<Items subject to New/Stricter Regulations>

A. Establish the soil contamination standards for newly-added soil contaminants and add inspection items (Attached Tables 3, 5, and 7 of the Enforcement Rule)

Establish the standards for worrisome soil contamination and countermeasures against chromium, 1, 2-dichloroethane additionally designated as soil contaminants

Add chromium, 1, 2-dichloroethane additionally designated as soil contaminants to the list of soil contamination inspection items

<Unregulated Items>

A. Provide the grounds on which to make a list of potential soil contaminants and control it to ensure effective designation and control of soil contaminants (Article 1-2, paragraph 2 of the Enforcement Rule)

B. Complement the omission of a special-governing city mayor from the list of local governments (Article 3, etc. of the Enforcement Rule)

C. Invigorate the use of soil environment assessment (Article 7-2 of the Enforcement Rule newly inserted)

Establish the basis for the Korea Environment Corporation to conduct the business of survey, research, education, and publicity relating to the revamping of the system to invigorate soil environment assessment

D. Modify the provisions related to the method of preparing the document for soil takeover and handover, preparation time, and soil handover time (Article 19-2, paragraph 6 of the Enforcement Rule deleted and Attached Table 6-2)

Modify the related provisions since the information about takeover and handover of contaminated soil is integrated into the contaminated soil information system by entering the said information in accordance with an amendment to the Act (promulgated on Feb. 8, 2017; to be enforced on Nov. 29, 2018)

E. Newly establish the procedures for ascertaining a site subject to hazard assessment (from Article 19-3, paragraph 2 to paragraph 4, and Article 19-5, paragraph 1 of the Enforcement Rule)

From among the sites for whose purification the state, local government, or public institution is responsible under the Enforcement Decree, the sites necessary for public interest are added for hazard assessment, and accordingly, prescribe the identification procedure, etc., required therefor

Change the interval of monitoring the site for hazard assessment from every 2 years to every year

F. Add the function of the Hazard Assessment Verification Committee and expand its composition (Article 19-4, paragraph 4 of the Enforcement Rule)

Add the business of identifying whether the site is subject to hazard assessment to the Hazard Assessment Verification Committee in addition to its hazard assessment verification, and establish the basis for soil purification business, soil-related specialized agencies, and even civic groups to be able to participate in the verification committee

G. Additionally designate 3 types of soil contaminants (Attached Table 1 of the Enforcement Rule)

Additionally designate 3 types (chromium, 1, 2-dichloroethane, dioxin) to soil contaminants (currently, 21 types→24 types)

※ There is no separate regulation with the addition of a soil contaminant only.

H. Establish the basis for control of the site whose land category is not registered (Attached Table 3 Remark No. 7 of the Enforcement Rule newly inserted)

Issue an order for detailed soil survey or purification measures for the site whose land category is not registered based on the land category that may be identified through the related documents that permit development acts or authorize implementation plans, etc.

I. Prescribe soil contamination inspection fees for soil contaminants additionally designated (Attached Table 11 of the Enforcement Rule)

J. Modify the regulations related to rationalizing the report system (Exhibit No. 4 and No. 5 forms of the Enforcement Rule)

(1) Reasons for Proposal

As the Enforcement Decree of the Soil Environment Conservation Act was amended (promulgated and enforced in 2018) to expand the scope of hazard assessment with the purpose of strengthening the soil contamination control system taking into account the characteristics of a contaminated site, and based on its hazard level, the proposal aims to establish the procedure for identifying the relevance of hazard assessment and verifying it; to newly designate chromium, 1, 2-dichloroethane and dioxin as soil contaminants to tighten control of soil contamination from soil contaminants with a serious health hazard; and to establish the standards for the worrisome level of soil contamination and for countermeasures with respect to chromium and 1, 2-dichloroethane.

(2) Major Provisions

A. Provide the grounds for survey, research, etc. with respect to soil environment assessment (Article 7-2 newly inserted)

The Minister of Environment encourages the Korea Environment Corporation to conduct a survey, research, education, and publicity relating to the improvements of the system to invigorate soil environment assessment.

B. Enact a superordinate legislation on substances subject to a hazard assessment and establish the procedures for identifying the relevance of hazard assessment and verifying it (From Article 19-3, paragraph 1 to paragraph 3)

1) Enact, in the form of an enforcement rule, a superordinate legislation on total petroleum hydrocarbon and fluorine subject to hazard assessment which are currently prescribed in a public notice to ensure legal stability.

2) As the sites necessary for public interest from among those sites for whose purification the state, local government, or public institution is responsible due to an amendment to the enforcement decree, establish the procedures for identifying the relevance of hazard assessment of the said sites and verifying them.

3) Require a person who intends to have the need for hazard assessment verified to submit an application to the Minister of Environment; and require the Minister who accepted the application to first listen to the competent city mayor, province governor or the head of a Si, Gun, Gu, obtain the advisory opinions of the Hazard Assessment Verification Committee, and decide on whether or not it is subject to hazard assessment within 90 days.

C. Designate an expanded scope of soil contaminants and establish the soil contamination standards (Attached Table 1 No. 22 to No. 24, Attached Tables 3 and 7)

Newly designate the 3 types of chromium, 1, 2-dichloroethane, dioxin, etc. as soil contaminants to tighten control; and to establish the standards for the worrisome level of soil contamination and for countermeasures with respect to chromium and 1, 2-dichloroethane.

D. Establish the basis for control of a site whose land category is not registered (Attached Table 3 Remark No. 7)

1) Currently, soil contamination is judged by applying the standards for the worrisome level of soil contamination with respect to a site whose land category is registered under the Act on the Establishment, Management, etc. of Spatial Data, so it is difficult to control soil contamination in the case of a site whose land category is not registered, such as a site whose public waters are being reclaimed, even when soil contamination occurs in excess of the standards for the worrisome level of soil contamination.

2) Accordingly, with regard to an unregistered site, the Enforcement Rule aims to issue orders for making detailed soil surveys or purifying contaminated soil by applying the standards for the worrisome level of soil contamination based on a land category that coincides with the intended use of the land that may be identified through the documents which permitted development acts or implementation plans under the National Land Planning and Utilization Act, Public Waters Management and Reclamation Act, etc.