ENFORCEMENT DECREE OF THE MALODOR PREVENTION ACT
Presidential Decree No. 18695, Feb. 7, 2005
Amended by Presidential Decree No. 20297, Sep. 28, 2007
Presidential Decree No. 22639, Jan. 26, 2011
Presidential Decree No. 23267, Oct. 28, 2011
Presidential Decree No. 24135, Oct. 9, 2012
Presidential Decree No. 25478, Jul. 16, 2014
Presidential Decree No. 25613, Sep. 18, 2014
Presidential Decree No. 27278, jun. 28, 2016
Presidential Decree No. 27735, Dec. 30, 2016
Presidential Decree No. 29842, jun. 11, 2019
The purpose of this Decree is to provide for matters mandated by the Malodor Prevention Act and matters necessary for the enforcement thereof. [This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 1-2 (Application of Stringent Maximum Allowable Emission Level) |
| 1. | Facilities located in an area designated as a malodor control area (hereinafter referred to as "malodor control area") pursuant to Article 6 (1) of the Act; |
| 2. | The following facilities located in an area other than a malodor control area: |
| (b) | Facilities in which case the period for taking measures necessary to prevent malodor under Article 8-2 (3) of the Act has elapsed, in which case complaints related to malodor are continuously raised for at least one year and which emits compound malodor or designated malodor-producing substances exceeding the maximum allowable emission level (hereinafter referred to as "maximum allowable emission level") under Article 7 (1) of the Act. |
| (2) | Where a Special Metropolitan City, Metropolitan City, Do (excluding cities with a population of at least 500,000 within the areas under the jurisdiction thereof), Special Self-Governing City, Special Self-Governing Province, or city with a population of at least 500,000 prescribes the stringent maximum allowable emission level by its ordinance pursuant to Article 7 (2) of the Act, it may choose not to apply the stringent maximum allowable emission level for up to one year, as prescribed by its ordinance, in consideration of the period for preparation necessary to comply with the stringent maximum allowable emission level. <Amended by Presidential Decree No. 24135, Oct. 9, 2012> |
[This Article Newly Inserted by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 2 (Grounds for Extension of Period for Taking Measures) |
"Cases prescribed by Presidential Decree, such as where special technologies are required for taking the relevant measures" in the proviso of Article 8 (5) and the proviso of Article 8-2 (3) of the Act means any of the following cases: <Amended by Presidential Decree No. 23267, Oct. 28, 2011> | 1. | Where it is inevitable for a person to extend the period for taking measures because it takes long time to introduce special malodor prevention technology which he or she cannot acquire in the Republic of Korea; |
| 3. | Where the suspension of the operation of a place of business that operates 24 hours consecutively is likely to seriously interfere with the manufacture of products due to the characteristics of processes; |
| 4. | Where a person is unable to install malodor-preventing facilities due to a natural disaster, fires, or other circumstances beyond his or her control. |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 3 (Period for Taking Measures to Comply with Improvement Order) |
| (1) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor (excluding cities with a population of at least 500,000 within the areas under his or her jurisdiction), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a city with a population of at least 500,000 (hereinafter referred to as "head of a large city") issues an improvement order under Article 10 of the Act, he or she may prescribe the period for taking measures not exceeding one year, in consideration of the period required to take measures, such as the elimination or control of malodor. <Amended by Presidential Decree No. 24135, Oct. 9, 2012> |
| (2) | Where an operator of facilities subject to reporting who has received an improvement order under Article 10 of the Act is unable to take measures within the period for taking measures under paragraph (1) due to a natural disaster or any other unavoidable reason, the Mayor/Do Governor or the head of a large city may extend the period for taking measures by up to six months after receiving an application filed by the operator of facilities subject to reporting. In such cases, he or she shall file an application for extension before the period for taking measures under paragraph (1) expires. |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 4 (Voluntary Improvements Made by Operators of Facilities Subject to Reporting) |
| (1) | In any of the following cases where an operator of facilities subject to reporting emits malodor exceeding the maximum allowable emission level, he or she may voluntarily submit to the Mayor/Do Governor or the head of a large city, an improvement plan stating grounds for making improvements to malodor-emitting facilities or malodor-preventing facilities, the period of improvement, the details of improvement, the expected amount of emissions of pollutants, the emission intensity, a malodor reduction and control plan during the period of improvement, and an operation and management plan, etc. after making improvements, and may make improvements to malodor-emitting facilities or malodor-preventing facilities, before the Mayor/Do Governor or the head of a large city inspects the relevant facilities subject to reporting under Article 17 of the Act: |
| 1. | Where it is inevitable to improve, modify, inspect, or repair malodor-emitting facilities or malodor-preventing facilities; |
| 2. | Where he or she is unable to appropriately operate malodor-emitting facilities or malodor-preventing facilities due to an unexpected accident in an important mechanism, etc.; |
| 3. | Where he or she is unable to appropriately operate malodor-emitting facilities or malodor-preventing facilities due to the water supply cut off or power failure; |
| 4. | Where he or she is unable to appropriately operate malodor-emitting facilities or malodor-preventing facilities due to a natural disaster, fire, or other circumstances beyond his or her control. |
| (2) | Where an operator of facilities subject to reporting submits an improvement plan pursuant to paragraph (1), the Mayor/Do Governor or the head of a large city may choose not to issue an improvement order under Article 10 of the Act during the period of improvement. |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 5 (Malodor-Emitting Facilities Subject to Penalty Surcharges) |
| 1. | Livestock breeding facilities; |
| 2. | Organic and inorganic compounds manufacturing facilities: Provided, That where the use of the relevant facilities is discontinued, limited to facilities in which an accident, such as an explosion or fire, is likely to occur because raw materials, supplementary materials, water, or goods (including half-finished goods) put into the relevant facilities cause chemical reactions. |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 6 (Period for Taking Measures concerning Recommendations for Improvement) |
| (1) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a large city, or the head of a Si (excluding the head of a large city; hereinafter the same shall apply)/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) makes recommendations for improvement under Article 14 (1) of the Act or issues an order to take measures under paragraph (2) of that Article, he or she shall prescribe the period for taking measures not exceeding six months in consideration of the period required to take measures, such as the elimination or control of malodor. <Amended by Presidential Decree No. 25613, Sep. 18, 2014; Presidential Decree No. 29842, Jun. 11, 2019> |
| (2) | Where a person who has received recommendations for improvement under Article 14 (1) of the Act or an order to take measures under paragraph (2) of that Article is unable to take measures within the period for taking measures under paragraph (1) due to a natural disaster or other circumstances beyond his or her control, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a large city, or the head of a Si/Gun/Gu may extend the period for taking measures by up to three months upon receiving an application filed by the relevant person who has received recommendations for improvement or an order to take measures. In such cases, he or she shall file an application for extension before the period for taking measures under paragraph (1) expires. <Amended by Presidential Decree No. 25613, Sep. 18, 2014; Presidential Decree No. 29842, Jun. 11, 2019> |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 7 (Confirmation of Implementation of Improvement Order) |
| (1) | Where any of the following persons has implemented measures to execute the relevant improvement order, etc., he or she shall inform the Mayor/Do Governor, the head of a large city, or the head of a Si/Gun/Gu of such fact: |
| 1. | An operator of a facility subject to reporting that has received an improvement order under Article 10 of the Act; |
| 2. | An operator of a malodor-emitting facility that has received recommendations for improvement under Article 14 (1) of the Act or an order to take measures under paragraph (2) of that Article; |
| 3. | An operator of a facility subject to reporting that has submitted an improvement plan under Article 4 (1). |
| (2) | Upon receipt of notification under paragraph (1) or expiration of the period for taking measures, the Mayor/Do Governor, the head of a large city, or the head of a Si/Gun/Gu shall have the relevant public officials confirm the status of implementation without delay. In such cases, where malodor inspection is deemed necessary, he or she shall have samples collected and request a malodor-inspecting institution under Article 18 (1) of the Act (hereinafter referred to as “malodor-inspecting institution”) for malodor inspection. |
[This Article Wholly Amended by Presidential Decree No. 29842, Jun. 11, 2019]
| Article 7-2 (Registration Requirements for Specialized Institutions for Technical Diagnosis) |
| (1) | “Requirements for facilities, equipment, technical personnel, etc. prescribed by Presidential Decree” in Article 16-3 (1) of the Act means registration requirements under attached Table 1. |
| (2) | “Matters prescribed by Presidential Decree, such as a report on technical diagnosis performance” in subparagraph 5 of Article 16-4 of the Act means the following: |
| 1. | Technical diagnosis performance of the previous year shall be reported to the Minister of Environment by January 31 every year; |
| 2. | Reports on the results of technical diagnosis (hereafter in this Article referred to as “technical diagnosis result reports”) or data based on which the reports are prepared shall not be falsely or poorly prepared; |
| 3. | Technical diagnosis result reports shall not be prepared by reproducing the main ideas of other technical diagnosis result reports; |
| 6. | The cost standards for technical diagnosis that the Minister of Environment gives public notice of, taking into consideration the type, size, etc. of a facility subject to technical diagnosis shall be complied with; |
| 7. | Where specialized institutions for technical diagnosis under Article 16-3 (2) of the Act (hereinafter referred to as “specialized institutions for technical diagnosis”) are related specialized institutions or their affiliates (referring to the affiliates defined in subparagraph 3 of Article 2 of the Monopoly Regulation and Fair Trade Act) entrusted with the affairs relating to a local government’s public sewerage construction (including management affairs) under Article 74 (3) of the Sewerage Act, the institutions shall not be entrusted with the affairs of technical diagnosis on the relevant local government’s public sewage during the entrustment period. |
[This Article Newly Inserted by Presidential Decree No. 29842, Jun. 11, 2019]
| Article 8 (Cooperation by Related Institutions) |
"Matters prescribed by Presidential Decree" in the former part of Article 20 of the Act means the following: <Amended by Presidential Decree No. 25478, Jul. 16, 2014> | 1. | Submission of data necessary to smoothly conduct fact-finding surveys of the generation of malodor under Article 4 of the Act; |
| 2. | Submission of data necessary to formulate countermeasures to prevent malodor in public waters, such as sewerage, rivers, lakes and marshes, and harbors. |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 8-2 (Places of Business Eligible for Technical Assistance for Reduction of Malodor and Procedures Therefor) |
| (1) | The Minister of Environment may provide technical assistance for reduction of malodor to places of business he or she deems to be in need of technical assistance necessary to reduce malodor (hereinafter referred to as "technical assistance for the reduction of malodor") among the following places of business pursuant to Article 21 (1) of the Act: Provided, That the foregoing shall not apply to places of business that receive technical assistance for the reduction of malodor to reduce malodor from the Cleaner Production Center pursuant to Article 7 of the Act on the Promotion of the Conversion into Environment-Friendly Industrial Structure: <Amended by Presidential Decree No. 27735, Dec. 30, 2016> |
| (a) | Places of business where malodor-emitting facilities have been installed; |
| (b) | Places of business for which the head of a local government has requested the Minister of Environment to provide technical assistance for the reduction of malodor; |
| 2. | Deleted; <by Presidential Decree No. 27735, Dec. 30, 2016> |
| 3. | Other places of business for which the Minister of Environment deems it necessary to take special measures to control malodor. |
| (2) | Any person who intends to receive technical assistance for the reduction of malodor shall file an application therefor with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. In such cases, the head of a local government having jurisdiction over the relevant place of business may submit to the Minister of Environment, his or her opinion necessary for technical assistance for the reduction of malodor. |
| (3) | The Minister of Environment in receipt of an application pursuant to paragraph (2) shall determine a plan for technical assistance for the reduction of malodor in consideration of the characteristics of the place of business eligible for technical assistance for the reduction of malodor, and notify an applicant of such plan by no later than seven days prior to the commencement of technical assistance for the reduction of malodor. In such cases, where it is necessary to determine a plan for technical assistance for the reduction of malodor, he or she may listen to opinions of the relevant green environment center under Article 10 of the Environmental Technology and Industry Support Act, the head of a local government having jurisdiction over the relevant place of business, or a specialized institution related to the reduction of malodor. |
| (4) | Where a person who has applied for technical assistance for the reduction of malodor or has received technical assistance for the reduction of malodor requests the Minister of Environment or the head of a local government to protect information related to the relevant facilities, production processes, products, etc., the Minister of Environment or the head of a local government in receipt of such request shall take action lest information should be disclosed or divulged. |
| (5) | Except as provided in paragraphs (1) through (4), detailed matters necessary for technical assistance for the reduction of malodor shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted by Presidential Decree No. 24135, Oct. 9, 2012]
| Article 9 (Delegation and Entrustment of Authority and Affairs) |
| (1) | The Minister of Environment shall delegate the following authority to the head of a river basin environmental office or the head of a regional environmental office pursuant to Article 24 (1) of the Act: <Amended by Presidential Decree No. 29842, Jun. 11, 2019> |
| 3. | An order to report and submit data, and inspection under Article 17 of the Act (limited to matters relating to the authority delegated to the head of a river basin environmental office or the head of a regional environmental office); |
| 6. | Receipt of a report on technical diagnosis performance of the previous year under Article 7-2 (2) 1. |
| (2) | The Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research pursuant to Article 24 (1) of the Act: |
| 1. | Matters concerning the designation of a malodor-inspecting institution under Article 18 (1) of the Act, the receipt of reports on alterations to designated matters under paragraph (3) of that Article, and the issuance of a certificate of designation and the public announcement of the issuance thereof under paragraph (4) of that Article; |
| (3) | The Mayor/Do Governor shall delegate the following authority to the head of a Si/Gun/Gu pursuant to Article 24 (2) of the Act: <Amended by Presidential Decree No. 25613, Sep. 18, 2014; Presidential Decree No. 27278, Jun. 28, 2016; Presidential Decree No. 27735, Dec. 30, 2016; Presidential Decree No. 29842, Jun. 11, 2019> |
| 1. | Acceptance of reports on the installation of and reports on modifications to malodor-emitting facilities under Article 8 (1) of the Act; |
| 10. | An order to submit reports and data, and inspections (limited to the authority delegated to the head of a Si/Gun/Gu) under Article 17 of the Act; |
| 12. | Imposition and collection of administrative fines under Article 30 (1) 1 and (2) of that Article; |
| 13. | Receipt of an improvement plan under Article 4. |
| (4) | The Minister of Environment shall entrust the following affairs to the Korea Environment Corporation under the Korea Environment Corporation Act pursuant to Article 24 (3) of the Act: <Newly Inserted by Presidential Decree No. 24135, Oct. 9, 2012; Presidential Decree No. 27278, Jun. 28, 2016; Presidential Decree No. 29842, Jun. 11, 2019> |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
| Article 10 (Standards for Imposition of Administrative Fines) |
| (1) | Standards for the imposition of administrative fines under Article 30 (1) and (2) of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 29842, Jun. 11, 2019> |
| (2) | Persons who have authority to impose administrative fines under Article 30 (1) and (2) of the Act shall be classified as follows: <Amended by Presidential Decree No. 27278, Jun. 28, 2016; Presidential Decree No. 29842, Jun. 11, 2019> |
| 1. | In cases falling under Article 30 (1) 1 of the Act: A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a large city, or the head of a Si/Gun/Gu; |
| 4. | In cases falling under Article 30 (2) 2 of the Act: The Minister of Environment, the Mayor/Do Governor, or the head of a large city. |
[This Article Wholly Amended by Presidential Decree No. 22639, Jan. 26, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on February 10, 2005.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20297, Sep. 28, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 5, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22639, Jan. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2011.
Article 2 (Transitional Measures concerning Imposition of Administrative Fines)
| (1) | Where the standards for the imposition of administrative fines apply to offenses committed before this Decree enters into force, notwithstanding the amended provisions of the attached Table, the previous examples shall apply to such offenses. |
| (2) | Administrative fines imposed due to offenses committed before this Decree enters into force shall be included in the computation of the number of times that offenses under the amended provisions of the attached Table are committed. |
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.
ADDENDUM <Presidential Decree No. 24135, Oct. 9, 2012>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25478, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 17, 2014.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25613, Sep. 18, 2014>
This Decree shall enter into force on September 25, 2014.
ADDENDUM <Presidential Decree No. 27278, Jun. 28, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDUM <Presidential Decree No. 27735, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29842, Jun. 11, 2019>
This Decree shall enter into force on June 13, 2019.