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Government Legislation

  • Partial Amendment to the Enforcement Rule of the Wastes Control Act
    • Competent Ministry : Ministry of Environmnet
    • Advance Publication of Legislation : 2023-08-04
    • Opinion Submission Deadline : 2023-09-15

1. Reasons for Amendment

The Amendment streamlines regulations by making the collection, transportation, and disposal procedures for wastes containing hazardous chemical substances subject to the Wastes Control Act while preventing gaps in safety management by modifying the relevant requirements. It promotes the recycling of waste resources and expands new technology applications by improving regulations concerning waste EV batteries and captured carbon dioxide, and otherwise addresses and improves upon issues that have emerged from system operations.


2. Major Provisions

A. Add provisions concerning the installation of temporary storage facilities for collectors and transporters of plastic waste from fisheries and aquaculture (Article 9, Article 15-2, Article 66)

- Add to the scope the allowance of plastic waste from fisheries and aquaculture to be transported to a temporary storage venue by registered collectors and transporters.

- Designate plastic waste from fisheries and aquaculture as waste that can be collected and transported without a service contract with a local government.

- Add aquaculture buoys, laver drying racks, fishing nets, and ropes that produce items for fisheries and aquaculture as items subject to reporting on waste treatment.

B. Exempt those who recycle waste EV batteries as reused products from compulsory installation of waste recycling facilities (Article 10)

- Exempt those who recycle waste EV batteries as reused products from compulsory installation of waste recycling facilities.

C. Prescribe details on publicly accountable waste collection service contracts (Article 15-4, Article 15-5, Article 15-6, Article 15-7, Article 15-8, [Form 4-14])

- Cost calculation standards for service contracts for specified items.

- Grounds to terminate a service contract for specified items.

- How to adjust the contract price of a service contract for specified items.

- How to use proceeds earned from a service contract for specified items to fund a discharger of specified items.

- How to disclose information when a service contract has been entered into or modified, or when the contract price has been adjusted.

- Newly insert a contract price adjustment application form.

D. Prescribe compulsory installation of vertical exhaust pipes on vehicles that collect and transport household wastes (Article 16-3)

- Newly insert regulations prescribing the vertical installation of exhaust pipes as a safety obligation in relation to the collection and transportation of household wastes.

E. Clarify the period for calculating increases in waste volume used as a criterion to determine whether an industrial waste discharger is required to file a report on modification (Article 18)

- Clarify the period for calculating increases in average monthly waste volume, which is used as a criterion to determine whether an industrial waste discharger is required to file a report on modification, by changing the wording from “the previous one year period” to “the one year period following the report or report on modification.”

F. Clarify the scope of persons required to submit a designated waste treatment plan (Article 18-2)

- Change “business entities that discharge waste toxic substances” to “business entities that discharge hazardous chemical wastes” in the scope of persons required to submit a designated waste treatment plan.

G. Specify provisions concerning the delegation of matters on the handover of medical wastes (Article 20)

- Specify in detail matters concerning the handover of medical wastes as delegated by the Act. 

H. Amend the storage volume and storage period of waste EV batteries and waste that is recycled as rechargeable lithium battery components (Article 31, Table 7])

- Increase the storage volume (from 30 to 180 days) and treatment deadline (from 30 to 180 days) for business entities that recycle waste EV batteries and rechargeable lithium battery wastes.

I. Restrict the installation of small incineration facilities (Article 36, [Table 5], [Table 9], [Table 11])

- Address ongoing concerns over excessive emissions of pollutants from small incineration facilities by strengthening the minimum installation requirement from 25 kg/hr to 200 kg/hr and reducing the categories of installation requirements for incineration facilities of different treatment capacities.*

* (3 categories) Small (less than 200 kg/hr), medium (200 kg/h to less than 2 tons/hr), large (2 tons/hr or more)

→ (2 categories) Medium (200 kg/h to less than 2 tons/hr), large (2 tons/hr or more)

※ Apply a requirement of 50 kg/hr to household waste treatment facilities in island areas to account for local circumstances.

J. Clarify the statutory training interval for designated waste dischargers (Article 50)

- Clarify the training interval so that designated waste dischargers are re-trained every three years after the initial training.

K. Add wastes subject to reporting on waste treatment (Article 66 (3))

- Include disposable cups as well as waste paper and scrap metal in the scope of items subject to reporting on waste treatment.

L. Clarify the subcategories of designated wastes ([Table 4])

- Change “waste toxic substances” to “hazardous chemical waste” in the subcategories of waste, and add substances subject to permission, restricted substances, substances requiring preparation for accidents, and other detailed items.

M. Newly insert a waste classification code for disposable diapers from medical institutions ([Table 4])

- Newly insert a classification code for disposable diapers from medical institutions under the subcategories for different types of waste.

N. Add recycling types for coffee grounds, captured carbon dioxide, etc. ([Table 4-3])

- Add R-4-4 and R-4-7 to the recycling types for coffee grounds.

- Add R-4-2, R-4-3, and R-4-4 to the recycling types for captured carbon dioxide.

- Add R-1 and R-2 to the recycling types for waste bricks, waste blocks, and waste roof tiles.

O. Allow collectors and transporters of industrial wastes from non-discharge facilities to collect and transport food wastes from large-volume dischargers (household waste dischargers) ([Tables 5 and 7])

- Allow collectors and transporters of industrial wastes from non-discharge facilities to collect and transport food wastes from large-volume discharges in accordance with local government ordinances.

- Treat collectors and transporters of industrial wastes from non-discharge facilities as having equipment, offices, etc. for collecting and transporting food wastes.

P. Supplement requirements concerning the collection, transportation, storage, and processing of wastes containing hazardous chemical substances ([Table 5])

- (Collection and transportation) Install emergency shutoff valves on transportation vehicles, provide pest control products/equipment/personal protective equipment, prohibit mixed transportation of interacting substances, etc.

- (Storage) Use partitions/borders to store wastes separately to prevent reactivity between substances, check substances for risks prior to mixing in storage tanks, install ventilation and lighting equipment in storage facilities.

- (Treatment) Conditions for handling flammable substances, treatment standards for vapor, etc.

Q. Add standards for recycling used cooking oil into bio heavy oil ([Table 5-3])

- Add recycling standards to allow waste cooking oil to be recycled into bio heavy oil, an alternative fuel under the Petroleum and Alternative Fuel Business Act.

R. Supplement requirements for facilities that treat wastes containing hazardous chemical substances ([Table 9])

- Pipe materials, pipe painting, leakage protection, finishing treatment, reflux prevention, meter installation, etc. in facilities that treat wastes containing hazardous chemical substances.

S. Supplement routine inspection items for facilities that treat wastes containing hazardous chemical substances ([Table 10])

- Pipe material/strength/thickness, finishing treatment, reflux prevention facilities, etc. under routine inspection (high-temperature incineration facility) items.

T. Add pyrolysis facilities to the requirements for inspection agencies for waste treatment facilities ([Table 10-2])

- Prescribe facilities, equipment, and other requirements to be met by pyrolysis facility inspection agencies.

U. Supplement and ease administrative disposition standards ([Table 21])

- Clarify standards by stating that “where a disposition is aggravated, the degree of aggravation shall be that following the degree to which the disposition prior to the current violation was aggravated.”

- Newly insert a general requirement for administrative dispositions stating that for a mixed treatment facility, administrative dispositions against the same violation may only be issued by either the environmental office or the local government.

- Clarify standards on violations of storage requirements by waste treatment business entities.

- Ease regulations to prescribe that where an entity has filed a report on waste treatment that exceeded emission limit values for air pollutants, noise/vibration, water pollutants, or malodor, such entity shall be issued a warning as the initial penalty instead of being prohibited from treating wastes.

V. Newly insert a preliminary checklist form for applications for environmental assessments of recycling ([Form 4-2])

- Provide applicants with a checklist of matters to be examined and the required documents by adding a preliminary checklist form to the application form for environmental assessments of recycling.

W. Supplement the hazards information data form ([Form 14-4])

X. Improve the deadline for completing the industrial wastes register ([Forms 36 and 37])

- Specify that the deadline for recording information on waste generation, in-house or outsourced treatment, and the stored amount shall be the last day of each month.

Y. Add fields for specifying the mixing ratio and the final landfill site when waste is recycled for filling or covering ([Form 45])

- Add fields for specifying the mixing ratio of waste and standard soil and the final landfill site when waste is recycled for filling or covering.

Regulatory effect assessment
  • 폐기물관리법 시행규칙(규제영향분석서)_20230731.hwp [download]
Legislative proposal (draft)
  • (붙임 1-2) (입법예고 공고문) 폐기물관리법 시행규칙.pdf [download]