도시관리계획(폐기물처리시설)입안제안 거부처분 취소
1. On March 27, 2014, the Defendant rejected the Plaintiff from formulating an urban management plan (waste disposal facilities) against the Plaintiff.
1. Details of the disposition;
A. From around 2004, the Plaintiff’s interim disposal business of medical waste has been operating an interim disposal business of medical waste that collects and incinerates nationwide medical waste with the disposal capacity of 410 km per hour (day treatment capacity of 9.84t) from 113-43, cl. bl. bl. bl. bl. bl. bl. bl. bl. bl. b. b. b. 2004.
B. (1) Around 2013, the Plaintiff intended to replace a medical waste treatment facility deteriorated due to the deterioration of the medical waste treatment facility. Article 25(3) of the Wastes Control Act and the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Environment No. 532, Dec. 31, 2013; hereinafter the same applies).
(2) In accordance with Article 28(6) and attached Table 7, the Plaintiff was equipped with incineration facilities with a disposal capacity of at least 1t per hour. (2) On November 27, 2013, the Plaintiff obtained permission to change the interim waste disposal business by installing incineration facilities with a disposal capacity of at least 1.5t per hour from the basin basin basin basin basin basin basin office to increase the daily disposal capacity of at least 36t. The Plaintiff obtained permission to change the interim waste disposal business with the content of installing facilities for preventing environmental pollution, such as selective promotional recovery facilities, the lower court’s cluster facilities, and the construction of facilities for grix
(C) On December 2, 2013, the permission for the installation of discharge facilities under the Clean Air Conservation Act is deemed to have been obtained from the Chungcheong Do Governor on December 2, 2013, and the report on installation of discharge facilities under the Water Quality and Ecosystem Conservation Act is deemed to have been filed with the Chungcheong Do Governor.
As the Plaintiff’s disposal capacity per day increases from 9.84t to 36t in the Plaintiff’s place of business, waste disposal facilities to be installed by the Plaintiff are the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”).
Article 43(1) of the Act on the Determination, Structure, and Standards for Installation of Urban or Gun Planning Facilities (hereinafter “Rules on Urban Planning Facilities”)
A decision shall be made as an urban planning facility pursuant to Article 156.