Article 12(Apportionment of pollution load to business establishments) #
(1) If deemed necessary for achieving and maintaining the target water quality under Article 9(1), the Minister of Climate, Energy and Environment (limited to business establishments specified by presidential decree; the same shall apply hereafter in this Article, Articles 13 and 14) or a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun (excluding business establishments specified by Presidential Decree; the same shall apply hereafter in this Article, Articles 13 and 14) may apportion a pollution load to each person specified by Decree of the Ministry of Climate, Energy and Environment, among persons who shall be bound by the following standards for the quality of discharged water, the standards for the approved discharge or the standards for permitted discharge, for each final discharge outlet or each unit period, or specify the discharge load permissible to each of such persons, as prescribed by Decree of the Ministry of Climate, Energy and Environment. In such cases, the Minister of Climate, Energy and Environment or a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun shall take necessary measures to inform interested parties of the details thereof in advance: <Amended on Jan. 28, 2014; Dec. 22, 2015; Jan. 27, 2016; Jan. 17, 2017; Oct. 1, 2025>
1. Articles 12(3) and 32 of the Water Environment Conservation Act;
2. Article 7 of the Sewerage Act;
3. Article 13 of the Act on the Management and Use of Livestock Excreta;
4. Article 8(1) of the Act on the Integrated Control of Pollutant-Discharging Facilities.
(2) If the Minister of Climate, Energy and Environment intends to apportion a pollution load or specify a permissible discharge load pursuant to paragraph (1), the Minister shall consult in advance with a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(3) If the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun intends to apportion a pollution load or specifies a permissible discharge load pursuant to paragraph (1), he or she shall hear the opinions of interested parties in advance. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(4) A person to whom a pollution load or permissible discharge load has been apportioned or determined under paragraph (1) shall install and operate instruments for measuring the pollution load and the discharge load in his or her business establishment, as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall conscientiously keep and preserve records of measurements. <Amended on Oct. 1, 2025>
(5) Where the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun deems it necessary to ascertain whether the apportioned pollution load or the determined discharge volume is observed, he or she may require a person to whom a pollution load or discharge volume has been apportioned or determined, to file a necessary report or submit data, or a related public official to collect pollutants or examine related documents, facilities, equipment, etc. upon entering the relevant facilities or place of business. In such cases, the public official who enters facilities, etc. to conduct an examination shall carry a certificate of identification indicating his or her authority, and produce it to related persons. <Added on Jan. 28, 2014; Oct. 1, 2025>
(6) The Minister of Climate, Energy and Environment, a Metropolitan City Mayor, a Special Self- Governing City Mayor, or the head of a Si/Gun may order a business entity to improve a pollution prevention facility, or take other necessary measures, if the business entity discharges pollutants in excess of the apportioned pollution load or the determined permissible discharge load pursuant to paragraph (1). <Amended on Jan. 28, 2014; Oct. 1, 2025>
(7) A person subject to an order to take measures under paragraph (6) shall submit an improvement plan to the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun, as prescribed by Decree of the Ministry of Climate, Energy and Environment, and shall report the measures he or she has performed to the Minister of Climate, Energy and Environment, the Mayor of the Metropolitan City, the Special Self-Governing City Mayor, or the head of the Si/Gun without delay when he or she has performed the measures as ordered. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(8) Where a person subject to an order to take measures under paragraph (6) fails to perform complete such measures as ordered, or has performed within the given period but it is found, as a result of an inspection, that the person continues discharging pollutants in excess of the apportioned pollution load or the determined permissible discharge load pursuant to paragraph (1), the Minister of Climate, Energy and Environment, a Metropolitan City Mayor, a Special Self-Governing City Mayor, or the head of a Si/Gun may order the person to completely or partially suspend the operation of the facility at issue for a period of up to six months, or to close the facility. In such cases, an order to close a facility shall be issued only where it is found impossible to lower pollutants even by improving or supplementing the facility to the apportioned pollution load or the determined permissible discharge load. <Amended on Jan. 28, 2014; Oct. 1, 2025>
(9) The criteria for issuing orders to suspend the operation of a facility or close a facility pursuant to paragraph (8) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Jan. 28, 2014; Oct. 1, 2025>
[This Article Wholly Amended on Dec. 27, 2007]