폐기물처리신고 반려처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is operating a breeding facility in Gyeong-gun B (hereinafter “instant application site”).
B. On July 29, 2015, the Plaintiff filed a waste treatment report (recycling) report (hereinafter “instant report”) with the following content in order to recycle animal and plant residues from the Defendant as animal feed at the place of the instant application to the Defendant.
The current status of facilities: Facilities for crushing (7.5HP x 1): 0.3t/day storage facilities and daily storage capacity 3 meters (W) x 4 meters x 4 meters (L), 1m (H), 12 cubic meters, and 1 place of storage permitted: 3t
C. Accordingly, on August 4, 2015, the Defendant returned the instant report to the Plaintiff for the following reasons.
(hereinafter “instant disposition”). The Plaintiff’s dog breeding facilities have filed a petition for grievance with residents on several occasions due to malodor and noise that are generated within 200 meters, and the residents have filed a recommendation for improvement in excess of the permissible emission levels as a result of the measurement of malodor twice on January 26, 2015 and July 6, 2015. As such, the self-help efforts to reduce malodor and maintain cleanliness have been required, and pursuant to Article 4 of the Ordinance on the Management and Use of the Gu-gun Livestock Excreta, an open raising facility within 700 meters has been designated as an open raising facility area within 70 meters from the residential smuggling area. However, there has been inconvenience for residents at night due to malodor and noise, and thus, the settlement of the damage to residents due to malodor and noise generated in an open raising facility has to be conducted prior to the preparation of a resolution to resolve the damage to residents.
Therefore, the report of this case is rejected because the acceptance of the report of this case is more likely to cause damage to the public interest in comparison with the harm and injury to the public interest due to the increase of malodor and noise generated in an open breeding facility due to the introduction of animal residues.
The plaintiff is dissatisfied with the disposition of this case and is subject to an administrative appeal to the Gyeonggi-do Administrative Appeals Commission.