beta
(영문) 의정부지방법원 2020.07.16 2019구합14655

폐기물처리사업계획 신청 부적정 통보처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 15, 2019, the Plaintiff submitted to the Defendant a waste treatment business plan (hereinafter “instant business plan”) pursuant to Article 25(1) of the Wastes Control Act and Article 28(1) of the Enforcement Rule of the same Act, with the term “a comprehensive recycling business of wastes, a business subject to business: general wastes from a workplace (51-03-01) (P.P.E., waste synthetic fibres (51-01), waste synthetic fibres (51-27-02): the site where the instant application is filed, B, C, and D (hereinafter “the “instant application”).

B. On March 26, 2019, the Defendant notified the instant business plan that it was inappropriate for the following reasons.

(hereinafter “instant disposition”). In accordance with Article 25(1) of the Wastes Control Act and Article 28 of the Enforcement Rule of the same Act, as a result of reviewing the project plan for the new waste treatment under application at the time of our city pursuant to the provisions of Article 25(1) of the Wastes Control Act and Article 28 of the Enforcement Rule of the same Act, the notification of “influence” to the following reasons (hereinafter “the instant disposition”) shall be given in accordance with the Ordinance on the Management of Macheon-si Wastes (hereinafter “instant Ordinance”).

At present, manufacturing facilities of solid fuels in our city are 12 places, and the number of facilities using solid fuels in Gyeonggi-do is the second place (13 places) among the Sis and Guns of Gyeonggi-do, and the number of facilities using solid fuels is the highest in Gyeonggi-do.

The production quantity of the above 12 solid fuels is determined to be unnecessary to permit the new company in the situation where the quantity of solid fuels consumed exceeds twice the quantity of solid fuels consumed by the company within the jurisdiction of the 743 tons/day, and the quantity of solid fuels consumed exceeds twice the quantity consumed by the company.

In addition, due to the situation in which the residents expressed their strong opposition against the surrounding environmental impacts that may occur when the business is operated, it is not appropriate for the waste disposal business plan that is applied by you to the residents due to the concern of conflicts and opposition of the local residents due to malodor, noise and dust generation when the business is operated.