CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for installing and operating public waste resources management facilities and providing support for residents in order to prevent damage to the people’s health and property caused by waste resources, thereby contributing to the sustainable preservation of the environment and the qualitative improvement of the people’s living through enabling the prompt and eco-friendly treatment of wastes subject to public treatment.
The definitions of terms used in this Act are as follows:
| 3. | The term “improperly treated wastes” means wastes treated in a manner inconsistent with the standards for and methods of waste treatment under Article 13 of the Wastes Control Act or the principles of recycling wastes and the matters to be observed under Article 13-2 of that Act, or dumped or buried in violation of Article 8 (1) or (2) of that Act; |
| 7. | The term “wastes subject to public treatment” means any of the following: |
| (b) | Improperly treated wastes; |
| (d) | Industrial wastes defined in subparagraph 3 of Article 2 of the Wastes Control Act, which are prescribed by Presidential Decree because there is a risk of damage to the people’s health and property; |
| 8. | The term “public waste resources management facility” means a waste treatment facility installed and operated to treat wastes subject to public treatment. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State shall formulate and implement a policy to install and operate public waste resources management facilities in a stable way. |
| (2) | The State shall endeavor to expand financial resources and to prepare support plans necessary to install and operate public waste resources management facilities in a stable way. |
| (3) | The State and local governments shall cooperate with each other to facilitate the installation and operation of public waste resources management facilities. |
| Article 4 (Relationship to Other Statutes) |
| (1) | With respect to the installation and operation of public waste resources management facilities, this Act shall prevail over other statutes: Provided, That when any other statute prescribes provisions which are more relaxed than the provisions concerning special cases under this Act, such other statute shall prevail. |
| (2) | With respect to the installation and operation of public waste resources management facilities, the Wastes Control Act and the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act shall apply, except as provided in this Act. |
CHAPTER II INSTALLATION AND OPERATION OF PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
| Article 5 (Master Plan for Public Waste Resources Management Facilities) |
| (1) | The Minister of Environment shall formulate a master plan for installation and operation of public waste resources management facilities (hereinafter referred to as “master plan”) in order to effectively promote a project for installing public waste resources management facilities. |
| (2) | The master plan shall include the following: |
| 1. | Basic directions for installation and operation of public waste resources management facilities and directions for promoting the project by phase; |
| 2. | Current state of and prospects for generation and treatment of wastes subject to public treatment; |
| 4. | Other matters prescribed by Presidential Decree as necessary for installing and operating public waste resources management facilities. |
| (3) | When intending to formulate or modify a master plan, the Minister of Environment shall consult in advance with the head of the relevant central administrative agency. |
| Article 6 (Installation and Operation of Public Waste Resources Management Facilities) |
| (1) | The Minister of Environment shall install public waste resources management facilities to treat wastes subject to public treatment: Provided, That an entity falling under any of the following subparagraphs may install and operate public waste resources management facilities, subject to designation by the Minister of Environment: |
| 3. | An entity, equivalent to subparagraphs 1 and 2, capable of installing and operating public waste resources management facilities, which is prescribed by Presidential Decree. |
| (2) | If an institution that installs and operates a public waste resources management facility designated under paragraph (1) falls under any of the following subparagraphs, the Minister of Environment may revoke its designation or suspend all or part of its business for a fixed period of not more than six months: Provided, That in cases falling under subparagraph 1 or 2, the designation shall be revoked: |
| 1. | Where it is designated as such by fraud or other improper means; |
| 2. | Where it operates the public waste resources management facility during the period of business suspension; |
| 3. | Where it ceases to meet the designation standards under paragraph (4); |
| 4. | Where it is deemed inappropriate to perform affairs of an institution installing and operating a public waste resources management facility because it violated this Act or other statutes and regulations. |
| (3) | When intending to revoke the designation of an institution installing and operating a public waste resources management facility under paragraph (2), the Minister of Environment shall hold a hearing. |
| (4) | Other matters necessary for the standards and procedures for designation and for revocation of designation of institutions installing and operating public waste resources management facilities shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 7 (Formulation and Public Announcement of Plan for Selecting Candidate Locations for Public Waste Resources Management Facilities) |
| (1) | A person who seeks to install and operate a public waste resources management facility pursuant to Article 6 (hereinafter referred to as “installer/operator”) shall formulate a plan for selecting a candidate location (hereinafter referred to as “candidate location selection plan”), including the following: |
| 1. | The type and volume of wastes to be treated; |
| 2. | The type and scale of the public waste resources management facility; |
| 3. | The method of selecting a candidate location for the public waste resources management facility. |
| (2) | Where an installer/operator, other than the Minister of Environment, formulates a candidate location selection plan under paragraph (1), he or she shall obtain approval in advance from the Minister of Environment. |
| (3) | Where the Minister of Environment formulates or approves a candidate location selection plan under paragraph (1) or (2), he or she shall announce it publicly, as prescribed by Presidential Decree. |
| (4) | Where any of the important matters prescribed by Presidential Decree is modified or repealed in the candidate location selection plan, paragraphs (1) through (3) shall apply mutatis mutandis. |
| (5) | An installer/operator shall select a candidate location for a public waste resources management facility through the public bidding process in accordance with the candidate location selection plan, from among the following areas: |
| 2. | An area to which the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) wishes to invite such facility; |
| 3. | An area to which residents wish to invite such facility (limited to cases where a majority of the heads of households residing within two kilometers from the boundary of the proposed location for the public waste resources management facility selected by the residents) agree. |
| (6) | An installer/operator, other than the Minister of Environment, may request the Minister of Environment to select a candidate location if it is impossible to select such candidate location under paragraph (5). |
| (7) | If the Minister of Environment is unable to select a candidate location under paragraph (5) or receives a request to select a candidate location under paragraph (6), he or she shall select as a candidate location an area that is deemed to require the installation and operation of the public waste resources management facility, taking into consideration the master plan: Provided, That in such cases, the Minister of Environment shall consult in advance with the head of the relevant administrative agency. |
| (8) | Details of the procedures for selecting candidate locations, such as the public bidding process, required documents, and requirements for proposed locations for public waste resources management facilities, and detailed standards necessary for the selection of candidate locations under paragraphs (5) through (7), and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 8 (Public Announcements on Selection of Candidate Locations for Public Waste Resources Management Facilities) |
When a candidate location is selected pursuant to Article 7 (5) or (7), the installer/operator shall publicly announce the results, as prescribed by Presidential Decree.
| Article 9 (Selection of Locations for Public Waste Resources Management Facilities) |
| (1) | Where a candidate location is publicly announced pursuant to Article 8, the installer/operator shall, without delay, organize a location selection committee in which the residents’ representative participates (hereinafter referred to as “location selection committee”), as prescribed by Presidential Decree, to select a public waste resources management facility location. |
| (2) | Where a location selection committee selects a location under paragraph (1), it shall in advance require a specialized research institute prescribed by Presidential Decree (hereinafter referred to as “specialized research institute”) to conduct the feasibility study of a candidate location, and reflect the result: Provided, That when deemed that the feasibility study is unnecessary, the location selection committee may omit it. |
| (3) | Where the feasibility study of a candidate location under paragraph (2) is completed, the location selection committee shall, without delay, disclose the process and results (if the feasibility study is omitted under the proviso of paragraph (2), referring to the reasons for omission) to the residents of the Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) whereto the candidate location belongs. In such cases, the installer/operator shall provide administrative support necessary for disclosure. |
| (4) | Where an installer/operator intends to select a location under paragraph (1), he or she shall consult with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of Si/Gun/Gu having jurisdiction over the candidate location. |
| (5) | Where an installer/operator, other than the Minister of Environment, selects a location under paragraph (1), he or she shall submit the result to the Minister of Environment. |
| (6) | With respect to consultation with the Mayor or head of the adjacent Special Self-Governing City or Si/Gun/Gu, the mediation of disputes in the event that such consultation ends in vain, and the location selection committee’s consent to the change of a location selected under paragraph (1), Article 9 (7) through (9) of the Promotion of Installation of Waste Disposal Facilities and Assistance to Adjacent Areas Act shall apply mutatis mutandis. |
| Article 10 (Determination and Public Notification of Public Waste Resources Management Facility Locations) |
| (1) | If a public waste resources management facility location is selected pursuant to Article 9, the Minister of Environment shall determine and notify it publicly according to the methods and procedures prescribed by Presidential Decree, and offer its drawings for public perusal for not less than one month. The same shall also apply where any of the important matters prescribed by Presidential Decree is modified in the publicly notified matters. |
| (2) | Matters necessary for details of the public notification of public waste resources management facility locations under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 11 (Support for Residents within Public Waste Resources Management Facility Locations) |
An installer/operator shall provide support for residents residing in the location of a public waste resources management facility (hereinafter referred to as “public waste resources management facility location”) determined and publicly notified pursuant to Article 10 (1), taking into consideration the loss of their livelihood base caused by the installation of the public waste resources management facility, as prescribed by Presidential Decree: Provided, That the same shall not apply to those who are to be relocated according to the measures for rehabilitation under Article 27 (4).
| Article 12 (Legal Fiction as Areas of Use for Locations Outside Urban Areas) |
Where a public waste resources management facility location is outside the urban area under subparagraph 1 of Article 6 of the National Land Planning and Utilization Act, it shall be deemed that such location has been designated as the planned control area under Article 36 (1) of that Act and that such facility has been determined as the urban or Gun planning facility under Article 43 (1) of that Act.
| Article 13 (Restrictions on Activities within Public Waste Resources Management Facility Locations) |
| (1) | A person who intends to engage in any activity falling under any of the following subparagraphs within a public waste resources management facility location shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu concerned (hereinafter referred to as “head of the competent local government”), according to the procedures and methods prescribed by Presidential Decree. The same shall also apply where he or she intends to modify any of the matters prescribed by Presidential Decree among the permitted ones: |
| 1. | Making changes in the form and quality of land; |
| 2. | Construction of buildings; |
| 3. | Installation of structures; |
| 4. | Gathering of earth, stone, sand, or gravel; |
| 5. | Division of land or open-air storage of objects prescribed by Presidential Decree. |
| (2) | If the head of the competent local government intends to grant permission under paragraph (1), he or she shall consult in advance with the Minister of Environment. |
| (3) | The head of the competent local government may order a person who has performed any activity under any of the subparagraphs of paragraph (1) without obtaining permission under that paragraph to restore the land, etc. to the original state. |
| Article 14 (Formulation and Approval of Plans to Install Public Waste Resources Management Facilities) |
| (1) | Upon determination and public notification under Article 10 (1), the installer/operator shall formulate a plan for installing a public waste resources management facility (hereinafter referred to as “installation plan”), including the following: |
| 1. | Overview of the public waste resources management facility including the following: |
| (a) | The type and volume of wastes to be treated; |
| (b) | The type and scale of the public waste resources management facility; |
| (c) | The location and site area of the public waste resources management facility; |
| (d) | The installer/operator of the public waste resources management facility; |
| (e) | The installation period of the public waste resources management facility; |
| (f) | Areas subject to waste treatment; |
| 2. | A land utilization plan for the surrounding areas (accompanied by a location map); |
| 3. | A financing plan and an annual investment plan, including the following: |
| (a) | The National Treasury; |
| (b) | A special fund for residents created pursuant to Article 29 (1); |
| (c) | Investments by residents in an investment participation area under Article 30 (1); |
| (d) | Other financial resources prescribed by Presidential Decree; |
| 4. | Matters concerning the purchase of and compensation for land, buildings or rights in the relevant area; |
| 5. | Other matters prescribed by Presidential Decree for the installation of the public waste resources management facility. |
| (2) | Upon formulation of an installation plan pursuant to paragraph (1), the installer/operator, other than the Minister of Environment, shall obtain approval therefor from the Minister of Environment. |
| (3) | When intending to formulate or approve an installation plan pursuant to paragraph (1) or (2), the Minister of Environment shall consult in advance with the head of the relevant administrative agency. |
| (4) | Upon receipt of a request from the Minister of Environment for consultation under paragraph (3), the head of the relevant administrative agency shall submit relevant opinions within 30 days from receipt of the request for consultation, and if no opinion is submitted within such period, it shall be deemed that the consultation has been completed. |
| (5) | When consulting with the relevant administrative agency pursuant to paragraph (4), the Minister of Environment may consult at once about matters related to permission, designation, authorization, approval, recognition, determination, license, report, public notification, etc. under Article 16, in order to facilitate a project for installing the public waste resources management facility. |
| (6) | Where consultation about the installation plan has been completed under paragraphs (3) through (5), the Minister of Environment shall publicly announce the installation plan according to the methods prescribed by Presidential Decree. |
| (7) | Where the installation plan is publicly announced under paragraph (6), the installer/operator shall install the public waste resources management facility according to the plan. |
| (8) | Paragraphs (1) through (6) shall apply mutatis mutandis where an installer/operator modifies any of the important matters prescribed by Presidential Decree in the installation plan publicly announced under paragraph (6). |
| Article 15 (Simultaneous Formulation and Approval of Location Selection and Installation Plan) |
| (1) | In order to facilitate a project for installing a public waste resources management facility, the installer/operator may proceed with the procedure for selecting a location pursuant to Article 9 and the procedure for formulating an installation plan pursuant to Article 14 simultaneously, with regard to a candidate location selected pursuant to Article 7, notwithstanding Articles 10 and 14 (1). |
| (2) | Where the procedure for selecting a location and the procedure for formulating an installation plan under paragraph (1) are proceeded with simultaneously, the Minister of Environment may make the determination and public notification of the location under Article 10 and the approval and public announcement of the installation plan under Article 14 (3) through (6) simultaneously. |
| Article 16 (Legal Fiction as Authorization and Permission under Other Statutes) |
Where an installation plan has been publicly announced pursuant to Article 14 (6), permission, designation, authorization, approval, recognition, determination, license, report or public notification falling under any of the following subparagraphs shall be deemed to have been obtained or made: | 15. | Permission for the reburial of a grave established on another person’s land, etc. under Article 27 of the Act on Funeral Services; |
| Article 17 (Mediation of Disputes on Foreseeable Losses) |
| (1) | Where it is foreseeable that the installation and operation of a public waste resources management facility for which an installation plan is publicly announced under Article 14 (6) will cause losses to residents in the adjacent areas, the installer/operator shall take measures therefor. |
| (2) | Where a dispute arises on losses due to the installation and operation of a public waste resources management facility under paragraph (1), one or both parties concerned may file an application for dispute mediation with the National Environmental Dispute Resolution Commission under the Environmental Dispute Mediation Act. |
| Article 18 (Expropriation or Use of Land) |
| (1) | An installer/operator may expropriate or use the land, etc. of the following subparagraphs necessary for the installation of a public waste resources management facility and the execution of measures for rehabilitation: |
| 1. | Land, buildings and other objects fixed on such land; |
| 2. | Rights other than ownership on land, buildings and objects fixed on such land. |
| (2) | Where a public waste resources management facility location has been determined and publicly notified under Article 10 (1), it shall be deemed that a project has been approved and the project approval has been publicly notified under Articles 20 (1) and 22 of the Act on Acquisition of and Compensation for Land for Public Works Projects, and an application for adjudication shall be made within three years from the date when the public waste resources management facility location has been publicly notified, notwithstanding Articles 23 (1) and 28 (1) of that Act. |
| (3) | The Act on Acquisition of and Compensation for Land for Public Works Projects shall apply to the expropriation or use under paragraph (1). |
| Article 19 (Access to Land Owned by Others) |
| (1) | When necessary to conduct an investigation for selecting a candidate location for a public waste resources management facility under Article 7, to formulate an installation plan under Article 14 or 15, or to conduct an investigation for the expropriation or use of land, etc. under Article 18, the Minister of Environment, or an installer/operator other than the Minister of Environment, may allow a public official or employee under his or her control or a person working for a specialized research institute to access land owned by another person or to inspect relevant materials. |
| (2) | A person who intends to access land owned by another person under paragraph (1) shall give notice of the date and place to the owner or possessor of such land no later than five days prior to the date of his or her access. |
| (3) | Before sunrise or after sunset, no access to a dwelling house or land owned by another person which is surrounded by fences, walls, etc. shall be allowed without approval from the owner or possessor of relevant land. |
| (4) | A person who intends to access land owned by another person under paragraph (1) shall carry a certificate indicating his or her authority and show it to related persons. |
| (5) | Neither the owner nor the possessor of land shall refuse or interfere with the access and inspection by the public official or employee or the person working for the specialized research institute under paragraph (1), without good cause. |
| Article 20 (Charges for Waste Treatment in Public Waste Resources Management Facilities) |
| (1) | An installer/operator may impose a charge on a person who entrusts the treatment of wastes subject to public treatment (hereinafter referred to as “waste treatment charge”), and collect it from such person, to cover the expenses incurred by himself or herself in operating the public waste resources management facility. |
| (2) | In order to ensure the smooth operation of public waste resources management facilities, an installer/operator may grant a reduction of or exemption from a waste treatment charge for the bringing-in of wastes subject to public treatment from the Special Self-Governing City, the Special Self-Governing Province or a Si/Gun/Gu where public waste resources management facilities are installed. |
| (3) | The amount and the timing and procedures for payment of waste treatment charges under paragraphs (1) and (2), and other necessary matters, shall be prescribed by Presidential Decree. |
The State or a local government may grant a reduction of or exemption from gift tax, income tax, corporate tax, acquisition tax, property tax, registration license tax, etc., as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, and other relevant statutes, in order to support the installation and operation of public waste resources management facilities.
CHAPTER III SPECIAL CASES FOR SHORTENING INSTALLATION PERIOD OF PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
| Article 22 (Special Cases for Application of National Land Planning and Utilization Act) |
| Article 23 (Special Cases for Application of Framework Act on Resources Circulation) |
| Article 24 (Special Cases for Application of the Water Supply and Waterworks Installation Act) |
| Article 25 (Special Cases for Application of the Sewerage Act) |
| Article 26 (Special Cases for Application of the Landscape Act) |
CHAPTER IV SHARING PROFITS FROM OPERATION OF PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
| Article 27 (Determination and Public Notification of Affected Adjacent Areas, and Measures for Rehabilitation) |
| (1) | An installer/operator shall determine and publicly notify adjacent areas where the environment and daily life are affected by the installation and operation of a public waste resources management facility (hereinafter referred to as “affected adjacent areas”) within the period prescribed by Presidential Decree from the date when an installation plan has been publicly announced pursuant to Article 14 (6). |
| (2) | Where an installer/operator intends to determine and publicly notify the affected adjacent areas pursuant to paragraph (1), he or she shall have a research institute selected by the resident consultation body organized pursuant to Article 28 investigate impacts on the environment and daily life, and collect the results of such investigation: Provided, That when the resident consultation body deems it unnecessary to investigate impacts on the environment and daily life in the adjacent areas, such investigation may be omitted. |
| (3) | The affected adjacent areas under paragraph (1) shall be classified as follows: |
| 1. | Area subject to relocation: An area where the relocation of residents is deemed necessary because it is anticipated that activities of humans and animals, agricultural products, stock farming products, forest products, fishery products, property rights, etc. may be directly affected as a result of investigation under paragraph (2); |
| 2. | Area benefiting from the fund: An area, other than the area subject to relocation, where it is anticipated that the environment and daily life may be affected as a result of investigation under paragraph (2). |
| (4) | An installer/operator may establish and implement rehabilitation measures for residents in a public waste resources management facility location and an area subject to relocation under paragraph (3) 1. |
| (5) | Where rehabilitation measures are established under paragraph (4), a person who owns land, a building, etc. may request the installer/operator to purchase the land, building, etc. In such cases, the Act on Acquisition of and Compensation for Land for Public Works Projects shall apply to such purchase. |
| (6) | Matters necessary for the methods and procedures for determining and publicly notifying the affected adjacent areas under paragraph (1), the scope of the areas benefiting from the fund under paragraph (3), and the request for purchase and the use of purchased land under paragraph (5) shall be prescribed by Presidential Decree. |
| Article 28 (Criteria for Organization, and Functions, of Resident Consultation Bodies) |
| (1) | An installer/operator may organize a resident consultation body that consists of the representative of residents and the experts recommended by the representative of residents and the head of the local government having jurisdiction over the public waste resources management facility (hereinafter referred to as “resident consultation body”): Provided, That no person falling under any of the following subparagraphs shall be a constituent of the resident consultation body: |
| 1. | An adult ward or a person who was declared bankrupt and has not been reinstated; |
| 2. | A person in whose case two years have not passed since his or her imprisonment without labor or greater punishment, as declared by a court, was completely executed (including cases where it is deemed that such execution has been completed) or exempted; |
| 3. | A person who is under the suspension of the execution of imprisonment without labor or greater punishment as declared by a court; |
| 4. | A person whose qualification has been suspended or lost by statute or decision of the court; |
| 5. | A person in whose case two years have not passed since the punishment of a fine of not less than one million won, as declared by a court, by reason of violating any of Articles 355 through 357 of the Criminal Act in connection with his or her duty during the period of service as a constituent of the resident consultation body became final and conclusive. |
| (2) | The functions of the resident consultation body are as follows: |
| 1. | Selection of a research institute for investigations into impacts on the environment and daily life under Article 27 (2); |
| 2. | Consultation on the use of subsidies provided for the local government under Article 31 (1) 4; |
| 3. | Recommendation of resident monitors under Article 34; |
| 4. | Other matters prescribed by Presidential Decree to efficiently execute the functions of the resident consultation body. |
| (3) | Matters necessary for the organization and operation of the resident consultation bodies shall be prescribed by Presidential Decree. |
| Article 29 (Creation of Special Fund for Residents, and Sharing of Profits) |
| (1) | An installer/operator shall create a special fund for residents (hereinafter referred to as “special fund for residents”) with an amount equivalent to 10/100 of the installation cost (referring to the facility construction cost excluding the land cost and the compensation cost) of a public waste resources management facility, separately from the installation cost, to share the profits from the operation of the public waste resources management facility with residents residing in the areas benefiting from the fund under Article 27 (3) 2 and to realize the residents’ welfare. |
| (2) | The special fund for residents shall be raised from the following financial resources: |
| 1. | The State’s contributions or subsidies; |
| 2. | The installer/operator’s contributions. |
| (3) | The special fund for residents shall be used only for the installation of a public waste resources management facility in the jurisdictional area. |
| (4) | Where the special fund for residents is used pursuant to paragraph (3), the installer/operator may pay the operating profit under Article 31 (1) 1 in kind or in cash to households residing in the areas benefiting from the fund. |
| (5) | Where a resident in an area benefiting from the fund loses the status of a resident in such area due to a move-in report, emigration, or other reasons pursuant to Article 16, 19 or 23 of the Resident Registration Act, he or she is not entitled to receive the operating profit under paragraph (4). |
| (6) | An installer/operator may request the head of the competent local government to provide materials showing the acquisition or loss of status as a resident, such as moving-out or moving-in, in order to make a payment in kind or in cash to households residing in an area benefiting from the fund under paragraph (4). In such cases, the head of the competent local government shall comply with such request, unless there is a compelling reason not to do so. |
| (7) | Matters necessary for those entitled to receive the operating profits under paragraph (4) and the standards and methods for payment thereof shall be prescribed by Presidential Decree. |
| Article 30 (Resident Investment and Profit Sharing) |
| (1) | A resident residing in the Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu or a neighboring Special Self-Governing City or Eup/Myeon/Dong of Si/Gun/Gu prescribed by Presidential Decree that has jurisdiction over a public waste resources management facility location (hereinafter referred to as “investment participation area”) may invest in the project for installation of the public waste resources management facility. |
| (2) | A resident who has invested pursuant to paragraph (1) is entitled to receive the operating profit pursuant to Article 31 (1) 2 from the installer/operator. |
| (3) | Where a resident who has invested pursuant to paragraph (2) loses the status of a resident in the investment participation area due to a move-in report, emigration, or other reasons pursuant to Article 16, 19 or 23 of the Resident Registration Act, he or she is not entitled to receive the operating profit under paragraph (2). |
| (4) | Matters necessary for the methods of resident investment, the investment limits, the status of investors, and the methods of returning investment funds under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 31 (Distribution of Operating Profits) |
| (1) | An installer/operator shall distribute or accumulate profits generated in the process of performing a project for installing and operating a public waste resources management facility (hereinafter referred to as “operating profits”), such as waste treatment charges, less labor costs, maintenance/management expenses, and taxes and public charges, according to the following: |
| 1. | An amount to be distributed to households residing in the area benefiting from the fund under Article 29 (4); |
| 2. | An amount to be distributed to resident investors in the investment participation area under Article 30 (2); |
| 3. | Subsidies withdrawn by the National Treasury; |
| 4. | Subsidies for the head of the competent local government under Article 32 (1); |
| 5. | The return of investment funds under Article 30 (4), and other reserves accumulated for the purpose of operating the public waste resources management facility; |
| 6. | Subsidies for implementing resident support measures under Article 36 (1). |
| (2) | Matters necessary for the methods of calculating and distributing operating profits under paragraph (1), distribution limits, and the accumulation, management and use of reserves shall be prescribed by Presidential Decree. |
| Article 32 (Support for Residents in Areas where Public Waste Resources Management Facilities are Installed) |
| (1) | Where the head of the competent local government receives subsidies pursuant to Article 31 (1) 4, he or she shall use them for resident welfare activities, such as installation of convenience facilities and income improvement, for residents in the relevant area where the public waste resources management facility is installed. |
| (2) | Matters necessary for the use and management of subsidies under paragraph (1) shall be prescribed by Presidential Decree. |
CHAPTER V OPERATION AND MANAGEMENT OF ECO-FRIENDLY PUBLIC WASTE RESOURCES MANAGEMENT FACILITIES
| Article 33 (Standards for Installation of Public Waste Resources Management Facilities) |
When installing a public waste resources management facility, the installer/operator shall design and install the facility in an eco-friendly and outstanding aesthetic way, in accordance with the standards and methods determined and publicly notified by the Minister of Environment.
| Article 34 (Surveillance by Local Residents) |
| (1) | An installer/operator may, upon request by the resident consultation body, have local residents recommended by the resident consultation body (hereinafter referred to as “resident monitors”) monitor the process, etc. of bringing-in and treatment of wastes subject to public treatment. |
| (2) | An installer/operator shall supervise the activities of resident monitors and remunerate them according to the standards determined and publicly notified by the installer/operator. |
| (3) | Qualification requirements for, and the number and the scope of activities of, resident monitors shall be prescribed by Presidential Decree. |
| Article 35 (Improving Environmental Management and Securing Transparency in Operations) |
| (1) | Where necessary to preserve and manage the environment of an area where a public waste resources management facility is installed, the Minister of Environment may determine and publicly notify environmental standards for the public waste resources management facility that are more strengthened than those provided in the Clean Air Conservation Act and the Wastes Control Act. |
| (2) | In order to properly operate a public waste resources management facility, the installer/operator shall measure pollutants personally or through entrustment to a measuring agent pursuant to Article 16 of the Environmental Testing and Inspection Act, and record, preserve, and make public the results. |
| (3) | An installer/operator shall provide the resident consultation body with the current status of operating a public waste resources management facility, on a quarterly basis, including the following: |
| 1. | The current status of wastes subject to public treatment brought in and treated by the public waste resources management facility; |
| 2. | The status of managing air pollutants discharged from the public waste resources management facility; |
| 3. | The details of use of the operating profits. |
| (4) | An installer/operator shall periodically investigate environmental impacts on affected adjacent areas and disclose the results to residents in the areas benefiting from the fund. In such cases, the installer/operator shall ensure that the residents can easily understand and verify the results. |
| (5) | An installer/operator, other than the Minister of Environment, shall report the current status of operations under paragraph (3) and the results of investigation under paragraph (4) to the Minister of Environment every quarter. |
| (6) | Matters necessary for the pollutants to be measured, the items and methods of measurement, and the recording, preservation and disclosure of measurement results under paragraph (2), and for the period and methods of investigation into environmental impacts and the disclosure of investigation results under paragraph (4), shall be prescribed by Presidential Decree. |
| Article 36 (Resident Welfare Support) |
| (1) | When operating a public waste resources management facility, the installer/operator may implement the following resident support measures: |
| 1. | Medical checkup support for residents residing in areas benefiting from the fund: Provided, That this shall be limited to applicants; |
| 2. | Support for preferential access to and use of such spaces as parks and sports facilities installed in the public waste resources management facility location; |
| 3. | Supply of surplus energy, such as hot water, generated during waste treatment. |
| (2) | An installer/operator may use subsidies pursuant to Article 31 (1) 6 in order to implement resident support measures under paragraph (1). |
| (3) | Matters necessary for the implementation of resident support measures under paragraph (1) and the use of financial resources under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 37 (Giving Employment Priority to Local Residents) |
In order to improve the quality of life of the residents in the area where a public waste resources management facility is installed, the installer/operator may give priority to residents in the affected adjacent areas in employing workers of the public waste resources management facility.
| Article 38 (Purchase of Waste Treatment Facilities) |
| (1) | In order to secure public waste resources management facilities, the Minister of Environment may purchase waste treatment facilities and the installations and land attached thereto according to the procedures and methods prescribed by Presidential Decree if a person who has obtained permission for waste treatment business under Article 25 (3) of the Wastes Control Act requests the purchase thereof for reasons prescribed by Presidential Decree, such as the suspension or closure of his or her business. |
| (2) | The Minister of Environment shall use the waste treatment facilities and the installations and land attached thereto purchased pursuant to paragraph (1) for the purpose of installing or operating public waste resources management facilities or for other purposes of use prescribed by Presidential Decree. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 39 (Entrustment of Affairs) |
The Minister of Environment may entrust part of his or her affairs concerning the management and operation of a public waste resources management facility established pursuant to this Act to a person prescribed by Presidential Decree who is capable of managing and operating such public waste resources management facility, as prescribed by Presidential Decree.
| Article 40 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | An executive officer or employee of the entity that installs and operates a public waste resources management facility designated pursuant to the proviso of Article 6 (1); |
| 2. | An executive officer or employee of the institution or organization engaged in the affairs entrusted pursuant to Article 39. |
CHAPTER VII PENALTY PROVISIONS
| Article 41 (Penalty Provisions) |
A person who commits an act falling under any of the subparagraphs of Article 13 (1) without obtaining permission under that paragraph, or a person who violates an order for restoration under Article 13 (3), shall be punished by a fine not exceeding three million won.
| Article 42 (Joint Penalty Provisions) |
If the representative of a legal entity or an agent, servant or other employee of a legal entity or individual commits an offense provided in Article 41 in the course of performing the duties of the legal entity or individual, not only shall the offender be punished accordingly, but the legal entity or individual shall be punished by a fine pursuant to the said Article: Provided, That this shall not apply where the legal entity or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
| Article 43 (Administrative Fines) |
A person who interferes with or refuses access or an inspection in violation of Article 19 (5) shall be subject to an administrative fine not exceeding one million won.
ADDENDUM <Act No. 17423, Jun. 9, 2020>
This Act shall enter into force one year after the date of its promulgation.