(1) Reasons for Proposal
Due to the revision in the “Water Environment Conservation Act” (Act No. 16605, promulgated November 26, 2019, to be enforced November 27, 2020) made to convert the wastewater treatment business registration system into a permission system so as to enhance control over wastewater treatment businesses and to introduce a periodic inspection system for wastewater treatment facilities of wastewater treatment business operators, the Amendment aims to set forth matters delegated under the law and matters necessary to enforce thereof, such as the formulation of permission standards for wastewater treatment businesses and the prescription of the periodic facility inspection cycle and inspection standards, and to prepare grounds for city officials responsible for licensing wastewater treatment facilities to verify documents through the joint use of administrative information, thereby improving and supplementing some shortcomings found in the operation of the current system.
(2) Major Provisions
A. Maintenance of duties by pollutant investigating subject, data submission timing, etc. (Article 32) Mayor/Do Governor shall investigate the source and generated quantity of water pollutants within his/her jurisdiction each year and submit the results thereof to the Minister of Environment by March 31st of the following year, while the Minister of Environment shall, each year, verify and disclose the investigation data of the previous year.
B. Preparation of grounds for joint use of administrative information (Articles 36 and 37 and attached Forms 112 and 13)
Prepare applicable provisions to ensure that any public official in charge who has been served with an establishment (modification) approval (declaration) application for wastewater discharge facilities or wastewater non-discharge facilities verifies the corporate registration certificate and business registration certificate via the joint use of administrative information under Article 36 (1) of the “Electronic Government Act.”
C. Addition of the case in which new pollutants are discharged to the cases subject to ex post modified declaration (Article 38)
Where the used raw materials or additives are not altered at the discharging facilities and no new substance is found to be discharged during the survey on the discharged quantity of specific substances harmful to water quality (Article 46-2), but the discharge of the said substance is verified as a result of the guided inspection of the relevant public official, require that a modified declaration be filed within 30 days.
D. Modifications, such as the submission deadline for the result of the survey on the discharged quantity of specific substances harmful to water quality (Article 63 and attached Table 14-4 newly inserted)
Newly prescribe that the Minister of Environment shall formulate a plan for a survey on the discharge quantity of specific substances harmful to water quality by December 31st each year, that the business operator who is required to conduct the survey on the discharge quantity of specific substances harmful to water quality shall submit the survey results by March 31st each year, and the method of the survey on the discharge quantity of specific substances harmful to water quality (surveyed fields, survey method, number of surveys, and measured points).
E. Matters to review prior to the approval of a wastewater treatment business, procedures, etc. (Article 90 and attached Table 20)
1) Require the Mayor/Do Governor to decide whether to approve after reviewing the type, treatment method, and treatment efficiency of wastewater subject to treatment, and allow the Mayor/Do Governor to request the Korea Environment Corporation to review technical matters and obtain opinions.
2) Among the matters approved for wastewater treatment business, where a business operator intends to alter the wastewater treatment capacity, method, facilities, and equipment, require the operator to obtain permission for modification before the said modification, and where he/she intends to alter the location, representative, or name of the place of business, require the operator to file a modified declaration within 15 days.
F. Matters to be observed by wastewater treatment business operators (Article 91(2) and attached Table 20-2 newly inserted)
Require the verification of the reaction between wastewater when the consigned wastewater is mixed for storage and treatment, and set the inspection items (concentrations such as pH, methane, hydrogen sulfide, carbon dioxide) to verify the corrosiveness, explosiveness, pyrophoricity, and harmfulness, and the inspection method for each item.
G. Standards for facility inspection, etc., of wastewater treatment business (Article 91-2, attached Table 20-3 and attached Forms 46 and 47 newly inserted)
Set out the inspection standards, inspection agencies, and inspection procedures (issue inspection application and required documents, and inspection results) for periodic inspection of wastewater treatment facilities of wastewater treatment business operators, and publicly announce other necessary matters such as the management standards for inspection agencies.
H. Period for improvement of wastewater treatment facilities in the wastewater treatment business (Article 91-3 newly established)
1) Require the Mayor/Do Governor to issue an improvement order (within one year) and a suspension order (within six months) for non-conforming facilities as a result of inspections of wastewater treatment facilities in the wastewater treatment business, taking into account the details of measures necessary for improvement, types of facilities, etc.
2) Allow the Mayor/Do Governor to extend the period by up to six months where he/she receives an application from a person who fails to complete the enforcement of measures within the improvement period due to a natural disaster or other unavoidable grounds, require the wastewater treatment business to report to the Mayor/Do Governor when the cause of the order becomes removed during the period of suspension.
I. Addition of an educational institution for technical personnel in the measuring instrument management agency business (Article 93 (2))
Added the Korea Water & Wastewater Works Association as an educational institution for technical personnel in the measuring instrument management agency business under Article 56 (1) of the “Water Supply and Waterworks Installation Act.”
J. Fees for periodic facility inspections for the wastewater treatment business (Article 106 (1) 6 newly inserted)
Require the Minister of Environment to publicly announce the fees for periodic inspections in consideration of labor costs, expenses, royalties, and travel expenses by type and scale of wastewater treatment facilities.