(1) Reasons for Proposal

The Amendment strengthens the basin management system following the centralization of water management by improving a list of items for review when formulating a basin sewerage maintenance plan. To address the increased need for stronger sewage management in the event of precipitation such as increased localized rainfall caused by climate change, the Amendment prescribes that a framework sewerage maintenance plan shall include sewage control measures in the event of rainfall and newly inserts an obligation to monitor untreated sewage resulting from precipitation. It transfers to the Act procedures, methods, etc., for the conclusion of contracts on vicarious management of public sewerage systems, including the termination of contracts on vicarious execution, which are currently operated in accordance with Presidential Decree without any specific grounds for delegation set forth in the Act. The Amendment also prescribes provisions concerning succession to the status of a vicarious execution business for public sewerage management or institution specialized in technical checkup to resolve corporate difficulties, such as non-recognition of the business performance of the former business entity following a succession or merger, etc., and otherwise addresses and improves upon a number of weaknesses that have emerged from the operation of the current system.

(2) Major Provisions
A. Amend the purpose to comprehensively reflect the functions of sewerage systems (Article 1 amended)

Incorporate the terms “sustainable development” and “water environment of public waters” into the purpose of the Act to reflect changes in circumstances such as climate change adaptation (urban flooding, drought) and integrated water management (quality and quantity of water)

B. Improve matters to be included in basin sewerage maintenance plans (Article 4-2 amended)

Improve matters that are included/reviewed in basin sewerage maintenance plans, which are currently operated with a focus on an integrated operation plan for sewerage facilities, to enable a comprehensive review of water circulation in keeping with the strengthening of the basin sewerage management system in accordance with the centralization of water management

C. Strengthen the sewage management responsibilities of public sewerage maintenance authorities in the event of precipitation (Article 5, paragraph 3, subparagraph 5-3 amended)

Although a sewerage system is required to efficiently manage both wastewater and precipitation flowing into the system, sewage control measures for precipitation are omitted from the matters to be reviewed when a local government formulates a framework plan for sewerage maintenance in accordance with the Act. Accordingly, encourage proper management of precipitation flowing into sewerage systems in the event of precipitation by requiring sewage control measures for precipitation to be included in framework plans for sewerage maintenance

D. Prescribe grounds to establish divided superficies following the installation of sewerage facilities (Article 10-2 newly inserted) - Allow a person who intends to install a public sewerage system to apply for the establishment or transfer of divided superficies where an agreement on the use of aboveground or underground spaces has been reached, or where there has been an adjudication on expropriation or use concerning the establishment or transfer of divided superficies

E. Prescribe grounds to conclude or terminate a contract on vicarious management of a public sewerage system, and prescribe provisions on succession to a vicarious management business or institution specialized in technical checkup (Article 19-5 amended; Article 19-6 newly inserted; Article 20-2, paragraph 6 newly inserted)

1) Provide a more specific description in the Act of the procedures, methods, renewal period, etc. relevant to the conclusion of contracts on vicarious management of public sewerage systems, and delegate the matters to the Presidential Decree. Prescribe grounds to terminate contracts on vicarious management, and otherwise strengthen the delegation system for contracts on vicarious execution through the Act

2) Newly insert provisions on succession to the rights and responsibilities of a vicarious management business/institution specialized in technical checkup to ensure the systematic management of vicarious management businesses, such as recognition of service performance, when they are transferred by succession or merger, etc.

F. Relax the scope of change reports on service commencement of drainage systems (Article 27, paragraph 4)

Limit the scope of change reports to cases where the quality or quantity of sewage changes by a certain amount or more, to reduce the burden on the public and improve the work efficiency of local governments

G. Improve provisions to allow businesses similar to a business specializing in planning and construction of private sewage treatment facilities to operate without registration (Article 38 and Article 51 amended)

Allow specialized environmental constructors and business entities specializing in planning and construction of livestock waste disposal facilities as well as business entities specializing in planning and construction of private sewage treatment facilities to plan and construct private sewage treatment facilities

H. Increase methods for paying charges on burden-causing entities (Article 61, paragraph 4 newly inserted)

Charge payers are being inconvenienced due to a lack of provisions allowing charges on burden-causing entities to be paid by credit card unlike national taxes. Accordingly, allow a variety of payment methods, including cash and credit card, to increase public convenience

I. Prescribe compulsory hearings for revocations of business registration (Article 72 amended)

Prescribe a compulsory hearing procedure for revocations of vicarious management businesses since there are no such provisions in the current Act

J. Prescribe grounds to impose use fees and other additional charges (Article 73 amended)

To increase the effectiveness of collection of use fees, rents, charges on burden-causing entities, etc., impose additional charges where a person liable to pay has failed to meet the payment deadline, and prescribe that the rates of additional charges shall be in accordance with the Framework Act on Local Taxes

※ In accordance with Article 5-3, paragraph 1 of the Framework Act on the Management of Charges (additional charges may be imposed and collected as prescribed by relevant statutes), additional charges may only be imposed when there are clear grounds in the Act (Ministry of Government Legislation interpretation, April 2013).

K. Improve provisions prescribing double punishment of administrative fines and administrative penalties for the same act (Article 80, paragraph 2)

Improve provisions stating that both administrative fines and penalties may be imposed in the event that standards for effluent quality have been breached due to abnormal operation of private sewage treatment facilities to instead prescribe that penalties may be imposed only when the facilities do not operate normally