Reasons for Proposal
Under the current Waste Control Act, domestic waste is to be collected and treated by the head of a Si, Gun or Gu, but in case recyclable waste discharged from apartment houses is directly entrusted, there is a lack of management by the local government, such that improvement is required. This Act aims to ensure that, even in cases where apartment houses directly entrust private businesses with treatment of recyclable waste, the local government shall manage their performance, and when the Minister of Environment requires a local government to take corrective measures regarding treatment of domestic waste and such measures are not taken, to provide a legal basis for imposing at least the minimum level of sanctions such as suspension or reduction of financial support, etc.
Also, this Act aims to provide a basis for fair competition between domestic waste treatment businesses by amending regulations limiting operation areas, supplement shortcomings in operation of the current system by prescribing penalty provisions in cases where industrial waste treatment businesses treat other wastes such as medical wastes, etc., and ensure administrative transparency and credibility by clearly stating regulations on designation of inspection agencies for waste treatment facilities and on reporting and/or inspection of waste related facilities, etc.
Details
A. Strengthen Management of Domestic Waste by Local Governments (Articles 14 and 15)
1) Under the current Waste Control Act, domestic waste is collected and treated by the head of a Si, Gun or Gu, and in exceptional cases as prescribed by Municipal Ordinance of a head of a Si, Gun or Gu, an owner, occupant or manager of a parcel of land or a building treats such waste directly in a manner to avoid any harm to the conservation of the living environment or reduces the discharged quantity of waste.
2) Recyclable waste discharged from multi-family housing such as apartment houses is directly entrusted, but performance management regarding its exact treated quantity and treatment method, etc., is lacking, such that there is a need to check these issues and include them in statistics.
3) Also, even in cases where the Minister of Environment requires corrective measures to be taken regarding treatment of domestic waste by a Metropolitan City Mayor, Do governor or head of a Si, Gun or Gu, there are no means to force compliance, such that this Act is amended to enable at least minimum sanctions such as suspension or reduction of financial support, etc., to be taken.
4) Also, this Act provides a basis for domestic waste dischargers to install facilities where domestic waste may be stored separately depending on its type, property, and/or condition as prescribed by Municipal Ordinance of the local government.
B. Improve Limitation on Operation Area of Domestic Waste Collection and Transport Businesses (Article 25)
1) Operation areas of domestic waste collection and transport businesses, which previously could not be limited below the level of a Si, Gun or Gu, shall be amended so that operation areas shall be limited in consideration of the quantity of discharged domestic waste, regional spread of domestic waste collection and transport businesses, status of their equipment, difficulty of their collection and transport, etc.
2) Amending existing regulations on limitation which hindered new businesses from entering the market and created regional monopolies for domestic waste collection and transport businesses is expected to promote competition in the domestic waste collection and transport market.
C. Clarify Regulation on Designation and Management of Inspection Agencies for Waste Treatment Facilities (Articles 30, 30-2, 65, and 66)
1) Article 30 of the Waste Control Act and Article 41 (3) of the Enforcement Rule of the same Act designate inspection agencies for inspection work regarding waste treatment facilities.
2) There are no regulations on designation and/or management of aforementioned inspection agencies nor standards on technical personnel, facilities or equipment, etc., and the credibility of inspection agencies have been lowered due to incidents where they issue reports after inspecting unlicensed/unpermitted incineration facilities, etc., such that there is a need to amend relevant regulations.
3) Clearly prescribing standards on technical personnel, facilities and equipment, etc., of waste treatment facility inspection agencies in the Act is expected to ensure transparency and credibility of inspections.
D. Elaborate Regulations on Reporting and Inspection of Waste Related Workplaces in Terms of Their Objectives and Scope in Accordance with the Framework Act on Administrative Investigations (Article 39)
1) Waste related workplaces may make reports and submit materials to the Minister of Environment, etc., in accordance with this Act, and enable relevant public officials to enter workplaces to inspect documents or facilities and equipment, etc., but there is a need to prescribe in detail in the Act the objectives, requirements, etc. of administrative investigation in accordance with the Framework Act on Administrative Investigations.
2) Preventing abuse of investigations by clearly stipulating the objective and subject of administrative investigation is expected to decrease public inconvenience and burden.
