폐쇄명령처분취소
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, a company engaged in the manufacturing business of the water source metal plant, is manufacturing the water source metal, etc. at a factory located in Kimpo-si B (hereinafter “instant business establishment”) designated as a natural green area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
B. On January 30, 2019, the Defendant confirmed that two gold cooling water tanks installed at the instant business establishment (0.324 cubic meters = 0.9m x 0.6m x 0.6m) installed in the instant business establishment each of the specific substances harmful to water quality, such as lead (Pb) 0.03m g/L, lead (Pb) 0.025m /L, etc. as a result of examining the ingredients of wastewater.
(hereinafter referred to as “each facility of this case” each of the above gold cooling water tanks.
On March 25, 2019, the Defendant issued an order to close down the instant facilities pursuant to Articles 44 and 71 of the former Water Environment Conservation Act and Article 105 of the former Enforcement Rule of the Water Environment Conservation Act (amended by Ordinance of the Ministry of Environment No. 829, Oct. 17, 2019; hereinafter the same shall apply) on the ground that the Plaintiff violated Article 33(1) of the former Water Environment Conservation Act (amended by Act No. 15832, Oct. 16, 2018; hereinafter the same shall apply) by installing and operating without permission wastewater discharge facilities.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1, 6, and Eul evidence Nos. 1 through 7, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that wastewater contaminated in the process of the process of the non-existence of the facility’s claim 1 is generated only but can not be deemed to fall under wastewater discharge facilities as stipulated in the former Water Environment Conservation Act if it was not discharged externally. Since the instant facility functions as a cooling water where the water loaded in the upper part is in a fast-to-deed shape and is in a fast-to-off shape, it is limited to only the generation of wastewater, and does not plan the external discharge of wastewater. Since wastewater is not discharged, it can be deemed that the daily maximum volume of wastewater is more than 0.01 cubic meters.