beta
(영문) 광주고등법원(전주) 2015.11.09 2013누982

대기배출시설 폐쇄명령처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company that has a place of business in Jeonbuk-gun, Jeonbuk-gun, and runs the business of manufacturing and selling asphalts.

B. On January 15, 2010, the Plaintiff filed a report on the alteration of air pollutants emission facilities (hereinafter “instant report”) with the following content, on the ground that the air pollutants emission facilities and prevention facilities (hereinafter “existing facilities”) installed at the site of ice B (hereinafter “instant land”) are deteriorated, and the Plaintiff intended to change and install the existing facilities into the same kind of facilities among the existing facilities, thereby intending to install them (hereinafter “instant report on alteration”).

[Contents of the modification of this case] The summary of the workplace: Class 2 of air, the amount of air pollutants generated: 39.2 tons of air and the amount of air pollutants generated: the modification of some emission facilities (building and mixture facilities) to the same facilities as the same kind of facilities due to the deterioration of preventive facilities.

In order to close the 570 cubic meters/minutes x 2,140 cubic meters/minutes x 1), which are the same preventive facilities, the court below's power-generating facilities and leisure and leisure and heating facilities (2,140 cubic meters x 1) which are the same preventive facilities, shall be installed by changing the sulfur content of B/C (mith mith oil), which is the fuel, to change 1% of sulfur content of the fuel B/C (mith oil) to 0.5%, and to discharge pollutants which are the fuel, which are the fuel, to lower than the existing one, and to remove the operating time and operating date when calculating the type of year 2004.

As a result, the amount of air pollutants generated is reduced (39.02 tons/year) more than the existing amount of emission (43.68 tons/year), and it becomes a Class II place of business as it is.

The content of the previous report and the revised report attached to the instant report on the change of the facility name (the report of May 26, 1982) is the type of air pollution substances generated by 1,400 g/hr 1,400 g/hr (33.7 metres) 1 mixed facility 3.2 metres 1,3.2 metres, 120HP (Mama) 120HP (Mama) volume of air pollution substances generated by 13.2 metres in 13.2 metres.