1. Reasons for Amendment
The Malodor Prevention Act was revised (Act No. 19310, promulgated on March 28, 2023 and to be enforced on September 29, 2023) to strengthen odor management, such as the submission of improvement plans for the implementation of improvement or disposition orders, the notification of improvement plans following the results of the odor technical diagnosis to the Minister of Environment, the expansion of facilities subject to odor technical diagnosis, and the provision of grounds for administrative sanctions if a malodor-inspecting institution does not comply with the obligations. Accordingly, this amendment aims to reorganize sub-statutes as well as improve and supplement the weaknesses of related provisions, such as the clarification of the grounds for collecting odor samples by related public officials.
2. Major Provisions
A. Prescribe the submission form and contents of improvement plans for the implementation of improvement or disposition orders (Article 11-4)
ㅇ For the case where a person who has received an improvement or disposition order intends to submit an improvement plan for the implementation of the order, prescribe the submission format and content (Article 11-4 (1)), and stipulate that the improvement plan shall be submitted within 15 days, but the submission period may be extended when an extension is deemed necessary.
B. Notification of improvement plans according to the results of odor technical diagnosis (Article 13-2 (3) 2)
ㅇ In cases where the head of Si, Gun, or Gu establishes and implements an improvement plan according to the results of odor technical diagnosis, the improvement plan shall be sent to the head of regional environmental offices and Mayor/Provincial Governor, respectively.
C. Include facilities publicly notified by the Minister of Environment in facilities subject to odor technical diagnosis (Attached Table 6)
ㅇ Add facilities publicly notified by the Minister of Environment as requiring technical examinations among the public environmental facilities installed and operated by local governments to subjects for which the heads of local governments shall conduct a technical examination every five years.
D. Clarify grounds for relevant public officials to collect odor samples (Attached Table 8)
ㅇ Stipulate that relevant public officials can directly collect samples and request analysis from malodor-inspecting institutions to check compliance with emission standards.
E. For the case where a malodor-inspecting institution does not comply with the obligations, establish administrative disposition standards (Attached Table 9)
ㅇ Establish administrative disposition standards for the case where a malodor-inspecting institution does not comply with the obligations such as non-fulfillment of quality control.
