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ENFORCEMENT DECREE OF THE ACT ON THE INTEGRATED CONTROL OF POLLUTANT-DISCHARGING FACILITIES

Presidential Decree No. 27737, Dec. 30, 2016

Amended by Presidential Decree No. 27792, Jan. 17, 2017

Presidential Decree No. 28583, Jan. 16, 2018

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Act on the Integrated Control of Pollutant-Discharging Facilities and matters necessary for enforcing the said Act.
CHAPTER II PERMISSION, ETC. FOR DISCHARGING FACILITIES IN BUSINESS ESTABLISHMENTS SUBJECT TO INTEGRATED CONTROL
 Article 2 (Integrated Permission)
(1) The types of businesses requiring permission from the Minister of Environment for installing and operating discharging facilities, etc. under Article 6 (1) of the Act on the Integrated Control of Pollutant-Discharging Facilities (hereinafter referred to as the "Act") and the timing for applying the requirement are as prescribed in attached Table 1.
(2) "If a person who obtains a permit granted under paragraph (1) intends to revise any of the important matters specified by Presidential Decree" in the main sentence of Article 6 (2) of the Act means the cases referred to in attached Table 2.
(3) "If a person intends to revise any of the matters specified by Presidential Decree among the matters not included in the matters for which a revised permit has been granted or revises any of the matters specified by Presidential Decree" in the proviso to Article 6 (2) of the Act means the cases referred to in attached Table 3.
(4) "Matters prescribed by Presidential Decree" in Article 6 (6) of the Act means findings from an inspection and analysis conducted on the impact of emissions and effluent discharged from discharging facilities, etc. on their environs, as prescribed by Ordinance of the Ministry of Environment.
 Article 3 (Criteria for Permission in Areas subject to Restriction on Installation of Discharging Facilities)
"Standards, etc. for the installation, maintenance, and management of the facilities specified by Presidential Decree" in Article 7 (5) 2 of the Act means the standards prescribed in attached Table 4.
 Article 4 (Amendment of Conditions of Permission and Standards for Permissible Emissions)
(1) "Cases specified by Presidential Decree" in the forepart of Article 9 (1) of the Act means the following cases: <Amended by Presidential Decree No. 28583, Jan. 16, 2018>
1. Where the maximum discharge standards under Article 24 (4) of the Act (hereinafter referred to as "maximum discharge standards") are amended;
2. Where it is necessary to intensify control and supervision due to a change of land use in a business establishment and its environs, a change in the conditions of public waters defined in subparagraph 9 of Article 2 of the Water Environment Conservation Act (hereinafter referred to as "public waters"), the deterioration of pollution in the environs of a business establishment or any other change in the environment of a business establishment;
3. Where it is necessary to change the conditions, etc. of operation and management of a facility or process for efficient environmental management, following a change in discharging facilities, etc., prevention facilities, or the manufacturing process of a business establishment subject to integrated control under Article 6 (1) of the Act (excluding cases where a change has been permitted under the main sentence of Article 6 (2) of the Act);
4. Other cases where it is necessary to intensify control and supervision because abnormal operation of discharging facilities, etc. or prevention facilities or an environmental pollution accident is likely to seriously affect the health of people or the environs of a business establishment.
(2) "Cases specified by Presidential Decree, such as where business operators continuously maintain the level of discharged pollutants, etc. at a level significantly lower than the permissible discharge standards" in Article 9 (2) of the Act means cases that meet all of-the following requirements:
1. Discharged pollutants, etc. shall be continuously maintained at a level significantly lower than the permissible discharge standards; and harmful pollutants, etc. shall be appropriately treated and controlled;
2. Appropriate environmental management techniques determined and publicly notified by the Minister of Environment shall be applied according to characteristics of discharging facilities, etc. and prevention facilities;
3. Conditions attached to permits, standards for the operation and management of facilities and relevant statutes shall be fulfilled or observed;
4. The level of discharged pollutants, etc., the status of operation of discharging facilities, etc. and prevention facilities, etc. shall be appropriately measured and monitored.
CHAPTER III MANAGEMENT, ETC. OF DISCHARGING FACILITIES, ETC. IN BUSINESS ESTABLISHMENTS SUBJECT TO INTEGRATED CONTROL
 Article 5 (Reporting of Start of Operation and Acceptance of Reporting)
(1) "Cases specified by Presidential Decree" in the forepart of Article 12 (1) of the Act means the following cases:
1. Where the scale of discharging facilities increases by at least 20/100 in cases referred to subparagraph 1 (a) (iii) of attached Table 3;
2. In cases referred to in subparagraph 1 (a) (vii) of attached Table 3;
3. In cases referred to in subparagraph 1 (a) (xiv) of attached Table 3;
4. Where the method for treating effluent from facilities for preventing water pollution in cases referred to in subparagraph 1 (b) (v) of attached Table 3;
5. Where a new prevention facility is installed for discharging facilities, etc. where the obligation to install prevention facilities is waived in cases referred to in subparagraph 1 (b) (viii) of attached Table 3.
(2) "Facilities specified by Presidential Decree, such as facilities for reducing nitrogen oxides in a power station and facilities for preventing water pollution" in Article 12 (3) of the Act means the following facilities: <Amended by Presidential Decree No. 28583, Jan. 16, 2018>
1. Facilities for preventing air pollution in either of the following categories and facilities emitting air pollutants with either of such prevention facilities installed:
(a) A facility for reducing sulfur oxides;
(b) A facility for reducing nitrogen oxides;
2. Facilities for preventing water pollution and facilities discharging effluent, referred to in subparagraph 2 (g) of Article 2 of the Act, with any of such prevention facilities installed (excluding discharging facilities with no discharged effluent, as referred to in the proviso to Article 33 (1) of the Water Environment Conservation Act);
3. Facilities for preventing noise and vibration, and facilities creating noise and vibration with any of such prevention facilities installed;
4. Discharging facilities referred to in subparagraph 3 of Article 16 of the Enforcement Decree of the Clean Air Conservation Act.
 Article 6 (Period for Improvement)
(1) When the Minister of Environment issues an order of improvement under Article 14 (1) of the Act, he/she shall specify the period of not more than one year for improvement, based on the measures necessary for improvement, the period required for installing facilities, etc.
(2) If the Minister of Environment deems that a business operator is unable to perform works as ordered during the period specified for improvement under paragraph (1), due to a natural disaster or any other force majeure event, he/she may extend the period for improvement by not more than one year, upon request from the business operator.
 Article 7 (Compliance with Order of Improvement)
(1) Upon receipt of an order of improvement issued under Article 14 (1) of the Act, a business operator shall submit an improvement plan, including the following matters, to the Minister of Environment, within 15 days from the date the business operator receives the order: Provided, That, if the Minister of Environment deems it necessary to extend the period for submission, based on the types, scale, etc. of discharging facilities, etc., he/she may extend the period, upon request from the business operator:
1. Facilities requiring improvement and reasons for improvement;
2. Measures to be taken for each cause of improvement;
3. The period of suspension of or restriction on the operation of discharging facilities, etc. during the period for improvement and details of such restriction, where it is intended to suspend or restrict the operation of discharging facilities, etc.;
4. The estimated amount and concentration of pollutants, etc. discharged during the period for improvement (limited to cases where an order of improvement is issued because air pollutants or water pollutants exceed the permissible discharge standards).
(2) Upon receipt of an improvement plan under paragraph (1), the Minister of Environment shall examine the improvement plan to ascertain whether the matters specified in paragraph (1) are included and whether the details thereof are correct and may require the relevant business operator to amend the plan by specifying a period of less than 15 days, if the Minister of Environment deems it necessary to amend the plan.
(3) When a business operator subject to an order of improvement issued under Article 14 (1) of the Act has performed the order thereof, he/she shall promptly prepare a report on the performance of improvement and submit the report to the Minister of Environment.
(4) Upon receipt of a report on the performance of improvement under paragraph (3), the Minister of Environment shall promptly instruct public officials in charge to review details, results, etc. of improvement and to measure pollutants, etc. discharged from discharging facilities, etc. as necessary. In such cases, Article 13 (2) of the Act shall apply mutatis mutandis to methods for measuring pollutants, etc.
(5) Matters necessary for methods, etc. for preparing and submitting an improvement plan under paragraph (1) and a report on the performance of improvement under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment.
 Article 8 (Self-Improvement)
(1) In any of the following cases where pollutants, etc. are likely to be discharged in excess of the permissible discharge standards, the relevant business operator may voluntarily submit a self-improvement plan to the Minister of Environment to take measures for improvement, as prescribed by Ordinance of the Ministry of Environment:
1. Where it is unavoidably necessary to discharge pollutants, etc. in excess of the permissible discharge standards for improving, altering, inspecting, or repairing discharging facilities, etc. or prevention facilities;
2. Where water pollutants are treated biochemically but it is impossible to normally operate discharging facilities, etc. or prevention facilities, due to climate change, inflow of any abnormal substance or any other cause or event;
3. Where it is impossible to normally operate discharging facilities, etc. or prevention facilities, due to an unpredicted failure of any essential machine or device;
4. Where it is impossible to normally operate discharging facilities, etc. or prevention facilities, due to a natural disaster, fire, power and water outages, or any other force majeure event.
(2) Upon receipt of a self-improvement plan under paragraph (1), the Minister of Environment shall instruct public officials in charge to verify whether the cause of improvement falls under any subparagraph of paragraph (1) and to measure pollutants, etc. discharged from discharging facilities, etc. as necessary. In such cases, Article 13 (2) of the Act shall apply mutatis mutandis to methods for measuring pollutants, etc.
(3) Upon completion of works for improvement during the period for improvement, the business operator who submitted a self-improvement plan pursuant to paragraph (1) shall submit a report on the performance of self-improvement to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment: Provided, That, if such business operator is unable to complete works for improvement during the period for improvement, due to a natural disaster or any other force majeure event, the business operator may request the Minister of Environment to extend the period for improvement.
(4) Upon receipt of a report on the performance of self-improvement under paragraph (3), the Minister of Environment shall promptly instruct public officials in charge to verify whether work for improvement is completed and to measure pollutants, etc., discharged from discharging facilities as necessary. In such cases, Article 13 (2) of the Act shall apply mutatis mutandis to methods for measuring pollutants, etc.
 Article 9 (Calculation of Basic Effluent Charges)
(1) The basic effluent charge under Article 15 (2) 1 of the Act (hereinafter referred to as "basic effluent charge") shall be calculated by the following formula, based on the amount (hereinafter referred to as "permissible amount of discharge") and concentration of discharged pollutants, etc. in any item of Article 15 (2) 1 of the Act. The standards for determining the annual charge calculation index, imposition coefficient for each business, regional imposition coefficient, imposition coefficient for each density, the amount of charge per kilogram of a pollutant, etc. are as prescribed in attached Table 5: Basic effluent charge = . Permissible amount of discharge × Annual charge calculation index × imposition coefficient for each business × regional imposition coefficient × imposition coefficient for each density × Amount of charge per kilogram of a pollutant, etc.
(2) If necessary for verifying the permissible amount of discharge, the Minister of Environment may request the relevant business operator to submit data about the permissible amount of pollutants, etc. actually discharged (hereinafter referred to as " fixed amount of discharge") during the period for which the basic effluent charge is imposed.
(3) Upon receipt of a request to submit data under paragraph (2), a business operator shall submit relevant data within 30 days from the reference date for the imposition of the charge under Article 12, as prescribed by Ordinance of the Ministry of Environment: Provided, That a business operator is not obligated to submit data about the determined amount of discharge, if the relevant business establishment is equipped with automatic stack measuring instruments, referred to in Article 18 (1) 1 (b) or automatic water quality measuring instruments, referred to in Article 18 (1) 2 (c) (hereinafter referred to as "automatic measuring instruments"); or has kept and maintained records of the results of self-measurements and the operation, management, etc. of discharging facilities, etc. and prevention facilities in the integrated environmental permission system under Article 28 (1) of the Act (hereinafter referred to as the "integrated environmental permission system") so that the Minister of Environment can verify the determined amount of discharge by the computer system.
(4) The methods for calculating a determined amount of discharge are as prescribed in attached Table 6.
(5) If a business operator fails to submit data pursuant to paragraph (2) or if data submitted or prepared by a business operator are found to be untrue or false, the Minister of Environment may adjust the permissible amount of discharge by the relevant method prescribed in attached Table 7.
(6) In cases of business operators who discharge pollutants, etc. to jointly-managed prevention facilities referred to in Article 29 (1) of the Clean Air Conservation Act or Article 35 (4) of the Water Environment Conservation Act (hereinafter referred to as "jointly-managed prevention facilities") to treat them in such facilities, the basic effluent charge shall be calculated separately for each business operator: Provided, That, if it is impracticable to calculate the charge separately for each business operator, the charge shall be calculated by multiplying the amount determined according to the total amount and concentration of pollutants, etc. discharged from jointly-managed prevention facilities by the charge rate of each business operator as agreed in advance among the business operators involved. <Amended by Presidential Decree No. 28583, Jan. 16, 2018>
 Article 10 (Calculation of Excess Effluent Charges)
(1) The excess effluent charge under Article 15 (2) 2 of the Act (hereinafter referred to as "excess effluent charge") shall be calculated by the following formula, based on the amount and concentration of pollutants, etc. discharged in excess of the permissible discharge standards (hereinafter referred to as "amount of discharge exceeding standards"). In such cases, the standards for determining the amount of discharge exceeding standards, the annual index for determining the charge, the factor for imposing the charge according to the number of repeated violations, the factor for imposing the charge for the relevant region, the factor for imposing the charge according to the relevant level of concentration, the factor for imposing the charge according to the excess rate of the permissible discharge standards, the amount of the charge imposed for pollutants, etc. per kilogram and the fixed charge are as prescribed in attached Table 8: Excess effluent charge = (Amount of discharge exceeding standards × Annual index for determining the charge × Amount of the charge imposed for pollutants, etc. per kilogram) + Fixed charge.
(2) In cases of business operators who discharge pollutants, etc. to jointly-managed prevention facilities to treat them in such facilities, the excess effluent charge shall be calculated separately for each business operator: Provided, That, if it is impracticable to calculate the charge separately for each business operator, the charge shall be calculated by multiplying the amount determined according to the total amount and concentration of pollutants, etc. discharged from jointly-managed prevention facilities by the charge rate of each business operator as agreed in advance among the business operators involved.
 Article 11 (Pollutants, etc. subject to Imposition of Effluent Charges)
"Pollutants, etc. specified by Presidential Decree" in Article 15 (3) 2 of the Act means pollutants, etc. specified in attached Table 9.
 Article 12 (Reference Date, etc. for Imposing Effluent Charges)
The reference date and chargeable period for imposing the basic effluent charge or excess effluent charge are as prescribed in attached Table 10.
 Article 13 (Full or Partial Exemption from Effluent Charges)
(1) The rates of full or partial exemption of eligible entities from effluent charges under Article 16 of the Act are as prescribed in attached Table 11.
(2) Matters necessary for the procedure for full or partial exemption from effluent charges, etc. under Article 16 of the Act shall be prescribed by Ordinance of the Ministry of Environment.
 Article 14 (Notice of Payment of Effluent Charge)
(1) The Minister of Environment shall give notice of payment of an effluent charge within 60 days from the reference date for imposition under Article 12 (referring to the expiry date of the period set for the submission of the fixed amount of discharge under the main sentence of Article 9 (3), if the Minister of Environment intends to have data concerning the fixed amount of discharge submitted pursuant to Article 9 (2)).
(2) When the Minister of Environment gives notice of demand for payment of an effluent charge under paragraph (1) (including cases where such notice is given after the adjustment under Article 17 (1) of the Act), he/she shall give written notice of necessary matters, such as the amount of pollutants subject to imposition of the charge, the amount of the charge, the period of payment, the place of payment, etc., as prescribed by Ordinance of the Ministry of Environment. The period of payment of an effluent charge in such cases shall be 30 days from the issuance date of the written notice of payment.
 Article 15 (Adjustment, Refund, etc. of Effluent Charges)
(1) "If any of the events specified by Presidential Decree occurs, such as cases where there is a difference between the volume of currently discharged pollutants and the initially measured volume of discharged pollutants" in Article 17 (1) of the Act means any of the following cases:
1. Where the results of a measurement conducted again because it was found that the state of discharge of pollutants, etc. had been changed since the initial measurement of pollutants, etc. after imposing an excess effluent charge demonstrate that the amount of discharged pollutants, etc. is different from the initially measured amount of discharged pollutants, etc.;
2. Where a business operator inadvertently made a mistake in calculating the fixed amount of discharge and submits wrong data or, where the amount of discharge adjusted by the Minister of Environment is incorrect.
(2) When an effluent charge is adjusted pursuant to paragraph (1) 1, such adjustment shall be based on the amount of discharge measured again for the period after the date of such re-adjustment.
(3) When an effluent charge is adjusted pursuant to paragraph (1) 2, such adjustment shall be based on: the documents submitted along with an application for the permission or an amendment to such permission, or with a report on an amendment under Article 6 of the Act; the results of the measurement of pollutants, etc. under Article 30 (1) of the Act; the results of the self-measurement under Article 31 (1) of the Act; records kept and maintained under Article 32 of the Act; and annual reports, etc. under Article 33 (1) of the Act.
(4) When the Minister of Environment levies or refunds a difference under Article 17 (1) of the Act, he/she shall give written notice of the amount and other necessary matters.
 Article 16 (Application for Adjusting Effluent Charges)
(1) In any of the cases referred to in Article 15 (1), a business operator who received the notice of demand for payment of an effluent charge under Article 14 (1) may file an application for adjusting the effluent charge with the Minister of Environment.
(2) An application for the adjustment under paragraph (1) shall be filed within 60 days from the date the written notice of demand for payment of an effluent charge is delivered.
(3) Upon receipt of an application for the adjustment under paragraph (1), the Minister of Environment shall notify the applicant of the results of processing the application within 30 days.
(4) An application filed for the adjustment under paragraph (1) shall not affect the deadline for the payment of the effluent charge at issue.
 Article 17 (Deferment of Collection, etc. of Effluent Charges)
(1) Any person who wishes to have the collection of an effluent charge deferred or to pay an effluent charge in installments, pursuant to Article 18 (1) of the Act, shall file an application for deferring the collection of the effluent charge or for permitting the payment of the effluent charge in installments with the Minister of Environment in the form prescribed by Ordinance of the Ministry of Environment.
(2) The deferment of collection and the payment in installments under Article 18 (1) of the Act shall be permitted as follows:
1. The period during which the collection of a basic effluent charge may be deferred shall be from the day immediately following the date of deferment to the day immediately before the start date of the next chargeable period; and the number of installments shall not exceed four;
2. The period during which the collection of an excess effluent charge may be deferred shall not exceed two years from the day immediately following the date of deferment; and the number of installments shall not exceed twelve.
(3) The extended period during which the collection of a charge may be deferred under Article 18 (2) of the Act shall not exceed three years from the day immediately following the date of deferment; and the number of installments in such cases shall not exceed eighteen.
(4) The deadline for the payment of an effluent charge in installments, the amount of each installment and other matters necessary for imposing and collecting effluent charges shall be determined by the Minister of Environment.
 Article 18 (Installation, etc. of Measuring Instruments)
(1) "Instruments specified by Presidential Decree (hereinafter referred to as "measuring instruments"), such as automatic water quality measuring instruments, automatic stack measuring instruments, watt-hour meters, and integrating flow meters" in Article 19 (1) of the Act means the following instruments:
1. Instruments for measuring air pollutants:
(a) Watt-hour meters;
(b) Automatic stack measuring instruments (including flow meters, velocimeters, thermometers and data collectors; hereinafter the same shall apply);
2. Instruments for measuring water pollutants:
(a) Watt-hour meters;
(b) Cumulative flow meters for measuring supplied water and effluent;
(c) Automatic instruments for measuring water quality (including automatic sample collectors, data collectors and other ancillary facilities; hereinafter the same shall apply).
(2) The facilities in which each of the instruments specified in paragraph (1) (hereinafter referring to "measuring instruments") shall be installed, the method and timing for installing such instruments, the targets and items to be measured and the methods for measurement are as prescribed in attached Table 12.
(3) A business operator who consents to the installation of measuring instruments pursuant to the proviso to Article 19 (1) of the Act shall submit the documents specified by Ordinance of the Ministry of Environment to the Minister of Environment or the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor").
(4) When a Mayor/Do Governor or a business operator installs measuring instruments pursuant to Article 19 (1) of the Act, he/she may request the Korea Environment Corporation incorporated pursuant to the Korea Environment Corporation Act (hereinafter referred to as the "Korea Environment Corporation") to render assistance.
(5) When a business operator has installed measuring instruments pursuant to paragraph (1), he/she shall promptly notify the Minister of Environment of the installation. In such cases, the Minister of Environment shall examine the installed measuring instruments to make sure whether the installed instruments meet the official test standards for environmental pollution under Article 6 of the Environmental Testing and Inspection Act.
(6) Article 19 (2) of the Enforcement Decree of the Clean Air Conservation Act and Article 35 (5) of the Enforcement Decree of the Water Environment Conservation Act shall apply to the procedure and method for the examination under paragraph (5). <Amended by Presidential Decree No. 28583, Jan. 16, 2018>
 Article 19 (Order to Take Measures to Measuring Instruments)
(1) When the Minister of Environment issues an order to take measures under Article 20 (3) of the Act, he/she shall specify the period of not more than six months for taking such measures.
(2) If the Minister of Environment deems that it is unable to take measures in compliance with an order within the period specified under paragraph (1), due to a natural disaster or other force majeure event, he/she may extend the period for taking measures once by not more than six months, upon request of the relevant business operator.
(3) Article 7 shall apply mutatis mutandis to the preparation, submission and amendment of a plan of a business operator, to whom an order to take measures was issued under Article 20 (3) of the Act (excluding orders to take measures for a violation of the standards for the operation and management of watt-hour meters) to take measures in compliance with such order, the preparation and submission of performance reports, the inspection of the progress of performance, etc. In such cases, "order of improvement" shall be construed as "order to take measures"; "improvement plan" as "plan to take measures"; "facilities requiring improvement" as "facilities subject to the measures"; "period of improvement" as "period for the measures"; "report of performance of improvement" as "report on performance of the measures"; and "results of improvement" as "results of the measures."
 Article 20 (Self-Improvement of Automatic Measuring Instruments)
(1) In any of the following cases, a business operator may voluntarily submit a plan to improve automatic measuring instruments to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, and may take measures necessary for improvement accordingly:
1. Where it is unavoidably impracticable to comply with the standards under Article 20 (2) of the Act so as to improve, alter, examine or repair automatic measuring instruments;
2. Where it is impossible to normally operate automatic measuring instruments, due to an unpredicted failure of any essential part of automatic measuring instruments;
3. Where it is impossible to normally operate automatic measuring instruments, due to a natural disaster, fire or other force majeure event.
(2) Article 8 (2) through (4) shall apply mutatis mutandis to the verification of causes of improvement in a self-improvement plan under paragraph (1), the preparation and submission of a report on the performance of self-improvement, the confirmation of completion of works for improvement according to a report on the performance of self-improvement, etc.
(3) Notwithstanding paragraphs (1) and (2), if errors temporarily occur in measurement data, due to calibration, cleaning or any other minor cause specified by Ordinance of the Ministry of Environment, the relevant business operator may submit a statement of causes for improvement to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment, and may take measures for improving such measuring instruments, etc., notwithstanding paragraphs (1) and (2).
 Article 21 (Processing, etc. of Outcomes of Measurement by Computer Systems)
The computer network in Article 20 (5) of the Act shall be operated by the relevant control center specified in either of the following subparagraphs. In such cases, Article 19 (2) of the Enforcement Decree of the Clean Air Conservation Act and Article 37 (2) of the Enforcement Decree of the Water Environment Conservation Act shall apply to matters necessary for processing, managing, etc. outcomes of measurements: <Amended by Presidential Decree No. 28583, Jan. 16, 2018>
1. Measuring instruments for air pollutants: The smokestack tele-monitoring system control center established and operated by the Minister of Environment pursuant to Article 19 (1) of the Enforcement Decree of the Clean Air Conservation Act;
2. Measuring instruments for water pollutants: The water quality tele-monitoring system control center established and operated by the Korea Environment Corporation pursuant to Article 37 (1) of the Enforcement Decree of the Water Environment Conservation Act.
 Article 22 (Order to Take Measures to Discharging Facilities, etc. and Prevention Facilities)
(1) When the Minister of Environment issues an order to take measures under Article 21 (3) of the Act, he/she shall specify the period for taking such measures within the maximum periods specified in the following:
1. Where an order is issued regarding the installation, management, etc. of discharging facilities, etc. and prevention facilities under Article 21 (2) 1 of the Act: One year;
2. Where an order is issued regarding the measurement of pollutants, etc. under Article 21 (2) 2 (a) of the Act: One month;
3. Where an order is issued regarding the survey on the impact on the environs under Article 21 (2) 2 (b) of the Act: Six months.
(2) If it is deemed impossible to take measures in compliance with an order within the period specified in paragraph (1), due to a natural disaster or other force majeure event, the Minister of Environment may extend the period for improvement by not more than six months, upon request of the relevant business operator.
(3) Article 7 shall apply mutatis mutandis to preparing, submitting and amending a plan of a business operator, to whom an order to take measures was issued under Article 21 (3) of the Act, to take measures in compliance with such order, the preparation and submission of performance reports, the inspection of the progress of performance, etc. In such cases, "order of improvement" shall be construed as "order to take measures"; "improvement plan" as "plan to take measures"; "facilities requiring improvement" as "facilities subject to the measures"; "period of improvement" as "period for the measures"; "report of performance of improvement" as "report on performance of the measures"; and "results of improvement" as "results of the measures."
 Article 23 (Imposition, etc. of Penalty Surcharges)
Guidelines for imposing penalty surcharges under Article 23 (1) of the Act are as prescribed in attached Table 13.
CHAPTER IV BEST AVAILABLE TECHNIQUES
 Article 24 (Cycle, etc. of Modification and Supplementation of Standards for Best Available Techniques)
The cycle of modification and supplementation of the standards for best available techniques under the latter part of Article 24 (2) of the Act shall be five years: Provided, That, if the Minister of Environment deems necessary in light of the cycle, etc. of facilities for each type of business, he/she may extend the cycle of modification and supplementation by not more than two years, after deliberation by the Central Environmental Policy Committee established pursuant to Article 58 (1) of the Framework Act on Environmental Policy.
 Article 25 (Situation Survey)
(1) Pursuant to Article 25 (1) of the Act, the Minister of Environment may conduct situation surveys on the following matters: Provided, That the matter specified in subparagraph 4 shall be excluded, where a situation survey is conducted on a specific business establishment:
1. The status of input substances and discharged pollutants;
2. The status of operation and management of discharging facilities, etc. and prevention facilities;
3. The status of techniques applied to reduce pollutants, etc.;
4. Development of technology for reducing pollutants, etc.;
5. Other matters that the Minister of Environment deems necessary for preparing best available techniques and developing standards.
(2) When the Minister of Environment makes a request for submitting data or conducting an on-site inspection under Article 25 (2) of the Act, such request shall be in writing. When the Minister of Environment makes a request for conducting an on-site inspection, he/she shall dispatch the document to the relevant business operator at least 15 days before the scheduled date of inspection and shall notify the relevant business operator of findings from the on-site inspection after completing the inspection.
 Article 26 (Persons Eligible for Assistance in Development of Technology)
"Persons specified by Presidential Decree" in Article 26 (2) of the Act means any of the following institutions, organizations or business operators:
1. National or public research institutes;
2. Government-funded science and technology research institutes established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc.;
3. Universities, colleges, industrial colleges, junior colleges and technical colleges under the Higher Education Act and research institutes affiliated to any of such universities and colleges;
4. The Korea Environment Corporation;
5. The Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act;
6. Business-affiliated research institutes with researchers specialized in environment, among business-affiliated research institutes referred to in Article 14-2 (1) of the Basic Research Promotion and Technology Development Support Act;
7. Business operators engaging in the environmental industry under subparagraph 3 of Article 2 of the Environmental Technology and Industry Support Act.
CHAPTER V SUPPLEMENTARY PROVISIONS
 Article 27 (Establishment and Operation of Deliberation Committee for Disclosure of Information about Integrated Environmental Control)
(1) The deliberation committee for the disclosure of information about integrated environmental control under Article 27 (3) of the Act (hereinafter referred to as the "Committee") shall be comprised of not more than 11 members, including one chairperson.
(2) The chairperson of the Committee shall be commissioned by the Minister of Environment, from among committee members who are not public officials; and members of the Committee shall be appointed or commissioned by the Minister of Environment, considering gender equality, from among the following persons:
1. At least one member of the Central Environmental Policy Committee established pursuant to Article 58 (1) of the Framework Act on Environmental Policy;
2. At least one expert with abundant knowledge and experience in integrated control, etc. of discharging facilities, etc.;
3. One person appointed by the Minister of Trade, Industry and Energy, from among public officials in charge of integrated control of discharging facilities, etc. in the Ministry of Trade, Industry and Energy;
4. At least one public official in charge of integrated control of discharging facilities, etc. in the Ministry of Environment.
(3) The term of office of the chairperson of the Committee and committee members who are not public officials shall be three years but may be renewed consecutively only once.
 Article 28 (Removal or Dismissal of Committee Members)
In any of the following cases, the Minister of Environment may remove or dismiss a committee member:
1. If a committee member is unable to continue to perform his/her duties due to mental or physical illness;
2. If a committee member is found to have committed misconduct in connection with his/her duties;
3. If a committee member is found to be incompetent for the office due to neglect of duty or indecent conduct or another factor;
4. If a committee member does not voluntarily refrain from participating in proceedings, although his/her status falls under any subparagraph of Article 29 (1).
 Article 29 (Exclusion of, Challenge against, or Abstention from Members of Product Safety Deliberation Committee)
(1) In any of the following cases, a committee member shall be excluded from proceedings of the Committee for deliberation and resolution:
1. If the committee member or the current or former spouse of the committee member becomes a party involved in the relevant agenda item (including executive officers of a corporation or organization, if the party is a corporation or organization; hereafter the same shall apply in this subparagraph and subparagraph 2) or is a person with a right or an obligation jointly held or owed with any party involved in the relevant agenda item;
2. If the committee member is a current or former relative of any party involved in the relevant agenda item;
3. If the committee member is an executive officer or employee of any corporation or organization involved in the relevant agenda item as a party or was an executive officer or employee of such corporation or organization during the past three years;
4. If the committee member of the corporation or organization to which the committee member belongs is the current or former representative or agent of any party involved in the relevant agenda item;
5. If the committee member has provided consulting service, research service or other service (including subcontracting; hereafter the same shall apply in this paragraph) or has served as an appraiser or investigator, regarding the relevant agenda item;
6. If the corporation or organization for which the committee member works or worked during recent three years as an executive officer or employee has provided consulting service, research service or other service or has served as an appraiser or investigator, regarding the relevant agenda item.
(2) If any party to the relevant agenda item duly suspects the committee member will be partial in the proceedings of deliberation and resolution, such party may file a challenge against the committee member; and the Committee shall determine whether to accept the challenge by adopting a resolution. In such cases, the committee member against whom the challenge has been filed shall not participate in the proceeding of resolution.
(3) If the status of a committee member falls within any of the grounds for exclusion under paragraph (1), he/she shall voluntarily abstain from participating in the proceedings of deliberation and resolution on the relevant agenda item.
 Article 30 (Duties of Chairperson)
(1) The chairperson shall represent the Committee and administer all business affairs of the Committee.
(2) If the chairperson is unable to continue to perform his/her duties due to extenuating circumstances, the committee member predesignated by the chairperson shall act on behalf of the chairperson.
 Article 31 (Operation of Committee)
(1) The chairperson shall convene meetings of the Committee and preside over the meetings.
(2) A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require a concurring vote of at least a majority of those present.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for operating the Committee shall be determined by the Minister of Environment.
 Article 32 (Method, Procedure, etc. for Disclosure of Information)
(1) The Minister of Environment shall give written notice of the plan to disclose information to the person regarding whom relevant information specified in Article 27 (1) shall be disclosed according to a resolution adopted by the Committee after deliberation pursuant to Article 27 (3) of the Act.
(2) If necessary for the deliberation and resolution under paragraph (1), the Committee may seek an opinion on whether to disclose relevant information from the person regarding whom relevant information is to be disclosed, before disclosing information.
(3) If any person regarding whom information is to be disclosed has any objection to the decision to disclose information, such person shall submit a written argument to the Minister of Environment within 30 days from the date the notice under paragraph (1) is delivered.
(4) If a person requests non-disclosure of relevant information in a written argument submitted pursuant to paragraph (3), the Minister of Environment shall refer the case to the Committee to deliberate on whether to disclose all or part of relevant information, within three months from the filing date of the written argument.
(5) When the Minister of Environment makes a determination on whether to fully or partially disclose information pursuant to paragraph (4), he/she shall promptly give notice of the determination to the person who submitted a written argument pursuant to paragraph (3).
(6) Except as otherwise provided for in paragraphs (1) through (5), matters necessary for the method, procedure, etc. for disclosing information by the Committee shall be prescribed by Ordinance of the Ministry of Environment.
 Article 33 (Establishment, etc. of Integrated Environmental Permission System)
(1) "Affairs specified by Presidential Decree, including applications filed for a permit or revised permit under Article 6" in Article 28 (1) of the Act means the following:
1. Applications for ex-ante consultation under Article 5 (1) of the Act and notification of results of such ex-ante consultation;
2. Applications for a permit or revised permit and revised reports under Article 6 of the Act;
3. Notification of results of an examination on whether the criteria for permission under Article 7 of the Act are fully met;
4. Amendment of conditions of permission or permissible discharge standards under Article 9 of the Act;
5. Reports on Start of Operation under Article 12 of the Act and acceptance of such reports;
6. Notification of details of adjustment of an effluent charge under Article 17 (1) of the Act;
7. Preparation of best available techniques and standards for best available techniques under Article 24 of the Act;
8. Submission of data for situation surveys under Article 25 of the Act;
9. Disclosure of information under Article 27 (1) of the Act;
10. Keeping and maintenance of records of results of self-measurement under Article 31 (1) of the Act;
11. Keeping and Maintenance of Records under Article 32 of the Act;
12. Preparation and submission of annual reports under Article 33 (1) of the Act;
13. Submission of improvement plans, reports on performance of improvement, plans to take measures and reports on performance the measures under Article 7 (including cases to which Article 7 shall apply mutatis mutandis pursuant to Article 19 or 22) and self-improvement plans and reports on performance of self-improvement under Article 8 (including cases to which Article 8 shall apply mutatis mutandis pursuant to Article 20);
14. Submission of data about a determined amount of discharge under Article 9 (3);
15. Submission of applications for deferring the collection of an effluent charge or for permitting the payment of an effluent charge in installments under Article 17 (1);
16. Other affairs that can be administered efficiently by using the integrated environmental permission system.
(2) The Minister of Environment shall publish the methods for using the integrated environmental permission system, such as methods for inputting and searching data, in the integrated environmental permission system.
(3) The Minister of Environment may establish and operate a council jointly with the National Institute of Chemical Safety, the Korea Environment Corporation and other public institutions referred to in Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution").
(4) The institutions participating in the council established pursuant to paragraph (3) shall cooperate with one another by providing and sharing information stored in the operating system of each of them so as to systematically and comprehensively collect, analyze, manage and utilize information regarding business establishments.
 Article 34 (Designation of Specialized Environmental Assessment Institute)
(1) When the Minister of Environment intends to designate a specialized institution pursuant to Article 29 (1) of the Act (hereinafter referred to as "specialized environmental assessment institute"), he/she shall select such institute among public institutions that meet all the following requirements:
1. The institute shall be specialized in and committed to public service for efficient and integrated environmental management of discharging facilities, etc. and prevention facilities;
2. The institute shall be capable of impartially administer affairs related to permission and control of discharging facilities, etc.;
3. The institute shall have knowledge and technology regarding best available techniques under Article 24 (1) of the Act;
4. The institute has specialized human resources and special equipment suitable for administering the affairs in Article 29 (1) of the Act.
(2) To ensure that the specialized environmental assessment institute administer specialized affairs impartially, the Minister of Environment shall inspect and supervise the institute periodically to ensure the reasonableness of findings from technical reviews, the expertise of reviewers, whether the institute has special equipment, etc.
(3) Except as otherwise provided for in paragraphs (1) and (2), matters necessary for the designation, operation, etc. of the specialized environmental assessment institute shall be determined and publicly notified by the Minister of Environment.
 Article 35 (Delegation of Authority)
Pursuant to Article 35 (1) of the Act, the Minister of Environment shall delegate his/her authority to conduct the following activities to the President of the National Institute of Environmental Research:
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.
 Article 36 (Entrustment of Service)
Pursuant to Article 35 (2) of the Act, the Minister of Environment shall entrust the following services to the Korea Environment Corporation:
1. Installing measuring instruments under the proviso to Article 19 (1) of the Act;
2. Operating and managing measuring instruments under Article 20 (2) of the Act;
3. Operating a computer network and rendering technical assistance under Article 20 (5) of the Act;
4. Examining installed measuring instruments to make sure whether they meet relevant standards under the latter part of Article 18 (5);
5. Receiving statements of reasons for improvement submitted pursuant to Article 20 (3).
CHAPTER VI PENALTY PROVISIONS
 Article 37 (Guidelines for Imposing Administrative Fines)
Guidelines for imposing administrative fines under Article 47 (1) through (6) of the Act are as prescribed in attached Table 14.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Article 2 (Transitional Measure concerning Persons Establishing and Operating Existing Discharging Facilities, etc. and Prevention Facilities)
"Matters specified by Presidential Decree" in the proviso to Article 4 (1) of the Addenda to the Act on the Integrated Control of Pollutant-Discharging Facilities (Act No. 13603) means the matters specified by Ordinance of the Ministry of Environment, among the matters in Article 6 (4) 6 of the Act.
Article 3 Omitted.
ADDENDA <Presidential Decree No. 27792, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2017.
Articles 2 through 7 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.