Enforcement Rules of the Water Environment Conservation Act

영문법령 불러오는 중…

Enforcement Rules of the Water Environment Conservation Act — 법갈피

Article 11(Application and Standards for Approval of Master Plans for Total Pollution Load Management) #

Where a Mayor/Do Governor intends to obtain approval for the master plan for total pollution load management (hereinafter referred to as the “master plan for the total pollution load management”) under Article 4-3 (1), he/she shall submit the master plan for the total pollution load management accompanied by the following documents to the Minister of Environment:

1. River basin environment survey and analysis data;

2. Data analysis of the natural increase and decrease of pollution sources;

3. Data on the past and future plans for regional development;

4. Data used to calculate the pollution load;

5. Data used to develop plans to reduce the pollution load;

(2) The requirements for granting approval of the master plan for the total pollution load management under Article 4-3 (2) shall be as follows:

1. The pollution load shall be adequately calculated;

2. The plan to reduce the pollution load shall achieve the target water quality to be achieved by the total pollution load control;

3. The master plan for the total pollution load management shall be formulated every 10 years from the year during which the plan must be formulated under subparagraph 4 of Article 4 of the Decree.

(3) The Minister of Environment who has received the application to approve the master plan for the total pollution load management shall request the head of the National Institute of Environmental Research to review the plan within seven days from the date of application.

(4) The head of the National Institute of Environmental Research who has been requested to review under paragraph (3) shall notify his or her opinion within 60 days of the request for review: Provided, That where the submission of data is demanded under paragraph (5) or under other compelling circumstances, the period may be extended by up to 60 days.

(5) The head of the National Institute of Environmental Research may, if necessary, demand the relevant Mayor/Do Governor and the head of a Si/Gun to submit pertinent data to review the master plan for the total pollution load management.

Article 13(Approval Procedures and Standards for Action Plan for the Total Pollution Load Management) #

The head of a local government in charge of the total pollution who is required to formulate the action plan for the total pollution load management as he or she falls under the subparagraphs of Article 12 (1) shall formulate the action plan for the total pollution load management within one year from the date of notification made pursuant to Article 12 (1) and apply for approval to the head of a river basin environmental office, the head of a regional environment office, or Do Governor.

(2) The head of a river basin environmental office, the head of a regional environment office, or Do Governor who has received the application under paragraph (1) shall approve the action plan for the total pollution load management if the following standards are satisfied:

1. The pollution load shall be appropriately assigned by pollution source according to the reduction plan for pollution load as prescribed under the master plan for the total pollution load management;

2. The time period to reduce the pollution load for each pollution source shall be appropriately designated according to the reduction plan for pollution load as prescribed under the master plan for the total pollution load management;

3. The action plan for the total pollution load management shall cease to be effective in the same manner as in the master plan for the total pollution load management;

4. Other matters set out in the master plan for the total pollution load management shall be appropriately reflected.

(3) The provisions specified from Article 11 (3) through (5) shall apply mutatis mutandis to the review procedures of the action plan for the total pollution load management. In this case, the master plan for the total pollution load management shall be deemed as the action plan for the total pollution load management and the Minister of Environment shall be deemed as the head of a river basin environmental office, the head of a regional environment office, or Do Governor.

(4) Where a Do Governor has approved the action plan for the total pollution load management under paragraph (2), he or she shall submit a copy of the action plan for the total pollution load management to the head of a river basin environmental office or the head of a regional environment office within 14 days from the date of approval.

Article 15(Method of Allocating Pollution Loads or Designating Discharge Quantity, Etc.) #

(1) The head of a river basin environmental office or the head of a regional environment office shall approve the action plan for the total pollution load management pursuant to Article 13 (2) or allot the pollution load or designate the discharge quantity under attached Form 1 for the facilities under Article 8 as prescribed by the action plan for the total pollution load management within 30 days from the date of receipt of the action plan for the total pollution load management under paragraph (4) of the same Article: Provided, That facilities installed after the action plan for the total pollution load management is approved shall allot the pollution load or designate the discharge quantity when permitting, authorizing, or reporting the installation under the action plan for the total pollution load management.

(2) Any person who has been allotted pollution load or designated discharge quantity pursuant to paragraph (1) (hereinafter referred to as “business entity, etc. who has been allotted pollution load”) shall submit the following data to the head of a river basin environmental office or the head of a regional environment office within 60 days prior to the implementation of the allotted pollution load or the designated discharge quantity.

1. Specification of the discharge quantity by final discharge outlet calculated under the standard in attached Table 8;

2. Statements of facility improvement and statements attached to measuring instruments to comply with the assigned pollution load or designated discharge quantity.

(3) The head of a river basin environmental office or the head of a regional environment office shall designate an additional discharge quantity for each final discharge outlet and notify thereof according to attached Form 2 for the person whose discharge quantity of water pollutants is deemed to have exceeded the notified allotted pollution load under paragraph (1) as a result of the review of the data submitted under paragraph (2) to ensure that he or she complies with the allotted pollution load.

Article 17(Disposition Order, Etc.) #

(1) Where the head of a river basin environmental office or the head of a regional environment office intends to issue a disposition order under Article 4-6 (1) of the Act, he or she shall issue a written order containing the degree of excess of the pollution load and discharge quantity, details of the disposition order, matters to consider when implementing order, and implementation period among others.

(2) The implementation period of the disposition order under paragraph (1) shall not exceed one year on account of the facility improvement or the installation period.

(3) A person who has been issued a disposition order under paragraph (1) shell fill out and submit an improvement plan within 60 days of the order to the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management and comply with the order in line with the said improvement plan: Provided, That if he or she is unable to fulfill the disposition order within the said implementation period under paragraph (2) due to a natural disaster or other circumstances deemed to constitute compelling cause, he or she may apply for the extension of the implementation period by up to six months to the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management.<Amended on Jan. 19, 2017>

(4) A person who has been ordered to suspend or close operations under Article 4-6 (1) of the Act shall submit an implementation report in attached Form 3 to the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management.

(5) Upon receipt of the implementation report under paragraph (4), the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management shall have the relevant public official to verify the implementation status of the order or the completion of measures without delay, collect samples, if deemed necessary, and request water analysis to the following water analysis agencies: <Amended on Jan. 19, 2012>

1. National Institute of Environmental Research and organizations affiliated thereto;

2. Research institute of public health and environment in metropolitan cities and provinces;

3. Korea Environment Corporation (hereinafter referred to as the “Korea Environment Corporation”) and business establishments affiliated thereto under the Korea Environment Corporation Act;

4. Other analysis agencies deemed by the Minister of Environment.

Article 19(Notification of Payment of Penalty Surcharges for Excess of Total Pollution Load, Etc.) #

(1) To notify the payment of the penalty surcharge for excess of total pollution load under Article 11 (1) of the Decree, the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management shall notify the person required to make payment with the payment notice under attached Form 4 accompanied by the calculation statement of the penalty surcharge for excess of total pollution load under attached Form 5.<Amended on Jan. 17, 2018>

(2) A person who intends to apply for an adjustment in penalty surcharge for excess of total pollution load pursuant to Article 12 (1) of the Decree shall submit an application for adjustment for the penalty surcharge for excess of total pollution load under attached Form 6, accompanied by a copy of document demonstrating each subparagraph in Article 13 (1) of the Decree, to the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management.<Amended on Jan. 17, 2018>

(3) Notice of the adjusted imposition and refund of the penalty surcharge for excess of total pollution load under Article 13 (4) of the Decree shall be subject to attached Form 7.<Amended on Jan. 17, 2018>

(4) A person who intends to apply for deferment of payment and installment payment of the penalty surcharge for excess of total pollution load under Article 14 (1) of the Decree shall submit an application for deferment of payment and installment payment of the penalty surcharge for excess of total pollution load in attached Form 8, accompanied by a copy of document demonstrating any of the reasons provided in subparagraphs of Article 14 (1) of the Decree, to the head of a river basin environmental office, the head of a regional environment office, or the head of a local government in charge of the total pollution load management.<Amended on Jan. 17, 2018>

[Title Amended on Jan. 17, 2018]

Article 30-3(Areas Required to Install Buffer Storage Facilities) #

“An area prescribed by Ordinance of the Ministry of Environment” and “an industrial complex prescribed by Ordinance of the Ministry of Environment” in Article 21-4 (1) of the Act refer to the following industrial areas (referring to industrial areas under Article 36 (1) of the National Land Planning and Utilization Act; hereinafter the same shall apply) or industrial complexes (referring to industrial complexes under subparagraph 8 of Article 2 of the Industrial Sites and Development Act; hereinafter the same shall apply):

1. Industrial areas or industrial complexes built over an area of 1.5 million square meters or more;

2. Industrial areas or industrial complexes that discharge at least 200 tons of wastewater per day containing specific substance harmful to water quality;

3. Industrial areas or industrial complexes located in any of the following areas where the quantity of wastewater discharged per day is at least 5,000 tons;

(a) Areas where the installation of discharging facilities is prohibited under any of the subparagraphs of Article 32 of the Decree;

(b) Areas included within 1 kilometer of the boundary (referring to the boundary of the river area under subparagraph 2 of Article 2 of the River Act) of the main streams of the Hangang River, Nakdonggang River, Geumgang River, Yeongsangang River, Seomjingang River, and Tamjingang River;

(c) Areas included within 500 meters of the boundary (referring to the boundary of the river area under subparagraph 2 of Article 2 of the River Act) of the tributaries (limited to national rivers and local rivers pursuant to Article 7 (1) of the River Act) that flow directly into the main streams of the Hangang River, Nakdonggang River, Geumgang River, Yeongsangang River, Seomjingang River, and Tamjingang River;

4. Industrial areas or industrial complexes where the annual production, storage, preservation, and use of hazardous chemicals under subparagraph 7 of Article 2 of the Chemical Substances Control Act is at least 1,000 tons or at least 2 kg per 1 square meter.

[This Article Newly Inserted on Dec. 31, 2014]

[Moved from Article 30-2, Former Article 30-3 Moved to Article 30-4 <Jan. 19, 2017>]

Article 30-4(Installation and Operation Plans for Buffer Storage Facilities) #

(1) “Matters prescribed by Ordinance of the Ministry of Environment” in the former part of Article 21-4 (2) shall be as follows:

1. Promotion schedule and installation location of buffer storage facilities;

2. Installation and operation method of buffer storage facilities and associated treatment plan for water in storage;

3. Discharge quantity of specific substances harmful to water quality used by a company located in an industrial area or an industrial complex;

4. Discharge quantity of wastewater and sewage from a company located in an industrial area or an industrial complex;

5. Quantity of hazardous chemical substances manufactured, stored, preserved, and used in a company located in an industrial area or an industrial complex;

6. Matters on the burden of installation and operation costs of buffer storage facilities (including estimated project cost, investment plan for each year, financing and cost sharing plan, operation management plan, etc.);

7. Storage capacity of a buffer storage facility on account of accidental runoff or initial rainwater control features, etc. and data used to calculate thereof;

8. Data used to evaluate the likeliness of water pollution accidents, site and location conditions, technical conditions, economic feasibility, etc.

9. Plans to use of reservoirs, non-point pollution reduction facilities, etc. in industrial areas or industrial complexes.

(2) “Important matters prescribed by Ordinance of the Ministry of Environment” in the latter part of Article 21-4 (2) of the Act refer to the following:

1. Promotion schedule and installation location of buffer storage facilities;

2. An increase by at least 25/100 in the facility capacity or installation cost of the buffer storage facility;

3. Installation and operation method of buffer storage facilities and associated treatment plan for water in storage;

(3) If consultation is made as to the installation and operation plan for buffer storage facilities under Article 21-4 (2) of the Act, the Minister of Environment may have the Korea Environment Corporation review technical matters in advance.

[This Article Newly Inserted on Dec. 31, 2014]

[Moved from Article 30-3, Former Article 30-4 Moved to Article 30-5 <Jan. 19, 2017>]

Article 33-3(Formulation of Preventive Measures Against Water Pollution, Etc.) #

(1) The manager of the reservoir with priority management and the Mayor/Do Governor having jurisdiction over the location of the reservoir shall, under Article 31-3 (1) of the Act, formulate and submit the measures designed to prevent pollution and improve water quality of the reservoir with priority management to the Minister of Environment, accompanied by the following within one year from the notification of the designation as a reservoir with priority management.In such cases, the manager of the reservoir with priority management and Mayor/Do Governor having jurisdiction over the location of the reservoir may jointly formulate and submit measures:

1. Purpose of installation, user status, and pollution status of the reservoir with priority management;

2. General status of the resident population, etc. within a radius of 2 km from the boundary of reservoir with priority management;

3. Water quality management goals for the reservoir with priority management;

4. Measures designed to prevent water pollution and improve water quality in the reservoir with priority management;

5. Other matters necessary for the proper management of the reservoir with priority management.

(2) The Minister of Environment, who has received the measures submitted under paragraph (1), shall have specialized institutions to review the said measures and notify the suitability thereof within three months, and may request improvement or supplementation in the measures designed to prevent pollution and improvement of water quality, if necessary.

(3) A report on the implementation results of the preventive activities for water quality pollution and improvement plan for water quality for the reservoir with priority management under Article 31-3 (2) of the Act shall be formulated based on the end of December each year and submitted by the end of February of the following year.

[This Article Newly Inserted on Aug. 2, 2012]

Article 38(Report on Alteration, Etc. to Wastewater Discharge Facilities) #

(1) “Where he or she intends to alter or has altered any matter prescribed by Ordinance of the Ministry of Environment” in the proviso of Article 33 (2) and (3) of the Act refers to the following: <Amended on Jan. 19, 2012; Jan. 29, 2014>

1. Where the quantity of wastewater discharged has increased by 50/100 or more from the time the report was filed (except where permission for alteration is required under Article 33 (2) of the Act);

2. Where the type of place of business in attached Table 13 of the Decree is modified along with an increase or decrease in the quantity of wastewater discharged;

3. Where a new water pollutant is discharged from the wastewater discharge facility (except where permission for alteration is required under Article 33 (2) of the Act);

4. Where the wastewater treatment method and treatment process of the water pollution prevention facility installed in the wastewater discharge facility is altered;

5. Where the water pollution preventive facilities are newly installed in wastewater discharge facilities where water pollution preventive facilities have not been installed under the proviso of Article 35 (1) of the Act;

6. Where a part of the wastewater discharge facility or water pollution preventive facility is closed;

7. Where any matters that may be used in lieu of the report on the alteration under Article 31 (4) are modified.

(2) The cases “where he or she intends to alter or has altered any matter prescribed by Ordinance of the Ministry of Environment” in the proviso to Article 33 (2) and (3) of the Act refer to the following: <Amended on Jan. 19, 2012; Jan. 29, 2014>

1. Where the representative or the name of the place of business is to be modified;

2. Where the location of the place of business is to be modified (applicable only if the permitting authority, report-receiving authority, and wastewater discharge facilities are in the same location and no regulations restricting the location have been violated)

3. Where wastewater discharge facilities or water pollution preventive facilities are leased;

4. Where falling under subparagraph 2 of Article 33 of the Decree, the person who has been consigned to treat sewage is to be altered;

4-2. Where all wastewater discharge facilities or water pollution preventive facilities are to be closed;

5. Except as provided in each subparagraph of paragraph (1) and subparagraphs 1 through 4, where permitted or reported details specified on the permit or the certificate of report are to be modified (excluding any modifications to the discharge quantity of wastewater or to the wastewater discharge process flow, to the extent that the type of the place of business is not altered under attached Table 13 of the Decree).

(3) A person who intends to report an alteration under paragraphs (1) and (2) shall submit an application for alteration of wastewater discharge facilities under attached Form 13, accompanied by the permit for installation or the certificate of report on the installation of wastewater discharge facilities and other documents certifying the alterations made, to the Mayor/Do Governor: Provided, That, the submission shall be made within two months of alteration for circumstances falling under paragraph (2) 1 and within 30 days of alteration for circumstances falling under paragraph (2) 2, 3, 4, 4-2, and 5.<Amended on Jul. 5, 2012; May. 20, 2016>

(4) The Mayor/Do Governor who has received the report on the alteration under paragraph (3) shall write the matters reported for alteration on the back page of the permit for installation of wastewater discharge facilities or the certificate of report on the installation of wastewater discharge facilities.

Article 43(Documents to be Submitted to be Exempt from Installation of Water Pollution Preventive Facilities) #

Where the installation of water pollution preventive facilities is exempted under the proviso to Article 35 (1) of the Act, the following documents shall be submitted pursuant to Article 33 (6) of the Act: <Amended on Jan. 19. 2012; Oct. 17, 2019; Dec. 10, 2021>

1. Where the case falls under subparagraph 1 of Article 33 of the Decree

(a) Explanatory materials on the functions and process of the wastewater discharge facility and the property of raw materials and subsidiary materials used;

(b) Objective literature or other test analysis data demonstrating the fact that water pollutants discharged from the wastewater discharge facility is always below the permissible discharge limits.

2. Where the case falls under subparagraph 2 of Article 33 of the Decree

(a) Prediction of the types and quantities of wastewater to be entrusted for treatment and the concentration of each water pollutant;

(b) Installation plan and drawings of storage facilities for each physical nature of wastewater to be entrusted for treatment;

3. Where the case falls under subparagraph 3 of Article 33 and Article 42 of the Decree

(a) Where the case falls under subparagraph 1 of Article 42: The quantity of water and liquid substances used in the wastewater discharge facility, documents on the quantity reused and a diagram of the reuse process: Provided, That if wastewater is reused and then discharged, documents on the concentration, quantity, and treatment method for each discharge cycle and a consignment agreement entered into with a wastewater treatment business entity, etc. shall be additionally submitted.

(b) Deleted. <Dec. 10, 2021>

(c) Where the case falls under subparagraph 3 of Article 42: Entrusted treatment agreement entered into with a person who has obtained permission to engage in a waste treatment business under Article 25 (3) of the Wastes Control Act;

(d) Where the case falls under subparagraph 4 of Article 42: If used for products, raw materials for products, treatment of other wastewater, or research, documents on the purpose of use, place of use, and the concentration and quantity of the water pollutants discharged from the wastewater discharge facility;

(e) Where the case falls under (a) through (d): Other objective data that may certify the processing method.

Article 45(Installation and Alteration of Common Prevention Facilities, Etc.) #

(1) Where a business entity or the representative of an administrative body for a common prevention facility under Article 35 (5) of the Act (hereinafter referred to as the “representative of the common prevention facility”) intends to install a common prevention facility (hereinafter referred to as the “common prevention facility”) under Article 35 (4), he or she shall submit the following documents to the Mayor/Do Governor under Article 33 (6): Provided, That Mayor/Do Governor may exempt a business entity who has obtained a permission for the installation of wastewater discharge facilities (including permission for alteration) or has filed a report on the installation of wastewater discharge facilities (including report on the alteration) from submitting documents in subparagraphs 2 and 3: <Amended on Oct. 17, 2019; Dec. 10, 2021>

1. Statements and drawings for the installation of a common prevention facility and a location map (referring to a topographic map on a scale of 1/25,000);

2. Statements of the installation of wastewater discharge facilities by place of business and the forecast of the discharge quantity for water pollutants, etc.;

3. Documents on the quantities of raw materials used and products made at each place of business, process chart, and piping diagram for discharging wastewater;

4. Drawings and statements for the installation of drainage pipes from the place of business to the common prevention facility;

5. Installation plans for measuring instruments such as flow meters to identify the quantity of all types of water used and the quantity of wastewater discharged from the place of business and drawings to identify where the measuring instruments are attached to (only the places of business required to attach measuring instruments under Article 35 of the Decree are required to submit);

6. Regulations on the operation of a common prevention facility, including effluent charges, administrative fines, penalty surcharges, and other fines when it is unable to measure the wastewater discharge quantity and the concentration of water pollutants at each place of business.

(2) A business entity who has established a common prevention facility may have the representative of the common prevention facility act on his or her behalf for the installation and operation of the common prevention facility: Provided, That effluent charges associated with the operation and management of the common prevention facility shall be paid according to the ratio set for each business entity in advance.

(3) Where a business entity or a representative of a common prevention facility intends to alter any of the following, he/she shall submit documents certifying the details of the alteration under Article 33 (6) of the Act to the Mayor/Do Governor: <Amended on Oct. 17, 2019>

1. Wastewater treatment capacity of the common prevention facility;

2. Method to treat water pollutants in the common prevention facility;

3. The discharge quantity of wastewater from the entire places of business that send wastewater into the common prevention facility or the number of the places of business;

4. Regulations on the operation of common prevention facilities.

Article 47(Period of Test Operation, Etc.) #

(1) The “period prescribed by Ordinance of the Ministry of Environment” in the former part of Article 37 (2) of the Act refers to the period according to the following categories: <Amended on Jan. 29, 2014>

1. Where wastewater is treated through a biochemical treatment method: 50 days from the commencement of operation: Provided, That where the commencement date of operation falls into the period between November 1 and January 31 of the following year, it shall be 70 days from the commencement date of operation;

2. Where wastewater is treated through a physical or chemical treatment method: 30 days from the commencement date of operation.

(2) The Mayor/Do Governor who has received the report on the commencement of operation under Article 37 (1) of the Act (including the report on the alteration of the commencement date of operation) shall inspect the operating status of wastewater discharge facilities and water pollution preventive facilities within 15 days from the date on which the period under paragraph 1 elapses, and have any of the following testing institutions to collect water pollutants and test the level of pollution to ensure that the permissible discharge limits are complied with: Provided, That for cases falling under subparagraph 2 or 3 of Article 33 of the Decree or for wastewater non-discharge facilities, the procedure of testing the level of pollution may be omitted. <Amended on Jan. 19, 2012; Jan. 29, 2014>

1. National Institute of Environmental Research and organizations affiliated thereto;

2. Research institute of public health and environment of a Special City, Metropolitan City, and province;

3. River basin environmental office and regional environment office;

4. Korea Environment Corporation and business establishments affiliated thereto;

5. Among the testing institutions for water quality fields recognized under Article 23 of the Framework Act on National Standards, those determined and publicly notified by the Minister of Environment;

6. Other water quality testing institutions determined and publicly notified by the Minister of Environment.

(3) The Mayor/Do Governor who has been notified of the result of the pollution level test under paragraph (2) shall issue an order of improvement under Article 39 of the Act if the test result exceeds the permissible discharge limits.

Article 52(Submission of Improvement Plans, Etc. of Business Entities, Etc. Who Have Not Received Disposition Orders or Improvement Orders) #

(1) A business entity, etc. who intends to submit an improvement plan under the main text of Article 40 (1) of the Decree shall submit an improvement plan pursuant to attached Form 22, accompanied by a copy of the detailed improvement statement, to the head of a river basin environmental office, head of a regional environment office, or a Mayor/Do Governor.<Amended on Jan. 19, 2012; Jan. 17, 2018>

(2) The improvement plan under paragraph (1) shall be submitted under the following categories: <Amended on Dec. 10, 2021>

1. Where the case falls under Article 40 (1) 1 of the Decree: within 24 hours from the time of emergency measures;

2. Where the case falls under Article 40 (1) 2 (a) of the Decree: 24 hours prior to the commencement of improvement, modification, or repair of wastewater discharge facilities, water pollution preventive facilities or measuring instruments (hereinafter referred to as “waste discharge facilities, etc.”);

3. Where the case falls under Article 40 (1) 2 (b) or (c) of the Decree: within 48 hours from the time it was unable to adequately operate wastewater discharge facilities, etc. (excluding the time slot between 0:00 and 24:00 on Saturdays or public holidays).

(3) In the cases falling under paragraph 2 (1), the business entity shall notify the Mayor/Do Governor having jurisdiction over the place of business of the details thereof in advance within eight hours of emergency measures, by using electronic documents, fax, or telephone, if there arises a cause to render the business entity unable to adequately operate wastewater discharge facilities, etc. <Amended on Jan. 19, 2012; Dec. 20, 2019>

(4) Where a person who had submitted an improvement plan pursuant to paragraph (1) has completed improvement or commenced operation of wastewater discharge facilities, etc., he or she shall submit a report on the completion of improvement in attached Form 23 to the Mayor/Do Governor, etc. without delay under Article 40 (2) of the Decree. <Amended on Jan. 19, 2012>

[Title Amended on Dec. 10, 2021]

Article 52-3(Application for Registration of Measuring Instruments Management Agency) #

(1) A person who intends to register as a measuring instruments management agency pursuant to the former part of Article 38-6 (1) of the Act shall submit an application for registration certificate of a measuring instruments management agency (including applications in an electronic form) in attached Form 23-3, accompanied by the following documents, to the head of a river basin environmental office or the head of a regional environment office having jurisdiction over the location of the agency's office:

1. 1 copy of the business plan for a measuring instrument management agency;

2. Facilities, equipment, and technical personnel in possession under the standards in attached Table 8-2 of the Decree, and a copy of documents certifying thereof.

(2) A relevant public official who has received the application under paragraph (1) shall verify the national technical certificate of technical personnel and the certificate of corporate registration if the applicant is a corporation, and the business license if the applicant is an individual, through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That if the applicant does not consent to the verification of the business license or national technical certificate, a copy thereof shall be attached.

(3) In the event of registration of a measuring instruments management agency under the former part of Article 38-6 (1) of the Act, the head of a river basin environmental office or the head of a regional environment office shall issue the registration of a measuring instruments management agency in attached Form 23-4 pursuant to paragraph (2) of the same Article.

(4) Where a person who has been registered as a measuring instruments management agency pursuant to paragraph (3) (hereinafter referred to as the “measuring instruments management agency”) intends to modify any of information falling under each subparagraph in Article 38-2 (2) pursuant to the latter part of Article 38-6 (1) of the Act, he or she shall submit an application for modified registration of measuring instruments management agency in attached Form 23-5, accompanied by a copy of the registration certificate of a measuring instruments management agency and a copy of documents certifying the modification, to the head of a river basin environmental office or the head of a regional environment office having jurisdiction over the location of his or her office (if the location of the office is to be modified, referring to the location of the office after the modification).

(5) Where the modification to the measuring instruments management agency has been registered pursuant to the latter part of Article 38-6 (1) of the Act, the head of a river basin environmental office or the head of a regional environment office shall record the modification on the back of the registration certificate of a measuring instruments management agency submitted under paragraph (4) and return the said certificate to the applicant.

[This Article Newly Inserted on Jan. 19, 2017]

Article 52-6(Evaluation Method of the Capability of Measuring Instrument Management Agency, Etc.) #

(1) Where a measuring instruments management agency intends to be evaluated for his or her capabilities as an agency to manage measuring instruments pursuant to Article 38-10 (1) of the Act, he or she shall submit an application for evaluation of the capabilities as an agency to manage measuring instruments in attached Form 23-7, accompanied by the following documents, to the head of a river basin environmental office or the head of a regional environment office having jurisdiction over the location of his or her office:

1. 1 copy of the performance of the measuring instrument management agency in the previous year;

2. Current status of facilities, equipment, and technical personnel and 1 copy of document certifying thereof;

3. 1 copy of the current status of training completed by technical personnel;

4. 1 copy of the current status of administrative disposition related to the measuring instrument management agency.

(2) The head of a river basin environmental office or the head of a regional environment office shall notify the application of the evaluation results within 30 days from the submission of the application under paragraph (1).

(3) Where an applicant has any objection to the evaluation results under paragraph (2), he or she may raise an objection within 10 days from the date of notification thereof. In such cases, the head of a river basin environmental office or the head of a regional environment office shall notify the applicant of the review results within 20 days of the objection.

(4) Where the head of a river basin environmental office or the head of a regional environment office has made the evaluation results under paragraph (2) final and conclusive, he or she shall publish the results thereof on the website of a river basin environmental office or a regional environment office.

(5) Where the head of a river basin environmental office or the head of a regional environment office performs evaluation under paragraph (2) or review under the latter part of paragraph (3), he or she may have the Korea Environment Corporation review technical matters.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the evaluation and public notification of the capabilities to manage as an agency shall be determined and publicly notified by the Minister of Environment.

[This Article Newly Inserted on Jan. 19, 2017]

Article 63(Examination of Discharge Quantity of Specific Substances Harmful to Water Quality and Verification of Results of Examination) #

(1) “A person prescribed by Ordinance of the Ministry of Environment” in the main text of Article 46-2 (1) of the Act refers to the person who has obtained the permission to install (including the permission to alter) wastewater discharge facilities that discharge specific substances harmful to water quality above the standards in attached Table 13-2 in any of the following places of business that fall under class 1 through class 3 in attached Table 13 of the Decree.

(2) The Minister of Environment shall formulate an examination plan including the following until December 31 every year to examine the discharge quantity of specific substances harmful to water quality under the main text of Article 46-2 (1) of the Act: <Amended on Dec. 10, 2021>

1. Matters concerning the substances subject to examination;

2. Matters concerning the timing, procedure, method, and implementation system of the examination;

3. Matters concerning the preparation and submission of examination tables;

4. Matters concerning the processing and disclosure of examination results.

(3) Where the Minister of Environment has formulated an examination plan under paragraph (2), he or she shall post the said plan on the website of the Ministry of Environment.

(4) A person who is required to conduct an examination of the specific substance harmful to water quality under the main text of Article 46-2 (1) of the Act shall conduct the examination according to the examination plan and the method of examination of the discharge quantity of specific substances harmful to water quality in attached Table 14-4, and submit the results thereof to the head of a river basin environmental office or the head of a regional environment office by March 31 every year using the computer network under Article 46-3 (2) of the Act (hereinafter referred to as the “computer network”).<Amended on Dec. 10, 2021>

[This Article Newly Inserted on Jan. 17, 2018]

Article 70-2(Exception to Operation and Management of Public Wastewater Treatment Facilities) #

(1) “Good cause prescribed by Ordinance of the Ministry of Environment, such as rainfall, an accident or otherwise necessary for the treatment process” under Article 50 (1) of the Act, with the exception of its subparagraphs, refers to any of the following:

1. Where wastewater flows into a buffer storage facility under Article 21-4 (1) of the Act without going through a public waste treatment facility due to force majeure events such as heavy rainfall, disasters, or accidents;

2. Where a facility discharging or capable of discharging wastewater without the need to go through part or all of the treatment process is installed for the expansion, renovation, repair, etc. of a public wastewater treatment facility and where prior consultation has been made with the head of a competent river basin environmental office or the head of a competent regional environment office;

3. Where it is inevitable to violate the water quality standards for effluent water of public wastewater treatment facilities under the processing technique of public wastewater treatment facilities due to tightened standards for effluent water quality from public wastewater treatment facilities, etc. and where prior consultation has been made with the head of a competent river basin environmental office or the head of a competent regional environment office.

(2) A person who intends to make consultation under paragraph (1) 2 shall submit a request for consultation, containing the following, to the head of a competent river basin environmental office or the head of a competent regional environment office:

1. Compelling circumstances that require the construction of facilities discharging of capable of discharging wastewater without going through part or all of the treatment process;

2. Construction plan for the expansion, renovation, repair, etc. of facilities.

(3) A person who intends to make consultation under paragraph (1) 3 shall submit a request for consultation, containing the following, to the head of a competent river basin environmental office or the head of a competent regional environment office:

1. Compelling circumstances that render the treatment technique unable to comply with the water quality for effluent water from public wastewater treatment facilities and duration thereof, and items of the water quality standards for effluent water of public wastewater treatment facilities that exceed standards;

2. Plans to improve the treatment technique and implementation plans for each quarter until the expected date of completion of improvement;

3. Calculation of expenses incurred in implementing improvement plans and financing plans.

(4) The head of a competent river basin environmental office or the head of a competent regional environment office who has been requested to make consultation under paragraphs (2) and (3) shall notify his or her opinion on the consultation within 20 days from the request of consultation.

(5) The head of a river basin environmental office or the head of a regional environment office may hear the opinions of the Korea Environment Corporation, if necessary, when making consultation under paragraph (1) 2 and 3.

(6) Where the head of a river basin environmental office or the head of a regional environment office completes consultation under paragraph 1 (3), he or she shall inspect the implementation plan under paragraph 3 (2) every quarter. In such cases, if the inspection finds that quarterly implementation plan has not been implemented, the consultation under paragraph (1) 3 may be revoked.

[This Article Wholly Amended on Oct. 17, 2019]

Article 73(Procedures for Reporting on Installation of Non-Point Pollution Sources) #

(1) A person who intends to implement a project under Article 53 (1) of the Act shall report to the Minister of Environment by the deadline under the following classification: <Amended on Apr. 2. 2010; Jul. 20, 2012; Jan. 19, 2017>

1. A business entity subject to environmental impact assessment under Article 53 (1) 1 of the Act or Article 72 (5) 1 of the Decree: within 60 days from the date on which approval, etc. was obtained or a business plan became final under Article 30 (3) of the Environmental Impact Assessment Act;

2. A business entity who installs wastewater discharge facilities under Article 53 (1) 2 of the Act or Article 72 (5) 2 of the Decree: within 30 days from the date on which he or she obtained the permission to install or permission to modify wastewater discharge facilities.

(2) A person who intends to report the installation of non-point pollution sources under the former part of Article 53 (1) of the Act, with the exception of its subparagraphs, shall submit a report on the installation of non-point pollution sources in attached Form 33, accompanied by the following documents, to the head of a river basin environmental office or the head of a regional environment office: Provided, That if a project or facility required to file a report on the installation of non-point pollution sources is located in an area which is under the jurisdiction of two or more river basin environmental offices or regional environment offices, he or she shall file a report to the head of a river basin environmental office or the head of a regional environment office having jurisdiction over a larger part in area or length, and the head of a river basin environmental office or the head of a regional environment office who has received the report shall inform the details of the report to the head of a river basin environmental office or the head of a regional environment office having jurisdiction over the other part: <Amended on Apr. 2. 2010; Dec. 31, 2014; Oct. 17, 2019>

1. Data on key non-point pollution sources and non-point source pollutants generated from businesses or places of business under each subparagraph of Article 53 (1) of the Act (hereinafter referred to as “development projects, etc.”);

2. Floor plan of development projects, etc. and flow chart of generation and discharge of non-point pollutants;

3. A non-point pollution reduction plan on account of the techniques designed to contribute to the recovery of water cycle in a natural state (hereinafter referred to as “low-impact development technique”) by minimizing rainfall runoff from the impervious surface caused by development projects, etc.;

4. Installation, operation, and management plan for non-point pollution reduction facilities and specifications and drawings for the installation of non-point pollution reduction facilities (excluding cases where non-point pollution reduction facilities are not installed under the proviso to Article 53 (5) of the Act).

(3) A person who intends to be deemed not to have exceeded the permissible discharge limits under Article 53 (5) 1 of the Act and Article 74 of the Decree shall submit a report on the installation of non-point pollution sources, accompanied by the documents under paragraph 2 (1) through (3) and following documents, to the head of a river basin environmental office or the head of a regional environment office: <Newly Inserted on Dec. 31, 2019>

1. Water quality analysis data for stormwater runoff at the place of business (the place of business yet to be installed with wastewater discharge facilities may be subject to water quality analysis plan in lieu of the water quality analysis data);

2. Location status and drawings of the place of business to demonstrate that the level of pollution of the stormwater runoff has increased due to the inflow of pollutants from outside the place of business;

3. A plan for blocking facilities to prevent the following:

(a) Where material management and processing processes are exposed to rainwater;

(b) Where a facility is exposed to rainwater due to failure or an accident;

4. A management plan for non-point pollution sources deemed capable of conducting adequate treatment to ensure that non-point source pollutants generated within the site of the place of business exposed to rainwater such as parking lot are not discharged to the outside.

(4) The head of a river basin environmental office or the head of a regional environment office who has received documents under paragraph (3) shall review the matters in each subparagraph of Article 74 of the Decree, and determine and notify whether to accept such matters within 20 days from submission.<Newly Inserted on Dec. 31, 2019>

(5) The head of a river basin environmental office or the head of a regional environment office who has received the report under paragraph (1) shall issue the certificate of report on installation of non-point pollution sources in attached Form 34 to the applicant.<Amended on Dec. 31, 2019>

(6) Where a business entity needs to obtain approval, authorization, permission, license, or decision (hereinafter referred to as “approval for alteration, etc.” in this paragraph) for modifications made in connection with the applicable project or facility under the latter part of Article 53 (1) of the Act, except for its subparagraphs, he or she shall submit the report on the alteration of non-point pollution sources in attached Form 35 within 15 days from the date on which he or she obtained approval for alteration, etc. (if there is no need to obtain an approval for alteration, etc., the date on which the alteration is made), accompanied by the certificate of report on installation of non-point pollution sources and documents certifying the alteration, to the head of a river basin environmental office or the head of a regional environment office: Provided, That if the alteration falls under subparagraph 1 of Article 73 of the Decree, the said documents shall be submitted within two months from the date of alteration.<Amended on Apr. 2, 2010; Jun. 16, 2015; Dec. 31, 2019; Nov. 27, 2020>

(7) Where the head of a river basin environmental office or the head of a regional environment office has received a report on the alteration under paragraph (4), he or she shall write the details on the alteration on the back of the certificate of report on installation of non-point pollution sources and issue the said certificate to the person who has filed the report of the alteration of non-point pollution sources.<Newly Inserted on Jun. 16, 2015; Dec. 31, 2019>

Article 75(Time of Installation of Non-Point Pollution Reduction Facilities, Etc.) #

(1) “The time prescribed by Ordinance of the Ministry of Environment” in the main text of Article 53 (5) of the Act, except for its subparagraphs, refers to the time under the following classification: <Amended on Apr. 2, 2010; Jan. 29, 2014; Jun. 16, 2015; Oct. 17, 2019>

1. Businesses under Article 53 (1) 1 of the Act

(a) Non-point pollution reduction facilities to treat non-point source pollutants generated during construction: Before the commencement of construction;

(b) Non-point pollution reduction facilities to treat non-point source pollutants generated after construction: Upon the completion of construction: Provided, That where non-point pollution reduction facilities are to be installed in the project site where the construction is completed, the time shall be within one year from the receipt of the report on the installation or alteration of non-point pollution sources.

2. Facilities under Article 53 (1) 2 of the Act Before reporting the commencement of operation of discharging facilities, etc. under Article 37 of the Act: Provided, That where a non-point pollution reduction facility must be installed on the site where a factory is established under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act, the time shall be within one year from the receipt of the report on the installation or alteration for non-point pollution sources.

3. Businesses and facilities under Article 53 (1) 3 of the Act

(a) Businesses under Article 53 (1) 1 of the Act: Time under subparagraph 1;

(b) Facilities under Article 53 (1) 2 of the Act: Time under subparagraph 2;

(2) A person who does not intend to install non-point pollution reduction facilities under Article 53 (5) 3 of the Act shall formulate regulations on the operation of non-point pollution reduction facilities on how to share operating expenses, administrative fines, and penalty surcharges for non-point pollution reduction facilities with the business entity who files a report on the installation of non-point pollution sources that installs and operates non-point pollution reduction facilities on the relevant site and submit thereof to the Minister of Environment.<Newly Inserted on Jan. 29, 2014; Oct. 17, 2019>

Article 78-4(Procedures, Etc. for Performance Testing of Non-Point Pollution Reduction Facilities) #

(1) A person who intends to undergo a performance testing under the former part of Article 53-3 (1) of the Act or a person who intends to undergo a performance testing again under the latter part of the same paragraph shall submit an application for performance testing of non-point pollution reduction facilities in attached Form 36-2 (including electronic documents), accompanied by the following documents (including electronic documents), to the CEO of the Korea Environment Corporation.

1. A manual and a copy of the drawings including the reduction principle, structure, and specifications of the non-point pollution reduction facility;

2. A list of materials used in a non-point pollution reduction facility and a copy of data on the physical, chemical, and biological properties of each material;

3. A manual on operating conditions and methods of internal and external equipment and devices of a non-point pollution reduction facility;

4. A copy of instructions on how to maintain a non-point pollution reduction facility (must include maintenance cost and material replacement cycle).

(2) “Matters prescribed by Ordinance of the Ministry of Environment” in the latter part of Article 53-3 (1) of the Act refers to any of the following:

1. Structure of the non-point pollution reduction facilities;

2. Materials for non-point pollution reduction facilities [limited to filtration materials, packaging materials, filling materials, and water treatment chemicals];

3. Operation method for non-point pollution reduction facilities.

(3) Where the performance testing is completed, the CEO of the Korea Environment Corporation shall issue a performance testing certificate for non-point pollution reduction facilities under Article 53-3 (3) of the Act in attached Form 36-3, accompanied by further details on the decision of performance testing.

(4) Except as provided in paragraphs (1) and (3), details on the performance testing shall be determined and publicly notified by the Minister of Environment.

[This Article Newly Inserted on Feb. 3, 2020]

[Former Article 78-4 Moved to Article 78-7 <Feb. 3, 2020>]

Article 86(Reporting on Installation and Management of Other Water Pollution Sources) #

(1) A person who intends to install or manage other water pollution sources under the former part of Article 60 (1) of the Act shall submit a report on the installation and management of other water pollution sources in attached Form 37, accompanied by the following documents, to the Mayor/Do Governor at least 15 days prior to the installation or management.<Amended on Jun. 16, 2015>

1. Statements and drawings of other water pollution sources;

2. Predictions of the discharged water pollutants, used quantity of substances that cause water pollution such as raw materials, animal feed, pharmaceutical drugs, and pesticides, and quantity of water used;

3. A plan for the installation or measures for facilities under Article 87.

(2) The Mayor/Do Governor who has received a report under paragraph (1) shall issue a certificate of report on other water pollution sources in attached Form 38 to the person who has filed the report, and create and place the management card for other water pollution sources in attached Form 39 to ensure the management thereof.<Amended on Jun. 16, 2015>

(3) A person who intends to alter any matters reported under the latter part of Article 60 (1) of the Act (applicable only to the matters reported via the certificate of report on other water pollution sources) shall submit a report on the alteration for installation and management of other water pollution sources in attached Form 40 prior to the said alteration, accompanied by documents certifying the alterations made, to the Mayor/Do Governor: Provided, That the submission shall me within 60 days from the date on which the cause arose for subparagraph 1, and within 30 days from the cause for subparagraph 2:<Amended on Jun. 16, 2015; Jan. 19, 2017>

1. Where the name or representative of the place of business is altered;

2. Where the location of the place of business is altered (applicable only where the office at which the submission is made and other water pollution sources are located in the same place and the regulations concerning location restrictions are not violated).

(4) Mayor/Do Governor who has received a report on the alteration under paragraph (3) shall write the matters report for the alteration on the back of the certificate of report on other water pollution sources and return the said certificate to the applicant.<Amended on Jun. 16, 2015; Jan. 19, 2017>

[Title Amended on Jun. 16, 2015]

Article 89-2(Reporting of Installation and Operation of Water Play Facilities, etc.) #

(1) A person who intends to install and operate a water play facilities under the former part of Article 61-2 (1) of the Act shall, at least 15 days prior to the installation and operation of the said facilities, submit a report on the installation and operation of water play facilities, under attached Form 40-2, accompanied by the following documents, to the head of a river basin environmental office or the head of a regional environment office if the party set to install and operate the facilities is a Mayor/Do Governor, or a Mayor/Do Governor if another party is set to install and operate the facilities.<Amended on Oct. 17, 2019>

1. 1 copy of the water play facility installation specification and a copy of its drawing;

2. 1 copy of action plan for the facility to comply with water quality standards and management standards;

3. 1 copy of water quality inspection plan including water quality inspection cycle

(2) Where the head of a river basin environmental office, the head of a regional environment office, or Mayor/Do Governor has received a report under paragraph (1), he or she shall issue a certificate of report on water play facilities in attached Form 40-3.

(3) “Important matters prescribed by Ordinance of the Ministry of Environment” in the latter part of Article 61-2 (1) of the Act, with the exception of its subparagraphs, refers to the following: <Amended on Oct. 17, 2019>

1. Name or representative of the facility;

2. Facility location;

3. Category or type of the facility;

4. Year-round operation period;

5. Floor area or type of water;

6. Storage capacity or cleaning cycle;

7. Whether filters are installed or how filters are sterilized;

8. Closure of all or part of the water play facility.

(4) A person who intends to alter any of the following in paragraph (3) shall submit a report on the alternation of water play facilities in attached Form 40-4, accompanied by any of the following documents, to the head of a river basin environmental office, the head of a regional environment office, or Mayor/Do Governor: <Newly Inserted on Oct. 17, 2019>

1. Report of Water Play Facilities;

2. Follow-up facility management plan (applicable only if all or part of the water play facility is to be closed);

3. Document certifying the alteration.

(5) Where the head of a river basin environmental office, the head of a regional environment office or Mayor/Do Governor has received a report on the alteration under paragraph (3), he or she shall write any alterations on the back of the certificate of report on water play facilities and return the said certificate to the person who has filed the report.<Amended on Oct. 17, 2019>

[This Article Newly Inserted on Jan. 19, 2017]

Article 90(Permission Requirements for Wastewater Treatment Business) #

(1) “Requirements prescribed by Ordinance of the Ministry of Environment, such as technical capabilities, facilities, and equipment” in the former part of Article 62 (1) of the Act refer to the requirements for permission to engage in the wastewater treatment business under attached Table 20.

(2) A person who intends to obtain permission to engage in the wastewater treatment business shall submit (including submissions through information and communications networks under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) an application for permission to engage in the wastewater treatment business and reuse business in attached Form 41, accompanied by the following documents, to Mayor/Do Governor having jurisdiction over the location of his or her place of business: Provided, That where Mayor/Do Governor has granted permission or has received a report on the installation of wastewater discharge facilities, documents specified in subparagraphs 2 through 4 may be omitted: <Amended on Dec. 10, 2021>

1. A copy of the business plan including the following :

(a) Type of wastewater to be treated and treatment methods;

(b) Installation specification of treatment facilities;

2. A copy of installation specification of wastewater discharge facilities and water pollution prevention facilities and a copy of its drawings;

3. Process chart and wastewater discharge piping diagram;

4. Statements on the installation of storage facilities for each wastewater treatment method (for the wastewater reuse business, statements on the installation of storage facilities by physical nature of wastewater) and the drawings thereof;

5. Drawings indicating where to install flow meters and automatic water quality testers to be attached to the inlet and final outlet for each industrial water and wastewater treatment method (drawings indicating where to install flow meters to be attached to the inlet and final outlet by physical property of wastewater for the wastewater reuse business);

6. Documents describing the method of collection and transportation of wastewater;

7. A copy of the technical qualification status and technical qualification certifying the qualifications (limited to non-national technical qualification).

(3) A relevant public official who has received an application under paragraph (2) shall verify a national technical certificate with the capacity to demonstrate the qualification in possession of technical skills through joint use of administrative information under Article 36 (1) of the Electronic Government Act, and the certificate of corporate registration for corporations or the business license for individuals: Provided, That, as for the national technical qualification and the business license, if the applicant does not consent to the verification, the applicant shall be required to attach a duplicate thereof.<Amended on Dec. 10, 2021>

(4) Where Mayor/Do Governor receives an application for permission under paragraph (2), he or she shall review the attached documents specified in the subparagraphs of paragraph (2) and decide whether to grant permission. In such cases, if deemed necessary for determination as to whether the requirements for permission (including permission for alteration) are satisfied, Mayor/Do Governor may request the Korea Environment Corporation to conduct a technical review and hear its opinion.

(5) Where Mayor/Do Governor grants permission to engage in the wastewater treatment business, he or she shall issue a license to engage in the entrusted wastewater treatment business and reuse business in attached Form 42.

(6) Where Mayor/Do Governor issues permission to engage in the entrusted wastewater treatment business or the reuse business under paragraph (5), he or she shall publish such fact on the website of the city or province and notify the Mayor/Do Governor thereof. The same shall apply where permission is revoked or business is suspended under Article 64 of the Act.

(7) Deleted. <Dec. 10, 2021.>

[This Article Wholly Amended on Nov. 27, 2020]

Article 90-2(Permission for Alteration and Report on Alteration of Waste Treatment Business) #

(1) Where a wastewater treatment business entity under Article 62 (3) of the Act (hereinafter referred to as “waste treatment business entity”) intends to alter any matters permitted under the latter part of paragraph (1) of the same Article, he or she shall obtain the permission for alteration or file a report on alteration under the following classification: <Amended on Dec. 10, 2021>

1. Where he or she needs to obtain permission for alteration:

(a) Alteration in the wastewater treatment capacity and treatment method;

(b) Alteration in the facilities and equipment among the permission requirements under attached Table 20;

2. Where he or she needs to file a report on alteration:

(a) Alteration of the representative;

(b) Alteration to the name or trade name of the place of business;

(d) Alteration to the technical capabilities among the permission requirements under attached Table 20;

(e) Where a measurement agency agreement, a joint use agreement, or a lease agreement on testing instruments and equipment is entered into according to Note 3 of attached Table 20;

(f) Where the terms and conditions of the agreement under (e) are modified (excluding the term of the agreement).

(2) For a wastewater treatment business entity to obtain permission for alteration or file a report on alteration under paragraph (1), he or she shall file an application for permission for alteration or a report for alteration of the wastewater treatment business entity or reuse business in attached Form 43, accompanied by the license and documents demonstrating alterations made, to the Mayor/Do Governor by the deadline specified in each of the following subparagraphs: <Amended on Dec. 10, 2021>

1. For paragraph (1) 1: Before the alteration;

2. For paragraph (1) 2 (a): Within 60 days from the date on which the cause occurred;

3. For paragraph (1) 2 (b) through (f): Within 30 days from the date on which the cause occurred.

(3) A relevant public official who has received an application for permission for alteration or a report on alteration under paragraph (2) shall verify a national technical certificate with the capacity to demonstrate the qualification in possession of technical skills through joint use of administrative information under Article 36 (1) of the Electronic Government Act, and the certificate of corporate registration for corporations or the business license for individuals: Provided, That, as for the national technical qualification and the business license, if the applicant does not consent to the verification, the applicant shall be required to attach a duplicate thereof.

[This Article Newly Inserted on Nov. 27, 2020]

Article 91-2(Regular Inspection of Wastewater Treatment Facilities by Wastewater Treatment Business Entity) #

(1) “Inspection standards prescribed by Ordinance of the Ministry of Environment” in Article 62-2 (1) of the Act refers to the inspection standards as specified in attached Table 20-3.

(2) “Inspection institutions prescribed by Ordinance of the Ministry of Environment” in Article 62-2 (1) of the Act refers to the following:

1. Korea Environment Corporation;

2. Other institutions deemed to have the capacity to inspect wastewater treatment facilities and publicly notified by the Minister of Environment.

(3) The regular inspection under Article 62-2 (1) of the Act (hereinafter referred to as “regular inspection”) shall be held every three years, whereas the first regular inspection shall be conducted before three years elapse from the date on which the permission for wastewater treatment business was obtained.

(4) A person who intends to undergo a regular inspection shall submit an application for regular inspection of wastewater treatment facilities in attached Form 46, accompanied by the documents specified in each of the following subparagraphs, to the inspection institution under paragraph (2) (hereinafter referred to as “inspection institution”) at least 15 days prior to the date of inspection:

1. A copy of the consigned wastewater treatment business/recycling business permit;

2. Design drawings of wastewater treatment facilities and treatment capacity calculation sheet;

3. A copy of the results of the previous periodic inspection (excluded if the first periodic inspection is to be conducted);

4. If there has been any alteration to the wastewater treatment facility since the last periodic inspection, the alterations made;

5. Waste treatment facility operation and maintenance plan;

6. Status of wastewater treatment facilities and equipment.

(5) Upon completion of the regular inspection, the inspection institution shall issue the written result of the regulation inspection of wastewater treatment facilities in attached Form 47 without delay to the person who has applied for the inspection, and report thereof to the Mayor/Do Governor.

(6) Except as provided in paragraphs (1) through (5), matters necessary for the regular inspection of wastewater treatment facilities, such as detailed inspection standards and inspection methods, shall be determined and publicly notified by the Minister of Environment. <Amended on Dec. 10, 2021>

[This Article Newly Inserted on Nov. 27, 2020]

[Title Amended on Dec. 10, 2021]

Article 101(Reasons such as Reporting and Inspection, and Integrated Inspection, Etc.) #

(1) “Circumstances prescribed by Ordinance of the Ministry of Environment” in the Article 68 (1) of the Act, with the exception of its subparagraphs, means any of the following: <Amended on Jan. 19, 2012; Jan. 29, 2014; Jun. 16, 2015; Jan. 19, 2017>

1. Where guidance is provided or inspection is conducted to ensure the proper operation of wastewater discharge facilities, water pollution preventive facilities, public wastewater treatment facilities, other water pollution sources, or water play facilities, or to verify the treatment status of water pollutants;

2. Where the discharge of water pollutants may result in the water pollution accident or damage to the environment;

3. Where a legitimate request has been made from another institution or a civil petition has been filed;

4. Where it is necessary to fulfill duties involving permission, report, and registration under the Act;

5. Where it is necessary to verify improvement plans or improvement completion reports submitted by a business entity who has not received any improvement order;

6. Where it is necessary to impose effluent charges or examine the discharge quantity of water pollutants;

7. Where it is necessary to ensure that water pollution preventive facilities, public wastewater treatment facilities, other water pollution sources, or water play facilities are adequately built;

8. Where it is necessary to confirm the adequacy of the design and construction of water pollution prevention facilities or the status of consigned treatment, such as the quantity of consigned wastewater, quantity treated, inventory, etc. of consigned wastewater;

8-2. Where it is necessary to confirm the operational status of measuring instruments and to verify the compliance with operation and management standards;

9. Where it is necessary to verify the compliance with orders or other necessary matters under the Act;

10. Where it is necessary to identify the plan and fulfillment of the duties consigned by the Minister of Environment.

(2) Where the person referred to in each subparagraph of Article 68 (1) of the Act (hereinafter referred to as “business entity, etc.”) intends to file a report or submit data, he or she may file a report or submit data in an electronic means using videotapes and computer disks among others.

(3) A public official who gains access or conducts inspections under Article 68 (1) of the Act shall issue the purpose of access and inspection, personal information, inspection results, etc. in writing to the business entity, etc.

(4) Where the Minister of Environment or Mayor/Do Governor intends to gain access to or inspect a business entity, etc. under Article 68 (1) of the Act, in case where the facility or place of business subject to access or inspection matches the facility or paragraph subject to access or inspection under each of the following subparagraphs, he or she shall conduct integrated access and inspection: Provided, That this shall not be the case where it is deemed difficult to conduct an integrated inspection due to civil petitions, accidents causing environmental pollution, wide-area monitoring activities, or the operation of technical personnel and equipment. <Amended on Jun 30. 2010; Dec. 24, 2014; Jan. 19, 2017>

1. Article 82 (1) of the Clean Air Conservation Act

2. Article 51 (1) of the Noise and Vibration Control Act

3. Article 69 (1) and 2 of the Sewerage Act

4. Article 41 (1) or (2) of the Act on the Management and Use of Livestock Excreta

5. Article 43 (1) of the Wastes Control Act

6. Article 49 (1) of the Chemical Substances Control Act

7. Article 43 (1) of the Act on Registration and Evaluation of Chemical Substances

8. Article 30 (1) of the Integrated Control of Pollutant-Discharging Facilities

Article 106(Fees) #

(1) Fees under Article 73 shall be as follows: <Amended on Jul. 5, 2012; Feb. 3, 2020; Nov. 27, 2020; Dec. 10, 2021>

1. Report on the installation of wastewater discharge facilities under Article 33 (1) of the Act: 10,000 won (9,000 won if the fee is paid via electronic currency and electronic payment using information and communication network);

2. Permission for alteration of wastewater discharge facilities under the former part of Article 33 (2) of the Act: 5,000 won (4,000 won if the fee is paid via electronic currency and electronic payment using information and communication network);

2-2. Registration of the measuring instruments management agency under the former part of Article 38-6 (1) of the Act: 10,000 won (9,000 won if the fee is paid via electronic currency and electronic payment using information and communication network);

2-3. Registration for alteration of the measuring instruments management agency under the latter part of Article 38-6 (1) of the Act: 5,000 won (4,000 won if the fee is paid via electronic currency and electronic payment using information and communication network);

3. Permission of the wastewater treatment business under the former part of Article 62 (1) of the Act: 10,000 won (9,000 won if the fee is paid via electronic currency and electronic payment using information and communication network);

4. Permission for alteration or report on alteration of the wastewater treatment business under the latter part of Article 62 (1) of the Act: 5,000 won (4,000 won if the fee is paid via electronic currency and electronic payment using information and communication network);

5. Fees for the performance inspection under Article 73-2 (2) of the Act: The amount set by the CEO of the Korea Environment Corporation under paragraph (2);

6. Periodic inspection under subparagraph 5 of Article 73 of the Act. The amount determined and publicly notified by the Minister of Environment in consideration of labor costs, other expenses, and royalties for each type and scale of the wastewater treatment facility.

(2) Fees under paragraph 1 (5) shall be determined by the CEO of the Korea Environment Corporation with the approval of the Minister of Environment, and the details thereof shall be published on the website of the Korea Environment Corporation for 20 days to remain open to the opinions of interested parties before setting the fees: Provided, That where it is deemed urgent, the details may be published on the website of the Korea Environment Corporation for 10 days with the reasons for the reduced period.<Amended on Feb. 3, 2020>

(3) Where the CEO of the Korea Environment Corporation has set the fees under paragraph (2), he or she shall disclose the said amount and calculation details thereof on the website of the Korea Environment Corporation.<Newly Inserted on Feb. 3, 2020>

(4) Fees under paragraph (1) shall be paid under the following classification: Provided, That the Minister of Environment, Mayor/Do Governor, or the CEO of the Korea Environment Corporation may allow fees to be paid by other means such as electronic currency and electronic payment using information and communications network: <Newly Inserted on Feb. 3, 2020; Nov. 27, 2020; Dec. 10, 2021>

1. Fees under paragraph (1) 1 through 4 (excluding subparagraph 2-2 and 3 of the same paragraph): To be paid to Mayor/Do Governor with certificate stamp

1-2. Fees under paragraph (1) 2-2 and 2-3: To be paid to the Minister of Environment with revenue stamp

2. Fees under paragraph (1) 5: To be paid to the CEO of the Korea Environment Corporation with cash

3. Fees under paragraph (1) 6: To be paid to the testing institution with cash

Article 107-2(Re-Examination of Regulations) #

(1) The Minister of Environment shall review the feasibility of each of the following matters every three years (referring to the date immediately preceding the reference date of the every third year) from the reference date prescribed in each of the following subparagraphs and take measures such as making an improvement: <Amended on Dec. 16. 2014; Jun. 16, 2015; Dec. 31, 2019>

1. Applicability, methods, etc. of the allocation of pollution loads or designation of discharge quantity by local governments under Article 16; January 1, 2014

2. Implementation period and extension period for a disposition order under Article 17 (2) and (3): January 1, 2014

3. Deleted. <Dec. 10, 2021>

4. Deleted. <Dec. 10, 2021>

5. Deleted. <Dec. 31, 2019>

6. Documents to be submitted for the calculation of basic charges under Article 54 (1): January 1, 2014

7. Deadlines for reporting the installation and alteration of non-point pollution sources under Article 73 (1), (2), and (5) and documents to be submitted to file a report on installation: January 1, 2014

8. Deadlines for filing a report on the installation, management, or a report on the alteration of other water pollution sources under Article 86 (1) and (3) and documents, etc. to be submitted for filing a report on the installation and management; January 1, 2014

9. Measures to be taken by the manager of the installation of other water pollution sources under Article 87 and attached Table 19; January 1, 2014

10. Deleted. <Dec. 31, 2019>

11. Documents to be submitted for registration standards and registration application for the wastewater treatment business under Article 90 (1), (2), and (6) and attached Table 20 and those who need to register alteration: January 1, 2014

12. The types and times of education for environmental engineers and types and period of educational courses under Article 93 (1) and Article 94: January 1, 2014

(2) The Minister of Environment shall examine the validity of the following matters every two years from each reference date (referring to the date prior to the reference date of every second year) and enforce measures such as making improvements: <Newly Inserted on Dec. 16, 2014; Jun. 16, 2015>

1. Deleted. <Dec. 31, 2019>

2. Operation and management standards for measuring instruments under Article 50: January 1, 2015

3. Reasons such as reporting and inspection under Article 101: January 1, 2015

4. Administrative disposition standards under Article 105 and attached Table 22: January 1, 2015

[This Article Wholly Amended on Apr. 30, 2014]

Enforcement Rules of the Water Environment Conservation Act

Article 1(Purpose) #

Article 2(Other Water Pollution Source) #

Article 3(Water Pollutant) #

Article 4(Specific Substance Harmful to Water Quality) #

Article 5(Public Waters) #

Article 6(Wastewater Discharge Facility)

Article 7(Water Pollution Preventive Facility) #

Article 8(Non-Point Pollution Reduction Facility) #

Article 8-2(Components of Aquatic Ecosystems) #

Article 8-3(Facilities Excluded from Water Play Facilities) #

Article 9(Application for Approval of Target Water Quality to be Achieved by the Total Pollution Load Control) #

Article 10(Methods for Measuring Water Quality in Unit River Basin Subject to the Total Pollution Load Control) #

Article 11(Application and Standards for Approval of Master Plans for Total Pollution Load Management) #

Article 12(Areas for which Action Plans for Total Pollution Load Management are Formulated) #

Article 13(Approval Procedures and Standards for Action Plan for the Total Pollution Load Management) #

Article 14(Evaluation of Implementation of Action Plan for the Total Pollution Load Management) #

Article 15(Method of Allocating Pollution Loads or Designating Discharge Quantity, Etc.) #

Article 16(Subject and Method of Allotment of Pollution Load or Designation of Discharge Quantity of Local Governments) #

Article 17(Disposition Order, Etc.) #

Article 18(Standards for Imposition of Penalty Surcharges on Business Entity, Etc. Who Has Been Allotted Pollution Load, Etc.) #

Article 19(Notification of Payment of Penalty Surcharges for Excess of Total Pollution Load, Etc.) #

Article 20(Survey and Research Teams for Total Pollution Load Management) #

Article 21(Types of Information Provided) #

Article 22(Types of Measurement Networks Installed and Operated by the Head of the National Institute of Environmental Research, Etc.) #

Article 23(Types of Measurement Networks Installed and Operated by Mayors/Do Governors, Etc.) #

Article 24(Matters and Notice of Measurement Network Installation Plan) #

Article 24-2(Examination of Current Status of Aquatic Ecosystems) #

Article 24-3(Health Assessment of Aquatic Ecosystems) #

Article 24-4(Establishment and Public Notification of Plan for Examination of Current Status of Aquatic Ecosystems) #

Article 24-5(Access to Land of Others) #

Article 25(Determination, Evaluation, and Disclosure of Target Standards for Water Environment) #

Article 26(Standards for Effluent Water Quality from Public Wastewater Treatment Facilities) #

Article 26-2(Standards for Discharge of Earth and Sand) #

Article 26-3(Scope of Expenses to be Borne due to Relevant Prevention and Elimination Measures on One's Behalf) #

Article 26-4(Radiation Testing Method) #

Article 27(Restricted Access Areas, Roads, and Sections for Conservation of Water Quality of Water Sources) #

Article 27-2(Related Specialized Institutions) #

Article 28(Application for Purchase of Riparian Ecological Zones) #

Article 28-2(Instigation of Vulnerability to Climate Change) #

Article 29(Specifications and Details of Signboards in No-Take Zones and Fishing-Restricted Zones) #

Article 30(Restrictions Imposed in Fishing-Restricted Zones) #

Article 30-2(Restricted Activities in Contaminated Public Waters) #

Article 30-3(Areas Required to Install Buffer Storage Facilities) #

Article 30-4(Installation and Operation Plans for Buffer Storage Facilities) #

Article 30-5(Standards for Installation and Operation of Buffer Storage Facilities) #

Article 31(Standards for Classification of Sphere of Influence of River Basin) #

Article 31-2(Methods for Examination of Continuity of Aquatic Ecosystems) #

Article 31-3(Standards for Discontinuance of and Damage to the Continuity of Aquatic Ecosystems) #

Article 31-4(Measures Necessary for the Continuity of Aquatic Ecosystems) #

Article 32(Investigation of Pollution Sources) #

Article 32-2(Matters Included in National Master Plan for Water Environment Management) #

Article 32-3(Matters Included in Plans to Manage Water Environment of Large Spheres of Influence) #

Article 32-4(Formulation of Plans to Manage Water Environment of Medium Spheres of Influence) #

Article 33(Mediation Procedures for Transportation and Disposal of Litters in Lakes and Marshes) #

Article 33-2(Designation and Cancellation of Reservoirs with Priority Management) #

Article 33-3(Formulation of Preventive Measures Against Water Pollution, Etc.) #

Article 34(Permissible Discharge Limits) #

Article 35(Wastewater Discharge Facilities not subject to Permissible Discharge Limits) #

Article 35-2(Applicable Standards of Wastewater Discharge Facilities for Specific Substances Harmful to Water Quality) #

Article 36(Forms such as Application for Permission to Install Wastewater Discharge Facilities) #

Article 37(Documents to be Submitted for Application for Permission to Install Wastewater Non-Discharge Facilities, Etc.) #

Article 38(Report on Alteration, Etc. to Wastewater Discharge Facilities) #

Article 38-2(Period for Notification as to Whether the Report on Installation or Alteration of Wastewater Discharge Facilities is Accepted) #

Article 39(Specific Substances Harmful to Water Quality for which Wastewater Non-Discharge Facilities may be Installed) #

Article 40(Relevant Specialized Institutions) #

Article 41(Wastewater Subject to Entrusted Treatment) #

Article 42(Treatment of Water Pollutants Using Methods Other Than Installation of Water Pollution Preventive Facilities) #

Article 43(Documents to be Submitted to be Exempt from Installation of Water Pollution Preventive Facilities) #

Article 44(Matters to be Observed by Persons Exempted from Installation of Water Pollution Preventive Facilities) #

Article 45(Installation and Alteration of Common Prevention Facilities, Etc.) #

Article 46(Report on Commencement of Operation) #

Article 47(Period of Test Operation, Etc.) #

Article 48(Recognition, Etc. of Dilution of Water Pollutants) #

Article 49(Retention of Operation Records of Wastewater Discharge Facilities and Water Pollution Preventive Facilities) #

Article 50(Standards for Operation and Management of Measuring Instruments) #

Article 51(Improvement Orders, Etc.) #

Article 52(Submission of Improvement Plans, Etc. of Business Entities, Etc. Who Have Not Received Disposition Orders or Improvement Orders) #

Article 52-2(Submission of Statement of Improvement of Business Entities, Etc. Who Have Not Received Disposition Orders or Improvement Orders) #

Article 52-3(Application for Registration of Measuring Instruments Management Agency) #