Article 13(Determination and public notice of affected adjacent areas, and measures for relocation) #
(1) "Period prescribed by Presidential Decree" in Article 27(1) of the Act means two years.
(2) Pursuant to Article 27(1) of the Act, a management facility installer/operator shall determine and publicly notify the surrounding areas that are affected by the installation and operation of the public waste resources management facility in terms of their environment and other daily life (hereinafter referred to as "affected adjacent areas"), including the following matters:
1. The name of the public waste resources management facility and the management facility installer/operator;
2. The location (including lot number), scale, and specification of the public waste resources management facility;
3. Expected dates of the start and completion of the installation works for the public waste resources management facility;
4. The scope (including area) of the affected adjacent areas.
(3) Where it is deemed that there is a change in the environmental impact after determining and publicly notifying the affected adjacent areas pursuant to Article 27(1) of the Act, a management facility installer/operator may adjust and publicly notify the affected adjacent areas.
(4) In order to collect results under Article 27(2) of the Act, the resident consultation body under Article 28 of the Act (hereinafter referred to as "resident consultation body") shall select a research institute from among the institutions under the subparagraphs of Article 7(2) to conduct an investigation into the impacts on the environment and other daily life (hereinafter referred to as "environmental impact investigation"), within 90 days from the date of public announcement of the installation plan for the public waste resources management facility (in cases of delay in the organization of the resident consultation body, referring to 30 days from the date of its organization); and shall notify the management facility installer/operator of the result.
(5) Where notified of the result of the selection of the research institute under paragraph (4), the management facility installer/operator shall have the relevant research institute conduct an environmental impact investigation, collect the results of the survey, notify the resident consultation body thereof, and consult with the resident consultation body on matters related to the determination of the affected adjacent areas.
(6) The scope of the areas benefiting from the fund under Article 27(3)2 of the Act (hereinafter referred to as "areas benefiting from the fund") shall be as follows: <Amended on Oct. 1, 2025>
1. An area within two kilometers of the site boundary of a waste landfill facility;
2. An area within 300 meters of the site boundary of any other waste treatment facility than a waste landfill facility;
3. Areas other than those prescribed in subparagraphs 1 and 2 which are, based on the results of the environmental impact investigation, deemed by the management facility installer/operator upon consultation with the Minister of Climate, Energy and Environment as necessary to be included as the areas benefiting from the fund.
(7) A person who intends to request the purchase of land, building, etc. pursuant to the former part of Article 27(5) of the Act shall submit to the relevant management facility installer/operator a written purchase request prescribed by Decree of the Ministry of Climate, Energy and Environment, along with the following documents: <Amended on Oct. 1, 2025>
1. Documents indicating the location and area of the land subject to the purchase request, such as a certified copy of land register;
2. Documents proving that the land subject to the purchase request is of one's own.
(8) A management facility installer/operator shall use the land purchased under Article 27(5) of the Act for any of the following purposes:
1. Installation of measurement facilities to measure environmental pollution caused by the operation of the public waste resources management facility;
2. Installation of facilities for dust and sound insulation of the public waste resources management facility;
3. Installation of facilities for access to the public waste resources management facility, such as access roads;
4. Installation of convenience facilities for the relevant local residents under Article 32(1) of the Act (hereinafter referred to as "convenience facilities for residents");
5. Creation of green areas to prevent pollution, such as air pollution, noise, and odors in the area where the public waste resources management facility is installed.