ACT ON THE IMPROVEMENT OF WATER QUALITY AND SUPPORT FOR RESIDENTS OF THE HAN RIVER BASIN
Act No. 5932, Feb. 8, 1999
Amended by Act No. 6362, Jan. 16, 2001
Act No. 6656, Feb. 4, 2002
Act No. 6841, Dec. 30, 2002
Act No. 7016, Dec. 30, 2003
Act No. 7459, Mar. 31, 2005
Act No. 7678, Aug. 4, 2005
Act No. 7781, Dec. 29, 2005
Act No. 8010, Sep. 27, 2006
Act No. 8014, Sep. 27, 2006
Act No. 8283, Jan. 26, 2007
Act No. 8343, Apr. 11, 2007
Act No. 8351, Apr. 11, 2007
Act No. 8352, Apr. 11, 2007
Act No. 8370, Apr. 11, 2007
Act No. 8371, Apr. 11, 2007
Act No. 8466, May 17, 2007
Act No. 8614, Aug. 3, 2007
Act No. 8733, Dec. 21, 2007
Act No. 8820, Dec. 27, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9314, Dec. 31, 2008
Act No. 9432, Feb. 6, 2009
Act No. 9758, jun. 9, 2009
Act No. 9763, jun. 9, 2009
Act No. 10272, Apr. 15, 2010
Act No. 10331, May 31, 2010
Act No. 10335, May 31, 2010
Act No. 10893, Jul. 21, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11979, Jul. 30, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12248, Jan. 14, 2014
Act No. 12369, Jan. 28, 2014
Act No. 13172, Feb. 3, 2015
Act No. 13603, Dec. 22, 2015
Act No. 13796, Jan. 19, 2016
Act No. 13805, Jan. 19, 2016
Act No. 13889, Jan. 27, 2016
Act No. 13879, Jan. 27, 2016
Act No. 14480, Dec. 27, 2016
Act No. 14532, Jan. 17, 2017
Act No. 15104, Nov. 28, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve the quality of water sources in the Han River basin by properly managing water sources in the Han River system and by efficiently promoting the improvement of the quality of water sources in the upper region of the Han River basin and the programs for supporting residents in that region.
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
The term used in this Act shall be defined as follows: <Amended by Act No. 10893, Jul. 21, 2011; Act No. 11915, Jul. 16, 2013; Act No. 13879, Jan. 27, 2016; Act No. 14532, Jan. 17, 2017>
| 4. | The term "environmental infrastructure facilities" means the following facilities: |
| (f) | Other facilities specified by Presidential Decree as those for the prevention of water pollution; |
| 5. | The term "water-source management area" means any of the following zones and areas in the Han River basin: |
| (b) | Riparian zones designated and publicly notified pursuant to Article 4 (hereinafter referred to as "riparian zones"); |
| 6. | The term "management authority" means the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or Do Governor (hereinafter referred to as the "Mayor/Do Governor") or the head of the competent Si/Gun/Gu (the head of the competent Gu means the head of an autonomous Gu; hereinafter the same shall apply). |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 3 (Scope of Application) |
| (1) | This Act shall apply to the Han River basin and all areas outside the Han River basin in which tap water drawn from the Han River basin are used (hereafter referred to as "areas outside the river basin" in this Article): Provided, That the provisions of Chapters II, III, and V shall not apply to such areas outside the river basin. |
| (2) | The specific extent of the areas under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
CHAPTER II DESIGNATION, MANAGEMENT, ETC. OF RIPARIAN ZONES
| Article 4 (Designation, Cancellation, etc. of Riparian Zones) |
| (1) | In order to preserve the water quality of the Han River basin, the Minister of Environment shall, where deemed necessary, designate the areas as riparian zones and publicly notify thereof, from among the following areas in the two sides of the Paldang Lake, the Han River (limited to the section from the Paldang Dam to the Jojeongji Dam in Chungju), the Bukhan River (limited to the section from the Paldang Dam to the Euiam Lake), and the Gyeongan Stream (limited to the section designated pursuant to the River Act): <Amended by Act No. 11979, Jul. 30, 2013; Act No. 14532, Jan. 17, 2017> |
| 2. | In cases of an area not designated as an area under special measures: The area within 500 meters from the boundary of a river or a lake and marsh. |
| (2) | Where the Minister of Environment intends to designate an area as a riparian zone under paragraph (1) (hereinafter referred to as "riparian zone"), he/she shall exclude any of the following areas from the riparian zone: <Amended by Act No. 8733, Dec. 21, 2007; Act No. 10599, Apr. 14, 2011; Act No. 13889, Jan. 27, 2016> |
| 1. | A water-source protection area; |
| (3) | If a riparian zone falls under any of paragraph (2) 1 through 4, the Minister of Environment shall cancel the designation of the riparian zone under the procedure prescribed by Presidential Decree: Provided, That if the area designated as a riparian zone under paragraph (1) is incorporated into a treatment-required area under subparagraph 15 of Article 2 of the Sewerage Act in any of the following cases, the designation of such area as a riparian zone shall not be cancelled notwithstanding paragraph (2): <Amended by Act No. 12369, Jan. 28, 2014> |
| 1. | Where a public sewage treatment plant is fully or partially installed under a program for supporting residents under Article 11 (2); |
| 2. | Where the head of a competent local government installs a public sewage treatment plant in part of a riparian zone, on condition that he/she will not cancel the designation of the riparian zone for the improvement of water quality, etc. |
| (4) | Where the Minister of Environment intends to designate an area as a riparian zone, he/she shall organize a survey team with public officials from related central administrative agencies and the competent local government, experts, and representatives of residents to conduct a factual survey on actual conditions of the area and then consult with the competent Do Governor. |
| (5) | The Minister of Environment shall manage riparian zones appropriately, as prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 4-2 (Establishment and Implementation of Basic Plans for Management of Riparian Zones) |
| (1) | The Minister of Environment shall establish and implement a basic plan for the management of riparian zones designated pursuant to Article 4 (1) every five years (hereinafter referred to as "basic plan for the management of riparian zones"), including the following matters, after deliberation by the Han River Watershed Management Committee under Article 24: |
| 1. | Medium and long-term plans for the management of riparian zones; |
| 2. | A plan for the development of riparian ecological belts, such as riparian greenbelts; |
| 3. | The current status of, and a plan for, the purchase of land in riparian zones and other matters specified by Ordinance of the Ministry of Environment. |
| (2) | Necessary matters concerning the procedure for the establishment of the basic plan for the management of riparian zones and the time to establish the plan shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 8614, Aug. 3, 2007]
| Article 4-3 (Formulation, Implementation, etc. of Implementation Plans for Riparian Ecological Belts) |
| (1) | Where the Minister of Environment intends to conduct business to create riparian ecological belts according to a plan for the creation of riparian ecological belts under Article 4-2 (1) 2, he/she shall formulate an implementation plan in which the following matters are included (hereinafter referred to as "implementation plan for riparian ecological belts"): |
| 1. | Location and size of a target area; |
| 2. | Period and schedule of the creation of riparian ecological belts; |
| 3. | Types of facilities to be installed and methods for creating riparian ecological belts; |
| 4. | Other matters prescribed by Presidential Decree in relation to the conduct of business to create riparian ecological belts. |
| (2) | Where the Minister of Environment intends to formulate an implementation plan for riparian ecological belts, he/she shall listen to the opinions of the head of a central administrative agency concerned, and the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu having jurisdiction over the target area. |
| (3) | Where the Minister of Environment formulates or modifies an implementation plan for riparian ecological belts, he/she shall make public notice thereof: Provided, That the same shall not apply to minor modifications prescribed by Presidential Decree. |
| (4) | Necessary matters for the formulation of implementation plans for riparian ecological belts other than the matters prescribed in paragraphs (1) through (3), such as procedure for and timing of formulation of implementation plans for riparian ecological belts shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12369, Jan. 28, 2014]
| Article 5 (Restriction, etc. on Activities within Riparian Zones) |
| (1) | No one shall install a new facility (including modification of the purpose of use; hereinafter the same shall apply in this Article) falling under any of the following facilities in a riparian zone: <Amended by Act No. 9432, Feb. 6, 2009; Act No. 12369, Jan. 28, 2014; Act No. 13805, Jan. 19, 2016; Act No. 14532, Jan. 17, 2017> |
| 3. | Facilities for running any of the following: |
| 6. | A facility falling under any of the following among welfare facilities for the aged falling into quasi-housing under subparagraph 4 of Article 2 of the Housing Act: |
| (2) | Notwithstanding paragraph (1), where it is recognized that any of the following facilities will not create any problem in the preservation of the quality of water sources in a riparian zone, the Minister of Environment may permit the installation of the facility, as prescribed by Presidential Decree: Provided, That permit for the installation of the facilities under subparagraphs 2 and 3 shall be issued only in the area under Article 4 (1) 2: <Amended by Act No. 12369, Jan. 28, 2014> |
| 1. | A wastewater discharge facility temporarily installed for performing a tunnel construction project for the construction of a road or a railroad; |
| 3. | A facility falling under any of paragraph (1) 3 or subparagraphs 4 through 7 of the same paragraph, which treats wastewater to maintain the biochemical oxygen demand and suspended solids below ten milligrams per liter, respectively; |
| (3) | No head of a related administrative agency shall newly designate within a riparian zone, an area as a new specific use area or district that is likely to induce development activities or deteriorate water quality, nor alter a specific use area or district to that effect: Provided, That the foregoing shall not apply where there exist exceptional grounds prescribed by Presidential Decree for military purposes or for the improvement of water quality and the Minister of Environment consents to such designation or alteration. <Amended by Act No. 12369, Jan. 28, 2014> |
| (4) | A manager of the facilities, etc. under paragraph (1) 3 through 8 which have been already installed as at the time of being designated and published as a riparian zone shall discharge wastewater generated therefrom after treating it to maintain the biochemical oxygen demand and suspended solids below ten milligrams per liter respectively, from the date on which three years elapse after the designation and publication of the riparian zone. <Newly Inserted by Act No. 12369, Jan. 28, 2014> |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 6 (Restriction, etc. on Pollutive Activities in Lower Reaches of Paldang Dam) |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 6-2 (Management of Water Pollutants in Rivers, etc.) |
| (2) | In order to observe the criteria referred to in paragraph (1) and to prevent water pollution in river basins and water-source management areas, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors and the heads of Sis/Guns (including the heads of Guns of Metropolitan Cities)/Gus may conduct activities prescribed by Ordinance of the Ministry of Environment, such as investigation, regulation, etc. on the use of pesticides and fertilizer. |
[This Article Newly Inserted by Act No. 12369, Jan. 28, 2014]
| Article 7 (Purchase, etc. of Land, etc.) |
| (1) | If the owner of a parcel of land in a water-source protection area, a riparian zone, or an area necessary for preserving the quality of water sources in the Han River basin that is prescribed by Ordinance of the Ministry of Environment or a facility fixed on such land (hereinafter referred to as "the land, etc.") intends to sell the land, etc. to the State, the State may purchase it through the Han River Watershed Management Fund under Article 20 to utilize it for the improvement of water quality in the Han River basin such as creation of riparian ecological belts, etc. <Amended by Act No. 12369, Jan. 28, 2014> |
| (2) | The purchase price at the time the State purchases the land, etc. pursuant to paragraph (1) shall be the amount appraised on the basis of the officially announced land price under the Act on the Public Announcement of Real Estate Values, taking into consideration the location, shape, environments, and current status of use of the land: Provided, That in any of the following cases, the purchase price may be determined based on indemnities for land and business loss, etc. under the Act on Acquisition of and Compensation for Land, etc. for Public Works: <Amended by Act No. 12369, Jan. 28, 2014; Act No. 13796, Jan. 19, 2016> |
| 1. | Purchase of the land, etc. in an area for which a plan for the creation of riparian ecological belts is formulated under Article 4-2 (1) 2; |
| 2. | Purchase of the land, etc. in an adjacent area, which is sold jointly by multiple number of people, as prescribed by Presidential Decree in an area within a distance of 200 meters from the border of a river or a lake. |
| (3) | The State shall not sell the land, etc. purchased pursuant to paragraph (1) or alter the purpose of use of it to the one other than woodland or a greenbelt: Provided, That the foregoing shall not apply where an agreement is made in advance with the Han River Watershed Management Committee under Article 24. |
| (4) | The State shall transfer the revenue accruing from the land, etc. purchased pursuant to paragraph (1) to the Han River Watershed Management Fund under Article 20. |
| (5) | The procedure for purchasing the land, etc. pursuant to paragraphs (1) and (2), the determination of the order of priority in purchasing, the calculating method and timing for purchase prices, and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
CHAPTER III ENFORCEMENT OF TOTAL POLLUTION LOAD CONTROL SYSTEM
| Article 8 (Formulation, etc. of Basic Policy on Total Pollution Load Control) |
| (1) | The Minister of Environment shall determine and publicly notify the target water quality of each section of the Han River basin, including on the boundary lines among a Special Metropolitan City and Metropolitan Cities and Dos (hereinafter referred to as "Cities/Dos"), following consultation with the competent Mayors/Do Governors, taking into consideration the current status of the use of the river basin and the current conditions of water quality, as prescribed by Presidential Decree: Provided, That the foregoing shall not apply to an area for which the competent Mayor/Do Governor publicly notifies the target water quality of each section of the river basin under the jurisdiction of the relevant City/Do, subject to approval from the Minister of Environment, as prescribed by Presidential Decree, following consultation with the head of the competent Si/Gun. |
| (2) | In order to accomplish and maintain environmentally friendly use of land and the target water quality under paragraph (1), the Minister of Environment shall formulate a basic policy on the total pollution load control (hereinafter referred to as "basic policy on the total pollution load control"), subject to prior consultation with the Han River Watershed Management Committee under Article 24, and notify the policy to related Mayors/Do Governors. |
| (3) | The basic policy on the total pollution load control shall include the following matters: <Amended by Act No. 13889, Jan. 27, 2016>: |
| 1. | Goals for the total pollution load control; |
| 2. | Types of pollutants subject to the total pollution load control; |
| 3. | The duration of the basic plan for the total pollution load control under Article 8-2 and the duration of the action plan for the total pollution load control under Article 8-3; |
| 3-2. | The following matters: |
| (a) | Types of a regional development plan and procedures for reviewing such plan necessary for the formulation and operation of a basic plan for the total pollution load control under Article 8-2; |
| (b) | Types of a regional development plan and procedures for reviewing such plan necessary for the formulation and operation of an action plan for the total pollution load control under Article 8-3; |
| 4. | The method of calculating the pollution load. |
| (4) | The Minister of Environment may establish an information system for the efficient utilization of data necessary for the implementation of the total pollution load control. In such cases, the Minister of Environment may request heads of related agencies and institutions, such as related central administrative agencies, local governments, public institutions, and government-funded institutions, to submit necessary data, and the head of each agency or institution shall comply with such request, except in extenuating circumstances. |
| (5) | The Minister of Environment and each Mayor/Do Governor may organize and operate a survey and research team with relevant experts and personnel in order to conduct reviews, surveys, and research on the adjustment of the pollutants subject to the total pollution load control and the target water quality of each section of the river basin and the enforcement of the total pollution load control. |
| (6) | Matters necessary for the composition and operation of the survey and research team under paragraph (5) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Wholly Amended by Act No. 10335, May 31, 2010]
| Article 8-2 (Establishment, etc. of Basic Plan for the Total Pollution Load Control) |
| (1) | Each Mayor/Do Governor shall prepare a basic plan for the total pollution load control, including the following matters, (hereinafter referred to as the "basic plan") in accordance with the basic policy on the total pollution load control and shall obtain approval thereof from the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. The same shall apply to an intended amendment of the basic plan (excluding a modification to a minor matter specified by Ordinance of the Ministry of Environment): |
| 1. | Details of the regional development plan; |
| 2. | Apportionment of the pollution load to each local government and each section of the river basin; |
| 3. | The total pollution load discharged from his/her jurisdiction and a plan for the reduction of the total pollution load; |
| 4. | The pollution load additionally discharged due to the regional development plan and a plan for the reduction of the pollution load. |
| (2) | When each Mayor/Do Governor intends to establish or amend the basic plan pursuant to paragraph (1), he/she may prepare a draft of the plan or amended plan and hold a public hearing to hear opinions from local residents, interested parties, and appropriate experts. |
| (3) | Standards for the approval of the basic plan shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 8-3 (Formulation, Implementation, etc. of Action Plan for Total Pollution Load Control) |
| (1) | A Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun (excluding the head of a Gun under the jurisdiction of a Metropolitan City; hereinafter the same shall apply) shall formulate and implement an action plan for total pollution load control (hereinafter referred to as "action plan") in which the following matters are included in accordance with the basic plan, as prescribed by Ordinance of the Ministry of Environment: Provided, that the same shall not apply to areas recognized by the Minister of Environment as achieving and maintaining the target water quality under Article 8 (1) as prescribed by Ordinance of Ministry of Environment, other than the areas prescribed by Presidential Decree: <Amended by Act No. 12369, Jan. 28, 2014; Act No. 13889, Jan. 27, 2016> |
| 1. | Yearly regional development plans; |
| 2. | Yearly allocation of pollution load of each local government and of each section of river basins; |
| 3. | Yearly implementation plan for pollution load reduction; |
| 4. | Other matters necessary for the execution of the total pollution load control. |
| (2) | Where deemed necessary for formulating the action plan, a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may hear opinions from relevant experts and local residents and shall disclose such formulated action plan to the public through the Internet web-site, etc. <Amended by Act No. 12369, Jan. 28, 2014> |
| (3) | Where a Special Metropolitan City Mayor or a Metropolitan City Mayor intends to formulate or amend the action plan, he/she shall obtain approval thereof from the head of the competent regional environmental office, as prescribed by Ordinance of the Ministry of Environment, while the head of each Si/Gun shall obtain approval classified as follows, as prescribed by Ordinance of the Ministry of Environment: Provided, That the foregoing shall not apply to a minor modification as specified by Ordinance of the Ministry of Environment: <Amended by Act No. 12369, Jan. 28, 2014> |
| 1. | An area for which the target water quality of each section of the river basin has been publicly notified pursuant to the main body of Article 8 (1): Approval from the head of the competent regional environmental office through the competent Do Governor; |
| 2. | An area for which the target water quality of each section of the river basin has been publicly notified pursuant to the proviso to Article 8 (1): Approval from the competent Do Governor, following consultation with the head of the competent regional environmental office. |
| (4) | A Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall prepare a report on the evaluation of the performance of the action plan for the previous year (hereinafter referred to as "evaluation report") and shall submit such report to the head of the competent regional environmental office and the Han River Watershed Management Committee under Article 24, as prescribed by Ordinance of the Ministry of Environment. In such cases, the head of a Si/Gun shall submit such evaluation report through the competent Do Governor. <Amended by Act No. 12369, Jan. 28, 2014> |
| (5) | With respect to Sis/Guns that exceed pollution load allocated by year, the competent Do Governor may prepare and submit an evaluation report, notwithstanding paragraph (4). <Newly Inserted by Act No. 12369, Jan. 28, 2014> |
| (6) | After reviewing the evaluation report submitted under paragraphs (4) and (5), the head of each regional environmental office may request the head of the local government who prepared the relevant evaluation report to formulate and execute measures or countermeasures as may be necessary for facilitating the action plan. In such cases, the head of a local government in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended by Act No. 12369, Jan. 28, 2014> |
[This Article Wholly Amended by Act No. 10335, May 31, 2010]
| Article 8-4 (Apportionment of Pollution Load to Business Establishments, etc.) |
| (1) | The Minister of Environment or a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may apportion the pollution load or determine the permissible discharge load for each final discharge outlet or for each unit period to a person designated by Ordinance of Ministry of Environment as prescribed by Ordinance of Ministry of Environment, among persons subject to water quality standards for discharge water, permitted discharge standards or permissible discharge standards under the following subparagraphs, as prescribed by Presidential Decree. In such cases, the Minister of Environment or a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall take necessary measures to make interested parties informed of the details of the determination in advance: <Amended by Act No. 13603, Dec. 22, 2015; Act No. 14532, Jan. 17, 2017> |
| (2) | The Minister of Environment shall consult in advance with the The Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun, whenever he/she intends to apportion the pollution load or determine the permissible discharge load pursuant to paragraph (1). |
| (3) | The Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall, whenever he/she intends to apportion the pollution load or determine the permissible discharge load pursuant to paragraph (1), consult with interested parties in advance. |
| (4) | A person who has the pollution load apportioned or has the permissible discharge load determined pursuant to paragraph (1) (excluding those who shall install measuring instruments in accordance with Article 38-2 of the Water Environment Conservation Act) shall install and operate instruments for measuring the pollution load and the discharge load in his/her business establishment, as prescribed by Ordinance of the Ministry of Environment, and shall keep and preserve the records of the results of measurements. <Amended by Act No. 14532, Jan. 17, 2017> |
| (5) | The Minister of Environment or a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may order a person to whom the pollution load has been apportioned or for whom the permissible discharge load has been determined pursuant to paragraph (1) to submit a report or data necessary for confirming whether the pollution load apportioned or the permissible discharge load determined has been complied with and may assign appropriate public officials to enter the relevant facility or business establishment to collect pollutants or inspect relevant documents, facilities, and equipment. Each public official who makes such entry and inspection shall carry an identification certificate showing his/her authority with him/her and produce it to related parties. |
| (6) | The Minister of Environment or a Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may order a business operator who discharges pollutants in excess of the pollution load apportioned or the permissible discharge load determined pursuant to paragraph (1) to take necessary measures such as improvement of facilities for the prevention of pollution. |
| (7) | A person who is ordered to take measures pursuant to paragraph (6) shall submit an improvement plan to the Minister of Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun, as prescribed by Ordinance of the Ministry of Environment, and shall report his/her performance to the Minister of Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun without delay when he/she completes the performance as ordered. |
| (8) | If a person who is ordered to take measures pursuant to paragraph (6) fails to perform such order, or continues to exceed the pollution load apportioned or the determined permissible discharge load determined pursuant to paragraph (1) even though he/she has performed such order within the given period, the Minister of Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor, or the head of the competent Si/Gun may order such person to suspend the operation of the relevant facility at issue completely or partially for a period of not more than six months or to close down the relevant facility. In such cases, an order to close down a facility shall be issued only where deemed impossible to lower pollutants even by improving or supplementing the facility to the pollution load apportioned or the permissible discharge load determined. |
| (9) | The criteria for issuing an order to suspend the operation of a facility or close down a facility pursuant to paragraph (8) shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 8-5 (Penalty Surcharge for Excess Total Pollution Load) |
| (1) | The Minister of Environment or the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall levy and collect a penalty surcharge for excess total pollution load (hereinafter referred to as "penalty surcharge for excess total pollution load") from a person that has discharged pollutants in excess of the pollution load apportioned or the permissible discharge load determined pursuant to Article 8-4 (1). <Amended by Act No. 13889, Jan. 27, 2016> |
| (2) | Where it is intended to levy a penalty surcharge for excess total pollution load pursuant to paragraph (1) but a charge for discharge under Article 15 (1) of the Act on the Integrated Control of Pollutant-Discharging Facilities or Article 41 of the Water Environment Conservation Act or a penalty surcharge under Article 12 of the Act on the Control and Aggravated Punishment of Environmental Offenses, etc. (limited to penalty surcharges levied on water quality) has already been levied in relation to the relevant pollutant, the amount equivalent thereto shall be deducted from such penalty surcharge for excess total pollution. <Amended by Act No. 12369, Jan. 28, 2014; Act No. 13603, Dec. 22, 2015; Act No. 13889, Jan. 27, 2016; Act No. 14532, Jan. 17, 2017> |
| (3) | A penalty surcharge for excess total pollution load shall be calculated by multiplying the benefit from excess discharge (referring to costs and expenses that a person does not need to pay for the disposal of pollutants by discharging pollutants more than permitted) by the levy factor applicable to each excess rate, the levy factor applicable to each region, and the levy factor applicable to the frequency of violations, but more specific method of calculation and other necessary matters shall be prescribed by Presidential Decree. <Amended by Act No. 13889, Jan. 27, 2016> |
| (4) | Where a person obligated to pay a penalty surcharge for excess total pollution load in accordance with paragraph (1) fails to pay it by the payment deadline, an additional charge shall be collected. <Amended by Act No. 13889, Jan. 27, 2016> |
| (6) | The penalty surcharge for excess total pollution load and the additional charge under paragraph (4) shall be accounted for revenue for the special accounts for environmental improvement under the Act on Special Accounts for Environmental Improvement. <Amended by Act No. 13889, Jan. 27, 2016> |
| (7) | The Minister of Environment may pay collection expenses from some of penalty surcharges for excess total pollution load and additional charges levied and collected by the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun, as prescribed by Presidential Decree. <Amended by Act No. 13889, Jan. 27, 2016> |
| (8) | Where a person obligated to pay a penalty surcharge for excess total pollution load and an additional charge fails to pay the charges by the deadline given for the payment, the Minister of Environment or the Special Metropolitan City Mayor, the competent Metropolitan City Mayor or the head of the competent Si/Gun shall collect the charges in the same manner as delinquent national taxes or in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013; Act No. 13889, Jan. 27, 2016> |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 8-6 (Penalty Surcharge) |
| (1) | The Minister of Environment or the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may levy a penalty surcharge not exceeding 300 million won on a person who has discharged pollutants in excess of the pollution load apportioned or the permissible discharge load determined pursuant to Article 12 (1) in stead of the suspension of business operation, where it is intended to order the person to suspend his/her business operation pursuant to Article 8-4 (8) but the specific case falls under any of the following subparagraphs: Provided, That no penalty discharge shall be levied in stead of the suspension of business operation in the cases specified by Ordinance of the Ministry of Environment: |
| 1. | Where it is anticipated to bring about a significant trouble to the local residents' livelihood; |
| 2. | Where the Minister of Environment finds that it seriously affect the national economy, such as employment and prices; |
| 3. | Where the Minister of Environment finds it necessary for public interest otherwise. |
| (2) | Necessary matters concerning the amount of a penalty surcharge to be levied according to the degree of an offense pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | The Minister of Environment or the Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun may aggravate or mitigate a penalty surcharge by not more than one half of the amount of the penalty surcharge under paragraph (2), taking into consideration the size of each business establishment, the details of business activities, the degree and frequency of offenses, etc: Provided, That even in cases of aggravation, the total amount of a penalty surcharge shall not exceed 300 million won. |
| (4) | As to the procedure for the collection of penalty surcharges, Article 8-5 (6) through (8) shall apply mutatis mutandis. |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 8-7 (Limitations on Permission) |
| (1) | Where the pollution load allocated by year exceeds in an evaluation report under Article 8-3 (4) and (5), the Minister of Environment, Mayors/Do Governors or heads of Sis/Guns (including the heads of Guns within the jurisdiction of Metropolitan Cities; hereinafter the same shall apply in this Article) or of Gus may refuse to grant permission for the construction of a new building or the installation of a wastewater discharge facility or a waste-generating facility, notwithstanding Article 11 of the Building Act, Article 6 of the Act on the Integrated Control of Pollutant-Discharging Facilities, Article 33 of the Water Environment Conservation Act, or Article 11 of the Act on the Management and Use of Livestock Excreta. <Amended by Act No. 12369, Jan. 28, 2014; Act No. 13603, Dec. 22, 2015; Act No. 14532, Jan. 17, 2017> |
| (2) | Where the Minister of Environment, a Mayor/Do Governor or the head of a Si/Gun/Gu refuses to grant construction permission pursuant to paragraph (1), he/she shall publicly notify the area, period, and matters subject to the restriction on permission in advance, as prescribed by Ordinance of the Ministry of Environment. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to the public notification. <Amended by Act No. 12369, Jan. 28, 2014> |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 8-8 (Sanctions against Non-Performance of Total Pollution Load Control, etc.) |
| (1) | Where any City/Do or Si/Gun (excluding a Gun within the jurisdiction of a Metropolitan City; hereinafter the same shall apply) has discharged pollutants in excess of the pollution load apportioned pursuant to Article 8-2 (1) 2 or has not formulated or implemented the basic plan or the action plan without any extenuating grounds, the head of the related administrative agency shall not grant approval or permission to the City/Do, or the Si/Gun for any of the following activities: |
| 4. | Construction of a building or facility not smaller than the size specified by Presidential Decree. |
| (2) | Where the head of a relevant administrative agency violates paragraph (1) or the head of a local government fails to comply with a request under Article 8-3 (6), the Minister of Environment or the head of the relevant administrative agency may take any of the following measures: <Amended by Act No. 12369, Jan. 28, 2014; Act No. 14532, Jan. 17, 2017> |
| 1. | Suspension or curtailment of financial support or other necessary financial measures; |
| (3) | Where the Minister of Environment imposes a restriction pursuant to paragraph (2) 2, he/she shall publicly notify the facilities and areas subject to the restriction. In such cases, Article 8 of the Framework Act on the Regulation of Land Use shall apply mutatis mutandis to the public notification. |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 9 (Exemption from Application of Restriction on Activities) |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 10 (Preferential Subsidization for Costs and Expenses for Total Pollution Load Control) |
The Han River Watershed Management Committee under Article 24 may partially grant a subsidy for costs and expenses for the total pollution load control to Cities/Dos and Sis/Guns that formulate and implement the basic plan and the action plan for the total pollution load control, as prescribed by Presidential Decree. [This Article Wholly Amended by Act No. 10335, May 31, 2010]
CHAPTER IV IMPLEMENTATION OF PROGRAMS FOR SUPPORTING RESIDENTS, ETC.
| Article 11 (Resident Support Programs) |
| (1) | Each management authority shall formulate and implement a plan for programs for supporting residents or areas falling under any of the following subparagraphs (hereinafter referred to as the "resident support programs"). In such cases, the programs shall be subject to prior deliberation by the Han River Watershed Management Committee under Article 24: <Amended by Act No. 9314, Dec. 31, 2008; Act No. 12369, Jan. 28, 2014> |
| 1. | Areas under water-source management and residents in such area; |
| 1-2. | Owners of land, buildings, etc. in an area under water-source management who are living in the Si/Gun/Autonomous Gu (hereinafter referred to as "Si/Gun/Gu") having jurisdiction over the relevant area under water-source management and villages in which such residents are living; |
| 2. | Areas recognized by the Minister of Environment within the Han River basin, in which the annual average water quality has been maintained within the standards prescribed by Presidential Decree by residents' voluntary efforts for more than a period specified by Ordinance of the Ministry of Environment; |
| 3. | Areas of Sis/Guns/Gus having jurisdiction over areas under water-source management and meeting the criteria that are prescribed by Ordinance of the Ministry of Environment in consideration of the size, population, etc. of the areas under water-source management. |
| (2) | The types of resident support programs shall be as follows: <Amended by Act No. 9314, Dec. 31, 2008> |
| 1. | Programs to increase income, such as assistance in installing facilities related to agriculture, forestry, or the livestock industry and organic farming; |
| 2. | Programs to improve welfare, such as assistance in installing facilities for convenience of residents; |
| 3. | Educational programs, such as the supply of instruments and materials for education; |
| 4. | Programs to assist the installation and improvement of facilities for purifying pollutants and sewerage systems prescribed by Presidential Decree; |
| 5. | Assistance in the resettlement or occupational change of people who are deemed to have difficulties in maintaining their livelihood with their trade due to the restriction on activities under Article 7 (3) 2 of the Water Supply and Waterworks Installation Act as a result of the designation of an area under water-source management; |
| 6. | Other direct or indirect supporting programs prescribed by Presidential Decree, such as subsidization of improvements to residences. |
| (3) | Necessary matters concerning the formulation, implementation procedures, detailed contents of a plan for the resident support programs, the criteria for the allocation of financial resources, and the scope of residents or areas eligible for the resident support programs shall be prescribed by Presidential Decree. <Amended by Act No. 9314, Dec. 31, 2008; Act No. 12369, Jan. 28, 2014> |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 11-2 (Management of Real Estate Acquired through Resident Support Programs) |
| (1) | With respect to real estate, such as land acquired through the resident support programs, no residents' community, such as a village council prescribed by Presidential Decree, shall transfer nor establish the restricted real right on the relevant real estate without the consent of the management authority. |
| (2) | A residents' community under paragraph (1) shall register additionally to the ownership registration for the land and other real estate acquired through the resident support programs as prescribed by Presidential Decree to the effect that the relevant property shall not become an object of transfer, establishment of the restricted real right, seizure, provisional seizure, provisional disposition, etc. without the consent of the management authority. |
| (3) | An application for additional registration under paragraph (2) shall be filed concurrently with ownership preservation registration or transfer registration. |
| (4) | A contract, disposition or other acts, which is or are concluded, taken or conducted in violation of the details of additional registration after such registration is filed, shall be invalid. |
[This Article Newly Inserted by Act No. 12368, Jan. 28, 2014]
| Article 11-3 (Support for Environment-Friendly Clean Projects) |
| (1) | The management authority having jurisdiction over the upper region of the Jamsil Underwater Weir may formulate and implement project plans (hereinafter referred to as “environment-friendly clean projects) that will promote sustainable regional development while minimizing the pollution of water. In such cases, such plans shall be referred to the Han River Watershed Management Committee for deliberation under Article 24. |
| (2) | The Han River Watershed Management Committee shall establish allocation principles for its support for environment-friendly clean projects, taking account of allocation elements deemed to contribute to preserving the quality of water sources, such as forest areas and Han River basin areas under Article 2 of the Creation and Management of Forest Resources Act. |
| (3) | Matters necessary for the implementation of environment-friendly clean projects, such as procedures for the formulation and implementation thereof shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Act No. 13172, Feb. 3, 2015]
| Article 12 (Technical and Financial Support, etc.) |
The Minister of Environment and heads of related central administrative agencies may provide business establishments in an area under Article 11 (1) 1 or 2 with technical and financial support necessary for the installation, operation, and management of facilities for the prevention of pollution, as prescribed by Presidential Decree. <Amended by Act No. 9314, Dec. 31, 2008> [This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 12-2 (Subsidization for Operation of Facilities for Prevention of Water Pollution) |
The Han River Watershed Management Committee under Article 24 may partially grant subsidies for the expenses incurred in the operation of facilities for the prevention of water pollution, as prescribed by Presidential Decree, where a person who has installed and operates a wastewater discharge facility or a public wastewater treatment facility specified by Ordinance of the Ministry of Environment discharges wastewater within the standards prescribed by Ordinance of the Ministry of Environment. <Amended by Act No. 13879, Jan. 27, 2016> [This Article Newly Inserted by Act No. 8614, Aug. 3, 2007]
CHAPTER V MEASURES FOR FACILITATION, ETC. OF INSTALLATION OF ENVIRONMENTAL INFRASTRUCTURE FACILITIES
| Article 13 (Projects for Improvement of Water Quality) |
| (1) | A Special Metropolitan City Mayor, each Metropolitan City Mayor and the head of each Si/Gun shall formulate and implement a plan for projects for improving water quality (hereinafter referred to as "plan for water quality improvement project"), including the following matters. In such cases, the Special Metropolitan City Mayor and each Metropolitan City Mayor shall obtain approval from the Minister of Environment with respect to such plan, while the head of each Si/Gun shall consult with the competent Do Governor on such plan before obtaining approval thereof from the Minister of Environment: <Amended by Act No. 10335, May 31, 2010> |
| 1. | A detailed plan for the implementation of the comprehensive plan under Article 24 (1) 1; |
| 2. | A plan for the installation, operation, and management of environmental infrastructure facilities; |
| 3. | A plan for securing financial resources, such as local expenditure; |
| 4. | Other matters specified by Ordinance of the Ministry of Environment for the improvement of the quality of water sources. |
| (2) | The Special Metropolitan City Mayor, each Metropolitan City or Si/Gun that has formulated and implements the action plan pursuant to Article 8-3 shall be deemed to have implemented a plan for water quality improvement project. <Amended by Act No. 10335, May 31, 2010> |
| (3) | Except as provided for in paragraphs (1) and (2), matters necessary for the formulation and implementation of a plan for water quality improvement project shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted by Act No. 10335, May 31, 2010> |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 14 (Expropriation, etc. of Land, Things or Rights) |
| (3) | In cases falling under any of the following subparagraphs, the Minister of Environment, the Special Metropolitan City Mayor, Metropolitan City Mayors, or the heads of Sis/Gus shall notify the persons concerned of the matters classified in the following subparagraphs without delay as prescribed by Presidential Decree: <Amended by Act No. 12369, Jan. 28, 2014> |
| 1. | The Minister of Environment: Where he/she has published an implementation plan for riparian ecological belts under Article 4-3, the details thereof; |
| 2. | Special Metropolitan City Mayor, Metropolitan City Mayors and the heads of Sis/Guns: Where the Minister of Environment has approved a plan for a water quality improvement project under Article 13, the details thereof. |
| (4) | The Central Land Tribunal shall have jurisdiction over the adjudication on the expropriation of land, things or rights under paragraph (1). <Amended by Act No. 12369, Jan. 28, 2014> |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 15 (Constructive Authorization, Permission, etc.) |
| (1) | Where the Minister of Environment publishes an implementation plan for riparian ecological belts or the Minister of Environment approves a plan for water quality improvement project, the project implementer shall be deemed to have received the permission, designation, approval, authorization, cancellation, etc. (hereinafter referred to as "authorization or permission") as follows: <Amended by Act No. 8820, Dec. 27, 2007; Act No. 8976, Mar. 21, 2008; Act No. 9758, Jun. 9, 2009; Act No. 9763, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010; Act No. 12248, Jan. 14, 2014; Act No. 12368, Jan. 28, 2014; Act No. 14480, Dec. 27, 2016> |
| 17. | Deleted. <by Act No. 10272, Apr. 15, 2010> |
| (2) | When the Minister of Environment publishes an implementation plan for riparian ecological belts under Article 4-3 or approves a plan for water quality improvement project under Article 13, he/she shall consult with the heads of relevant administrative agencies in advance, where the plan includes matters falling under any subparagraph of paragraph (1). <Amended by Act No. 12369, Jan. 28, 2014> |
| (3) | The head of a relevant administrative agency in receipt of a request for consultation under paragraph (2) shall submit opinions within 20 days from the date of receipt of such request, and if no opinion is submitted within such period, he/she shall be deemed to have no opinion. <Newly Inserted by Act No. 12369, Jan. 28, 2014> |
| (4) | Where the head of a related central administrative agency in charge of matters falling under any subparagraph of paragraph (1) establishes guidelines and the procedure for processing such matters, he/she shall notify such guidelines and procedure to the Minister of Environment without delay. |
| (5) | Upon receipt of notices of guidelines and the procedure for processing any matter under paragraph (4), the Minister of Environment shall consolidate such guidelines and procedures and publicly notify them. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 15-2 Deleted. <by Act No. 15104, Nov. 28, 2017> |
| Article 15-3 (Management of Culverts or Conduits, etc.) |
| (1) | A person that has installed and operates drainage conduits under Article 51 of the Water Environment Conservation Act (hereinafter referred to as "project owner" in this Article) shall inspect the culverts or conduits on a regular basis, as prescribed by Ordinance of the Ministry Environment. In such cases, if any problem is found in the culverts or conduits, necessary measures shall be taken, such as repairing or replacing them so that the culverts or conduits can keep their normal functions, and the details of such measures taken shall be recorded and kept for ten years from the date of the last entry of the records. <Amended by Act No. 11915, Jul. 16, 2013; Act No. 13889, Jan. 27, 2016; Act No. 14532, Jan. 17, 2017> |
| (2) | The Minister of Environment may demand a project owner to submit a report on the results of an inspection conducted or measures taken pursuant to paragraph (1). In such cases, the project owner shall submit the report without delay. |
| (3) | The Minister of Environment may order a project owner to improve facilities or to take other necessary measures, if the project owner has not taken necessary measures in accordance with paragraph (1). |
[This Article Newly Inserted by Act No. 8614, Aug. 3, 2007]
| Article 15-4 (Area subject to Restriction on Installation of Waste Landfill Facilities) |
The head of a related administrative agency shall not grant a permission or approval for the installation of a landfill facility, a kind of waste disposal facilities defined in subparagraph 8 of Article 2 of the Wastes Control Act, in an area within the distance specified by Presidential Decree from the boundary of the main stream of the Han River and tributaries that flow directly into the river. [This Article Newly Inserted by Act No. 8614, Aug. 3, 2007]
CHAPTER VI SECURING AND MANAGEMENT OF FINANCIAL RESOURCES
| Article 16 (Establishment of Special Account for Improvement of Water Quality) |
| (1) | In order to secure funds for costs and expenses for water quality improvement projects and resident support programs, each City/Do or Si/Gun/Gu may establish a special account for the improvement of water quality (hereinafter referred to as "special account"). <Amended by Act No. 10335, May 31, 2010; Act No. 12369, Jan. 28, 2014> |
| (2) | Each special account shall be managed and operated by the relevant Mayor/Do Governor and the head of a relevant Si/Gun/Gu respectively. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 17 (Revenue and Expenditure of Special Account) |
| (1) | The revenue of special account shall be as follows: |
| 1. | Subsidies from the State or the competent City/Do; |
| 2. | Funds transferred from general accounts and other special accounts; |
| 3. | Funds transferred from the Han River Watershed Management Fund under Article 20; |
| 5. | Gains accrued from the fund management under subparagraphs 1 through 4. |
| (2) | The expenditure of special account shall be as follows: <Amended by Act No. 10335, May 31, 2010; Act No. 12369, Jan. 28, 2014> |
| 1. | Costs and expenses for projects under subparagraphs of Article 22 (excluding subparagraphs 1, 6 and 8 of the aforementioned Article); |
| 2. | Other costs and expenses for the projects prescribed by Presidential Decree for the improvement of the quality of water sources. |
| (3) | Necessary matters for the budgeting, settlement, and management of special account shall be prescribed by municipal ordinance of the competent local government. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 18 (Special Measures for Financing) |
| (1) | The State may increase financial support for local governments that implement a water quality improvement project, if deemed necessary in efficiently implementing the water quality improvement project. |
| (2) | The State may grant subsidies or loans or provide other support to a local government having jurisdiction over a water-source management area for costs and expenses for the water quality improvement project, in preference to other areas. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 19 (Levying and Collection of Water Use Charges) |
| (1) | In order to raise funds for programs for supporting residents and water quality improvement projects, each waterworks business operator shall levy and collect a charge in proportion to water consumption (hereinafter referred to as "water use charge"), as prescribed by Presidential Decree, from each end user to whom raw water drawn from public waters specified by Presidential Decree is supplied as is or as purified and shall transfer the charge to the Han River Watershed Management Fund under Article 20: Provided, That the foregoing shall not apply to any of the following cases: |
| 1. | Where an end user resides in a water-source management area; |
| 2. | Where such water is used for maintaining the water level of a river. |
| (2) | A person under any of the following subparagraphs shall, when he/she draws water from public waters specified by Presidential Decree, pay the water use charge directly to the Han River Watershed Management Fund under Article 20 in proportion to the volume of raw water he/she draws, as prescribed by Presidential Decree: |
| (3) | Notwithstanding paragraph (2) 2, a person falling under any of the following subparagraphs shall be exempted from the levying of the water use charge: |
| 2. | A person who uses, for agriculture, water from a river. |
| (4) | Each waterworks business operator shall submit data necessary for the calculation and forecasting of the water use charge, such as intake volume, supplied volume, and loss rate, to the Han River Watershed Management Committee under Article 24, as prescribed by Presidential Decree. |
| (5) | Necessary matters concerning the methods for the calculation, levying, and collection of the water use charge and the payment procedure shall be prescribed by Presidential Decree. |
| (6) | A person who uses water from a river under paragraph (2) 2 may have the water use charge abated or exempted, as prescribed by Presidential Decree. |
| (7) | If a person obligated to pay the water use charge fails to pay the water use charge, the competent waterworks business operator may collect the charge in the same manner as delinquent local taxes are collected. In such cases, if a waterworks business operator is not a local government, collection may be entrusted to the head of the local government having the jurisdiction over the area, as prescribed by Presidential Decree. |
| (8) | If a person under any subparagraph of paragraph (2) fails to pay the water use charge to the Han River Watershed Management Fund under Article 20, the Minister of Environment may collect the charge in the same manner as delinquent national taxes are collected. |
| (9) | The Minister of Environment shall transfer the water use charges collected pursuant to paragraph (8) to the Han River Watershed Management Fund under Article 20. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 20 (Establishment of Han River Watershed Management Fund) |
In order to efficiently manage water use charges levied and collected pursuant to Article 19, the Han River Watershed Management Fund (hereinafter referred to as the "Fund") shall be established within the Han River Watershed Management Committee under Article 24. [This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 21 (Financial Resources of Fund) |
The Fund shall be raised from the following financial resources:
| 2. | Income accrued from land, etc. purchased and sale prices of the land, etc.; |
| 3. | Cash, goods, and other property contributed by a person other than the State; |
| 4. | Temporary borrowings (limited to the maximum expected revenue of water use charges for each year); |
| 5. | Gains from the management of the Fund. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 22 (Purposes of Use of Fund) |
The Fund shall be used for the purposes of any of the following: <Amended by Act No. 10335, May 31, 2010; Act No. 12369, Jan. 28, 2014; Act No. 13172, Feb. 3, 2015; Act No. 13889, Jan. 27, 2016>
| 1. | Indemnification of losses sustained by cultivators due to restrictions under Article 6-2 (1); |
| 1-3. | Subsidization for expenses necessary for water quality control in the area that maintains water quality equivalent to or higher than the quality level specified by Presidential Decree, among the areas that have accomplished and maintained the target water quality under Article 8 (1); |
| 1-4. | Assistance in the operation of the survey and research team under Article 8 (5); |
| 1-5. | Subsidization for expenses for the total pollution load control under Article 10; |
| 2. | Resident support programs; |
| 3. | Assistance in the operation of facilities for the prevention of water pollution under Article 12-2; |
| 4. | Assistance in the installation and operation of environmental infrastructure facilities under Article 13 (1) 2; |
| 5. | Money transferred to special accounts; |
| 6. | Subsidization for expenses necessary for levying and collecting water use charges; |
| 7. | Operation of the Han River Watershed Management Committee under Article 24; |
| 8. | Subsidization for expenses necessary for the implementation of improvements as requested pursuant to Article 28 (1); |
| 9. | Support for environment-friendly clean projects; |
| 10. | Other projects specified by Presidential Decree to improve the quality of water sources. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 23 (Operation and Management of Fund) |
| (1) | The Fund shall be operated and managed by the Han River Watershed Management Committee under Article 24. |
| (2) | In order to efficiently operate and manage the Fund, the Han River Watershed Management Committee shall formulate and implement every five years a fund operation plan including the following matters: <Newly Inserted by Act No. 12369, Jan. 28, 2014> |
| 1. | Matters concerning revenues and expenditures and prospects of operation of the Fund in which a water quality improvement plan is reflected; |
| 2. | Matters concerning imposition and collection of water use charges and fund creation plan with each financial resource under the subparagraphs of Article 21; |
| 3. | Other matters for the efficient operation and management of the Fund determined by the Han River Watershed Management Committee. |
| (3) | The Han River Watershed Management Committee shall evaluate the outcomes of operation of the Fund and reflect the result in the operation of the Fund. <Newly Inserted by Act No. 12369, Jan. 28, 2014> |
| (4) | Necessary matters for the operation and management of the Fund other than those as provided in paragraphs (1) through (3) shall be prescribed by Presidential Decree. <Amended by Act No. 12369, Jan. 28, 2014> |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 24 (Establishment of Han River Watershed Management Committee) |
| (1) | The Han River Watershed Management Committee (hereinafter referred to as the "Committee") shall be established in order to discuss and adjust the following matters for controling the quality of water sources in the Han River basin: |
| 1. | The comprehensive plan for reducing pollutants for the improvement of water quality of the Han River basin; |
| 2. | Matters concerning the establishment of the basic plan for the management of riparian zones; |
| 3. | Matters concerning the levying and collection of water use charges; |
| 4. | Matters concerning the operation and management of the Fund; |
| 5. | Other matters prescribed by Presidential Decree. |
| (2) | The Committee shall be a corporation. |
| (3) | The Committee shall be chaired by the Vice Minister of Environment, and committee members shall be the following persons: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013> |
| 1. | Persons in charge of river management who are appointed by the Minister of Land, Infrastructure and Transport, from among public officials in general service belonging to the Senior Civil Service in the Ministry of Land, Infrastructure and Transport; |
| 2. | The Deputy Mayor or Deputy Governor of the Special Metropolitan City, Incheon Metropolitan City, Gyeonggi-do, and Chungcheongbuk-do (referring to a person appointed by the competent Mayor/Do Governor, if the local government has two or more Deputy Mayors or Deputy Governors); |
| (4) | The chairperson shall represent the Committee and shall have overall control over the affairs of the Committee. |
| (5) | Local governments relevant to the Han River basin shall comply with decisions made by the Committee. |
| (6) | The Committee may have a secretariat that assists the Committee in carrying out its affairs, as prescribed by Presidential Decree. |
| (7) | Except as provided for in this Act, the provisions regarding incorporated associations in the Civil Act shall apply mutatis mutandis to the Committee. |
| (8) | Matters concerning the operation of the Committee and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 24-2 (Establishment of Council for Policy on Conservation of Water Quality in Special Measure Areas) |
| (1) | The Committee may have the council for the policy on conservation of water quality in special measure areas (hereinafter referred to as the "Council"), comprised of the following persons, if necessary for the conservation of water quality in the special measure area publicly notified pursuant to Article 22 of the Framework Act on Environmental Policy and the improvement of the quality of the life of local residents: |
| 1. | Public officials belonging to the Ministry of Environment; |
| 2. | Public officials belonging to local governments related to the special measure areas; |
| 3. | Residents' representatives recommended by the head of each local government related to the special measure areas. |
| (2) | The Committee and a local government involved in the special measure areas prescribed in paragraph (1) may subsidize expenses necessary for the operation and activities of the Council. <Amended by Act No. 13889, Jan. 27, 2016> |
| (3) | Matters necessary for the composition, functions, and operation of the Council shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 25 (Authorities Responsible for Accounting of Fund) |
| (1) | The secretariat shall have an officer responsible for ordering disbursement and receipt of the Fund and an officer responsible for disbursement and receipt of the Fund in order to carry out works related to the revenue and expenditure of the Fund. |
| (2) | As to the officer responsible for ordering disbursement and receipt of the Fund and the officer responsible for disbursement and receipt of the Fund, the Act on Liability of Accounting Personnel, etc. shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 26 (Establishment of Exclusively Responsible Organization) |
| (1) | The State shall establish an exclusively responsible organization in order to efficiently carry out the improvement of the quality of water sources in the Han River basin. |
| (2) | Deleted. <by Act No. 10616, Apr. 28, 2011> |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 27 (Assistance in Non-Governmental Organizations' Activities for Surveillance of Water Quality) |
The State and each local government may assist non-governmental organizations in their activities for the surveillance and conservation of water quality for the conservation of the quality of water sources in the Han River basin.
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 28 (Request, etc. for Improvement) |
| (1) | If it is found that the quality of water sources have deteriorated or are likely to deteriorate due to lack of rainfall or an outbreak of algae, the Minister of Environment may request any of the following persons to increase the volume of water discharged from a dam, to dredge water sources, to remove algae, and to clean the area around water sources and the surface of the water: |
| 1. | The competent Mayor/Do Governor; |
| 2. | The head of the competent Si/Gun/Gu; |
| 3. | Waterworks business operators; |
| 6. | A person who has de facto control over the water as an owner or an occupant. |
| (2) | The Minister of Environment or the head of a related local government may request the head of a related administrative agency to revoke authorization, permission, or similar, suspend construction works, issue an order to improve, relocate, or remove a facility, or take other necessary measures in relation to a person who violates this Act or an order issued or a disposition made pursuant to this Act. |
| (3) | Upon receipt of a request under paragraph (1) or (2), a person under any subparagraph of paragraph (1) or the head of a related administrative agency shall comply with the request, unless any exceptional circumstance exits, such as cases where the increase in the volume of water discharged from a dam is likely to cause a problem in water supply. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
The Minister of Environment, each Mayor/Do Governor, and the head of each Si/Gun/Gu shall hold a hearing, when he/she intends to issue an order to close down a facility pursuant to Article 8-4 (8). [This Article Newly Inserted by Act No. 10335, May 31, 2010]
| Article 29 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may delegate part of his/her authority under this Act to the head of each affiliated agency under his/her control, each Mayor/Do Governor, or the head of each Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | Some of the duties of the Minister of Environment prescribed in this Act may be entrusted to a relevant specialized institution, as prescribed by President Decree. |
[This Article Wholly Amended by Act No. 13889, Jan. 27, 2016]
| Article 29-2 (Legal Fictions as Public Officials in Application of Penalty Provisions) |
| 1. | A committee member prescribed in Article 24 (3) who is not a public official; |
| 2. | An executive officer or employee of the secretariat prescribed in Article 24 (6) who is not a public official; |
| 3. | An executive officer or employee of the relevant specialized institution engaged in entrusted duties prescribed in Article 29 (2). |
[This Article Newly Inserted by Act No. 13889, Jan. 27, 2016]
CHAPTER VIII PENALTY PROVISIONS
| Article 30 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won: <Amended by Act No. 10335, May 31, 2010; Act No. 13172, Feb. 3, 2015> |
| 1. | A person who violates a restriction on activities under Article 5 (1); |
| 2. | A person who installs a facility without permission under Article 5 (2); |
| 3. | A person who violates an order to suspend business operation or close down a facility under Article 8-4 (8). |
| (2) | A person who violates the restriction on activities under Article 6 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. <Amended by Act No. 13172, Feb. 3, 2015> |
| (3) | A person who fails to comply with an order to improve a facility under Article 15-3 (3) shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. |
[This Article Wholly Amended by Act No. 8614, Aug. 3, 2007]
| Article 31 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent, employee, or servant of a legal entity or an individual commits an offense under Article 30 in the scope of the business of the legal entity or the individual, not only shall such offender be punished accordingly, but the legal entity or the individual shall be punished by the fine prescribed in the applicable provisions: Provided, That the foregoing shall not apply where the legal entity or private individual has not neglected to take due care and supervision of the business to prevent such offense. [This Article Wholly Amended by Act No. 9314, Dec. 31, 2008]
| Article 32 (Administrative Fines) |
| (1) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding ten million won: <Newly Inserted by Act No. 10335, May 31, 2010; Act No. 12369, Jan. 28, 2014> |
| 1. | A person who uses pesticides or fertilizers in violation of Article 6-2 (1); |
| 1-2. | A person who fails to install or operate a measuring instrument under Article 8-4 (4); |
| 2. | A person who fails to keep or preserve records of the results of measurements under Article 8-4 (4) or who keeps or preserves false records of such results; |
| 3. | A person who rejects, interferes with, or evades the entry and inspection of a relevant public official under Article 8-4 (5). |
| (2) | A person who falls under any of the following subparagraphs shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 10335, May 31, 2010; Act No. 12369, Jan. 28, 2014; Act No. 15104, Nov. 28, 2017> |
| 1. | A person who fails to submit a report under Article 8-4 (5) or makes a false representation in such report or who fails to submit data or submits false data; |
| 2. | A person who fails to submit an improvement plan under Article 8-4 (7) or makes a false representation in such plan or fails to submit a report on the performance of an order or makes a false representation in such a report; |
| 3. | A person who fails to register additionally under Article 11-2 (2) or register additionally by false or other unjust methods; |
| 7. | A person who fails to conduct an inspection or to take a measure in accordance with Article 15-3 (1) or who fails to preserve records or preserves false records; |
| 8. | A person who fails to submit data under Article 15-3 (2) or submits false data. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Environment, or the Special Metropolitan City Mayor, each Metropolitan City Mayor, and the head of each Si/Gun. <Amended by Act No. 9314, Dec. 31, 2008; Act No. 10335, May 31, 2010> |
| (4) | and (5) Deleted. <by Act No. 9314, Dec. 31, 2008> |
[This Article Newly Inserted by Act No. 8614, Aug. 3, 2007]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Article 4 (4) and 24 shall enter into force one month after the date of promulgation. Article 2 Deleted. <by Act No. 8614, Aug. 3, 2007>
Article 3 (Transitional Measure concerning Preexisting Buildings in Riparian Zones)
A person who runs a business under Article 5 (1) 3 (including a person who is deemed to have been permitted to do so pursuant to Article 2 of the Addenda) or operates a sewage terminal treatment plant within a riparian zone under Article 4 (1) 1 as at the time this Act enters into force shall treat sewage from January 1, 2002 onward to lower the biochemical oxygen demand to ten milligrams per liter or less before discharging it. Article 4 Omitted.
ADDENDUM <Act No. 6362, Jan. 16, 2001>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7016, Dec. 30, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7459, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 7781, Dec. 29, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8010, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8283, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8343, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 8351, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8614, Aug. 3, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 19 (1) shall enter into force on the date of promulgation and the amended provisions of Article 19 (2) 2 shall enter into force on January 1, 2009. Articles 2 (Applicability to Purchased Land)
The amended provisions of Article 7 shall apply to the parcels of land for which a purchase application is filed on or after the enforcement date of this Act. Article 3 (Transitional Measure concerning Designation of Riparian Zones)
An area designated as a riparian zone pursuant to previous provisions shall be deemed to have been designated as a riparian area under this Act, if the area was designated as a control area pursuant to Article 36 (1) 2 of the National Land Planning and Utilization Act, but that has not been designated as a conservation and control area, a production control area, or a planned control area under an item of the aforesaid subparagraph before this Act enters into force. Article 4 (Transitional Measure concerning Control of Specific Substances Harmful to Water Quality)
A person who operates a facility discharging a specific substance harmful to water quality as at the time this Act enters into force shall submit the discharge reduction plan for the specific substance harmful to water quality under the amended provisions of Article 15-2 to the Minister of Environment within one year after this Act enters into force. Article 5 (Transitional Measures concerning Areas subject to Restriction on Installation of Waste Disposal Facilities)
| (2) | With respect to the areas subject to the restriction on installation of waste landfill facilities, the Minister of Environment shall prepare topographic drawings and other documents under Article 8 (3) of the Framework Act on the Regulation of Land Use within two years from the date this Act enters into force and shall publicly notify them through the Official Gazette. In such cases, Article 8 (7) through (9) of the aforesaid Act shall apply mutatis mutandis. |
Article 6 (Transitional Measure concerning Penalty Provisions)
Offenses committed before this Act enters into force shall be governed by the previous penalty provisions.
Article 7 Omitted.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9314, Dec. 31, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9432, Feb. 6, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9758, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10335, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Articles 8-3 through 8-8, 9, 10, 13, 28-2, 30 (1) 3, 32 (1), 32 (2) 1 and 2, and 32 (3) and Article 4 of the Addenda (limited to the provisions regarding Articles 8-3 and 8-5 through 8-8) shall enter into force on any of the following days, whichever is relevant: | 1. | Seoul Special Metropolitan City, Incheon Metropolitan City, and Gyeonggi-do: The date immediately after the third anniversary of the promulgation date; |
| 2. | Gangwon-do, Chungcheongbuk-do: The date specified by Presidential Decree with the evaluation on the enforcement for five years in the area specified by subparagraph 1 within ten years after the promulgation date. |
Article 2 (Transitional Measures concerning Implementation of Basic Plan and Action Plan)
| (1) | Each Mayor/Do Governor shall formulate the basic plan pursuant to the amended provisions of Article 8-2 within 18 months after this Act enters into force and shall file an application for approval thereof with the Minister of Environment: Provided, That in cases of Gangwon-do and Chungcheongbuk-do, the application for approval shall be filed with the Minister of Environment within 12 months from the enforcement date under subparagraph 2 of Article 1 of the Addenda. |
| (2) | The Special Metropolitan City Mayor, each Metropolitan City Mayor, and the head of each Si/Gun shall formulate the action plan pursuant to the amended provisions of Article 8-3 within six months from the enforcement date under the proviso to Article 1 and shall file an application for approval thereof with the head of the competent regional environmental office or the competent Do Governor: Provided, That in cases of each Si/Gun of Gangwon-do and Chungcheongbuk-do, the application for approval shall be filed with the head of the competent regional environmental office or the competent Do Governor within 24 months from the date this Act enters into force under subparagraph 2 of Article 1 of the Addenda. |
Article 3 (Transitional Measure concerning Plan for Total Pollution Load Control)
As to the exemption from the application of the restriction on activities and the preferential subsidization for the expenses for total pollution load control with regard to the areas for which a plan for total pollution load control has been formulated and implemented pursuant to former Article 8 before this Act enters into force, the previous provisions shall apply until the enforcement dates falling under subparagraphs of Article 1 of the Addenda, notwithstanding the amended provisions of Articles 9 and 10. Article 4 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 10616, Apr. 28, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10893, Jul. 21, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 6 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11915, Jul. 16, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 3 Omitted.
ADDENDA <Act No. 11979, Jul. 30, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12369, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 5 (1) 4 through 8 shall enter into force on January 1, 2016. Article 2 (Applicability to Submission of Opinions on Legal Fictions of Authorization, Permission, etc.)
The amended provisions of Article 15 (3) shall apply, starting from the plans for which the Minister of Environment requests consultation after this Act enters into force. Article 3 (Special Cases for Restrictions on Activities in Riparian Zones)
The managers of facilities falling under the amended provisions of Article 5 (1) 4 (limited to multi-family houses among detached houses under Article 2 (2) 1 of the Building Act) through 8 among facilities governed by the former provisions under Article 6 of Addenda shall discharge wastewater after treating it to keep the biochemical oxygen demand and suspended solids below ten milligrams per liter respectively, from the date on which three years elapse after this Act enters into force, notwithstanding the amended provisions of Article 5 (4). Article 4 (Special Cases for Formulation of Fund Operation Plan)
The Han River Watershed Management Committee shall formulate the initial fund operation plan under the amended provisions of Article 23 (2) within six months from the date on which this Act enters into force. Article 5 (Transitional Measures for Real Estate Acquired through Resident Support Programs)
A residents' community, such as village council which has acquired the ownership of land and other real estate through resident support programs before this Act enters into force shall file an additional registration under the amended provisions of Article 11-2 (2) within six months from the date on which this Act enters into force. Article 6 (Transitional Measures for Restrictions on Activities in Riparian Zones)
Notwithstanding the amended provisons of Article 5 (1) 4 through 8, the former provisions shall apply to restrictions on activities concerning facilities, etc. which have been already installed in riparian zones (including the change of purpose of use; hereinafter the same shall apply in this Article) or for which an application for permission, etc. or a report has been filed for installation under relevant Acts and subordinate statutes at the time when this Act enters into force.
ADDENDUM <Act No. 13172, Feb. 3, 2015>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30 (1) and 2 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13603, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2017.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13796, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2016.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 13879, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Act No. 13889, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 8-5, 29 and 29-2 shall enter into force six months after the date of its promulgation. Article 2 (Transitional Measures concerning Charges for Excess Total Load)
A charge for excess total load imposed under the previous provisions of Article 8-5 before the amended provisions of Article 8-5 enter into force shall be deemed a penalty surcharge for excess total pollution load. Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The previous provisions shall apply to the imposition of penalty provisions and administrative fines for acts committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 14480, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15104, Nov. 28, 2017>
This Act shall enter into force on January 18, 2018.