Article 35(Delegation of Authority) #
(1) Pursuant to Article 35 (1) of the Act, the Minister of Environment shall delegate his or her authority to conduct the following activities to the President of the National Institute of Environmental Research: <Amended on Feb. 25, 2020>
1. Conducting surveys and studies on the current state of air and water pollution and the status of use of river systems under Article 8 (2) 3 of the Act;
2. Conducting surveys and studies for determining the targeted level of environmental quality under Article 8 (2) 4 of the Act;
3. Formulating best available techniques under Article 24 (1) of the Act;
4. Formulating and distributing standards for best available techniques under Article 24 (2) of the Act and reviewing, modifying and supplementing the standards periodically;
5. Conducting surveys and studies to formulate standards for best available techniques under Article 24 (4) of the Act;
6. Forming and operating a technical force team for each type of business under Article 24 (5) of the Act;
7. Conducting situation surveys under Article 25 (1) of the Act;
8. Establishing and operating an integrated environmental permission system.
(2) Pursuant to Article 35 (1) of the Act, the Minister of Environment shall delegate his or her authority to conduct the following activities to the heads of river basin environmental offices, the heads of regional environmental offices, or the head of the Metropolitan Air Quality Management Office: <Newly Inserted on Feb. 25, 2020>
1. Receiving reports on the start of operation of discharging facilities, etc. and prevention facilities and statements of results of inspections under Article 12 (1) of the Act, conducting on-site inspections and accepting reports under paragraph (2) of the same Article, and issuing orders to make improvements under paragraph (4) of the same Article;
2. Monitoring the status of operation, and measuring and ascertaining discharged pollutants, etc. under Article 13 (1) of the Act;
3. Issuing orders for improvement under Article 14 (1) of the Act and orders to suspend operation or discontinue use under paragraph (2) of the same Article;
4. Imposition, collection, reduction, exemption, adjustment, etc. of effluent charges under Articles 15 through 17 of the Act;
5. Determining to defer the collection of effluent charges or to permitting installment payments, extending the collection deferment period, increasing the number of installment payments, requesting provision of assets as security, and revoking the deferment of collection under Article 18 of the Act;
6. Issuing orders to take measures under Article 20 (3) of the Act and orders to suspend operation under paragraph (4) of the same Article;
7. Issuing orders to take measures under the former part of Article 21 (3) of the Act and orders to suspend operation or discontinue use under the latter part of the same paragraph;
8. Issuing orders to suspend operation or discontinue use under Article 22 (1) of the Act (limited to the grounds under subparagraphs 6 through 14 of the same paragraph);
9. Issuing orders to suspend operation or discontinue use under Article 22 (2) of the Act (limited to the grounds under subparagraphs 2 through 4 of the same paragraph);
10. Imposing collecting penalty surcharges under Article 23 (1) and (4) of the Act (limited to the grounds under subparagraphs 6 through 14 of the same paragraph where imposing and collecting penalty surcharges in lieu of orders to suspend operation or discontinue use under Article 22 (1) of the Act, and limited to the grounds under subparagraphs 2 through 4 of the same paragraph where imposing and collecting penalty surcharges in lieu of orders to suspend operation or discontinue use under paragraph (2) of the same Article);
11. Receiving annual reports on the operation and management of discharging facilities, etc. and prevention facilities under Article 33 (1) of the Act;
12. Imposing and collecting administrative fines under Article 47 of the Act (limited to affairs related to the authority delegated to the heads of river basin environmental offices, the heads of regional environmental offices, or the head of the Metropolitan Air Quality Management Office);
13. Receiving self-improvement plans for discharging facilities, etc. or prevention facilities, verifying the cause of improvement, receiving reports on the performance of self-improvement, verifying whether work for improvement is completed, and receiving and processing applications for extending the period for improvement (including cases applied mutatis mutandis in Article 20 (2));
14. Receiving self-improvement plans for automatic measuring instruments under Article 20.