1. Reasons for Amendment
The Amendment prescribes detailed procedures for industrial complexes and factories that are obligated to install waste disposal facilities to comply with the said obligation.
2. Major Provisions
○ Reasons for which a person with installation obligations may request a parceling out of land from the local government (Article 3-2)
- (1) Where a person who has purchased a new or pre-owned site has terminated the contract, (2) Where a site has failed to be sold after two or more public announcements of sale (after completion only)
○ Newly insert a procedure for issuing corrective orders to persons who have failed to comply with installation obligations (Article 34-2)
- Assign a period of 3 years to corrective orders and give written notification.
- Prescribe that a person who has received a corrective order shall submit a compliance plan within 15 days, and shall submit a compliance report immediately at the end of the compliance period.
○ Prescribe standards for calculating charges for compelling compliance against persons who fail to comply with corrective orders (Article 34-3)
- Establish two sections* based on annual waste production and for cases where construction has commenced, prescribe mitigating provisions based on completion rate (up to 50%).
* Waste disposal facility site not yet secured or annual waste production of 50,000 tons or more: 30 million won, annual waste production less than 50,000 tons: 20 million won.
○ Procedures for imposing and collecting charges for compelling compliance, etc. (Article 34-4)
- Give notification prior to imposition, suspend new imposition and collect previously imposed charges upon completion of compliance, collect charges in arrears in the same manner as delinquent national taxes (Minister of Environment) or in accordance with the Act on the Collection of Local Administrative Penalty Charges (Mayor/Do Governor).
○ Delegate the authority of the Minister of Environment to the heads of river basin (regional) environmental offices (Article 35 (2))
- Issuing corrective orders to persons who have failed to comply with installation obligations, imposing and collecting charges for compelling compliance.
