ENFORCEMENT DECREE OF THE WATER SUPPLY AND WATERWORKS INSTALLATION ACT
Wholly Amended by Presidential Decree No. 20243, Sep. 6, 2007
Amended by Presidential Decree No. 20521, Jan. 3, 2008
Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 20763, Apr. 3, 2008
Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 20846, jun. 20, 2008
Presidential Decree No. 21148, Dec. 3, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 21629, Jul. 16, 2009
Presidential Decree No. 21829, Nov. 17, 2009
Presidential Decree No. 21904, Dec. 24, 2009
Presidential Decree No. 22003, Jan. 27, 2010
Presidential Decree No. 22506, Nov. 26, 2010
Presidential Decree No. 22967, jun. 8, 2011
Presidential Decree No. 23267, Oct. 28, 2011
Presidential Decree No. 23313, Nov. 23, 2011
Presidential Decree No. 23416, Dec. 28, 2011
Presidential Decree No. 23557, Jan. 26, 2012
Presidential Decree No. 23784, May 14, 2012
Presidential Decree No. 23967, Jul. 20, 2012
Presidential Decree No. 24020, Aug. 3, 2012
Presidential Decree No. 24229, Dec. 12, 2012
Presidential Decree No. 24451, Mar. 23, 2013
Presidential Decree No. 24560, May 31, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25309, Apr. 15, 2014
Presidential Decree No. 25430, jun. 30, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25785, Nov. 28, 2014
Presidential Decree No. 27335, Jul. 12, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 27985, Apr. 11, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28243, Aug. 16, 2017
Presidential Decree No. 28471, Dec. 12, 2017
Presidential Decree No. 28583, Jan. 18, 2018
| Article 1-2 (Procedures for Consultation on Use of Water for Agricultural and Fishing Villages as Raw Water) |
[This Article Newly Inserted by Presidential Decree No. 23784, May 14, 2012]
| Article 2 (Scope of Wide-Area Waterworks) |
| (1) | The scope of wide-area waterworks the State may install pursuant to subparagraph 7 of Article 3 of the Act shall be as follows: <Amended by Presidential Decree No. 23784, May 14, 2012> |
| 1. | Supplying water using multipurpose dams, dams, etc. for water supply as its water source to ensure the reasonable use and distribution of water resources; |
| 2. | Supplying water by altering the watercourse system under the direct jurisdiction of a municipality; |
| 4. | Supplying water across the jurisdictions of two or more Metropolitan Cities/Dos. |
| (2) | The scope of wide-area waterworks that local governments may install pursuant to subparagraph 7 of Article 3 of the Act shall be restricted to the supply of water upon jointly installing water supply facilities by such local governments upon agreement among them. |
| Article 3 (Installation of Village Waterworks) |
"Waterworks prescribed by Presidential Decree" in subparagraph 9 of Article 3 of the Act means waterworks which meet the standards established by the Minister of Environment and is managed by a local government that is a waterworks business operator with water-purification facilities that may treat raw water to meet the water quality standards under Article 26 (2) of the Act in order to supply drinking water, etc. to residents in the jurisdiction. <Amended by Presidential Decree No. 23784, May 14, 2012>
| Article 4 (Scope of Facilities Not Defined as Private-Use Waterworks or Private-Use Industrial Waterworks) |
“If daily water supply volume of the waterworks and the scale of its facilities fail to meet the standards prescribed by Presidential Decree" in the proviso to subparagraph 12 of Article 3 of the Act and the proviso to subparagraph 13 of the same Article means any of the following cases: | 1. | Where daily water supply volume is less than 20 cubic meters; |
| 2. | Where the scale of facilities falls within any of the following categories: |
| (a) | The diameter of the pipeline from the water source to the water tank is less than 25 millimeters; |
| (b) | The total length of the pipeline from the water source to the water tank is less than 1,500 meters; |
| (c) | The effective capacity of the water tank is less than 100 cubic meters. |
[This Article Wholly Amended by Presidential Decree No. 25430, Jun. 30, 2014]
| Article 5 (Minor Modifications to Basic Plans for Waterworks Maintenance) |
| Article 6 (Matters Requiring Approval to Revise Basic Plans for Waterworks Installation and Management) |
| 1. | Basic guidelines concerning waterworks installation and management; |
| 2. | Matters concerning mid-and long-term supply of and demand for tap water; |
| 3. | Matters concerning the development of wide-area water sources; |
| 4. | Matters concerning areas to which tap water is supplied; |
| 5. | Preservation of water sources and the designation and management of water source protection areas; |
| 6. | Capability to supply waterworks; |
| 7. | Implementation priorities of water services; |
| 8. | Improvement, replacement, etc. of aging tap-water pipelines; |
| 9. | Deleted; <by Presidential Decree No. 22967, Jun. 8, 2011> |
| 10. | Matters concerning integrated water service districts in areas where the operation of wide-area waterworks and local waterworks need to be integrated. |
| Article 7 (Prior Review of Basic Plans for Waterworks Installation and Management) |
Where the Minister of Environment intends to grant approval to a basic plan for waterworks installation and management or any revision thereto with respect to general water services in accordance with Article 4 (3) of the Act, he/she may request in advance the Korea Environment Corporation established under the Korea Environment Corporation Act or the Korea Water Resources Corporation established under the Korea Water Resources Corporation Act to examine technical aspects thereof, such as the appropriateness of size of facilities, and hear opinions thereon. <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 22506, Nov. 26, 2010>
| Article 8 (Special Cases in Formulating Basic Plans for Waterworks Installation and Management) |
| (1) | "Do Governor, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun in a Metropolitan City) that is prescribed by Presidential Decree" in Article 4 (6) of the Act means a Do Governor, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun (excluding the head of a Gun in a Metropolitan City; hereafter the same shall apply in this Article) classified as follows: <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| 1. | Where tap-water pipelines extend over the jurisdictions of at least two of the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, or Sis/Guns (excluding Guns in a Metropolitan City), the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, or the head of a Si/Gun, who is determined upon consultation among the relevant Special Metropolitan City Mayor, Metropolitan Cities Mayors, Special Self-Governing Cities Mayors, and the heads of Sis/Guns; |
| 2. | Where tap-water pipelines extend over the jurisdictions of at least two Sis/Guns that belong to the jurisdiction of different Dos, notwithstanding subparagraph 1, the Do Governor or the head of a Si/Gun, who is determined upon consultation among relevant Do Governors. |
| (2) | Where consultation held under paragraph (1) fails to reach agreement, and where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") is the party to the consultation, a Mayor/Do Governor or the head of a Si/Gun designated by the Minister of Environment in consultation with the Minister of the Interior and Safety shall formulate a basic plan for waterworks installation and management; where the head of a Si/Gun is the party to the consultation, the head of a Si/Gun designated by the relevant Do Governor shall formulate a basic plan for waterworks installation and management. <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012; Presidential Decree No. 24451, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (3) | Article 4 (5) of the Act shall apply mutatis mutandis where a person designated under paragraphs (1) and (2) formulates or amends a basic plan for waterworks installation and management. |
| Article 9 (Prior Review of Comprehensive Plans for Water Demand Control) |
Article 7 shall apply mutatis mutandis where the Minister of Environment intends to grant approval of a comprehensive plan for water demand control, or any revision thereto, of the Special Metropolitan City, a Metropolitan City, Special Self-Governing City, Do or Special Self-Governing Province (hereinafter referred to as "City/Do") pursuant to Article 6 (1) of the Act. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012>
| Article 10 (Other Matters to be Included in Implementation Plans for Water Demand Control) |
| 1. | Plans for establishing a water use billing system (limited to plans established by the head of a Si/Gun) under Article 12 (2) of the Act; |
| 2. | Plans for replacing, repairing and upgrading defective water gauges (limited to plans devised by the head of a Si/Gun). |
| Article 11 (Designation, etc. of Water Source Protection Areas) |
| (1) | When the Minister of Environment intends to designate or modifies water source protection areas pursuant to Article 7 (1) of the Act, he/she shall take into account characteristics, geographical features, and degree of water pollution of the relevant water source. |
| (2) | Where the Minister of Environment has designated a water source protection area or has modified the designation thereof pursuant to Article 7 (2) of the Act, he/she shall publicly announce the following, and send the details thereof to the Mayor of the relevant Special Self-Governing City, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply): <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| 1. | Name of the relevant water source protection area; |
| 2. | Location and size of the relevant water source protection area; |
| 3. | Name and address of an entity that has built water services facilities within the relevant water source protection area; |
| 4. | Other necessary matters for preserving the water quality of water sources. |
| (3) | Where a water source protection area is designated and publicly announced pursuant to paragraph (2), the Mayor of the relevant Special Self-Governing City, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu shall make such information available for public perusal, and shall publish the land register of the land located within the relevant area and make such publication available for public perusal within six months from the date of such official announcement. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (4) | Matters necessary for the designation and official announcement of a water source protection area and publication of the land register under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 11-2 (Hearing Opinions of Residents) |
| (1) | When intending to designate or modify water source protection areas pursuant to Article 11, the Minister of Environment shall hear the opinions of residents, and when such opinions are deemed reasonable, he/she shall reflect them in designating or modifying the water source protection areas. |
| (2) | When the Minister of Environment intends to hear opinions of residents pursuant to paragraph (1), he/she shall notify the Mayor of the relevant Special Self-Governing City, the Governor of the relevant Special Self-Governing Province and the head of the relevant Si/Gun/Gu of matters referred to in the subparagraphs of Article 11 (2). <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (3) | The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu notified pursuant to paragraph (2) shall publicly announce the details thereof in the web-site of the relevant Special Self-Governing City, Special Self-Governing Province and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) and daily newspapers mainly distributed in the relevant area and make them available for public perusal for 14 days. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (4) | Any person that has an opinion about the details of the designation or modification of a water source protection area which are publicly announced or made available for public perusal under paragraph (3) may submit a written opinion to the Mayor of the relevant Special Self-Governing City, the Governor of the relevant Special Self-Governing Province or the head of the relevant Si/Gun/Gu within the period for public perusal. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (5) | Where opinions are submitted pursuant to paragraph (4), the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of each Si/Gun/Gu shall compile and submit them to the Minister of Environment. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (6) | The Minister of Environment shall review the opinion presented under paragraph (4) and notify the person who presented the opinion of the results thereof within 30 days from the expiration of the period of public perusal. |
[This Article Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010]
| Article 12 (Prohibited Acts within Water Source Protection Areas) |
| (1) | "Activities prohibited by Presidential Decree" in Article 7 (3) 2 of the Act means the following activities: <Amended by Presidential Decree No. 20763, Apr. 3, 2008; Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 24560, May 31, 2013> |
| 2. | Swimming, bathing, washing clothes, operating boats (excluding operation of boats, including water purification activities and investigations of water quality and ecosystem, as prescribed by Ordinance of the Ministry of Environment) or leisure activities using water surface; |
| 3. | Playing, camping, or cookouts; |
| 4. | Catching or farming fish or shellfish: Provided, That fishing prescribed by Ordinance of the Ministry of Environment, conducted by persons prescribed by Ordinance of the Ministry of Environment shall be excluded; |
| (2) | Where any person has obtained a license or permit or filed a report for catching or farming fish or shellfish in a water source protection area in accordance with other Acts and subordinate statutes as at the time the water source protection area is designated, he/she may catch or farm fish or shellfish according to the details of such license, permit or report, notwithstanding paragraph (1) 4, until the period of validity of such license, permit or report expires. |
| (3) | For the purposes of the proviso to paragraph (1) 6, where the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu publicly announces that it is inevitable to use more agrichemicals than the prescribed amount under the certification standards referred to in Article 19 (2) or 34 (2) of the Act on the Promotion of Environment-Friendly Agriculture and Fisheries and the Management of and Support for Organic Foods, Etc., due to damage from harmful insects to environment-friendly agricultural crops in the process of cultivation under subparagraph 2 of Article 2 of the same Act, the use of agrichemicals in accordance with such publication shall be deemed to conform to the proviso to paragraph (1) 6. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012; Presidential Decree No. 24560, May 31, 2013> |
| Article 13 (Criteria for Granting Permits to Conduct Activities within Water Source Protection Areas) |
| (1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to grant a permit to conduct any activity falling under any subparagraph of Article 7 (4) of the Act within a water source protection area, he/she may grant such permit to conduct any of the following activities insofar as such activities are deemed not in conflict with the purposes of designation of the water source protection area: <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012; Presidential Decree No. 25785, Nov. 28, 2014; Presidential Decree No. 27985, Apr. 11, 2017> |
| 1. | Constructing or installing any of the following buildings or structures: |
| (a) | Constructing or installing buildings or other structures necessary for public interests; |
| (b) | Constructing or installing buildings or other structures prescribed by Ordinance of the Ministry of Environment, which are necessary to improve a living environment or to increase income of residents living within the relevant water source protection area; |
| (c) | Constructing or installing buildings or other structures prescribed by Ordinance of the Ministry of Environment, which are to be jointly used or are needed by residents living within the relevant water source protection area; |
| (d) | Remodeling or reconstructing buildings or other structures for purposes (referring to purposes classified pursuant to Article 2 (2) of the Building Act; hereinafter the same shall apply) and in sizes prescribed by Ordinance of the Ministry of Environment, within the limits not causing higher levels of pollutants than that of a former case; |
| (e) | Relocating buildings or other structures removed due to the construction of village facilities, facilities of public interests, common-use facilities, or public facilities prescribed by Ordinance of the Ministry of Environment within the relevant water source protection area; |
| (f) | Relocating a building, which is inevitable due to natural disasters, including frequent floods, or relocating a house located in an area where a living environment is extremely poor, with high noise levels from highways or railways, into neighboring land or village. In such cases, land in which the house used to be located shall be reverted to farmland or greenbelts; |
| (g) | Removing or relocating an existing house built on the land owned by another person prior to the designation of a water source protection area, the extension or remodeling of which is not allowed due to a failure to obtain consent thereon from the owner of the land, into a neighboring village; |
| (h) | Relocating a house in a village into a farm or orchard owned by the house owner for facilitating better farming operations. In such cases, the land in which the house used to be located shall be reverted to farmland or greenbelts; |
| 2. | Altering the use of buildings or other structures within the limits not causing any higher level of pollutants than that of a former case; |
| 3. | Removing water supply or sewerage facilities, environmental pollution prevention facilities, or protection area management facilities insofar as the maintenance and preservation of the relevant water source protection area is deemed not to be hindered by such removal; |
| 4. | Cultivating or felling trees necessary for the facilitation and management of a water source forest for the preservation of water sources, or felling bamboo or standing trees, which is inevitable to implement public projects, etc.; |
| 5. | Altering the shape or quality of land, which has been carried out only for the readjustment of arable land or which is deemed not in conflict with the purposes of the designation of the relevant water source protection area. |
| (2) | Detailed criteria and procedures for granting permits, such as the types and scale of buildings or other structures under paragraph (1) and other necessary matters therefor, shall be prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu grants a permit to conduct any activity falling under any subparagraph of Article 7 (4) of the Act within a water source protection area pursuant to paragraph (1), he/she shall notify the relevant waterworks business operator or installers of exclusive waterworks of the details thereof without delay. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| Article 14 (Acts to be Reported within Water Source Protection Areas) |
Insignificant acts that can be done upon filing a report to the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu pursuant to the proviso to Article 7 (4) of the Act are as follows: <Amended by Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> | 1. | Removing buildings or other structures, except for water supply or sewerage facilities, environmental pollution prevention facilities, or management facilities of water source protection areas; |
| 2. | Cultivating or felling trees within residential areas; |
| 3. | Repairing facilities for agricultural improvement, or altering the shape or quality of land, such as molding to improve arable land; |
| 4. | Restoring buildings or other structures damaged by natural disasters, such as floods, into their original states; |
| Article 14-2 (Scope of Regions in which Factory Establishment Is Restricted) |
| 1. | Where a water source protection area has been designated and announced, regions within ten kilometers in flow distance from the border zone of the water source protection area towards the upper stream: Provided, That where the water intake facility capacity is not less than 200,000 m3 per day, regions within 20 kilometers in flow distance from the border zone of the water source protection area towards the upper stream; |
| 2. | Where a water source protection area has not been designated or announced, regions within 15 kilometers in flow distance from the water intake facility towards the upper stream and regions within one kilometer in flow distance towards the downstream; |
| 3. | In cases of taking the groundwater in subparagraph 1 of Article 2 of the Groundwater Act as raw water, regions within one kilometer from the water intake facility. |
[This Article Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010]
| Article 14-3 (Scope of Regions Approved for Establishment of Factories) |
“Regions prescribed by Presidential Decree” in the former part of Article 7-2 (3) of the Act means any of the following: <Amended by Presidential Decree No. 28583, Jan. 16, 2018> | 1. | Regions exceeding 7 kilometers in flow distance from the water intake facility towards the upper stream, among those falling under subparagraphs 1 and 2 of Article 14-2; |
[This Article Wholly Amended by Presidential Decree No. 25785, Nov. 28, 2014]
| Article 15 (Management of Water Source Protection Areas) |
| (1) | The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu who manages a water source protection area shall secure facilities, equipment, and human resources necessary for the preservation of water sources, and shall take necessary measures to crack down on prohibited acts or to prevent water pollution. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (2) | Standards for securing the facilities, equipment, and human resources under paragraph (1) and other matters necessary for the management of water source protection areas shall be stipulated by Ordinance of the Ministry of Environment. |
| Article 16 (Special Cases for Management of Water Source Protection Areas) |
| (1) | "Mayor/Do Governor or the head of a Si/Gun/Gu prescribed by Presidential Decree" in Article 8 (2) of the Act means a Mayor/Do Governor or the head of a Si/Gun/Gu classified as follows: <Amended by Presidential Decree No. 22506, Nov. 26, 2010> |
| 1. | Where water source protection areas extend over at least two Sis/Guns/Gus under the jurisdictions of the same Special Metropolitan City, Metropolitan City, or Do, the head of a Si/Gun/Gu, who is determined upon consultation of the heads of the relevant Sis/Guns/Gus; |
| 2. | Where water source protection areas extend over at least two Cities/Dos, a Mayor/Do Governor or the head of a Si/Gun/Gu, who is determined upon consultation of the relevant Mayors/Do Governors; |
| 3. | Where water source protection areas and an area to which tap water is provided from the aforementioned water source extend over at least two Sis/Guns/Gus under the jurisdictions of the same City/Do, the head of a Si/Gun/Gu, who is determined upon consultation of the relevant heads of Sis/Guns/Gus; |
| 4. | Where water source protection areas and an area to which tap water is provided from the aforementioned water source extend over at least two Cities/Dos, a Mayor/Do Governor, or the head of a Si/Gun/Gu, who is determined upon consultation of the relevant Mayors/Do Governors. |
| (2) | Where consultation held under paragraph (1) 1 and 3 fails to reach agreement, the head of a Si/Gun/Gu designated by the Mayor/Do Governor having jurisdiction over the area at issue shall be in charge of managing the relevant water source protection area, while a Mayor/Do Governor or the head of a Si/Gun/Gu designated by the Minister of Environment in consultation with the Minister of the Interior and Safety shall be in charge of managing the relevant water source protection area, where consultation held under paragraph (1) 2 and 4 fails to reach agreement. <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 24451, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| Article 17 (Procedures, etc. for Formulation of Resident Support Programs) |
| (1) | Where the Mayor/Do Governor or the head of a Si/Gun/Gu who manages a water source protection area (hereinafter referred to as "Management Authority") intends to execute a resident support program pursuant to Article 9 (1) of the Act, the Management Authority shall formulate a plan for the resident support program, which includes the following matters (hereinafter referred to as "program plan"), and submit it to the Minister of Environment by no later than April 15 of the preceding year. In such cases, if the Management Authority differs from a waterworks business operator, such Management Authority shall formulate the program plan after hearing opinions of such waterworks business operator: |
| 1. | The objectives of the program; |
| 2. | Outline of the program; |
| 3. | Population and socioeconomic characteristics of an area subject to the program; |
| 5. | Implementation plans and necessity for each program; |
| 6. | Other matters necessary for the implementation of a residents support program. |
| (2) | The Minister of Environment shall consult with the head of a relevant agency, such as the Ministry of Strategy and Finance, about the details of a program plan formulated and submitted by the Management Authority and National subsidies, and if the budget for National subsidies is determined, the Minister of Environment shall notify the Management Authority of the amount of subsidies and the breakdown thereof. <Amended by Presidential Decree No. 21214, Dec. 31, 2008> |
| (3) | If the head of a Si/Gun/Gu intends to revise important matters of a program plan approved under the latter part of paragraph (1), it shall obtain prior approval from the relevant Mayor/Do Governor. <Amended by Presidential Decree No. 23557, Jan. 26, 2012> |
| Article 18 (Types of Residents Support Programs) |
| Article 19 (Contributions from Waterworks Business Operators) |
| 1. | Waterworks business operators supplying final consumers with raw water directly or after purifying it; |
| 2. | Waterworks business operators purifying raw water and supplying purified water to other waterworks business operators. |
| (2) | Contribution from each waterworks business operator in accordance with Article 10 (2) of the Act shall be the amount calculated as determined and publicly announced by the Minister of Environment each year, within the range of 5/100 of the sales revenue from water service calculated by multiplying the volume of a raw water intake in the year before the preceding year in which a residents support program was implemented by the national average price of purified water, which had been purified and provided by the Korea Water Resources Corporation for the two years preceding the year in which a residents support program has been implemented. |
| (3) | Where the Minister of Environment makes a public notification pursuant to paragraph (2), he/she shall hear the opinions of the Management Authority in advance. |
| (4) | Each waterworks business operator shall contribute the amount of contribution computed in accordance with paragraph (2) to the Management Authority prior to the beginning of every business year. |
| Article 20 (Subsidies from Special Account for Environmental Improvement) |
Under Article 10 (3) of the Act, the State may subsidize, from the Special Account for Environmental Improvement, a part of the incurred expenses for a residents support program up to 30/100 of the total amount of the expenses incurred in the residents support program.
| Article 21 Deleted. <by Presidential Decree No. 23557, Jan. 26, 2012> |
| Article 22 (Types of Water Pollution Prevention Facilities) |
"Water pollution prevention facilities prescribed by Presidential Decree" in Article 11 (1) of the Act means the following facilities established and managed by the State, a local government, or the Korea Water Resources Corporation: | 3. | Other facilities determined by Ordinance of the Ministry of Environment, as water pollution prevention facilities. |
| Article 23 (Expense Bearing Standards) |
| (1) | Expenses incurred in the management of water source protection areas and the operation of water pollution prevention facilities under Article 11 (1) of the Act shall be as follows: |
| 1. | Labor costs and operation costs of facilities and equipment necessary for the management of water source protection areas; |
| 2. | Expenses incurred in the installation maintenance and management of signs, guard posts, and hazard prevention facilities necessary for the management of water source protection areas; |
| 3. | Expenses incurred in the maintenance and management of water pollution prevention facilities; |
| 4. | Other expenses determined by Ordinance of the Ministry of Environment, as necessary for the management of water source protection areas. |
| (2) | The amount of expenses to be borne under paragraph (1) shall be computed based on the volume of raw water intake. <Amended by Presidential Decree No. 22506, Nov. 26, 2010> |
| Article 24 (Hygiene and Safety Standards) |
[This Article Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010]
| Article 24-2 (Use of Materials or Products for Waterworks) |
| (1) | "Materials or products for waterworks which meet standards prescribed by Presidential Decree" referred to in Article 14 (3) of the Act means any of the followings: <Amended by Presidential Decree No. 23267, Oct. 28, 2011; Presidential Decree No. 23313, Nov. 23, 2011> |
| 6. | Deleted; <by Presidential Decree No. 23313, Nov. 23, 2011> |
| 7. | Other materials and products announced by the Minister of Environment, as deemed appropriate to be used as materials and products for waterworks. |
| (2) | Notwithstanding the provisions of paragraph (1) 1 through 7, no materials and products that the Minister of Environment announces to be inappropriate to be used as materials and products for waterworks shall be used as materials and products for waterworks. |
[This Article Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010]
| Article 24-3 (Procedures for Recommending Collecting, etc.) |
| (1) | Where the Minister of Environment recommends a business operator who manufactures, imports, supplies, or sells materials or products for waterworks not certified pursuant to Article 14-3 (1) of the Act (hereinafter referred to as “products, etc.”), to take measures to collect, destroy, exchange, refund, or improve the relevant products, etc. or take other necessary measures (hereinafter referred to as “collecting, etc.”), he/she may make a recommendation by a document (including electronic documents) including the following matters: |
| 1. | The name of the company and the name of the representative thereof; |
| 2. | The name, brand, and model name of the products, etc.; |
| 3. | The reasons and details of the recommendation of collecting, etc.; |
| 4. | The deadline to notify whether to accept the recommendation of collecting, etc.; |
| 5. | The procedures for carrying out the recommendation of collecting, etc.; |
| 6. | The plan for measures against the refusal of the acceptance; |
| 7. | Other matters deemed necessary for collecting, etc. by the Minister of Environment. |
| (2) | A business operator recommended to take measures to collect, etc. the relevant products, etc. pursuant to Article 14-3 (1) of the Act shall prepare a plan for collecting, etc. of products, etc. including the matters such as whether to accept the recommendation and the period for carrying out collecting, etc. (hereinafter referred to as “plan”) and submit it to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. In such cases, the period of carrying out collecting, etc. shall be within two months from the date of such recommendation. |
[This Article Newly Inserted by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 24-4 (Reporting on Result of Recommendation) |
| (1) | “Matters prescribed by Presidential Decree, such as the result of such measures” in Article 14-3 (2) of the Act means the following matters: |
| 1. | The result of measures including the details and performance, etc. of collecting, etc.; |
| 2. | The plan for measures against the products, etc. for which collecting, etc. was not carried out; |
| 3. | The measures to prevent recurrence. |
| (2) | A person who intends to report pursuant to Article 14-3 (2) of the Act shall prepare a report on the result of collecting, etc. of products, etc. (hereinafter referred to as “result repot”) and submit it to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where the Minister of Environment in receipt of a report referred to in paragraph (2) deems that the result of measures, such as collecting, etc., or a result report is insufficient, he/she may request the relevant business operator to take measures, such as additional collecting, etc. or to supplement the result report. |
[This Article Newly Inserted by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 24-5 (Methods of Publicly Announcing Failure of Carrying Out Recommendations) |
| 1. | The name, brand, and model name of the products, etc.; |
| 2. | The name of the company and the name of the representative thereof; |
| 3. | The reasons and details of the recommendation of collecting, etc. |
[This Article Newly Inserted by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 24-6 (Procedures for Issuing Orders to Collect, etc.) |
| (1) | Where the Minister of Environment orders a business operator to conduct collecting, etc. pursuant to Article 14-4 (1) of the Act, he/she shall do so by a document (including electronic documents) including the following: |
| 1. | The name of the company and the name of the representative thereof; |
| 2. | The name, brand, and model name of the products, etc.; |
| 3. | The reasons and details of the order of collecting, etc.; |
| 4. | The methods and period for carrying out collecting, etc.; |
| 5. | Other matters deemed necessary for issuing an order to collect, etc. the products, etc. by the Minister of Environment. |
| (2) | Article 24-5 shall apply mutatis mutandis to the methods of public announcement and matters to be publicly announced pursuant to Article 14-4 (1) of the Act. In such cases, “recommendation” shall be construed as “order.” |
[This Article Newly Inserted by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 24-7 (Reporting on Result of Order) |
| (2) | A person who intends to report pursuant to Article 14-4 (2) of the Act shall prepare a result report and submit it to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | Where the Minister of Environment in receipt of a report referred to in paragraph (2) deems that the result of measures, such as collecting, etc., or the result report thereof is insufficient, he/she may request the relevant business operator to take measures, such as additional collecting, etc. or to supplement the result report. |
[This Article Newly Inserted by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 24-8 (Measures, such as Direct Collecting, etc. of Products, etc.) |
[This Article Newly Inserted by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 25 (Subject Matters of Water-Saving Facilities) |
| 2. | Other facilities prescribed by ordinances of local governments, as deemed specifically necessary to save and use water efficiently. |
| Article 25-2 (Standards for Registration of Water-Saving Business) |
[This Article Newly Inserted by Presidential Decree No. 25430, Jun. 30, 2014]
| Article 26 (Methods of Indicating Volume of Water Used) |
Any person who intends to manufacture or import a water-using appliance pursuant to Article 16 of the Act shall measure the volume of water used by the water-using appliance according to the performance measuring method established by the Korean Industrial Standards under Article 12 of the Industrial Standardization Act and indicate the outcomes of such measurement on such appliance. [This Article Newly Inserted by Presidential Decree No. 23557, Jan. 26, 2012]
| Article 27 (Application for Authorization) |
| (1) | Any person that intends to obtain authorization to engage in a general waterworks business pursuant to Article 17 (1) of the Act shall submit an application for the authorization of the general waterworks business, along with a business plan and other relevant documents and drawings, to the Minister of Environment, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or the head of a Si/Gun/Gu (excluding the head of a Gun in a Metropolitan City; hereinafter referred to as "authorizing agency"), as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 24451, Mar. 23, 2013> |
| (2) | Business plans under paragraph (1) shall include the following matters: |
| 1. | Outline of waterworks business (including water services facilities); |
| 2. | An area to which water is to be supplied, population to which water is to be supplied, and the volume of water to be supplied per person per day; |
| 3. | Annual business plans (excluding village waterworks) and the supply rate of water services; |
| 4. | Maximum daily water supply, the average daily water supply, and the capacity of the relevant facilities; |
| 5. | Location of water sources or a forebay and the methods of purification; |
| 6. | Statement of the water volume at a forebay and the outcomes of water quality tests; |
| 7. | Location maps and a ground plan for water services facilities; |
| 8. | Prearranged date for the beginning and completion of construction and for the commencement of water supply; |
| 9. | Methods of fund procurement and an annual investment plan; |
| 10. | Detailed statement of records, street number and size, and rights, other than the ownership of, to land or a building, to be expropriated and used (hereinafter referred to as "land, etc"); |
| 11. | Names and addresses of the owners and other interested parties of land, etc. |
| (3) | "Insignificant matters prescribed by Presidential Decree" in the latter part of Article 17 (1) of the Act means the following matters: <Amended by Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 23557, Jan. 26, 2012> |
| 1. | Changes in the methods of fund procurement, or in an annual investment plan; |
| 2. | Structural changes of water services facilities, which do not entail an increase or decrease in the capacity of such facilities, to the extent that such changes satisfy the standards for facilities under Article 29; |
| 3. | An increase or decrease by up to 1% of the capacity of water services facilities. |
| (4) | Where deemed necessary to grant the authorization pursuant to Article 17 (1) of the Act, the Minister of Environment may request the Korea Environment Corporation or the Korea Water Resources Corporation to examine technical aspects of the business plans and hear its opinions. <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 22506, Nov. 26, 2010> |
| Article 28 (Public Notice of Authorization) |
| 1. | Official name of services; |
| 2. | Name and address of a waterworks business operator; |
| 3. | Purposes and outline of services; |
| 4. | Location and size of an area where services are to be implemented; |
| 5. | Area to which water is to be supplied, population to which water is to be supplied, and the volume of water to be supplied; |
| 6. | Period of time during which water services are to be provided and the prearranged date on which the supply of water is to commence; |
| 7. | Detailed statement of records, street number, item, size, and rights, other than the ownership, of land, etc. to be expropriated and used; |
| 8. | Name and address of the owner and other interested persons of land, etc.; |
| 9. | Other necessary matters. |
| Article 29 (Standards for Facilities) |
| (1) | Pursuant to Article 18 of the Act and in accordance with quality, quantity, geographical feature of available raw water and the types and scale of facilities of the relevant water services, each general waterworks business operator shall be equipped with water intake facilities, water-retention facilities, raw-water conveyance facilities, water-purification facilities, purified-water conveyance facilities and water-distribution facilities, all of which meet each of the following standards: |
| 1. | Water sources and water intake structures from which the volume of good-quality raw water is available as much as is needed; |
| 2. | Water-retention facilities with the capacity to provide, even during dry seasons, the volume of raw water needed; |
| 3. | Raw-water conveyance facilities, such as sluices, through which as much raw water as needed can be conveyed; |
| 4. | Water-purification facilities which help purify necessary volume of raw water to the degree of standard water quality pursuant to Article 26 (2) of the Act; |
| 5. | Pumps, conveyance pipes, and other purified-water conveyance facilities which help convey the volume of purified water needed; |
| 6. | Distribution pumps, distribution pipes, and other distribution facilities which help provide the volume of purified water needed, with the degree of pressure exceeding a certain specified limit. |
| (2) | The location and arrangement of the water services facilities shall be determined, taking harmony with the economic production of water into account. |
| (3) | Water services facilities shall be able to withstand the water pressure, earth pressure, earthquakes, and other pressures and they shall be safe from water pollution or water leakage. |
| (4) | The detailed standards for the establishment of water services facilities pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 30 Deleted. <by Presidential Decree No. 22506, Nov. 26, 2010> |
| Article 31 (Inspections of Water Quality) |
| (1) | An authorizing agency shall conduct the inspections of water quality under Article 19 (1) of the Act: Provided, That a Mayor/Do Governor shall inspect the quality of water in the waterworks that is authorized by the Minister of Environment or the Minister of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 24451, Mar. 23, 2013> |
| (2) | Any person that intends to undergo an inspection of water quality referred to in paragraph (1) shall submit an application for inspection, as prescribed by Ordinance of the Ministry of Environment. |
| Article 32 (Managers of Water Supply Facilities) |
In accordance with the proviso to Article 21 (1) of the Act, water supply facilities shall be managed by any of the following persons, according to the location and type of such facilities: | 1. | As for water supply facilities installed outside the boundary of land owned by any person supplied with tap water: A waterworks business operator; |
| 2. | As for water supply facilities installed within the boundary of land owned by a person supplied with tap water: A person falling under any of the following items: |
| (a) | As for water supply facilities located from the land boundary to a water gauge: Any person determined by ordinances of the relevant local government; |
| (b) | As for water supply facilities other than those provided in item (a): Any person supplied with tap water. |
| Article 33 (Managers of Water Services Facilities) |
| (1) | "The duties prescribed by Presidential Decree" in Article 21 (6) of the Act means overall duty to oversee the supply of tap water, manage water services facilities, manage statistical data about waterworks, control water quality, take emergency measures, and train operators of water services facilities. <Amended by Presidential Decree No. 25430, Jun. 30, 2014> |
| (2) | A person who may be appointed as the manager of waterworks of a general waterworks business operator pursuant to Article 21 (6) of the Act shall be any of the following persons: <Amended by Presidential Decree No. 25430, Jun. 30, 2014; Presidential Decree No. 28243, Aug. 16, 2017> |
| 1. | Any of the following persons who has engaged in a technical job relating to water supply for at least two years (one year in case of a village water supply system and a water supply system for exclusive use with a capacity of 2,000 tons or less per day) after graduation or he/she acquired the relevant academic ability: |
| (a) | A person who completed a course of study relating to water supply engineering or sanitation engineering at a college under the Higher Education Act or any other school equivalent thereto, and graduated from a department related to civil engineering, electrical engineering, electronic engineering, mechanical engineering, architectural engineering, environmental engineering or sanitation engineering; |
| (b) | A person who is deemed to have acquired academic ability at the same level as that of a person falling under item (a) pursuant to Acts and subordinate statutes, who completed a course of study relating to water supply engineering or sanitation engineering in the course of acquiring the relevant academic ability; |
| 2. | Any of the following persons who has engaged in a technical job relating to water supply for at least five years (three years in case of a village water supply system and a water supply system for exclusive use with a capacity of 2,000 tons or less per day) after graduation or he/she acquired the relevant academic ability: |
| (a) | A person who completed a course of study relating to water supply engineering or sanitation engineering at a junior college under the Higher Education Act or any other school equivalent thereto, and graduated from a department related to civil engineering, electrical engineering, electronic engineering, mechanical engineering, architectural engineering, environmental engineering or sanitation engineering; |
| (b) | A person who is deemed to have acquired academic ability at the same level as that of a person falling under item (a) pursuant to Acts and subordinate statutes, who completed a course of study relating to water supply engineering or sanitation engineering in the course of acquiring the relevant academic ability; |
| 3. | Any of the following persons who has engaged in a technical job relating to water supply for at least four years (two years in case of a village water supply system and a water supply system for exclusive use with a capacity of 2,000 tons or less per day) after graduation or he/she acquired the relevant academic ability: |
| (a) | A person who completed a course of study relating to engineering, natural sciences, agriculture, medicine or pharmacology at a college under the Higher Education Act or any other school equivalent thereto, and graduated from the relevant school; |
| (b) | A person who is deemed to have acquired academic ability at the same level as that of a person falling under item (a) pursuant to Acts and subordinate statutes, who completed a course of study relating to engineering, natural sciences, agriculture, medicine or pharmacology in the course of acquiring the relevant academic ability; |
| 3-2. | Any of the following persons who has engaged in a technical job relating to water supply for at least eight years (four years in case of a village water supply system and a water supply system for exclusive use with a capacity of 2,000 tons or less per day) after graduation or he/she acquired the relevant academic ability: |
| (a) | A person who completed a course of study relating to engineering, natural sciences, agriculture, medicine or pharmacology at a junior college under the Higher Education Act or any other school equivalent thereto, and graduated from the relevant school; |
| (b) | A person who is deemed to have acquired academic ability at the same level as that of a person falling under item (a) pursuant to Acts and subordinate statutes, who completed a course of study relating to engineering, natural sciences, agriculture, medicine or pharmacology in the course of acquiring the relevant academic ability; |
| 4. | Any person that has engaged in a technological job related to water supply for at least ten years (or seven years, in cases of village waterworks or private-use waterworks the facilities of which have a capacity of 2,000 tons or less per day); |
| 5. | Any person that is equally or better qualified than one of those who falls under any of subparagraphs 1 through 4, and is prescribed by Ordinance of the Ministry of Environment. |
| (3) | Paragraph (2) shall not apply to the cases of a general water service or private-use waterworks, the facilities of which have a capacity of 1,000 tons or less per day, supplying water without water-purification facilities, other than antiseptic facilities. |
| Article 34 (Assignment of Certified Water-Purification Facility Managers) |
The standards for the placement of certified managers at water-purification facilities by a general waterworks business operators under Article 21 (7) of the Act are prescribed in attached Table 2. <Amended by Presidential Decree No. 25430, Jun. 30, 2014>
| Article 35 (Classification, Terms, etc. of Entrustment) |
| (1) | Affairs of operating and managing water services facilities under Article 23 (1) of the Act (hereinafter referred to as "water services management") shall be entrusted pursuant to the following classifications: |
| 1. | Simple entrustment: Entrustment of the management of one water services facility from among water intake facilities or water-purification facilities, or repetition of simple tasks, such as removing and treating sludge (referring to sediments generated during water-purification process; hereinafter the same shall apply), checking and replacing water gauges, issuing and delivering water bills, etc.; |
| 2. | Multiple entrustments: Entrustment of upgrading (including replacing; hereinafter the same shall apply) water services facilities or entrustment of the management of two or more water services facilities from among water intake facilities, water-purification facilities or water pipes and drainage facilities. In such cases, repetition of simple tasks, such as removing and treating sludge, may be included. |
| (2) | The term of a simple entrustment referred to in paragraph (1) shall not exceed five years, and the term of a multiple entrustment shall be from five years to twenty years. |
| (3) | When any general waterworks business operator intends to entrusted water services management pursuant to Article 23 (2) of the Act, it shall clearly state matters falling under each of the following items, classified into each subparagraph, in an entrustment contract, fully taking into account the characteristics of the operation and management of water services facilities subject to entrustment: |
| (a) | Objectives of entrustment; |
| (b) | The subject matter and scope of entrustment; |
| (c) | The term of an entrustment contract; |
| (d) | Matters concerning the calculation of costs of entrustment and the payment thereof; |
| (e) | Goals to be accomplished and matters concerning measures to be taken in cases of failing to accomplish such goals; |
| (f) | Matters concerning the termination of an entrustment contract and compensation for losses; |
| (g) | Other matters deemed necessary when general waterworks business operators conclude their entrustment contracts; |
| (a) | Matters falling under subparagraph 1 (a) through (g); |
| (b) | Matters concerning an annual investment plan (including the details of investment costs and means of raising funds) and recovery of funds; |
| (c) | Matters concerning the upgrade of water services facilities; |
| (d) | Matters concerning the collection and management of water use fee rates or the suspension of water supply by proxy; |
| (e) | Matters concerning the final target year, the annual rate of water supply, the rate of water flow and the target quality of water; |
| (f) | Matters concerning evaluation of the results of entrustment and measures to be taken subsequent to such results; |
| (g) | Matters concerning acquisition and transfer (including employment succession) between a trustor and a trustee, when an entrustment contract is concluded or terminated; |
| (h) | Matters concerning crisis management, such as an occurrence of hazards to the quality of water. |
| (4) | In cases of a simple entrustment referred to in paragraph (1) 1, the provisions of Articles 37 through 39 shall not apply thereto. |
| (5) | Matters concerning criteria for review on the validity and necessity of entrustment under paragraphs (1) and (2) and detailed criteria for concluding and terminating entrustment contracts or crisis management, etc. shall be determined and publicly announced by the Minister of Environment. |
| Article 36 (Trustees of Waterworks Facilities) |
"Specialized institutions prescribed by Presidential Decree" referred to in Article 23 (1) of the Act means the following: <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 23784, May 14, 2012> | 3. | Local government-directly operated enterprises, local government-invested public corporations and local government public corporations, which are incorporated and established under the Local Public Enterprises Act; |
| 5. | Corporations that are engineering business operators specialized in the waterworks and sewage systems of the construction sector, or in the field of water-quality control of the environment sector under Article 2 of the Engineering Industry Promotion Act; |
| 6. | Professional engineers’ offices specialized in the waterworks and sewage systems of the construction sector or in the water-quality control of the environment sector under Article 6 of the Professional Engineers Act; |
| 7. | Institutions prescribed by Ordinance of the Ministry of Environment as deemed capable of performing waterworks management affairs; |
| 8. | Entities prescribed by ordinances of a local government as deemed capable of performing waterworks management affairs by a general waterworks business operator which is a local government, or in cases of a waterworks business operator which is not a local government, entities prescribed by other Acts or subordinate statutes (limited to entrustment of simple and repetitive tasks, such as removing and treating sludge among simple entrustment). |
| Article 37 (Preparation of Entrustment Plans and Hearing of Opinions) |
| (1) | Where any general waterworks business operator (referring to a general waterworks business operator that is a local government; hereafter the same shall apply in this Article through Article 40) intends to entrust waterworks management affairs pursuant to Article 23 (1) of the Act, it shall formulate an entrustment plan which includes the following matters, hear the opinions of the entrustment review committee established under Article 23 (5) (hereinafter referred to as the "Entrustment Review Committee"), make such plan available for public perusal for at least 20 days, and hold an explanatory meeting: <Amended by Presidential Decree No. 22506, Nov. 26, 2010> |
| 1. | Objectives and scope of entrustment; |
| 2. | Period of entrustment; |
| 3. | Matters concerning the calculation of remuneration for entrustment and the payment thereof; |
| 4. | Other matters that a general waterworks business operator deems necessary to entrust waterworks management affairs. |
| (2) | When each general waterworks business operator intends to make an entrustment plan available to residents for public perusal under paragraph (1), he/she shall publish in advance a summary of the entrustment plan, the period and place of public perusal, the time for residents to present opinions and methods of presenting their opinions, etc. at least once in one or more nationally circulated daily newspapers (referring to any daily newspaper, the circulation area of which is nationwide registered under Article 12 (1) 6 of the Act on the Promotion of Newspapers, Etc. and which falls under subparagraph 1 (a) of Article 2 of the same Act; hereinafter the same shall apply) and in one or more locally circulated daily newspapers (referring to any daily newspaper, the main circulation area of which is the relevant local area registered under Article 12 (1) 6 of the same Act and which falls under subparagraph 1 (a) of Article 2 of the same Act; hereinafter the same shall apply), and make the relevant documents available for public perusal. <Amended by Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 22003, Jan. 27, 2010> |
| (3) | When each general waterworks business operator intends to hold an explanatory meeting referred to in paragraph (1), he/she shall publish in advance a summary of the entrustment plan, the date and venue of the explanatory meeting, at least once in one or more nationally circulated daily newspapers and in one or more locally circulated daily newspapers, and hold the explanatory meeting within ten days from the date on which the period of public perusal referred to in paragraph (2) begins. |
| (4) | Each general waterworks business operator may hold a public hearing and seek residents' opinions upon hearing the opinions of the Entrustment Review Committee. In such cases, it shall publish a summary of the entrustment plan and the date on and venue at which a public hearing is to be held in the public bulletin, on the web-sites, or general daily newspapers under subparagraph 1 (a) of Article 2 of the Act on the Promotion of Newspapers, Etc.. at least 14 days before the public hearing begins. <Amended by Presidential Decree No. 21148, Dec. 3, 2008; Presidential Decree No. 22003, Jan. 27, 2010> |
| (5) | When each general waterworks business operator intends to conclude an entrustment contract pursuant to Article 23 (1) of the Act, he/she shall reflect the opinions of the Entrustment Review Committee and the results of seeking opinions pursuant to paragraphs (1) through (4), unless any extenuating circumstances exist. |
| (6) | Where any general waterworks business operator has concluded an entrustment contract, it shall publish the following matters in the public bulletin, on the web-sites, or daily newspapers within 15 days from the date on which the entrustment contract is concluded: |
| 1. | Objectives of entrustment; |
| 2. | Details and scope of entrustment; |
| 3. | Period of entrustment; |
| 4. | Name and address of the trustee; |
| 5. | Means of financing any costs incurred in entrustment; |
| 6. | Other matters subsequent to entrustment. |
| Article 38 (Functions and Operation of Entrustment Review Committees) |
| (1) | An Entrustment Review Committee shall deliberate on the following matters: <Amended by Presidential Decree No. 22506, Nov. 26, 2010> |
| 1. | The validity of objectives, subject matter and scope of entrustment; |
| 2. | The appropriateness of the period and remuneration for entrustment; |
| 3. | The appropriateness of investment plans and means of financing the budget; |
| 4. | The evaluation of the results of entrustment; |
| 5. | Other matters tabled to a meeting as the relevant general waterworks business operator deems them as requiring deliberation in relation to entrustment of waterworks management affairs. |
| (2) | and (3) Deleted. <by Presidential Decree No. 22506, Nov. 26, 2010> |
| (4) | Members of the Entrustment Review Committee shall be commissioned by the relevant general waterworks business operator, from among the following persons. In such cases, the general waterworks business operator shall commission at least one member from each of the following persons: <Amended by Presidential Decree No. 22506, Nov. 26, 2010> |
| 2. | Persons who hold doctorate degrees in waterworks and sewerage-related fields; |
| 4. | Legal professionals, such as attorneys-at-law and law professors. |
| (5) | Allowances, travel expenses and other expenses to be incurred may be paid to members of the Entrustment Review Committee within budgetary limits: Provided, That the same shall not apply where public officials attend a meeting of the Entrustment Review Committee in direct connection with their duties. |
| (6) | Except as otherwise expressly provided in this Decree, matters necessary for the operation of the Entrustment Review Committee shall be prescribed by ordinances of the relevant local government. |
| Article 39 (Evaluation on Results of Entrustment) |
| (1) | Each general waterworks business operator shall, where it entrusts water services management pursuant to Article 23 (1) of the Act, evaluate the operation and management of water services facilities and results of management of a trustee every five years from the date on which an entrustment contract is concluded, in order to improve and develop water services management. |
| (2) | With respect to matters requiring correction, as a result of an evaluation referred to paragraph (1), each general waterworks business operator may request a trustee to correct them, or pay performance-based bonuses or provide other financial support, within budget, to a trustee who is found to have successfully performed its work. |
| (3) | Matters necessary concerning means and procedures for evaluation of the results of entrustment pursuant to paragraphs (1) and (2) and measures to be taken subsequent to such evaluation shall be determined and publicly announced by the Minister of Environment. |
| Article 40 (Termination of Entrustment Contracts) |
Each general waterworks business operator shall, when it intends to conclude an entrustment contract, clearly state on such contract in detail that such entrustment contract may be terminated when grounds falling under any of the following subparagraphs occur:
| 1. | Where the goals of entrustment are impossible to be attained because a trustee fails to properly manage water services; |
| 2. | Where an entrustment contract is decided to be terminated by a resident referendum under the Residents' Voting Act. |
| Article 41 (Eligibility to Take Examinations for Certified Water-Purification Facility Managers) |
Types of examinations for certified water-purification facility managers, set forth in Article 24 (5) of the Act, shall be Grades I, II, and III, and eligibility to take an examination is as shown in attached Table 3. <Amended by Presidential Decree No. 20521, Jan. 3, 2008>
| Article 42 (Methods of Examinations and Standards for Passing Examinations) |
| (1) | An examination for certified water-purification facility managers prescribed by Article 24 (1) of the Act shall be held as the first test and the second test: Provided, That where it is deemed necessary by the Minister of Environment, the first test and the second test may be held simultaneously. <Amended by Presidential Decree No. 20521, Jan. 3, 2008> |
| (2) | The first test and the second test under paragraph (1) shall be held for each of the following subjects, with different degrees of difficulty by each grade, and the first test shall be comprised of multiple-choice questions and the second exam shall be comprised of essays or short answers: <Amended by Presidential Decree No. 20521, Jan. 3, 2008> |
| 1. | Water-purification process; |
| 2. | Analysis on and control of water quality; |
| 3. | The operation of facilities and equipment (machinery, devices, measuring instruments, etc.); |
| 4. | The hydraulics of water-purification facilities. |
| (3) | In order to pass the first and second tests, an examinee shall score at least 40 points in each subject and an average of at least 60 points out of 100 as full marks in each subject. <Amended by Presidential Decree No. 20521, Jan. 3, 2008> |
| (4) | The second test shall be held for those who have passed the first test: Provided, That in cases where the first test and the second test are simultaneously held pursuant to the proviso to paragraph (1), the second test taken by any person who has failed to pass the first test shall become annulled. |
| (5) | Any person who has passed the first test shall be exempted from taking the first test for two years from the date on which he/she has passed the first test: Provided, That in cases where the first test has not been held within those two years, he/she shall be exempted from the immediately following first test only once. |
| (6) | Setting questions, marking, application procedures, and service charges for qualification examinations, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 43 (Partial Exemption of Examination Subjects) |
| 1. | Certified tap water and sewerage technicians: Subjects under Article 42 (2) 1 through 4 from among the subjects of the first test for Grade I, II, or III certified water-purification facility managers under Article 42 (2); |
| 2. | Certified water-quality management technicians: Subjects under Article 42 (2) 1, 2 and 4 from among the subjects of the first test for Grade I, II, or III certified water-purification facility managers under Article 42 (2); |
| 3. | Certified water-quality and environment technicians: Subjects under Article 42 (2) 1 and 2 from among the subjects of the first test for Grade II or III certified water-purification facility managers under Article 42 (2); |
| 4. | Certified water-quality and environmental industry technicians: Subjects under Article 42 (2) 1 and 2 from among the subjects of the first test for Grade III certified water-purification facility managers under Article 42 (2). |
| Articles 44 and 45 Deleted. <by Presidential Decree No. 22506, Nov. 26, 2010> |
| Article 46 (Reporting of Municipal Ordinances on Tightened Water Quality Standards, etc.) |
Where the matters referred to in Article 26 (4) of the Act are prescribed by municipal ordinance, the Mayor/Do Governor shall report to the Minister of Environment thereon without delay. The same shall also apply where any provision of the municipal ordinance on such matters is amended. <Amended by Presidential Decree No. 25430, Jun. 30, 2014>
| Article 47 (Standards for Giving Public Notice on Details of Violations, etc. of Water Quality Standards) |
"Cases falling under reasons prescribed by Presidential Decree" referred to in Article 27 (1) of the Act means any of the following cases: | 1. | As a result of monitoring through various warning systems, such as a fish monitoring water tank and a biology warning system, the inflow of a poisonous substance is deemed evident; |
| 2. | Where fecal coliforms are detected at the outlet of a clean water reservoir; |
| 3. | Where a waterborne disease is deemed to have occurred due to tap water; |
| 4. | Where turbidity exceeding 1 NTU (Nephelometric Turbidity Unit) lasts for at least 24 hours; |
| 5. | Where turbidity exceeds 5 NTU; |
| 6. | Where the residual chlorine concentration at the outlet of a clean water reservoir does not exceed 0.1mg/L (in cases of combined residual chlorine, less than 0.4mg/L) and lasts for at least one hour; |
| 7. | Where the residual chlorine concentration is not less than 4mg/L at the outlet of a clean water reservoir; |
| 8. | Where the value of inactivation required by disinfection does not exceed 1 and lasts for at least 48 hours; |
| 9. | Where the hydrogen ion concentration (pH) is less than 5.5 or exceeds 9.0 and lasts for at least one hour; |
| 10. | Where the nitric nitrogen concentration exceeds 10mg/L; |
| 11. | Where a general waterworks business operator deems it necessary to give notice to residents immediately. |
[This Article Wholly Amended by Presidential Decree No. 23784, May 14, 2012]
| Article 48 Deleted. <by Presidential Decree No. 23784, May 14, 2012> |
| Article 49 (Installation of Water-Quality Inspection Facilities) |
| (1) | Criteria for water-quality inspection facilities, which each general waterworks business operator shall be equipped with in accordance with Article 29 (2) of the Act, shall be as follows: <Amended by Presidential Decree No. 23967, Jul. 20, 2012> |
| 2. | Purified-water inspection facilities: Equipment and testing facilities capable of inspecting whether the criteria for the quality of drinking water prescribed by Ordinance of the Ministry of Environment under Article 26 (2) of the Act is met. |
| (2) | Notwithstanding the provisions of paragraph (1), if each general waterworks business operator entrusts or delegates the inspection of water quality, upon approval from the relevant Mayor/Do Governor, to any national or public research institution, such as the Public Health and Environment Research Institute, or any other institution prescribed by Ordinance of the Ministry of Environment, he/she may elect not to install water quality inspection facilities (excluding facilities to test inspection items prescribed by Ordinance of the Ministry of Environment) prescribed by paragraph (1). In such cases, the relevant Mayor/Do Governor shall determine whether to grant approval, considering the demand for water-quality inspections within his/her jurisdiction and the inspection capacity of the Public Health and Environment Research Institute, etc. |
| Article 49-2 (Composition, Operation, etc. of Tap-Water Quality Evaluation Committee, etc.) |
| (1) | The Tap-Water Quality Evaluation Committee in Article 30 (1) of the Act (hereinafter referred to as the "Tap-Water Quality Evaluation Committee") shall be comprised of not more than 15 members including a chairperson. |
| (2) | The members shall be appointed or commissioned from among public officials in charge of the affairs pertaining to tap water, those who have abundant knowledge and experience relating to tap water-related areas, and general consumers. |
| (3) | The Tap-Water Quality Evaluation Committee shall be convened regularly not less than twice a year for tap water quality examination, etc. and publish the results of the examination. |
| (4) | Necessary matters for the organization, operation, etc. of the Tap-Water Quality Evaluation Committee, other than matters prescribed in paragraphs (1) through (3) shall be determined by ordinances of local governments. |
[This Article Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010]
| Article 50 (Types of Buildings or Facilities for Which Sanitary Measures, Such as Disinfection, Should Be Taken) |
| (1) | "Buildings or facilities which exceed the sizes prescribed by Presidential Decree" in the former part of Article 33 (2) of the Act means any of the following buildings or facilities: Provided, That the foregoing shall not apply to buildings or facilities to which tap water is supplied without using water tanks: |
| 1. | Buildings or facilities, the total floor area of each of which is at least 5,000 square meters (excluding the area of a parking lot within each building or facility); |
| 2. | Buildings used for at least two purposes, the total floor area of each of which is at least 2,000 square meters; |
| 10. | Wedding halls, the total floor area of each of which is at least 2,000 square meters among the wedding halls under subparagraph 5 (b) of attached Table 1 of the Enforcement Decree of the Building Act. |
| (2) | When calculating the total floor area under the subparagraphs of paragraph (1), the total floor area of a facility which consists of at least two buildings shall be the gross area of the total floor areas of individual buildings. |
[This Article Wholly Amended by Presidential Decree No. 27985, Apr. 11, 2017]
| Article 51 (Buildings or Facilities Required to Take Measures, such as Cleaning Water Pipes) |
| (1) | “Buildings or facilities, the scale of which exceeds the scale prescribed by Presidential Decree” in Article 33 (3) of the Act, means the buildings or facilities classified as follows: |
| 1. | Any of the following buildings or facilities with the total floor area of at least 60,000 square meters: |
| 2. | Any of the following buildings or facilities with the total floor area of at least 5,000 square meters: |
[This Article Wholly Amended by Presidential Decree No. 27335, Jul. 12, 2016]
| Article 52 (Education, etc. on Management of Waterworks Facilities) |
| (1) | The details of education on the management of waterworks facilities under Article 36 (1) of the Act shall include the following: |
| 2. | Matters concerning the operation, maintenance and management of waterworks facilities; |
| 3. | Matters concerning quality standards for drinking water and the testing thereof; |
| 4. | Matters concerning improvement of water quality; |
| 5. | Other matters necessary for the management of waterworks facilities. |
| (2) | Any person to receive education under Article 36 (1) and (2) of the Act shall receive the following education, and any person who violates Article 33 (2) of the Act or a person subject to a disposition to suspend his/her business under Article 35 of the Act shall receive re-education within two years from the date on which such violation is discovered: <Amended by Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 27985, Apr. 11, 2017> |
| 1. | In cases of a person who falls under Article 36 (1) 1 and 2 of the Act, an employee directly engaged in the water-tank cleaning business or a supervisor who directly give instructions at the site: Group education for eight hours at class or other on-line education equivalent thereto within one year from the date on which he/she is required to receive such education; |
| 2. | In case of persons to receive education, other than those referred to in subparagraph 1: Group education for 35 hours every three years or other on-line training equivalent thereto: Provided, That they should receive the first education within one year from the date they become those who are to receive education. |
| (3) | Expenses incurred in receiving the education under paragraph (2) shall be borne by those who have received such education: Provided, That expenses incurred in providing education for operators and employees referred to in Article 36 (2) of the Act shall be borne by the general waterworks business operators or water-tank cleaning business operator, which employs such operators and employees. |
| (4) | "Institutions or organizations designated by Presidential Decree" referred to in Article 36 (3) of the Act means any of the following institutions and organizations: <Amended by Presidential Decree No. 21904, Dec. 24, 2009; Presidential Decree No. 23967, Jul. 20, 2012> |
| 1. | The Korea Water and Wastewater Works Association (hereinafter referred to as the "Association") under Article 56 of the Act; |
| 5. | Educational institutions acknowledged by the Minister of Environment as having proper human resources, etc. among educational institutions run by general waterworks business operators; |
| 6. | Other institutions acknowledged and prescribed by Ordinance of the Ministry of Environment as being capable of providing education. |
| (5) | The head of each educational institution under paragraph (4) (hereafter referred to as "head of an educational institution" in this Article) shall formulate an education plan for the following year, including the following matters, and submit it to the Minister of Environment by the end of each year: |
| 1. | Basic direction-setting for education; |
| 2. | The results of a survey on demand for education and a long-term estimation thereof; |
| 3. | Implementation plans for educational programs; |
| 4. | Teaching materials (including practice materials) and plans for using them; |
| 5. | Persons to receive education and education expenses; |
| 6. | Other matters necessary for education. |
| (6) | The head of an educational institution shall issue certificates of completion to persons who have completed a educational course and report the outcomes of education provided to the Minister of Environment by no later than January 15 of the following year. |
| (7) | Other matters necessary for specific curricula for each person to receive education, methods of providing education, etc. shall be prescribed by the Minister of Environment. |
| Article 53 (Application for Approval of Provisions concerning Supply of Tap Water) |
Any person who intends to obtain approval of provisions concerning the supply of tap water from the Authority for Authorization, as prescribed by Article 38 of the Act, shall prepare provisions concerning the supply of tap water, including the following matters, and apply for approval thereof: | 1. | Basic data necessary for the computation of tap-water use fee rates; |
| 2. | Criteria and methods for the computation of expenses for construction works relating to water services facilities; |
| 3. | Matters concerning the installment and management of water supply facilities, such as the installation of a backflow-prevention valve in the base of a water gauge to prevent water pollution due to backflow; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Environment, concerning the supply of tap water. |
| Article 53-2 (Reduction of and Exemption from Tap Water Fees) |
| (1) | “The public facilities prescribed by Presidential Decree, including educational facilities and social welfare facilities" in the part other than the subparagraphs of Article 38 (4) of the Act means the following facilities: <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012; Presidential Decree No. 24020, Aug. 3, 2012; Presidential Decree No. 25430, Jun. 30, 2014> |
| 3. | Other facilities prescribed by ordinances of a local government. |
| (2) | Detailed matters necessary for the discount of tap water fees under Article 38 (4) of the Act, including discount rates, shall be prescribed by municipal ordinance of each local government. <Amended by Presidential Decree No. 25430, Jun. 30, 2014> |
[This Article Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010]
| Article 53-3 (Refusal to Supply Tap Water) |
Pursuant to Article 39 (1) of the Act, no general waterworks business operator shall refuse to supply tap water to any person that wants to have tap water supplied, except in any of the following cases: | 1. | Where it is impracticable to supply tap water in a normal condition due to the destruction or breakdown of waterworks; |
| 2. | Where it is necessary for the protection of health of the persons to whom tap water is supplied, because tap water fails to meet the water quality standards under Article 26 of the Act due to the replacement or malfunction of purification facilities or the contamination by a hazardous substance. |
[This Article Newly Inserted by Presidential Decree No. 25430, Jun. 30, 2014]
| Article 54 (Application Mutatis Mutandis to Cases of Adjudication) |
| Article 55 (Application Mutatis Mutandis to Cases of Industrial-Use Water) |
Articles 27 through 30, 33, 35 through 40, and 53 shall apply mutatis mutandis to industrial waterworks and industrial waterworks services.
| Article 56 (Supply of Tap Water from Wide-Area Waterworks to General Consumers) |
Tap water from wide-area waterworks may be supplied for general consumers under Article 43 (4) of the Act if the following requirements are met: <by Presidential Decree No. 22506, Nov. 26, 2010> | 1. | Where the directly supply of tap water from wide-area water services is inevitable because the supply of tap water by local water supply or by other means is substantially difficult; |
| 2. | Where water is supplied for public institutions, military units, schools, power plants, or factories using at least 1,000 tons of water per day; |
| 3. | Deleted. <by Presidential Decree No. 22506, Nov. 26, 2010> |
| Article 57 (Exclusive Waterworks Installed by the State) |
| (1) | Where the State intends to install exclusive waterworks pursuant to Article 51 of the Act, the competent Minister shall consult with the Minister of Environment on private-use waterworks or with the Minister of Land, Infrastructure and Transport on private-use industrial waterworks. <Amended by Presidential Decree No. 20680, Feb. 29, 2008; Presidential Decree No. 24451, Mar. 23, 2013> |
| Article 58 (Application for Authorization of Private-Use Waterworks) |
| (1) | Any person who intends to obtain authorization for installing private-use waterworks pursuant to Article 52 of the Act shall submit, to the Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province or the head of a Si/Gun, an application for authorization to install private-use waterworks, along with installation plans, as prescribed by Ordinance of the Ministry of Environment. <Amended by Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012> |
| (2) | Installation plans under paragraph (1) shall include the following matters: <Amended by Presidential Decree No. 20846, Jun. 20, 2008> |
| 1. | An outline of waterworks facilities; |
| 2. | The population to be supplied with water and the volume of water to be supplied per person per day; |
| 3. | The maximum daily water supply and the average daily water supply; |
| 4. | Matters prescribed in Article 27 (2) 5 through 8; |
| 5. | A review of the effects of installing private-use waterworks upon persons holding existing water rights: Provided, That this shall not apply where a permit to exploit or use a forebay is obtained under any other Act or subordinate statute, such as the Groundwater Act. |
| Article 58-2 (Requirements for Authorization of Private-use Waterworks) |
Any person who intends to obtain authorization of private-use waterworks as prescribed by Article 52 (1) of the Act shall meet all of the following requirements: | 1. | To meet standards for facilities under Article 29: Provided, That standards for facilities pursuant to paragraph (1) 2, 3, 5 or 6 of the same Article shall apply only to cases where the relevant facilities are necessary; |
| 2. | To obtain consent from persons holding existing water rights, if such authorization will clearly inflict losses thereon: Provided, That cases where permission to exploit or use water-intake sources is obtained under any other Act or subordinate statute, such as the Groundwater Act shall be excluded. |
[This Article Newly Inserted by Presidential Decree No. 20846, Jun. 20, 2008]
| Article 59 (Matters of which Modification Requires Authorization for Private-Use Waterworks) |
| 1. | The location of water source or forebay, and the methods of purification; |
| 2. | A location map of water services facilities and ground plans; |
| 3. | The maximum daily water supply and the average daily water supply (excluding cases where the volume of decrease or increase shows less than 1/10). |
| Article 60 (Missions, etc.) |
The Association shall perform the following missions: <Amended by Presidential Decree No. 25430, Jun. 30, 2014>
| 1. | Making proposals and providing advice with respect to policies on and administration of water services (including sewage; hereinafter the same shall apply in this Article); |
| 2. | Deleted; <by Presidential Decree No. 27985, Apr. 11, 2017> |
| 3. | Surveying and researching on, and propagating the development of water supply-related technology and water services; |
| 4. | Researching on and propagating standards for water services facilities and for the design thereof, and official instructions; |
| 5. | Public relations, education, and in-service training for water services; |
| 6. | International exchanges relating to water supply; |
| 7. | Promoting the welfare of members of the Association and protecting their rights and interests; |
| 8. | Research on specifications of materials and products for waterworks, the establishment of collective standards, testing, and certification; |
| 9. | Evaluation of technology and technical support for water services facilities; |
| 10. | Other missions that are commissioned by the Minister of Environment, or prescribed by the articles of association. |
| Article 61 (Supervision over Association) |
| (1) | The Minister of Environment shall supervise the affairs of the Association. |
| (2) | Where the Minister of Environment deems necessary for supervision pursuant to paragraph (1), he/she may request the Association to submit necessary material. |
| Article 62 (Establishment of Safety Management System for Water-Purification Plants) |
| (1) | The Minister of Environment may implement a system to evaluate the operation of water-purification plants and the status of management of the facilities therein, in order to establish safety supervision for water-purification plants. |
| (2) | Matters necessary to grant a reward, etc. based on the operation of an evaluation system under paragraph (1) and evaluation thereby shall be determined and publicly announced by the Minister of Environment. <Amended by Presidential Decree No. 23784, May 14, 2012> |
| Article 63 (Delegation or Entrustment of Compulsory Collection) |
Any local government which intends to delegate or entrust the compulsory collection of tap-water use fee rates, etc. in accordance with Article 68 (2) of the Act, shall send delegated or entrusted local government documents, stating the following matters: | 1. | The former and present addresses of obligators to pay such fee rates; |
| 2. | The amount to be paid and the deadline for the payment thereof; |
| 3. | Whether demand notes or notices have been issued and, if issued, the dates of issuance; |
| 4. | Other matters for reference. |
| Article 64 (Scope of Usage of Revenues) |
"Matters prescribed by Presidential Decree" in Article 69 of the Act means the following matters: <Amended by Presidential Decree No. 25430, Jun. 30, 2014> | 1. | Subsidies or loans that are provided to cover expenses incurred in washing, renewing, or replacing water supply facilities under Article 21 (5) of the Act; |
| 2. | Subsidies that are provided to cover expenses incurred in conducting a water-quality inspection under Article 33 (2) of the Act; |
| 3. | Partial subsidies that are provided to cover expenses incurred in installing water pipes under provisions on supply under Article 53. |
| Article 65 (Expenses to be Levied on Persons Incurring Such Expenses) |
| (1) | In order to levy waterworks expenses on a person who has incurred such expenses (including a person who has incurred waterworks expenses to build new or more water services facilities, as a result of building facilities which use a large volume of tap water, such as housing complexes and industrial complexes), as prescribed by Article 71 (1) of the Act, a waterworks business operator shall have prior consultation with the person on whom such expenses are to be levied with regard to standards for the computation of such expenses prescribed by Article 71 (2) of the Act and the method of payment thereof. In such cases, if such consultation does not lead to agreement, the waterworks business operator may determine such amount in consideration of anticipated expenses necessary for waterworks according to the amount of tap water used. <Amended by Presidential Decree No. 20521, Jan. 3, 2008; Presidential Decree No. 27985, Apr. 11, 2017> |
| (2) | In order to levy waterworks expenses on a person who has incurred such expenses as prescribed by paragraph (1), a waterworks business operator shall compute anticipated waterworks expenses, and issue the person on whom such expenses are to be levied a written notice stating the amount of expenses and the deadline and place for payment thereof. <Amended by Presidential Decree No. 20521, Jan. 3, 2008> |
| (3) | Expenses to be levied on a person who has incurred such expenses in accordance with paragraph (1) shall be the aggregate of the followings: |
| 1. | The cost of building new or additional water services facilities; |
| 2. | Costs for restoration of facilities to their original state; |
| 3. | The amount of money corresponding to use fees for tap water which became unusable due to the cleaning, etc. of water services facilities; |
| 4. | Expenses for water wagons used due to the suspension of water supply; |
| 5. | Expenses for the restoration of roads to their original state and costs required for preventing the freezing of roads; |
| 6. | Expenses for vehicles used and personnel called into services for restoration works; |
| 7. | Other expenses, etc. for public relations. |
| (4) | In order to levy waterworks expenses on a person who has inflicted damage to water services facilities in accordance with Article 71 (1) of the Act, a waterworks business operator shall compute expenses for repair and maintenance of water services facilities or expenses to build damage prevention facilities, and issue the person on whom such expenses are to be levied a written notice stating the amount of expenses, and the deadline and place for payment thereof. <Newly Inserted by Presidential Decree No. 20521, Jan. 3, 2008> |
| (5) | Expenses to be levied on a person who has incurred such expenses in accordance with paragraph (4) shall be the aggregate of each of the following subparagraphs: <Newly Inserted by Presidential Decree No. 20521, Jan. 3, 2008> |
| 1. | The amount of money corresponding to use fees for tap water which has leaked or become unusable due to damage, etc. to water services facilities; |
| 2. | Expenses prescribed by paragraph (3) 2, and 4 through 7. |
| (6) | The detailed criteria necessary for the computation of expenses prescribed by paragraphs (3) and (5) shall be prescribed by ordinances of the relevant local government. <Amended by Presidential Decree No. 20521, Jan. 3, 2008> |
| Article 66 (Subsidy from National Treasury to Water Services Provider) |
When the State provides subsidies to a waterworks business operator, which is a local government, according the proviso to Article 75 of the Act, the percentage of the State subsidy shall be based on 30/100 of the total project expenses, however, such rate may increase or decrease within 20/100 in consideration of manufacturing cost for water and water use fees, etc. [This Article Newly Inserted by Presidential Decree No. 21829, Nov. 17, 2009]
| Article 67 (Delegation or Entrustment of Authority) |
| (1) | The Minister of Environment shall delegate the following authority to a Mayor/Do Governor pursuant to Article 78 (1) of the Act: <Amended by Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 23557, Jan. 26, 2012; Presidential Decree No. 23784, May 14, 2012; Presidential Decree No. 27335, Jul. 12, 2016> |
| 2. | Removal of equipment, etc. prescribed in Article 13 (2) of the Act, taking other necessary measures, or suspending the supply of tap water; |
| 5. | Seeking opinions from residents when designating or modifying water source protection areas prescribed in Article 11-2. |
| (2) | The Minister of Environment shall delegate the following authority to the head of each basin environmental office or the head of each regional environmental office pursuant to Article 78 (1) of the Act: <Amended by Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 23784, May 14, 2012; Presidential Decree No. 25430, Jun. 30, 2014> |
| 2. | Review of the validity of water quality control plans for water source protection areas and evaluation of the results of implementation of such plans under Article 8-2 (2) and (3) of the Act; |
| 3. | Orders to improve the management of waterworks business under Article 62 of the Act, or orders to take other necessary measures. |
| (3) | Notwithstanding the jurisdiction of a basin environmental office under Article 36 of the Organization of the Ministry of Environment and its affiliated agencies, the Minister of Environment may delegate the following authority to the head of a basin environmental office according to the jurisdiction referred to in attached Table 4, pursuant to Article 78 (1) of the Act: <Newly Inserted by Presidential Decree No. 23784, May 14, 2012> |
| 1. | Approval for a basic plan for waterworks installation and management for general waterworks formulated by the head of a Si/Gun pursuant to Article 4 (3) of the Act and approval for amendment thereto: Provided, That a plan for waterworks installation and management for general waterworks formulated by the head of a Si/Gun that supplies or is supplied with wide-area waterworks shall be excluded; |
| 2. | Authorization for local waterworks installed by the head of a Si/Gun pursuant to Article 17 (1) 1 of the Act and authorization for revision thereto; |
| 3. | A public notice of authorization for local waterworks referred to in subparagraph 2 pursuant to Article 17 (3) of the Act. |
| (4) | The Minister of Environment shall entrust certification affairs of hygiene and safety standards under Article 14 (1) of the Act to the Association, pursuant to Article 78 (2) of the Act. <Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010> |
| (6) | The Minister of Land, Infrastructure and Transport shall entrust the following affairs to the Korea Water Resources Corporation pursuant to Article 78 (2) of the Act: <Newly Inserted by Presidential Decree No. 22506, Nov. 26, 2010; Presidential Decree No. 24451, Mar. 23, 2013> |
| 1. | Surveys and research to formulate a basic plan for waterworks installation and management for wide-area waterworks and industrial waterworks under Article 4 (1) 1 of the Act; |
| 2. | Surveys, design, and research on installing industrial waterworks facilities under Article 48 of the Act. |
| (7) | Pursuant to Article 78 (2) of the Act, the Minister of Environment shall entrust the following authority to the Korea Environment Corporation: <Newly Inserted by Presidential Decree No. 25430, Jun. 30, 2014; Presidential Decree No. 27985, Apr. 11, 2017> |
| 1. | Construction and operation of the system for management of information on water sources under Article 7-3 of the Act; |
| Article 67-2 (Processing of Personally Identifiable Information) |
| 1. | Affairs concerning qualifying examinations for certified operation managers of water purification facilities under Article 24 (1) of the Act; |
| 2. | Affairs concerning reductions in water tariffs of the general waterworks business operator under Article 38 (4) of the Act. |
[This Article Wholly Amended by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 68 (Review of Regulations) |
The Minister of Environment shall review the validity of the following matters every three years from the reference date specified in each subparagraph (referring to on or before the day immediately before every third anniversary of the reference date) and shall take measures for improvement: <Amended by Presidential Decree No. 25430, Jun. 30, 2014>
| 1. | The hygiene and safety standards under Article 24 and attached Table 1-2: July 1, 2014; |
| 2. | The use of materials or products for waterworks under Article 24-2: July 1, 2014; |
| 3. | Subject matters of water-saving facilities under Article 25: July 1, 2014; |
| 3-2. | Standards for the registration of water-saving business under Article 25-2 and attached Table 1-3: July 1, 2014; |
| 4. | Deleted; <by Presidential Decree No. 28471, Dec. 12, 2017> |
| 5. | Education, etc. on the management of water services facilities under Article 52: July 1, 2014. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 69 (Standards for Imposition of Administrative Fines) |
Standards for imposition of administrative fines provided for in Article 87 (1) through (4) of the Act shall be as stipulated in attached Table 5. <Amended by Presidential Decree No. 27335, Jul. 12, 2016> [This Article Wholly Amended by Presidential Decree No. 23784, May 14, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 1 and 2 of Article 22 shall enter into force on September 28, 2007, those of Articles 65 and 66 on January 4, 2008, and those of Article 30 on June 30, 2009.
Article 2 (Transitional Measures concerning Enforcement Date)
Under the proviso to Article 1 of this Addenda, until the amended provisions of subparagraphs 1 and 2 of Article 22, Articles 30, 65 and 66 enter into force, the corresponding former provisions of subparagraphs 1 and 2 of Article 13, Articles 18-2, 35 and 36 shall apply.
Article 3 (Transitional Measures for Materials Used for Water Services)
Materials used for water services, which fall under the standards, as at March 1, 1998, in accordance with the former provisions (referring to those prior to the amendment made by Presidential Decree No. 15659), shall be deemed to meet the standards for materials used for water services in accordance with the amended provisions of Article 30.
Article 4 (Special Cases for Examinations for Certified Water-Purification Facility Managers)
Notwithstanding the amended provisions of Article 42, any person who has passed an examination for certified water-purification plant operators, which has been held by the president of the Korea Water and Wastewater Works Association prior to June 29, 2006, shall be exempted from the first test in an equivalent grade for an examination for certified water-purification facility managers, which is held by December 31, 2007.
Article 5 Omitted
ADDENDA <Presidential Decree No. 20289, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 20290, Sep. 27, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 28, 2007.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20521, Jan. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 4, 2008.
Article 2 (Applicability)
The amended provisions of Articles 41 through 43 and attached Table 3 shall apply from the first examination for certified water-purification facility managers publicly announced after this Decree enters into force.
Article 3 (Transitional Measures concerning Renaming of Grades of Examinations for Certified Water-Purification Facility Managers)
Any person who has passed GradeI, II, and III examinations for certified water-purification facility managers under the former provisions at the time this Decree enters into force shall be deemed to have passed GradeI, II, and III examinations for certified water-purification facility managers under the amended provisions of Articles 41 and 42 and attached Table 3.
ADDENDA <Presidential Decree No. 20680, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20763, Apr. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 7, 2008.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 20789, May 21, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20846, Jun. 20, 2008>
This Decree shall enter into force on June 28, 2008.
ADDENDA <Presidential Decree No. 21148, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 6, 2008.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21629, Jul. 16, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21829, Nov. 17, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Terms of Validity)
The revised provisions of Article 66 shall be effective until December 31, 2014.
ADDENDA <Presidential Decree No. 21904, Dec. 24, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 22003, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 1, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22506, Nov. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 24, 24-2, 30, 48 (1) 3 and 67 (4) and attached Table 1-2 shall enter into force on May 26, 2011.
Article 2 (Applicability to Change of Criteria for Expense Sharing)
The amended provisions of Article 23 (2) shall apply, starting from the raw water taken first after this Decree enters into force.
Article 3 (Special Case concerning Scope of Regions Where Establishment of Factory in Industrial Complexes is Restricted in Accordance with the Act on Special Cases concerning the Simplification of Authorization and Permission Procedures for Industrial Complexes) Article 4 (Transitional Measures concerning Scope of Regions Where Establishment of Factories, such as Operating Water-Intake Facilities is Restricted)
| (1) | Notwithstanding the amended provisions of the proviso to subparagraph 1 of Article 14-2, the amended provisions of the main body of subparagraph 1 of Article 14-2 shall apply to the cases of local waterworks that are operating at the time this Decree enters into force and the water intake capacity of which is not less than 200,000 m3 per day. |
| (2) | Where a basic plan for waterworks installation and management has been announced for the development of wide-area water source intake facilities with a capacity of not less than 200,000 m3 a day pursuant to Article 4 (5) of the Water Supply and Waterworks Installation Act in order to replace the water intake facilities of local waterworks operating at the time this Decree enters into force, notwithstanding the amended provisions of the proviso to subparagraph 1 of Article 14-2, the amended provisions of the main sentence of subparagraph 1 of Article 14-2 shall apply to the wide-area water source intake facilities. |
| (3) | Where the head of each Si/Gun/Gu recognizes that the annual average of raw water quality, taken from the wide-area water source intake facilities in paragraph (2), maintains an Ia grade in terms of biochemical oxygen demand and chemical oxygen demand as stipulated in subparagraph 3 (a) (ii) of attached Table 1 of the Enforcement Decree of the Framework Act on Environmental Policy and it is not sustainable to maintain the grade, he/she may approve the establishment of factories in regions beyond four kilometers, notwithstanding the amended provisions of Article 14-3. |
Article 4-2 (Transitional Measures concerning Establishment or Extension of Factories in Existing Industrial Complexes within Areas where Establishment of Factories is Restricted and Change of Type of Business of such Factories)
Notwithstanding the amended provisions of Articles 14-2 and 14-3, any of the following activities may be conducted in an industrial complex that is already designated and developed under subparagraph 8 of Article 2 of the Industrial Sites and Development Act before November 26, 2010 (including the industrial complexes for which a contract on services for the formulation of a plan for the development of an industrial complex has been awarded, an application for the approval of a plan for the development of an industrial complex has been filed, or the procedure for the designation and development of an industrial complex has commenced in any other way, before November 26, 2010, and the procedure for the designation and development is to be completed on or after November 26, 2010; hereinafter referred to as "existing industrial complexes") within an area where the establishment of factories is restricted under the amended provisions of Article 14-2: | 1. | Establishment of any new factory other than the following factories (hereinafter referred to as "factories discharging any specified substance harmful to water quality") within the maximum treatment capacity of the waste water treatment plant in the existing industrial complex: |
| (b) | A factory subject to the registration of a business handing poisonous substances under Article 20 of the Toxic Chemicals Control Act or subject to the permission for a business handling restricted or prohibited substances under Article 34 of the aforementioned Act; |
| 2. | Extension of any factory other than the factories discharging any specified substance harmful to water quality within the maximum treatment capacity of the waste water treatment plant in the existing industrial complex; |
| 3. | Change of the type of business to any factory other than the factories discharging any specified substance harmful to water quality within the maximum treatment capacity of the waste water treatment plant in the existing industrial complex. |
[This Article Newly Inserted by Presidential Decree No. 25309, Apr. 15, 2014]
Article 5 (Transitional Measures concerning Extension of Factories Outside of Existing Industrial Complexes in Areas Where Establishment of Factories is Restricted and Change of Type of Business of such Factories)
Notwithstanding the amended provisions of Articles 14-2 and 14-3, either of the following activities may be conducted for the factories already established before this Decree enters into force (limited to the factories outside of an industrial complex) in an area where the establishment of factories is restricted under the amended provisions of Article 14-2:
| 1. | Extension of any factory other than the factories discharging any specified substance harmful to water quality within the maximum area of the building site of the factory as on November 26, 2010; |
| 2. | Change of the type of business to any factory other than the factories discharging any specified substance harmful to water quality without increasing the discharged volume of waste water. |
[This Article Wholly Amended by Presidential Decree No. 25309, Apr. 15, 2014]
Article 6 (Transitional Measures concerning Disposition of Imposition of Fines for Negligence)
| (1) | Notwithstanding the amended provisions of attached Table 5, the application of criteria for imposition of fines for negligence against violations committed before this Decree enters into force shall follow the previous examples. |
| (2) | The dispositions of imposition of fines for negligence against acts of violation committed before this Decree enters into force shall be included in the calculation of number of times of violations committed pursuant to the amended provisions of attached Table5. |
ADDENDA <Presidential Decree No. 22967, Jun. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 9, 2011.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 23267, Oct. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 29, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23313, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 25, 2011.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 23416, Dec. 28, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23557, Jan. 26, 2012>
This Decree shall enter into force on January 29, 2012.
ADDENDUM <Presidential Decree No. 23784, May 14, 2012>
This Decree shall enter into force on May 15, 2012: Provided, That the amended provisions concerning a Special Self-Governing City and the Mayor of a Special Self-Governing City shall enter into force on July 1, 2012.
ADDENDA <Presidential Decree No. 23967, Jul. 20, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24229, Dec. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Presidential Decree No. 24451, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24560, May 31, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 2, 2013.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25309, Apr. 15, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Extension of Factories in Existing Industrial Complexes in Areas Where Establishment of Factories is Restricted or Change of Type of Business of such Factories)
ADDENDUM <Presidential Decree No. 25430, Jun. 30, 2014>
This Decree shall enter into force on July 1, 2014.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That, the amended provisions of a Presidential Decree, promulgated before this Decree enters into force, but the date they are to enter into force, has not yet arrived, among Presidential Decrees amended pursuant to Article 5 of Addenda, shall enter into force on the date the relevant Decree enters into force.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25785, Nov. 28, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26774, Dec. 30 2015>
ADDENDA <Presidential Decree No. 27335, Jul. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 28, 2016: Provided, That the amended provisions of Article 67-2 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
No disposition for imposing administrative fines for any offense committed before this Decree enters into force shall be included in calculating the number of offenses specified in the amended provisions of subparagraph 2 (c) of attached Table 5.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted).
ADDENDA <Presidential Decree No. 27985, Apr. 11, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Education on Management of Waterworks)
The amended provision of the proviso to Article 52 (2) 2 shall apply beginning with persons who become those who are to receive education under Article 36 (1) and (2) of the Act after this Decree enters into force.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 8 of Addenda, amended parts of Presidential Decrees which were promulgated before this Decree enters into force, the enforcement dates of which have not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28243, Aug. 16, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28471, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.