수질초과배출부과금 부과처분 취소
The judgment below
The part against the defendant is reversed, and that part of the case is remanded to Busan High Court.
The grounds of appeal are examined.
1. According to Article 35 of the former Water Quality and Aquatic Ecosystem Conservation Act (amended by Act No. 11979, Jul. 30, 2013; hereinafter “Water Quality and Ecosystem Conservation Act”), a business operator must install water pollution prevention facilities when installing or altering the relevant discharge facilities.
(1) The business operator may install joint prevention facilities to jointly treat the water pollutants discharged from the discharge facilities, and in such cases, each business operator shall be deemed to have installed prevention facilities for the relevant water pollutants in his/her place of business (paragraph (4)), and when the business operator installs and operates joint prevention facilities, he/she shall establish an operating body of the relevant facilities and appoint a representative
(5) In addition, matters necessary for the installation and operation of joint prevention facilities shall be prescribed by Ordinance of the Ministry of Environment.
(6) According to the delegation, Article 45 of the Enforcement Rule of the Water Quality and Aquatic Ecosystem Conservation Act provides that a business operator or the representative of a joint prevention facility shall, when he/she intends to install the joint prevention facilities, submit to the Mayor/Do Governor the rules on the operation of the joint prevention facilities, including the details of sharing the amount of wastewater discharged from each workplace and the concentration of water pollutants when it is impossible to measure the degree of wastewater discharged from each workplace, and the amount of the discharge dues related to the operation and management of the joint prevention facilities (Article 1(6)6).
(2) The purport of the proviso of paragraph (2) is to stipulate the following as follows: (a) if a joint prevention facility is installed, it is difficult for business operators to accurately measure the quantity of wastewater discharged and the concentration of water pollutants by place of business; and (b) if business operators voluntarily determine the rate of allocation of discharge dues, business operators are treated as business operators who calculated the discharge