PROMOTION OF INSTALLATION OF WASTE DISPOSAL FACILITIES AND ASSISTANCE, ETC. TO ADJACENT AREAS ACT

Act / No. / 4907, / Jan. / 5, / 1995
Amended by Act / No. / 5396, / Aug. / 28, / 1997
Act / No. / 5454, / Dec. / 13, / 1997
Act / No. / 5867, / Feb. / 8, / 1999
Act / No. / 5893, / Feb. / 8, / 1999
Act / No. / 5911, / Feb. / 8, / 1999
Act / No. / 5914, / Feb. / 8, / 1999
Act / No. / 6654, / Feb. / 4, / 2002
Act / No. / 6656, / Feb. / 4, / 2002
Act / No. / 6841, / Dec. / 30, / 2002
Act / No. / 7169, / Feb. / 9, / 2004
Act / No. / 7386, / Jan. / 27, / 2005
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to contribute to the preservation of the environment and the improvement of the nation's living standard by smooth installation of waste disposal facilities and promoting the welfare of residents in the adjacent areas through the promotion of securing sites for waste disposal facilities and through supports for the residents of the adjacent areas.
Article 2 (Definition)
For the purpose of this Act, the term "waste disposal facilities" means the waste disposal facilities as provided in Article 2 of the Wastes Control Act.
Article 3 (Inclusion in Plans for Construction in National Territory)
In case the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do governor or the head of Si/Gun prepares a comprehensive plan for Do or Si/Gun in accordance with the Framework Act on the National Land, plans for the installation of the waste disposal facilities to deal with the wastes produced in Do or Gun concerned shall be included in the comprehensive plans in question, pursuant to the Presidential Decree. <Amended by Act No. 6654, Feb. 4, 2002; Act No. 7169, Feb. 9, 2004
Article 4 (Inclusion in Basic Urban Planning)
In case the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a head of Si/Gun intends to establish basic urban planning under Article 18 of the National Land Planning and Utilization Act, he shall synthesize plans for installation of waste disposal facilities, which are included in the comprehensive plan for Do referred to in Article 3, in the plans for great sphere development as provided in Article 5 of the Balanced Regional Development and Support for Local Small and Medium Enterprises Act, and in the basic plans for waste disposal referred to in Article 8 of the Wastes Control Act, and shall include the synthesized plans in the basic urban planning concerned. <Amended by Act No. 6654, Feb. 4, 2002; Act No. 7169, Feb. 9, 2004
Article 5 (Installation and Operation of Waste Disposal Facilities following Establishment of Industrial Complex, etc.)
(1) Those who intend to develop, install or enlarge the following industrial complex, factory, tourist resort, or sightseeing complex (which means the tourist resort or sightseeing complex as referred to in the Tourism Promotion Act; hereinafter the same shall apply) shall by themselves install and operate or make other people install and operate the waste disposal facilities to deal with the wastes produced in the industrial complex etc. concerned, pursuant to the Presidential Decree: <Amended by Act No. 5396, Aug. 28, 1997>
1. / Industrial complex or factory yielding wastes of such amount as larger than those prescribed by the Presidential Decree;
2. / Industrial complex or factory of such size as larger than that prescribed by the Presidential Decree; and
3. / Tourist resort or sightseeing complex of such size as larger than that prescribed by the Presidential Decree.
(2) In case of paragraph (1), those who, for inevitable reasons, intend to install waste disposal facilities in the places other than the industrial complex, factory, tourist resort, or sightseeing complex in question, shall make plans for the installation of the facilities and obtain the Minister of Environment's approval for the plans, pursuant to the Presidential Decree. The same shall apply in changing the approved matters. <Amended by Act No. 5396, Aug. 28, 1997
Article 6 (Installation, etc of Waste Disposal Facilities following Project for Development of Housing Lots)
(1) Those who intend to develop apartment building sites or housing lots of such size as larger than those prescribed by the Presidential Decree shall either install the waste disposal facilities to treat the wastes produced in the apartment building sites or housing lots in question, or pay the amount of money equivalent to the installation costs to a head of Si/Gun/Gu (which means the head of a Gu which is a local government; hereinafter the same shall apply) who has jurisdiction over the areas concerned.
(2) The head of Si/Gun/Gu shall use the money received under paragraph (1) for the installation of the waste disposal facilities to deal with the wastes produced in the apartment building sites or housing lots concerned.
(3) When the person who is to pay the amount equivalent to the installation costs as referred to in paragraph (1) fails to pay it within the specified time limit, the head of Si/Gun/Gu shall collect it by referring to the practices of dispositions on default of local taxes. <Newly Inserted by Act No. 7169, Feb. 9, 2004
(4) Matters necessary for the standard for installing waste disposal facilities, the method of calculating the amount of money to pay, and the procedure of paying the money, as referred to in paragraph (1), shall be determined by the Presidential Decree.
Article 7 (Securing Sites for Waste Disposal Facilities)
Those who shall install waste disposal facilities under Article 5 or 6 (1) shall take measures, such as including plans to secure sites for the facilities in plans to develop, establish, or enlarge the industrial complex concerned. <Amended by Act No. 5396, Aug. 28, 1997
Article 8 (Different Application of Waste Disposal Fees)
In collecting fees for the wastes treated at the waste disposal facilities in question, apart from regular disposal fees, the head of local government (including associations established under Article 149 of the Local Autonomy Act but excluding Articles 9 (4) and 19 (1); hereinafter the same shall apply) who operates the facilities may levy additional fees for the wastes brought from other areas than the Si/Gun/Gu (which means a Gu which is a local government; hereinafter the same shall apply) which is equipped with the facilities, under the conditions as determined by the Municipal Ordinance (which means articles of association in case of an association established under Article 149 of the Local Autonomy Act; hereinafter the same shall apply) within the scope as determined by the Presidential Decree. <Amended by Act No. 5396, Aug. 28, 1997
CHAPTER II PROMOTION OF BUSINESS OF INSTALLING WASTE DISPOSAL FACILITIES
Article 9 (Selection of Sites for Waste Disposal Facilities)
(1) The Minister of Environment or the head of a local government (hereafter referred to as the "agency in charge of installing waste disposal facilities"), when he intends to install and operate the waste filling-up facilities with a filling-up quantity of 300 tons or more per day, and created size of 150,000 square meters, the waste incinerating facilities with a treatment capacity of 50 tons or more per day, and other waste disposal facilities, the facilities announced publicly by the Minister of Environment (limited to the facilities installed by the said Minister) by taking account of environmental impacts on the surrounding areas, or the facilities as set forth by the Municipal Ordinance of local governments (limited to the facilities installed by the local governments), shall determine a location selection plan and publish thereon: Provided, That the same shall not apply to the case falling under each of the following subparagraphs: <Amended by Act No. 5867, Feb. 8, 1999; Act No. 7169, Feb. 9, 2004>
1. / Where waste disposal facilities are installed pursuant to the provisions of Article 5; and
2. / Where waste disposal facilities are installed pursuant to the provisions of Article 6 (1) and the quantity of waste collected from the collective housing complex concerned and areas other than the housing site with the intent of disposing of them does not exceed 50/100 of the disposal capacity of such facilities.
(2) The location selection plan under the main sentence of paragraph (1) shall include matters falling under each of the following subparagraphs: <Newly Inserted by Act No. 5867, Feb. 8, 1999
1. / The kinds and quantity of waste subject to disposal;
2. / The size of the waste disposal facilities concerned; and
3. / Standards for location selection.
(3) Immediately after the agency in charge of installing waste disposal facilities publicly notifies a location selection plan as provided in paragraph (1), it shall establish the Location Selection Committee attended by the representative of residents under the conditions as determined by the Presidential Decree and choose a location for the waste disposal facilities in question. <Amended by Act No. 5396, Aug. 28, 1997
(4) In case that the Location Selection Committee intends to choose the location under paragraph (3), it shall have a special research institute as prescribed by the Presidential Decree, examine the appropriateness of the proposed location and shall consider the results of the investigation: Provided, That where the Location Selection Committee deems that it is not necessary to examine the appropriateness of the proposed location, it may omit it or substitute a written review opinion by a related expert for it. <Amended by Act No. 5396, Aug. 28, 1997; Act No. 5867, Feb. 8, 1999
(5) The Location Selection Committee may, where a majority of heads of households residing in an area prescribed by the Presidential Decree want waste disposal facilities installed in the area in accordance with the location selection plan under paragraph (1), conduct a feasibility study of the location under paragraph (4) only in such area. <Newly Inserted by Act No. 5867, Feb. 8, 1999
(6) The Location Selection Committee shall publish the results and process of the feasibility study of location conducted under paragraphs (4) and (5) to residents. In this case, the agency in charge of installing waste disposal facilities shall provide support necessary for such publication. <Amended by Act No. 5867, Feb. 8, 1999
(7) In selecting a location under the provisions of paragraph (3), the Location Selection Committee shall, where the distance between the boundary of the location it intends to select and the boundary of another local government is less than 2㎞, ask the agency in charge of installing waste disposal facilities to consult with the head of the said local government, describing the results of a feasibility study and reasons for selecting the location as a site and data thereon. In this case, the agency in charge of installing waste disposal facilities, if it fails to consult with the head of the local government, shall ask the Central Environment Dispute Mediation Committee for mediation under the Environmental Dispute Adjustment Act. <Newly Inserted by Act No. 5396, Aug. 28, 1997; Act No. 5867, Feb. 8, 1999
(8) Matters necessary for the operation of the Location Selection Committee shall be determined by the Presidential Decree. <Amended by Act No. 5396, Aug. 28, 1997
Article 10 (Decision and Publication of Location of Waste Disposal Facilities, etc.)
(1) The agency in charge of installing waste disposal facilities shall, in case that it selects a location for waste disposal facilities under the provisions of Article 9, decide and publish such selection and make its drawings available to the public for not less than one month. The same shall apply to the case where the agency intends to alter published matters. <Amended by Act No. 5396, Aug. 28, 1997; Act No. 5867, Feb. 8, 1999
(2) and (3) Deleted. <by Act No. 5867, Feb. 8, 1999
(4) The agency in charge of installing waste disposal facilities shall, where it intends to decide and publish a location for waste disposal facilities under the provisions of paragraph (1), consult with the head of Si/Gun/Gu having jurisdiction over the site. <Amended by Act No. 5867, Feb. 8, 1999
(5) The contents of publication with respect to the location of waste disposal facilities under paragraph (1) and other necessary matters shall be prescribed by the Presidential Decree. <Amended by Act No. 5867, Feb. 8, 1999
Article 11 (Legal Fiction of Specific-Use Areas with Regard to Location Outside Urban Districts)
In case where the installation area of waste disposal facilities, whose location is publicly announced under Article 10, is located outside the urban areas as referred to in subparagraph 1 of Article 6 the National Land Planning and Utilization Act, the relevant areas shall be deemed to have obtained a designation of planned management area as referred to in Article 36 (1) of the same Act and the relevant facilities shall be deemed to have been decided as the urban planning facilities as referred to in Article 43 (1) of the same Act.
[This Article Wholly Amended by Act No. 7169, Feb. 9, 2004]
Article 11-2 (Restrictions on Acts within Location of Waste Disposal Facilities, etc.)
(1) Any person who intends to perform the act falling under each of the following subparagraphs within the location of waste disposal facilities published under the provisions of Article 10 (1) shall obtain permission from the head of Si/Gun /Gu." The same shall apply to the case where he intends to alter matters prescribed by the Presidential Decree: