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(영문) 수원지방법원 2019.11.28 2018구합73103
조업정지처분취소
Text

1. The Defendant’s disposition of suspending operation against the Plaintiff on September 10, 2018 is revoked for three months.

2. The plaintiff's remainder.

Reasons

Details of the disposition

On June 8, 2018, the Plaintiff is engaged in the business of manufacturing fruits, hydrogen-saving foods (hereinafter referred to as the “instant place of business”), and as stated in the permission from the Defendant on June 8, 2018 (attached Form 1), the name of the wastewater discharge facilities, hydrogen processing and storage and treatment facilities, wastewater discharge facilities: 49.0 cubic meters: 49.0 cubic meters, water pollutants discharge items: PH, BOD, COD, SS, n-H (Dong), T-N, T-P, TR-P, and wastewater treatment method: Wastewater discharge facilities (hereinafter referred to as “instant wastewater discharge facilities”).

In accordance with Article 34 [Attachment 13] 1.A. 2 of the Enforcement Rule of the Water Environment Conservation Act, “Innju City,” where the instant construction site is located, falls under “A” as prescribed in Article 34 [Attachment 13] 1.2 of the Enforcement Rule of the Water Environment Conservation Act, but “Innju City, C” falls under the Han River basin area as prescribed in [Attachment 1] of Article 2 [Attachment 1] of the Enforcement Rule of the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin and eventually falls under the Han River basin area, and ultimately, Article 34 [Attachment 13] of the Enforcement Rule of the Water Environment Conservation Act [Attachment 13] is applicable to the instant construction site pursuant to Article 2(3) of the Enforcement Rule of the Water Environment Conservation Act.

1) The criteria for “Cheong River basin” under paragraph (1) are applicable. A public official belonging to the Han River basin Environment Office was under the control of the instant workplace around 13:20 on June 29, 2018 (hereinafter “instant control”).

() The sample analysis reveals that wastewater, which did not undergo a wastewater treatment properly conducted in the instant wastewater discharge facility, was discharged and collected. However, as a result of the sample analysis, the biochemical oxygen demand (BOD) in excess of the permissible emission levels set under Article 32(1) of the Water Environment Conservation Act, 361.8 (Permissible Emission Standards: 40mg/L), chemical oxygen demand (COD) 103.8 (Permissible Emission Standards: 50mg/L), total nitrogen (T-N), 48.803 (Permissible Emission Standards: 30mg/L), total nitrogen (T-N), 12.560 (T-P) (P).

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