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(영문) 창원지방법원 2014.12.19 2014구합21286
폐쇄명령취소
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. The Plaintiff is a corporation that runs aggregate wholesale business, etc. from November 1, 2000 to Seocho-gu, Changwon-si.

The Plaintiff sold sea sand and dust dust, after washing off the salt and dust dust of sea sand, which were stored in the open container installed at the first port of the Jinhae Sea Port, for which the permission for exclusive use of harbor facilities was obtained.

B. On February 12, 2014, the Changwon-si head of the Changwon-si notified the Plaintiff of “the Plaintiff shall file a report on the installation of wastewater discharge facilities under Article 33(1) of the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality and Aquatic Ecosystem Conservation Act”) on the ground that the amount of wastewater generated by mixing water pollutants containing specific substances harmful to water quality and heavy metal is at least 0.1 cubic meters a day in the process of screening and washing sea sand extracted falls under non-metallic mineral mining facilities in which water pollutants are mixed, not specified as harmful to water quality and heavy metal,

C. Accordingly, on February 20, 2014, the Plaintiff had been in charge of installing wastewater prevention facilities and reporting on the installation of wastewater discharge facilities to C (representative director D) registered as a specialized environmental construction business, and submitted a report on the installation of wastewater discharge facilities to the head of Jinwon-si, Changwon-si on February 20, 2014, stating “business kinds of business, sand and gravel extraction business, main products, aggregate production capacity for each product, non-metallic mining facilities, sand 2,00 cubic meters/day for each product, 70 cubic meters/day for discharged wastewater, 80 cubic meters/day for discharged wastewater, 80 cubic meters/day for wastewater treatment, pH (water temperature concentration index: water acid concentration index): COD (chemical oxygen demand), S-H (water oxide), N-H (N-H), T-N (total, T-P (T-P), and wastewater discharge facilities.”

After examining the report and accompanying documents submitted by the Plaintiff on February 21, 2014, the Defendant: (a) considered that the Plaintiff’s workplace constitutes a Class 4 wastewater discharge facility from at least 50 cubic meters to less than 200 cubic meters of wastewater a day; and (b) accepted the report on installation on the same day.

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