SEWERAGE ACT
Act No. 1825, Aug. 3, 1966
Amended by Act No. 2513, Feb. 8, 1973
Act No. 3213, Dec. 28, 1979
Act No. 3647, Dec. 31, 1982
Act No. 4183, Dec. 30, 1989
Act No. 4598, Dec. 10, 1993
Act No. 4782, Aug. 3, 1994
Act No. 5300, Mar. 7, 1997
Act No. 5454, Dec. 13, 1997
Act No. 5453, Dec. 13, 1997
Act No. 5914, Feb. 8, 1999
Act No. 5911, Feb. 8, 1999
Act No. 5893, Feb. 8, 1999
Act No. 5868, Feb. 8, 1999
Act No. 5864, Feb. 8, 1999
Act No. 6451, Mar. 28, 2001
Act No. 6656, Feb. 4, 2002
Act No. 6841, Dec. 30, 2002
Act No. 7460, Mar. 31, 2005
Act No. 8338, Apr. 6, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8819, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 8957, Mar. 21, 2008
Act No. 9334, Jan. 7, 2009
Act No. 9401, Jan. 30, 2009
Act No. 9432, Feb. 6, 2009
Act No. 9763, jun. 9, 2009
Act No. 9774, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10359, jun. 8, 2010
Act No. 10552, Apr. 5, 2011
Act No. 10599, Apr. 14, 2011
Act No. 10615, Apr. 28, 2011
Act No. 10335, May 31, 2011
Act No. 10893, Jul. 21, 2011
Act No. 11084, Nov. 14, 2011
Act No. 11264, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11915, Jul. 16, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12466, Mar. 18, 2014
Act No. 12738, jun. 3, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13171, Feb. 3, 2015
Act No. 13879, Jan. 27, 2016
Act No. 13888, Jan. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 14839, Jul. 26, 2017
Act No. 15843, Oct. 16, 2018
Act No. 17091, Mar. 24, 2020
Act No. 17326, May 26, 2020
Act No. 17852, Jan. 5, 2021
Act No. 18284, jun. 15, 2021
Act No. 18310, Jul. 20, 2021
Act No. 18914, jun. 10, 2022
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters regarding the planning, installation, operation, management, etc. of sewerage system for the proper treatment of sewage and foul waste, thereby contributing to the prevention of flooding damage caused by sewage overflow, the sustainable development of local communities and improvement of public hygiene, as well as conserving the water environments of public waters. <Amended on Oct. 16, 2018; Jan. 5, 2021>
The terms used in this Act are defined as follows: <Amended on Jan. 7, 2009; Jun. 8, 2010; Nov. 14, 2011; Jul. 16, 2013; May 26, 2020>
| 1. | The term "sewage" means water contaminated by a mixture of liquid or solid created from human living and economic activities (hereinafter referred to as "wastewater"), and rainwater and ground water that flow from the premises of buildings, roads, and other facilities into sewerage systems: Provided, That those from farming agricultural products are excluded herefrom; |
| 2. | The term "foul waste" means liquid or solid contaminants collected from collecting type toilets (including sludge created in the course of cleaning private sewage treatment facilities); |
| 3. | The term "sewerage system" means the entire system of sewage culverts, public sewage treatment plants, simplified public sewage treatment plants, sewage retention facilities, foul waste treatment plants, drainage systems, private sewage treatment facilities, and other structures and facilities installed for the discharge or treatment of sewage and foul waste; |
| 4. | The term "public sewerage system" means a sewage system installed or maintained by each local government: Provided, That private sewerage is excluded herefrom; |
| 5. | The term "private sewerage" means a drainage system, private sewage treatment facilities, and other annexed facilities installed for the discharge or treatment of sewage created from a building, facility, etc. by the builder or owner of the relevant building, facility, etc.; |
| 6. | The term "sewage culvert" means pipelines and annexed facilities installed or managed by a local government for transporting sewage to a public sewage treatment plant, simplified sewage treatment plant, or sewage retention facility, or discharging it to a river, sea, or any other public water; |
| 7. | The term "combined sewage culvert" means a sewage culvert for combined stream of wastewater and rainwater or ground water flowing into a sewerage system; |
| 8. | The term "separate sewage culvert" means a sewage culvert handling wastewater separately from rainwater or ground water flowing into a sewerage system; |
| 9. | The term "public sewage treatment plant" means a treatment plant and its ancillary facilities installed or managed by a local government for treating sewage and discharging it to a river, sea, or any other public water; |
| 9-2. | The term "simplified public sewage treatment plant" means a treatment plant and its ancillary facilities installed or managed by a local government to swiftly treat sewage and discharge it to a river, sea, or any other public water when the amount of sewage flowing into a public sewage treatment plant increases temporarily due to rain; |
| 10. | The term "sewage retention facility" means a facility (excluding facilities under subparagraph 3 (b) of Article 2 of the River Act and facilities reducing rainwater outflow under subparagraph 6 of Article 2 of the Countermeasures against Natural Disasters Act) to temporarily store sewage, or remove or reduce pollutants in sewage for reducing the discharge of pollutants in sewage flowing into a sewage culvert into a river, sea, or any other public water, and for discharging sewage smoothly; |
| 11. | The term "waste treatment plant" means a plant that treats foul waste in such processes as sedimentation and dissolution; |
| 12. | The term "drainage system" means drainage pipes and other draining facilities installed through which sewage effluent from buildings, facilities, etc. flows into a public sewerage system; |
| 13. | The term "private sewage treatment facility" means a facility for treating wastewater effluent from buildings, facilities, etc. in such processes as sedimentation and dissolution; |
| 14. | The term "drainage area" means an area publicly announced pursuant to Article 15 as an area where sewage is allowed to be discharged through a public sewerage system; |
| 15. | The term "sewage treatment area" means an area publicly announced pursuant to Article 15 as an area where sewage is required to be treated through a public sewage treatment plant. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State shall be responsible for establishing a basic policy on the installation and management of sewerage system, the development of related technology, etc. and giving technical and financial support to local governments as required for their earnest performance of responsibility under paragraph (2). |
| (2) | The head of each local government shall be responsible for the proper treatment of sewage and foul waste created within his or her jurisdiction through the installation and management of public sewerage system. |
| Article 4 (Formulation of Master Plan for Nationwide Sewerage System) |
| (1) | The Minister of Environment shall formulate a master plan for nationwide sewerage system covering a span of ten years (hereinafter referred to as "master plan") for a systematic development of the national policy on sewerage system. |
| (2) | The master plan shall include the following: |
| 1. | Matters concerning the conditions of sewage treatment; |
| 2. | Matters concerning the goals of sewage treatment; |
| 3. | Matters concerning the policy directions, including the implementation strategy for sewage treatment and the detailed implementation plan; |
| 4. | Matters concerning the promotion of region-wide sewerage projects; |
| 5. | Matters concerning the extension and rearrangement of public sewerage system; |
| 6. | Matters concerning the rearrangement and distribution of private sewerage; |
| 7. | Matters concerning the research on and technical development of sewerage system; |
| 8. | Matters concerning the improvement of the sewerage management system; |
| 9. | Matters concerning the securing and training of human resources relating to sewerage system; |
| 10. | Matters concerning the estimation of the expenses incurred in the implementation of the projects related to sewerage system and the raising of funds therefor. |
| (3) | When the Minister of Environment intends to establish or revise the master plan, he or she shall consult in advance with the heads of related central administrative agencies, the Special Metropolitan City Mayor, each Metropolitan City Mayor, the Special Self-Governing City Mayor, each Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and when he or she has established or revised the master plan, he or she shall notify the heads of the related administrative agencies and the Mayor/Do Governor thereof. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (4) | When the Minister of Environment intends to formulate or revise the master plan, he or she may request the heads of related administrative agencies and the Mayor/Do Governor to submit relevant data. In such cases, the heads of related administrative agencies and the Mayor/Do Governor shall comply with such request unless there is a compelling reason not to do so. <Amended on May 26, 2020> |
| (5) | The Minister of Environment shall review the feasibility of the master plan when five years elapse after the date the master plan was formulated and shall revise such plan if necessary. <Amended on May 26, 2020> |
| Article 4-2 (Formulation of Basin Sewerage Maintenance Plan) |
| (1) | The head of a basin environmental office or the head of a regional environmental office (hereinafter referred to as "head of a local environmental agency") shall formulate a 20-year plan for the installation, integrated operation, and management of sewerage in each zone determined by Ordinance of the Ministry of Environment based on the master plan (hereinafter referred to as "basin sewerage maintenance plan") in order to prevent overlapping installations of public sewerage systems and ensure the efficient operation and management thereof. |
| (2) | Where a zone determined by Ordinance of the Ministry of Environment pursuant to paragraph (1) spans the jurisdictions of at least two heads of local environmental agencies, or where other extraordinary grounds exist, the head of a local environmental agency determined by Ordinance of the Ministry of Environment shall formulate the relevant basin sewerage maintenance plan. |
| (3) | The basin sewerage maintenance plan shall include the following: <Amended on Jul. 16, 2013; Jan. 5, 2021> |
| 2. | Establishment of the standards for effluent water quality referred to in the proviso of Article 7 (1); |
| 3. | Integration of the installation, operation, and management of sewerage systems in the basin; |
| 4. | Occurrence and treatment of sewage discharge in the basin, and planning to reuse such treated sewage (referring to sewage treated in public sewage treatment plants); |
| 5. | Installation and operation of sewerage system in consideration of water circulations in the basin, the chance of flooding in cities, and the like; |
| 6. | Calculation of expenses incurred in implementing sewerage-related projects and securing financing. |
| (4) | Where the head of a local environmental agency intends to formulate or revise a basin sewerage maintenance plan, he or she shall consult in advance with the Minister of Environment, the heads of the relevant central administrative agencies, Mayors/Do Governors, and the heads of the relevant Sis/Guns, and where the head of a local environmental agency has drawn up or revised a basin sewerage maintenance plan, he or she shall give notice thereof to the heads of the relevant central administrative agencies, Mayors/Do Governors, and the heads of the relevant Sis/Guns. |
| (5) | Where the head of a local environmental agency intends to draw up or revise a basin sewerage maintenance plan, he or she may request the relevant Mayor/Do Governor and the head of a relevant Si/Gun to submit necessary materials. In such cases, the relevant Mayor/Do Governor and the head of the relevant Si/Gun shall, upon receipt of such request, comply therewith unless there is a compelling reason not to do so. |
| (6) | The head of a local environmental agency shall review the feasibility of a basin sewerage maintenance plan every five years from the date the plan is formulated and shall revise the plan if necessary. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 4-3 (Designation of Areas for Priority Control of Sewerage Maintenance) |
| (1) | The Minister of Environment may designate an area where flood damage occurs, or is likely to occur, due to sewage inundation or an area which is likely to worsen the quality of public waters as an area for priority control of sewerage maintenance (hereinafter referred to as "priority control area"), after consultation with the competent Mayor/Do Governor. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor or the head of a Si/Gun (excluding the head of a Gun in a metropolitan city) may request the Minister of Environment to designate an area the sewerage maintenance of which is deemed urgent as a priority control area after consultation with the competent Mayor/Do Governor. The same shall apply where a designated priority control area is altered. |
| (3) | When the Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun (excluding the head of a Gun in a Metropolitan City) requests the Minster of Environment to designate a priority control area or to change such designation, he or she shall establish sewerage maintenance measures as prescribed by Ordinance of the Ministry of Environment and submit them to the Minister: Provided, That when the Minister of Environment designates a priority control area pursuant to paragraph (1), he or she may establish sewerage maintenance measures for the priority control area after such designation. <Amended on Jan. 27, 2016> |
| (4) | The Minister of Environment may subsidize the expenses incurred in implementing sewerage maintenance measures referred to in paragraph (3) within budgetary limits. |
| (5) | When it is deemed necessary to revoke the designation of a priority control area in cases where a ground for the designation thereof ceases to exist, where a necessity to maintain such designation has significantly declined, or in other similar cases, the Minister of Environment may revoke the designation. <Amended on Jan. 27, 2016; May 26, 2020> |
| (6) | The criteria for designation, procedures for designation and for revocation of designation of a priority control area, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 5 (Authority for Establishing Framework Plan for Sewerage Maintenance) |
| (1) | The Special Metropolitan City Mayor, each Metropolitan City Mayor, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun (excluding the head of a Gun within a Metropolitan City) shall establish a 20-year framework plan for sewerage maintenance for each basin in their respective jurisdictions (hereinafter referred to as "framework plan for sewerage maintenance") based on the master plan and the basin sewerage maintenance plans with a view to the improvement of public hygiene and living environment essential for the protection of human health, the maintenance of the standard water quality prescribed by the Framework Act on Environmental Policy, and the prevention of flood inundation in their respective jurisdictions. In such cases, the aforesaid plan for a specific area shall be formulated based on the basic urban plan prescribed in Article 18 of the National Land Planning and Utilization Act, if such plan is established for the area. <Amended on Apr. 5, 2011; Apr. 14, 2011; Feb. 1, 2012; Jul. 16, 2013> |
| (2) | Where a sewerage system spans two or more jurisdictions of the Special Metropolitan City, Metropolitan Cities, or Sis/Guns (excluding a Gun within a Metropolitan City) or where any compelling reason exists, the Mayor/Do Governor or the head of each Si/Gun (excluding the head of a Gun within a Metropolitan City) designated by Presidential Decree shall formulate the relevant framework plan for sewerage maintenance. <Amended on May 26, 2020> |
| (3) | The framework plan for sewerage maintenance shall include the following: <Amended on Jan. 7, 2009; Nov. 14, 2011; Feb. 1, 2012; Jul. 16, 2013; Jan. 5, 2021> |
| 1. | Basic principles for sewerage management; |
| 2. | Detailed execution plans formulated in accordance with a basin sewerage maintenance plan; |
| 3. | Areas where sewage can be discharged or treated depending upon the sewerage systems; |
| 4. | Layout, structure, and capacity of basic facilities for the sewerage systems; |
| 5. | Placement of combined sewage culverts and separate sewage culverts; |
| 5-2. | Prevention of flood inundation in jurisdictions through smooth discharge of sewage; |
| 5-3. | Measurement and treatment of sewage during heavy rain; |
| 6. | Priority-setting in implementing sewerage maintenance projects; |
| 7. | Plan for reducing pollutants discharged from drainage areas and the installation of sewage retention facilities; |
| 8. | Plan for disposal of sludge created in the course of treatment of sewage by public sewage treatment plants and the installation of treatment plants; |
| 8-2. | Reuse of treated sewage; |
| 9. | Plan for treatment of foul waste and installation of foul waste treatment plants; |
| 10. | Interconnected treatment of sewage and foul waste; |
| 11. | Estimation of expenses incurred for the implementation of sewerage-related projects and securing financing; |
| 12. | Installation and management of private sewage treatment facilities; |
| 13. | Formulation of sewerage maintenance measures referred to in Article 4-3 (3); |
| 14. | Other matters publicly notified by the Minister of Environment as deemed necessary for sewerage maintenance. |
| Article 6 (Formulation of Framework Plan for Sewerage Maintenance) |
| (1) | Where the person authorized to establish the framework plan for sewerage maintenance pursuant to Article 5 (1) and (2) (hereinafter referred to as "the authority for formulating the framework plan for sewerage maintenance") intends to formulate the framework plan for sewerage maintenance, he or she shall obtain approval thereof from the Minister of Environment, as prescribed by Presidential Decree. The same shall apply when intending to revise any approved matter that is prescribed as important by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (2) | Where the Minister of Environment intends to grant approval or a revised approval pursuant to paragraph (1), he or she shall have a prior consultation with the Minister of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | The authority for formulating a framework plan for sewerage maintenance shall review the feasibility of the plan every five years after obtaining approval under paragraph (1) and shall revise the plan if necessary. <Amended on May 26, 2020> |
| (4) | Where there arises any cause for revision of the framework plan for sewerage maintenance, such as the formulation or revision of an urban or Gun master plan under Article 18 of the National Land Planning and Utilization Act, a basic plan for constructing a dam under Article 11 of the Act on Construction and Management of Dams and Assistance to Their Environs, or any other public plan, the authority for formulating the framework plan for sewerage maintenance shall reflect such cause in revising the framework plan for sewerage maintenance. <Amended on Apr. 14, 2011; Jun. 15, 2021> |
| (5) | Where important matters in the master plan or the basin sewerage maintenance plan have been altered owing to a change in policy direction or any other similar reason, the Minister of Environment or the head of a local environmental agency may request the authority for formulating the framework plan for sewerage maintenance to revise the framework plan accordingly. <Amended on Feb. 1, 2012> |
| (6) | If the authority for formulating the framework plan for sewerage maintenance does not revise the framework plan for sewerage maintenance without good cause, although there has arisen a cause constituting a ground for a revision of the framework plan, the Minister of Environment may request said authority to revise it. <Amended on May 26, 2020> |
| Article 7 (Standards for Effluent Water Quality) |
| (1) | Standards for the quality of effluent water discharged from public sewage treatment plants, simplified public sewage treatment plants, foul waste treatment plants, and private sewage treatment facilities shall be prescribed by Ordinance of the Ministry of Environment: Provided, That standards may be separately prescribed for either of the following areas: <Amended on Jul. 21, 2011; Feb. 1, 2012; Jul. 16, 2013> |
| 2. | An area for which strict standards are required to efficiently accomplish objectives of water quality management in each zone referred to in Article 4-2 (3) 1, among zones for which basin sewerage maintenance plans are drawn up pursuant to Article 4-2 (1). |
| (2) | The Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province (hereinafter referred to as "City/Do") may establish the standards for the effluent water quality more strictly than the standards referred to in paragraph (1) by ordinance of the relevant City/Do, if it is deemed impractical to maintain the environmental standards referred to in Article 12 (3) of the Framework Act on Environmental Policy. <Amended on Apr. 5, 2011; Jul. 21, 2011; Jul. 16, 2013> |
| Article 8 (Access to Land Owned by Others) |
| (1) | The head of a local government or a person with an order issued or an authority delegated by the head of a local government may have access to another person's land or use temporarily another person's land currently vacant with no specific purpose of use as material storage yard, passage or temporary road, if necessary for the inspection, survey, construction works, or maintenance of public sewerage system, and may also remove or alter trees, shrubs, and other obstacles (hereinafter referred to as "obstacles"), wherever particularly required to do so. |
| (2) | Any person who intends to enter another person's land pursuant to paragraph (1) shall notify the occupant of the land of his or her intended entrance in advance, and any person who intends to use another person's land or remove or alter obstacles therein shall notify in advance the owner and occupant of the land of his or her intended action to hear their opinions: Provided, That such a notice may be given by a method prescribed by Presidential Decree if it is difficult to deliver a notice in advance. <Amended on May 26, 2020> |
| (3) | No one may enter other person's residential premises or land surrounded by a wall or fence before sunrise or after sunset without the consent of the occupant of the relevant land. <Amended on May 26, 2020> |
| (4) | Any occupant of land shall not reject or interfere with the access or use under paragraph (1) without good cause. |
| (5) | Everyone who intends to enter other person's land pursuant to paragraph (1) shall carry an identification showing his or her authority to present it, whenever demanded by the people concerned. |
| (6) | Necessary matters concerning the identification under paragraph (5) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 9 (Compensation for Damages) |
| (1) | The head of a local government shall compensate any person who sustains damages or losses by the access, use, removal or alteration of obstacles made under Article 8 (1) for such damages or losses, if any. |
| (2) | The head of a local government shall make an agreement with the person who has sustained damages or losses on the compensation for such damages or losses under paragraph (1). |
| (3) | Either the head of a local government or the person who has sustained damages or losses may file an application for adjudication with the competent Land Tribunal as prescribed by Presidential Decree, if they fail to reach an agreement under paragraph (2) or are unable to negotiate each other. <Amended on May 26, 2020> |
| Article 10 (Expropriation and Use of Land, etc.) |
| Article 10-2 (Compensation for Use of Underground Portion of Land) |
| (1) | Where a person installing a public sewerage system intends to use the underground portion of the land of another to install the public sewerage system, he, she, or it shall compensate for the use thereof in consideration of the use value of the land, the depth of the underground site, and the level of interference with the use of the land. |
| (2) | Specific compensation standards and methods for the use of the underground portion under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 10-3 (Registration of Creation of Divided Surface Right) |
| (3) | Procedures for registration of a divided surface right created for the use of the underground portion of land shall be prescribed by the Supreme Court Regulations. |
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER II INSTALLATION AND MANAGEMENT OF PUBLIC SEWERAGE SYSTEM
| Article 11 (Installation, etc. of Public Sewerage System) |
| (1) | The head of each local government shall install a public sewerage system in compliance with the framework plan for sewerage maintenance. |
| (2) | Where a Mayor/Do Governor intends to install a public sewerage system, he or she shall issue a public notice of the location and area of the construction site under the planned project, the types of facilities to be installed, the project execution period, etc., as prescribed by Presidential Decree. The same shall apply to any intended revision or abolition of the matters publicly notified. <Amended on May 26, 2020> |
| (3) | Where the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) intends to install a public sewerage system, he or she shall obtain authorization from the Mayor/Do Governor, as prescribed by Presidential Decree. <Amended on Jan. 7, 2009> |
| (4) | Where the head of a Si/Gun/Gu intends to change or abolish the matters authorized pursuant to paragraph (3), he or she shall obtain authorization therefor from the Mayor/Do Governor: Provided, That the foregoing shall not apply to any intended revision of insignificant matters prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Jan. 7, 2009> |
| (5) | Deleted. <Jul. 16, 2013> |
| (6) | When a Mayor/Do Governor intends to issue a public notice pursuant to paragraph (2) or grant authorization pursuant to paragraphs (3) and (4) concerning the public sewerage system that he or she plans to install with a subsidy from the State, he or she shall consult in advance with the Minister of Environment about the raising and spending of funds necessary for the installation thereof, as prescribed by Presidential Decree. <Amended on Jan. 7, 2009; May 26, 2020> |
| (7) | When a Mayor/Do Governor grants authorization pursuant to paragraphs (3) and (4), he or she shall give public notice of the details of the authorization, as prescribed by Presidential Decree. <Amended on Jan. 7, 2009; Jul. 16, 2013> |
| (8) | When the head of any local government does not follow the framework plan for sewerage maintenance in installing a public sewerage system, the Minister of Environment may request the head of the relevant local government to install the public sewerage system in compliance with the framework plan for sewerage maintenance. <Amended on Jan. 7, 2009; May 26, 2020> |
| Article 12 (Standards for Installation) |
| (1) | Where the public sewerage management authority under Article 18 (hereinafter referred to as "public sewerage management authorities") intends to install a public sewerage system, it shall conform to the following matters: <Amended on Jan. 7, 2009> |
| 1. | Considering for safety against earthquake; |
| 2. | Standards prescribed by Presidential Decree with regard to scale of facilities, disposition, discharging points, etc. of public sewerage system. |
| (2) | The technical standards for the structure of public sewerage system shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | The materials used for installation of sewerage system shall conform to the standards prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 13 (Execution of Construction Works for Combined-Purpose Structures) |
| (1) | Where a facility consisting of a public sewerage system serves combined purposes of use to provide the utility of a road, a dike, or any other public facility or structure (hereinafter referred to as "combined-purpose structure"), the public sewerage management authority may execute construction works or works for maintenance of the combined-purpose structure, on its own or in prior consultation with the person who is responsible for managing the combined-purpose structure, etc. (hereinafter referred to as the "manager of combined-purpose structures"), or may have the manager of combined-purpose structures to execute construction works or works for maintenance for such public sewerage system. <Amended on Jan. 7, 2009; Jan. 5, 2021> |
| (2) | Construction works or works for maintenance executed by a public sewerage management authority for any combined-purpose structure pursuant to paragraph (1) shall be deemed construction works or works maintenance executed for the public sewerage system involved. |
| Article 14 (Execution of Accompanying Construction Works) |
A public sewerage management authority may execute any construction work other than public sewerage system works along with the public sewerage system works, where such work has become necessary as a consequence of such public sewerage system works or in order to execute such public sewerage system works (hereinafter referred to as "accompanying construction work"). In such cases, the relevant accompanying construction work shall be deemed a work for public sewerage system in application of this Act. <Amended on May 26, 2020>
| Article 15 (Public Announcement of Commencement of Service) |
| (1) | Every public sewerage management authority shall, when it plans to open a public sewerage system for service, publicly announce the time for opening the service, the drainage area (or the sewage treatment area where a public sewage treatment plant is involved; hereinafter the same shall apply), the current status of combined and separate sewage culverts, and other matters prescribed by Presidential Decree, and shall make related drawings available to the general public for inspection. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (2) | Every public sewerage management authority shall determine the sewage treatment area referred to in paragraph (1) within a straight-line distance of 300 meters from a sewage culvert, but detailed standards for the designation scope of a sewage treatment area may be determined by ordinance of a local government. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| Article 16 (Execution of Construction Works by Persons, other than Public Sewerage Management Authority) |
| (1) | Any person, other than the head of a local government, may execute any construction or maintenance work related to a public sewerage system only with permission from the competent public sewerage management authority: Provided, That any minor maintenance work specified by Presidential Decree may be done without such permission. <Amended on May 26, 2020> |
| (2) | When each public sewerage management authority grants permission pursuant to the main clause of paragraph (1), it shall publicly notify the details thereof, as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| Article 17 (Legal Fiction of Authorization and Permission) |
| (1) | Where the head of a local government issues a public notice pursuant to Article 11 (2), or grants authorization pursuant to paragraphs (3) and (4) of the same Article or permission pursuant to Article 16 (1), matters on which the Minister of Environment or the head of a local government has reached an agreement with the head of the relevant administrative agency pursuant to paragraph (2) shall be deemed to have obtained permission, authorization, license, agreement, approval, or release set forth in any of the following subparagraphs (hereinafter referred to as "authorization, permission, etc.") for the installation of the public sewerage system concerned, and where a public notice under Article 11 (2) and (7), or 16 (2) has been issued, it shall be deemed that a public notice of authorization, permission, etc. has been issued pursuant to any of the Acts set forth in the following subparagraphs: <Amended on Apr. 6, 2007; Apr. 11, 2007; Dec. 27, 2007; Mar. 21, 2008; Jan. 7, 2009; Jun. 9, 2009; Apr. 15, 2010; Nov. 14, 2011; Jul. 16, 2013; Jan. 14, 2014; Jun. 3, 2014; May 26, 2020; Jul. 20, 2021> |
| 2. | Deleted; <Apr. 15, 2010> |
| (2) | When issuing a public notice under Article 11 (2), or granting authorization under paragraphs (3) and (4) of the same Article or permission under Article 16 (1), the head of a local government shall consult in advance with the head of the relevant administrative agency, if the project plan includes any matter set forth in any of the subparagraphs of paragraph (1). In such cases, the head of the relevant administrative agency shall, upon receiving a request for such consultation, present his or her opinion within the period set by Presidential Decree. <Amended on Jan. 7, 2009; Jul. 16, 2013; May 26, 2020> |
| (3) | In responding to the request for consultation pursuant to paragraph (2), the head of the relevant administrative agency shall not make an agreement in violation of the standards for authorization, permission, etc. provided for by relevant statutes and regulations. <Amended on May 26, 2020> |
[Title Amended on Jul. 16, 2013]
| Article 18 (Public Sewerage Management Authority) |
| (1) | The head of the competent local government shall act as the public sewerage management authority. In such cases, the scope of management of each public sewerage management authority for a public sewerage system shall be prescribed by Ordinance of the Ministry of Environment. |
| (2) | If a public sewerage system spans two or more jurisdictions of the heads of local governments, or if any compelling reason exists, the head of a local government specified in the guidelines prescribed by Presidential Decree shall act as the public sewerage management authority. <Amended on May 26, 2020> |
| (3) | The public sewerage management authority under paragraph (2) shall make a public announcement on the matters specified by Presidential Decree, including the facilities or areas, etc. of the public sewerage system to be under his or her control. <Amended on May 26, 2020> |
| Article 19 (Operation and Management of Public Sewerage System and Prohibition of Destruction and Interference) |
| (1) | A person who operates and manages a public sewerage system shall prepare the standards for operation and management of a public sewerage system pursuant to the standards prescribed by Presidential Decree. <Amended on Jan. 7, 2009; Feb. 1, 2012> |
| (2) | No person who operates and manages a public sewage treatment plant, a simplified public sewage treatment plant, or a waste treatment plant shall commit any of the following without good cause prescribed by Ordinance of the Ministry of Environment, such as heavy rain, an accident, or where necessary for a treatment method: <Amended on Jan. 7, 2009; Jul. 16, 2013> |
| 1. | Discharging sewage exceeding the standards for discharging water quality (hereinafter referred to as "standards of effluent water quality") referred to in Article 7; |
| 2. | Discharging sewage from a sewage treatment area as publicly announced pursuant to Article 15 without making it flow into a public sewage treatment plant (including a simplified public sewage treatment plant when the amount of sewage increases temporarily due to rain; hereafter in this subparagraph the same shall apply), or installing a facility that is capable of discharging such sewage without making it flow into a public sewage treatment plant; |
| 3. | Discharging sewage or foul waste influent into a public sewage treatment plant, a simplified public sewage treatment plant or a waste treatment plant without passing through the final discharging outlet, or installing a facility that is capable of discharging such influent sewage or foul waste without passing through the final discharging outlet; |
| 4. | Disposing of or discharging foul waste by mixing water with it. |
| (3) | Where sewage in a sewage treatment area is discharged without flowing into a public sewerage treatment plant (including a simplified public sewage treatment plant) due to heavy rain, a person who operates and manages the relevant public sewerage system shall measure and record the quantity and quality of discharged sewage as prescribed by Ordinance of the Ministry of Environment and shall retain the records of the measurements for five years. <Amended on Jan. 5, 2021> |
| (4) | A person who operates and manages a public sewage treatment plant, a simplified public sewage treatment plant, or a waste treatment plant shall conduct discharged water quality tests and sludge composition tests, as prescribed by Presidential Decree, and shall retain the records of the tests for five years. <Amended on Jul. 16, 2013; Jan. 5, 2021> |
| (5) | Where a person who has installed or manages a waste treatment plant has treatment capacity enough to spare in his, her or its waste treatment plant, he, she, or it may make livestock waste under the Act on the Management and Use of Livestock Excreta flow into the relevant waste treatment plant for treatment. <Amended on May 26, 2020; Jan. 5, 2021> |
| (6) | No one shall destroy a public sewerage system or cause any damage to its functions to interrupt sewage flow. <Amended on Jan. 5, 2021> |
| (7) | No one shall manipulate a public sewerage system to interfere with sewage flow without good cause. <Amended on Jan. 5, 2021> |
[Title Amended on Feb. 1, 2012]
| Article 19-2 (Agency Business for Managing Public Sewerage System) |
| (1) | Each public sewerage management authority may have either of the following persons (hereinafter referred to as "management agent") operate and manage a public sewerage system on its behalf: |
| 1. | A person who has facilities, equipment and technical personnel prescribed by Presidential Decree and is registered with the Minister of Environment; |
| 2. | A local public enterprise or a local public corporation engaged in implementing the business referred to in Article 2 (1) 6 of the Local Public Enterprises Act which has reported to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | Where any of the matters registered under paragraph (1) 1 is changed with regard to an important matter prescribed by Ordinance of the Ministry of Environment, registration for the change) shall be made. |
| (3) | A management agent shall comply with the matters to be observed as prescribed by Presidential Decree, such as recording and retaining of the matters related to the management of public sewerage system. |
| (4) | Registration procedures for agency business for conducting affairs relating to the operation and management of public sewerage system under paragraph (1) (hereinafter referred to as "agency business for managing public sewerage system") and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 19-3 (Grounds for Disqualification) |
None of the following persons shall be registered as an agency business for managing public sewerage system: <Amended on Feb. 3, 2015; Jan. 27, 2016; Jan. 17, 2017>
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person who has been sentenced to imprisonment with labor or heavier punishment for violating this Act, the Water Environment Conservation Act, or the Wastes Control Act and for whom two years have yet to elapse after the execution of such sentence was terminated (including cases where the execution is deemed terminated) or the exemption of the execution of such sentence was made definite; |
| 4. | A person for whom two years have yet to elapse after registration was revoked pursuant to Article 19-4 (1) (excluding subparagraphs 2 and 7); |
| 5. | A corporation or organization of which an executive officer falls under any of subparagraphs 1 through 4. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 19-4 (Revocation of Registration) |
| (1) | Where a management agent registered pursuant to Article 19-2 (1) 1 falls under any of the following cases, the Minister of Environment may revoke the registration, or order the suspension of all or part of business for a period of less than six months: Provided, That in cases falling under subparagraph 1 or 7, such registration shall be revoked: |
| 1. | Where he or she registers business by fraud or other improper means; |
| 2. | Where he or she has failed to initiate business within one year, or suspended business continuously for at least one year without good cause after making registration pursuant to Article 19-2 (1) 1; |
| 3. | Where he or she has failed to satisfy the requirements for registration referred to in Article 19-2 (1) 1; |
| 4. | Where technical personnel referred to in Article 19-2 (1) 1 do not work full time at a relevant public sewage treatment plant, etc.; |
| 5. | Where he or she has failed to make alteration registration referred to in Article 19-2 (2), or made alteration registration by improper means; |
| 6. | Where he or she has failed to comply with the matters to be observed referred to in Article 19-2 (3); |
| 7. | Cases falling under subparagraphs 1 through 3 or 5 of Article 19-3: Provided, That a juristic person or an organization falling under subparagraph 5 of Article 19-3 which dismisses the relevant executive officer and employs a new executive officer within six months shall be excluded herefrom; |
| 8. | Where he or she has operated and managed a public sewerage system in violation of a business suspension order. |
| (2) | Where a management agent which made a report pursuant to Article 19-2 (1) 2 falls under any of the following circumstances, the Minister of Environment may order the suspension of all or part of business for a period of less than six months: |
| 1. | Where it has failed to comply with the matters to be observed referred to in Article 19-2 (3); |
| 2. | Where it has operated and managed a public sewerage system in violation of a business suspension order; |
| 3. | Where technical personnel determined by Ordinance of the Ministry of Environment do not work full time at a relevant public sewage treatment plant, etc. |
| (3) | The detailed standards for the administrative disposition referred to in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment in consideration of the types of offenses, the extent of violation, etc. |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 19-5 (Conclusion and Termination of Management Outsourcing Contracts) |
| (1) | Where a public sewerage management authority has a management agent conduct affairs relating to the operation and management of public sewerage systems on its behalf pursuant to Article 19-2 (1), it shall conclude an outsourcing contract. <Amended on Jan. 5, 2021> |
| (2) | Where a management agent with which a public sewerage management authority has concluded an outsourcing contract has received disposition on revocation of registration, the public sewerage management authority shall terminate the contract within six months from the date of receipt of the disposition and shall have another management agent perform the affairs. |
| (3) | When a public sewerage management authority intends to integrate the operation and management of public sewerage systems between relevant local governments in accordance with a basin sewerage maintenance plan, it may terminate such outsourcing contract concluded under paragraph (1). In such cases, it shall notify the relevant management agent of the fact six months prior to the termination of the contract. <Newly Inserted on Jan. 5, 2021> |
| (4) | Each public sewerage management authority shall evaluate the performance of each relevant outsourcing contract for each period prescribed by Presidential Decree from the date the outsourcing contract is concluded under paragraph (1). <Newly Inserted on Jan. 5, 2021> |
| (5) | Where matters requiring improvement are found as a result of an evaluation conducted under paragraph (4), the public sewerage management authority may require the relevant management agent to take corrective measures. <Newly Inserted on Jan. 5, 2021> |
| (6) | Except as provided paragraphs (1) through (5), necessary matters concerning the types of and periods for outsourcing contracts, renewal periods, performance evaluation methods and the like shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 5, 2021> |
[This Article Newly Inserted on Feb. 1, 2012]
| Article 19-6 (Succession to Status of Management Agent) |
| (1) | (1) Any of the following persons shall succeed to the status of a management agent: Provided, That this shall not apply where a person referred to in subparagraph 2 or 3 through 4 or 3 falls under any of subparagraphs 1 through 4 of Article 19-3: |
| 1. | Where such management agent dies: His or her heir; |
| 2. | Where such management agent transfers his or her business: The transferee; |
| 3. | Where such management agent that is a corporation merges with another corporation, the corporation surviving the merger or resulting from the merger. |
| (2) | If an heir who has succeeded to the status of such managing agent pursuant to paragraph (1) 1 falls under any of subparagraphs 1 through 4 of Article 19-3, or a corporation or organization that has succeeded to the status of such managing agent pursuant to paragraph (1) falls under subparagraph 5 of Article 19-3, the heir or the corporation or organization shall transfer the heir's or its status as the managing agent to another person or replace a disqualified executive officer within six months from the date of commencement of inheritance, date of acquisition by transfer, or date of merger. |
| (3) | Any person who succeeds to the status under paragraph (1) shall report it to the Minister of Environment under the conditions as prescribed by the Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 20 (Technical Diagnosis) |
| (1) | Every public sewerage management authority shall perform technical diagnosis of public sewerage system under its jurisdiction once every five years to examine the state of maintenance of the public sewerage system. |
| (2) | Every public sewerage management authority shall formulate and implement an improvement plan for any public sewerage system in bad condition discovered as a result of technical diagnosis performed under paragraph (1). |
| (3) | Necessary matters concerning the subject matters, details, etc. of the technical diagnosis under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 20-2 (Outsourcing of Technical Diagnoses) |
| (1) | A public sewerage management authority may outsource technical diagnosis required under Article 20 (1) the Korea Environment Corporation under the Korea Environment Corporation Act (hereinafter referred to as the "Corporation") or a person who files for registration pursuant to paragraph (2) (hereinafter referred to as "specialized technical diagnostic institute") : Provided, That where the Corporation or a specialized technical diagnostic institute falls under any of the following, it shall not outsource technical diagnosis: <Amended on Jun. 10, 2022> |
| 1. | Where it is a management agent that operates and manages the relevant public sewerage system on behalf of a public sewerage management authority under Article 19-2 (1) or an affiliate thereof (referring to an affiliate defined in subparagraph 12 of Article 2 of the Monopoly Regulation and Fair Trade Act; hereafter in this paragraph the same shall apply); |
| 2. | Where it is a person who has performed the planning, design, construction, or supervision with regard to the relevant public sewerage system or an affiliate thereof. |
| (2) | A person who intends to be registered as a specialized technical diagnostic institute shall register with the Minister of Environment after complying with registration requirements prescribed by Presidential Decree, such as facilities, equipment, and technical personnel. |
| (3) | Where a specialized technical diagnostic institute changes any registered matter with regard to the important matters prescribed by Ordinance of the Ministry of Environment, the institute shall file a report of such change with the Minister of Environment. |
| (4) | When the Corporation or a specialized technical diagnostic institute performs technical diagnosis, it shall comply with the matters to be observed as prescribed by Presidential Decree, such as recording and retaining of the results of technical diagnosis. |
| (5) | Procedures for the registration of specialized technical diagnostic institutes, reporting of any change to registered matters, deadlines for such procedures, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Nov. 14, 2011]
| Article 20-3 (Reasons for Disqualifications from Registration as Specialized Technical Diagnostic Institute) |
None of the following persons shall file for registration as a specialized technical diagnostic institute: <Amended on Feb. 3, 2015; Jan. 5, 2021>
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person in whose case two years have not passed since a sentence of imprisonment with labor or a heavier punishment pronounced upon him or her on account of violation of this Act, was completely executed (including cases deemed completely executed) or finally and conclusively exempted from execution; |
| 4. | A person in whose case two years have not passed since his or her registration was revoked pursuant to Article 20-4 (excluding cases where the registration of such person was revoked under subparagraph 1 or 2 of this Article); |
| 5. | A corporation or organization of which an executive officer falls under any of subparagraphs 1 through 4. |
[This Article Newly Inserted on Nov. 14, 2011]
| Article 20-4 (Revocation of Registration of Specialized Technical Diagnosis Institute) |
| (1) | Where a specialized technical diagnosis institute falls under any of the following subparagraphs, the Minister of Environment may revoke the registration of such specialized technical diagnostic institute or issue an order it to suspend all or some of its affairs specifying a period up to six months: Provided, That such registration shall be revoked in cases falling under subparagraph 1 or 6: |
| 1. | Where such institute has filed for registration by fraud or other improper means; |
| 2. | Where such institute fails to commence its affairs within one year from the registration under Article 20-2 (2) or continues to suspend its affairs for at least one year without good cause; |
| 3. | Where such institute fails to meet registration requirements under Article 20-2 (2); |
| 4. | Where such institute fails to report any change under Article 20-2 (3) or reports any change by improper means; |
| 5. | Where such institute fails to comply with the matters to be observed under Article 20-2 (4); |
| 6. | 6. Where such institute comes to fall within subparagraph 1 through 3 or 5 of Article 20-3: Provided, That such registration shall not be revoked where an executive officer in a corporation or organization comes to fall within subparagraph 5 of Article 20-3 but a new executive officer is appointed within six months in replacement of such executive officer; |
| 7. | 7. Where such institute enters into a new contract or performs technical diagnosis during any period of suspension of operations. |
| (2) | Detailed standards for administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment, taking into account the types and severity of violations. |
[This Article Newly Inserted on Nov. 14, 2011]
| Article 21 (Succession to Status of Specialized Technical Diagnosis Institute) |
| (1) | Any of the following persons shall succeed to the status of a specialized technical diagnosis institute: Provided, That the foregoing shall not apply where a person referred to in subparagraph 2 or 3 falls under any subparagraph of Article 20-3 (1): |
| 1. | Where a person registered as a specialized technical diagnostic institute dies: his or her heir; |
| 2. | Where a person registered as a specialized technical diagnostic institute transfers his or her business, the transferee; |
| 3. | Where a specialized technical diagnostic institute that is a corporation merges with another corporation, the corporation surviving the merger or resulting from the merger. |
| (2) | Where an heir who has succeeded to the status under paragraph (1) 1 falls within any of subparagraphs 1 through 4 of Article 20-3, or where a corporation or organization that has succeeded to the status under paragraph (1) falls within subparagraph 5 of Article 20-3, the heir or the corporation or organization shall transfer the heir's or its status to another person, or shall replace a disqualified executive officer, within six months from the date of commencement of inheritance, or from the date of acquisition by transfer or date of merger, respectively. |
| (3) | A person who succeeds to the status under paragraph (1) shall file a report it with the Minister of Environment as prescribed by the Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Jan. 5, 2021]
| Article 22 (Restriction on Use) |
Every public sewerage management authority may designate the whole or part of a drainage area to place a temporary restriction or ban on the use of its public sewerage system, for executing construction works for the public sewerage system, or because of any other inevitable cause or event. In such cases, the authority shall publicly announce the area affected and duration in advance, or notify the people concerned thereof. <Amended on May 26, 2020>
| Article 23 (Installation of Hazard-Preventive Facilities) |
| (1) | Every public sewerage management authority may order a person who continually flows sewage that falls under any of the following subparagraphs into the public sewerage system to install facilities for preventing hazards from such sewage (hereinafter referred to as "hazard-preventive facilities") or replace, remove or repair hazard-preventive facilities or take any other necessary measures, as prescribed by Presidential Decree: <Amended on Jan. 7, 2009; May 26, 2020> |
| 1. | Sewage with water quality that is likely to impede significantly the functions of the public sewerage system or destroy or damage the facilities seriously; |
| 2. | Sewage that is likely to cause difficulties in maintaining the standards for the effluent water quality. |
| (2) | The public sewerage management authorities may order a person who has produced obstacles in hazard-preventive facilities by his or her act, such as installation, etc. of other facilities in hazard-preventive facilities to remove the relevant facilities or take any other necessary measures for removal of obstacles. <Newly Inserted on Jan. 7, 2009> |
| Article 24 (Permission for Occupation and Use) |
Any person who intends to install a facility or structure, pile up any goods or conduct an act that constitutes occupation and use prescribed by Presidential Decree to the effect that such acts are likely to give an impact on a public sewerage system, shall obtain permission from the competent public sewerage management authority in advance, as prescribed by Presidential Decree. <Amended on May 26, 2020>
| Article 25 (Work Suspension Order) |
| (1) | If any person who executes construction works for installation of a public sewerage system falls under any of the following subparagraphs, the authority to grant authorization for the installation of such public sewerage system pursuant to Article 11 may issue an order to suspend or alter the construction works or to take any other necessary measures: <Amended on Jul. 16, 2013; May 26, 2020> |
| 1. | If the person executes installation works for the public sewerage system without obtaining due authorization; |
| 2. | If the installation works for the public sewerage system executed by the person are different from the authorization in detail; |
| 3. | If there is any other reason prescribed by Ordinance of the Ministry of Environment. |
| (2) | With respect to public sewerage systems under the following classifications, the Minister of Environment or the Mayor/Do Governor may order a person who installs, maintains, or manages any public sewerage system without complying with the standards, etc. prescribed in Article 12 or 19 to improve such system or take necessary measures by setting a reasonable period: <Amended on Nov. 14, 2011; Jul. 16, 2013> |
| 1. | In cases of the Minister of Environment: Public sewage treatment plants, simplified public sewage treatment plants and waste treatment plants; |
| 2. | In cases of the Mayor/Do Governor: Sewage culverts, sewage retention facility and other facilities. |
| Article 26 (Order to Take Measures and Revocation of Permission) |
| (1) | Where the manager of combined-purpose structures violates the details consulted under Article 13, the public sewerage management authority may issue an order to take necessary measures, such as suspension, alteration, or implementation of relevant construction works. |
| (2) | Where a person who has conducted construction works or works for maintenance work for a public sewerage system pursuant to Article 16, or a person who has obtained permission for occupancy and use pursuant to Article 24 falls within any of the following subparagraphs, the public sewerage management authority may revoke permission thereof or order him or her/it to take necessary measures, such as suspension, alteration, implementation of relevant works: Provided, That such permission shall be revoked in cases to which subparagraph 1 is applicable: |
| 1. | Where such person has obtained permission under this Act by fraud or other improper means; |
| 2. | Where such person has conducted construction works or works for maintenance for the public sewerage system, in violation of the details of permission granted under Article 16; |
| 3. | Where such person has occupied and used the public sewerage system, in violation of the details of permission granted under Article 24. |
| (3) | The public sewerage management authority may issue a restoration order to each of the following persons. In such cases, if the person so ordered fails to perform his or her obligation, the public sewerage management authority may execute it by proxy pursuant to the Administrative Vicarious Execution Act. |
| 1. | A person who has occupied and used a public sewerage system without obtaining permission for occupation and use under Article 24; |
| 2. | A person for whom the permission for occupation and use granted under Article 24 has expired; |
| 3. | A person whose permission for occupation and use is revoked under paragraph (2). |
[This Article Newly Inserted on Jan. 5, 2021]
CHAPTER III INSTALLATION AND MAINTENANCE OF PRIVATE SEWERAGE
SECTION 1 Drainage System
| Article 27 (Installation of Drainage System) |
| (1) | When the service of a public sewerage system is inaugurated in a certain drainage area, each owner or caretaker of land (or each owner or caretaker of a facility on the land, if any) or the manager of the State or public owned facilities within the area, shall discharge sewage produced from the drainage area into the public sewerage system, and shall install the drainage system as necessary. |
| (2) | If necessary for preventing the poor installation of the drainage system, each public sewerage management authority may order a person who is obligated to install the drainage system under paragraph (1) to commission another person meeting the requirements prescribed by Presidential Decree to vicariously execute the installation of the drainage system: Provided, That the foregoing shall not apply to any construction work that falls under any of the following subparagraphs: <Amended on May 26, 2020> |
| 1. | A work related to the interior drainage system; |
| 2. | A work for maintenance and management of the drainage system that does not cause any trouble to the functions of the public sewerage system, such as dredging, repairing work, etc. for the drainage system. |
| (3) | Any person who intends to install a drainage system under paragraph (1) shall file a report on the matters specified by Presidential Decree, including the type and size of the drainage system, with the competent public sewerage management authority. <Amended on May 26, 2020> |
| (4) | A person who is obligated to install a drainage system under paragraph (1) and intends to flow sewage in the quality and quantity equivalent to or exceeding the levels prescribed by Presidential Decree into the public sewerage system, shall file a report on the matters concerning the quality and quantity of the relevant sewage, the scheduled date for commencing the service of the drainage system, etc. along with the report on the installation of the drainage system in accordance with paragraph (3). The foregoing shall also apply to any revision to the quality or quantity of the sewage reported. <Amended on May 26, 2020; Jan. 5, 2021> |
| (5) | A person who is obligated to install the drainage system under paragraph (1) shall, upon the completion of the installation works, undergo a final inspection conducted by the competent public sewerage management authority in accordance with ordinance of the local government. <Amended on May 26, 2020> |
| (6) | A person who has completed a final inspection under paragraph (5) falls under any of the following cases, the person shall file a report thereon to the public sewerage management authority in accordance with ordinance of the local government: <Newly Inserted on Jan. 5, 2021> |
| 1. | Where the person intends to discontinue the use of the drainage system or to disclose it permanently; |
| 2. | Where the person intends to reuse the drainage system that has not been used; |
| 3. | Where the person intends to alter the structure of the drainage system that has completed a final inspection; |
| 4. | Other necessary matters, prescribed by Municipal Ordinance of the relevant local governments. |
| (7) | The public sewerage management authority shall notify a person who filed a report on installation under paragraph (3), a report under the former part of paragraph (4), a report on change under the latter part of paragraph (4), or a report under paragraph (6) of whether such report is accepted within five days from the date of receipt thereof. <Newly Inserted on Jan. 5, 2021> |
| (8) | The public sewerage management authority fails to notify a person who has filed a report of whether to accept the report or that the relevant processing period will be extended in accordance with the statutes and regulations governing civil petitions within the period prescribed under paragraph (7), the report shall be deemed accepted on the day following the date on which the period ends (where such processing period is extended or re-extended under the statutes and regulations governing civil petitions, referring to the extended period). <Newly Inserted on Jan. 5, 2021> |
| (9) | Maintenance and management of a drainage system installed in accordance with paragraph (1) is the responsibility of the person who has installed the system as prescribed by ordinance of the local government concerned: Provided, that the drainage system from the bounds of the land to the public sewerage system may be maintained and managed by the competent public sewerage management authority in accordance with ordinance of the local government concerned. <Amended on May 26, 2020; Jan. 5, 2021> |
| (10) | Except as provided by the Building Act and other statutes and regulations, the installation and structure of drainage systems shall be governed by the standards established by Ordinance of the Ministry of Environment. <Amended on May 26, 2020; Jan. 5, 2021> |
| Article 28 (Exemption from Discharging into Public Sewerage System) |
Notwithstanding Article 27 (1), any person who discharges sewage that falls under any of the following subparagraphs may be exempted from discharging the sewage into the public sewerage system. In such cases, such person shall obtain permission of the competent public sewerage management authority prescribed by Ordinance of the Ministry of Environment: <Amended on Jan. 7, 2009; Jan. 27, 2016; Jan. 17, 2017; May 26, 2020> | 1. | Sewage that does not exceed the standards for the effluent water quality from public sewage treatment plants; |
| 3. | Other sewage specified by Ordinance of the Ministry of Environment. |
| Article 29 (Use of Other's Land or Drainage System) |
| (1) | If it is difficult or impossible for any person who installs or manages a drainage system under Article 27 to flow sewage into the public sewerage system or manage it without using other person's land or drainage system, he or she may install the drainage system through the other person's land or use the drainage system installed by the other person. |
| (2) | Any person who uses other person's drainage system in accordance with paragraph (1) shall bear the cost and expenses required for the installation or management in proportion to the benefits he or she gains therefrom. |
| (3) | Any person who intends to use other person's land in accordance with paragraph (1) shall consult in advance with the owner or interested persons of the land, and shall give reasonable compensation for the damages and losses caused by his or her use. <Amended on May 26, 2020> |
| Article 30 (Order to Take Measures with Regard to Drainage System) |
| (1) | Where a person who is obliged to install a drainage system pursuant to Article 27 falls under any of the following subparagraphs, the public sewerage management authority may order the person to install, replace, remove, or repair the drainage system or take other necessary measures: <Amended on Jan. 5, 2021> |
| 1. | Where he or she fails to install drainage facilities under Article 27 (1); |
| 2. | Where he or she fails to maintain or manage under Article 27 (9); |
| 3. | Where the drainage system fails to meet the standards for installations and structures of drainage systems under Article 27 (10). |
| (2) | Where a person who has used a drainage system causes impediment to the drainage system by installing another facility in the drainage system or doing any other similar act, the public sewerage management authority may order the person to remove the relevant facility or take other necessary measures for removal of the impediment. <Amended on Jan. 5, 2021> |
[This Article Wholly Amended on Jan. 7, 2009]
[Title Amended on Jan. 5, 2021]
| Article 31 (Inspection of Drainage System) |
Each public sewerage management authority or any person who received an order or authorization from the authority may inspect a drainage system or a hazard-preventive facility, and may have access to other person's land or structure located within the drainage area, whenever necessary for such an inspection. In such cases, Article 8 shall apply mutatis mutandis to such access.
| Article 32 (Aids for Installation of Private Sewerage) |
| (1) | The State may provide technical and financial aids, as may be necessary, for the installation of private sewerage treatment facilities under Article 34 with a view to extending the spread of private sewerage. |
| (2) | If necessary for efficiently disposing sewage within his or her jurisdiction, the head of a local government may grant a subsidy, fully or partially, for the cost and expenses required for the installation, alteration, or abolition of a private sewerage, or may execute construction works for such a private sewerage on his or her own. |
| (3) | No land owner shall reject or hinder a construction work for a drainage system executed pursuant to paragraph (2) without good cause. |
| Article 33 (Restriction on Use of Specific Industrial Products) |
| (1) | When it is concluded that the use of a specific industrial product specified by Presidential Decree significantly deteriorates sewage quality, the Minister of Environment may issue an order to ban or restrict the manufacture, import, sale, or use of the specific industrial product at issue in order to prevent further deterioration of sewage quality, in consultation with the heads of relevant central administrative agencies: Provided, That this shall not apply where it is manufactured, imported, sold or used for the purposes prescribed by Ordinance of the Ministry of Environment for research or tests after obtaining approval from the Minister of Environment. <Amended on Jan 7, 2009; Nov. 14, 2011; May 26, 2020> |
| (2) | Where the Minister of Environment intends to ban or restrict the manufacture, import, sale or use of specific industrial products pursuant to paragraph (1), he or she shall publicly notify the objects banned or restricted and the details thereof. <Newly Inserted on Jan. 7, 2009> |
| (3) | Necessary matters on the specific scope of research or tests and the procedures, etc. for approval under the proviso of paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 14, 2011> |
SECTION 2 Private Sewerage Treatment Facilities
| Article 34 (Installation of Private Sewerage Treatment Facilities) |
| (1) | Any person who builds up a building, facility, etc. (hereinafter referred to as "building, etc.") that discharge wastewater shall solely or jointly install a private sewage treatment facility: Provided, That the foregoing shall not apply to any of the following cases: <Amended on Jan. 7, 2009; Jul. 16, 2013; Jan. 27, 2016; Jan. 17, 2017; May 26, 2020> |
| 2. | Where the wastewater is discharged into a public sewage treatment plant through a separate sewage culvert connected to the drainage system for treatment; |
| 3. | Where the wastewater is discharged through a combined sewage culvert connected to the drainage system for treatment within an area which is publicly announced as an area subject to the improvement of sewage culvert in accordance with the standards and procedure established by Ordinance of the Ministry of Environment; |
| 4. | Any other case that meets the requirements prescribed by Ordinance of the Ministry of Environment. |
| (2) | Any person who intends to install a private sewage treatment facility in accordance with paragraph (1) or change the size of the facility, treatment method, etc. as prescribed by Presidential Decree shall report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu in advance, as prescribed by Ordinance of the Ministry of Environment. The foregoing shall also apply where the closure of a private sewage treatment facility is intended. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall, upon receipt of a report on installation or a report on change under the former part of paragraph (2) or a report on disclosure under the latter part of that paragraph, review the details of such report and accept it if it complies with this Act. <Newly Inserted on Jan. 5, 2021> |
| (4) | The guidelines for the closure of a private sewage treatment facility under paragraph (1) shall be determined by Ordinance of the Ministry of Environment. <Amended on May 26, 2020; Jan. 5, 2021> |
| (5) | Detailed standards for the permanent closure of private sewage treatment facilities under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 5, 2021> |
| Article 34-2 (Designation of Private Sewerage Management Areas) |
| (1) | A Mayor/Do Governor may designate an area, where the public management of private sewerage systems is recognized as necessary for the improvement of public hygiene and preservation of the quality of public waters, as a private sewerage system management area (hereafter in this Article referred to as “management area”) through consultation with the head of a competent Si/Gun/Gu. |
| (2) | Where a Mayor/Do Governor designates a management area pursuant to paragraph (1), he or she shall make a public announcement thereof as prescribed by Presidential Decree. |
| (3) | Necessary matters concerning the designation and operation of a management area including the designation procedures, management standards, etc. shall be determined by Ordinance of the Ministry of Environment. |
| (4) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gun may jointly manage private sewerage systems in management areas within their jurisdictions by obtaining the consent of private sewerage system owners. In such case, where it is necessary for the efficient management of private sewerage systems, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gun may have a person in the business of managing treatment facilities prescribed in Article 53 (3) conduct relevant management duties on its behalf. |
| (5) | The cost necessary for the joint management of private sewerage systems under paragraph (4) may be collected from private sewerage system owners. In such case, the collection of cost and other necessary matters shall be determined by ordinance of the local government concerned in accordance with the standards set by Presidential Decree in consideration of the standards for the quality of effluent water referred to in Article 7 (1). |
| (6) | A person in the business of managing treatment facilities who conducts management duties on behalf of the Mayor, Governor, or head under the latter part of paragraph (4) shall be deemed to be the owner or manager of a private sewage treatment facility for the purpose of this Act: Provided, That this shall not apply in circumstances prescribed by Presidential Decree, such as where it is recognized that an owner of a private sewerage system has made clear errors. |
[This Article Newly Inserted on Jul. 16, 2013]
| Article 35 (Special Exception for Extension of Building) |
| (1) | When it is anticipated that an intended extension of a building, etc. to a certain scale equivalent to or larger than the scale specified by Presidential Decree or an alteration of a building for any purpose of use specified by Presidential Decree will increase the quantity of wastewater effluent from the relevant building, etc., the owner of the building, etc. shall either install a private sewage treatment facility in accordance with Article 34 or extend the treatment capacity of the existing private sewage treatment facility: Provided, That the foregoing shall not apply where the treatment capacity of a private sewage treatment facility already installed and operated requires to be improved, which falls under the requirements prescribed by Presidential Decree, such as cases requiring an improvement of treatment efficiency. <Amended on May 26, 2020> |
| (2) | The matters concerning the method for computing the quantity of wastewater effluent by the extension of a building, etc. or alteration thereof for any other purpose of use under paragraph (1) shall be determined and publicly notified by the Minister of Environment. |
| Article 36 (Special Exception for Combined Treatment of Wastewater, Industrial Effluent) |
| (1) | Any business premises with a facility that treats, pursuant to Ordinance of the Ministry of Environment, the combination of the sewage discharged from the same business premises and the industrial effluent created from a discharging system permitted or reported in accordance with Article 33 of the Water Environment Conservation Act or the leachate created from a waste landfill installed in accordance with Article 29 of the Wastes Control Act shall be deemed to have installed a private sewage treatment facility under this Act. <Amended on Apr. 11, 2007; Jan. 7, 2009; Jan. 17, 2017; May 26, 2020> |
| (2) | The wastewater treated in a combination under paragraph (1) shall be deemed the industrial effluent under subparagraph 4 of Article 2 of the Water Environment Conservation Act or the leachate created from a waste landfill. <Amended on Jan. 7, 2009; Jan 17, 2017> |
| Article 37 (Final Inspection of Private Sewage Treatment Facilities) |
| (1) | When anyone who installs or alters a private sewage treatment facility in accordance with Article 34 or 35 completes the installation or alteration works, he or she shall undergo the final inspection conducted by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall conduct an inspection of effluent water quality subsequently to the final inspection under paragraph (1) to ascertain whether standards for the quality of effluent water quality are complied with. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (3) | Necessary matters concerning the methods of an application and inspection of the final inspection under paragraph (1) and the subject matters, time, method, etc. of an inspection on effluent water quality under paragraph (2) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 38 (Designing and Construction of Private Sewage Treatment Facilities) |
A person who intends to install or alter a private sewage treatment facility shall engage any of the following persons to design and construct a private sewage treatment facility: <Amended on Mar. 21, 2008; Jan. 7, 2009; Apr. 28, 2011; May 26, 2020; Jan. 5, 2021>
| 1. | A person who has his, her, or its business of designing and constructing private sewage treatment facilities registered under Article 51 (1); |
| 5. | Deleted. <Jan. 5, 2021> |
| (2) | Notwithstanding paragraph (1), a person not referred to in paragraph (1) may install or alter a private sewage treatment facility in any of the following cases: <Newly Inserted on Jan. 5, 2021> |
| 1. | Where a private sewage treatment facility is installed or altered for the purpose of research on sewage treatment; |
| 2. | Where a pilot plant is installed to apply a sewage treatment method that has not been widely used domestically as treatment technology (which shall be limited to the one that has successfully passed a test conducted by a national or public testing institute, a research institute annexed to a university or college, or any other research or testing institute recognized by the Minister of Environment); |
| 3. | Where any person who has his or her business of manufacturing private sewage treatment facilities registered in accordance with Article 52 (1) installs or alters on his or her own such facility manufactured by himself or herself; |
| Article 39 (Operation and Management of Private Sewage Treatment Facilities) |
| (1) | In operation and management of a private sewage treatment facility, no owner or manager of a private sewage treatment facility shall commit an act that falls under any of the following subparagraphs: <Amended on May 26, 2020> |
| 1. | Discharging wastewater created from the building without flowing it into the private sewage treatment facility, or installing a facility that is capable of discharging wastewater without flowing it into the private sewage treatment facility; |
| 2. | Discharging wastewater influent from a private sewage treatment facility halfway without passing through a final discharging outlet, or installing a facility which is capable of discharging wastewater influent from a private sewage treatment facility halfway in such a manner; |
| 3. | Treating wastewater created from a building by mixing it with ordinary water, or discharging such wastewater mixed with ordinary water; |
| 4. | Discharging wastewater in excess of the standards for the effluent water quality with failure to operate a private sewage treatment facility in a normal condition without good cause. |
| (2) | In maintenance and management of a private sewage treatment facility, the owner or manager of such a facility shall comply with the standards prescribed by Ordinance of the Ministry of Environment concerning the self-measurement of discharged water quality, interior cleaning, etc. <Amended on May 26, 2020> |
| (3) | When the owner or manager of a private sewage treatment facility is forced to discharge wastewater in excess of the standard discharged water quality due to an unavoidable cause or event prescribed by Presidential Decree, he or she shall submit a report in advance to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor or the head of a Si/Gun/Gu. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (4) | The matters on which the owner or manager of a private sewage treatment facility is obligated to report in accordance with paragraph (3) and necessary matters concerning the reporting procedure, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
| (5) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall, upon receipt of a report under paragraph (3), review the details of the report and accept it if it complies with this Act. <Newly Inserted on Jan. 5, 2021> |
| (6) | Where the owner or manager of a private sewerage treatment facility continues to fail to perform interior cleaning of the facility even after an administrative fine was imposed upon the owner or manager under Article 80 (4) 12 for failure to perform such interior cleaning in compliance with the standards under paragraph (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may vicariously perform such cleaning work as prescribed by the Administrative Vicarious Execution Act and collect the expenses incurred therein from the owner or manager. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| (7) | The owner of a building, etc. specified by Presidential Decree out of the buildings, etc. that discharge wastewater into a private sewage treatment facility installed for common use shall establish an operating organization required for the joint management and maintenance of such a facility, as prescribed by Ordinance of the Ministry of Environment, appoint the representative of the organization, and shall report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. The foregoing shall apply to any intended revision to an important matter prescribed by Presidential Decree. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| (8) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, shall notify a person who has filed a report under the former part of paragraph (7) or a report on change under the latter part of that paragraph (7) of whether such report is accepted, within three days from the date of receipt thereof. <Newly Inserted on Jan. 5, 2021> |
| (9) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu fails to notify a person who has filed a report of its acceptance of the report or extension of a relevant processing period under the statutes or regulations governing civil petitions within the period under paragraph (8), the report shall be deemed accepted on the day following the date on which the period ends (where such relevant processing period is extended or re-extended under the statutes or regulations governing civil petitions, referring to the extended period). <Newly Inserted on Jan. 5, 2021> |
| (10) | For purposes of applying paragraphs (1) through (6) and Article 40, the representative of an operating organization referred to in paragraph (7) shall be deemed the owner or manager of the relevant private sewage treatment facility. <Amended on May 26, 2020; Jan. 5, 2021> |
| (11) | The owner or manager of a private sewage treatment facility may entrust the management of the facility to a person in the business of managing treatment facilities referred to in Article 53 (1). <Amended on May 26, 2020; Jan. 5, 2021> |
| (12) | A person entrusted with the management of a private sewage treatment facility under paragraph (11) shall be deemed the owner or manager of a private sewage treatment facility for purposes of applying this Act: Provided, That the foregoing shall not apply where there is any ground specified by Presidential Decree, such as where an obvious fault is found on the side of the owner of a private sewage treatment facility. <Amended on May 26, 2020; Jan. 5, 2021> |
| Article 40 (Order for Improvement of Private Sewage Treatment Facilities) |
| (1) | If a result of the inspection of the effluent water quality under Article 37 (2) shows that the water quality is in excess of the standards for the effluent water quality, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may order the owner of the facility at issue to take necessary measures (hereinafter referred to as "improvement order") such as the improvement, replacement, or shutdown of the facility at issue, or the installation of an instrument which could monitor the operating state of the facility within a given period as prescribed by Presidential Decree. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (2) | When it is found that a private sewage treatment facility is installed, operated, or managed not in compliance with the standards for the effluent water quality or the standards stipulated in Articles 34 (4) and 39 (2) the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may issue an improvement order to its owner or manager for the facility at issue within a given period, as prescribed by Presidential Decree. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| (3) | A person to whom an improvement order was issued pursuant to paragraph (1) or (2) shall, upon completion of his or her performance in compliance with the order, report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu without delay. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Mayor, or the head of a Si/Gun/Gu shall confirm the state of such performance, and shall notify the person who received the improvement order of the results of his or her examination. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (4) | Necessary matters concerning the method of confirming the state of performance under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. |
CHAPTER IV TREATMENT OF FOUL WASTE
| Article 41 (Duty to Treat Foul Waste) |
| (1) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall be responsible for collecting, transporting, and disposing of foul waste (excluding cases where the owner or manager of a private sewage treatment facility directly disposes of sludge generated in the process of cleaning up the private sewage treatment facility, as prescribed by Ordinance of the Ministry of Environment) generated within an area under his or her jurisdiction. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may engage a person in the business of collecting and transporting foul waste referred to in Article 45 to collect and transport such foul waste on its behalf as prescribed by ordinance of the relevant local government. <Amended on Apr. 5, 2011; Feb. 1, 2012; Jul. 16, 2013; May 26, 2020> |
| (2) | Each Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu (a Gu means an autonomous Gu; hereinafter the same shall apply) may specify remote areas and backcountry where it is difficult to collect, transport, and dispose of foul waste as the areas exempt from the application of paragraph (1) by ordinance of the relevant local government pursuant to the standards prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (3) | Any person who operates a vehicle, sea vessel, or aircraft in which a toilet is installed, or any person who installs or manages a mobile toilet, shall collect, transport, and dispose of foul waste discharged from the toilet (including wastewater from a plush toilet) on his or her own, and if he or she is unable to collect and transport it on his or her own, he or she may require a person in the business of collecting and transporting foul waste referred to in Article 45 to collect and transport such foul waste on its behalf. |
| (4) | With respect to collecting, transporting, and disposing of foul waste, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may collect a service fee, as prescribed by ordinance of the relevant local government: Provided, That where a Mayor/Do Governor has established and operates a waste treatment plant, the relevant Mayor/Do Governor may collect the service fee for the treatment of foul waste as prescribed by the ordinance of a City/Do, and where a person in the business of collecting and transporting foul waste referred to in Article 45 performing such service on its behalf pursuant to paragraphs (1) and (3), the operator may collect the service fee for such collection and transportation on its behalf. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (5) | No public sewerage management authority that establishes and operates a waste treatment plant shall refuse a request for treatment of the foul waste collected and transported pursuant to paragraphs (1) and (3), except where a cause or event specified by Ordinance of the Ministry of Environment has occurred, such as suspended operation of the waste treatment plant. <Amended on May 26, 2020> |
| Article 42 (Region-Wide Management of Foul Waste) |
| (1) | The heads of local governments may jointly establish and operate a waste treatment plant, wherever it is deemed necessary to dispose of foul waste produced from the jurisdictions of two or more local governments on a regional basis. <Amended on May 26, 2020> |
| (2) | The Minister of Environment (limited to cases where the Mayor/Do Governor has established and operates a waste treatment plant) or the Mayor/Do Governor (limited to cases where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu has established and operates a waste treatment plant) may initiate coordination between local governments as may be necessary for the establishment and operation of a waste treatment plant. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (3) | In initiating the coordination between local governments for the establishment and operation of a waste treatment plan pursuant to para graph (2), the Minister of Environment or the Mayor/Do Governor may give a recommendation for communal use of a waste treatment plant if it is necessary, and may also recommend the heads of relevant local governments to make support for the conservation and improvement of the living environment in the area where such a facility is established. In such cases, the heads of relevant local governments shall follow such recommendation, unless there is a compelling reason not to do so. <Amended on May 26, 2020> |
| Article 43 (Disposal of Foul Waste) |
| (1) | The standards for collecting, transporting, and disposing of foul waste under Article 41 (1) and (3) shall be prescribed by Ordinance of the Ministry of Environment. |
| (2) | No person who collects or transports foul waste shall dump it recklessly on any place other than a place where it may be properly disposed of, in violation of the standards under paragraph (1). |
| (3) | Notwithstanding paragraphs (1) and (2), foul waste may be disposed of in any way that may not cause any harm to living environment, in an area designated by ordinance of the relevant local government pursuant to Article 41 (2). <Amended on May 26, 2020> |
| Article 44 (Recycling of Foul Waste) |
| (1) | A person who intends to recycle foul waste in a quantity not less than the amount prescribed by Ordinance of the Ministry of Environment shall file with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu a report on his, her, or its intended recycling: Provided, That the foregoing shall not apply where such foul waste is used in accordance with Article 43 (3). <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| (2) | When a person who has filed a report under paragraph (1) intends to change any of the reported matters with regard to the important matters specified by Ordinance of the Ministry of Environment, the person shall file a report of such change with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall, upon receipt of a report under the main clause of paragraph (1) or a report on change under paragraph (2), review the details of such report and accept it if it complies with this Act. <Newly Inserted on Jan. 5, 2021> |
| (4) | Where a person who has filed a report under paragraph (1) recycles foul waste, he or she shall install and manage a recycling facility in compliance with the standards established by Ordinance of the Ministry of Environment. <Amended on May 26, 2020; Jan. 5, 2021> |
| (5) | When it is deemed that the establishment and management of a recycling facility fall short of the standards under paragraph (4), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may issue an order to improve the recycling facility to the person who has installed and manages it within a specified period, as prescribed by Presidential Decree. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
CHAPTER V BUSINESS RELATED TO WASTEWATER AND FOUL WASTE
| Article 45 (Business of Collecting and Transporting Foul Waste) |
| (1) | A person who intends to carry on the business of collecting (including the cleaning for the interior of private sewage treatment facilities and sewage culverts of separate sewage culverts along which wastewater flows) and transporting foul waste (hereinafter referred to as the "business of collecting and transporting foul waste") shall obtain a license from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, after complying with requirements for facilities, equipment, technical personnel, etc. under the standards prescribed by Presidential Decree and where he, she, or it intends to change any of the permitted matters with regard to the important matters prescribed by Presidential Decree, he, she, or it shall submit a report on such change to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Amended on Apr. 5, 2021; Jul. 16, 2013> |
| (2) | A person who intends to obtain a license for the business of collecting and transporting foul waste may, before applying for the license under paragraph (1), request a preliminary examination of the adequacy of its business plan submitted to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment.<Amended on Apr. 5, 2021; Jul. 16, 2013> |
| (3) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall examine such business plan submitted under paragraph (2) and shall notify whether it is adequate for granting such license within one month from the date the request is submitted. <Amended on Apr. 5, 2011; Jul. 16, 2013> |
| (4) | Where the person who is notified under paragraph (3) that his, her, or its business plan is adequate applies for the license after complying with the requirements for facilities, equipment, technical personnel, etc. in accordance with the business plan within six months from the date of receipt of the notice, the Special Self-Governing City Mayor, the Si/Gun/Gu shall grant a license without delay. <Amended on Apr. 5, 2021; Jul. 16, 2013> |
| (5) | In granting a license under paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may, whenever necessary for collecting and transporting efficiently foul waste produced within his or her jurisdiction, designate a business territory, or put a condition as necessary, as prescribed by Presidential Decree. <Amended on Apr. 5, 2021; Jul. 16, 2013> |
| (6) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall, upon receipt of a report on change under paragraph (1), review the details of the report and accept it if it complies with this Act. <Newly Inserted on Jan. 5, 2021> |
| (7) | Necessary matters concerning procedures, etc. for obtaining licenses and reporting changes under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 5, 2021> |
| (8) | A person who has obtained a license for the business of collecting and transporting foul waste under paragraph (1) (hereinafter referred to as "person in the business of collecting and transporting foul waste") shall not allow any other person to use his, her, or its trade name or personal name for engaging in the business of collecting and transporting foul waste, or lend his, her, or its license certificate to any other person. <Amended on Jan. 5, 2021> |
| Article 46 (Succession to Status of Person in Business of Collecting and Transporting Foul Waste) |
| (1) | Where a person in the business of collecting and transporting foul waste transfers his, her, or its business, where such person dies, or where such person is a corporation that merged with another corporation, the transferee, the heir, or the corporation surviving the merger or newly established after such merger shall succeed to the status of the former person: Provided, That the foregoing shall not apply where the transferee of the business or the corporation surviving the merger or newly established after such merger falls within any of subparagraphs 1 through 4 of Article 48. <Amended on May 26, 2020> |
| (2) | Where an heir who succeeds to the status of the person in the business under paragraph (1) falls within any of subparagraphs 1 through 4 of Article 48, or where a corporation that succeeds to the status of the person falls within subparagraph 5 of Article 48, the heir or the corporation shall transfer the status to another person within six months from the commencement date of inheritance or the date of merger or shall replace such executive officer with another person. <Amended on May 26, 2020; Jan. 5, 2021> |
| Article 47 (Matters to Be Observed by Persons in Business of Collecting and Transporting Foul Waste) |
| (1) | No person in the business of collecting and transporting foul waste a service fee in excess of the guideline prescribed by ordinance of the relevant local government. <Amended on May 26, 2020> |
| (2) | Matters to be observed by persons in the business of collecting and transporting foul waste (including their employees), such as business operations, preparation of relevant documents, and retention of them shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 48 (Grounds for Disqualifications) |
The following persons shall be disqualified for the license for the business of collecting and transporting foul waste: <Amended on Apr. 5, 2011; Feb. 3, 2015; Jan. 17, 2017; May 26, 2020; Jan. 5, 2021>
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person in whose case two years have not passed since a sentence of imprisonment with labor or a heavier punishment pronounced upon him or her on account of violation of this Act, the Water Environment Conservation Act, or the Wastes Control Act was completely executed (including cases where deemed completely executed) or finally and conclusively exempted from execution; |
| 4. | A person in whose case two years have not passed from the date his license was revoked pursuant to this Act (excluding cases where his, her, or its license was revoked under subparagraph 1 or 2 of this Article); |
| 5. | A corporation in which an executive officer falls under any of subparagraphs 1 through 4. |
| Article 49 (Revocation of License) |
| (1) | Where a person in the business of collecting and transporting foul waste falls within any of the following subparagraphs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may revoke license or order to suspend all or part of business operations for a specified period not exceeding six months: Provided, such license shall be revoked in cases to which subparagraph 1, 9, or 12 is applicable: <Amended on Jan. 7, 2009; Apr. 5, 2011; Nov. 14, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| 1. | Where he, she, or it has obtained a license by fraud or other improper means; |
| 2. | Where he, she, or it continues business operations without filing a report on any change or submits a report on such change in any improper means; |
| 3. | Where he, she, or it fails to commence business operations within one year since he, she, or it obtained a license or continues to suspend business operations for one year or longer without good cause; |
| 4. | Where he, she, or it collects or transports foul waste, in violation of Article 43 (2); |
| 5. | Where he, she, or it fails to meet the standards for the license required under Article 45 (1); |
| 6. | Where he, she, or it allows any other person to use his, her, or its trade name or personal name for engaging in the business of collecting and transporting foul waste, or lends his, her, or its license certificate to someone else, in violation of Article 45 (8); |
| 7. | Where he, she, or it collects a service fee, in violation of Article 47 (1); |
| 8. | Where he, she, or it fails to comply with the matters to be observed by persons in the business of collecting and transporting foul waste under Article 47 (2); |
| 9. | Where he, she, or it comes to fall within subparagraphs 1 through 3 or 5 of Article 48: Provided, That the foregoing shall not apply where the person is a corporation and the corporation has replaced an executive officer who fell under subparagraph 5 of Article 48 with someone else within six months; |
| 10. | Deleted; <Nov. 14, 2011> |
| 11. | Deleted; <Nov. 14, 2011> |
| 12. | Where he, she, or it refuses, hinders, or evades an inspection of relevant documents, facilities, equipment, etc. under Article 69 (1); |
| 13. | Where he, she, or it continues business operations during the period of suspension of operations. |
| (2) | The guidelines for the disposition on each offense under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment, taking into consideration the motive and degree of the offense. <Amended on May 26, 2020> |
| Article 50 (Penalty Surcharges) |
| (1) | Where the Minister of Environment is required to impose suspension of business operations on a management agent under Article 19-4 (1) or (2), if such suspension is likely to cause serious inconvenience to the lives of residents or to harm the public interests, the Minister may grant a penalty surcharge not exceeding two hundred million won in lieu of the imposition of suspension. <Newly Inserted on Feb. 1, 2012> |
| (2) | Where the Minister of Environment is required to impose disposition to suspend business operations on a managing agent under Article 49 (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may impose a penalty surcharge not exceeding 30 million won in lieu of the disposition of business suspension, if such business suspension is likely to cause serious inconvenience to users, etc. of the relevant service or harm the public interests. <Amended on Apr. 5, 2011; Feb. 1, 2012; Jul. 16, 2013; May 26, 2020> |
| (3) | The types of offenses against which penalty surcharges are imposed pursuant to paragraphs (1) and (2), the amount of penalty surcharges, the procedures for collection, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
| (4) | Where a person who is liable to pay a penalty surcharge in accordance with paragraphs (1) and (2) fails to pay it by a payment due date, the Minister of Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall collect it in the same manner as delinquent national taxes or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Apr. 5, 2011; Feb. 1, 2012; Jul. 16, 2013; Aug. 6, 2013; Mar. 24, 2020> |
| (5) | No penalty surcharge collected pursuant to paragraph (1) shall be used for any purpose other than environmental conservation projects. <Amended on Feb. 1, 2012> |
| Article 51 (Business of Designing and Constructing Private Sewage Treatment Facilities) |
| (1) | A person (excluding those referred to in Article 38 (1) 2 through 4) who intends to engage in the business of designing and constructing private sewage treatment facilities (hereinafter referred to as the "business of designing and constructing private sewage treatment facilities") shall file for registration with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu after complying with the requirements for facilities, equipment, and technical personnel pursuant to the standards prescribed by Presidential Decree; and where the person intends to change any of the registered matters, he, she, or it shall file a report on such change as prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 5, 2011; Nov. 14, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| (2) | Necessary matters concerning procedures, etc. for business registration or reporting on changes under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 14, 2011> |
| (3) | No person who has his, her, or its business of designing and constructing private sewage treatment facilities registered under paragraph (1) (hereinafter referred to as a "person in the business of designing and constructing treatment facilities") shall not allow any other person to use his, her, or its trade name or personal name for engaging in designing and constructing private sewage treatment facilities or lend his, her, or its registration certificate to any other person. |
| (4) | Articles 46 and 48 shall apply mutatis mutandis to registrations filed for the business of designing and constructing private sewage treatment facilities. In such cases, "person in the business of collecting and transporting foul waste" shall be construed as "person in the business of designing and constructing treatment facilities", "the business of collecting and transporting foul waste" as "the business of designing and constructing private sewage treatment facilities", and "license" as "registration", respectively. |
| (5) | Persons in the business of designing and constructing treatment facilities shall comply with the matters to be observed prescribed by Ordinance of the Ministry of Environment, such as the scope of direct designing works and the scope of subcontracting works for the awarded construction works. <Amended on May 26, 2020> |
| (7) | Persons in the business of designing and constructing treatment facilities may design and construct works for public sewage treatment plants with the scale, characteristics of work classifications, etc. specified by Presidential Decree. <Amended on May 26, 2020> |
| Article 52 (Business of Manufacturing Private Sewage Treatment Facilities) |
| (1) | Anyone who intends to engage in the business of manufacturing private sewage treatment facilities (hereinafter referred to as the "business of manufacturing private sewage treatment facilities") shall register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu after complying with the requirements for the facilities, equipment, technical personnel, etc. pursuant to the standards prescribed by Presidential Decree; and where such person intends to change any of the matters already registered, he, she, or it shall file for registration or report of such change as prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (2) | Necessary matters concerning the procedures, etc. for business registration or the registration of alteration, or reporting on alteration shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | Necessary matters concerning the standards, etc. for the structure, specification, materials, performance of private sewage treatment facilities that anyone who has completed registration under paragraph (1) (hereinafter referred to as "manufacturer of treatment facilities") is allowed to manufacture shall be prescribed by Ordinance of the Ministry of Environment. |
| (4) | A manufacturer of treatment facilities shall undergo an inspection as to whether the materials and performance of the private sewage treatment facilities that he or she intends to manufacture conform to the standards under paragraph (3), as prescribed by Presidential Decree. In such cases, necessary matters concerning the inspection institution, the method and procedure for inspection, etc. shall be prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (5) | No manufacturer of treatment facilities shall allow any other person to use his or her trade name or personal name for manufacturing private sewage treatment facilities, or lend his or her registration certificate to someone else. |
| (6) | Articles 46 and 48 shall apply mutatis mutandis to registration for the business of manufacturing private sewage treatment facilities under paragraph (1). In such cases, "person in the business of collecting and transporting foul waste" shall be construed as "manufacturer of treatment facilities", "the business of collecting and transporting foul waste" as "the business of manufacturing private sewage treatment facilities", and "license" as "registration", respectively. |
| (7) | Every manufacturer of treatment facilities shall comply with the matters to be observed prescribed by Ordinance of the Ministry of Environment concerning the quality test methods, etc. of private sewage treatment facilities. <Amended on May 26, 2020> |
| Article 53 (Business of Managing Private Sewage Treatment Facilities) |
| (1) | A person who intends to engage in the business of managing private sewage treatment facilities (hereinafter referred to as the "business of managing private sewage treatment facilities") shall register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu after complying with the requirements for facilities, equipment, technical personnel, etc. in accordance with the standards prescribed by Presidential Decree, and where he, she, or it intends to change any of the registered matters, he, she, or it shall report such change as prescribed by Ordinance of the Ministry of Environment. <Amended on Apr. 5, 2011; Nov. 14, 2011; Jul. 16, 2013; May 26, 2020> |
| (2) | Necessary matters concerning procedures, etc. for business registration or reporting on changes under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Nov. 14, 2011> |
| (3) | No person who has his, her, or its business of managing private sewage registered under paragraph (1) (hereinafter referred to as a "person in the business of managing treatment facilities") shall allow any other person to use his, her, or its trade name or personal name for managing private sewage treatment facilities, or lend his, her, or its registration certificate to someone else. |
| (4) | Articles 46 and 48 shall apply mutatis mutandis to registration for the business of managing private sewage treatment facilities under paragraph (1). In such cases, "person in the business of collecting and transporting foul waste" shall be construed as "person in the business of managing treatment facilities", "the business of collecting and transporting foul waste" as "the business of managing private sewage treatment facilities", and "license" as "registration", respectively. |
| (5) | A person in the business of managing treatment facilities shall comply with the matters to be observed prescribed by Ordinance of the Ministry of Environment, such as the standards for the effluent water quality, monitoring of the operating state of treatment facilities, etc. <Amended on May 26, 2020> |
| Article 54 (Revocation of Registration) |
| (1) | Where a person in the business of designing and constructing treatment facilities, a manufacturer of treatment facilities, or person in the business of managing treatment facilities falls within any of the following subparagraphs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may revoke the registration or order the person to suspend all or part of business operations for a specified period not exceeding six months: Provided, That such registration shall be necessarily revoked in cases to which subparagraph 1 or 8 through 11 is applicable: <Amended on Apr. 5, 2011; Nov. 14, 2011; Jul. 16, 2013; May 26, 2020; Jan. 5, 2021> |
| 1. | Where he, she, or it registers business by fraud or other improper means; |
| 2. | Where he, she, or it continues business without registering the change thereof (limited to manufacturers of treatment facilities) or reporting the change thereof, or registers the change thereof (limited to manufacturers of treatment facilities) or reports the change thereof in any improper means; |
| 3. | Where he, she, or it fails to commence business within one year from the date he, she, or it completed registration, or suspends business continuously for one year or longer without good cause; |
| 4. | Where he, she, or it allows any other person to use his, her, or its trade name or personal name for engaging in business, or lends his, her, or its registration certificate to someone else; |
| 5. | Where a person in the business of designing and constructing treatment facilities shows poor performance in designing and constructing private sewage treatment facilities or subcontracts awarded construction works entirely to someone else in the lump; |
| 6. | Where a person in the business of designing and constructing treatment facilities, a manufacturer of treatment facilities, or a person in the business of managing treatment facilities fails to comply with the matters to be observed; |
| 7. | Where a manufacturer of treatment facilities manufactures private sewage treatment facilities at any place outside of the facilities, equipment, or factory registered by himself,herself, or itself; |
| 8. | Where a person in the business of designing and constructing treatment facilities concludes a new contract or engages in the business to perform such contract during the period of business suspension; |
| 9. | Where a person in the business of designing and constructing treatment facilities or a person in the business of managing treatment facilities continues business operations during the period of suspension of operations; |
| 10. | Where he, she, or it falls under subparagraph 1 through 3 or 5 of Article 48, which shall apply mutatis mutandis pursuant to Article 51 (4), 52 (6), or 53 (4): Provided, That the foregoing shall not apply where a corporation which has an executive officer falling under subparagraph 5 of Article 48 has replaced such executive officer with someone else within six months; |
| 11. | Where he, she, or it manufactures any product other than those registered in accordance with Article 52 (1); |
| 12. | Where he, she, or it fails to meet the requirements for registration under Article 51 (1), 52 (1), or 53 (1); |
| 13. | Where a manufacturer of treatment facilities manufactures a private sewage treatment facility not in compliance with the standards for the structure, specification, materials, and performance under Article 52 (3) or fails to request an inspection under Article 52 (4); |
| 14. | Deleted; <Nov. 14, 2011> |
| 15. | Where he, she, or it refuses, hinders, or evades an inspection of relevant documents, facilities, equipment, etc. under Article 69 (1). |
| (2) | The guidelines for the disposition for each offense under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment, taking into consideration the motive and degree of the offense. <Amended on May 26, 2020> |
| Article 55 (Continuing Works by Operators of Business Specializing in Planning and Construction of Treatment Facilities after Revocation of Registration or Business Suspension) |
| (1) | An operator of business specializing in planning and construction of treatment facilities whose registration was revoked or against whom the disposition of business suspension was made pursuant to Article 54 may continue planning and construction works only for the contracts concluded before such disposition was made. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may designate a person qualified under the Ordinance of the Ministry of Environment as a supervisor to manage and supervise over the projects. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (2) | Where an operator of business specializing in planning and construction of treatment facilities continues planning and construction works in accordance with paragraph (1) after the registration was revoked, he or she shall be deemed the operator of business specializing in planning and construction of treatment facilities until the planning and construction works involved are completed. <Amended on May 26, 2020> |
| Article 56 (Reporting on Temporary Shutdown and Permanent Closedown) |
When a person in the business of collecting and transporting foul waste, person in the business of designing and constructing treatment facilities, a manufacturer of treatment facilities, or a person in the business of managing treatment facilities intends to shut down temporarily, close down permanently or resume his, her, or its business, he, she, or it shall submit a report to the competent administrative authority granting license or registration, as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020>
| Article 56-2 (Support for Permanent Closedown to Persons in Business of Collecting and Transporting Foul Waste) |
| (1) | Where a person in the business of collecting and transporting foul waste has filed a report on permanent closedown under Article 56 due to any of the reasons prescribed by Presidential Decree, such as worsening management performance, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may arrange another business for replacement or provide subsidies for permanent closedown, or arrange loans, etc. <Amended on Jul. 16, 2013> |
| (2) | Necessary matters concerning the procedures for, methods, etc. of payment of subsidies for permanent closedown and arrangement of loans, etc. under paragraph (1) shall be prescribed by ordinance of the relevant local government. |
[This Article Newly Inserted on Apr. 5, 2011]
CHAPTER VI LIABILITY FOR EXPENSES
| Article 57 (Principle of Liability for Expenses) |
Except as provided specifically by this Act or any other Act, the local government to which the relevant public sewerage management authority belongs shall be liable for the expenses for public sewerage system. <Amended on May 26, 2020>
| Article 58 (Apportionment of Expenses) |
| (1) | Each public sewerage management authority under Article 18 (2) may fully or partially apportion expenses incurred in installation, alteration, repair, and maintenance of a public sewerage system to other local governments that benefit from the public sewerage system within the extent of the benefits they gain therefrom. <Amended on May 26, 2020> |
| (2) | Matters concerning the apportionment of expenses under paragraph (1) shall be mutually agreed upon between the local governments concerned. |
| (3) | When the local governments concerned fail to reach an agreement pursuant to paragraph (2), they may file an application for decision with the Mayor/Do Governor (or the Minister of Environment if one party or both parties of the relevant local governments are Cities/Do). |
| (4) | In making a decision pursuant to paragraph (3), the Minister of Environment shall have a prior consultation with the Minister of the Interior and Safety. <Amended on Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (5) | It shall be deemed that an agreement under paragraph (2) is formed when a decision is made pursuant to paragraphs (3) and (4). |
| Article 59 (Order of Apportionment to Si/Gun) |
Where any Do bears expenses for a public sewerage system pursuant to Articles 18 (2) and 57, the Do Governor may require the Si/Gun that benefits from the public sewerage system to fully or partially pay such expenses, as prescribed by Presidential Decree. <Amended on May 26, 2020>
| Article 60 (Apportionment of Expenses for Construction Works of Combined-Purpose Structure) |
The cost and expenses for construction or maintenance works of a public sewerage system executed pursuant to Article 13 (1) or those required for construction or maintenance works of a multi-purpose structure shall be apportioned to the competent public sewerage management authority and the managing agent of the multi-purpose structure under an agreement between them within the extent of benefits that each of them gains therefrom. <Amended on May 26, 2020>
| Article 61 (Charge on Burden-Causing Entities) |
| (1) | Where the new construction, extension, or alteration of the use of a building, etc. increases wastewater by not less than the amount prescribed by Presidential Decree, each public sewerage management authority may fully or partially charge expenses for alteration of a public sewerage system on the owner of a relevant building (referring to the project owner or the construction entity if the building or structure is under construction). <Amended on Jul. 16, 2013> |
| (2) | Each public sewerage management authority may fully or partially charge expenses required for construction works of a public sewerage system, which has become necessary due to accompanying construction work prescribed by Presidential Decree or development activity accompanying with the new construction, extension, etc. of public sewerage systems (hereinafter referred to as "another activity") on a person who shall be liable for expenses for the accompanying construction work or another activity, or require such person to execute necessary construction works. <Amended on Nov. 14, 2011; May 26, 2020> |
| (3) | The standards for computation of charges for which burden-causing entities shall be liable pursuant to paragraphs (1) and (2), the method of collection, and other necessary matters shall be prescribed by ordinance of the competent local government. <Amended on May 26, 2020; Jan. 5, 2021> |
| (4) | Charges on burden-casing entities collected pursuant to paragraphs (1) and (2) shall be only used for the expenses incurred in the works for new construction, extension, relocation, re-construction and repair of public sewerage systems. <Newly Inserted on Jan. 5, 2021> |
| (5) | Charges on burden-casing entities collected pursuant to paragraphs (1) and (2) shall be only used for the expenses incurred in the works for new construction, extension, relocation, re-construction and repair of public sewerage systems. <Newly Inserted on Nov. 14, 2011; Jan. 5, 2021> |
| Article 62 (Liability for Cost and Expenses of Accompanying Construction Works) |
| (1) | Except where any specific conditions exist on permission under Article 24, a person who is liable for the cost and expenses of a public sewerage system within the extent that he or she has brought about a cause of an accompanying construction work shall fully or partially bear the cost and expenses required for the accompanying construction work executed under Article 14 (1). <Amended on Jan. 5, 2021> |
| (2) | Article 61 (2) shall apply mutatis mutandis where any construction work for a public sewerage system which causes an accompanying construction work under paragraph (1) has become necessary due to an accompanying construction work or another activity. |
| Article 63 (State Subsidies) |
The State may subsidize local governments for all or part of cost and expenses of the projects for the installation, alteration, or disaster recovery of the public sewerage system within budgetary limits.
| Article 64 (Free Lease or Conveyance of State-Owned Land) |
The State may lease or convey a parcel of land, which falls within the category of State-owned general property, to a local government without consideration, when the land is required for a project for public sewerage system. <Amended on Jan. 30, 2009; May 26, 2020>
| (1) | Each public sewerage management authority may collect rent or a use fee from the persons who occupy or use a public sewerage system. In such cases, the matters concerning the collection of rent or a use fee shall be prescribed by ordinance of the competent local government pursuant to the standards established by Presidential Decree. <Amended on May 26, 2020> |
| (2) | No revenue collected pursuant to paragraph (1) may be used for any purpose other than for public sewerage systems: Provided, That such revenue may be used for private sewerage systems where offensive odors caused by private sewage systems greatly influence living environments and the efficient management of public sewerage systems and where the purposes of using such revenue are specified by municipal ordinances. <Amended on Jan. 27, 2016> |
| (3) | No use fee under paragraph (1) may be collected, unless and until a public announcement of the commencement of service is made pursuant to Article 15. |
| (4) | When a use fee under paragraph (1) is determined, each public sewerage management authority shall publicly announce the cost of treatment of public sewerage systems, unit cost determined, shortage of source of revenues, plans for making up for such shortage, and performance of execution in the previous year within one month. <Newly Inserted on Nov. 14, 2011> |
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 66 (Technical Manager) |
| (1) | Every person who has installed and operates a private sewage treatment facility in a size equivalent to or larger than the one prescribed by Presidential Decree shall employ a technical manager, who shall be responsible for technical affairs related to the maintenance and management of the relevant facility: Provided, That the foregoing shall not apply to a case falling under any of the following subparagraphs: <Amended on Jan. 7, 2009; Jan. 17, 2017; May 26, 2020> |
| 1. | Where the management of a private sewage treatment facility has been entrusted to a person in the business of managing treatment facilities; |
| (2) | Necessary matters concerning the standard qualifications for technical managers under paragraph (1), matters to be observed, etc. shall be prescribed by Ordinance of the Ministry of Environment. |
| (1) | A person who operates and manages a public sewage treatment plant or a foul waste treatment plant shall provide the operating personnel of such facilities with opportunities to take training courses conducted by the Minister of Environment or the Mayor/Do Governor for the efficient operation and management of the public sewage treatment plant or the foul waste treatment plant. <Amended on Feb. 1, 2012> |
| (2) | Persons in the business of collecting and transporting foul waste, persons in the business of designing and constructing treatment facilities, manufacturers of treatment facilities, persons in the business of managing treatment facilities, management agents, and persons obligated to appoint technical managers in accordance with Article 66, shall require technical personnel and technical managers employed by them to take training courses provided by the Minister of Environment or the Mayor/Do Governor. <Amended on Feb. 1, 2012> |
| (3) | The Minister of Environment or the Mayor/Do Governor may collect expenses incurred for such training courses set forth in paragraph (1) or (2) from the employers of the trainees. <Amended on Feb. 1, 2012> |
| (4) | The trainees eligible for the training courses referred to in paragraph (1) or (2), the subjects of such training courses, and other necessary matters shall be prescribed by Presidential Decree. <Amended on Feb. 1, 2012> |
| Article 68 (Keeping Records in Ledgers and Retention of Ledgers) |
| (1) | Each public sewerage management authority shall keep records in public sewerage management ledgers and retain such ledgers as prescribed by Ordinance of the Ministry of Environment. <Amended on May 26, 2020> |
| (2) | A person who recycles foul waste in accordance with Article 44 or a person in the business of collecting and transporting foul waste shall keep ledgers as prescribed by Ordinance of the Ministry of Environment and state therein the place from which foul waste has been collected, the quantity of collection, and the status of disposal; and the retention period for such ledgers shall be three years beginning on the date the last entry is made thereon. <Amended on May 26, 2020> |
| Article 68-2 (Establishment of Public Sewerage Information System) |
| (1) | The Minister of Environment may establish and operate a sewerage information system to collect, process, and analyze data regarding sewerage policy formulation and implementation, statistics, etc. <Amended on Jan. 5, 2021> |
| (2) | The Minster of Environment may request a public sewerage management authority, etc. to submit materials necessary for establishing and operating the public sewerage information system referred to in paragraph (1). In such cases, the head of the authority shall, upon receipt of such request, comply therewith, unless there is a compelling reason not to do so. <Amended on Jan. 5, 2021> |
[This Article Newly Inserted on Feb. 1, 2012]
[Title Amended on Jan. 5, 2021]
| Article 68-3 (Establishment and Operation of Centers for Supporting Basin Sewerage Systems) |
| (1) | The Minister of Environment may establish and operate a center for supporting a basin sewerage system (hereinafter referred to as "support center") to assist public sewerage management authorities with the management of sewerage systems and related technologies, policies, etc. |
| (2) | Where deemed necessary for the operation of support centers, the Minister of Environment may request public sewerage management authorities to submit related data. |
| (3) | Matters necessary for the establishment and operation of support centers, requests for submission of data, etc. under paragraphs (1) and (2) shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Jun. 10, 2022]
| Article 69 (Report and Inspection) |
| (1) | If any hazardous pollution has occurred or is likely to occur owing to leakage of wastewater or foul waste, or there occurs any other cause or event specified by Presidential Decree, the Minister of Environment or the head of each local government may require a person who falls under any of the following subparagraphs to submit a report or data, and may assign related public officials to have access to a facility, or workplace, etc. at issue to inspect related documents, facilities, equipment, etc.: <Amended on Jan. 7, 2009; May 26, 2020; Jan. 5, 2021> |
| 2. | A specialized technical diagnostic institute; |
| 3. | A person who manufactures, imports, sells a specific industrial product specified by Presidential Decree pursuant to Article 33 (1); |
| 4. | A person who recycles foul waste in accordance with Article 44; |
| 5. | 5. A person in the business of collecting and transporting foul waste; |
| 6. | A person in the business of designing and constructing treatment facilities; |
| 7. | A manufacturer of treatment facilities; |
| 8. | A person in the business of managing treatment facilities. |
| (2) | The Minister of Environment or the head of each local government may assign relevant public officials to have access to a building, etc. in which a private sewage treatment facility has been installed, to inspect the state of maintenance and management thereof. |
| (3) | A public official who has access to conduct an inspection pursuant to paragraphs (1) and (2) shall carry an identification indicating his or her authority, and shall produce it whenever requested by relevant persons. <Amended on Jan. 5, 2021> |
| (4) | Necessary matters concerning the identification under paragraph (3) shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Jan. 5, 2021> |
| Article 69-2 (Inspection on Actual Conditions on Operation and Management of Public Sewerage Systems) |
| (1) | The Minister of Environment may inspect (hereafter referred to as "inspection on actual conditions" in this Article) the actual conditions on the operation and management of public sewerage systems in order to efficiently operate and manage public sewerage systems. |
| (2) | The Minister of Environment may establish and operate computer networks for an efficient inspection on actual conditions and the sharing of relevant information. |
| (3) | Matters concerning the inspection index, methods, etc. for the inspection on actual conditions shall be prescribed and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Apr. 5, 2011]
Any person who intends to obtain permission or registration or undergo an inspection that falls under any of the following subparagraphs shall pay a fee, as prescribed by Ordinance of the Ministry of Environment: <Amended on Nov. 14, 2011; May 26, 2020>
| 1. | License for foul waste collection and transportation business under Article 45 (1); |
| 2. | Registration for the business of designing and constructing private sewage treatment facilities under Article 51 (1); |
| 3. | Registration for the business of manufacturing private sewage treatment facilities or registration of changes therein under Article 52 (1); |
| 4. | Inspection of performance and materials of private sewage treatment facilities under Article 52 (4); |
| 5. | Registration for the business of managing private sewage treatment facilities under Article 53 (1). |
| Article 71 (Request for Revocation of License) |
| (1) | If any holder of a restaurant business license under Article 37 of the Food Sanitation Act or any person who has filed a report on a lodging business under Article 3 of the Public Health Control Act falls under any of the following subparagraphs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the competent administrative agency in charge of the affairs relating to licensing for or reporting on such business to revoke the business license, issue an order to close down such business, or make a disposition of business suspension for a certain period not exceeding six months: <Amended on Feb. 6, 2009; Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| 1. | Where such person violates the standards for the effluent water quality for private sewage treatment facilities at least twice over the last one year; |
| 2. | Where such person fails to install his or her private sewage treatment facility or extend the treatment capacity of the facility in accordance with Article 34 or 35; |
| 3. | Where such person fails to comply with an improvement order issued with respect to his or her private sewage treatment facility pursuant to Article 40. |
| (2) | When any person who registered tourist-use facility business in accordance with Article 4 (2) of the Tourism Promotion Act (excluding the tourist souvenir retail business for foreigners only) falls under any subparagraph of paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the competent administrative agency in charge of the registration of such business to revoke the registration or render a disposition of business suspension for a certain period not exceeding six months. <Amended on Apr. 5, 2011; Jul. 16, 2013; May 26, 2020> |
| (3) | The head of the administrative agency so requested pursuant to paragraph (1) or (2) shall comply with such request unless there is a compelling reason not to do so. <Amended on May 26, 2020> |
The Minister of the Environment, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall hold a hearing before rendering any of the following dispositions: <Amended on Apr. 5, 2011; Nov. 14, 2011; Jul. 16, 2013; Jan. 5, 2021>
| 1. | Revocation of registration as a management agent as required under Article 19-4 (1); |
| 2. | Revocation of the registration of a specialized technical diagnostic institute under Article 20-4 (1); |
| 3. | Revocation of a license for the business of collecting and transporting foul waste under Article 49; |
| 4. | Revocation of the registration for the business of designing and constructing private sewage treatment facilities, the registration for the business of manufacturing private sewage treatment facilities, or registration for the business of managing private sewage treatment facilities under Article 54. |
| Article 73 (Compulsory Collection) |
| (1) | If a person fails to pay fees for use or occupancy or any other charge (hereinafter referred to as "use fees, etc.") required under this Act, under an order issued or disposition granted pursuant to this Act, or under the provisions of a municipal ordinance by the due date for payment, the competent public sewerage management authority may demand to pay such use fees, etc. within a specified period. In such cases, the person liable for the use fees, etc. fails to pay them by the due date for payment, the competent public sewerage management authority may impose an additional charge not exceeding 3/100 of the use fees, etc. for the period from the day following the due date to the day before the date the payment is made. |
[This Article Wholly Amended on Jan. 5, 2021]
| Article 74 (Delegation of Authority or Entrustment of Affairs) |
| (1) | Part of the authority of the Minister of Environment referred to in this Act may be delegated to a Mayor/Do Governor or the head of a local environmental agency, as prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (2) | The Minister of Environment may entrust relevant specialized institutions prescribed by Presidential Decree with the affairs relating to the operation of training programs for the operating personnel of public sewage treatment plants or foul waste treatment plants referred to in Article 67. <Amended on May 26, 2020; Jan. 5, 2021> |
| (3) | The head of each local government may entrust relevant specialized organization by Presidential Decree with the affairs relating to construction of public sewerage. <Amended on Feb. 1, 2012; May 26, 2020> |
| (4) | The Minister of Environment may entrust the affairs relating to the establishment and operation of the public sewerage information system referred to in Article 68-2 (1) to a specialized institution prescribed by Presidential Decree. <Amended on Feb. 1, 2012; Jan. 5, 2021> |
| (5) | The Minister of Environment may entrust the establishment and operation of support centers specified in Article 68-3 (1) to specialized institutions prescribed by Presidential Decree. <Newly Inserted on Jun. 10, 2022> |
| (6) | Deleted. <Feb. 1, 2012> |
| (7) | Deleted. <Feb. 1, 2012> |
| Article 74-2 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
The executive officers and employees of an organization executes the operation and management of public sewerage system pursuant to Article 19-2 (1) shall be construed as public officials for purposes of applying the penalty provisions referred to in Articles 129 through 132 of the Criminal Act. [This Article Newly Inserted on Feb. 1, 2012]
CHAPTER VIII PENALTY PROVISIONS
| Article 75 (Penalty Provisions) |
Any person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended on Jan. 7, 2009; Mar. 18, 2014; Jan. 5, 2021>
| 1. | Any person who commits an act under Article 19 (2) 2 or 3; |
| 2. | Any person who interrupts sewage flow by destroying a public sewerage system or impeding its functions in violation of Article 19 (5). |
| Article 76 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jan. 7, 2009; Feb. 1, 2012; May 26, 2020; Jan. 5, 2021>
| 1. | Any person who commits an act referred to in Article 19 (2) 4; |
| 1-2. | Any person who conducts affairs relating to the management of public sewerage system without being registered as a management agent for public sewerage system under Article 19-2 (1) 1; |
| 2. | Any person who manufactures, imports, or sells a specific industrial product in violation of an order issued pursuant to Article 33 (1); |
| 3. | Any person who fails to install a private sewage treatment facility or fails to expand its treatment capacity in violation of Article 34 or 35: Provided, That the foregoing shall apply only where the treatment capacity of the private sewage treatment facility that the person is obligated to install or expand exceeds two cubic meters per day; |
| 4. | Any person who engages in foul waste collection and transportation business without permission referred to in Article 45 (1); |
| 5. | Any person who allows any other person to use his, her, or its trade name or personal name or lends his, her, or its license certificate or registration certificate to any other person in violation of Article 45 (8), 51 (3), 52 (5), or 53 (3); |
| 6. | Any person who engages in the business of designing and constructing private sewage treatment facilities without being registered as required under Article 51 (1); |
| 7. | Any person who has engaged in the business of manufacturing private sewage facilities without being registered as required under Article 52 (1) or undergoing an inspection as required under Article 52 (4); |
| 8. | Any person who has engaged in the business of managing private sewage treatment facilities without being registered as required under Article 53 (1). |
| Article 77 (Penalty Provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jan. 7, 2009; Nov. 14, 2011; Feb. 1, 2012; May 26, 2020; Jan. 5, 2021>
| 1. | Any person who executes a sewerage construction work using sewerage materials not in conformity with the standards in violation of Article 12 (3); |
| 2-2. | Any person who interrupts sewage flow by manipulating a public sewerage system without good cause in violation of Article 19 (6); |
| 2-3. | Any person who is registered as a managing agent for public sewerage system under Article 19-2 (1) 1 by fraud or other improper means; |
| 2-3. | Any person who registers as a specialized technical diagnostic institute referred to in Article 20-2 (2) by fraud or other improper means; |
| 3. | Any person who disobeys an order for taking measures referred to in Article 23 (1); |
| 4. | Any person who violates an order issued pursuant to Article 25 (1) to suspend or alter construction works; |
| 5. | Any person who violates an order issued pursuant to Article 25 (2) to take such a measure as improvement of a facility; |
| 6. | Any person who fails to install a private sewage treatment facility or fails to expand its treatment capacity in violation of Article 34 or 35: Provided, That the foregoing shall apply only where the treatment capacity of the private sewage treatment facility that the person is obligated to install or expand does not exceed two cubic meters per day; |
| 7. | Any owner or manager of a private sewage treatment facility, who commits an act falling under any subparagraph of Article 39 (1); |
| 8. | Any person who fails to comply with an order issued pursuant to Article 40 (1) or (2) for improvement of a private sewage treatment facility; |
| 9. | Any person who dumps foul waste recklessly in violation of Article 43 (2); |
| 10. | Any person who recycles foul waste without submitting a report in accordance with Article 44 (1); |
| 11. | Any person who violates an improvement order issued under Article 44 (5); |
| 12. | Any person who obtains permission for foul waste collection and transportation business referred to in Article 45 (1) by fraud or other improper means; |
| 13. | Any person who continues his, her, or its business operations during the period of suspension of operations referred to in Article 49 (1) or 54; |
| 14. | Any person who is registered for the business of designing and constructing private sewage treatment facilities under Article 51 (1) by fraud or other improper means; |
| 15. | Deleted; <Nov. 14, 2011> |
| 16. | Any person who is registered for the business of managing private sewage treatment facilities under Article 52 (1) or has filed for registration of any change in such registration by fraud or other improper means; |
| 17. | Any person who changes any matter registered without registering such change in accordance with Article 52 (1); |
| 18. | Any person who manufactures and sells any product not conforming to the standards for the structure, specification, materials, and performance of private sewage treatment facilities referred to in Article 52 (3); |
| 19. | Any person who is registered for the business of managing private sewage treatment facilities under Article 53 (1) by fraud or other improper means; |
| 20. | Deleted. <Nov. 14, 2011> |
| Article 78 (Penalty Provisions) |
Any person who collects and transports foul waste in violation of Article 43 (1) shall be punished by a fine not exceeding two million won. [This Article Wholly Amended on Nov. 14, 2011]
| Article 79 (Joint Penalty Provisions) |
If the representative of a corporation, or an agent, an employee, or any other servant of a corporation or individual commits a violation falling under any of Articles 75 through 78 in connection with the affairs of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine under the corresponding provisions: Provided, That this shall not apply where the corporation or individual has not been negligent in exercising due care and supervision in relation to the relevant affairs in order to prevent such violation. [This Article Wholly Amended on Jan. 7, 2009]
| Article 80 (Administrative Fines) |
| (1) | Deleted. <Jun. 8, 2010> |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Nov. 14, 2011; Jan. 5, 2021; Jun. 10, 2022> |
| 1. | Any person who discharges wastewater, in violation of the standards for the effluent water quality; |
| 2. | Any person who fails to conduct a technical diagnosis referred to in Article 20 (1); |
| 3. | Any person who vicariously conducts technical diagnosis, in violation of the proviso of Article 20-2 (1). |
| (3) | Any of the following persons shall be punished by an administrative fine not exceeding three million won: <Newly Inserted on Nov. 14, 2011; Jan. 5, 2021> |
| 1. | Any person who violates standards for installing and managing recycling facilities prescribed by Ordinance of the Ministry of Environment referred to in Article 44 (4); |
| 2. | Any person who fails to employ a technical manager in violation of Article 66 (1). |
| (4) | Any of the following persons shall be punished by an administrative fine not exceeding one million won: <Amended on Jan. 7, 2009; Apr. 5, 2011; Nov. 14, 2011; Feb. 1, 2012; Jul. 16, 2013; Jan. 5, 2021> |
| 1. | Any person who refuses or hinders the access to or use of land in violation of Article 8 (4); |
| 2. | Any person who executes a construction work without obtaining permission from the competent public sewerage management authority under Article 16 (1); |
| 2-2. | Any person who fails to measure, record, or retain, in violation of Article 19 (3); |
| 3. | Any person who is responsible for operation and management of a public sewage treatment plant, simplified public sewage treatment plant, or foul waste treatment plant, but fails to conduct a discharged water quality test or sludge composition test or to retain the records of such test, in violation of Article 19 (4); |
| 3-2. | Any person who fails to comply with the matters to be observed referred to in Article 19-2 (3); |
| 4. | Any person who commits an act that constitutes occupation of a public sewerage system without obtaining permission from the competent public sewerage management authority in accordance with Article 24; |
| 4-2. | Any person who violates an order to take measures issued by the competent public sewerage management authority under Article 26 (1) or (2), or Article 30 (1); |
| 5. | Any person who discharges sewage without installing a drainage system in violation of Article 27 (1); |
| 6. | Deleted; <Jan. 5, 2021> |
| 7. | Any person who uses a specific industrial product in violation of an order issued pursuant to Article 33 (1); |
| 8. | Any person who fails to report in violation of Article 34 (2); |
| 9. | Any person who fails to comply with the standards for closure referred to in Article 34 (5); |
| 10. | Any person who uses a private sewage treatment facility without taking a final inspection under Article 37; |
| 11. | Any person who commissions anyone to install or alter a private sewage treatment facility in violation of Article 38; |
| 12. | Any person who maintains and manages a private sewage treatment facility not in compliance with the standards in violation of Article 39 (2); |
| 13. | Any person who fails to establish an operating organization or report such fact in violation of Article 39 (7); |
| 14. | Any person who fails to collect, transport, or dispose of foul waste in violation of Article 41 (3); |
| 15. | Any person who fails to report in violation of Article 44 (2); |
| 16. | Any person who fails to report any change in accordance with Article 45 (1), 51 (1), 52 (1), or 53 (1), or submits a false report on any change; |
| 17. | Any person who violates the business territory, or any other condition of permission referred to in Article 45 (5); |
| 18. | Any person who receives a fee in violation of Article 47 (1); |
| 19. | Any person who fails to comply with the matters to be observed as a person in the business of collecting and transporting under Article 47 (2); |
| 20. | Any person who fails to comply with the matters to be observed as the operator of business specializing in planning and construction of treatment facilities under Article 51 (5); |
| 21. | Any person who fails to comply with the matters to be observed as a manufacturer of treatment facilities under Article 52 (7); |
| 22. | Any person who fails to comply with the matters to be observed as a person in the business of managing treatment facilities under Article 53 (5); |
| 23. | Any person who fails to report in violation of Article 56; |
| 24. | Any person who fails to comply with matters to be observed as a technical manager under Article 66 (2); |
| 25. | Any person who fails to provide his or her operating personnel, technical personnel, or engineers with opportunities to be trained without good cause in violation of Article 67 (1) or (2); |
| 26. | Any person who fails to keep and retain the records or make a false record in violation of Article 68 (2); |
| 27. | Any person who fails to submit a report or data or submits a false report in violation of Article 69 (1); |
| 28. | Any person who refuses, hinders, or evades an access, inspection, etc. referred to in Article 69 (1) 3 or 4 or (2). |
| (5) | Any of the following persons shall be punished by an administrative fine not exceeding five hundred thousand won: <Amended on Jan. 7, 2009; Nov. 14, 2011; May 26, 2020; Jan. 5, 2021> |
| 1. | Any person who fails to comply with an order for taking measures referred to in Article 23 (2); |
| 2. | Any person who executes a construction work for a drainage system in violation of an order of vicarious execution referred to in Article 27 (2); |
| 3. | Any person who fails to submit a report on installation of a drainage system, etc. referred to in Article 27 (3); |
| 4. | Any person who fails to comply with an order to take measures issued under Article 30 (4); |
| 5. | Any person who refuses, hinders, or evades an inspection of a drainage system, etc. referred to in Article 31; |
| 6. | Any person who refuses or hinders a construction work for a drainage system referred to in Article 32 (3). |
| (6) | Administrative fines referred to in paragraphs (2) through (5) shall be imposed and collected by the Minister of Environment or the head of a local government, as prescribed by Presidential Decree. <Amended on Jan. 7, 2009; Nov. 14, 2011; Jul. 16, 2013> |
| (7) | Deleted. <Jan. 7, 2009> |
| (8) | Deleted. <Jan. 7, 2009> |
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Repealed Act)
Article 3 (Applicable Cases, etc. concerning Reuse of Water Treated by Public Sewage Treatment Plants)
| (1) | Article 21 (1) as amended shall be applicable to the cases of public notice (referring to a public notice under Article 11 (2) as amended), authorization, or permission (hereinafter referred to as "authorization or permission") for installation of a public sewage treatment plant given or granted first pursuant to Article 11 or 16 as amended on the first anniversary of the enforcement date of this Act or thereafter. |
| (2) | Each public sewerage management authority may use the water treated by public sewage treatment plants installed or under construction, or granted an authorization or a permission, before the enforcement of this Act as recycled water or may supply it to the people who need it. In this case, the charge under Article 21 (3) may be imposed. |
Article 4 (General Transitional Measure)
Article 5 (Transitional Measures concerning Installation and Operation of Water Renewal System)
Article 6 (Transitional Measures concerning Businesses Related to Foul Waste, etc.)
| (2) | The persons who holds a license or registered for a management business of wastewater treatment facilities, a planning and construction business of wastewater treatment facilities, or a manufacturing business of wastewater treatment facilities under the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater enforceable as of the time this Act enters into force shall be deemed to have registered a management business of private sewage treatment facilities, a business specializing in planning and construction of private sewage treatment facilities, or a manufacturing business of private sewage treatment facilities respectively in accordance with the relevant provisions of this Act. |
| (3) | The business territory or business target designated or other conditions attached by the head of a Si/Gun/Gu in granting a business license related to excreta, etc. pursuant to the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater shall be deemed as the business territory or business target designated or other conditions attached pursuant to Article 45 (5) as amended. |
Article 7 (Transitional Measure concerning Installation of Public Sewerage System)
Article 8 (Transitional Measure concerning Charges Owed by Burden-Causing Entities)
The charges imposed upon burden-causing entities pursuant to the former provisons of Article 32 (3) and (4) shall be governed by the former provisions, if the time limit for payment expires before the enforcement date of this Act. Article 9 (Transitional Measure concerning Imposition of Penalty Surcharge, and Application of Penalty Provisons and Administrative Fines)
The acts committed before the enforcement of this Act shall be governed by the former provisons in imposition of penalty surcharge and application of penalty provisons and administrative fines.
Article 10 Omitted.
Article 10 (Relationship with Other Statutes and Regulations)
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8957, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9334, Jan. 7, 2009>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9774, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 19 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10335, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation Provided, That ... <Omitted> ... and Article 4 of the Addenda (limited to the part concerning Articles 8-3, and 8-5 through 8-8) shall enter into force on the date falling under the following classifications: | 1. | Seoul Special Metropolitan City, Incheon Metropolitan City, Gyeonggi-do: The date three years have passed since its promulgation; |
| 2. | Gangwon-do and Chungcheongbuk-do: The date prescribed by Presidential Decree after assessing the results of the execution for five years in the area prescribed in subparagraph 1 within the scope not exceeding ten years after its promulgation. |
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10359, Jun. 8, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10552, Apr. 5, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation Provided, That the amended provisions of Articles 15 (2), 45 (5) (excluding the part related to the Governor of a Special Self-Governing Province), subparagraph 3 of Article 48, and Article 80 (3) 17 shall enter into force on the date of its promulgation and the amended provision of Article 56-2 shall enter into force six months after the date of its promulgation. Articles 2 (Applicability)
The amended provisions of Article 74 (6) shall apply to the first entrustment contract concluded after this Act enters into force.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10615, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 11084, Nov. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation Provided, That the amended provisions of subparagraphs 3 and 9-2 of Article 2 and Article 5 (3) 6 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In the application of penalty provisions and administrative fines in relation to the activities conducted before this Act enters into force, the former provisions shall apply.
ADDENDA <Act No. 11264, Feb. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Person Entrusted with Management Business of Public Sewage Treatment Plant)
A person who has been entrusted to manage public sewage treatment plants pursuant to the previous provisions before this Act enters into force shall be deemed a public sewerage management agent referred to in the amended provisions of Article 19-2 (1), and such person shall make registration pursuant to the amended provisions of Article 19-2 (1) 1 within one year after this Act enters into force, or make a report pursuant to the amended provisions of subparagraph 2 of the same paragraph within one month after this Act enters into force.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11915, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the parts related to a simplified public sewage treatment plant in subparagraphs 3 and 6 of Article 2, and the amended provisions in subparagraph 9-2 of Article 2, the main body other than each subparagraph of Article 7 (1), Article 19, Article 25 (2) 1, Article 34-2 and Article 80 (4) 3 shall enter into force one year after the date of its promulgation. Article 2 (Transitional Measures concerning Authorization of Installation of Public Sewerage Systems)
The authorization of the installation of public sewerage systems which the head of a Si/Gun/Gu has acquired from the Minister of the Environment pursuant to the former provisions at the time this Act enters into force shall be deemed to be the authorization of installation in accordance with the amended provisions of Article 11. Article 3 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12466, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12738, Jun. 3, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended part of an Act which was promulgated before the enforcement of this Act, but the date on which it enters into force has not yet arrived, among the Acts amended by Article 6 of the Addenda, shall enter into force on the enforcement date of the relevant Act, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13171, Feb. 3, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Disqualification of Incompetent Persons, etc.)
Persons under adult guardianship or limited guardianship provided for in the amended provisions of subparagraph 1 of Article 19-3, subparagraph 1 of Article 20-3, and subparagraph 1 of Article 48 shall be deemed to include persons for whom a declaration of incompetence or quasi-competence remains valid in accordance with Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 13888, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 5 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15843, Oct. 16, 2018>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17852, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 13, 20-3, 46, subparagraph 4 of Article 48, Articles 54, 61, 62, 68-2, 69, 72 through 74, and 80 (4) 28 shall enter into force on the date of promulgation thereof, and the amended provisions of Articles 34, 39, 40, 44, 45, 49, 76, subparagraph 11 of Article 77, and Article 80 (3) 1 and (4) 9 and 13 shall enter into force six months after the date of promulgation thereof. Article 2 (Applicability to Formulation of Basin Sewerage Maintenance Plans and Framework Plans for Sewerage Maintenance)
| (1) | The amended provision of the proviso of Article 4-2 (3) shall begin to apply where a basin sewerage maintenance plan is formulated or revised after this Act enters into force. |
| (2) | The amended provision of the proviso of Article 5 (3) shall begin to apply where a framework plan for sewerage maintenance is formulated or revised after this Act enters into force. |
Article 3 (Applicability concerning Compensation for Use of Underground Part of Land)
The amended provisions of Article 10-2 shall begin to apply where the underground portion of land is used for installing a public sewerage system after this Act enters into force. Article 4 (Applicability concerning Duration of Divided Surface Right)
The amended provision of Article 10-3 (4) shall begin to apply where a person establishes or transfers divided surface right with regard to the use of the underground portion of the land of another to install a public sewerage system after this Act enters into force. Article 5 (Applicability to Succession to Status of Managing Agent or Specialized Technical Diagnostic Institute)
The amended provisions of Articles 19-6 and 21 shall begin to apply where any of the causes of succession to the status occurs on or after the date this Act enters into force. Article 6 (Applicability to Reporting on Installation of Drainage System)
The amended provisions of Article 27 (7) and (8) shall begin to apply where reporting on the installation of a drainage system under paragraph (3) of that Article, reporting on the inflow of sewage under the former part of paragraph (4) of that Article, reporting on alteration under the amended provisions of the latter part of that Article, or reporting under the amended provisions of paragraph (6) of that Article is made on or after this Act enters into force. Article 7 (Applicability to Reporting on Establishment of Organization for Operating Private Sewage Treatment Facilities)
The amended provisions of Article 39 (8) 9 shall begin to apply where a reporting on the establishment of an organization for operating private sewage treatment facilities or reporting on change is filed on or after the enforcement date prescribed in the proviso to Article 1 of the Addenda. Article 8 (Applicability to Use Fees, etc. and Other Additional Charges)
The amended provisions of Article 73 shall begin to apply where use fees, etc. are imposed on or after the enforcement date under the proviso of Article 1 of the Addenda. Article 9 Omitted.
ADDENDA <Act No. 18284, Jun. 15, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 18310, Jul. 20, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 18914, Jun. 10, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Outsourcing of Technical Diagnoses)
The amended provisions of Article 20-2 (1) shall begin to apply to technical diagnosis conducted by the Corporation or specialized technical diagnostic institutes on or after the date this Act enters into force.