2017 Gohap6505 Revocation of the imposition of charges for installing waste disposal facilities

A person shall be appointed.

A person shall be appointed.

November 23, 2017

February 8, 2018

1. On May 17, 2017, the part that exceeds KRW 10,740, 413, and 262 out of the charges imposed on the Plaintiff for the installation of waste disposal facilities in the Song-gu, Song-gu, Korea.

2. The plaintiff's remaining main claims are dismissed.

3. The part concerning the conjunctive claim in the instant lawsuit shall be dismissed.

4. Of the costs of lawsuit, 2/5 shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

1. The primary purport of the claim

On May 17, 2017, the Defendant revoked the portion exceeding KRW 4,676, 718, and 500, out of the charges imposed on the Plaintiff for the installation of waste disposal facilities in Song-gu, Song-gu.

2. Preliminary purport of claim

On June 15, 2017, the Defendant revoked the part exceeding KRW 676, 718, and 500 among the secondary disposition of the charges for installing waste disposal facilities in Song-gu, Song-gu, Seoul, with respect to the Plaintiff in excess of KRW 676,718, and 500.

1. Details of the disposition;

A. The Plaintiff is a project implementer that implements the project for the development of housing sites in Ulsan-gu, Ulsan-dong, Ulsan-dong, Ulsan-dong (hereinafter referred to as the “instant project”). The Plaintiff is a project implementer that is implementing the project for the development of housing sites in Ulsan-gu, Ulsan-dong, Ulsan-dong (project area 1, 438, 059 square meters, planned population 19, 595 square meters, project period, September 6, 2007 to June 30, 2018; hereinafter referred to as the “instant project”).

B. As the area of the instant project district exceeds 300 square meters and 000 square meters, the Plaintiff is obligated to install waste disposal facilities or pay an amount equivalent to the installation cost of waste disposal facilities to the Defendant, who is the head of the competent local government, in accordance with Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Promotion Act”).

C. As a result, the plaintiff submitted to the defendant a written plan for the payment of waste disposal facilities installation charges (not known) on December 3, 2009. After the defendant's request for supplementation, the plaintiff submitted supplementary documents of the payment plan with the amount of 6,022, 129,00 won as calculated on December 14, 2016.

D. Unlike the contents of supplementary documents of the self-payment plan submitted by the Plaintiff on December 14, 2016

A person shall be appointed.

D. Unlike the content of supplementary documents submitted by the Plaintiff on December 14, 2016, the Defendant calculated and imposed the instant installation charges at KRW 18,544,023,950 as follows (hereinafter referred to as “a disposition”).

A person shall be appointed.

D. On December 14, 2016, the Defendant issued a disposition to calculate and impose the instant installation charges at KRW 18,544,023,950 (hereinafter referred to as “instant disposition”) as follows, contrary to the content of the supplementary documents submitted by the Plaintiff, as follows.

[Ground of Recognition] In without dispute, Gap evidence 1 to 12, Eul evidence 1 to 5 and 7;

The purport of all pleadings

2. Judgment on the main claim

A. The plaintiff's assertion

1) Claim ① (The base point of time for volume of wastes anticipated to be generated)

Although the expected amount of waste generated in the project district of this case is subject to "the current status of national waste generation and disposal" in 2013 as of November 17, 2015, based on which the Plaintiff submitted a payment plan to the Defendant, which is the most recent data, as of November 17, 2015, the Defendant erred by applying "the current status of national waste generation and disposal" published in 2016.

(2) Claim (2) Whether the quantity of wastes anticipated to be generated overlaps is calculated)

If the daily amount of waste generated per person (kg/person/day; hereinafter referred to as "original unit") calculated on the basis of "the current status of the generation and disposal of nationwide waste" is multiplied by the resident population of the instant project district, the amount of waste generated per day from the instant project district is calculated. However, the Defendant calculated the planned population including E not only the resident population of the instant project but also the planned population including E-gu, and then calculated the volume of waste generated by multiplying the number of the planned population by the original unit.

(3) Claim 3 (Competent Calculation of the unit price for the installation of a food waste treatment facility)

The Defendant did not determine whether to install compost facilities and feed-making facilities at one of the facilities for food waste disposal, and it is unlawful to calculate the installation charges of this case by applying the unit price for the expenses for the installation of compost facilities unilaterally to the Plaintiff even though the Plaintiff did not intend to do so.

4) Claim 4 (Justifiableness of the cost of installing convenience and beneficial facilities for residents)

Since the cost of installing convenience facilities for residents is borne by the Defendant, who is the installation obligor, the Plaintiff is not obligated to pay it. Therefore, it is unlawful to include the said cost in the installation charge of this case.

5) Claim 5 ( right of application of change coefficient in calculating land purchase cost)

In calculating the cost for the purchase of waste disposal facilities, there is no legal basis for applying 1.3 of the fluctuation coefficient in the calculation of the cost for the purchase of waste disposal facilities, so it is illegal to calculate the cost for the purchase of land by uniformly multiplying the fluctuation coefficient.

B. Determination

1) As to the assertion 1

According to Article 4(3) and (4) of the Enforcement Decree of the Waste Promotion Act, expenses incurred in installing waste disposal facilities shall be calculated by dividing the expenses incurred in purchasing the site for facilities and the expenses incurred in installing facilities, and other necessary matters with respect to the calculation of the amount to be paid shall be recorded as prescribed by the Municipal Ordinance of the Si, etc. having jurisdiction over the area, and according to delegation, Article 4(2) of the Ordinance on Promotion, etc. of the Installation of Waste Disposal Facilities in Ulsan Metropolitan City (Ordinance No. 839, hereinafter referred to as the "Ordinance of Ulsan Metropolitan City") provides for the calculation standards for the installation expenses in detail. Meanwhile, Article 4(5) of the Enforcement Decree of the Waste Promotion Act, and Article 5 of the Ordinance of this case provides that a person liable for payment shall submit a payment plan to the head of the Gu having jurisdiction over the area of the district of the year before the commencement of the development project, and the head of the Gu who has received the payment plan shall confirm whether it is appropriate and notify

As above, even though the relevant statutes and the instant Ordinance stipulate detailed provisions on the calculation standards for installation costs, they do not stipulate any provision on the base point for the calculation of the estimated amount of waste generated per day, which is the premise for the calculation thereof, on the other hand, impose on the project implementer the obligation to submit a payment plan before the commencement of the construction. The head of the Gu confirms the appropriateness of the submitted payment plan and determines the amount to be paid, etc.

According to the attitude of the relevant laws and regulations, calculating the amount corresponding to the cost of installation based on the basic data at the time of submission of a payment plan can be deemed permissible. Accordingly, barring special circumstances, such as the occurrence of a sudden change in the volume of wastes expected to occur a day at the time of imposition of charges, barring special circumstances, such as that measures not reflecting such circumstance is considerably unreasonable, it cannot be deemed that the said Act is applicable even if calculating the amount of wastes expected to occur a day based on the basic data at the time of submission of a payment plan as alleged by the Plaintiff (see Supreme Court Decision 2015Du60105, Oct. 12, 2017).

(1) However, it is desirable to calculate the actual amount of waste in a housing site development project zone after completion and occupancy of the housing site development project in a similar way as F. Accordingly, the base point of time for calculating the estimated amount of waste generated in order to do so must be close to F. The point of time for calculating the amount of waste generated in consultation with the administrative agency even after the ordinary housing site development business operator first submitted the payment plan, ② correct errors in the initial payment plan in consultation with the administrative agency, reflect changes in circumstances arising between the plan and supplement, and supplement the payment plan; ③ an administrative agency is to verify the appropriateness of the payment plan based on the payment plan finally submitted and supplemented, and then impose the charge upon the housing site development business operator. The base point of time for calculating the amount of waste generated in the first day is not the time when the housing site development business operator submitted the first payment plan, but the final payment plan should be the basis for calculating the amount of waste generated in the vicinity of the last payment date.

Thus, as seen earlier, the time when the Plaintiff finally submitted supplementary documents of the payment plan before the instant disposal is December 14, 2016, and the basic data that was published most adjacent to the said time is "the current status of national waste generation and disposal in 2015, published in 2016." Thus, there is no error of law in calculating the estimated daily amount of waste generated in the instant disposal based on the above data.

Therefore, this part of the Plaintiff’s assertion is without merit.

2) As to the assertion 2

In light of the following circumstances that can be acknowledged by comprehensively taking account of the purport of the entire arguments in each of the above evidence, it is unlawful to determine the number of planned population by adding not only the resident population in the instant project district, but also all the E-Gu, including the full-time population and the population visiting and using them, and to calculate the estimated volume of waste generated per day by multiplying the original unit.

Therefore, this part of the plaintiff's assertion is justified.

A) Article 8(1)1 of the Housing Site Development Promotion Act provides that a standard Ordinance on the Calculation of Expenses for Installation of Waste Disposal Facilities under Housing Site Development Promotion Act prepared by the Ministry of Environment (hereinafter referred to as the "standard Ordinance") shall be applied to the calculation of the expected daily waste volume by dividing the total waste volume by the population, and then multiplying the planned population of the relevant housing site, which is to be developed. According to Article 8(1)1 of the Housing Site Development Promotion Act, a housing site developer shall establish a housing site development plan where the outline of the development plan is included, and Article 7(1)1 of the Enforcement Rule of the same Act provides that "the plan for population and housing to be expropriated" shall be included in the outline of the above development plan. Meanwhile, since the accommodation population is calculated by multiplying the total number of housing units scheduled to be constructed by the average number of population of each household, the accommodation population is to become a resident population in housing, and ultimately, the residential population is to be interpreted only as a resident population in the Gu development plan.

Even if there is no effect as a law, such standard ordinance can be the standard for response unless there is a specific standard for the method of calculating the cost of installing waste disposal facilities in the relevant statutes and ordinances.

B) The original unit that forms the basis for the instant disposal does not distinguish the resident population in Ulsan-gu and the volume of wastes discharged respectively by the full-time population and the visit and the number of wastes generated in the territory of Ulsan-do from a certain level. After measuring the volume of wastes generated in the entire territory of Ulsan-do, this is simply calculated by simply calculating the volume of wastes expected to have occurred per day per resident population in Ulsan-do as the resident population in Ulsan-gu.

Therefore, if the volume of waste is calculated by multiplying the original unit by the resident population in the instant project district, the volume of waste discharged by the resident population, the full-time population, and the visiting and using population in the entire project district in the instant project district. In this context, once calculating the volume of waste generated per day by including the full-time population, the number of visit and using population, etc. in the planned population, the volume of waste generated by the full-time population, the number of visit and using population, etc. in the instant project district,

C) In order to reasonably calculate the daily waste volume as alleged by the Defendant, it seems necessary to reflect the full-time population in the planned population. Despite these needs, there is no evidence to estimate the daily waste volume by classifying the permanent population and the full-time population in Ulsan-gu, North Korea, and thus, there is a limit to accurately calculating the anticipated volume of waste generated per day. However, even in light of these circumstances, it is not reasonable to determine the anticipated volume of waste generated by re-including all the permanent Gu into the planned population in the situation where the anticipated volume of waste generated to the full-time population is reflected alternatively in the planned population.

D) Article 4(2)5 of the instant Ordinance provides that “The amount of waste generated shall be calculated including both (including tenants) and resident (including commercial buildings, schools, churches, public facilities, etc.).”

According to this, the scope of planned population for calculating the expected volume of waste generated per day shall include resident and full-time population in the relevant housing site, but it shall be interpreted that temporary visit and use population are not included.

E) However, Article 4 (2) 6 of the Ordinance of this case provides that "the head of the Gu may apply the provision of Article 4 (3) of the Decree to the case where it is deemed necessary to calculate the cost of waste disposal facilities among the matters stated above, or shall calculate the cost by inserting the necessary provisions by inserting them." Thus, it seems that the head of the Gu can calculate the estimated amount of waste generated per day, including the door and the number of people using the waste disposal facilities, to the extent necessary to reasonably calculate the cost of waste disposal facilities.

However, in light of the fact that the daily volume of waste expected to occur in the instant project district by means of multiplying the residential population in the original unit by the daily volume of waste is already calculated, and since the instant project is mainly creating an area that is permanently permanently stationed or full-time, such as housing, school, neighborhood revitalization facilities, G facilities, public facilities, etc., it is difficult to view that the temporary visit and use population increased considerably prior to the implementation of the project, and there is no other evidence to acknowledge it, it is not reasonable to uniformly calculate the estimated volume of waste by including 10% of the visiting population in the planned population by including the 10% of the visiting population and using population.

3) As to the assertion 3

Article 4(3) of the Ordinance of this case provides that “The pre-determined standard amount equivalent to the installation cost of the waste disposal facility may be applied to the most recent local government, and the type and method of the facility shall be determined separately by the head of the Gu.” It is interpreted that the head of the Gu grants discretion to decide whether the type and method of the facility should be treated as obsation, how the facility should be installed as obsation, or how the installation cost of each facility should be determined. ② Under the premise that the Plaintiff agreed on the installation cost of the facility, the Defendant would determine the installation cost of the food waste disposal facility as ressation facilities in total, under the premise that the Plaintiff would have determined the installation cost of the facility as 20 million won, which is the standard installation cost of the waste disposal facility; ③ The Plaintiff’s submission of the installation cost of the facility to 120 million tons per ton of the food waste disposal facility to the final payment of the installation cost to 20 million won per ton of the facility.”

Therefore, this part of the Plaintiff’s assertion is without merit.

4) As to the assertion No. 4

In light of the following circumstances, it is legitimate to include the costs of installing convenience facilities for residents in the instant disposition in the instant installation charges that the Plaintiff is obligated to pay.

Therefore, the plaintiff's assertion on this part is without merit.

A) Articles 2 and 20 of the Waste Promotion Act and Article 24 of the Enforcement Decree of the same Act stipulate that "the Minister of Environment or the head of a local government who intends to install and operate waste disposal facilities, i.e., waste disposal facilities, the head of the Seoul Metropolitan Area Reclamation Land Management Corporation, as prescribed by Presidential Decree, shall install convenience facilities for local residents, including sports facilities, in consultation with the relevant waste disposal facilities site or its neighboring support consultative body, as prescribed by Presidential Decree." Thus, the language and text of the above provision appears to have no obligation to install convenience facilities for the plaintiff who is not an agency installing waste disposal facilities.

B) However, if the cost of installing waste disposal facilities is not included in the cost of installing the waste disposal facilities to be paid by the housing site development project implementer, the Mayor, etc., in principle, shall make efforts to install the waste disposal facilities on behalf of the project implementer who is obligated to install the facilities at the time of waste disposal, as well as on its own account (as a result, it is against the principle of equity and is contrary to the legislative intent of the above provisions.

C) Furthermore, if the Mayor, etc., who is an agency installing waste disposal facilities under Articles 2 and 20 of the Waste Promotion Act and Article 24 of the Enforcement Decree of the same Act, installs waste disposal facilities on behalf of the project implementer in addition to installing waste disposal facilities on its own, it is interpreted that the obligation to install the resident convenience facilities is exempted. However, even though the economic and environmental disadvantages, etc. that residents are expected to receive due to the installation of waste disposal facilities on behalf of the project implementer by the mayor, etc., are the same as snow for the project implementer who installs the facilities on behalf of the project implementer, the purport of the law that imposes an obligation to install waste disposal facilities on behalf of the project implementer to compensate for the disadvantage of neighboring residents by imposing an obligation to install

D) Therefore, considering that installation of waste disposal facilities on its own account in addition to installation of waste disposal facilities on behalf of a project implementer, etc. is unreasonable and all the circumstances such as the interests of neighboring residents, each of the above provisions of the Waste Promotion Act and the Enforcement Decree of the same Act shall be interpreted to mean that ① expanded construction of waste disposal facilities to include a project implementer in an agency installing waste disposal facilities, ② direct installation of waste disposal facilities to treat waste generated from a housing site to a project implementer (in ordinary cases, it is anticipated that a project implementer who installs waste disposal facilities, which is a kind of waste disposal facilities, will individually undergo consultation and compensation procedures with neighboring residents), ③ installation of facilities for convenience of residents, other than waste disposal facilities, should be interpreted to grant an option to pay to the Mayor, etc

E) Thus, even according to a certain interpretation of this case, the plaintiff selected to pay the cost of installing the waste disposal facilities including the cost of installing the facilities for the convenience of residents instead of directly installing the waste disposal facilities. Thus, it is legitimate for the defendant to include the cost of installing the facilities for the convenience of residents in the cost of installing the facilities for the convenience of residents based on Article 4(2)4 of the Ordinance of this case (the cost of installing the waste disposal facilities may include the cost of installing the facilities for the convenience of residents, such as the cost of convenience of residents, etc.).

5) As to the assertion 5

In full view of the following circumstances, it cannot be deemed unlawful to apply 1.3 of the fluctuation coefficient in calculating the usage of the site for waste disposal facilities in the instant disposition.

Therefore, the plaintiff's assertion on this part is without merit.

A) Article 4(3)1 of the Enforcement Decree of the Waste Promotion Act provides that, when calculating the cost of purchasing a site for waste disposal facilities, “the cost of purchasing a site for incineration facilities and food waste disposal facilities” under Article 4(2) provides that “the cost of purchasing a site for incineration facilities and food waste disposal facilities” shall be calculated, and other necessary matters concerning the calculation of the amount to be paid under Article 4(4) of the same Act shall be prescribed by ordinances of the Special Self-Governing Province, Si, Gun, or Gu having jurisdiction over the relevant area, and delegates a specific calculation method

B) Accordingly, Article 4(2) of the instant Ordinance prescribes the scale of waste disposal facilities by multiplying the expected daily waste volume by the maximum change coefficient of at least 1.3 years, and then by multiplying the required area per ton and the housing site D per ton, thereby embodying the method of calculating the cost of purchasing the site.

Since the area of the site to be purchased is likely to depend on the scale of waste disposal facilities to be installed on the ground, and the scale of such waste disposal facilities depends on the expected volume of waste generated per day, it would be reasonable to determine the method of the Ordinance of this case, which provides that the purchase cost shall be calculated based on the anticipated volume of waste generated per day.

C) However, the daily volume of waste expected to have occurred is calculated on the basis of the average value, and due to its characteristics, it is serious to change depending on seasons. Considering the social confusion that may arise in the event that the wastes are not timely disposed of, waste disposal facilities need to have a scale (the disposal capacity) to the extent that they are able to cope with the unexpected increase of the volume of waste generated on a daily basis. Accordingly, the scale of waste disposal facilities and their sites are determined on the basis of the maximum value of the expected volume of waste generated on a daily basis.

D) Therefore, by multiplying the maximum change coefficient to the volume of wastes expected to occur per day, it is necessary to calculate the maximum value of wastes expected to occur per day, and to prepare waste disposal facilities and sites in sufficient size to fire-fighting without problems. This calculation method seems to be in line with the purport of the Enforcement Decree of the Waste Promotion Act, rather than explicitly prohibited under the Enforcement Decree of the same Act.

E) In light of Article 5(3) of the Standard Ordinance, which provides that the method of multiplying the expected volume of waste generated per day by the fluctuation coefficient (1.3 U.S. dollars) may be applied when determining the scale of waste disposal facilities, the determination and application of the fluctuation coefficient by the Ordinance of this case as 1.3 can be deemed to have reasonable and objective grounds, as the case may be.

C. Sub-committee

Therefore, the instant disposition is erroneous in calculating the installation charges of this case, including not only the resident population in the planned population but also the Gu with full-time population and visitors and users. In light of this, the installation charges duly calculated based on this point shall be deemed as follows: 10, 740, 413, and 262 (turf less than KRW 10, 740, 413, and 262 (turf less than KRW 10, 740, 413, and 262 of the instant disposition shall be revoked.

A person shall be appointed.

3. Determination on the conjunctive claim

A person shall be appointed.

We examine ex officio the legitimacy of this part of the lawsuit.

Comprehensively taking account of the overall purport of the arguments in Gap evidence 12, 17, Eul evidence 6, and 11, the defendant issued a notice of payment of 4 billion won to the plaintiff on May 17, 2017, the defendant issued a notice of payment of 18, 544, 023, and 950 won to the plaintiff in installments on four occasions based on Article 6 (2) of the Ordinance of this case. The defendant issued a notice of payment of 4 billion won in the first installment on May 23, 2017, and a notice of payment of 4 billion won in the second installment on June 15, 2017 to the plaintiff on the second installment of 20 billion won in the second installment, and the second installment payment notice of the plaintiff's revocation shall be deemed to be a simple installment payment of the charges in this case, and it shall not be deemed to be an independent administrative disposition that is separate from the period of payment.

Therefore, this part of the lawsuit is unlawful due to the lack of eligibility.

4. Conclusion

Therefore, the plaintiff's main claim is justified within the above scope of recognition, and the remaining main claim is dismissed as it is without merit. Since the part concerning the conjunctive claim among the lawsuit of this case is illegal, it is so decided as per Disposition.

Judges Kim Tae-tae

Judges Cho Jong-chul

Judges Lee Jong-hoon

1) The planned population of the instant project district 19,595 + the number of tenants 3,53.

[Attachment]

Related Acts and subordinate statutes

▣ 폐기물처리시설 설치촉진 및 주변지역지원 등에 관한 법률

Article 2 (Definitions)

The terms used in this Act shall be defined as follows:

1. The term "waste disposal facilities" means waste disposal facilities under Article 2 of the Wastes Control Act;

2. The term "institution installing waste disposal facilities" means any of the following persons:

(a) The Minister of Environment or a local government that intends to install and operate the following waste disposal facilities (Article 159 of the Local Autonomy Act):

The head of a local government association established under this Act (including a local government association; hereinafter the same shall apply)

(1) A waste landfill facility with a capacity of at least 300 tons per day, which is at least J 150,000 square meters;

(2) Waste incineration facilities with a disposal capacity of at least 50 tons per day;

(3) Other waste disposal facilities determined by the Minister of Environment in consideration of the environmental impact on the surrounding areas.

Facilities (limited to facilities installed by the Minister of Environment) publicly announced by the Minister of Environment or ordinance of a local government.

Facilities (limited to facilities installed by local governments)

(c) Establishment and operation of the Reclaimed Site Management Corporation which intends to install and operate waste disposal facilities under item (a) (i) or (ii) of this item;

The head of the Land Site Management Corporation under the Act on the Management of Land, Infrastructure and Transport Corporation (hereinafter referred to as the "head of the Site Management Corporation").

(2)

Article 6 (Installation, etc. of Waste Disposal Facilities Following Housing Site Development Projects)

① 대통령령으로 정하는 규모 이상의 공동주택단지나 택지 ( 宅地 ) 를 개발하려는 자는 그 공동주택단지나

Waste disposal facilities prescribed by Presidential Decree to dispose of wastes generated from the housing site shall be installed or

The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the relevant area (autonomous Gu)

The head of the Gu shall pay it to the head of the Gu; hereinafter the same shall apply).

(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall issue the amount received pursuant to paragraph (1) in the relevant multi-family

It shall be used for the installation of waste disposal facilities to dispose of generated wastes.

(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall pay an amount equivalent to installation expenses pursuant to paragraph (1).

If a deadline is not paid by the deadline, an amount shall be collected in the same manner as delinquent local taxes are collected.

(4) Matters necessary for the calculation method of the amount to be paid under paragraph (1), payment procedures, etc. shall be prescribed by Presidential Decree.

Article 7 (Securing Sites for Waste Disposal Facilities)

A person who is required to install waste disposal facilities pursuant to Article 5 or Article 6 (1) shall take measures, such as including installation of sites for the facilities in a plan for the development, installation, and extension of the relevant industrial complex, etc.

Article 20 (Installation of Facilities for Convenience of Residents)

An agency installing waste disposal facilities shall install convenience facilities for local residents, including sports facilities, in consultation with the support consultative body, in the site of the relevant waste disposal facilities or in the vicinity thereof, as prescribed by Presidential Decree: Provided, That where the support consultative body does not want to install all or part of convenience facilities, it may contribute an amount equivalent to the cost of installation of facilities to the residents support fund under Article 21.

▣ 폐기물처리시설 설치촉진 및 주변지역지원 등에 관한 법률 시행령

Article 4 (Installation of Waste Disposal Facilities Following Housing Site Development Projects)

(1) "Collective housing complexes or housing sites the size of which is larger than that prescribed by Presidential Decree" in Article 6 (1) of the Act means three hundred thousand square meters in the column of the district.

The term "multi-family housing complex or housing site (hereafter referred to as "housing site, etc." in this Article) with at least two housing sites.

(2) "Waste disposal facilities prescribed by Presidential Decree" in Article 6 (1) of the Act means wastes produced in the relevant area.

Incineration facilities for disposal and food waste disposal facilities.

(3) The amount equivalent to the installation costs under Article 6 (1) of the Act (hereafter referred to as "amount to be paid" in this Article) shall be as follows:

It shall be calculated in accordance with the following classification:

1. Calculation of expenses incurred in purchasing a facility site: A site for incineration facilities and food waste disposal facilities under paragraph (2);

Expenses incurred in purchasing

2. Calculation of expenses incurred in installing facilities classified as follows:

(a) In the case of incineration facilities: One ton of the expenses required for the installation of incineration facilities of a scale of 200 tons per day of disposal capacity;

K out of the daily estimated volume of wastes in the relevant housing site, etc., the quantity of wastes, the quantity of non-combustibility wastes, and Ghana at a unit price;

Ton the whole quantity of wastes calculated by subtracting the amount of L waste scheduled to be disposed of from food waste treatment facilities, among dynamic wastes;

amount multiplied by the number of persons

(c) In cases of food waste disposal facilities: Installation of compost and feed-making facilities with a daily disposal capacity of 30 tons or more;

The unit price per ton of the expenses incurred in such expenses shall be separated and discharged out of the estimated daily waste quantity generated from the relevant housing site, etc.

Amount calculated by multiplying the whole quantity of food wastes, such as food, by the tonnage;

(4) Other necessary matters concerning the calculation of the amount to be paid under paragraph (3) shall be the Special Self-Governing City and special cases having jurisdiction over such

Local autonomy shall be prescribed by municipal ordinance of each Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply).

(5) A person who lowers the amount to be paid without installing waste disposal facilities pursuant to Article 6 (1) of the Act shall pay the amount.

Before the commencement of such development project, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, Si, Gun or Gu;

The head of the Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall submit it to the head of the Gu, and special autonomy in receipt of a payment plan.

The Mayor, the Governor of a Special Self-Governing Province, the Mayor, the head of a Gun/Gu shall verify the appropriateness thereof and pay them.

The person who has submitted the payment plan shall be notified. In such cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the Mayor,

the head of the Gu shall pay as prescribed by the Ordinance of the Special Self-Governing City, Special Self-Governing Province, Si, Gun, or Gu.

may be made available to the public.

(6) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the Mayor, the head of a Si, or the head of a Gu who has received the amount

In order to install incineration facilities or food waste disposal facilities of an appropriate size in the area to be installed, such facilities shall be installed.

If it is deemed unnecessary, the Wastes Control Act shall be implemented to treat wastes generated in the relevant area.

Whereas referred to in attached Table 3 of the Decree, facilities excluding incineration facilities, landfill facilities, and compost and feed-making facilities;

The amount to be paid may be used for the installation.

(7) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the Mayor, the head of a Si, or the head of a Gun/Gu to whom

Where it is deemed impracticable to install adequate incineration facilities or food waste disposal facilities in the calendar, it shall be deemed impracticable to do so.

The amount to be paid for the installation of incineration facilities or food waste disposal facilities used jointly with the area.

(2) may be used.

Article 24 (Installation, etc. of Facilities for Convenience of Residents)

(1) An agency installing waste disposal facilities shall, when it intends to install convenience facilities pursuant to Article 20 of the Act, install the facilities concerned

10/100 of the cost of installing a facility (referring to the cost of installing a facility, excluding the cost of site, compensation, expenses for ancillary facilities, etc.)

The convenience facilities shall be established in a convenience facility, and matters concerning the types, methods of installation, etc. thereof shall be determined by the Support Consultative Body under Article 18 (1).

shall consult with the Corporation.

(2) An agency installing waste disposal facilities shall give convenience to residents living in neighboring areas in consultation with the Support Consultative Body.

The usage fees of the snow may be reduced or exempted.

▣ 울산광역시 북구 폐기물처리시설 설치촉진 등에 관한 조례

Article 4 (Standards for Calculation of Installation Costs and Installation Costs)

(1) Pursuant to Article 6 of the Act and Article 4 of the Decree, a project operator shall treat wastes generated from the relevant housing sites, etc.

Waste incineration facilities (hereinafter referred to as "retirement facilities") and waste disposal facilities for composting feed (hereinafter referred to as "waste disposal facilities")

(1) The amount equivalent to the installation cost of the Gu shall be paid to B (hereinafter referred to as the "head of the Gu")

of this section.

(2) "Amount equivalent to the installation cost" in paragraph (1) means the amount calculated according to the following standards:

1. Scale of waste disposal facilities;

(a) Incineration facility: Quantities of wastes K out of the wastes anticipated to accrue on the one day of the planning target year in the relevant housing site, etc.; and

L wastes scheduled to be disposed of by food waste disposal facilities, among the combustibility wastes and inflammable wastes;

The value obtained by multiplying the whole quantity of wastes by the maximum change coefficient of the planning date (in such cases, the maximum change coefficient of the planning date shall be 1.3.

more than 10

(b) Feed-making equipment for compost: Separation of wastes expected to accrue on the one day from the planning target year in the relevant housing site, etc.;

Value obtained by multiplying the whole quantity of wastes, such as food, by the maximum change coefficient of the planned date (in such cases, the maximum of the planned date);

The coefficient of change shall be 1.3 or more.

2. Area of the site required to install waste disposal facilities;

(a) Incineration facilities: The value calculated in accordance with subparagraph 1 (a) multiplied by the area of the site required for the ton of the incineration facilities (c) ;

Corporation, “the site area per ton of the incineration facility” means the time of retirement required for the incineration of one ton of the waste.

The term "place of snow site" means the area of a snow site. In such cases, at least 180 square meters per ton shall apply)

(b) Feed-making equipment for compost: The site required for the ton of the feed-making equipment for compost from the scale calculated pursuant to subparagraph 1 (b);

Value obtained by multiplying the area by (in such cases, at least 80 square meters per ton shall apply)

3. Expenses incurred in purchasing sites for waste disposal facilities: The sites provided for in each subparagraph of subparagraph 2 at the cost of creating housing sites;

Amount obtained by multiplying by area;

4. Expenses incurred in installing waste disposal facilities;

(a) Incineration facilities: Actions to install incineration facilities of 200 tons or more of daily disposal capacity equipped with facilities for prevention of environmental pollution;

The unit price per ton of the expenses required (including incidental expenses, such as convenience facilities for residents, etc.) pursuant to subparagraph 1 (a);

Amount calculated by multiplying the size of the incineration facility by the size;

(b) Feed-making facilities for composts: Costs required to install feed-making facilities with a daily treatment capacity of 30 tons or more;

(including incidental expenses, such as convenience facilities for residents, etc.) calculated pursuant to subparagraph 1 (b) at the unit price per ton of the resident;

The amount obtained by multiplying the size of the feed-making facility for compost by the size;

5. The calculation of the amount of waste generation shall be a person (including a tenant) who resides or resides in the relevant housing site, etc. (commercial buildings, schools, churches, and churches);

It shall be calculated including all public facilities, etc.

6. The head of the Gu shall deem it necessary for the calculation of the costs of waste disposal facilities among other matters not set out above.

In the case of paragraph (3) of Article 4 of the Decree, the provisions of paragraph (3) of Article 4 of the Decree may apply mutatis mutandis or the necessary provisions may be inserted.

(3) Standards for calculating an amount equivalent to the installation costs under paragraph (2) shall be the results of research services for waste disposal facilities and other local areas.

The amount actually installed in local governments may be applied to the most recently, and the head of the Gu shall comply with the type and method of the facility.

shall be determined by the Regulations.

Article 5 (Submission of Payment Plans)

A person liable for payment shall submit a payment plan under Article 4 (5) of the Decree to the head of the Gu before the commencement of the development project, including all the following matters, and shall attach a copy of the person who performs the development project, written permission, written approval, and business plan:

1. Name of the project;

2. Project implementation period;

3. Location and area of the project implementation zone;

4. Current status of various facilities to be constructed (building status);

5. Estimated quantity of each waste generated;

6. The scheduled date and method of payment, etc. of the payment amount.

Article 6 (Payment of Installation Expenses)

(1) The head of the Gu shall verify the appropriateness of the submitted payment plan and then submit the payment plan.

notice must be given.

(2) The amount to be paid shall be 50% of the amount to be paid before authorization for a land substitution plan for the relevant housing site or approval for housing site supply.

The remaining amount shall be paid in full not later than 12 months before the completion of the construction, and it shall be divided equally within four times.

may be paid in full: Provided, That a person who intends to pay through a payment guarantee insurance shall pay the amount to be paid.

20/100 shall be paid in cash within 90 days from the date of the payment notice and shall be entrusted to the head of the Gu with the payment guarantee bond certificate.

section 22.

(3) If a person liable to pay installation costs fails to pay it within a M deadline, such expenses shall be collected in the same manner.

(2) End.