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  • [환경] Waste Control Act
    • Competent Ministry : Ministry of Environment
    • Advance Publication of Legislation : 2019-07-25
    • Opinion Submission Deadline : 2019-08-08
Reasons for Proposal

Recently, cases of improper waste treatment occur frequently that are inconsistent with statutes, such as leaving waste without permission after bringing it to recycling business sites and dumping waste on leased land and warehouses and leaving.
In addition, instances continue to occur such as avoiding legal responsibilities by abusing the succession of rights and obligations provided in the current Act including that despite the disposition of business suspension for a waste treatment business entity, improperly treated waste is brought to such waste treatment business operators for the reason of the suspension, etc. If such waste treatment entities or operators do not pay penalty surcharges in lieu of the business suspension, then, there is no proper sanction.
Therefore, the amendment aims to improve the effectiveness of the disposition and prevent the occurrence of improperly treated waste by revising the Act, such as improving the rights and obligations succession system to obtain prior permission when succeeding rights and liabilities for the reason of transfers/take-overs and mergers/spin-offs; establishing an order to stop delivery of waste to such facility; strengthening the level of punishment for illegal activities; allowing the imposition of an original disposition of business suspension if any person does not pay a penalty surcharge in lieu of the business suspension; and imposing a punitive penalty surcharge for instances of improper treatment of waste.
In addition, this amendment aims to minimize environmental pollution and damage to residents' health by expanding the scope of persons responsible for the handling of improperly treated waste and by promptly handling the instances of improperly treated waste that have already occurred by improving the vicarious execution procedures.

 

Details

A. Allow the imposition of an original disposition of business suspension if any person does not pay a penalty surcharge in lieu of the business suspension (Article 14-2, Article 28, and Article 46-2)
B. Strengthen waste control by expanding electronic information processing program input subjects such as on-site information, for example, the measured value of waste, and the ledgers of waste treatment business and recycling business operators (Article 18, Article 36, and Article 45)
C. Require waste treatment business entities to be checked periodically to determine whether their waste treatment businesses meet the conditions for normal operation of a waste treatment business, and strengthen the compliance and disqualification of a waste treatment entity (Article 25, Article 25-3, and Article 26)
D. Improve the rights and obligations succession system by stipulating that any person shall obtain prior permission from the Minister of Environment or Mayor/Do Governor when he/she succeeds rights and liabilities for the reason of transfers/take-overs and mergers/spin-offs (Article 33)
E. Provide institutional grounds for the order to stop the delivery or acceptance of improperly treated waste (Article 47-2)
F. Promptly handle improperly treated waste by expanding the scope of persons responsible for the handling of improperly treated waste, such as a person who generates or entrusts improperly treated waste or a person who succeeds the rights and liabilities of such waste (Article 48)
G. Allow the imposition of  a penalty equal to the sum of more than two times but less than five times the profits earned from improperly treated waste and expenditures for removing the waste and recovering the site’s original conditions (Article 48-5 newly inserted)
H. Establish and operate a Waste Treatment Advisory Committee, which can provide advice on the subjects and scope of disposition orders against improperly treated waste, and provide a basis for specifying the Waste Proper Treatment Promotion Center to support the duties such as collecting and providing information on improperly treated waste (Article 48-3 and Article 48-4 newly inserted)
I. Allow enforcement means (vicarious execution) to proceed immediately without a disposition order to promptly handle instances of improperly treated waste that have already occurred, and improve the vicarious execution procedures by providing a basis for collecting costs from the person responsible for the improperly treated waste (Article 49)
J. Strengthen the level of penalties for illegal activities related to the generation and handling of improperly treated waste (Articles 64 through 66)

Major Provisions


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