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(영문) 수원지방법원 2014.05.22 2013구합3734
폐기물처리업허가신청서 불가 통보 처분 취소
Text

1. The Defendant’s non-provisional disposition against the Plaintiff on January 25, 2013 is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 23, 200, the Plaintiff is a waste intermediate treatment company which obtained a license for intermediate disposal of designated wastes from the basin environmental office of Han River on March 23, 200, and a license for intermediate disposal of wastes other than designated wastes from the Defendant on December 8, 2003.

B. On January 16, 2013, in order to recycle organic sludge generated in the course of sewage treatment as solid fuel, the Plaintiff filed an application for permission for waste treatment business with the Defendant pursuant to Article 25(3) of the former Wastes Control Act (amended by Act No. 11914, Jul. 16, 2013; hereinafter “Waste Control Act”) and Article 28(3) of the Enforcement Rule of the same Act (hereinafter “instant application”).

Plaintiff

In the process of burning waste synthetic resin, civil petitions that appeal inconvenience to local residents and neighboring enterprises, etc. are periodically occurring due to malodor and noise generated in the process of burning waste synthetic resin in companies, and the rise of the temperature is the high emission of malodor, and there is an empty civil petitions from local residents, etc.. In addition, if the Plaintiff adds organic sludge, which is business-related waste, many factories are concentrated, and if new waste recycling permission is repaired, it is anticipated that serious damage such as noise, vibration, traffic congestion, traffic congestion, traffic accident, etc. caused by increased traffic of large waste collection and transportation vehicles will be serious, and it is judged that the increase of environmental pollution in neighboring areas would cause serious environmental problems to local residents, enterprises, etc. who wish to live a pleasant living environment.

On January 25, 2013, the Defendant notified the Plaintiff of the lack of permission for the instant application pursuant to Article 25(2)4 of the Wastes Control Act on the following grounds.

(hereinafter referred to as “instant disposition”) 【No dispute exists,” written evidence Nos. 1-1, 2, and 2-3, and all pleadings.

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