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(영문) 의정부지방법원 2019.10.31 2019구합571
건설폐기물처리사업계획신청판정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 27, 2018, the Plaintiff submitted a construction waste disposal business plan (hereinafter “the primary business plan”) to the Defendant in accordance with Article 21(1) of the Construction Waste Recycling Promotion Act and Article 12(2) of the Enforcement Rule of the Construction Waste Act, which read as “the interim construction waste disposal business (i.e., crushing), and construction waste intended for installation: Pocheon-si B, C (the site of this case; hereinafter “the site of this case”), and daily disposal volume: 1,600 tons.

B. On October 10, 2018, the Defendant made an improper notification of the primary business plan for the following reasons.

For the construction waste disposal business plan applied for in our city with a thickness, we understand the state time with the notification of the "influence" due to the following reasons.

is subject to rejection and improper objects in accordance with the Guidelines for Licensing Business with respect to complementary matters, such as failure to submit attached documents (applicable to air and wastewater discharge facilities) when filing an application for construction waste disposal business plan and documents to be submitted, reference data, application for permission for or report on installation

(b) It is unclear whether the environmental pollution that may occur in the course of the operation of the project complies with the environmental standards stipulated in Article 12 of the Framework Act on Environmental Policy, such as no materials are presented.

It is unclear whether the target wastes for business are those that can be disposed of at the facility because they are not specified in detail, and whether they are in conformity with the disposal methods by type of wastes that cannot be disposed of;

(d)in light of the characteristics of a complex that is adjacent to D and E and operates textile manufacturing business, the location of the same sector that produces a large quantity of noise, dust, etc. is not adequate;

The entrance and exit of large-scale vehicles to transport construction waste from 3 to 4 meters of the width of the entrance of the place of business is difficult, and the said location is the operation of large-scale trucks.

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