Act on the Prevention of Contagious Animal Diseases Enforcement Rule (Full text as revised on Jul 28, 2011)

Act on the Prevention of Contagious Animal Diseases Enforcement Rule (Full text as revised on Jul 28, 2011)

Act No. 8010, Sep. 27, 2006
Amended by Act No. 8354, Apr. 11, 2007
Act No. 8466, May 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 8957, Mar. 21, 2008
Act No. 9433, Feb. 6, 2009
Act No. 10035, Feb. 4, 2010
Act No. 10973, Jul. 28, 2011

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Act is to contribute to the development of the livestock industry in harmony with the environment, the improvement of citizens’ health, and the environmental conservation by converting livestock excreta into resources or disposing of them properly, keeping the natural environment and habitats clean, and minimizing water pollution.

Article 2 (Definitions)

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

1. The term “livestock” means cattle, swine, horses, chickens, and other domesticated animals prescribed by Presidential Decree;

2. The term “livestock excreta” refers to excrement and urine excreted by livestock or a mixture of water used in the course of raising livestock containing excrement and urine of livestock;

3. The term “waste-generating facilities” means facilities and places that produce livestock excreta in the course of raising livestock, such as livestock pens, playgrounds, and other places prescribed by Ordinance of the Ministry of Environment;

4. The term “facilities for converting into resources” means facilities for converting livestock excreta discharged from waste-generating facilities into manure, liquid manure, or bio-energy under subparagraph 1 (b) of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (hereinafter referred to as “converting wastes into resources”);

5. The term “manure” means a substance made by fermenting livestock excreta which contains ingredients of fertilizer and meets standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;

6. The term “liquid manure” means a substance made by fermenting livestock excreta into liquid which meets standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries;

7. The term “sanitation facilities” means facilities for disposing of livestock excreta as prescribed by Ordinance of the Ministry of Environment (hereinafter referred to as “sanitation”), such as sedimentation, decomposition, etc.;

8. The term “disposal facilities” means facilities for converting livestock excreta into resources or sanitation facilities for disposal of livestock excreta (hereinafter referred to as “disposal”);

9. The term “public disposal facilities” means disposal facilities installed by the head of a local government;

10. The term “producers’ organization” means a nonprofit legal entity consisting of livestock raisers and the National Agricultural Cooperative Federation under subparagraph 4 of Article 2 of the Agricultural Cooperatives Act and its member cooperatives.

Article 3 (Responsibilities of State, Local Governments, and Livestock Raisers)

(1) The head of each Si, Gun, or Gu (referring an autonomous Gu; the same shall apply hereinafter) shall figure out the current status of livestock excreta generated in his/her jurisdiction, install public disposal facilities, and endeavor to prevent water pollution by livestock excreta and to convert livestock excreta into resources, as provided for in this Act.

(2) The Special Metropolitan City Mayor and each Metropolitan City Mayor and Do Governor (hereinafter referred to as “Mayor/Do Governor”) shall provide the head of each Si/Gun/Gu with technical and financial support so that the head of each Si/Gun/Gu can perform his/her duties under paragraph (1) in good faith.

(3) The State shall research and develop technology for the disposal of livestock excreta, support research and development of such technology, and provide each Mayor/Do Governor and the head of each Si/Gun/Gu with necessary technical and financial support so that each of them can perform his/her duties under paragraph (1) or (2) in good faith.

(4) Each livestock raiser shall endeavor to conserve the habitats and prevent water pollution by developing an environment for environment-friendly raising of livestock and disposing of livestock appropriately.

Article 4 (Greater Regional Disposal of Livestock Excreta)

If it is considered necessary to dispose of livestock excreta generated in two or more regions within the jurisdiction of the Special Metropolitan City or a Metropolitan City or Do (hereinafter referred to as “City/Do”), or two or more Sis/Guns/Gus (Gu means an autonomous Gu; the same shall apply hereinafter), local governments having the jurisdiction over the regions may jointly install and operate public disposal facilities.

Article 5 (Basic Plans, etc. for Management of Livestock Excreta)

(1) Each Mayor/Do Governor shall formulate a basic plan for the management of livestock excreta in his/her jurisdiction (hereinafter referred to as “basic plan”) every ten years and obtain approval of the Minister of Environment thereof. The same shall apply to proposed amendments of the basic plan.

(2) When the Minister of Environment intends to approval the basic plan formulated or amended pursuant to paragraph (1), he/she shall consult with the Minister for Food, Agriculture, Forestry and Fisheries and heads of appropriate central administrative agencies.

(3) The head of Si/Gun/Gu shall formulate a detailed plan for the management of livestock excreta within his/her jurisdiction on the basis of the basic plan and submit it to the competent Mayor/Do Governor.

(4) Matters that shall be included in the basic plan and the plan under paragraph (3) and other necessary matters shall be prescribed by Presidential Decree.

Article 6 Deleted.

CHAPTER II PREPARATORY MANAGEMENT OF LIVESTOCK

Article 7 (Subsidization of Costs, etc. of Relocation of Livestock Pens)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may investigate the quantity of fertilizers required for each kind of crop, contents of fertilizers on farmland, the quantity of fertilizers supplied, and other matters, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, in order to induce each local government to keep the number of raised livestock to an adequate scale, taking into account the current status of fertility on farmland within each local government.

(2) If livestock farmers in an area in which contents of fertilizers in farmland and the quantity of fertilizers supplied exceed the quantity of fertilizers required based on the findings of an investigation under paragraph (1), the Minister for Food, Agriculture, Forestry and Fisheries may subsidize costs of relocation or demolition of livestock pens, or relocate or demolish such livestock pens, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

Article 8 (Restrictions, etc. on Raising of Livestock)

(1) The head of each Si/Gun/Gu may designate a specific area to place restrictions on raising livestock within the area, as prescribed by ordinance of the local government, if it is necessary to place such restrictions on raising livestock in any of the following areas in order to conserve residents’ habitats or preserve the quality of potable water sources:

1. A high-density residential area, the habitats of which needs protection;

2. A water-source protection area under Article 7 of the Water Supply and Waterworks Installation Act, an area subject to special measures under Article 22 of the Framework Act on Environmental Policy, or any similar area, the water environment of which needs conservation;

3. An area that exceeds environmental standards under Article 10 of the Framework Act on Environmental Policy.

(2) The head of each Si/Gun/Gu may order a person who raises livestock within an area designated as a zone in which livestock raising is restricted pursuant to paragraph (1) (hereinafter referred to as “restricted zone”) to relocate livestock pens, remove hazards, and take other necessary measures.

(3) When the head of each Si/Gun/Gu issues an order to relocate livestock pens pursuant to paragraph (2), he/she shall grant a grace period of not less than one year, and shall provide financial support, arrange a site, and pay reasonable compensation for relocation thereto in accordance with guidelines and procedures prescribed by Presidential Decree.

Article 9 (Designation of Environment-Friendly Livestock Farms)

(1) The Minister for Food, Agriculture, Forestry and Fisheries may designate a livestock farm that maintains livestock pens in an environment-friendly manner and contributes to appropriate management and use of livestock excreta as an environment-friendly livestock farm (hereinafter referred to as “environment-friendly livestock farm”).

(2) The Minister for Food, Agriculture, Forestry and Fisheries may attach the following conditions when he/she intends to designate a farm as an environment-friendly livestock farm:

1. The density of livestock raised shall be maintained at a level not higher than the standards for the registration of a livestock business under Article 26 of the Livestock Industry Act and the habitats shall be improved;

2. Livestock excreta shall be converted into resources and shall be fully returned to farmland;

3. Trees for landscaping shall be planted and environment-friendly livestock pens shall be created;

4. Facilities for reducing offensive odors shall be installed and operated to prevent the neighboring habitats from being disturbed;

5. Other standards prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries shall be complied with.

(3) The Minister for Food, Agriculture, Forestry and Fisheries or the Minister of Environment may render the following assistance to livestock farms designated as environment-friendly livestock farms:

1. Financial support necessary for the management of livestock pens and livestock excreta;

2. Exemption of reporting and inspections under Article 41;

3. Other matters prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(4) If a person whose farm is designated as an environment-friendly livestock farm falls under any of the following, the Minister for Food, Agriculture, Forestry and Fisheries may cancel such designation: Provided, That the designation shall be cancelled in cases under subparagraph 1:

1. If the person obtains the designated by fraudulent or other illegal means;

2. If the person fails to fulfill any condition attached pursuant to paragraph (2);

3. If the farm no longer meets standards for the designation under paragraph (6);

4. If the person becomes subject to an administrative disposition, punishment, or a fine for negligence for a violation of this Act or the Livestock Industry Act and the farm is found inappropriate as an environment-friendly livestock farm.

(5) The Minister for Food, Agriculture, Forestry and Fisheries, the Minister of Environment, the head of each Si/Gun/Gu, and each producers’ organization shall utilize success cases in the operation of an environment-friendly livestock farm actively for education or public relations.

(6) Necessary matters concerning standards for the designation of environment-friendly livestock farms, the procedure for application, and other relevant matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

CHAPTER III DISPOSAL OF LIVESTOCK EXCRETA

Article 10 (Duty to Treat Livestock Excreta)

A person who raises livestock or a person who collects, transports, or disposes of livestock excreta shall prevent livestock excreta not treated appropriately from flowing into public waters under subparagraph 9 of Article 2 of the Water Quality and Ecosystem Conservation Act (hereinafter referred to as “public waters”).

Article 11 (Permit, etc. for Installation of Waste-Generating Facilities)

(1) A person who intends to install a waste-generating facility of a size equivalent to or larger than that prescribed by Presidential Decree, shall prepare an installation plan of the waste-generating facility, as prescribed by Presidential Decree, and obtain a permit from the head of the competent Si/Gun/Gu.

(2) A person who holds a permit under paragraph (1) intends to alter any significant matter prescribed by Ordinance of the Ministry of Environment, he/she shall obtain a permit for alteration, while he/she shall, when he/she intends to alter any matter other than significant matters, report on such a proposed alteration.

(3) A person who intends to install a waste-generating facility of a size equivalent to or larger than that prescribed by Presidential Decree shall report thereon with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment, if the waste-generating facility is not subject to a permit under paragraph (1). The foregoing shall also apply to a proposed alteration to any reported matter.

Article 12 (Duty, etc. to Install Disposal Facilities)

(1) A person who holds a permit for installation or alteration, or a person who completes reporting on alteration under Article 11 (1) or (2) or a person who completes reporting or reporting on alteration under paragraph (3) of the aforesaid Article (hereinafter referred to as “facility operator”) shall install or alter disposal facilities, but may install or alter such disposal facilities jointly with another person: Provided, That a person who fully entrusts someone with the disposal of livestock excreta, as prescribed by Presidential Decree, does not owe a duty to install or alter disposal facilities obligatorily.

(2) A facility operator who installs a facility for converting into liquid manure shall secure grassland, farmland, an area designated as an experimental forest under Article 47 of the Creation and Management of Forest Resources Act (hereinafter referred to as “experimental forest”), or golf courses among sports facilities under Article 3 of the Installation and Utilization of Sports Facilities Act (hereinafter referred to as “golf course”) necessary for spraying the liquid manure in accordance with standards prescribed by Ordinance of the Ministry of Environment, subject to prior consultation with the Minister for Food, Agriculture, Forestry and Fisheries.

(3) A facility operator who intends to install sanitation facilities shall install facilities which can separate livestock excreta into excrement and urine for separate storage, as prescribed by Ordinance of the Ministry of Environment: Provided, That the foregoing shall not apply where standards for the quality of discharge water under Article 13 (hereinafter referred to as “standards for the quality of discharge water”) can be observed without separation and storage of livestock excreta or cases where requirements prescribed otherwise by Presidential Decree are met.

(4) If a person obligated to install facilities for separating livestock into excrement and urine for separate storage in compliance with paragraph (3) has not installed such facilities, the head of each Si/Gun/Gu may order him/her to install the facilities within a given period, as prescribed by Presidential Decree.

(5) The State and each local government may provide necessary technical and financial support or the installation and alteration of disposal facilities under paragraph (1).

(6) Standards for the installation of disposal facilities and other necessary matters concerning the installation of such facilities shall be prescribed by Ordinance of the Ministry of Environment.

Article 13 (Standards for Quality of Discharge Water)

(1) Standards for the quality of discharge water from sanitation facilities shall be prescribed by Ordinance of the Ministry of Environment.

(2) As to an area subject to special measures under Article 22 of the Framework Act on Environmental Policy or an area prescribed by Presidential Decree as necessary for conserving quality of potable water sources or the conservation of the habitats, the Minister of Environment may apply may apply more stringent standards than those for quality of discharge water under paragraph (1), as prescribed by Ordinance of the Ministry of Environment.

(3) When each Mayor/Do Governor deems it difficult to maintain environmental standards under Article 10 (3) of the Framework Act on Environmental Policy, he/she may apply more stringent standards than those for quality of discharge water under paragraph (1), as prescribed by Municipal Ordinance of the local government.

Article 14 (Succession, etc. to Status of Facility Operator)

If a facility operator transfers waste-generating and disposal facilities to a third person, dies, or a facility operator which is a corporation is merged with another corporation, the transferee, heir, or the corporation surviving or incorporated after the merger shall succeed to the status of the preceding facility operator.

Article 15 (Completion Inspections, etc. of Waste-Generating Facilities)

(1) When a facility operator has completed the installation or alteration of a waste-generating or disposal facility, he/she shall file an application for completion inspection with the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment to undergo a completion inspection (hereinafter referred to as “completion inspection”).

(2) When a facility operator files an application for completion inspection of a disposal facility, he/she shall operate the facility to treat livestock excreta to the level not higher than standards for the quality of discharge water within the period prescribed by Ordinance of the Ministry of Environment. In such cases, Article 17 (4) and Article 53 (1) and (2) 2 shall not be applicable during the aforesaid period.

(3) Upon receiving an application for completion inspection, the head of each Si/Gun/Gu shall inspect whether facilities subject to the inspection have been installed in conformity with the following and shall decide and notify whether the facilities successfully pass the completion inspection within ten days from the filing date of the application:

1. Details of the permit or report for installation or alteration under Article 11;

2. Standards for installation under Article 12 (6).

Article 16 (Designing and Building Disposal Facilities)

Any person who intends to install or change disposal facilities shall have a person who has registered the design and construction business pursuant to Article 34 (1), a person who has registered the pollution control business under Article 15 of the Development of and Support for Environmental Technology Act (limited to the field of water quality), or a person who has registered the design and construction business for private sewage treatment facilities under Article 51 of the Sewerage Act design or construct such facilities: Provided, That this shall not apply where he/she intends to install or change disposal facilities (limited to facilities for converting into resources) based on the standard drawing determined by the Minister of Environment in consultation with the Minister for Food, Agriculture, Forestry and Fisheries.

[This Article Wholly Amended by Act No. 10973, Jul. 28, 2011]

Article 17 (Management, etc. of Waste-Generating and Disposal Facilities)

(1) A facility operator, a person who has reported recycling in accordance with Article 27, a person who has obtained permission for a livestock excreta disposal business under Article 28 (2) 2 (hereinafter referred to as “disposal entity”), or a person who has obtained permission for a livestock excreta facility management business under subparagraph 3 of the aforesaid paragraph (hereinafter referred to as “facility management entity”) shall not perform any of the following acts in disposing of livestock excreta discharged from waste-generating facilities:

1. Discharging livestock excreta from waste-generating facilities without discharging through a disposal facility or installing a facility through which livestock excreta from waste-generating facilities can be discharged without discharging it through a disposal facility;

2. Discharging livestock excreta flowing halfway into a disposal facility without converting it into resources or without discharging it through the final discharge outlet or installing a facility for discharging livestock excreta halfway: Provided, That cases where the head of the competent Si/Gun/Gu recognizes that discharging livestock excreta halfway is necessary for producing liquid manure in the process of a disposal facility shall be excluded herefrom;

3. Mixing water with livestock excreta flowing into a sanitation facility in an attempt to sanitizing or discharging livestock excreta after mixing it with water: Provided, That cases where the head of the competent each Si/Gun/Gu recognizes that it is possible to sanitize livestock excreta only by mixing water in the process of sanitation of livestock excreta shall be excluded herefrom, subject to consultation with the Korea Environment Corporation or an appropriate specialized institution;

4. Using manure or liquid manure only partially fermented, or transferring such manure or liquid manure to a third person, in cases where livestock excreta are treated by a facility for converting into resources: Provided, That cases where unfermented manure or liquid manure is transferred to a person who intends to use it after further fermenting it shall be excluded herefrom;

5. Spraying liquid manure produced in manure-liquefying facilities over any place other than grassland, farmland, experimental forest or golf courses that the facility operator, disposal entity, or facility management entity secures, or violating spraying standards prescribed by Ordinance of the Ministry of Environment;

6. Dumping manure or liquid manure without using it as fertilizer;

7. Discharging livestock excreta without operating sanitation facilities properly without justifiable grounds, in violation of standards for the quality of discharge water.

(2) When a facility operator, a disposal entity, or a facility management entity discharges livestock excreta in excess of standards for the quality of discharge water due to an unavoidable cause prescribed by Presidential Decree, he/she or it report it in advance to the head of the competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Environment.

(3) A facility operator, a disposal entity, or a facility management entity shall operate disposal facilities in compliance with standards prescribed for the management by Ordinance of the Ministry of Environment.

(4) The head of each Si/Gun/Gu may, if he/she finds that a waste-generating facility or a disposal facility has been operated in breach of paragraph (1) or (3), or order the facility operator, disposal entity, or facility management entity to make improvements to the facility within a given period, as prescribed by Presidential Decree.

(5) If manure or liquid manure is abandoned and thus is likely to pollute the habitats or public waters, the head of each Si/Gun/Gu may order the operator or manager of manure or liquid manure to take measures necessary for prevention of pollution, such as changing the method of storage of manure or liquid manure or collecting manure or liquid manure.

Article 18 (Cancellation, etc. of Permit)

(1) If a facility operator falls under any of the following subparagraphs, the head of each Si/Gun/Gu may cancel the permit for installation or alteration of the waste-generating facility at issue: Provided, That the permit for installation shall be cancelled if a facility operator falls under any of subparagraphs 1 through 3:

1. If the facility operator obtains the permit for installation or alteration by fraudulent or other illegal means;

2. If the facility operator fails to engage in raising livestock for three years or more without justifiable grounds;

3. If the facility operator demolished the waste-generating facility at issue in order to discontinue raising livestock;

4. If the facility operator committed an act under Article 17 (1) 1 or 2.

(2) Necessary matters concerning detailed criteria for administrative dispositions under paragraph (1) and other relevant matters shall be prescribed by Ordinance of the Ministry of Environment.

CHAPTER IV FACILITATION OF USE OF LIVESTOCK EXCRETA

Article 19 (Establishment, etc. of Plans for Facilitation of Use of Manure and liquid manure)

(1) The head of each Si/Gun/Gu shall establish a plan for the facilitation of use of manure and liquid manure once every two years for building up connections between producers of manure and liquid manure and farmers, as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries, in order to facilitate the use of generated manure and liquid manure.

(2) The Minister for Food, Agriculture, Forestry and Fisheries or each Mayor/Do Governor may provide necessary technical and financial support for implementing a plan for the facilitation of use of manure and liquid manure under paragraph (1).

(3) Every producers’ organization shall actively participate in a plan for the facilitation of use of manure and liquid manure under paragraph (1).

Article 20 (Quality Control of Manure and liquid manure)

(1) The head of each Si/Gun/Gu or a producer’s organization may analyze the ingredients of manure and liquid manure used within the jurisdiction and give public notice of results of the analysis.

(2) A person who produces, or intends to use manure or liquid manure may collect samples and request a producers’ organization to conduct an analysis of ingredients.

Article 21 (Administrative Instruction, etc. for Appropriate Spraying of Manure and liquid manure, etc.)

(1) A facility operator or a farmer may request the head of the competent Si/Gun/Gu to provide instruction for the adequate quantity of fertilizers for each kind of crop, spraying method, etc., as prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries. In such cases, the head of each Si/Gun/Gu shall cooperate actively through guidance agencies under his/her control.

(2) The head of each Si/Gun/Gu may provide facility operators or farmers with educational programs for regarding the adequate quantity of fertilizers for each kind of crop, spraying method, the timing of spraying, etc. in order to facilitate conversion of livestock excreta into resources and expand the use of livestock excreta in his/her jurisdiction.

(3) The head of each Si/Gun/Gu may designate and implement a period necessary for intensively spraying liquid within his/her jurisdiction as a special period for spraying liquid manure in order to induce local residents’ cooperation in spraying liquid manure.

Article 22 (Promotion of Distribution of Manure and liquid manure)

(1) The head of each Si/Gun/Gu may organize and operate a coordinative council for the distribution of manure and liquefied, comprised of livestock raisers, farmers, and producers’ organizations, in order to promote the use and distribution of manure and liquid manure produced within his/her jurisdiction. Necessary matters concerning the organization and operation of the coordinative council for the distribution of manure and liquid manure and other relevant matters shall be prescribed by Ordinance of the Ministry for Food, Agriculture, Forestry and Fisheries.

(2) The head of each Si/Gun/Gu may provide financial and technical support to the coordinative council for the distribution of manure and liquid manure to promote the active operation of the coordinative council for the distribution of manure and liquid manure pursuant to paragraph (1).

Article 23 (Integrated Management of Livestock Excreta)

(1) The head of each Si/Gun/Gu may integrate systems for the management of livestock excreta, including the collection and conversion of livestock excreta into resources and the distribution and management of manure and liquid manure, by linking public disposal facilities and sales networks in order to appropriately manage livestock excreta generated within his/her jurisdiction.

(2) The State or each local government may provide necessary technical and financial support for the integrated management under paragraph (1) within budgetary limits.

CHAPTER V PUBLIC DISPOSAL OF LIVESTOCK EXCRETA

Article 24 (Installation, etc. of Public Disposal Facilities)

(1) The head of a local government may install public disposal facilities if necessary for disposing of livestock excreta produced at livestock farms.

(2) The head of a local government shall install and operate public disposal facilities in conformity to the installation standards prescribed by Ordinance of the Ministry of Environment.

(3) When the head of a local government intends to install public disposal facilities in accordance with paragraph (1), he/she shall obtain approval from the competent Mayor/Do Governor (referring to the Minister of Environment where the Mayor/Do Governor installs public disposal facilities; hereafter the same shall apply in this Article) as prescribed by Ordinance of the Ministry of Environment. This shall also apply where he/she intends to alter important matters prescribed by Ordinance of the Ministry of Environment among approved matters.

(4) Where the head of a local government conducts final disposal of livestock excreta that has gone through intermediate treatment at public disposal facilities by flowing in such excreta into public sewerage treatment plants under subparagraph 9 of Article 2 of the Sewerage Act (hereinafter referred to as “public sewerage treatment plants”) or excreta treatment facilities under subparagraph 10 of Article 2 of the same Act, and where he/she has determined or publicly announced the project plan for public sewerage installation or publicly announced the change thereof or obtained authorization or authorization for change pursuant to Article 11 of the Sewerage Act, it shall be deemed that he/she has obtained approval or approval for change under paragraph (3).

(5) Where the head of a local government intends to flow in and dispose of livestock excreta that has undergone intermediate treatment at public disposal facilities into public sewerage treatment plant, he/she shall do so in conformity to the standards for inflow into public sewerage treatment plants prescribed by Ordinance of the Ministry of Environment.

(6) Where the head of a local government intends to commence the use of public disposal facilities, he/she shall publicly announce the scope of waste-generating facilities and areas subject to disposal. This shall also apply where he/she intends to change such matters.

(7) When the head of a local government has made a public announcement under paragraph (6), he/she may issue the following orders to a person who installs and operates waste-generating facilities subject to disposal at relevant public disposal facilities, as prescribed by Ordinance of the Ministry of Environment:

1. To install facilities that can store livestock excreta;

2. To install facilities that can separate livestock excreta into excrement and urine for discharge.

(8) Deleted.

(9) When the head of a local government disposes livestock excreta at pubic disposal facilities, he/she shall preferentially bring in livestock excreta produced at small-scale waste-generating facilities.

Article 25 (Operation, etc. of Public Disposal Facilities)

(1) No head of a local government or facility management entity that vicariously performs the management of a public disposal facility (hereinafter referred to as “public disposal facility operator”) shall perform any of the following acts:

1. Discharging livestock excreta flowing into a public disposal facility without converting such livestock excreta into resources or without discharging it through the final discharge outlet or installing a facility through which livestock excreta can be discharged halfway: Provided, That this shall not apply where approval for intermediate discharge is obtained in advance when approval for installation or change of public disposal facilities from the Mayor/Do Governor is obtained in accordance with Article 24 (3) in order to produce liquid manure in the disposal process at disposal facilities;

2. Disposing of livestock excreta by mixing it with water or discharging livestock excreta after mixing it with water: Provided, That cases where the competent Mayor/Do Governor recognizes that it is possible to treat pollutants only by mixing with water in the process of disposal of livestock excreta shall be excluded herefrom.

(2) A public disposal facility operator shall measure the quality of water discharged from the public disposal facility or test the composition of manure and liquid manure and keep records thereof, as prescribed by Ordinance of the Ministry of Environment.

(3) If any of the following events occurs in connection with the installation and operation of a public disposal facility, the relevant Mayor/Do Governor may order the public disposal facility operator to improve the facility or take other necessary measures within a given period, as prescribed by Presidential Decree:

1. If it is discovered as a result of measuring the quality of discharge water that the public disposal facility operator violates standards for the quality of discharge water;

2. If the public disposal facility operator breaches the duty to forbear from committing an act prohibited under paragraph (1);

3. If the public disposal facility operator neglects the measurement of the quality of discharge water under paragraph (2) or neglects the test of composition of manure and liquid manure;

4. If the public disposal facility operator violates standards for installation under Article 24 (2).

(4) If the public disposal facility has sufficient capacity for disposal, a public disposal facility operator may take livestock excreta generated in its jurisdiction into the public disposal facility for disposal.

(5) The head of each local government shall conduct a technical examination on each public disposal facility once every five years pursuant to Article 13 (1) of the Development of and Support for Environmental Technology Act in order to check the state of management of the public disposal facility.

(6) If the head of each local government deems it necessary, as a result of a technical examination under paragraph (5), he/she shall order to improve the management of the public disposal facility, establish and implement an improvement plan, as prescribed by Ordinance of the Ministry of Environment.

Article 26 (Defrayment, etc. of Costs of Disposing Livestock Excreta)

(1) The head of each Si/Gun/Gu shall collect, transport, or dispose of livestock excreta generated within his/her jurisdiction. In such cases, the head of each Si/Gun/Gu may retain a person who holds a permit to engage in business of collecting and transporting livestock excreta under Article 28 (2) 1 (hereinafter referred to as “collector/transporter”) to collect and transport it vicariously or require each livestock raiser to collect and transport livestock excreta on his/her own, as prescribed by Municipal Ordinance of the local government.

(2) Standards for the collection, transportation, or disposition of livestock excreta shall be prescribed by Ordinance of the Ministry of Environment.

(3) No collector/transporter shall collect or transport livestock excreta generated from a discharge facility of a person who violates an order to take measures under Article 24 (7).

(4) The head of each Si/Gun/Gu or a collector/transporter who vicariously collects and transports livestock excreta pursuant to paragraph (1) may recover the costs incurred in the operation of a public disposal facility from a person who discharges livestock excreta that shall be disposed of in the public disposal facility in the course of the collection, transportation, or disposal of livestock excreta, as prescribed by Municipal Ordinance of the local government. In such cases, such costs may be recovered at a differential rate according to the size of each waste-generating facility, whether livestock excreta are separated for storage, and other factors.

(5) Costs the head of each Si/Gun/Gu recovers pursuant to paragraph (4) shall not be used for any purpose other than the operation of public disposal facilities.

CHAPTER VI LIVESTOCK EXCRETA-RELATED BUSINESS

Article 27 (Recycling of Livestock Excreta)

(1) A person who intends to treat livestock excreta in a quantity of not less than that prescribed by Ordinance of the Ministry of Environment for the purpose of recycling in order to induce appropriate disposal of livestock excreta shall file a report thereon with the head of the competent Si/Gun/Gu: Provided, That the foregoing shall not apply where a person who holds a permit for installation or who reports installation in accordance with Article 11 (1) or (3).

(2) If a person who files a report in accordance with the body of paragraph (1) intends to change a significant matter prescribed by Ordinance of the Ministry of Environment, he/she shall report the change with the head of the competent Si/Gun/Gu.

(3) A person who files a report in accordance with paragraph (1) shall install and operate a recycling facility in compliance with standards prescribed for installation and operation by Ordinance of the Ministry of Environment.

(4) When the head of each Si/Gun/Gu finds that a recycling facility has been installed or operated, in violation of standards under paragraph (3), he/she shall order the builder or operator of the recycling facility to make improvements to the facility within a given period, as prescribed by Presidential Decree.

Article 28 (Livestock Excreta-Related Business)

(1) A person who intends to run a business of vicariously performing the collection, transportation, or disposal of livestock excreta or the management of a disposal facility (hereinafter referred to as “livestock excreta-related business”) shall have facilities, equipment, and technical capability in conformity with standards prescribed by Presidential Decree and obtain a permit for each type of business from the head of the competent Si/Gun/Gu, while such a person who intends to change any permitted matter shall obtain permission on such change or report such change in accordance with guidelines prescribed by Presidential Decree.

(2) Businesses related to livestock excreta shall be classified as follows according to the type and scope of business:

1. Collection and transportation of livestock excreta: Business of collecting and transporting livestock excreta;

2. Disposal of livestock excreta: Business of final disposing of livestock excreta in a safe manner with disposal facilities;

3. Management of facilities for livestock excreta: Business of vicariously performing the management of disposal facilities.

(3) The head of each Si/Gun/Gu may, if necessary for efficiently collecting, transporting, or disposing of livestock excreta generated within his/her jurisdiction, designate business territories or attach necessary conditions when he/she grants a permit or a revised permit under paragraph (1), as prescribed by Presidential Decree.

(4) A person who holds a permit for livestock excreta-related business under paragraph (1) (hereinafter referred to as “business entity related to livestock excreta”) shall not allow any other person to use his/her trade name or personal name to run a livestock excreta-related business or lend his/her permit to any third person.

(5) Necessary matters concerning the methods and procedures for permits, revised permits, and reporting on changes under paragraph (1) shall be prescribed by the Ministry of Environment.

Article 29 (Succession to Status subject to Permit or Reporting)

(1) If a business entity related to livestock excreta transfers his/her business to a third person, dies, or is merged with another corporation, the transferee, heir, or the corporation surviving or incorporated after the merger shall succeed to the status of the preceding business entity: Provided, That the foregoing shall not apply where the transferee or the corporation surviving or incorporated after the merger falls under any provision of subparagraphs 1 through 4 of Article 31.

(2) If an heir who succeeds to the status of a business entity related to livestock excreta pursuant to paragraph (1) falls under any provision of subparagraphs 1 through 4 of Article 31 or if a corporation that succeeds to such status falls under subparagraph 5 of Article 31, the heir shall transfer the business to a third person, or the corporation shall replace the executive at issue, within six months from the beginning of the inheritance proceedings or the date of merger.

Article 30 (Obligations of Business Entities Related to Livestock Excreta)

(1) No business entity related to livestock excreta (including its workers; the same shall apply hereafter in this Article) shall receive any charge or fee in violation of guidelines prescribed by Municipal Ordinance of the competent local government.

(2) Every business entity shall fulfill conditions attached to the permit under Article 28 (3) and comply with rules prescribed by Ordinance of the Ministry of Environment.

Article 31 (Grounds for Disqualification)

No person who falls under any of the following subparagraphs may be qualified for a permit for livestock excreta-related business under Article 28:

1. A person declared incompetent or quasi-incompetent;

2. A person declared bankrupt and not reinstated yet;

3. A person in whose case two years have not yet passed since imprisonment with prison labor or any heavier punishment sentenced to him/her for a violation of this Act, the Water Quality and Ecosystem Conservation Act, or the Wastes Control Act was completely executed (or is deemed completely executed) or discharged;

4. A person in whose case two years have not yet passed since his/her permit was cancelled pursuant to Article 32;

5. A corporation, one of whose executives falls under any provision of subparagraphs 1 through 4.

Article 32 (Cancellation, etc. of Permit)

(1) If a business entity related to livestock excreta falls under any of the following subparagraphs, the head of each Si/Gun/Gu may cancel the permit or order the business entity to suspend the business completely or partially: Provided, That the permit shall be cancelled in cases under subparagraph 1, 3, or 13:

1. If the business entity obtains a permit or revised permit by fraudulent or other illegal means or commits fraud in reporting changes;

2. If the business entity fails to commence the business within one year since it obtained a permit or shuts down the business continuously for one year or more without justifiable grounds;

3. If the business entity continues the business during a period of business suspension;

4. If the business entity commits an act under any subparagraph of Article 17 (1), in violation of the aforesaid paragraph;

5. If the business entity violated standards for the management of disposal facilities under Article 17 (3);

6. If the business entity violates standards under Article 26 (2) in collecting or transporting livestock excreta;

7. If the business entity engages in any type of business other than the business permitted pursuant to Article 28 (1);

8. If the business entity continues its business without obtaining a revised permit or reporting changes pursuant to Article 28 (1);

9. If the business entity fails to continue satisfying standards for a permit under Article 28 (1);

10. If the business entity allows another person to run a livestock excreta-related business, using its trade name or personal name, or lends its permit to another person;

11. If the business entity receives a charge or fee, in violation of guidelines under Article 30 (1);

12. If the business entity fails to fulfill obligations as a business entity related to livestock excreta under Article 30 (2);

13. If the business entity falls under any provision of subparagraphs 1 through 3 and 5 of Article 31: Provided, That the foregoing shall not apply where the business entity had an executive falling under subparagraph 5 of Article 31 but replaces the executive within six months;

14. If the business entity fails to provide an opportunity to undergo education without justifiable grounds, in violation of Article 38 (1);

15. If the business entity fails to keep or preserve records, or made any false entry thereof, in violation of Article 39;

16. If the business entity refuses to submit a report or data under Article 41 (1) or (2), submits a false report or data, or refuses, interferes with, or evades access and an inspection.

(2) Detailed guidelines for administrative dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

Article 33 (Penalty Surcharges)

(1) If a business entity related to livestock excreta shall be subjected to the disposition of business suspension because it falls under any provision of subparagraphs 4 through 12 and 14 through 16 of Article 32, but if business suspension is likely to cause severe inconvenience to users of the business or pollution to the habitats or water, the head of each Si/Gun/Gu may impose and collect a penalty surcharge not exceeding 20 million won in lieu of the disposition of business suspension.

(2) The amount of a penalty surcharge that may be imposed, based on the type and degree of a violation pursuant to paragraph (1) and other necessary matter shall be prescribed by Presidential Decree.

(3) If a person upon whom a penalty surcharge was imposed pursuant to paragraph (1) fails to pay it within the deadline for payment, the head of each Si/Gun/Gu shall collect it in accordance with practices for the disposition of delinquent local taxes.

(4) Penalty surcharges collected pursuant to paragraph (1) shall not be used for any purpose other than environmental conservation projects.

Article 34 (Registration, etc. of Business of Designing and Construction of Disposal Facilities)

(1) A person who intends to run a business of designing and construction of disposal facilities (hereinafter referred to as “design and construction business”) shall have facilities, equipment, and technical capability under standards prescribed by Presidential Decree and register the business with the competent head of Si/Gun/Gu: Provided, That the foregoing shall not apply to a person who has registered a construction business for the type of business prescribed by Presidential Decree pursuant to Article 9 (1) of the Framework Act on the Construction Industry.

(2) A person who intends to change any matter registered in accordance with the body of paragraph (1) shall register changes or report such changes in accordance with guidelines prescribed by Ordinance of the Ministry of Environment.

(3) Necessary matters concerning the methods and procedures for the registration, revised registration, or reporting on changes under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Environment.

(4) A person who has registered a design and construction business in accordance with paragraph (1) (hereinafter referred to as “designer/contractor”) shall not allow another person to engage in a design and construction business in his/her trade name or personal name or lend his/her registration certificate to a third person.

(5) As to the succession to the status of a designer/contractor and grounds for disqualification, Articles 29 and 31 shall apply mutatis mutandis respectively.

(6) The scope of subcontracts for awarded construction works, obligations of a designer/contractor, and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

(7) Notwithstanding Articles 8 (1) and 9 (1) of the aforesaid Act, a designer/contractor may carry out the designing and construction works, if his/her activities of designing and construction constitute construction works under subparagraph 4 of Article 2 of the Framework Act on the Construction Industry.

Article 35 (Cancellation, etc. of Registration)

(1) If a designer/contractor falls under any of the following subparagraphs, the head of each Si/Gun/Gu may cancel the registration or order him/her to suspend the business completely or partially for a specified period not exceeding six months: Provided, That the registration shall be cancelled in cases under subparagraph 1, 2, or 8:

1. If he/she registers his/her business by fraudulent or other illegal means;

2. If he/she executes a new contract and continued his/her business during a period of business suspension;

3. If he/she poorly performs in designing and construction of a disposal facility or has not fulfilled obligations under Article 34 (6);

4. If he/she fails to continue satisfying standards for the registration under the body of Article 34 (1);

5. If he/she fails to commence the business within one year since he/she completed the registration or shuts down the business continuously for one year or more without justifiable grounds;

6. If he/she continues his/her bushiness without filing for the registration of a change or reporting changes under Article 34 (2) or commits fraud in filing for the registration of a change or reporting changes;

7. If he/she allows another person to run in his/her trade name or personal name or lends his/her permit to a third person;

8. If he/she falls under any provision of subparagraphs 1 through 3 and 5 which shall apply mutatis mutandis pursuant to Article 34 (5): Provided, That the foregoing shall not apply where a corporation had an executive falling under subparagraph 5 of Article 31 but replaces the executive with other person within six months;

9. If he/she fails to provide a person in charge of livestock excreta with an opportunity to undergo education without justifiable grounds in violation of Article 38 (1);

10. If he/she refuses to submit a report or data under Article 41 (1) or (2), submits a false report or data, or refuses, interferes with, or evades access and an inspection.

(2) Detailed guidelines for administrative dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Environment.

Article 36 (Ongoing Projects of Designer/Contractor)

(1) A designer/contractor subject to cancellation of registration or suspension of business pursuant to Article 35 may continue design and construction works only for the projects contracted before such disposition is made.

(2) The head of the competent Si/Gun/Gu may designate a qualifying person, as prescribed by Ordinance of the Ministry of Environment, as a project supervisor to authorize him/her to manage and supervise projects a designer/contractor continue performing pursuant to paragraph (1).

(3) Where a designer/contractor continues design and construction works pursuant to paragraph (1) after he/she is subject to the disposition of cancellation of registration, he/she shall be deemed a designer/contractor until he/she completes design and construction of the ongoing projects.

Article 37 (Technical Manager)

(1) A person who installs and operates a disposal facility of a size equivalent to or larger than that prescribed by Presidential Decree shall employ a technical manager who takes charge of technical affairs: Provided, That the foregoing shall not apply to any of the following cases:

1. Where the person entrust a facility management entity with the management of the disposal facility;

2. Where an environmental engineer under Article 47 of the Water Quality and Ecosystem Conservation Act is appointed to the place of business.

(2) Necessary matters concerning qualification criteria for and obligations of technical managers and other necessary matters under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.

CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 38 (Education of Workers in Charge of Livestock Excreta)

(1) A person who falls under any of the following subparagraphs shall provide opportunities to undergo education provided by the Minister of Environment to his/her employees who are in charge of technical works (hereinafter referred to as “workers in charge of livestock excreta”), as prescribed by Ordinance of the Ministry of Environment:

1. A public disposal facility operator under Article 25;

2. A business entity related to livestock excreta under Article 28;

3. A designer/contractor under Article 34.

(2) The Minister of Environment may collect expenses incurred in providing education pursuant to paragraph (1) from persons who employ workers in charge of livestock excreta, as prescribed by Ordinance of the Ministry of Environment.

(3) The detailed scope of workers in charge of livestock excreta shall be prescribed by Ordinance of the Ministry of Environment.

Article 39 (Keeping and Preservation of Records)

Every person who reports recycling, facility operator, disposal entity, facility management entity, or public disposal facility operator shall keep account books and shall enter and preserve records of the following matters therein, as prescribed by Ordinance of the Ministry of Environment. In such cases, the preservation period shall be three years from the date of making a record:

1. Quantities of livestock excreta discharged and disposed of;

2. Places from which livestock excreta have been collected, the quantity of livestock excreta collected, and the status of disposal;

3. The status of operation of disposal facilities.

Article 40 (Reporting, etc. on Temporary Shutdown, Permanent Closedown)

When a business entity related to livestock excreta or a designer/contractor temporarily shuts down, permanently close down, or resume its business, it or he/she shall obtain a permit therefor or report thereon, as prescribed by Ordinance of the Ministry of Environment.

Article 41 (Reporting and Inspection)

(1) The Minister of Environment, the Minister for Food, Agriculture, Forestry and Fisheries (limited to cases under subparagraph (1); the same shall apply hereafter in this Article), each Mayor/Do Governor, or the head of each Si/Gun/Gu may require a person falling under any of the following subparagraphs to submit a necessary report or data:

1. A facility operator under Article 11;

2. A public disposal facility operator under Article 25;

3. A builder or operator of a recycling facility under Article 27;

4. A business entity related to livestock excreta under Article 28;

5. A designer/contractor under Article 34.

(2) In order to ascertain the actual status of disposal of livestock excreta, the Minister of Environment, the Minister for Food, Agriculture, Forestry and Fisheries, each Mayor/Do Governor, or the head of each Si/Gun/Gu may assign competent public officials to enter a facility or place of business of a person falling under any subparagraph of paragraph (1) to inspect relevant documents, facilities, or equipment or to examine the degree of pollution in order to verify whether standards for the quality of discharge water have been complied with.

(3) A public official who has an access and conduct an inspection pursuant to paragraph (2) shall carry with him/her an identification card indicating his/her authority and produce it to interested persons.

Article 42 (Subsidization from National Treasury)

(1) The State may grant full or partial subsidies for costs incurred in installing public disposal facilities to local governments within budgetary limits.

(2) The State may grant full or partial subsidies, within budget, for costs incurred by livestock raisers and farmers in expanding the conversion of livestock excreta into resources and laying down a foundation for the environment-friendly livestock industry.

Article 43 (Evaluation of Disposal Facilities and Disposal Technology)

(1) In order to provide livestock raisers with necessary information regarding the disposal of livestock excreta, the Minister for Food, Agriculture, Forestry and Fisheries may evaluate disposal facilities and related technology and provide them to livestock raisers.

(2) The Minister for Food, Agriculture, Forestry and Fisheries shall establish and implement detailed guidelines for the method of, and the procedure for, evaluations under paragraph (1).

(3) The head of each Si/Gun/Gu or a producers’ organization shall give full cooperation and assistance with appropriate human resources and equipment in conducting evaluations pursuant to paragraph (1).

Article 44 (Reporting on Results of Management and Disposal of Livestock Excreta)

(1) Each Mayor/Do Governor or the head of each Si/Gun/Gu shall report the results of the management and disposal of livestock excreta generated within his/her jurisdiction each year to the Minister of Environment not later than the end of February of the next year, as prescribed by Presidential Decree. The Minister of Environment shall, in receipt of such a report, notify it to the Minister for Food, Agriculture, Forestry and Fisheries.

(2) The Minister of Environment or the Minister for Food, Agriculture, Forestry and Fisheries may instruct each Mayor/Do Governor or the head of each Si/Gun/Gu to report the results of instruction and control activities conducted in relation with livestock excreta within the extent necessary for the enforcement of this Act.

Article 45 (Fees)

A person who intends to obtain a permit or a revised permit, file for registration or revised registration, or file a report under any of the following subparagraphs shall pay fees, as prescribed by Ordinance of the Ministry of Environment:

1. A permit or revised permit under Article 11 (1) or (2);

2. A report on a waste-generating facility under Article 11 (3);

3. A report on recycling under Article 27 (1);

4. A permit or amended permit for a livestock excreta-related business under Article 28 (1);

5. The registration or revised registration of a design and construction business under Article 34 (1).

Article 46 (Hearings)

The Minister of Environment, each Mayor/Do Governor, or the head of each Si/Gun/Gu shall hold a hearing, when he/she intends to make any of the following dispositions within the extent of his/her authority:

1. Cancellation of a permit for the installation or alteration of a waste-generating facility under Article 18;

2. Cancellation of a permit for a livestock excreta-related business under Article 32;

3. Cancellation of the registration of a design and construction business under Article 35.

Article 47 (Delegation of Authority or Entrustment of Business Affairs)

(1) Part of the authority of, or part of the business affairs under the control of the Minister of Environment or the Minister for Food, Agriculture, Forestry and Fisheries under this Act may be delegated to the head of each regional environmental office, each Mayor/Do Governor, the head of each Si/Gun/Gu, or the Administrator of the Rural Development Administration or entrusted to the head of each producers’ organization, as prescribed by Presidential Decree.

(2) The Minister of Environment may entrust the education of workers in charge of livestock excreta under Article 38 to an appropriate specialized institution prescribed by Presidential Decree.

CHAPTER VIII PENAL PROVISIONS

Article 48 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than five years, or by a fine not exceeding 30 million won:

1. A person who discharges livestock excreta to public waters, in violation of Article 10 without obtaining a permit under Article 11 (1);

2. A person interferes with disposal of livestock excreta by destroying a public disposal facility installed pursuant to Article 24 or impeding functions of such a facility;

3. A person who commits an act under any subparagraph of Article 25 (1);

4. A person who discharges livestock excreta to public waters, in violation of Article 10 without obtaining a permit for a livestock excreta-related business under Article 28 (1).

Article 49 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than two years, or by a fine not exceeding 20 million won:

1. A person who installs a waste-generating facility or raises livestock by using such waste-generating facility without obtaining permission for installation or alteration under Article 11 (1) or (2) or by obtaining permission for installation or alteration by fraudulent or other illegal means;

2. A person who discharges livestock excreta to public waters, in violation of Article 10, or commits an act under any subparagraph of Article 17 (1), with a permit for installation or alteration under Article 11 (1) or (2);

3. A person who holds a permit for installation or alteration under Article 11 (1) or (2) but has uses a waste-generating facility without installing or altering disposal facilities in violation of Article 12;

4. A person discharges livestock excreta to public waters, in violation of Article 10 without reporting installation or alteration in violation of Article 11 (2) or (3);

5. A person who discharges livestock excreta to public waters, in violation of Article 10 without undergoing a completion inspection under Article 15 or who committed an act under any subparagraph of Article 17 (1);

6. A person who has engaged in a livestock excreta-related business without a permit for the livestock excreta-related business under Article 28 (1) or with a permit obtained by fraudulent or other illegal means;

7. A person who discharges livestock excreta to public waters, in violation of Article 10 while holding a permit or a revised permit for a livestock excreta-related business under Article 28 (1) or a person who commits an act under any subparagraph of Article 17 (1) while holding a permit or a revised permit for a livestock excreta-related business under Article 28 (1) (excluding collectors/transporters);

8. A person who engages in a design and construction business without registration under Article 34 or with registration obtained by fraudulent or other illegal means.

Article 50 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for not more than one year, or by a fine not exceeding ten million won:

1. A person who fails to comply with an order to relocate livestock pens or to take other measures pursuant to Article 8 (2);

2. A person who discharges livestock excreta to public waters, in violation of Article 10 by negligence in the course of business without a permit under Article 11 (1) or with such permit obtained by fraudulent or other illegal means;

3. A person who installs a waste-generating facility or raises livestock by using such waste-generating facility without filing a report in violation of Article 11 (3) or after filing a report by false or other illegal means;

4. A person who discharges livestock excreta to public waters, in violation of Article 10 or commits an act under any subparagraph of Article 17 (1) after reporting installation or alteration under Article 11 (2) or (3);

5. A person who discharges livestock excreta to public waters, in violation of Article 10 in the course of business with a permit for installation or alteration under Article 11 (1) or (2), without undergoing a completion inspection, in violation of Article 15, or with a permit or revised permit for a livestock excreta-related business under Article 28 (1) or a person who commits an act under any subparagraph of Article 17 (1) by negligence in the course of business with a permit or revised permit for a livestock excreta-related business under Article 28 (1) (excluding collectors/transporters);

6. A person who fails to comply with an order of improvement under Article 17 (4), among persons who hold a permit for installation or alteration under Article 11 (1) or (2), disposal entities, and facility management entities;

7. A person who uses a waste-generating facility without installing disposal facilities under Article 12, among those who reports installation or alteration under Article 11 (2) or (3);

8. A person who discharges livestock excreta to public waters, in violation of Article 10 by negligence in the course of business without reporting installation or alteration under Article 11 (2) or (3) or after filing a false report on installation or alteration;

9. A person who fails to comply with an order to take measures under Article 17 (5);

10. A person who fails to comply with an order to improve facilities or to take other measures in violation of Article 25 (3);

11. A person who engages in recycling without reporting, in violation of Article 27 (1) or after filing a false report;

12. A person who discharges livestock excreta to public waters in violation of Article 10 or commits an act under any subparagraph of Article 17 (1) after reporting installation or alteration under Article 27 (1) or (2);

13. A person who fails to comply with an order of improvement in violation of Article 27 (4);

14. A person who engages in a livestock excreta-related business without a revised permit for the livestock excreta-related business in violation of Article 28 (1) or with a permit obtained by fraud;

15. A person who allows a third person to engage in a livestock excreta-related business in his/her trade name or personal name, in violation of Article 28 (4) or lends his/her permit to a third person;

16. A business entity related to livestock excreta or a designer/contractor who continues the business during a business suspension period under Article 32 or 35;

17. A person who runs a design and construction business without revising registration, in violation of Article 34 (2) or with revised registered by fraud;

18. A person who allows a third person to engage in a design and construction business in his/her trade name or personal name, in violation of Article 34 (3) or lends his/her permit to a third person.

Article 51 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by a fine not exceeding three million won:

1. A person who discharges livestock excreta to public waters, in violation of Article 10 or commits an act under any subparagraph of Article 17 (1), among those who reports installation or alteration under Article 11 (2) or (3) or persons who reports installation or alteration under Article 27 (1) or (2);

2. A person who fails to comply with an order of improvement under Article 17 (4), among those who reports installation or alteration under Article 11 (3);

3. A person who uses a waste-generating or disposal facility without undergoing a completion inspection under Article 15;

4. A person who discharges livestock excreta to public waters, in violation of Article 10, among facility operators, disposal entities, or facility management entities under Article 17 or persons who installs and operates disposal facilities not subject to reporting on recycling under Article 27 (1);

5. A person who collects, transports, or disposes of livestock excreta, in violation of standards for the collection, transportation, or disposal under Article 26 (2);

6. A person who installs and operates a recycling facility, in violation of standards for the installation and operation under Article 27 (3);

7. A person who fails to fulfill obligations as a business entity related to livestock excreta, in violation of Article 30 (2);

8. A person who fails to employ a technical manager, in violation of Article 37 (1);

9. A person who refuses, interferes with, evades access and an inspection by a competent public official under Article 41 (2).

Article 52 (Joint Penal Provisions)

If the representative of a corporation or an agent, employee, or other servant of the corporation or a individual commits an offense under Articles 49 through 51 in connection with the business of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions.

Article 53 (Fines for Negligence)

(1) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding ten million won:

1. A person who installs a disposal facility with a permit for installation or alteration under Article 11 (1) or (2) but discharges livestock excreta, in violation of standards for the quality of discharge water;

2. A person who discharges livestock excreta, in violation of standards for the quality of discharge water, while holding a permit for a livestock excreta disposal business under Article 28 (2) 2.

(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:

1. A person who installs or alters and uses a waste-generating facility within a zone in which raising livestock is restricted pursuant to Article 8 (1);

2. A person who installs a disposal facility after reporting installation or alteration under Article 11 (2) or (3) but discharges livestock excreta, in violation of standards for the quality of discharge water;

3. A person who aides and abets a violation of Article 16 in design or construction of a disposal facility.

(3) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding one million won:

1. A person who installs a waste-generating facility without reporting alteration under Article 11 (2) or (3) and after reporting alteration by fraudulent or other illegal means;

2. A person who fails to comply with an order of installation under Article 12 (4);

3. A person who fails to meet standards for the installation of disposal facilities under Article 12 (6) in installing and operating a disposal facility;

4. A facility operator, a disposal entity, or a facility management entity that fails to meet standards for the management under Article 17 (3);

5. A person who fails to comply with an order to take measures under Article 24 (7);

6. A person who violates Article 26 (3) in collecting and transporting livestock excreta;

7. A person who engages in recycling without reporting on alteration under Article 27 (2) or after filing a false report on alteration;

8. A person who fails to report alteration under Article 28 (1) or 34 (2) or files a false report on alteration;

9. A person who runs a business of collection and transportation of livestock excreta outside of his/her business territory under Article 28 (3) or breached any other necessary condition;

10. A person who receives a fee or charge, in violation of Article 30 (1);

11. A person who breaches an obligation as a designer/contractor under Article 34 (6);

12. A person who breaches an obligation under Article 37 (2);

13. A person who fails to provide an worker in charge of livestock excreta with an opportunity to undergo education without justifiable grounds in violation of Article 38 (1);

14. A person who fails to keep and preserve records in account books in violation of Article 39 or who made a false entry therein;

15. A person who fails to obtain a permit for temporary shutdown, permanent closedown, or resumption of business, in violation of Article 40 or who fails to file a report thereon;

16. A person who fails to submit a report or data under Article 41 (1) or who submits a false report or data.

(4) Fines for negligence under paragraphs (1) through (3) shall be imposed and collected by the Minister of Environment, each Mayor/Do Governor, or the head of each Si/Gun/Gu, as prescribed by Presidential Decree.

(5) A person who is dissatisfied with the disposition of a fine for negligence under paragraph (4) may raise an objection to the Minister of Environment, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu within 30 days from the date he/she is notified of the disposition.

(6) The Minister of Environment, each Mayor/Do Governor, or the head of each Si/Gun/Gu shall, upon receiving an objection under paragraph (5) from a person subject to the disposition of a fine for negligence under paragraph (4), notify the competent court of the objection without delay, and the court shall, upon receiving such notice, put the case to a trial for the fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.

(7) If neither an objection is filed nor the fine for negligence paid within the period prescribed in paragraph (5), such fine for negligence shall be collected in accordance with practices for disposition of delinquent national or local taxes.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year after the date of its promulgation.

Article 2 (General Transitional Measures)

Disposition, proceedings, and other action taken pursuant to any provision of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater before this Act enters into force shall be deemed to have been taken pursuant to the corresponding provision of this Act.

Article 3 (Transitional Measures concerning Basic Plans for Disposal of Livestock Wastewater)

A basic plan for disposal of livestock wastewater, approved pursuant to Article 4-2 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater as at the time this Act enters into force, shall be deemed a basic plan for disposal of livestock excreta approved pursuant to Article 5.

Article 4 (Transitional Measures concerning Facilities for Discharging Livestock Wastewater)

(1) A facility for discharging livestock wastewater permitted or reported pursuant to Article 24-2 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater as at the time this Act enters into force shall be deemed a waste-generating facility permitted or reported pursuant to Article 11.

(2) A facility for discharging livestock wastewater which has been, or is being installed pursuant to Article 25 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater as at the time this Act enters into force shall be deemed a waste-generating facility which has been or is being installed pursuant to Article 12. Facilities for converting into manure under subparagraph 8-2 of Article 2 of the aforesaid Act and facilities for converting into liquid manure under subparagraph 8-3 of Article 2 of the aforesaid Act, among facilities for disposal of livestock wastewater, shall be deemed facilities for converting into resources under subparagraph 4 of Article 2.

(3) Public facilities for disposal of livestock wastewater which have been, or are being installed pursuant to Article 30 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater as at the time this Act enters into force shall be deemed public disposal facilities which have been, or are being installed pursuant to Article 24.

Article 5 (Transitional Measures concerning Persons who Reported Recycling)

A person who reports on recycling of livestock wastewater pursuant to Article 20 of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater as at the time this Act enters into force shall be deemed a person who reports on recycling of livestock excreta pursuant to Article 27.

Article 6 (Transitional Measures concerning Business Related to Excreta, etc.)

(1) A person who obtains a permit for, or completes the registration of, a business of collection and transportation of excreta, a business of disposal of excreta, a business of management of facilities for disposal of sewage, or a design and construction business of facilities for disposal of sewage pursuant to the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater as at the time this Act enters into force shall be deemed a person who obtains a permit for, or completes the registration of, a business of collection and transportation of livestock excreta, a business of disposal of livestock excreta, a business of management of facilities for livestock excreta, or a design and construction business of facilities for disposal of livestock excreta under the relevant provisions of this Act.

(2) Where the head of the competent Si/Gun/Gu specifies the business territory when he/she grants a permit for a business related to excreta pursuant to Article 35 (5) of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater, the business territory shall be deemed to have been prescribed pursuant to Article 28 (3).

Article 7 (Transitional Measures concerning Discharge Charges and Application of Penal Provisions)

As to the imposition and collection of discharge charges and penalty surcharge on violations committed before this Act enters into force, the application of penal provisions to such a violation, and the imposition of fines for negligence on such a violation, the former provisions shall apply.

Article 8 Omitted.

Article 9 (Relationships with other Acts)

A citation of the former Act on the Disposal of Sewage, Excreta and Livestock Wastewater or a provision thereof by any other Act or subordinate statutes in force as at the time this Act enters into force shall be deemed a citation of this Act or the corresponding provision of this Act, if such corresponding provision exists in this Act.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 9 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Articles 2 through 5 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 and 3 Omitted.

ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2010.

Articles 2 through 11 Omitted.

ADDENDUM
This Act shall enter into force three months after the date of its promulgation.

ADDENDUM
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 49 and 50 shall enter into force three months after the date of its promulgation.

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