CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Persistent Pollutants Control Act and matters necessary for the enforcement thereof. <Amended on Mar. 27, 2017>
| Article 2 Deleted. <Jun. 7, 2023> |
| Article 3 (Types of wastes containing persistent pollutants) |
Wastes containing persistent pollutants defined in subparagraph 3 of Article 2 of the Act shall be as specified in attached Table 2. <Amended on Mar. 27, 2017> [Title Amended on Mar. 27, 2017]
| Article 4 (Formulation of master plans for control of persistent pollutants) |
| (1) | In order to formulate or amend a master plan for the control of persistent pollutants under Article 5 (1) of the Act (hereinafter referred to as "master plan"), the Minister of Environment may request that the heads of the relevant central administrative agencies submit a draft master plan for the fields under their jurisdiction. Upon receipt of such request, the heads shall comply therewith, unless there is a compelling reason not to do so. <Amended on Mar. 27, 2017> |
| (2) | The Minister of Environment shall integrate and coordinate the draft master plans for each field under the jurisdiction of the relevant head submitted pursuant to paragraph (1), shall finalize a master plan pursuant to Article 5 (1) of the Act, and shall notify the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as the "Mayors/Do Governors") thereof. <Amended on Mar. 27, 2017> |
| (3) | The Minister of Environment may request that relevant institutions submit necessary materials in order to formulate or amend a master plan. |
[Title Amended on Mar. 27, 2017]
| Article 5 (Modification of master plans) |
“Modification of the matters prescribed by Presidential Decree” in the latter part of Article 5 (1) of the Act means any of the following cases: <Amended on Mar. 27, 2017; Apr. 9, 2019> | 1. | Where the direction of promoting the control of persistent pollutants is modified (applicable only where the priority of major projects to be promoted is modified); |
| 2. | Where a major promotion plan for the control of persistent pollutants is modified; |
| 3. | Where a major investment plan for the control of persistent pollutants is modified. |
| Article 6 (Formulation of implementation plans) |
| (1) | Where a master plan has been formulated, the Minister of Environment and the heads of the relevant central administrative agencies shall formulate an annual implementation plan for the fields under their jurisdiction. |
| (2) | The head of each relevant central administrative agency shall submit to the Minister of Environment an implementation plan for the following year by the end of December each year, and the performance results of the implementation plan for the preceding year by the end of March each year. |
| (3) | Upon receipt of an implementation plan and the performance results under paragraph (2), the Minister of Environment shall, without delay, report the plan and the results to the Central Environmental Policy Committee under Article 58 (1) of the Framework Act on Environmental Policy. <Amended on Apr. 5, 2011; Jul. 20, 2012> |
| Article 7 Deleted. <Apr. 5, 2011> |
| Article 8 Deleted. <Apr. 5, 2011> |
| Article 9 Deleted. <Apr. 5, 2011> |
| Article 10 Deleted. <Apr. 5, 2011> |
| Article 11 Deleted. <Apr. 5, 2011> |
| Article 12 Deleted. <Apr. 5, 2011> |
| Article 13 Deleted. <Apr. 5, 2011> |
| Article 14 Deleted. <Apr. 5, 2011> |
| Article 15 (Health-based guidance values) |
The health-based guidance value for dioxins under Article 9 (2) of the Act (referring to those that include furans; hereinafter the same shall apply) shall be set at 4 picograms TEQ (pg-TEQ) per kilogram per day. <Amended on Apr. 9, 2019; Jun. 7, 2023> [Title Amended on Jun. 7, 2023]
| Article 16 (Environmental standards) |
The environmental standards under Article 10 (2) of the Act shall be as specified in attached Table 3.
CHAPTER II PROHIBITION OF, OR RESTRICTION ON, MANUFACTURE, EXPORTATION, IMPORTATION, OR USE OF PERSISTENT POLLUTANTS
| Article 17 Deleted. <Mar. 27, 2017> |
| Article 18 (Standards for control) |
| (1) | A person who intends to manufacture, export, import, or use persistent pollutants that may be manufactured, exported, imported, or used pursuant to the proviso of Article 13 (1) of the Act (hereinafter referred to as "conditionally permitted persistent pollutants") or restricted persistent pollutants under Article 13 (3) of the Act (hereinafter referred to as "restricted persistent pollutants") shall comply with the following management standards pursuant to paragraphs (2) and (4) of that Article: <Amended on Mar. 27, 2017> |
| 1. | When conditionally permitted persistent pollutants or restricted persistent pollutants are manufactured or imported, the relevant substances shall be marked on the containers or packages; |
| 2. | A label indicating the relevant substance shall be displayed at a place where conditionally permitted persistent pollutants or restricted persistent pollutants are kept, stored, or displayed; |
| 3. | In order to prevent accidents caused by the leakage, etc. of conditionally permitted persistent pollutants or restricted persistent pollutants, a discharge barrier, berm, or any other similar structure shall be installed at a place where the relevant substances are kept, stored, or displayed; |
| 4. | The workplace shall be equipped with disaster prevention equipment, chemicals, and materials to enable emergency measures in the event of an accident; |
| 5. | Conditionally permitted persistent pollutants or restricted persistent pollutants shall be kept separately from other substances; |
| 6. | Other matters prescribed by Ordinance of the Ministry of Environment shall be complied with for the safe control of conditionally permitted persistent pollutants or restricted persistent pollutants. |
| (2) | A person who intends to manufacture, export, import, or use mercury and mercury compounds under the Minamata Convention on Mercury (hereinafter referred to as the "Minamata Convention") among the restricted persistent pollutants falling under any category specified in Article 13 (3) 2 through 4 of the Act (hereafter in this Article referred to as "mercury, etc.") shall comply with the following management standards in addition to the management standards specified in the subparagraphs of paragraph (1): <Amended on Mar. 27, 2017; Jul. 14, 2020; Jun. 7, 2023> |
| 1. | The person shall wear protective gear suitable for handling or disposing of mercury, etc.; |
| 2. | Where a person suspends the handling of mercury, etc. or suspends or closes the business of manufacturing, exporting, importing, or using mercury, etc., he or she shall take safety measures to prevent any leakage of the relevant mercury, etc. into the surrounding environment, including atmosphere, water systems, and soil; in such cases, he or she shall dispose of any remaining mercury, etc. from his or her place of business in advance when the business is closed. |
| (3) | “Form of reagents for testing, research, or examination purposes, or for other purposes as prescribed by Presidential Decree” in Article 13 (3) 4 of the Act means purposes that are excluded from the application of the Annexes specified in Annex A to the Minamata Convention. <Newly Inserted on Mar. 27, 2017> |
| (4) | The labeling methods for conditionally permitted persistent pollutants or restricted persistent pollutants shall be as specified in attached Table 4. <Newly Inserted on Mar. 27, 2017> |
[This Article Wholly Amended on July 31, 2012]
CHAPTER III REGULATION ON DISCHARGE OF PERSISTENT POLLUTANTS
| Article 19 (Criteria for imposition of penalty surcharges) |
| (1) | Penalty surcharges under Article 17 (1) of the Act shall be calculated by multiplying the number of days of suspension of use under the main clause of Article 16 (1) of the Act and paragraph (3) of that Article by the amount imposed per day and the imposition coefficient based on the size of the place of business. <Amended on Apr. 9, 2019; Jun. 7, 2023> |
| (2) | The amount of imposition per day shall be 5 million won, and the imposition coefficient based on the size of the place of business shall be prescribed by Ordinance of the Ministry of Environment within the range of at least 0.5 but not more than 2.0. |
| Article 20 (Reimbursement of collection expenses) |
| (1) | If the Minister of Environment delegates business affairs regarding the imposition and collection of penalty surcharges to a Mayor/Do Governor pursuant to Article 17 (5) of the Act, the Minister shall reimburse an amount equivalent to 10/100 of the penalty surcharges collected by the Mayor/Do Governor as collection expenses to the Mayor/Do Governor. |
| (2) | The Minister of Environment shall settle collection expenses under paragraph (1) from penalty surcharges paid into the Special Account for Environmental Improvement under the Act on the Special Account for Environmental Improvement and shall pay the expenses to a Mayor/Do Governor by the end of the following month. |
| Article 21 (Facilities subject to impact assessment on surrounding areas) |
| (1) | “Discharge facility of at least a scale prescribed by Presidential Decree” in the former part of Article 19 (2) of the Act means the following facilities among discharge facilities under the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the "Stockholm Convention"): <Amended on Mar. 27, 2017; Jul. 2, 2019; Jul. 14, 2020; Jun. 7, 2023> |
| 1. | A steel sintering furnace with a maximum daily production capacity of at least 5,000 tons; |
| 2. | A steel electric furnace with a maximum daily production capacity of at least 3,000 tons; |
| 3. | A cement rotary kiln with a maximum daily production capacity of at least 12,000 tons; |
| 4. | A facility for rolling, extrusion, and drawing (the process of elongating or thinning a material) of copper with a maximum daily production capacity of at least 50 tons. |
| (2) | In calculating the maximum daily production capacity under paragraph (1), if multiple emission facilities exist at the same place of business, the maximum daily production capacity of each facility shall be aggregated. |
| Article 21-2 (Requirements for designation of institutions specializing in measurement and analysis of persistent pollutants) |
| (1) | A person who intends to be designated as an institution specializing in measurement and analysis of persistent pollutants (hereinafter referred to as "institution specializing in measurement and analysis") pursuant to Article 19-2 (1) of the Act shall submit an application for designation in the form prescribed by Ordinance of the Ministry of Environment to the Minister of Environment. |
| (2) | “Requirements for facilities, equipment, and technical personnel prescribed by Presidential Decree” in Article 19-2 (2) of the Act means the requirements specified in attached Table 4-2. |
| (3) | If a person who has submitted an application for designation pursuant to paragraph (1) meets the requirement for designation under paragraph (2), the Minister of Environment may designate the person as an institution specializing in measurement and analysis. |
| (4) | Upon designating an institution specializing in measurement and analysis pursuant to Article 19-2 (1) of the Act, the Minister of Environment shall issue a certificate of designation in the form prescribed by Ordinance of the Ministry of Environment to the relevant institution. |
| (5) | The Minister of Environment shall publicly announce the following information pursuant to Article 19-2 (5) of the Act: |
| 1. | The name and location of the institution specializing in measurement and analysis; |
| 2. | The designation number; |
[This Article Newly Inserted on Jun. 7, 2023]
| Article 21-3 (Revised designation of institutions specializing in measurement and analysis) |
| (1) | “Important matters prescribed by Presidential Decree” in Article 19-2 (3) of the Act means the following: |
| 1. | The name of the institution; |
| 2. | The location of the office or laboratory; |
| 4. | Facilities or equipment; |
| (2) | A person who intends to obtain revised designation pursuant to Article 19-2 (3) of the Act shall submit an application for revised designation in the form prescribed by Ordinance of the Ministry of Environment to the Minister of Environment. |
| (3) | The Minister of Environment shall publicly announce the following information pursuant to Article 19-2 (5) of the Act: |
| 1. | The name and location of the institution specializing in measurement and analysis; |
| 2. | The designation number; |
| 4. | Matters subject to revised designation. |
[This Article Newly Inserted on Jun. 7, 2023]
| Article 21-4 (Suspension of business operations of institutions specializing in measurement and analysis) |
| (1) | The standards for revoking the designation of specialized institutions for measurement and analysis and for suspending their business operations under Article 19-2 (4) of the Act shall be as specified in attached Table 4-3. |
| (2) | The Minister of Environment shall publicly announce the following information pursuant to Article 19-2 (5) of the Act: |
| 1. | The name and location of the institution specializing in measurement and analysis; |
| 2. | The designation number; |
| 4. | The grounds for revocation of designation or suspension of business operations; |
| 5. | The date of revocation of designation or the period of business suspension. |
[This Article Newly Inserted on Jun. 7, 2023]
CHAPTER IV CONTROL OF INSTRUMENTS CONTAINING PERSISTENT POLLUTANTS
| Article 22 (Contaminated instruments) |
“Persistent pollutants exceeding a level set out in the standards prescribed by Presidential Decree” in Article 24 of the Act means polychlorinated biphenyls in excess of 50 milligrams per liter. <Amended on Jul. 31, 2012; Mar. 27, 2017>
| Article 23 (Instruments subject to control) |
“Instrument, facility, or product prescribed by Presidential Decree, such as a transformer” in Article 24-2 (1) of the Act shall be as follows; provided, those manufactured after January 27, 2008, which contain less than 0.05 milligrams of polychlorinated biphenyl per liter shall be excluded herefrom: <Amended on Apr. 5, 2011; Jul. 31, 2012; Jun. 7, 2023> | 1. | Transformers (applicable only to oil-filled equipment); |
| 2. | Condensers (applicable only to oil-filled equipment); |
| 3. | Instrument transformers (applicable only to oil-filled equipment); |
| 4. | Other power equipment using electrical insulating oil as an insulating medium. |
| Article 23-2 (Concentration of persistent pollutants subject to restrictions on importation and exportation) |
“Insulating oil, the concentration of persistent pollutants of which exceeds a level set out in the standards prescribed by Presidential Decree” in Article 24-3 of the Act means insulating oil with a polychlorinated biphenyl content of at least 2 milligrams per liter. <Amended on Mar. 27, 2017> [This Article Newly Inserted on Jul. 31, 2012]
[Title Amended on Mar. 27, 2017]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Delegation of authority) |
| (1) | The Minister of Environment shall delegate the following authority to the president of the National Institute of Environmental Research pursuant to Article 31 (1) of the Act: <Newly Inserted on Jun. 7, 2023> |
| 1. | Designation of institutions specializing in measurement and analysis under Article 19-2 (1) of the Act; |
| 2. | Receipt of applications for designation of institutions specializing in measurement and analysis under Article 19-2 (2) of the Act; |
| 3. | Revised designation of institutions specializing in measurement and analysis under Article 19-2 (3) of the Act; |
| 4. | Revocation of designation of institutions specializing in measurement and analysis and issuance of orders to suspend business operations of such institutions under Article 19-2 (4) of the Act; |
| 5. | Public announcement of designation or revised designation of institutions specializing in measurement and analysis, revocation of such designation, or issuance of orders to suspend business operations under Article 19-2 (5) of the Act. |
| (2) | The Minister of Environment shall delegate to the heads of river basin environmental offices or the heads of regional environmental offices (hereinafter referred to as the "heads of regional environmental agencies") the following authority pursuant to Article 31 (1) of the Act: <Amended on Mar. 27, 2017; Apr. 9, 2019; Jun. 7, 2023> |
| 1. | Approval for the export of conditionally permitted persistent pollutants or restricted persistent pollutants under Article 13 (5) of the Act; |
| 2. | Improvement orders, orders for suspension of use, orders for closure, and hearings on orders for closure under Articles 16 and 30 of the Act; |
| 2-2. | Publication of administrative dispositions under Article 16 (4) of the Act; |
| 3. | Imposition and collection of penalty surcharges under Article 17 of the Act; |
| 4. | Receipt of findings from impact assessment on surrounding areas under Article 19 (2) of the Act; |
| 5. | Issuance of orders for measurement of persistent pollutants or their impact assessment under Article 19 (3) of the Act; |
| 6. | Issuance of orders to discharge business entities to suspend the use of discharge facilities or to close such facilities and hearings on such closure orders under Articles 19 (4) and 30 of the Act; |
| 7. | Acceptance of reports under Article 20 (2) of the Act; |
| 8. | Issuance of orders to take measures under Article 20 (3) of the Act; |
| 8-2. | Issuance of orders to persons who intend to recycle wastes containing persistent pollutants to suspend the use of the relevant facilities or to close such facilities and hearings on such closure orders under Articles 23 (3) and 30 of the Act; |
| 9. | Issuance of orders to file reports and to submit materials, collection of samples, and inspection under Article 29 (1) of the Act; |
| 10. | Imposition and collection of administrative fines on delegated matters under Article 37 of the Act. |
[This Article Wholly Amended on July 31, 2012]
| (1) | If the head of a regional environmental agency conducts the business affairs delegated pursuant to Article 31 (1) of the Act, the head shall report the details thereof to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Jul. 31, 2012> |
| (2) | If the head of a regional environmental agency issues an order for suspension of use or closure pursuant to Article 16 of the Act, the head shall report such fact to the Minister of Environment without delay. <Amended on Jul. 31, 2012> |
[This Article Wholly Amended on Aug. 25, 2009]
| Article 26-2 Deleted. <Jul. 14, 2020> |
CHAPTER VI?PENALTY PROVISIONS
| Article 27 (Criteria for Imposition of Administrative Fines) |
The criteria for the imposition of administrative fines under Article 37 (1) through (3) of the Act shall be as specified in attached Table 5. <Amended on Jul. 31, 2012> [This Article Newly Inserted on Apr. 5, 2011]
ADDENDUM <Presidential Decree No. 20481, Dec. 28, 2007>
This Decree shall enter into force on January 27, 2008.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENUM <Presidential Decree No. 21705, Aug. 25, 2009>
This Decree shall enter into force on the date of its promulgation; provided, the amended provisions of Article 26 shall enter into force on January 1, 2010.
ADDENDA <Presidential Decree No. 22877, Apr. 5, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional measures regarding administrative fines)
| (1) | Notwithstanding the amended provisions of attached Table 4, the application of the criteria for the imposition of administrative fines to a violation committed before this Decree enters into force, shall be governed by the previous provisions. |
| (2) | The disposition of the imposition of an administrative fine for a violation committed before this Decree enters into force shall be included in the calculation of the number of violations under the amended provisions of attached Table 4. |
ADDENDA <Presidential Decree No. 23967, Jul. 20, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 24000, Jul. 31, 2012>
This Decree shall enter into force on August 2, 2012; provided, the amended provisions of Articles 22, 23, 23-2, 24, and 25, and subparagraph 2 (a) and (g) of attached Table 5 (previous attached Table 4) shall enter into force on February 2, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25878, Dec. 23, 2014>
This Decree shall enter into force 3 months after the date of its promulgation.
ADDENDA <Presidential Decree No. 27965, Mar. 27, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date the Minamata Convention takes effect in the Republic of Korea; provided, the amended provisions of subparagraphs 2 and 6 of Article 24 and subparagraphs 24 through 26 of attached Table 1 shall enter into force on the date of the promulgation. Article 3 (Relationship with other statutes and regulations)
A citation of the previous Enforcement Decree of the Persistent Organic Pollutants Control Act or any provision thereof by other statutes or regulations in force as at the time this Decree enters into force shall be deemed a citation of this Decree or relevant provision hereof, if any, in lieu of such previous provision.
ADDENDA <Presidential Decree No. 28596, Jan. 22, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29682, Apr. 9, 2019>
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30847, Jul. 14, 2020>
This Decree shall enter into force on the date Annex A adopted by the 9th session of the Stockholm Convention takes effect in the Republic of Korea; provided, the amended provisions of Article 26-2 shall enter into force on the date of the promulgation.
ADDENDUM <Presidential Decree No. 33514, Jun. 7, 2023>
This Decree shall enter into force on June 11, 2023.