(영문) 울산지방법원 2019.9.5.선고 2019구합5452 판결

A. On January 9, 2018, the Plaintiff is a company with the objective of waste plastics recycling business. B, C obtained a building permit for the construction of Class 1 and Class 2 neighborhood living facilities on the ground (hereinafter “instant land”) from the Defendant on the ○○○○-ri and one parcel (hereinafter “instant land”). At around that time, the Plaintiff was requested by B and C for the implementation of civil engineering works (banking) on the instant land for the creation of the site for the said new building site.

B. On August 27, 2018, the Plaintiff filed a report on the treatment of waste water (recycling) with the purport that the sum of 26,800 tons of 'non-metallic metal refining process ores' and 's dusts', which are general waste in the instant land from September 15, 2018 to August 15, 2028, is properly mixed at the ratio of 1:5 to 1:5,00, and then recycling them as embling materials of the instant land (hereinafter referred to as "the instant report").

C. The Defendant demanded the Plaintiff to supplement the first supplement on September 11, 2018, and the second supplement on October 8, 2018. The Plaintiff submitted each supplement to the Plaintiff.

D. On October 25, 2018, the Defendant: (a) accepted the instant report and returned it to the Plaintiff on the following grounds (hereinafter “instant disposition”).

A person shall be appointed.

E. On November 8, 2018, the Plaintiff filed an administrative appeal with the Ulsan Metropolitan City Administrative Appeals Commission on the instant disposition, but the Ulsan Metropolitan City Administrative Appeals Commission dismissed the said administrative appeal on December 21, 2018.

[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 3 and 4 (with a number)

Each description and image of a parcel number, including a lot number, hereinafter the same shall apply), and the purport of the whole pleading;

2. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

The Plaintiff, upon the acceptance of the instant report, can enter into a specific consignment contract with the industrial waste discharger on waste treatment at its expense. Accordingly, it is impossible for the Plaintiff to enter into an entrustment contract on waste treatment or to provide information on hazards, etc. to the individual wastes subject to rehabilitation in the process of reporting waste treatment. The Plaintiff submitted the instant report by specifying the type of waste and the type of recycling, and the Plaintiff satisfied the requirements of “documents confirming that the instant report is a waste treatment report,” but the Defendant returned the instant report upon the request of the Plaintiff to submit materials that cannot be equipped at the stage of reporting waste treatment. The instant disposition is unlawful as it deviates from and abused discretionary authority.

(b) Relevant statutes;

As shown in the attached Table-related statutes.

C. Determination

1) Relevant legal principles

According to Article 46(1)1 of the Wastes Control Act, Articles 66(1), 66(2), and 67(1) and (2) of the Enforcement Rule of the Wastes Control Act, a person who intends to recycle wastes, such as vegetable residues, etc. shall be required to issue a report report to the reporter if the report is prepared, to verify that the report is subject to recycling; a plan to collect and transport wastes subject to recycling; a statement of the purpose or method of recycling depending on the type of recycling wastes; a statement of installation of storage facilities and storage containers; a statement of waste disposal plan generated in the process of recycling; a plan to install waste disposal facilities; and a plan to install waste disposal facilities; and a written consent of the owner and landowner of the relevant land, etc. who directly uses wastes as banking; and the Mayor/Do Governor, upon receipt of the report, grants a report report to the relevant administrative agency if the report is made with a certain plan and other facilities; and thus, the Do Governor may refuse to accept the report in accordance with the above Act and subordinate statutes to the extent that the report is not required to be accepted.

2) Determination

A) The key issue of the instant case

Article 67(1)2(a) of the Enforcement Rule of the Wastes Control Act explicitly states that a person who intends to report a waste disposal should attach “documents verifying that the person is subject to a report on waste disposal” to the report. In this case, the key issue of this case is whether a “documents verifying that the person is subject to a report on waste disposal” should contain a certain degree of information on the wastes subject to a report. The Plaintiff asserts that it is sufficient to specify the type of “waste” and the type of recycling, and that the documents providing information on hazards, etc. of wastes need not be necessary and that it is impossible to secure them at the report stage. On the contrary, the Defendant asserts that whether there exists the characteristics of the wastes subject to recycling as prescribed in Article 13-2(1) of the Wastes Control Act and Article 7-2 [Attachment 4-2] of the Enforcement Decree of the same Act, whether there is any harmful characteristics, characteristics and stability in the delivery of wastes, whether the wastes meet the standards and methods of waste disposal as prescribed in Article 13-2(3) of the Wastes Control Act, and Article 14-3(5) [Attachment] of the Enforcement Rule.

B) Contents of “documents confirming that waste treatment is subject to reporting”;

The main text of Article 13(1) of the Wastes Control Act provides that any person who intends to dispose of wastes shall comply with the standards and methods prescribed by Ordinance of the Ministry of Environment. Article 13-2(1) provides that "Any person may recycle wastes if he/she does not violate any of the following subparagraphs." In addition, Article 13-2(1)4 of the Wastes Control Act provides that "the standards for recycling shall be set out in the process of removing or stabilizing harmful substances, such as heavy metals, and so on to ensure that matters prescribed by Presidential Decree are not likely to cause harm to people or the environment", and Article 13-2(1)5 delegates the standards for the stabilization, etc. of hazardous substances to Presidential Decree. Article 13-2(5) provides that "The person shall comply with the standards for recycling prescribed by Ordinance of the Ministry of Environment and delegates specific standards for recycling to the Ministry of Environment, and Article 13-2(3) of the same Act provides that "only the standards and methods for the prevention and reduction of contamination necessary to observe the principles prescribed by Ordinance of the Ministry of Environment shall be delegated to the Act."

Meanwhile, Article 25(1) of the Wastes Control Act provides that a person who intends to engage in the business of collecting and transporting wastes, recycling or disposing of wastes (hereinafter referred to as "waste disposal business") shall obtain permission from the Minister of Environment or the competent Mayor/Do Governor depending on the type of wastes, but is exempted from the obligation to obtain permission for waste disposal business. Meanwhile, Article 46(1) of the Wastes Control Act provides that "the person who recycles wastes such as such vegetable residues by a specific method prescribed by Ordinance of the Ministry of Environment (No. 1)," "the person who collects and transports wastes prescribed by Ordinance of the Ministry of Environment, such as waste paper and scrap metal, or who recycles wastes to the extent that the scale of his/her place of business meets the standards prescribed by Ordinance of the Ministry of Environment (No. 2), "the person who collects and transports wastes under Article 46(1) of the Act, such as waste disposal business, shall be exempt from the obligation to file a report on the type of waste disposal business," or "the person who is obligated to file a report on the type of waste disposal business."

Therefore, pursuant to Article 46(1)1 of the Wastes Control Act, where a person prescribed by Ordinance of the Ministry of Environment as a person who engages in recycling of waste wastes, such as vegetable residues, etc., on his/her own farmland by using them as composts, etc., such person’s recycling “in cases where he/she intends to report a provisional waste disposal,” not only falls under the type of recycling as stipulated in Article 66(2) and [Attachment 16] of the Enforcement Rule of the Wastes Control Act pursuant to delegation of Article 46(1)1 of the Wastes Control Act, but also falls under the category of recycling as defined in Article 66(2) and [Attachment 16] of the Enforcement Rule of the Wastes Control Act, and only if the provisional termination of such recycling type satisfies the regulatory requirements of the Wastes Control Act, etc., the person who intends to report a waste recycling under Article 46(1)1 of the Wastes Control Act shall not be subject to a report on waste disposal. In other words, the Plaintiff’s assertion that recycling subject to the report meets the standards and attached Table 4-2(3] and attached Table 5-2(s.

C) Whether the instant disposition is lawful

The evidence submitted by the Plaintiff, including evidence Nos. 7 and 8, alone, is insufficient to acknowledge that the Plaintiff submitted a document that can verify that the Plaintiff satisfies the standards, methods, and matters to be observed at the time of submission of the new letter of appeal in the instant case, as a document that can verify that the Plaintiff was obligated to report waste treatment, and there is no other evidence to acknowledge this otherwise. Rather, in full view of the aforementioned evidence and the overall purport of the statement and arguments, the Defendant is unable to confirm whether the documents attached to the instant report alone meet the standards, methods, and matters to be observed, or it is difficult to confirm whether the documents attached to the instant report meet the recycling standards, methods, and matters to be observed, or to specify specific matters that are suspected of the credibility of the contents thereof, and thus, the instant disposition was lawful.

(1) The Plaintiff attached the instant report to ① the draft of the consignment treatment contract (the type, quantity, disposal cost, the period of the map, the date of conclusion of the contract, etc. of the contract) on the general wastes of the workplace, which was drafted with D Co., Ltd. (hereinafter referred to as D) (the type, quantity, disposal cost, the period of the contract, the date of conclusion of the contract, etc. of the contract), ② the waste inspection report and the hazards information data and hazardous materials testing report, ③ the hazardous materials testing report, ③ the consent of B, C, and neighboring land owners for the banking of waste recycling, ④ the implementation plan for the matters to be observed with priority.

(2) On September 11, 2018, public officials belonging to Ulsan Metropolitan City, Ulsan-gun visited D to conduct on-site investigations. As a result, ① there is a substantial difference between 17,00 tons of embling-out quantity reported by the Plaintiff to secure and fill-up from D’s place of business from among wastes generated from D’s place of business, which is less than 500 tons between a year, and ② the above non-metallic metal refining process process material occurs with severe cancer at the time of contact with water, and ③ the Plaintiff’s waste inspection report was a test report on the “raw materials” not “waste” attached to the instant report, and ④ there was no fact that the Plaintiff and D had concluded a fixed waste disposal contract with the Plaintiff.

(3) On September 11, 2018, the Defendant concluded a contract with the Plaintiff for the consignment recycling of wastes; (2) detailed amount of 's dust' among the wastes subject to recycling of the instant report; (3) detailed details of waste for 9,800 tons out of the wastes subject to recycling of the instant report; (4) “waste on the waste inspection report” (in fact, it is confirmed that it is 'raw materials of D process, not ‘waste discharged’); (5) the business period of the instant waste treatment report (from September 15, 2018 to August 15, 2018, it should be 17: (3) the period of the instant construction permit to be used to supplement the difference between the owner of the instant land and the owner of the instant land to prevent the excavation of the relevant waste; and (4) the period of the instant land from being used to prevent the contamination of the relevant waste; and (5) the period of the instant construction permit from being used to eliminate the difference between the owner of the instant land and the owner of the instant land.

The plaintiff, upon receipt of the certificate of report on waste disposal, entered into an entrustment contract with a waste discharging company for waste disposal, and the plaintiff excluded 's 's 's 's 's 's 's 's 's ' from the documents submitted', 's 's 's 's 's 's 's 's '' from the documents submitted', 's 's 's 's 's 's 's 's 's 's '' 's '' '' 's '' 's collection process can be confirmed by each item, 's 's 's '' 's 's 's 's 's '' 's 's 's 's '' 's 's 's ' 's ' 's ' ' 's ' 's '

(4) On October 8, 2018, the Defendant again requested the Plaintiff to submit to the Plaintiff the first supplementary order, (3) through (5), (1) the consent form of the land owner, such as the owner of the construction project or the landowner who directly uses the wastes as the filled-up, etc., and (2) the plan for the prevention of environmental pollution (a malodor, etc.) when using D’s recycled wastes as the filled-up materials, and required the Plaintiff to submit relevant materials on the supplementary matters (hereinafter referred to as “the second supplementary request”).

In this regard, the plaintiff received a certificate of report on waste disposal without submitting separate explanatory materials, and entered into a contract with the second emission company with the name of the second emission company, the receipt and inspection result (use toxicity, gold quality), etc., along with a written contract and a plan for securing the quantity, submitted a modified report to the ear Office. After issuing a certificate of report on change, the plaintiff selected and carried out only the stable one.

(5) Of the Defendant’s primary demand for supplementation, the Plaintiff appears to have been able to verify the type, quantity, harmful characteristics, and melting characteristics and stability of waste to be recycled by the Plaintiff pursuant to Article 7-2 and [Attachment Table 4-2] of the Enforcement Decree of the Wastes Control Act. The Plaintiff submitted the instant report, including a plan for disposal of 17,00 tons of non-ferrous metal refining process from D to be entrusted with a disposal of 17,00 tons of waste, but the result of the on-site survey conducted by public officials belonging to the Ulsan Metropolitan City, Ulsan Metropolitan City, Ulsan Metropolitan City, that it was difficult to believe the authenticity of such plan. Accordingly, it was confirmed that the Plaintiff satisfied the standards for recycling of waste at all as to whether the Plaintiff would have used any alternative waste.

(6) The Defendant demanded supplementation twice to verify the substance of the Plaintiff’s waste to be recycled. However, notwithstanding the Defendant’s first and second demands for supplementation, the Plaintiff did not submit all materials to enable the Plaintiff to predict the substance of the Plaintiff’s waste to be recycled. The Plaintiff asserted that the Plaintiff could not enter into a specific entrustment contract with the waste discharger on the waste disposal before issuing the certificate of report on waste disposal, and that it could not be provided with hazards information. However, it is merely a practical or business task to be resolved prior to the report by the business operator who intends to report on waste disposal. The business operator who intends to report on waste disposal shall secure and recycle any waste by the administrative agency at the time of the report, at least by securing and recycling the content of the waste in compliance with the standards for recycling, and such materials should be provided to the extent that it can be confirmed that the Plaintiff has hazardous characteristics, melting characteristics, and stability in the waste disposal.

(7) The Defendant’s primary demand for supplementation (5), (7), and (8) and (2) primarily demand for supplementation is to verify the fulfillment of Article 14-3 of the Enforcement Rule of the Waste Management Act and the attached Table 5-4 [Attachment 5-4] and the standards and methods for preventing and reducing contamination due to wastes used as fill-up as set forth in the attached Table 5-4], and the recycling standards and methods. The Plaintiff is required to furnish a outline of data that can resolve the stability of the excavation and filling-up of the instant land, concerns over the pollution of underground water, etc. In the event that the instant land is excavated and recycled as fill-up materials, the Plaintiff may, instead, be resolved by submitting data on the harmful characteristics, melting characteristics, and stability of the relevant wastes, and the submission of all relevant data, regardless of the Defendant’s repeated demand.

(8) Furthermore, according to the instant report in this case, the Plaintiff is a business operator that engages in the original waste treatment business, and the period of the instant building permit is about one year, and the Plaintiff’s period of project for the Plaintiff’s civil engineering works (embanking), which is the project that created the site, is considerably large to 26,80 tons, and the instant land is planned to be filled through excavation works even though it is located at the lower part of the farmland at the Han River, there are considerable considerable circumstances to suspect that the Plaintiff is not trying to evade the licensing system by maliciously using the reporting system. Accordingly, it appears that the Defendant had an intention to check closely and closely whether the Plaintiff intended to report waste treatment is “the business subject to waste treatment”, and even though the Plaintiff requested two times to supplement it, the Plaintiff did not supplement any material actually.

(9) The Plaintiff asserts that once the Defendant accepted the instant report, the content of the report can be supplemented through the instant report and that it can be sufficiently controlled ex post facto. However, separate from the possibility of subsequent supplementation or control, the Plaintiff must be equipped with materials to verify that the Plaintiff’s business intended to report waste treatment at the waste disposal reporting stage falls under “waste disposal report”. If the focus on the waste disposal reporting system is entrusted only to the subsequent supplementation or control, the propriety of the waste disposal under the reporting system may be very dangerous.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Gangwon-do;

Judges Lee Jae-py

Judge Lee Jong-soo

Note tin

1) Paragraph 5 seems to be a clerical error in the context of Paragraph 5.

Site of separate sheet

[Attachment]

Relevant statutes

▣ 폐기물관리법

Article 2-2 (Detailed Classification of Wastes) Detailed Classification of the types of wastes and the types of recycling shall be prescribed by Ordinance of the Ministry of Environment in consideration of source of generation, components, hazards, etc. of wastes.

(1) Any person who intends to dispose of wastes shall comply with the standards and methods prescribed by Presidential Decree: Provided, That with respect to wastes that are made readily recyclable in accordance with the principles of recycling wastes and matters to be observed pursuant to Article 13-2 (hereinafter referred to as "interim processed wastes"), the standards and methods of complete disposal may be separately prescribed by Presidential Decree.

Article 13-2 (Principles of Recycling Wastes and Matters to be Observed) (1) Anyone may recycle wastes unless he/she violates any of the following subparagraphs:

1. Living environments due to fugitive dust, malodor emission, volatile organic compound, air pollutants, etc.;

must not extend to harm.

2. Contaminating soil, aquatic ecosystems, or underground water by discharging harmful substances, such as mercury water (debris), heavy metals, etc.;

not to be required

3. The wastes shall not cause harm to people by generating noise or vibration;

4. The process of removing and stabilizing harmful substances, such as heavy metals, and using recycled products or raw materials.

5. He/she shall observe the matters prescribed by Presidential Decree, such as preventing harm to people or the environment;

(2) Notwithstanding paragraph (1), any of the following wastes shall be prohibited from recycling or restricted to subparagraph 1:

1. Waste asbestos;

2. Wastes containing polychlorinated (PCBs) in at least the concentration prescribed by Ordinance of the Ministry of Environment;

3. Medical wastes (excluding solar wastes);

4. Wastes prescribed by Presidential Decree, among wastes highly likely to cause harm to human bodies and the environment, such as toxic substances.

(3) The types and methods of preventing and reducing pollution, standards for and methods of treating wastes, and other matters to be observed in order to observe the principles under the subparagraphs of paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.

Article 25 (Waste Disposal Business) (1) A person who intends to engage in the business of collecting, transporting, recycling, or disposing of wastes (hereinafter referred to as "waste disposal business") (excluding a person who intends to recycle domestic wastes, excluding food wastes, and a person who reports a waste body) shall submit a waste disposal business plan to the Minister of Environment, and submit it to the Mayor/Do Governor, to the Mayor/Do Governor, in cases of a light for other wastes, as prescribed by Ordinance of the Ministry of Environment. The same shall apply to any modification to important matters prescribed by Ordinance of the Ministry of Environment.

Article 46 (Reporting on Waste Disposal) (1) Any of the following persons shall be equipped with facilities and equipment meeting the standards prescribed by Ordinance of the Ministry of Environment and shall report to the Mayor/Do Governor:

1. Recycling of wastes, such as animals and plant residuess, by using them as composts on their own farmland;

Persons prescribed by Ordinance of the Ministry of Environment.

(3) The Mayor/Do Governor shall notify the reporter of whether to accept the report or report of modification within 20 days from the date on which he/she receives the report or report of modification under paragraph (1) or (2).

(4) If the Governor fails to notify the reporter of whether to accept a report or a report on change or an extension of the treatment period under the statutes related to the treatment of civil petitions within the period prescribed in paragraph (3), it shall be deemed that the new report or report on change is accepted on the day following the expiration of such period.

(5) A person who has filed a report on waste disposal under paragraph (1) 1 or 2 may collect and transport wastes subject to recycling on his/her own without obtaining permission for waste collection and transportation business under Article 25 (3) or filing a report under paragraph (1) 2.

(6) A person who has filed a report on waste treatment shall comply with matters prescribed by Ordinance of the Ministry of Environment, such as treatment of wastes.

▣ 폐기물관리법 시행령

Article 7-2 (Matters to be Observed by Recycling of Wastes) Matters to be observed under Article 13-2 (1) 4 of the Act shall be as specified in attached Table 4-2.

[Attachment 4-2]

Matters to be observed in Recycling Wastes (related to Article 7-2)

1. Wastes (the kinds of wastes specified and publicly notified by the Minister of Environment or the Minister of Environment);

A person who intends to recycle a waste discharged from a type of business publicly notified as follows:

Using physical and chemical methods, biological methods, etc. to remove or stabilize and compromise the harmful characteristics of the object;

of any of the following wastes: Provided, That two different kinds of wastes to be recycled are of the harmful characteristics of each of the following:

Where a case falls under harmful characteristics in terms of harmful characteristics, all removal, stability and reconciliation shall be removed in consideration of respective harmful characteristics.

section 22.

(a) Explosive;

(d) Acceptance of sex (non-performance of rights).

(e) Oxiation;

(f) Permissible toxicity;

(g) Infectiousity;

(h) Additional food;

(i) Ecological toxicity;

2. Recycling of wastes by utilizing harmful characteristics of wastes under each item of subparagraph 1, notwithstanding subparagraph 1;

In cases of harmful characteristics, all or part of the relevant harmful characteristics may be removed or stable.

3. The nature of, and standards for, harmful characteristics of wastes under each item of subparagraph 1 shall be determined and publicly announced by the Minister of Environment;

of this section.

▣ 폐기물관리법 시행규칙

Article 4-2 (Types of Wastes and Types of Recycling) (1) Detailed classification of wastes by type under Article 2-2 of the Act shall be as specified in attached Table 4.

(2) Detailed classification of wastes by type of recycling under Article 2-2 of the Act shall be as specified in attached Table 4-2.

(3) Types of wastes that can be recycled by type are as specified in attached Table 4-3.

(1) "Standards for recycling wastes prescribed by Ordinance of the Ministry of Environment" in Article 13-2 (1) 5 of the Act means the standards for recycling wastes specified in attached Table 5-3.

(5) Matters to be observed by recyclers of wastes under Article 13-2 (3) of the Act shall be as specified in attached Table 5-4.

Article 66 (Reporting on Waste Disposal) (1) Standards for facilities and equipment to be held by a person who intends to report waste disposal pursuant to Article 46 (1) of the Act shall be as specified in attached Table 17.

(2) "Person prescribed by Ordinance of the Ministry of Environment" in Article 46 (1) 1 of the Act means a person who recycles any third person's wastes, as specified in attached Table 16.

Article 67 (Reporting on Waste Disposal) (1) A person who intends to report waste disposal pursuant to Article 46 (1) of the Act shall submit to the Mayor/Do Governor having jurisdiction over the relevant place of business, along with the documents classified as follows, no later than 15 days prior to the commencement of waste disposal:

2. In cases of a report on recycling of wastes: Attached Form 56-2, the following documents shall be attached to the report:

(a) A document verifying that he/she is subject to reporting on waste treatment;

(b) A plan for collecting and transporting wastes (limited to cases where wastes are collected and transported on their own);

(d) Statement of the installation of recycling facilities;

(e) Statement of installation of storage facilities or storage containers (including documents verifying the capacity and the basis for calculation thereof);

(f) A disposal plan of wastes generated in the course of recycling;

(g) A written consent of the holder of a right to the relevant land, such as the person placing an order for construction works directly using wastes as filled-up materials or auxiliary materials for such materials or landowners (limited to recycling by means of media contact recycling through a type of recycling or an environmental assessment of recycling under subparagraph 4 of attached Table 4-2);

(2) Upon receipt of a report under paragraph (1), the Mayor/Do Governor shall issue a certificate of report in attached Form 57 or 57-2 to the reporter, if appropriate.

[Attachment 16]

Persons eligible to recycle wastes after filing a report on waste disposal (related to Article 66 (2))

1. Filling of ground according to the types of recycling under subparagraph 4 (a) through (c) and (f) of attached Table 4-2;

A person who uses studios, studios, road studios, and soil, etc. of landfill facilities;

2. Recycling of wastes according to the types of recycling under subparagraph 4 (a) through (c) and (f) of attached Table 4-2;

intermediate processed wastes made for construction and civil engineering works, embling materials, road machinery materials, and reclamation;

A person who uses facilities for soil covering the facility;

[Attachment 4-2]

Detailed classification by type of waste recycling (related to Article 4-2 (2))

4. Types of recycling in soil, public waters, etc., such as filled-up and stoves, road-to-land materials, road-to-land materials, and veging materials;

R - 7)

(a) R - 7 - 1: Filling materials, auxiliary aids, soil-to-soil, and road-to-floor materials of man and permitted civil engineering and construction works;

type of use;

[Attachment 5-3]

Standards for Recycling of Wastes (related to Article 14-3 (1))

2. Detailed standards for each type of recycling;

(d) Types of recycling in soil, public waters, etc., such as filled-up and moto-soil, road-to-road materials, earth-to-land materials, and veging materials;

1) R - Seven types of recycling standards

(A) R - 7 - Tangible recycling standards

(1) recycle wastes that are not controlled wastes to an authorized or permitted construction or civil construction work, and recycle them to the public; and

When using a zone, tobacco, etc., it shall be limited to cases where the Mayor/Do Governor separately deems it;

(2) In the case of recycling coal ash, coal ash, coal ash, earth ash, and earth ash;

must comply with the standards.

(a) Fluorants of soil and sand which are recycled for general soil and sand or construction waste materials (hereinafter referred to as "mixs").

quasi-use by mixing at least 50 percent, and construction waste materials shall be used as construction waste.

Standards for quality of recycled aggregate under Article 35 of the Act on the Promotion of Recycling shall be met.

section 22.

(B) (A) Notwithstanding the provisions of subparagraph (a), a mixture of earth and sand made by recycling general soil and sand or construction waste materials into coal materials.

When combined use is made, the design and construction guidelines of the relevant construction and civil works or the standard road works drawings;

If the product fails to meet the quality standards, the mixture ratio or the mixture ratio;

may be used after adjustment.

(3) Inorganic sewage dredging (limited to those with a content of organic substance not more than 7 percent of solid waste)

(iii) manufacture and processing facilities of soil, soil, internal cargo, cement, concrete, and stone;

Water-purification facilities for waterworks, non-metallic mineral crushing facilities (including excavation) or earth and sand washing facilities;

Inorganicis and Construction Errors (limited to those generated from three wheeled facilities of any construction work)

applicable) Recycling can be conducted only by drying water less than 70 percent of water content.

(4) In the case of waste stones, recycling is made only from the process of stone processing or from the process of genttory;

of the corporation.

(5) Article 25(1) of the Act on the Promotion of Saving and Recycling of Resources

shall comply with and use the guidelines under this subsection.

(6) If aggregate falling under any of the items of Article 14-5(3)(3) is used, such as banking

(other) 2 years after the completion of reclamation of filled materials, etc., once a quarter;

Measurement of the quality, etc. of groundwater or sea water in an area adjacent to the water quality of at least the water produced from such area ( coal materials);

In cases of mixing general soil and sand, etc. with at least 50 percent, from July 21, 2018

applicable) By the end of February of the following year, a waste disposal agency or waste disposal agency;

report to the acceptance agency of the report: Provided, That recycling shall be made pursuant to Article 13-3 (1) of the Act;

Any case of recycling after undergoing an environmental assessment shall be excluded.

[Attachment 5-4]

Matters to be observed by persons recycling wastes (related to Article 14-3 (5))

1. Kind and degree of methods of prevention and reduction of pollution resulting from the recycling of wastes;

(a) Methods for the prevention and reduction of pollution;

1) Contamination generated in the course of recycling wastes shall be treated or prevented by:

He/she shall establish and operate the Gu so as not to cause harm to people or the environment: Provided, That from (A) to (3)

D) The method applicable only to cases where discharge facilities are installed with respect to the pollution.

(d) Malodor: To formulate and process a malodor prevention plan pursuant to attached Table 4 of the Enforcement Rule of the Malodor Prevention Act.

(e) Waters: Treatment by means of physical, chemical or biological treatment, and wastes;

In cases of recycling by making contact with soil, etc., the water produced through testing and analysis;

by ascertaining whether pollutants are included in the report and by means of highization, isolation, stabilization, etc.

must do so.

(f) Soil contaminants: Water in the event that wastes are contacted with soil, etc. and recycled by banking, etc.;

The treatment of soil contamination substances shall be conducted by means of cooking, chemical or biological treatment.

(g) need to prevent and reduce pollution arising from the recycling of wastes by the Minister of Environment.

be dealt with in such a manner as it considers.

2) The Mayor/Do Governor, the head of the Si/Gun/Gu, or the head of the local environmental agency under Article 7 of the Water Supply and Waterworks Installation Act.

Environmental standards under Article 12 of the Framework Act on Environmental Policy, which have deteriorated the water quality of the water source protection area; or

the Soil Environment Conservation Act (hereinafter referred to as the "Land Environment Conservation Act") shall be difficult to comply with the standards for concerns of soil contamination under Article 4-2

The recycling of wastes has a significant impact on human health or the surrounding environment;

If recognized, a person who recycles wastes shall be required to prevent and reduce contamination under paragraph (1).

other necessary measures to prevent and reduce pollution.

4) Malodor: Within permissible emission levels under attached Table 3 of the Enforcement Rules of the Malodor Prevention Act.

5) Wastewaters: Within the permissible emission levels for industrial effluents under subparagraph 2 (b) (ii) of attached Table 11;

6) Soil contaminants: Standards for risk of soil contamination by region under attached Table 3 of the Enforcement Rule of the Soil Environment Conservation Act;

Within the extent of

[Attachment 17]

Storage facilities and recycling facilities to be equipped by a person who has filed a report on waste treatment (related to Article 66 (1))

2. Standards for persons who recycle wastes;

(a) Storage facilities: Storage facilities capable of storing wastes for not less than one day but not more than 30 days, of daily disposal capacity;

Bag or storage facilities: Provided, That the Si/Do Governor shall not store the entrusted wastes with the approval of the Do Governor.

(1) In the case of the immediate transport by recycling facilities, the storage or storage facilities may not be provided.

(c)

(b) Recycling facilities: The facilities must be installed in compliance with the types of wastes intended to be recycled, recycling methods, etc.;

c) at least one of the facilities for screening, compression, cutting, stuffing, feeding, and composting;

for collection and transportation)

Jinay

1. A person who recycles food wastes need not be equipped with storage facilities;

2. Matters deemed unnecessary by the Mayor/Do Governor, in consideration of the principles of recycling and matters to be observed.

(2) In such cases, no recycling facility may be installed.

3. Vehicles that collect and transport wastes shall meet the standards set out in attached Table 5. The end shall be the vehicles.

참조조문

-수도법 제7조

-악취방지법 시행규칙

-자원의 절약과 재활용촉진에 관한 법률 제25조 제1항

-폐기물관리법 제13조의2 제1항 제4호

-폐기물관리법 시행규칙 제14조의3 제5항

-폐기물관리법 시행규칙 제66조 제1항

-폐기물관리법 시행규칙 제66조 제2항

-폐기물관리법 시행규칙 제67조 제1항

-폐기물관리법 시행규칙 제67조 제1항 제2호 가목

-폐기물관리법 시행령

-폐기물관리법 시행령 제7조의2

-환경정책기본법 제12조

유사 판례

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-전주지방법원 군산지원 2018.3.14. 선고 2017고정312 판결

-대법원 2022. 12. 29. 선고 2021도7898 판결

-청주지방법원 2016.4.28.선고 2015구합1071 판결

-의정부지방법원 2021.04.29 2021고정409