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(영문) 의정부지방법원 고양지원 2012.12.21 2012고정377
수질및수생태계보전에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a person who operates a D to produce recyclable plastic products in Mangdong-gu C and 6, Ilyang-gu.

Where a facility that discharges wastewater with a daily maximum amount of wastewater of at least 0.1 cubic meters is installed and operated as a facility for manufacturing plastic products, a report on the installation of wastewater discharge facilities shall be filed.

Nevertheless, from February 12, 2005 to September 20, 201, the Defendant installed and operated a plastic product cooling facility 0.52 cubic meters per day, which reuses wastewater of 1.8 tons from February 12, 2005, and produced and sells recyclable plastics, but operated the business without reporting the installation of wastewater discharge facilities.

2. Relevant statutes;

(a) The definitions of terms used in Article 2 of the Water Quality and Aquatic Ecosystem Conservation Act (Act No. 10219) are as follows:

4. The term “wastewater” means the water mixed with liquid or solid water-quality pollutants, which can not be used as it is for any purpose;

7. The term "water-quality pollutants" means substances prescribed by Ordinance of the Ministry of Environment, which pollute water pollution;

10. The term "wastewater discharge facilities" means facilities, machinery, apparatus, and other objects determined by Ordinance of the Ministry of Environment, which discharge water pollutants;

Article 33 (Permission and Report on Installation of Emission Facilities) (1) A person who intends to install emission facilities shall obtain permission from the Minister of Environment or file a report with the Minister of Environment under the conditions as prescribed by the Presidential Decree.

Those who intend to install wastewater non-discharge facilities pursuant to paragraph (7) shall obtain the permission of the Minister of Environment.

Article 76 (Penalty Provisions) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won:

1-2. A person who has failed to file a report under the provisions of Article 33 (1) or filed a false report;

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