ENFORCEMENT DECREE OF THE SOIL ENVIRONMENT CONSERVATION ACT
Presidential Decree No. 14848, Dec. 29, 1995
Amended by Presidential Decree No. 16058, Dec. 31, 1998
Presidential Decree No. 17432, Dec. 19, 2001
Presidential Decree No. 17698, Aug. 8, 2002
Presidential Decree No. 17816, Dec. 26, 2002
Presidential Decree No. 18213, Jan. 9, 2004
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18910, jun. 30, 2005
Presidential Decree No. 18953, Jul. 22, 2005
Presidential Decree No. 20297, Sep. 28, 2007
Presidential Decree No. 21078, Oct. 8, 2008
Presidential Decree No. 21542, jun. 16, 2009
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 23196, Sep. 30, 2011
Presidential Decree No. 23529, Jan. 25, 2012
Presidential Decree No. 24566, May 31, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 26160, Mar. 24, 2015
Presidential Decree No. 26774, Dec. 30, 2015
Presidential Decree No. 27299, jun. 30, 2016
Presidential Decree No. 27636, Nov. 29, 2016
Presidential Decree No. 27767, Jan. 6, 2017
Presidential Decree No. 29292, Nov. 20, 2018
Presidential Decree No. 29972, Jul. 9, 2019
Presidential Decree No. 30848, Jul. 14, 2020
Presidential Decree No. 31380, Jan. 5, 2021
The purpose of this Decree is to provide matters mandated by the Soil Environment Conservation Act and those necessary to enforce said Act. <Amended on Jun. 30, 2005>
| Article 2 Deleted. <Dec. 19, 2001> |
| Article 3 Deleted. <Dec. 19, 2001> |
| Article 4 (Methods of Formulating Basic Plans and Regional Plans) |
| (1) | Where deemed necessary to formulate a basic plan for soil conservation (hereinafter referred to as "basic plan") under Article 4 (1) of the Soil Environment Conservation Act (hereinafter referred to as the "Act"), the Minister of Environment may request the heads of the relevant central administrative agencies, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") and the heads of the relevant agencies or organizations to submit data necessary to formulate the basic plan. <Amended on Jun. 30, 2005; Sep. 30, 2011; Nov. 20, 2018> |
| (2) | Where the Minister of Environment has formulated a basic plan or has approved a regional soil conservation plan (hereinafter referred to as "regional plan") under Article 4 (4) of the Act, he or she shall, without delay, notify the heads of the relevant administrative agencies thereof and the heads of the relevant administrative agencies who have been thus notified shall take measures necessary to implement the basic plan or regional plan, unless there is a compelling reason not to do so. |
| Article 5 (Compensation for Loss) |
| (1) | The amount of compensation for loss as provided in Article 9 (1) of the Act shall be determined in consideration of the transaction price, rent, profitability, etc. of the land, buildings, standing timber, earth and rocks, and other constructions concerned. |
| (2) | Any person who intends to claim for compensation for loss in accordance with Article 9 (2) of the Act shall submit to the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu (Gu refers to an autonomous Gu; hereinafter the same shall apply), or the head of a soil-related specialized agency provided for in Article 23-2 of the Act (hereinafter referred to as "soil-related specialized agency") a written claim for compensation for loss stating the following accompanied by documents evidencing the loss: <Amended on Dec. 19, 2001; Jun. 30, 2005; Dec. 30, 2015> |
| 1. | The name, birth date, and address of the claimant; |
| 2. | The date when and place where the loss occurred; |
| 3. | The details of the loss; |
| 4. | The amount of the loss and the method of assessing it. |
| (3) | Upon receiving a written claim for compensation for loss as provided in paragraph (2), the Minister of Environment, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a soil-related specialized agency shall, without delay, notify the claimant of the following matters: <Amended on Dec. 19, 2001; Jun. 30, 2005> |
| 1. | The period and method of consultation; |
| 2. | The time, method, and procedures of compensation. |
| (4) | Any person who intends to apply for adjudication to a Land Tribunal in accordance with Article 9 (4) of the Act shall submit a written application for adjudication stating the following to the competent Land Tribunal: |
| 1. | The name and address of the applicant for adjudication and of the adverse party; |
| 2. | Kinds of the business involved; |
| 3. | The fact that the loss has been incurred; |
| 4. | The particulars with respect to the amount of compensation for the loss as determined by the disposition authority and the amount as claimed by the applicant for compensation for the loss; |
| 5. | The details of the consultation. |
| (5) | Deleted. <Dec. 19, 2001> |
| Article 5-2 (Soil Environment Assessments) |
| (1) | A soil environment assessment under Article 10-2 of the Act shall be conducted in the order of a basic survey, an overall survey, and a detailed survey as classified in the following; but when only the basic survey or overall survey is enough to confirm that the relevant site subject to the assessment has not been contaminated, the next survey may be omitted to close the soil environment assessment: <Amended on May 31, 2013> |
| 1. | A basic survey: A survey on the probability of soil contamination by means of data research, field research, etc.; |
| 2. | An overall survey: A survey on whether the soil is contaminated by means of collecting and analyzing soil samples; |
| 3. | A detailed survey: A survey on the severity and scope of soil contamination by means of collecting and analyzing soil samples. |
| (2) | Details of procedures and methods for soil environment assessments shall be determined and publicly notified by the Minister of Environment. |
[This Article Newly Inserted on Sep. 30, 2011]
[Previous Article 5-2 moved to Article 5-3 <Sep. 30, 2011>]
| Article 5-3 (Orders for Soil Remediation Issued to at Least Two Persons Responsible for Remediation) |
| (1) | In accordance with Article 10-4 (3) of the Act, where there exists at least two persons responsible for remediation under Article 10-4 (1) of the Act (hereinafter referred to as “person responsible for remediation”), a Mayor/Do Governor or the head of a Si/Gun/Gu shall order them to conduct detailed soil surveys, to remediate contaminated soil, or to implement projects for improving contaminated soil pursuant to Article 11 (3), 14 (1), 15 (1) or (3), or 19 (1) of the Act (hereinafter referred to as “soil remediation, etc.”), in accordance with the following order: |
| 1. | A person responsible for remediation under Article 10-4 (1) 1 of the Act and a person who has universally succeeded to the rights and obligations thereof; |
| 2. | An occupant or an operator of facilities subject to the control of soil contamination, among persons responsible for remediation under Article 10-4 (1) 2 of the Act, and a person who has universally succeeded to the rights and obligations thereof; |
| 3. | An owner of facilities subject to the control of soil contamination, among persons responsible for remediation under Article 10-4 (1) 2 of the Act, and a person who has universally succeeded to the rights and obligations thereof; |
| 4. | A person who currently owns or occupies land where soil contamination has taken place, among persons responsible for remediation under Article 10-4 (1) 4 of the Act; |
| 5. | A person who has owned land where soil contamination took place, among persons responsible for remediation under Article 10-4 (1) 4 of the Act. |
| (2) | Notwithstanding paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may issue an order for soil remediation, etc. to a person responsible for remediation lower in the order of precedence prescribed in the subparagraphs of paragraph (1) ahead of a person responsible for remediation higher in the order of precedence, in any of the following cases: |
| 1. | Where it is impossible to identify a person responsible for remediation higher in the order of precedence because his or her address is unknown or due to other reasons; |
| 2. | Where it is found that the relevant soil contamination is significantly less attributable to a person responsible for remediation higher in the order of precedence than a person responsible for remediation lower in the order of precedence; |
| 3. | Where it is found impossible to conduct soil remediation, etc. as the remediation expenses to be borne by a person responsible for remediation higher in the order of precedence significantly exceed the value of his or her own property; |
| 4. | Where a person responsible for remediation lower in the order of precedence raises an objection or, fails to cooperate in, soil remediation, etc. conducted by a person responsible for remediation higher in the order of precedence; |
| 5. | Where a person responsible for remediation lower in the order of precedence fails to cooperate in inspections or other measures necessary to verify a person responsible for remediation higher in the order of precedence. |
| (3) | Where it is difficult to determine a person responsible for remediation to be ordered to conduct soil remediation, etc. pursuant to paragraph (1) or (2), a Mayor/Do Governor or the head of a Si/Gun/Gu may order at least two persons responsible for remediation jointly to conduct soil remediation, etc. after seeking advice from the Soil Remediation Advisory Committee under Article 10-9 of the Act (hereinafter referred to as the “Committee”) on the selection of persons responsible for remediation, a portion of soil remediation, etc. conducted by each person responsible for remediation, and other matters. |
| (4) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu seeks advice from the Committee referred to in Article 10-4 (3) of the Act, he or she shall submit data necessary for advice to the Committee. |
[This Article Newly Inserted on Mar. 24, 2015]
[Previous Article 5-3 moved to Article 5-8 <Mar. 24, 2015>]
| Article 5-4 (Subsidization of Soil Remediation) |
| (1) | Where the Minister of Environment intends to subsidize soil remediation, etc. under Article 10-4 (5) of the Act, he or she shall determine whether to provide a subsidy, the amount of the subsidy, the method of subsidization, etc. upon receipt of a request from the Mayor/Do Governor or the head of the Si/Gun/Gu who has issued an order for soil remediation, etc., and notify the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu thereof. <Amended on Nov. 20, 2018> |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to subsidize soil remediation, etc. pursuant to Article 10-4 (5) of the Act, he or she may request the Minister of Environment to examine whether the soil remediation, etc. is eligible for the subsidy, the amount of the subsidy, etc. <Newly Inserted on Nov. 20, 2018> |
| (3) | The Minister of Environment may request the Korea Environment Corporation established under the Korea Environment Corporation Act (hereinafter referred to as the “Korea Environment Corporation”) to examine technical matters related to the subsidization under paragraphs (1) and (2). <Newly Inserted on Nov. 20, 2018> |
| (4) | Except as provided in paragraphs (1) through (3), detailed matters necessary for subsidization, such as procedures, shall be determined and publicly notified by the Minister of Environment. <Amended on Nov. 20, 2018> |
| 1. | Where expenses incurred by a person who acquired land on or before December 31, 2001 and transferred the land or ceased to own it on other grounds on or after January 1, 2002 in soil remediation, etc. as a person responsible for remediation referred to in Article 10-4 (1) 4 of the Act, exceed the value of the relevant land; |
| 2. | Where expenses incurred by a person who acquired land on or after January 1, 2002 and transferred the land or ceased to own it on other grounds thereafter in soil remediation, etc. as a person responsible for remediation referred to in Article 10-4 (1) 4 of the Act, substantially exceed the value of the relevant land and the profits generated from owning or occupying it. |
[This Article Newly Inserted on Mar. 24, 2015]
| Article 5-5 (Composition and Operation of Committee) |
| (1) | The chairperson of the Committee shall be appointed or commissioned by the Minister of Environment from among its members; and members shall be appointed or commissioned by the Minister of Environment from among the following persons with abundant knowledge and experience in the field related to the soil environment in consideration of gender equality: <Amended on Nov. 20, 2018> |
| 1. | A person who has engaged in affairs related to the soil environment for at least 10 years; |
| 3. | A person who has at least five-year work experience as a lawyer; |
| 4. | The relevant public official; |
| 5. | A person recommended by a civic and social organization. |
| (2) | The Committee shall have an executive secretary to handle the affairs of the Committee, and the executive secretary shall be appointed by the Minister of Environment from among public officials of the Ministry of Environment. |
| (3) | The term of office of each Committee member commissioned shall be two years. |
| (4) | The chairperson shall represent the Committee and exercise overall control over its affairs. |
| (5) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (6) | The Committee may have specialized committees by field to research and examine advisory matters professionally and may request the Korea Environment Corporation to examine technical matters related to advice, if necessary. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition, operation, etc. of the Committee shall be determined by the chairperson following the resolution made by the Committee. |
[This Article Newly Inserted on Mar. 24, 2015]
| Article 5-6 (Operation of Soil Environment Center) |
| (1) | The head of the Soil Environment Center under Article 10-10 of the Act (hereinafter referred to as the “Soil Environment Center”) shall submit its business operation plan for the following year with respect to the performance of the affairs prescribed in the subparagraphs of Article 10-10 (1) of the Act and its budget necessary therefor to the Minister of Environment by December 15 every year. |
| (2) | The head of the Soil Environment Center shall submit its business operation report for the relevant year to the Minister of Environment by January 31 of the following year. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the operation and supervision of the Soil Environment Center shall be prescribed by the Minister of Environment. |
[This Article Newly Inserted on Mar. 24, 2015]
| Article 5-7 (Entrustment of Operation of Soil Environment Center) |
The Minister of Environment shall entrust the following affairs to the Korean Environmental Industry and Technology Institute under the Environmental Industry and Technology Institute Act in accordance with Article 10-10 (3) of the Act: <Amended on Nov. 29, 2016; Nov. 20, 2018> | 1. | Affairs of the Soil Environment Center regarding research and the development and utilization of technology related to the soil environmental industry under Article 10-10 (1) 1 of the Act; |
| 2. | Affairs of the Soil Environment Center regarding dissemination of technology related to soil conservation, promotion of its commercialization, and support for its expansion into overseas markets under Article 10-10 (1) 2 of the Act; |
| 3. | Affairs of the Soil Environment Center regarding the collection and utilization of, and education, publicity, and international cooperation on, the information related to the soil environmental industry under Article 10-10 (1) 3 of the Act; |
[This Article Newly Inserted on Mar. 24, 2015]
| Article 5-8 (Orders to Conduct Detailed Soil Surveys) |
| (1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu orders a person responsible for remediation to conduct a detailed soil survey under Article 11 (3) of the Act, he or she shall determine the period for compliance with such order not exceeding six months, taking into consideration the scope, etc. of an area with contaminated soil: Provided, That such period may be extended by up to six months only once if the person has difficulty in completing the survey within the period due to unavoidable circumstances, such as the size of the area to be surveyed. <Amended on Sep. 30, 2011; Mar. 24, 2015; Nov. 20, 2018; Jan. 5, 2021> |
| (2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu orders a person responsible for remediation to take measures to remediate contaminated soil (referring to the soil whose level of contamination exceeds a worrisome level of soil contamination prescribed in Article 4-2 of the Act; hereinafter the same shall apply) pursuant to Article 11 (3) of the Act, he or she shall determine the period for compliance with such order not exceeding two years, taking into consideration the scale, etc. of soil contamination: Provided, That such period may be extended by up to one year once or twice if the person has difficulty in complying with an order to take measures for remediation within the period due to unavoidable circumstances, such as the scale of remediation work and methods of remediation. <Amended on Sep. 30, 2011; Mar. 24, 2015; Nov. 20, 2018; Jan. 5, 2021> |
[This Article Newly Inserted on Jun. 30, 2005]
[Moved from Article 5-3 <Mar. 24, 2015>]
| Article 6 (Reporting on Specified Facilities Subject to Control of Soil Contamination) |
| (1) | Any person who intends to file a report on the installation of specified facilities subject to the control of soil contamination under Article 12 (1) of the Act shall submit a report on the installation of specified facilities subject to the control of soil contamination to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, accompanied by the following documents: Provided, That in cases of oil storage facilities installed for military use under subparagraph 1 (c) of Article 2 of the Act on National Defense and Military Installations Projects, submission of some documents to be accompanied may be exempted or some matters to be entered in such documents may be omitted, as prescribed by Ordinance of the Ministry of Environment: <Amended on Jun. 30, 2005; Jun. 16, 2009; Sep. 30, 2011; Jan. 25, 2012; Nov. 20, 2018> |
| 1. | Drawings showing the locations, structures, and installations of the specified facilities subject to the control of soil contamination; |
| 3. | Other documents on matters deemed necessary by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu for the prevention of soil contamination. |
| (2) | Any person who intends to file a report on changes to specified facilities subject to the control of soil contamination (including the closure of such facilities) pursuant to the latter part of Article 12 (1) of the Act shall submit a report on changes to the installation (or closure) of specified facilities subject to the control of soil contamination to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, accompanied by a statement detailing the changes (or closure). <Amended on Jun. 30, 2005; Sep. 30, 2011; Nov. 20, 2018> |
[This Article Wholly Amended on Dec. 19, 2001]
[Title Amended on Jun. 30, 2005]
| Article 7 (Installation of Facilities for Preventing Soil Contamination in Specified Facilities Subject to Control of Soil Contamination) |
| (1) | Any installer of specified facilities subject to the control of soil contamination (including any operator of such facilities; hereinafter the same shall apply) shall install the following facilities for preventing soil contamination by each specified facility subject to the control of soil contamination, and maintain and manage them properly, as prescribed in Article 12 (3) of the Act: <Amended on Dec. 19, 2001; Jun. 30, 2005; Sep. 30, 2011> |
| 1. | To use anti-corrosive and anti-oxidizing coatings for the specified facilities subject to the control of soil contamination, utilize materials that have leakage-prevention performance or install facilities for preventing leakage, such as dual wall tanks, in order to prevent the leakage of soil contaminants, and maintain and manage those facilities properly; |
| 2. | To install facilities that can detect the leakage of soil contaminants or can identify whether soil contaminants are leaking, such as measuring instruments, and maintain and manage those facilities properly where, among the specified facilities subject to the control of soil contamination, storage facilities are laid underground; |
| 3. | To install facilities necessary for measures to prevent diffusion of contamination or to reduce toxicity, and maintain and manage those facilities properly, in preparation for possible leakage of soil contaminants from the specified facilities subject to the control of soil contamination. |
| (2) | Standards for installation, maintenance, and management of facilities for preventing soil contamination under paragraph (1) and other necessary matters shall be publicly notified by the Minister of Environment after consultation with the head of the relevant central administrative agency. <Amended on Dec. 19, 2001; May 31, 2013> |
[Title Amended on Dec. 19, 2001; Jun. 30, 2005]
| Article 7-2 (Recommendation and Support for Installation of Facilities Effective in Prevention of Soil Contamination) |
| (1) | With regard to installing, maintaining, and managing the facilities for preventing soil contamination under each subparagraph of Article 7 (1), the Minister of Environment may recommend any person who intends to install specified facilities subject to the control of soil contamination that he or she should install, maintain, and manage facilities in compliance with the standards for installation, maintenance, and management prescribed by Ordinance of the Ministry of Environment, which are more effective standards in proactively preventing and preventing diffusion of soil contamination than the standards publicly notified under paragraph (2) of the same Article. |
| (2) | Where facilities for preventing soil contamination are installed, maintained, and managed in compliance with the standards for installation, maintenance, and management recommended under paragraph (1) (hereinafter referred to as “recommended standards for installation, maintenance, and management”), such facilities shall be deemed to meet the standards for installation, maintenance, and management publicly notified under Article 7 (2). |
| (3) | The Minister of Environment may provide administrative and financial support to installers of specified facilities subject to the control of soil contamination, who install, maintain, and manage facilities in compliance with the recommended standards for installation, maintenance, and management under paragraph (1). |
[This Article Newly Inserted on May 31, 2013]
| Article 8 (Soil Contamination Inspections of Specified Facilities Subject to Control of Soil Contamination) |
| (1) | Any installer of specified facilities subject to the control of soil contamination shall undergo a soil contamination inspection on a regular basis under Article 13 (1) of the Act according to the following classifications: Provided, That where an inspection of soil contamination levels under subparagraph 1 and a leakage inspection under subparagraph 2 shall be conducted in the same year, he or she may undergo an inspection of soil contamination levels in the following year: <Amended on Sep. 30, 2011> |
| 1. | The installer shall undergo an inspection of soil contamination levels conducted by a soil-related specialized agency once a year at the time prescribed by Ordinance of the Ministry of Environment: Provided, That where he or she has installed the facilities for preventing soil contamination under Article 7 and is maintaining and managing them properly, an inspection cycle may be adjusted by up to five years according to the standards prescribed by Ordinance of the Ministry of Environment; |
| 2. | Where 10 years have passed after the installation of the specified facilities subject to the control of soil contamination falling under the proviso of Article 13 (3) of the Act (excluding facilities subject to regular inspections under Article 17 of the Enforcement Decree of the Act on the Safety Control of Hazardous Substances; hereinafter referred to as "facilities subject to a leakage inspection"), the installer shall undergo a leakage inspection conducted by a soil-related specialized agency within six months, and undergo a leakage inspection as prescribed by Ordinance of the Ministry of Environment thereafter. |
| (2) | Any installer of specified facilities subject to the control of soil contamination shall undergo the following inspections conducted by a soil-related specialized agency in addition to a soil contamination inspection under paragraph (1): Provided, That the same shall not apply where a reason falling under any of subparagraphs 1 through 3 arises within three months after he or she has undergone an inspection of soil contamination levels under paragraph (1) 1: <Amended on Jun. 30, 2016> |
| 1. | Where the installer of the specified facilities subject to the control of soil contamination terminates the use of such facilities or closes such facilities, he or she shall undergo an inspection of soil contamination levels during the period from three months prior to the termination date or closing date to the preceding date of the termination date or closing date; |
| 2. | Where any operator of the specified facilities subject to the control of soil contamination is changed due to transfer, lease, etc. of such facilities, the installer shall undergo an inspection of soil contamination levels during the period from three months prior to the date of such change to the preceding date of the date of such change; |
| 3. | Where the installer of the specified facilities subject to the control of soil contamination replaces the facilities or changes the types of soil contaminants stored in the facilities, he or she shall undergo an inspection of soil contamination levels during the period from three months prior to the date of replacement or change to the preceding date of the date of replacement or change; |
| 4. | In cases of facilities subject to a leakage inspection, where any of the following inspections of soil contamination levels verifies that the soil is contaminated beyond the levels prescribed by Ordinance of the Ministry of Environment, the installer shall undergo a leakage inspection without delay: |
| (a) | An inspection of soil contamination levels under paragraph (1) 1 or 2; |
| (b) | An inspection of soil contamination levels following change in the types of soil contaminants stored in the specified facilities subject to the control of soil contamination under subparagraph 3; |
| 5. | Where the installer of specified facilities subject to the control of soil contamination becomes aware of the fact that soil contaminants have been leaked from the facilities, he or she shall undergo an inspection of soil contamination levels and a leakage inspection (limited to facilities subject to a leakage inspection) without delay. |
| (3) | Where any installer of specified facilities subject to the control of soil contamination has undergone an inspection of soil contamination levels under paragraph (2) 1 through 3 or 5, he or she shall be deemed to have undergone the next inspection of soil contamination levels under paragraph (1) 1, and where the installer has undergone a leakage inspection under paragraph (2) 4 or 5, he or she shall undergo a leakage inspection under paragraph (1) 2 as at the date he or she has undergone such inspection. |
| (4) | Even in cases falling under any of paragraph (2) 1 through 3, where any installer of specified facilities subject to the control of soil contamination has undergone an inspection under subparagraph 5 of the same paragraph within the relevant inspection period, he or she need not undergo any separate soil contamination inspection. |
| (5) | Matters necessary for items of soil contamination inspections shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended on Jun. 16, 2009]
| Article 8-2 (Exemption from Soil Contamination Inspections) |
| (1) | Cases where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may approve exemption from soil contamination inspections of specified facilities subject to the control of soil contamination pursuant to the proviso of Article 13 (1) of the Act shall be as follows: <Amended on Sep. 30, 2011; May 31, 2013; Nov. 20, 2018> |
| 1. | Where oil pipelines under subparagraph 2 of Article 2 of the Oil Pipeline Safety Control Act among specified facilities subject to the control of soil contamination are fitted with any device with which the leakage of oil can be identified (limited to an inspection of soil contamination levels) or a safety inspection under Article 8 of the same Act (limited to a leakage inspection) is conducted for such oil pipelines; |
| 2. | Where a soil contamination survey agency deems it impossible to take a soil sample due to the relevant facilities installed on the ground, in the basement of a building, etc. where soil boring cannot be conducted; |
| 3. | Where a soil-related specialized agency deems it unnecessary to conduct a soil contamination inspection because soil contaminants have not been stored in storage facilities for at least one year or on other grounds; |
| 4. | Where the use of some of multiple facilities storing the same type of soil contaminants is terminated or some of such facilities are .closed (limited to an inspection of soil contamination levels under Article 8 (2) 1); |
| 4-2. | Where not more than 15 years have passed from the date when facilities for preventing soil contamination were installed in compliance with the recommended standards for installation, maintenance, and management (limited to a regular inspection of soil contamination under Article 8 (1)); |
| 5. | Where soil contaminants stored in the facilities are to be changed to another type of soil contaminants with the same inspection items under Article 8 (5) (limited to an inspection of soil contamination levels under Article 8 (2) 3); |
| 6. | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it unnecessary to conduct a soil contamination inspection because remediation is being conducted upon receipt of an order for soil remediation. |
| (2) | In the cases of paragraph (1) 1, 4, 5 and 6, an applicant for approval for exemption from soil contamination inspections need not attach the opinion of soil-related specialized agencies under the proviso of Article 13 (2) of the Act. <Amended on Nov. 20, 2018> |
| (3) | Where a specified facility subject to the control of soil contamination referred to in paragraph (1) 1 extends over at least two jurisdictional areas of the Special Self-Governing City Mayor and the heads of Sis/Guns/Gus, the Special Self-Governing City Mayor or the head of the Si/Gun/Gu who has jurisdiction over the area in which the main facility is installed shall grant approval for exemption from a soil contamination inspection. <Amended on Nov. 20, 2018> |
| (4) | Where a specified facility subject to the control of soil contamination exempted from a soil contamination inspection is no longer eligible for such exemption, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall, without delay, withdraw approval for such exemption. <Amended on Sep. 30, 2011; Nov. 20, 2018> |
[This Article Newly Inserted on Jun. 30, 2005]
[Previous Article 8-2 moved to Article 8-3 <Jun. 30, 2005>]
| Article 8-3 (Corrective Orders) |
| (1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu orders an installer of specified facilities subject to the control of soil contamination to install or improve facilities for preventing soil contamination, or to undergo a detailed soil survey pursuant to Article 14 (1) of the Act, he or she shall determine the period for compliance with such order not exceeding six months in consideration of the results of a soil contamination inspection conducted under Article 8 and the type, scale, etc. of the specified facilities subject to the control of soil contamination: Provided, That such period may be extended by up to six months only once if the installer has difficulty in complying with the order within the period due to unavoidable circumstances, such as the size of the area to be surveyed. <Amended on Sep. 30, 2011; Nov. 20, 2018; Jan. 5, 2021> |
| (2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu orders an installer of specified facilities subject to the control of soil contamination to take measures to remediate contaminated soil pursuant to Article 14 (1) of the Act, he or she shall determine the period for compliance with such order not exceeding two years: Provided, That such period may be extended by up to one year once or twice if the installer has difficulty in complying with the order for remediation measures within the period due to unavoidable circumstances, such as the scale of remediation work, methods of remediation, etc. <Amended on Sep. 30, 2011; Nov. 20, 2018> |
[This Article Wholly Amended on Jun. 16, 2009]
| Article 9 (Orders to Undergo Detailed Soil Surveys) |
Where a Mayor/Do Governor or the head of a Si/Gun/Gu orders a person responsible for remediation to undergo a detailed soil survey under Article 15 (1) of the Act, he or she shall determine the period for compliance with such order not exceeding six months, taking into account the size of the area with contaminated soil, etc.: Provided, That such period may be extended by up to six months only once if the person has difficulty in undergoing a detailed soil survey within the period due to unavoidable circumstances, such as the size of the area to be surveyed. <Amended on Jan. 5, 2021> [This Article Wholly Amended on Nov. 20, 2018]
| Article 9-2 (Orders to Take Measures) |
| (1) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu orders a person responsible for remediation to take measures for the prevention of soil contamination under Article 15 (3) of the Act (hereinafter referred to as "order to take measures"), he or she shall determine the period for compliance with such order not exceeding two years, taking into account soil contaminants and the type, size, etc. of facilities. <Amended on Jun. 30, 2005; Mar. 24, 2015; Nov. 20, 2018; Jan. 5, 2021> |
| (2) | With respect to any person who has unavoidable difficulty in complying with an order to take measures within the compliance period referred to in paragraph (1) due to the size, method, etc. of construction, a Mayor/Do Governor or the head of a Si/Gun/Gu may extend such compliance period by up to one year once or twice. <Amended on Jun. 30, 2005; Jun. 16, 2009; Nov. 20, 2018> |
[This Article Newly Inserted on Dec. 19, 2001]
| Article 10 (Levels and Methods of Remediating Contaminated Soil) |
| (2) | The methods of remediating contaminated soil under Article 15-3 (1) of the Act shall be as follows: <Amended on Jun. 30, 2005; Sep. 30, 2011> |
| 1. | Biological treatment, including decomposition and absorption of contaminants, using microorganisms or plants; |
| 2. | Physical and chemical treatment, including isolation, separation, extraction, and cleansing treatment of contaminants; |
| 3. | Heat treatment, including burning and decomposition of contaminants. |
| (3) | Detailed matters concerning the methods of remediation under each subparagraph of paragraph (2) shall be prescribed and publicly notified by the Minister of Environment. <Amended on Jun. 30, 2005> |
[This Article Wholly Amended on Dec. 19, 2001]
[Title Amended on Jun. 30, 2005]
| Article 11 (Remediation Conducted Directly by Persons Responsible for Remediation) |
With respect to any of the following contaminated soil, a person responsible for remediation may directly remediate such contaminated soil without entrusting remediation to a person who has filed for registration of soil remediation business (hereinafter referred to as "soil remediation business entity") under Article 23-7 (1) of the Act, pursuant to the proviso of Article 15-3 (2) of the Act: <Amended on Mar. 24, 2015> | 2. | Soil contaminated by organic solvents or oil, which is less than 5 cubic meters in quantity. |
[This Article Newly Inserted on Jun. 30, 2005]
[Title Amended on Mar. 24, 2015]
| Article 11-2 (Risk Assessments) |
| 1. | To prove that the concentration of the relevant contaminant in the relevant site is similar to that in the neighboring area measured from a soil analysis; |
| 2. | To prove that the relevant contaminant has come from the bed rock in the relevant site; |
| 3. | To prove otherwise by scientific methods that the relevant contaminant has originated from natural causes. |
| (2) | Where a Mayor/Do Governor, the head of a Si/Gun/Gu, or a person responsible for remediation intends to conduct a risk assessment pursuant to Article 15-5 (2) 4 of the Act, he or she shall submit, to the Minister of Environment, a report prepared by a soil-related specialized agency concerning matters under each subparagraph of paragraph (1). <Amended on Mar. 24, 2015> |
| (3) | The Minister of Environment shall confirm the report submitted under paragraph (2) and notify the relevant Mayor/Do Governor, the head of the relevant Si/Gun/Gu, or the relevant person responsible for remediation of the results thereof, including whether the soil contamination has occurred due to natural causes. <Amended on Mar. 24, 2015> |
| (4) | "Cases prescribed by Presidential Decree" in Article 15-5 (2) 5 of the Act means cases in which contaminated soil (limited to where the State, local governments, or public institutions under Article 4 of the Act on the Management of Public Institutions are responsible for remediation) under facilities, such as roads, railroads, and buildings, is to be remediated and which are acknowledged by the Minister of Environment as being in need of risk assessment as prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Nov. 20, 2018> |
| (5) | Matters concerning the scope of facilities and standards for acknowledgement under paragraph (4) shall be determined and publicly notified by the Minister of Environment. <Newly Inserted on Nov. 20, 2018> |
[This Article Newly Inserted on Sep. 30, 2011]
[Title Amended on Nov. 20, 2018]
[Previous Article 11-2 moved to Article 11-3 <Sep. 30, 2011>]
| Article 11-3 (Omission of Verification of Remediation Process) |
Where the volume of contaminated soil is less than 1,000 cubic meters [excluding soil contaminated with heavy metals, the contamination level of which exceeds the levels requiring soil contamination measures under Article 16 of the Act (hereinafter referred to as "levels requiring measures") and which is at least 500 cubic meters in volume], under the proviso of Article 15-6 (1) of the Act, verification of the remediation process may be omitted. [This Article Newly Inserted on Jun. 30, 2005]
[Moved from Article 11-2 <Sep. 30, 2011>]
| Article 11-4 (Formulation of Plans for Developing Soil Control Complexes) |
The Minister of Environment shall include the following matters when formulating a plan for developing a soil control complex under Article 15-7 (2) of the Act: | 1. | Purposes and necessity of development, and the period of development and operation; |
| 2. | Current situation of the site to be developed into the complex, including its location and size; |
| 3. | Measures to secure the site to be developed into the complex; |
| 4. | Methods of securing funds and financing for development of the complex; |
| 5. | Plans to establish and operate major infrastructure, including transportation facilities; |
| 6. | Plans for environment conservation; |
| 7. | Contaminated soil remediation capacity; |
| 8. | Matters concerning the recycling and distribution of remediated soil. |
[This Article Newly Inserted on Sep. 30, 2011]
| Article 11-5 (Changes in Plans for Developing Soil Control Complexes) |
“Where any change is to be made to the important matters that are included in a plan for developing a soil control complex and that are prescribed by Presidential Decree” in the latter part of Article 15-7 (2) of the Act means any of the following cases: | 1. | Where more than 20 percent of the area of the site to be developed into the complex is to be changed; |
| 2. | Where more than 20 percent of the contaminated soil remediation capacity is to be changed. |
[This Article Newly Inserted on Sep. 30, 2011]
| Article 12 (Designation of Areas Requiring Soil Conservation Measures) |
| (1) | "Area that falls under the cases prescribed by Presidential Decree" in the proviso of Article 17 (1) of the Act means the following: <Newly Inserted on Jun. 30, 2005> |
| 1. | Farmland in which the area for cultivating crops containing contaminants in excess of the maximum residue limit for heavy metal (hereinafter referred to as "maximum residue limit of heavy metal") under Article 7 of the Food Sanitation Act is at least 10,000 square meters; |
| 2. | An area requiring special measures to prevent any damage to human health or any risk to the environment because the soil, underground water, etc. is simultaneously contaminated with soil contaminants, such as heavy metals and oil. |
| (2) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests the Minister of Environment to designate an area requiring soil conservation measures pursuant to Article 17 (2) of the Act, he or she shall file a written application for designation of an area requiring soil conservation measures with the Minister of Environment. <Amended on Jun. 30, 2005; Jun. 16, 2009; Sep. 30, 2011; Nov. 20, 2018> |
| (3) | Standards for designating an area requiring soil conservation measures under Article 17 (3) of the Act shall be as follows: <Amended on Jun. 30, 2005; Sep. 30, 2011; Nov. 20, 2018> |
| 1. | In cases of farmland, areas where the soil contamination level 30 centimeters deep from the ground surface exceeds the level requiring measures and other areas which are requested by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to be designated as an area requiring measures as the contaminant content of crops cultivated in such areas is found to be in excess of the maximum residue limit for heavy metal; |
| 2. | In cases of areas other than farmland, areas where the soil contamination level between the ground surface and the upper soil of ground water (aquifer) exceeds the level requiring measures and other areas which are requested by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to be designated as an area requiring measures as such areas are likely to inflict a physical injury upon persons and the size of such areas is at least 10,000 square meters. |
| (4) | Where the Minister of Environment designates an area requiring measures and publicly notifies such designation under Article 17 (4) of the Act, he or she shall send the details of the public notification and relevant documents to the relevant Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of relevant Si/Gun/Gu. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall make the public notification available to the general public and install signs detailing such designation in places that are easily noticeable to the general public within the area requiring measures. <Amended on Nov. 20, 2018> |
[This Article Wholly Amended on Dec. 19, 2001]
| Article 12-2 (Formulation of Plans for Measures) |
Where an area requiring measures under Article 18 (1) of the Act extends over at least two Special Self-Governing Cities and Sis/Guns/Gus, the Special Self-Governing City Mayor or the head of the Si/Gun/Gu who has jurisdiction over the largest part of the area requiring measures shall formulate a plan for measures. In such cases, he or she shall have consultation with the Special Self-Governing City Mayor or the heads of the Sis/Guns/Gus who have jurisdiction over the remaining parts of the area requiring measures. <Amended on Sep. 30, 2011; Nov. 20, 2018> [This Article Newly Inserted on Jun. 30, 2005]
| Article 13 (Types of Projects for Improving Contaminated Soil) |
The types of projects for improving contaminated soil under Article 18 (4) of the Act shall be as follows: <Amended on Jun. 30, 2005; Jun. 16, 2009; Sep. 30, 2011; May 31, 2013; Nov. 20, 2018> | 1. | Projects for cultivating agricultural soil, such as soil dressing or the use of a soil conditioner; |
| 2. | Projects for dredging contaminated waterways; |
| 3. | Projects for burying and remediating contaminated soil in a hygienic manner; |
| 4. | Projects for cultivating plants with high absorption of soil contaminants; |
| 5. | Other projects deemed necessary by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
| Article 13-2 (Investigations of Damage to Health of Residents) |
The matters to be included in an investigation of damage to the health of residents and measures to address such damage as provided for in Article 18 (5) of the Act shall be as follows: <Amended on May 31, 2013> | 1. | Scope of residents subject to the investigation of damage to health and the methods of such investigation; |
| 2. | Agencies in charge of the investigation of damage to health; |
| 3. | Decision on damage to health and measures to address such damage; |
| 4. | Other matters necessary for the investigation of damage to health and the measures to address such damage. |
[This Article Newly Inserted on Jun. 30, 2005]
| Article 14 (Adjustment of Jurisdiction over Areas Requiring Measures) |
| (1) | A project for improving contaminated soil in an area requiring measures under Article 19 (4) of the Act shall be implemented by jurisdictional area, but if it is impracticable to implement such project by jurisdictional area, the Special Self-Governing City Mayor or the head of the Si/Gun/Gu who has jurisdiction over the largest portion of such area shall implement the project for improving contaminated soil. <Amended on Jun. 30, 2005; Sep. 30, 2011; Nov. 20, 2018> |
| (2) | The relevant Special Self-Governing City Mayor or the heads of the relevant Sis/Guns/Gus, other than the implementer of a project for improving contaminated soil under paragraph (1) shall fully cooperate in the implementation of such project. <Amended on Jun. 30, 2005; Sep. 30, 2011; Nov. 20, 2018> |
| Article 15 (Limitation on Use of Land) |
Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to limit the use of land or the installation of facilities in any area requiring measures under Article 20 of the Act, he or she shall determine and publicly notify the object, method, period, area, etc. of the limitation. In such cases, he or she shall take into consideration the designation purpose of specific-use areas and the limitations on acts under the National Land Planning and Utilization Act, if equity requires. <Amended on Dec. 26, 2002; Jun. 30, 2005; Sep. 30, 2011; Nov. 20, 2018>
| Article 16 (Limitation on Installation of Facilities in Areas Requiring Measures) |
“Facilities prescribed by Presidential Decree and deemed likely to defeat the purpose of the designation of an area requiring measures in such area" in Article 21 (2) of the Act means facilities which produce contaminants mainly causing the designation of the area requiring measures, facilities which use raw materials containing contaminants, or facilities which produce goods containing contaminants.
| Article 17 (Special Cases concerning Abandoned Metal Mining Areas) |
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall investigate the status of the metal mining areas under his or her jurisdiction, for which the responsibility of the former mining right holder or mining leaseholder under Article 18 of the Mining Safety Act is extinguished, and shall report the results of the investigation to the relevant Mayor/Do Governor and the Minister of Environment. <Amended on Jun. 30, 2005; Sep. 30, 2011; Jan. 6, 2017; Nov. 20, 2018>
| Article 17-2 (Standards for Designation of Soil-Related Specialized Agencies) |
| (1) | Any person who intends to be designated as a soil-related specialized agency pursuant to the former part, with the exception of the subparagraphs, of Article 23-2 (2) of the Act shall secure the inspection facilities, equipment, and technical personnel as shown in attached Table 1. <Amended on May 31, 2013> |
| (2) | The matters which need to be designated for change pursuant to the latter part, with the exception of the subparagraphs, of Article 23-2 (2) of the Act shall be as follows: <Amended on May 31, 2013> |
| 1. | A change in the trade name or the location of a place of business; |
| 2. | Replacement of the representative; |
| 3. | Replacement of the technical personnel. |
| (3) | In changing the matters provided for in each subparagraph of paragraph (2), the designation of the changed matters shall be made within 60 days from the date when the cause of such change arises. <Amended on Jun. 16, 2009> |
[This Article Newly Inserted on Jun. 30, 2005]
[Previous Article 17-2 moved to Article 17-3 <Jun. 30, 2005>]
| Article 17-3 (Soil Contamination Survey Agencies) |
“Agencies prescribed by Presidential Decree" in the proviso, with the exception of the subparagraphs, of Article 23-2 (3) of the Act shall be as follows: <Amended on Jan. 9, 2004; Jun. 30, 2005; Jul. 22, 2005; Oct. 8, 2008; Jun. 16, 2009; May 31, 2013; Nov. 20, 2018> | 1. | The National Institute of Environmental Research; |
| 2. | City/Do health and environmental research institutes; |
| 3. | River basin environmental offices or regional environmental offices; |
| 4. | The Korea Environment Corporation; |
| 5. | Deleted. <Jun. 16, 2009> |
[This Article Newly Inserted on Dec. 19, 2001]
[Moved from Article 17-2 <Jun. 30, 2005>]
| Article 17-4 (Requirements for Registration of Soil Remediation Business) |
| (1) | Any person who intends to file for registration of or registration of changes to soil remediation business pursuant to Article 23-7 (1) of the Act shall do so with the Mayor/Do Governor having jurisdiction over the location of his or her office under subparagraph 1 (a) of attached Table 2, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | Any person who intends to ship out contaminated soil for its off-site remediation pursuant to the proviso of Article 15-3 (3) of the Act by installing off-site soil treatment facilities under subparagraph 1 (b) of attached Table 2 (hereinafter referred to as "off-site soil treatment facilities) outside the area under the jurisdiction of the Mayor/Do Governor with whom the person has filed for registration of soil remediation business pursuant to paragraph (1) shall file for registration thereof or registration of changes thereto with the Mayor/Do Governor having jurisdiction over the location of the off-site soil treatment facilities, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | Any person who intends to file for registration of soil remediation business under the former part of Article 23-7 (1) of the Act shall secure facilities, equipment, and technical personnel, as prescribed in attached Table 2. |
| 1. | Trade name or the location of an office; |
| 4. | Number or location of off-site soil treatment facilities following such facilities are established, closed, or relocated within the area under the jurisdiction of the Mayor/Do Governor with whom a person has filed for registration under paragraphs (1) and (2); |
| 5. | Area of off-site soil treatment facilities (limited to where the area of remediation facilities or storage facilities prescribed in subparagraph 1 (b) of attached Table 2 increases or decreases by at least 50/100). |
| (5) | Where any change is made to the matters provided in paragraph (4) 1 through 3, the registration of the changed matters shall be filed within 30 days from the date the grounds for such change arise, and where any change is made to the matters provided in paragraph (4) 4 and 5, the registration of such change shall be filed in advance. |
| (6) | Where an application for registration is filed pursuant to the former part of Article 23-7 (1) of the Act, a Mayor/Do Governor shall permit registration except in any of the following cases: |
| 1. | Where the applicant is subject to the prohibition on concurrently conducting other business under Article 23-5 of the Act; |
| 3. | Where the applicant intends to establish facilities in an area where the establishment and operation of such facilities are prohibited or restricted under other statutes or regulations (only where off-site soil treatment facilities are established); |
| 4. | Where the applicant fails to secure facilities, equipment, and technical personnel provided in paragraph (3); |
| 5. | Where the applicant violates any restrictions imposed under this Decree, or other statutes or regulations. |
[This Article Wholly Amended on Jul. 14, 2020]
| Article 17-5 (Prohibition of Subcontract) |
| (1) | “Work ··· prescribed by Presidential Decree” in the main clause of Article 23-9 (2) of the Act means the operation and construction works of soil remediation facilities. <Amended on May 31, 2013> |
| (2) | “Unavoidable reason prescribed by Presidential Decree” in the proviso of Article 23-9 (2) of the Act means any of the following: <Newly Inserted on May 31, 2013> |
| 1. | Where urgent soil remediation is needed due to an act of God; |
[This Article Newly Inserted on Sep. 30, 2011]
| Article 18 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 27 (1) of the Act, the Minister of Environment shall delegate the following authority to the head of a river basin environmental office or the head of a regional environmental office: <Amended on Dec. 19, 2001; Aug. 8, 2002; Jun. 30, 2005; Sep. 30, 2011; May 31, 2013; Mar. 24, 2015; Nov. 20, 2018> |
| 5-2. | Receipt and processing of reports concerning succession to the status of soil environment assessment agencies under Article 23-12 (3) of the Act; |
| 5-3. | Deleted; <May 31, 2013> |
| 6. | Requests for submission of reports and data by soil environment assessment agencies and the inspection thereof under Article 26-2 (2) of the Act; |
| 7. | Hearings on the revocation of designation of a soil environment assessment agency under subparagraph 2 of Article 26-5 of the Act; |
| 8. | Imposition and collection of administrative fines under Article 32 of the Act (limited to the imposition and collection of administrative fines related to the authority delegated to the heads of river basin environmental offices or the heads of regional environmental offices). |
| (2) | Pursuant to Article 27 (1) of the Act, the Minister of Environment shall delegate the following authority to the president of the National Institute of Environmental Research: <Newly Inserted on Sep. 30, 2011; May 31, 2013; Nov. 20, 2018> |
| 4. | Requests for submission of reports and data by risk assessment agencies and the inspection thereof under Article 26-2 (2) of the Act; |
| 5. | Hearings on the revocation of designation of a risk assessment agency under subparagraph 2 of Article 26-5 of the Act; |
| 6. | Imposition and collection of administrative fines under Article 32 of the Act (limited to the imposition and collection of administrative fines related to the authority delegated to the president of the National Institute of Environmental Research). |
| (3) | Pursuant to Article 27 (2) of the Act, the Minister of Environment may entrust the following duties to the Korea Environment Corporation pursuant to the Korea Environment Corporation Act. In such cases, the Minister of Environment shall publicly notify the date of entrustment and the entrusted duties: <Newly Inserted on May 31, 2013; Mar. 24, 2015; Nov. 20, 2018> |
| 5. | Duties related to the expropriation or use of land, etc. under Article 7 (1) of the Act: Provided, That the scope thereof is limited to those necessary for the duties entrusted by the Minister of Environment; |
| 6. | Formulation and change of a plan for developing a soil control complex, and hearings and consultations thereon under Article 15-7 (2) of the Act; |
| 7. | Duties related to the use, benefit from, lease, or sale of part of the land of a soil control complex under Article 15-7 (3) of the Act. |
[Title Amended on May 31, 2013]
| Article 18-2 (Re-Examination of Regulation) |
The Minister of Environment shall examine the appropriateness of the following matters every three years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements:
| 1. | Corrective orders, etc. referred to in Article 8-3: January 1, 2014; |
| 2. | Standards, etc. for designation of a soil-related specialized agency referred to in Article 17-2 and attached Table 1: January 1, 2014; |
| 3. | Requirements for registration of soil remediation business referred to in Article 17-4 and attached Table 2: January 1, 2014. |
[This Article Wholly Amended on Dec. 30, 2013]
| Article 19 (Standards for Imposition of Administrative Fines) |
[This Article Wholly Amended on Jun. 16, 2009]
ADDENDUM <Presidential Decree No. 14848, Dec. 29, 1995>
This Decree shall enter into force on January 6, 1996.
ADDENDA <Presidential Decree No. 16058, Dec. 31, 1998>
| (1) | (Enforcement Date) This Decree shall enter into force on January 1, 1999: Provided, That the amended provisions of Article 8 (3) 3 shall enter into force on April 1, 1999. |
| (2) | (Transitional Measures concerning Inspection of Soil Contamination Levels) With respect to facilities which fall under the amended provisions of Article 8 (2) 1 (a) or (b) at the time this Decree enters into force under the main sentence of paragraph (1) and for which six months have not passed since the inspection of soil contamination levels was made under the previous provisions, the inspection of the soil contamination levels which is to be conducted first after this Decree enters into force shall be exempted, notwithstanding the amended provisions of Article 8 (2) 1: Provided, That this shall not apply to the facilities which fall under the proviso to the same subparagraph. |
ADDENDUM <Presidential Decree No. 17432, Dec. 19, 2001>
This Decree shall enter into force on January 1, 2002.
ADDENDA <Presidential Decree No. 17698, Aug. 8, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 17816, Dec. 26, 2002>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2003.
Articles 2 through 17 Omitted.
ADDENDA <Presidential Decree No. 18213, Jan. 9, 2004>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18910, Jun. 30, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2005: Provided, That the amended provisions of Articles 8-2 (1) 1, 11, and 11-2 shall take effect on January 1, 2006, and the amended provisions of Article 8 (1) 2 and (3) (limited to the matters relating to the leakage inspection) on July 1, 2006. Article 2 (Applicability to Corrective Order)
The amended provisions of Article 8-3 concerning the period of implementing a corrective order and the extension of such a period shall apply to any person to whom such corrective order is given on or after the date this Decree enter into force. Article 3 (Transitional Measures concerning Leakage Inspection)
| (1) | Notwithstanding the amended provisions of Article 8 (1) 2 concerning the leakage inspection, the facilities subject to a leakage inspection for which not less than fifteen years have passed at the time the said provisions enter into force since they were installed shall undergo a leakage inspection not later than June 30, 2007, and the facilities subject to a leakage inspection for which not less than ten years but less than fifteen years have passed at the time of the said provisions enter into force since their installation, not later than June 30, 2008, respectively. |
| (2) | Notwithstanding the provisions of paragraph (1), if the leakage inspection as referred to in Article 8 (1) 2 (a) is undergone after July 1, 2001 (referring to July 1, 2002 in case of the facilities for which not less than ten years but less than fifteen years have passed since their installation) or the leakage inspection as referred to in Article 8 (1) 2 (b) is undergone after July 1, 2003 (referring to July 1, 2004 in case of the facilities for which not less than ten years but less than fifteen years have passed since their installation), the next leakage inspection shall be undergone according to the classification of items of Article 8 (1) 2 on the basis of the date when such inspection is conducted. |
Article 4 (Transitional Measures concerning Standards for Designation of Soil-Related Specialized Agency)
Any person who is designated as a soil contamination survey agency at the time of the entry into force of this Decree shall receive the designation of its change after securing the inspection facilities, equipment and the technical manpower as described in the amended provisions of subparagraph 1 of attached Table 1 within six months from the date this Decree takes effect, and any person who is designated as a leakage inspection agency at the time this Decree enters into force shall receive the designation of its change after securing the inspection facilities, equipment and the technical manpower as described in the amended provisions of subparagraph 2 of attached Table 1 within one year from the date when this Decree takes effect.
ADDENDA <Presidential Decree No. 18953, Jul. 22, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20297, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 5, 2008. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21078, Oct. 8, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21542, Jun. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Soil Contamination Inspection)
The previous provisions shall apply to an inspection of soil contamination levels for any installer of the specific facilities subject to the control of soil contamination who should undergo an inspection of soil contamination levels under Article 8 (1) 1 and a leakage inspection under subparagraph 2 of the same paragraph not later than December 31, 2008. Article 3 (Transitional Measures concerning Corrective Orders)
The previous provisions shall apply to the extension of the performance period to any installer of the specific facilities subject to the control of soil contamination who has received a corrective order pursuant to Article 8-3 (1) at the time this Decree enters into force. Article 4 (Transitional Measures concerning Orders Given to Take Measures)
The amended provisions of Article 9-2 (2) shall apply to the extension of the performance period to any person causing the contamination who has been ordered to take measures pursuant to Article 9-2 (1) at the time this Decree enters into force. Article 5 (Transitional Measures concerning Standards for Designation of Soil-Related Specialized Agency)
Any person who has been designated as a soil-related specialized agency at the time when this Decree enters into force shall be designated for modification with required technical human resources under the amended provisions of attached Table 1 within one year from the date this Decree enters into force.
Article 6 (Transitional Measures concerning Standards for Registration of Soil Remediation Business)
Any person who has filed for registration of soil remediation business as at the time this Decree enters into force shall file for registration of changes after securing the technical personnel under the amended provisions of attached Table 2 within one year from the date this Decree enters into force.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23196, Sep. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 6, 2011.
Article 2 (Applicability to Extension of Performance Period)
| (1) | The amended provisions of Article 5-3 (1) shall begin to apply from the first detailed survey of soil, the performance period of which is extended after this Decree enters into force. |
| (2) | The amended provisions of Article 9 (1) shall begin to apply from the first detailed survey of soil, the performance period of which is extended after this Decree enters into force. |
Article 3 (Applicability to Soil Contamination Survey of Specific Facilities subject to Control of Soil Contamination)
The amended provisions of Article 8 (1) 1 shall also apply to soil contamination surveys which are being conducted at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 23529, Jan. 25, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 26, 2012.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 24566, May 31, 2013>
This Decree shall enter into force on June 2, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26160, Mar. 24, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 25, 2015.
Article 2 (Applicability to Priority of Responsibility for Remediation)
The amended provisions of Article 5-3 shall apply beginning from the case of issuing an order to conduct a detailed soil survey after this Decree enters into force.
ADDENDUM <Presidential Decree No. 26774, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 27636, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27767, Jan. 6, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 29292, Nov. 20, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 29, 2018.
Article 2 (Applicability to Hazard Assessment)
ADDENDUM <Presidential Decree No. 29972, Jul. 9, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30848, Jul. 14, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Registration of or Registration of Changes to Soil Remediation Business)
The amended provisions of Article 17-4 (1) and (2) shall begin to apply to applications for registration of or registration of changes to soil remediation business filed on or after the date this Decree enters into force. Article 3 (Transitional Measures concerning Registration of or Registration of Changes to Soil Remediation Business)
Any person who has filed for registration of or registration of changes to soil remediation business before this Decree enters into force or any person who has filed for registration of or registration of changes to soil remediation business after filing an application therefor on or after the date this Decree enters into force shall be deemed to have filed for registration of or registration of changes to soil remediation business under the amended provisions of Article 17-4 (1) and (2) and attached Table 2.
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)