Article 35(Delegation and Entrustment of Authority or Business Affairs) #
(1) The Minister of Environment shall delegate the following authority over places of business to a Mayor/Do Governor pursuant to Article 44 (1) of the Act; provided, excluded herefrom shall be places of business subject to integrated control that have been granted permission under Article 6 (1) of the Act on the Integrated Control of Pollutant-Discharging Facilities, emission facilities installed by a City/Do under the proviso of Article 23 (1) of the Clean Air Conservation Act, and emission facilities installed jointly by at least two Sis/Guns/Gus over which different Cities/Dos have jurisdiction: <Amended on Aug. 13, 2024>
1. Permission to establish a place of business or permission to modify permitted matters under Article 15 (1) or the Act;
2. Acceptance of a report on modification under Article 15 (2) of the Act;
3. Acceptance of a report under the latter part of Article 15 (4) of the Act;
4. Allocation of the total emission allowances under Article 17 (1) of the Act and request for materials under paragraph (7) of that Article;
4-2. Additional allocation under Article 17-2 (1) of the Act;
4-3. Revocation of allocation of the total emission allowances, receipt of reports, and notification under Article 17-3 (1) through (3) of the Act;
5. Receipt of objections and determination thereon under Article 18 of the Act (limited to objections to the allocation of the total emission allowances);
6. Adjustment of the total emission allowances under Article 21 (1) of the Act and reduction of the total emission allowances for the following year under paragraph (2) of that Article;
7. Imposition and collection of penalty surcharges under Article 22 (1) of the Act and additional charges under paragraph (3) of that Article;
8. Revocation of permission or permission for modification under Article 24 (1) of the Act and issuance of an order to close a place of business under paragraph (2) of that Article;
9. Issuance of an order to submit a report or materials, entry, collection, or inspections under Article 41 (1) 1 of the Act (limited to matters delegated pursuant to subparagraphs 1 through 4, 4-2, 4-3, and 5 through 8 of this paragraph);
10. Hearings under subparagraphs 1 and 2 of Article 42 of the Act;
11. Imposition and collection of administrative fines under Article 49 (1), (3), and (4) 1 of the Act (applicable only to where it is necessary for the Mayor/Do Governor to exercise the delegated authority).
(2) The Minister of Environment shall delegate the following authority to the head of a river basin environmental office, the head of a regional environmental office, or the head of the Metropolitan Air Quality Management Office (hereinafter referred to as the "head of a regional environmental government office") pursuant to Article 44 (1) of the Act; in such cases, the authority under subparagraphs 3 through 6, 9, 10, and 10-2 shall be delegated to the head of a river basin environmental office (excluding the head of the Han River Basin Environmental Office) or the head of the Metropolitan Air Quality Management Office, and the authority under subparagraph 12 shall be delegated to the head of a river basin environmental office (excluding the head of the Han River Basin Environmental Office), the head of a regional environmental office, or the head of the Metropolitan Air Quality Management Office: <Amended on Aug. 13, 2024>
1. Conducting of a basic survey or request for submission of materials or for support under Article 7 (1) of the Act;
2. Conducting of a survey on the severity and causes of harm, etc. under Article 7 (3) of the Act;
3. Formulation and modification of master plans and preparation of reports on the outcomes of implementing master plans under Article 9 of the Act;
4. Approval of action plans and approval for modification thereto under Article 10 (1) of the Act;
5. Receipt of reports on the outcomes of implementing action plans under Article 10 (3) of the Act;
6. Request for the submission of improvement plans under Article 10 (4) of the Act;
7. Receipt of the results of calculating emissions under Article 17 (6) of the Act;
8. Receipt of objections and determination thereon under Article 18 of the Act (limited to objections raised on the results of calculating emissions);
9. Receipt of evidentiary documents regarding the transfer of the total emission allowances and verification of such documents under Article 20 (2) of the Act;
10. Approval for carryover and borrowing of the total emission allowances under Article 20-2 (1) and (2) of the Act;
10-2. Recognition of external reductions under Article 20-3 (2) of the Act;
11. Conclusion of voluntary agreements, receipt of reports on results of implementation, and verification of such reports under Article 25 of the Act;
12. Calculation of fuel quality grades, evaluation by quality item, and disclosure of the results thereof under subparagraph 2 of Article 30 of the Act and Article 32 of this Decree;
13. Issuance of an order to submit a report or materials, entry, collection, or inspections under Article 41 (1) 1 of the Act (limited to matters delegated under subparagraphs 1 through 12 of this paragraph);
14. Imposition and collection of administrative fines under Article 49 (3) of the Act (limited to matters related to subparagraph 13 of this paragraph).
(3) The Minister of Environment shall entrust the following business affairs to the Korea Environment Corporation established under the Korea Environment Corporation Act pursuant to Article 44 (2) of the Act:
1. Measurement of air pollution levels, including fine dust, and disclosure of results thereof under Article 8 (1) of the Act;
2. Provision of technical support necessary for operating computer networks and installing and operating measuring equipment under Article 17 (9) of the Act;
3. Provision of technical support necessary for installing and operating prevention facilities under Article 39 (1) 2 of the Act.
(4) The Minister of Environment shall entrust the following business affairs to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act pursuant to Article 44 (2) of the Act:
1. Certification of domestic boilers under Article 35 (1) of the Act and revocation of certification under paragraph (4) of that Article;
2. Inspection of domestic boilers under Article 36 of the Act;
3. Hearings under subparagraph 3 of Article 42 of the Act.