation of, or close down a waste treatment facility pursuant to Article 31 (4) and (5) of the Act;
(d) To designate a person who vicariously takes procedures for the closedown of a landfill facility for wastes and collect expenses therefor pursuant to Article 31 (6) of the Act;
(e) To issue an order to take measurement of pollutants or conduct an assessment of impacts on neighboring areas pursuant to Article 31 (7) of the Act;
(f) To disclose to the public the outcomes of measurement of pollutants and assessment of impacts on neighboring areas pursuant to Article 31 (10) of the Act;
(g) To accept reports, issue orders to take corrective measures, designate a person who shall vicariously perform, and collect expenses therefor pursuant to Article 50 of the Act;
(h) Receipt of reports on succession to the obligations relating to follow-up management under Article 50-2 (2) of the Act;
(i) To require a notice of the deposit, collection, return, etc. of the performance guarantee bond for follow-up management pursuant to Article 51 of the Act;
(j) To require a notice of the accumulation of the performance guarantee bond for follow-up management pursuant to Article 52 of the Act and the return of a difference;
(k) To place restrictions on use of land pursuant to Article 54 of the Act;
(l) To recognize a facility as the one exempt from follow-up management pursuant to the proviso of Article 24;
(m) To notify a facility subject to pay the performance guarantee bond for follow-up management pursuant to Article 26 (1);
(n) To accept a statement of expenses pursuant to Article 26 (2);
(o) To determine expenses for follow-up management and a period for the payment, and dispatch a notice to demand the payment of the performance guarantee bond for follow-up management pursuant to Article 26 (3);
(p) To receive an insurance policy for the performance of follow-up management under Article 28;
(q) To receive a collateral under Article 29 (1);
(r) To sell a collateral, set off proceeds from the sale against expenses for follow-up management, and return the proceeds under Article 29 (2);
(s) To determine the performance ratio of follow-up management pursuant to subparagraph 2 of Article 31;
(t) To receive a written claim to return the performance guarantee bond for follow-up management under Article 32 (1);
(u) To determine the amount to be returned pursuant to Article 32 (2);
(v) To accept a plan for accumulation of the advance reserve pursuant to Article 33 (2);
(w) To dispatch a notice to demand the payment of the advance reserve pursuant to Article 33 (3);
(x) To appropriate and return of expenses required for the receipt, sale, follow-up management, etc. under Article 33-2;
(y) To accept a land use plan pursuant to Article 35 (2);
(z) To determine and notify the purpose of use of land pursuant to Article 35 (3), the period during which the use is restricted, etc.;
5. Authority to hold hearings on the authority delegated among those under any subparagraph of Article 61 of the Act;
6. Authority to impose and collect administrative fines pursuant to Article 68 of the Act with respect to the delegated authority.
(2) Pursuant to Article 62 (1) of the Act, the Minister of Environment shall delegate his or her authority to take the following measures to the head of a river basin environmental office or the head of a regional environmental office: <Amended on Jul. 29, 2008; Sep. 7, 2011; May 28, 2013; Jan. 19, 2016; Oct. 17, 2017; May 19, 2020; Nov. 5, 2024>
1. Authority to take measures under each item of paragraph (1) 2 in relation to any person, other than those under paragraph (1) 2;
1-2. Authority to issue an order under Article 39-2 of the Act to a person who discharges industrial wastes, except persons under paragraph (1) 2, to treat wastes properly;
1-3. Authority to inspect whether a person complies with the Hazard Criteria under Article 13-5 (3) of the Act and to issue an order under Article 13-3 (5) of the Act to take measures;
1-4. Deleted; <Oct. 17, 2017>
1-5. Deleted; <Oct. 17, 2017>
1-6. Deleted; <Oct. 17, 2017>
2. Authority to take the following measures in relation to a waste treatment business specializing in designated wastes:
(a) To receive and examine a report on a waste treatment business plan and notify whether such plan is acceptable pursuant to Article 25 (1) and (2) of the Act;
(b) To grant permission or permission for modification, accept a report on modification, extension of permission or attach conditions, and receive relevant documents pursuant to Article 25 (3), (4), (7), (11), and (15) of the Act;
(c) To receive application for conformity confirmation pursuant to Article 25-3 (2) of the Act, to verify and notify of the conformity, to request submission of data or measures pursuant to paragraph (5) of that Article;
(d) To issue order of disposal pursuant to Article 25-4 of the Act;
(e) To revoke permission and issue an order to suspend business pursuant to Article 27 of the Act;
(f) To issue a disposition for penalty surcharges pursuant to Article 28 of the Act;
(g) To consult with the heads of relevant administrative agencies pursuant to Article 32 (1) through (4) of the Act;
(h) To receive applications for permission or reporting under the provisions of Article 33 (1) through (3) of the Act, to determine and notify of whether the permission is granted or the report is accepted under paragraph (4) of that Article, to notify under paragraph (5) of that Article, and to request cooperation under paragraph (7) of that Article;
(i) To issue an order to treat wastes pursuant to Article 39-3 of the Act;
(j) To issue an order under Article 40 (2) or (3) of the Act to treat wastes;
(k) To take measures pursuant to Article 40 (4) of the Act;
(l) To issue an order to renew an insurance policy for performance guarantee pursuant to Article 40 (8) of the Act;
(m) To receive the original copy of an insurance policy pursuant to Article 40 (9) of the Act;
(n) To receive notices pursuant to Article 40 (10) of the Act;
(o) To issue order to suspend bringing in wastes pursuant to Article 47-2 (1) through (3) of the Act, to receive application for resumption of bringing in wastes, and to notify of whether to resume brining in wastes;
(p) To notify pursuant to Article 48-4 (2) of the Act (limited to matters relating to delegated authority);
(q) Deleted; <Jul. 29, 2008>
3. Authority to take the following measures regarding any facility, other than the waste treatment facilities under paragraph (1) 3:
(a) To grant approval for installation and accept reports on installation pursuant to Article 29 (2) of the Act;
(b) To grant approval for modifications and accept reports on modifications pursuant to Article 29 (3) of the Act;
(c) To consult with the heads of relevant administrative agencies pursuant to Article 32 (1) through (4) of the Act;
(d) To receive applications for permission or reporting under the provisions of Article 33 (1) through (3) of the Act, to determine and notify of whether the permission is granted or the report is accepted under paragraph (4) of that Article, to notify under paragraph (5) of that Article, and to request cooperation under paragraph (7) of that Article;
4. Authority to take measures under paragraph (1) 4 regarding waste treatment facilities installed by waste treatment business entities specializing in designated wastes and the waste treatment facilities under subparagraph 3 of this paragraph;
4-2. The following authority concerning exclusive container manufacturing business prescribed in Article 25-2 of the Act:
(a) Acceptance of registration, modification of registration, and reports on modification under Article 25-2 (1) of the Act;
(b) Revocation of registration and order to suspend business under Article 27-2 of the Act;
5. Authority to hold hearings on the authority delegated among those under any subparagraph of Article 61 of the Act;
6. Authority to impose and collect administrative fines pursuant to Article 68 of the Act with respect to the delegated authority.
(3) Pursuant to Article 62 (1) of the Act, the Minister of Environment shall delegate his or her authority over the following matters to the president of the National Institute of Environmental Research: <Added on Jan. 14, 2014; Jan. 19, 2016; Jul. 19, 2016; Nov. 24, 2020>
1. Approval for recycling based on environmental assessment of recycling conducted pursuant to Article 13-3 of the Act, imposition of conditions for approval, and revocation of approval;
2. The following authority over environmental assessment institutes under Article 13-4 of the Act:
(a) Designation and designation with modification under Article 13-4 (1) and (2) of the Act;
(b) Periodic examination under Article 13-4 (5) of the Act;
(c) Revocation of designation and issuance of orders to suspend business under Article 13-4 (6) of the Act;
3. Investigation, test, analysis, etc. for formulating Hazard Criteria of recycled products or materials under Article 13-5 (1) of the Act;
4. The following authority over official test facilities of wastes under Article 17-2 of the Act:
(a) Designation, modified designation, and public announcement of the details thereof, under Article 17-2 of the Act;
(b) Evaluation of waste testing and analysis capabilities under Article 17-4 of the Act;
(c) Revocation of designation, issuance of orders to suspend business, and public announcement of the details thereof, under Article 17-5 of the Act;
(d) Receipt of reports submitted under Article 38 (5) of the Act;
(e) Request to submit reports or data and inspection under Article 39 of the Act;
(f) Public notice of fees for testing and analysis of wastes under Article 59 (2) of the Act;
(g) Deleted; <Jul. 19, 2016>
5. The following authority over inspection agencies for waste treatment facilities under Article 30-2 (1) of the Act:
(a) Designation and designation with modification of an inspection agency for waste treatment facilities under Article 30-2 (1) and (2) of the Act;
(b) Public notification of the inspection standards and methods under Article 30-2 (3) of the Act;
(c) Periodic examination under Article 30-2 (6) of the Act;
(d) Revocation of designation and order to suspend business under Article 30-2 (7) of the Act;
(e) Request to submit reports or data and inspection under Article 39 of the Act;
6. Hearing on the delegated authority among the authorities under the subparagraphs of Article 61 of the Act;
7. Imposition, collection, etc. of an administrative fine under Article 68 of the Act on the delegated authority.