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Laws of the Republic of Korea |
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 524
ENFORCEMENT DECREE OF THE WATER SUPPLY AND WATERWORKS INSTALLATION ACT
Wholly Amended by Presidential Decree No. 20243, Sep. 6, 2007 Wholly Amended by Presidential Decree No. 20521, Jan. 3, 2008 Presidential Decree No. 20680, Feb. 29, 2008
Presidential Decree No. 20763, Apr. 3, 2008
Presidential Decree No. 20789, May 21, 2008
Presidential Decree No. 20846, Jun. 20, 2008
Presidential Decree No. 21148, Dec. 3, 2008
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Water Supply and Waterworks Installation Act and matters necessary for the enforcement thereof. Article 2 (Scope of Wide-Area Water Services)
(1) The scope of wide-area water services which the State may provide in accordance with subparagraph 7 of Article 3 of the Water Supply and Waterworks Installation Act (hereinafter referred to as the "Act") shall be as follows:
1. Supplying water using a multipurpose dam or a dam for water supply as its water source, for the purposes of reasonable use and distribution of water resources;
2. Supplying water by means of altering the system of a watercourse under the direct control of a municipality;
3. Supplying water to a local government where an industrial complex prescribed by Article 2 of the Industrial Sites and Development Act is designated; or
4. Supplying water across the jurisdictional areas of two or more Metropolitan Cities/Dos. (2) The scope of wide-area water services which local governments may provide in accordance with subparagraph 7 of Article 3 of the Act shall
be restricted to the supply of water by means of cooperative waterworks by local governments upon agreement among them.
Article 3 (Building Community Tap-Water Facilities) The term "water services facilities prescribed by Presidential Decree" in subparagraph 9 of Article 3 of the Act means water services facilities in conformity with criteria set by the Minister of Environment, from among those equipped with water-purification facilities converting raw water into drinking water in accordance with water-quality criteria under Article 26 (2) of the Act, and serviced by each local government, which is a water services provider, in order to supply drinking water to residents in its area of jurisdiction.
Article 4 (Scope of Facilities not Falling Under Exclusive Private-Use Waterworks or Exclusive Industrial-Use Waterworks)
(1) The term "waterworks prescribed by Presidential Decree" in the proviso to subparagraph 12 of Article 3 of the Act and the proviso to subparagraph 13 of the same Article means waterworks, the daily quantity of which is less than 20 cubic meters, respectively. . Waterworks & Sewerage
2. Enforcement Decree of the Water Supply and Waterworks Installation Act 525
(2) The term "waterworks that fall short of criteria set by Presidential Decree" in the proviso to subparagraph 12 of Article 3 of the Act and the proviso to subparagraph 13 of the same Article means waterworks, the scale of facilities of which falls under any of the following subparagraphs:
1. The pipeline from water sources is less than 25 millimeters in diameter;
2. The total length of pipelines from water sources to a water tank is less than 1,500 meters; and
3. The total effective capacity of a water tank is less than 100 cubic meters. Article 5 (Minor Modifications of Basic Waterworks Maintenance Plans) The term "minor matters prescribed by Presidential Decree" in the latter part of Article 4 (2) of the Act means matters provided for in Article 4 (7) 6 through 9 of the Act. Article 6 (Matters Requiring Approval to Modify Basic Waterworks Maintenance Plans) The term "major matters prescribed by Presidential Decree" in the proviso to Article 4 (3) of the Act means the following:
1. Basic policies on waterworks maintenance;
2. Matters concerning mid-term or long-term supply and demand of tap water;
3. Matters concerning the development of wide-area water sources;
4. Matters concerning areas to which tap water is supplied;
5. Preservation of water sources and the designation and management of water source preservation areas;
6. The capacity to provide water services facilities;
7. Priority in implementation of water services;
8. Improvement and replacement of old tap-water pipelines;
9. The development and wide use of graywater treatment systems; or
10. Matters concerning integrated water service districts in areas where the operation of wide-area water services and local water supply need to be integrated. Article 7 (Prior Review of Basic Waterworks Maintenance Plans) The Minister of Environment may, where he/she intends to approve a basic waterworks maintenance plan or any modification thereof with respect to general water services in accordance with Article 4 (3) of the Act, request in advance the Environmental Management Corporation established under the Environmental Management Corporation Act or the Korea Water Resources Corporation established under the Korea Water Resources Corporation Act to examine technical aspects thereof, such as the appropriateness of scale of facilities, and consider its opinions Article 8 (Special Cases in Establishing Basic Waterworks Maintenance Plans) (1) The term "Do governor, the Special Metropolitan City Mayor, a Metropolitan City Mayor and the head of a Si/Gun (excluding the head of a Gun in a Metropolitan City) prescribed by Presidential Decree" in Article 4 (6) of the Act means a Do governor, the Special Metropolitan City Mayor, a Metropolitan City Mayor and the head of a Si/Gun (excluding the head of a Gun in a Metropolitan City; hereafter the same shall apply in this Article) pursuant to the following classifications:
1. In the event that tap-water pipelines are located across the jurisdiction of two or more of the Special Metropolitan City, Metropolitan Cities or Sis/Guns (excluding Guns in Metropolitan Cities), the Special Metropolitan City Mayor, a Metropolitan City Mayor or the head of a Si/Gun, who is determined upon consultation among the Special Metropolitan City Mayor, a Metropolitan City Mayor and the head of a Si/Gun; or
2. In the event tap-water pipelines are located across the jurisdiction of two or more Sis/Guns that belong to the jurisdiction of different Dos, notwithstanding subparagraph 1, the Do governor or Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea 526
the head of a Si/Gun, who is determined upon consultation among the relevant Do governors.
(2) In cases where a consultation prescribed
by paragraph (1) does not lead to agreement, and where
the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do governor
(hereinafter referred
to as "Mayor/Do governor") is involved in such consultation, a Mayor/Do governor or the head of
a Si/Gun
designated by the Minister of Environment upon consultation with the Minister of Public
Administration and Security shall establish
a basic waterworks maintenance plan; in cases where the
head of a Si/Gun is involved in such consultation, the head of a Si/Gun
designated by the relevant
Do governor shall make a basic waterworks maintenance plan.
(3) Article 4 (5) of the Act shall apply mutatis mutandis to cases where a person designated under
paragraphs (1) and (2) makes
or modifies a basic waterworks maintenance plan.
Article 9 (Prior Review of Comprehensive Water Supply Plans)
Article 7 shall apply
mutatis mutandis to cases where the Minister of Environment intends to approve
a comprehensive water supply plan, or any change
thereto, of the Special Metropolitan City, a Metropolitan
City or a Do (hereinafter referred to as "City/Do") in accordance with
Article 6 (1) of the Act.
Article 10 (Other Matters to be Included in Water Supply Plans)
The term "matters prescribed by Presidential
Decree" in Article 6 (2) 4 of the Act means the following:
1. Plans for establishing water usage fee systems (limited to plans established by the head of a
Si/Gun) under Article 12 (2) of
the Act; or
2. Plans for replacing, repairing and upgrading defective water gauges (limited to plans established
by the head of a Si/Gun).
Article 11 (Designation of Water Source Preservation Areas)
(1) The Minister of Environment shall, where intending to designate
or change water source preservation
areas in accordance with Article 7 (1) of the Act, take into account the characteristics, geographical
conditions, and degree of water pollution of the relevant water source.
(2) Upon the designation or change of water source preservation
areas in accordance with Article
7 (2) of the Act, the Minister of Environment shall make a public notification of the following
matters
and shall send the details of such notice to the head of a Si/Gun/Gu (referring to the head of an
autonomous Gu; hereinafter
the same shall apply) in charge of the relevant water source preservation
areas designated or changed:
1. Name of the relevant water source preservation area;
2. Location and size of the relevant water source preservation area;
3. Name and address of an entity that has built water services facilities within the relevant water
source preservation area; and
4. Other necessary matters for the preservation of water sources.
(3) In cases where the designation and notification of a water
source preservation area in accordance
with paragraph (2), the relevant head of a Si/Gun/Gu shall make such information available
to the
public, and then, within six months following the date on which such notification is made, shall publish
the land register
of land located within the relevant area and make such publication available to the
public.
(4) Matters necessary for the designation, notification or publication of the land register of water source
preservation areas as
prescribed by paragraphs (1) through (3) shall be prescribed by Ordinance of
the Ministry of Environment.
Article 12 (Prohibited Activities within Water Source Preservation Areas)
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(1) The term "activities prohibited by Presidential Decree" in Article 7 (3) 2 of the Act means the
following: 1. Raising domestic animals;
2. Swimming, bathing, washing clothes, or boat-riding;
3. Playing, camping, or cookouts;
4. Catching or farming fish or shellfish: Provided, That this shall exclude fishing, prescribed by
Ordinance of the Ministry of Environment,
conducted by persons prescribed by Ordinance of the
Ministry of Environment;
5. Washing cars; or
6. Growing crops in an area constituting a river area under subparagraph 2 of Article 2 of the River
Act: Provided, That growing
environment-friendly agricultural crops in accordance with Article
16 (1) of the Environment-Friendly Agriculture Fosterage Act
(excluding general environment-friendly
agricultural crops; hereinafter the same shall apply) according to criteria for certification
in accordance
with Article 17 (3) of the same Act shall be excluded.
(2) In cases where any person has obtained a license or permission
or filed a report for catching
or farming fish and shellfish in a water source preservation area in accordance with other Acts and
subordinate statutes at the time such water source preservation area is designated, he/she may catch
or farm fish or shellfish
according to the details of such licence, permission or report, notwithstanding
paragraph (1) 4, until the valid term of such licence,
permission or report.
(3) In the application of the proviso to paragraph (1) 6, where the head of a Si/Gun/Gu publishes
that the
use of agricultural chemicals in excess of criteria for certification under Article 17 (3) of
the Environment-Friendly Agriculture
Fosterage Act is inevitable due to damage by harmful insects
to environment-friendly agricultural crops in accordance with Article
16 (1) of the same Act, the use
of agricultural chemicals in accordance with such publication shall be deemed to conform to the
proviso
to paragraph (1) 6.
Article 13 (Criteria for Permissible Activities within Water Source Preservation Areas)
(1) Where allowing any activities falling
under subparagraphs of Article 7 (4) of the Act within water
source preservation areas, the head of a Si/Gun/Gu may allow any of
the following activities in so
far as such activities are deemed not in conflict with the purposes of designation of water source
preservation areas:
1. Constructing buildings or installing other structures falling under the following:
(a) Construction of buildings or installation
of other structures necessary for public interests;
(b) Construction of buildings or installation of other structures which are
necessary to improve
living conditions or to increase income of residents residing within water source preservation
areas, and
are prescribed by Ordinance of the Ministry of Environment;
(c) Construction of buildings or installation of other structures which
are to be collectively used
or are needed by residents residing within water source preservation areas, and are prescribed
by Ordinance
of the Ministry of Environment;
(d) Remodelling or reconstruction of existing buildings or other structures, the purposes of use
and scale of which are prescribed
by Ordinance of the Ministry of Environment, within the
extent not incurring pollutants any degree higher than that of a previous
case;
(e) Relocation of buildings or other structures, within water source preservation areas, which have
been removed due to the
construction of community facilities, facilities for public interests,
Reproduced from statutes of Republic of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
528
facilities for common use, or public facilities prescribed by Ordinance of the Ministry of Environment;
(f) Relocation of a building,
which is inevitable due to frequent disasters, including flooding, or
relocating a house located in an area where the living conditions
are extremely poor, suffering
noise from highways or railways, into neighboring land or village. In such cases, land on which
the
house used to be located shall be reverted to farmland or greenbelts;
(g) Removal of the existing house or relocation of a house
which has been built on land owned
by another person prior to designation as a water source preservation area, the addition or
remodelling of which is not allowed due to failure to obtain consent thereon from a land owner,
into a neighboring village; or
(h) Relocation of a house in a village, for the purposes of farming, into a farm or orchard owned
by the house owner. In such cases,
land on which the house used to be located shall be reverted
to farmland or greenbelts;
2. Alteration of the designated purposes of buildings or other structures in so far as pollutants expected
to accrue as a result
of such alteration do not exceed what has been accrued prior to such alteration;
3. Removal of water supply or sewerage facilities, pollution prevention facilities, or preservation area
management facilities in
so far as the maintenance and preservation of water source preservation
areas is deemed not to be impeded by such removal;
4. Cultivation or deforestation of trees necessary for the facilitation and management of a water-source
forest for the preservation
of water sources, or deforestation of bamboo trees or standing trees
in order to implement public projects; or
5. Alteration of the shape or quality of land, which has been carried out only for the systematization
of arable land or which is
deemed not in conflict with the purposes of the designation of water
source preservation areas.
(2) The detailed criteria for permission, such as the types and scale of buildings or other structures
pursuant to paragraph (1),
procedures therefor, and other necessary matters therefor shall be prescribed
by Ordinance of the Ministry of Environment.
(3) Where the head of a Si/Gun/Gu allows any activity that falls under any subparagraph of Article
7 (4) of the Act within a water
source preservation area pursuant to paragraph (1), he/she shall promptly
notify the relevant water services provider or builder
of exclusive waterworks of the details thereof.
Article 14 (Activities, Conducted within Water Source Preservation Areas, to be
Reported)
Minor activities required to be reported to the relevant head of a Si/Gun/Gu prescribed by the proviso
to Article 7 (4)
of the Act, shall be the following:
1. Removal of buildings or other structures except for water supply or sewerage facilities, pollution
prevention facilities, or water
source preservation area management facilities;
2. Cultivation or deforestation of trees within residential areas;
3. Repair of facilities for agricultural improvement, or alteration of the shape or quality of land, such
as molding to improve arable
land;
4. Restoration of buildings or other structures damaged by natural disasters, such as flooding, into
their original states; or
5. Conversion of usage of factories, lodging facilities or common restaurants into houses or warehouse
facilities.
Article 15 (Management of Water Source Preservation Areas)
(1) The head of a Si/Gun/Gu in charge of the management of water source
preservation areas, shall
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secure facilities, equipment, and human resources necessary for the preservation of water sources,
and shall take necessary measures
to control prohibited activities or to prevent pollution of water
sources.
(2) Criteria for securing the facilities, equipment, and human resources under paragraph (1) and other
necessary matters for the
management of water source preservation areas shall be determined by
Ordinance of the Ministry of Environment.
Article 16 (Special Cases for Management of Water Source Preservation Areas)
(1) The term "Mayor/Do governor or the head of a Si/Gun/Gu
prescribed by Presidential Decree"
in Article 8 (2) of the Act means a Mayor/Do governor or the head of a Si/Gun/Gu pursuant to
the following classification:
1. In cases where water source preservation areas are located across two or more Sis/Guns/Gus
(referring to autonomous Gus; hereinafter
the same shall apply) under the jurisdiction of the same
Special Metropolitan City, Metropolitan City, or Do, the head of a Si/Gun/Gu,
who is determined
upon consultation of the head of the relevant Sis/Guns/Gus;
2. In cases where water source preservation areas are located across two or more Cities/Dos, a Mayor/Do
governor or the head of a
Si/Gun/Gu determined upon consultation of the head of the relevant
Mayors/Do governors;
3. In cases where water source preservation areas and an area to which tap water is provided from
the said water-source are located
across two or more Sis/Guns/Gus under the jurisdiction of a
same City/Do, the head of a Si/Gun/Gu determined upon consultation of
the head of the relevant
Sis/Guns/Gus; or
4. In cases where water source preservation areas and an area to which tap water is provided from
the said water-source are located
across two or more Cities/Dos, a Mayor/Do governor or the
head of a Si/Gun/Gu determined upon consultation of the relevant Mayors/Do
governors.
(2) The head of a Si/Gun/Gu designated by a Mayor/Do governor having jurisdiction over such area,
in cases where consultation
pursuant to paragraph (1) 1 and 3 does not lead to agreement, or a Mayor/Do
governor or the head of a Si/Gun/Gu designated by the
Minister of Environment after consultation
with the Minister of Public Administration and Security, in cases where consultation
pursuant to paragraph
(1) 2 and 4 does not lead to agreement, shall be in charge of the management of the relevant water
source
preservation areas. 1. The purposes of a project plan;
2. Outline of a project plan;
3. The population and socioeconomic characteristics of an area as the object of a project plan;
Reproduced from statutes of Republic
of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
530
4. Plans for securing necessary financial resources;
5. Implementation plans and necessity for each project plan; and
6. Other matters necessary for the implementation of a project plan.
(2) The Minister of Environment shall consult with the head
of the relevant administrative agency,
such as the Ministry of Planning and Budget, with regard to the details of a project plan
established
and submitted by a Management Authority and the subsidies from the National Treasury, and if the
budget concerning
subsidies from the National Treasury is decided conclusively, the Minister of
Environment shall notify such Management Authority
of the amount of subsidy and items thereof.
(3) If a Management Authority intends to modify important matters of a project plan
approved under
the latter part of paragraph (1), it shall obtain prior approval of the relevant Mayor/Do governor.
Article 18 (Types
of Resident Support Projects)
The types of resident support projects prescribed by Article 9 (2) 1 through 4 of the Act, shall be
prescribed by annexed Table
1.
Article 19 (Contributions from Water Services Providers)
(1) Water services providers prescribed by Article 10 (1) 1 of the Act
shall be as follows:
1. Water services providers supplying final consumers with raw water directly or after purifying
it; or
2. Water services providers purifying raw water and supplying purified water to other service providers.
(2) Contribution from each
water services provider in accordance with Article 10 (2) of the Act shall
be computed by methods determined and published by the
Minister of Environment each year, within
the range of 5/100 of the sales income from water service calculated by multiplying the
volume of
raw water intake in two years prior to the year in which a resident support project has been implemented
by the national
average price of purified water, which had been purified and provided by the Korea
Water Resources Corporation for the two years
preceding the year in which a resident support project
has been implemented.
(3) In cases where the Minister of Environment makes a publication pursuant to paragraph (2), he/she
shall hear the opinions of
a Management Authority in advance.
(4) Each water services provider shall contribute the amount of contribution computed in accordance
with paragraph (2) to a Management Authority each year, prior to the beginning of the business year.
Article 20 (Subsidies from
Special Account for Environmental Improvement)
Under Article 10 (3) of the Act, the State may subsidize, from the Special Account
for Environmental
Improvement, a part of the expenses incurred in a resident support project up to 30/100 of the total
amount of
the expenses incurred in a resident support project.
Article 21 (Scope of Water Source Preservation Areas)
The term "water source
preservation areas prescribed by Presidential Decree" in Article 11 (1) of
the Act means water source preservation areas falling
under the following subparagraphs:
1. Water source preservation areas located within special areas, which are designated and published
by the Minister of Environment
in accordance with Article 22 of the Framework Act on Environmental
Policy; or
2. Water source preservation areas deemed especially necessary for the preservation of water quality
and designated by Ordinance
of the Ministry of Environment.
Article 22 (Types of Water Pollution Prevention Facilities)
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The term "water pollution prevention facilities prescribed by Presidential Decree" in Article 11 (1) of
the Act means the following
facilities established and managed by the State, a local government, or
the Korea Water Resources Corporation:
1. Public treatment facilities under subparagraph 9 of Article 2 of the Act on the Management and
Use of Livestock Excreta;
2. Public sewage treatment facilities under subparagraph 9 of Article 2 of the Sewerage Act; and
3. Other facilities determined by Ordinance of the Ministry of Environment, as water pollution prevention
facilities.
Article 23 (Criteria for Expense Allotment)
(1) Expenses incurred in the management of water source preservation areas and the operation of
water pollution prevention facilities
under Article 11 (1) of the Act shall be as follows:
1. Labor costs and costs for the operation of facilities and equipment necessary for the management
of water source preservation
areas;
2. Expenses incurred in the building, maintenance and management of signs, guard posts, and hazard
prevention facilities necessary
for the management of water source preservation areas;
3. Expenses incurred in the maintenance and management of water pollution prevention facilities;
and
4. Other expenses determined by Ordinance of the Ministry of Environment, as necessary for the
management of water source preservation
areas.
(2) The computation of the amount of expenses to be levied on each water services provider pursuant
to paragraph (1), shall be as
follows:
1. Where a water services provider supplies the general public with raw water or purified water
which any other water services provider
has collected, the computation shall be based on the
volume of water provided by the other water services provider; or
2. Where a water services provider directly supplies the general public with raw water or purified
water it has collected, the computation
shall be based on the volume of water intake.
Article 24 (Subject Matters of Graywater Treatment Systems)
(1) The term "facilities
the types and scales of which are greater than those prescribed by Presidential
Decree" in Article 14 (1) 3 of the Act means facilities
falling under any of the following subparagraphs,
and the total floor area of each of them exceeds 60,000 square meters:
1. Large-scale stores under subparagraph 3 of Article 2 of the Distribution Industry Development
Act;
2. Passenger-vehicle terminals, cargo terminals, railroad-station buildings, airport facilities, harbor
facilities or general passenger
facilities from among transport facilities under subparagraph 8 of
annexed Table 1 of the Enforcement Decree of the Building Act;
3. Office facilities under subparagraph 14 of annexed Table 1 of the Enforcement Decree of the Building
Act;
4. Prisons from among correctional institutions or military facilities under subparagraph 23 of annexed
Table 1 of the Enforcement
Decree of the Building Act;
5. Broadcasting stations or telephone/telegraph offices from among broadcasting or communication
facilities under subparagraph 24
of annexed Table 1 of the Enforcement Decree of the Building
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Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
532
Act; and
6. Other facilities prescribed by Municipal Ordinances of local governments as especially necessary
for the efficient use of water.
(2) The State or a local government may provide an entity that builds graywater treatment systems,
in accordance with Article 14
(1) of the Act, with technologies regarding methods of building such
system.
Article 25 (Subject Matters of Water-Saving Facilities)
The term "buildings or facilities prescribed by Presidential Decree" in
Article 15 (1) of the Act means
buildings or facilities falling under any of the following subparagraphs:
1. Buildings under Article 2 (1) 2 of the Building Act; and
2. Other facilities prescribed by Municipal Ordinances of local governments, as deemed particularly
necessary to save and efficiently
use water.
Article 26 (Subject Matters of Rain Water Use Facilities)
(1) The term "facilities prescribed by Presidential Decree" in Article
16 (1) of the Act means play
yards or gymnasiums prescribed by annexed Table 1 of the Enforcement Decree of the Installation
and
Utilization of Sports Facilities Act, and the roof area of each of which is at least 2,400 square
meters and with at least 1,400
seats.
(2) The term "scale prescribed by Presidential Decree" in Article 16 (1) of the Act means the roof
area of which is 2,400 square
meters and with 1,400 seats.
Article 27 (Application for Authorization)
(1) Any person who wishes to obtain authorization to run general water services pursuant to Article
17 (1) of the Act shall, under
conditions prescribed by Ordinance of the Ministry of Environment,
submit an application form for authorization of general water
services, together with its business plans,
blueprints, and other relevant documents to the Minister of Environment, the Minister
of land, Transport
and Maritime Affairs, or the head of a Si/Gun/Gu (hereinafter referred to as "Authority").
(2) Business plans pursuant to paragraph (1) shall include the following matters:
1. Outline of water services (including water services facilities);
2. Areas to supply water, the size of population to supply water to, and the volume of water to
supply per person per day;
3. An annual business plan (excluding cases of community tap water) and the diffusion rate of water
services;
4. The maximum volume of water to supply per day, the average volume of water to supply per
day, and the capacity of the relevant
facilities;
5. The location of water sources or a forebay and the methods of purifying water;
6. A statement of the volume of water at a forebay and the result of an examination of water quality;
7. A map of the location of water services facilities and a ground plan for water supply plans;
8. The prearranged date for the beginning and completion of construction and for the supply of water;
9. The methods of funding and an annual investment plan;
10. A detailed statement of records, street number and size, rights, other than the ownership, of land
or a building, to be expropriated
and used (hereinafter referred to as "land, etc."); and
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11. Names and addresses of the owner and other interested parties of land, etc.
(3) The term "minor matters prescribed by Presidential
Decree" in the proviso to Article 17 (1) of
the Act means the following matters concerning:
1. Changes in the methods of funding, or in an annual investment plan;
2. Changes in the structures of water services facilities, which are not accompanied by an increase
or decrease in the capacity of
such facilities, and which are made within the range of criteria
for water services facilities under Article 29; or
3. Increase or decrease up to 1/10 of the capacity of water services facilities.
(4) The Minister of Environment may, where deemed
necessary to grant authorization pursuant to
Article 17 (1) of the Act, commission the Environment Management Corporation established
under
the Environment Management Corporation Act or the Korea Water Resources Corporation established
under the Korea Water Resources
Corporation Act to examine technical aspects of its business plans
and hear its opinions.
Article 28 (Publication of Authorization)
Publication under Article 17 (3) of the Act shall include the following matters:
1. Official names of services;
2. The name and address of a water services provider;
3. The purposes and outline of services;
4. The location and size of an area where services are to be implemented;
5. An area to which water is to be supplied, population to which water is to be supplied, and the
volume of water to be supplied;
6. The period of time during which water services are to be provided and the prearranged date on
which the supply of water is to
commence;
7. A detailed statement of records, street number, item, size, and rights, other than the ownership,
of land, etc. to be expropriated
and used;
8. The names and addresses of the owner and other interested persons of land, etc.; and
9. Other necessary matters.
Article 29 (Standards for Facilities)
(1) Pursuant to Article 18 of the Act and corresponding to the quality, quantity, geographical condition
of available raw water
and the types and scale of facilities of the relevant water service, each general
water services provider shall be equipped with
water intake facilities, water-retention facilities, raw-water
conveyance facilities, water-purification facilities, purified-water
conveyance facilities and water-dis-
tribution facilities, all of which meet each of the following standards:
1. Water sources and water intake structures from which the volume of good-quality raw water
is available as much as is needed;
2. Water-retention facilities with the capacity to provide, even during dry seasons, the volume of
raw water needed;
3. Raw-water conveyance facilities, such as sluices, through which as much raw water as needed
can be conveyed;
4. Water-purification facilities which help purify necessary volume of raw water to the degree of
standard water quality pursuant
to Article 26 (2) of the Act;
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5. Pumps, conveyance pipes, and other purified-water conveyance facilities which help convey the
volume of purified water needed;
and
6. Distribution pumps, distribution pipes, and other distribution facilities which help provide the volume
of purified water needed,
with the degree of pressure exceeding a certain specified limit.
(2) The location and arrangement of the water services facilities
shall be determined, taking harmony
with the economical production of water into account.
(3) Water services facilities shall be
able to withstand against water pressure, earth pressure, earthquakes,
and other pressures and they shall be safe from water pollution
or water leakage.
(4) The detailed standards for the establishment of water services facilities pursuant to paragraph
(1) shall
be prescribed by Ordinance of the Ministry of Environment.
Article 30 (Standards for Materials and Products Used for Waterworks)
(1) The term "materials or products meeting standards prescribed by Presidential Decree" in Article
18 (2) of the Act means materials
or products used for waterworks, falling under any of the following
subparagraphs; and materials or products to come into contact
with water shall be in conformity with
sanitation and safety standards set by Ordinance of the Ministry of Environment:
1. Materials certified under Articles 15 of the Industrial Standardization Act;
2. Products certified as meeting organizational standards under Article 27 (2) of the Industrial
Standardization Act, and are excellent
organizational standard products under Article 25 of the
same Act;
3. Products certified as meeting organizational standards under Article 27 (2) of the Industrial
Standardization Act, and are certified
by the Korea Water and Wastewater Works Association
established under Article 56 of the Act;
4. Products produced by a company certified as meeting a quality management system pursuant to
Article 7 of the Quality Management
and Safety Control of Industrial Products Act;
5. Products certified as environment-friendly under Article 20 of the Development of and Support
for Environmental Technology Act;
6. Products certified under Article 16 of Industrial Technology Innovation Promotion Act; and
7. Products acknowledged as being based on new technology under Article 6 of the Technology
Development Promotion Act.
(2) Notwithstanding paragraph (1) 1 through 7, materials or manufactured products which are deemed
inappropriate to be used for
waterworks and are published by the Minister of Environment shall not
be used for waterworks.
Article 31 (Water-Quality Inspections)
(1) Water-quality inspections under Article 19 (1) of the Act shall be conducted by a Mayor/Do governor:
Provided, That in cases
of community tap water, the head of a Si/Gun/Gu shall conduct such inspections.
(2) Any person who intends to undergo a water-quality
inspection referred to in paragraph (1) shall
submit a written application for inspection under conditions prescribed by Ordinance
of the Ministry
of Environment.
Article 32 (Managers of Water Supply Facilities)
In accordance with the proviso to Article 21 (1) of the Act, water supply facilities shall be managed
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by a person falling under any of the following subparagraphs, according to their location and type:
1. As for water supply facilities located outside the boundary of land owned by any person supplied
with tap water: A water services
provider; and
2. As for water supply facilities located within the boundary of land owned by a person supplied
with tap water: A person falling
under any of the following items:
(a) As for water supply facilities located from the boundary of land to a water meter: Any person
determined by Municipal Ordinances of the relevant local government; and
(b) As for water supply facilities other than those provided
for in item (a): Any person supplied
with tap water.
Article 33 (Managers of Water Services Facilities)
(1) The term "affairs prescribed by Presidential Decree" in Article 21 (5) of
the Act means overall
affairs performed to supply tap water, to manage water services facilities, to administer statistical
data
pertaining to water services, to control water quality, to take emergency measures and to train
the staff of water services facilities.
(2) In accordance with Article 21 (5) of the Act, a person who can be appointed as a manager of
water services facilities under
a general water services provider shall be a person falling under any
of the following subparagraphs:
1. Any person who has graduated from a department related to civil engineering, electrical engineering,
electronic engineering, mechanical
engineering, architecture, environmental engineering or sanitation
at a college or university, or an educational institution equivalent
thereto, under the Higher Education
Act, and had obtained, while in college, necessary credits in subjects relating to water supply
engineering or sanitation engineering and has engaged in a technological job relating to water
supply for at least two years (or
one year, in cases of community tap water or exclusive waterworks
the facilities of which have a capacity of 2,000 tons or less
per day) after graduation;
2. Any person who has graduated from a department related to civil engineering, electrical engineering,
electronic engineering, mechanical
engineering, architecture, environmental engineering, or sanitation
at a junior college under the Higher Education Act or any other
school equivalent thereto, and
had obtained, while in college, necessary credits in subjects relating to water supply engineering
or sanitary engineering and has engaged in a technological job relating to water supply for at
least five years (or three years,
in cases of community tap water or exclusive waterworks the
facilities of which have a capacity of 2,000 tons or less per day) after
graduation;
3. Any person who has obtained necessary credits in the fields of engineering, natural sciences, agricultural
science, medical science,
or pharmacology at a college or university under the Higher Education
Act, or any other school equivalent thereto, and has engaged
in a technological job related to
water supply for at least four years (or two years, in cases of community tap water or exclusive
waterworks the facilities of which have a capacity of 2,000 tons or less per day), or who has
obtained necessary credits in the
fields of engineering, natural sciences, agricultural science, medical
science, or pharmacology at a junior college under the Higher
Education Act, or any other school
equivalent thereto, and has engaged in a technological job related to water supply for at least
eight years (or four years, in cases of community tap water or exclusive waterworks the facilities
of which have a capacity of
2,000 tons or less per day) after graduation;
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4. Any person who has engaged in a technological job related to water supply for at least ten years
(or seven years, in cases of
community tap water or exclusive waterworks the facilities of which
have a capacity of 2,000 tons or less per day); and
5. Any person who is equally or better qualified than one of those who falls under any of subparagraphs
1 through 4, and is prescribed
by Ordinance of the Ministry of Environment.
(3) Paragraph (2) shall not apply to cases of a general water service or exclusive
waterworks, the
facilities of which have a capacity of 1,000 tons or less per day, supplying water without water-purification
facilities,
other than antiseptic facilities.
Article 34 (Assignment of Certified Water-Purification Facility Managers)
Criteria for general water services providers to assign
certified managers at water-purification facilities
pursuant to Article 21 (6) of the Act are shown as annexed Table 2.
Article
35 (Classification and Terms of Commission)
(1) Affairs of operating and managing water services facilities under Article 23 (1)
of the Act (hereinafter
referred to as "water services management") shall be commissioned pursuant to the following classification:
1. Simple commission: Commission of the management of one water services facility from among
water intake facilities or water-purification
facilities, or repetition of simple tasks, such as removing
and treating sludge (referring to sediments generated during water-purification
process; hereinafter
the same shall apply), checking and replacing water gauges, issuing and delivering water bills,
etc.; or
2. Multiple commission: Commission of upgrading (including replacing; hereinafter the same shall
apply) water services facilities
or commission of the management of two or more water services
facilities from among water intake facilities, water-purification
facilities or water pipes and drainage
facilities. In such cases, repetition of simple tasks, such as removing and treating sludge,
may
be included.
(2) A term of a simple commission referred to in paragraph (1) shall not exceed five years, and a
term of a multiple commission
shall be from five years to twenty years.
(3) When any general water services provider intends to commission water services management
pursuant
to Article 23 (2) of the Act, it shall clearly state matters falling under each of the following items,
classified into
each subparagraph, in a commission contract, fully taking into account the characteristics
of the operation and management of water
services facilities subject to commission:
1. Simple commission:
(a) Objectives of commission;
(b) The subject matter and scope of commission;
(c) The term of a commission contract;
(d) Matters concerning the calculation of costs of commission and the payment thereof;
(e) Goals to be accomplished and matters
concerning measures to be taken in cases of failing
to accomplish such goals;
(f) Matters concerning the termination of a commission contract and compensation for losses;
and
(g) Other matters deemed necessary when general water services providers conclude their commission
contracts; and
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2. Multiple commission:
(a) Matters falling under subparagraph 1 (a) through (g);
(b) Matters concerning an annual investment plan
(including the details of investment costs and
means of raising funds) and recovery of funds;
(c) Matters concerning the upgrade of water services facilities;
(d) Matters concerning the collection and management of water usage
fees or the suspension of
water supply by proxy;
(e) Matters concerning the final target year, an annual rate of water supply, the rate of water
flow and the target quality of water;
(f) Matters concerning evaluation of the results of commission and measures to be taken subsequent
to such results;
(g) Matters concerning acquisition and transfer (including employment succession) between a trustor
and a trustee, when a commission
contract is concluded or terminated; and
(h) Matters concerning emergency planning, such as an occurrence of hazards to the quality
of
water.
(4) In cases of a simple commission referred to in paragraph (1) 1, the provisions of Articles 37 through
39 shall not apply thereto.
(5) Matters concerning criteria for review on the feasibility and necessity of commission under paragraphs
(1) and (2) and detailed
criteria for concluding and terminating commission contracts or emergency
planning shall be determined and published by the Minister
of Environment.
Article 36 (Trustees of Water Services Facilities)
The term "specialized institutions prescribed by Presidential
Decree" in Article 23 (1) of the Act means
the following:
1. The Korea Water Resources Corporation established under the Korea Water Resources Corporation
Act;
2. The Environmental Management Corporation established under the Environmental Management
Corporation Act;
3. Enterprises directly managed by local governments, corporations run by local governments and
local public corporations, which
are incorporated and established under the Local Public Enterprises
Act;
4. Corporations that are civil and architectural engineering business entities pursuant to Article 2
of the Framework Act on the
Construction Industry;
5. Corporations that are involved in engineering activities in tap water and sewage systems or the
environmental sector in the field
of construction, or the water-quality control sector in the field
of environmental engineering pursuant to Article 2 of the Engineering
Technology Promotion Act;
6. The offices of certified engineers in tap water and sewage systems or the environment sector
in the field of construction, or
the water-quality control sector in the field of environmental engineering
pursuant to Article 6 of the Professional Engineers Act;
7. Institutions prescribed by Ordinance of the Ministry of Environment as being capable of performing
water services management;
and
8. Entities deemed by general water services providers which are local governments, as capable of
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water services management and specified by Municipal Ordinance of a local governments, or in
cases of water services providers which
are not local governments, persons prescribed by other
Acts or subordinate statutes (limited to the repetition of simple tasks,
such as removing and treating
sludge from among simple commissions).
Article 37 (Preparation of Commission Plans and Considering Opinions)
(1) In cases where any general water services provider (referring
to a general water services provider
that is a local government; hereafter the same shall apply in this Article through Article
40) intends
to commission water services management pursuant to Article 23 (1) of the Act, it shall prepare a
commission plan which
includes the following matters, hear the opinions of the commission review
committee under Article 38 (hereinafter referred to as
the "Commission Review Committee"), make
such plan available to the public for 20 days or more, and hold an explanatory meeting:
1. Objectives and scope of commission;
2. The term of commission;
3. Matters concerning the calculation of costs of commission and the payment thereof; and
4. Other matters a general water services provider deems necessary to commission water services
management.
(2) Each general water services provider shall, when it intends to make a commission plan available
to the public in accordance
with paragraph (1), publish in advance a summary of the commission plan,
the period of time and place of disclosure, the time for
residents to raise opinions and ways of raising
their opinions, etc. at least once in one or more nationally circulated daily newspaper
(referring to
any daily newspaper the circulation area of which is nationwide registered under Article 12 (1) 6 of
the Act on the
Freedom of Newspapers, etc. and Guarantee of Their Functions and which falls under
subparagraph 1 (a) of Article 2 of the said Act;
hereinafter the same shall apply) and in one or more
locally circulated daily newspaper (referring to any daily newspaper the main
circulation area of which
is the relevant local area registered under Article 12 (1) 6 of the said Act and which falls under subparagraph
1 (a) of Article 2 of the said Act; hereinafter the same shall apply), and make the relevant documents
available to the public.
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otherwise.
(6) In cases where any general water services provider has concluded a commission contract, it shall
publish the following matters
in the public bulletin, on Internet websites, or daily newspapers within
15 days from the date on which a commission contract is
concluded:
1. Objectives of commission;
2. The details and scope of the commission;
3. The period of time of the commission;
4. The name and address of the trustee;
5. Means of financing the commission; and
6. Other matters related to the commission.
Article 38 (Establishment and Operation of Commission Review Committee)
(1) General
water services providers shall establish and operate the Commission Review Committee
to review the following matters:
1. The feasibility of objectives, subject matters and scope of commission;
2. The appropriateness of the period of time and costs of commission;
3. The appropriateness of investment plans and means of financing the budget;
4. The evaluation of the results of commission; and
5. Other matters deemed by general water services providers as requiring review on water services
management and place as the agenda
of the Commission Review Committee.
(2) The Commission Review Committee shall be comprised of not more than 15 members, including
one chairperson.
(3) The chairperson shall be appointed by general water services providers, from among public officials
ranked in Grades through
V, who are in charge of tap-water affairs.
(4) The members shall be commissioned by general water services providers, from among
the following
persons. In such cases, general water services providers shall commission at least one member from
each of the following
persons:
1. Technicians in the field of tap water and sewerage prescribed by Article 9 of the National Technical
Qualifications Act;
2. Persons who hold doctorate degrees in fields related to tap water and sewerage;
3. Certified public accountants who have registered pursuant to Article 7 of the Certified Public Accountant
Act; and
4. Legal professionals, such as attorneys-at-law and law professors.
(5) Allowances, travel expenses and other necessary expenses
may be paid to the members of the
Commission Review Committee within the extent of budget: Provided, That the same shall not apply
to cases where public officials attend a meeting of the Commission Review Committee in direct connection
with their duties.
(6) Necessary matters, other than matters prescribed by this Decree, in connection with the operation
of the Commission Review Committee
shall be prescribed by the Municipal Ordinances of the relevant
local government.
Article 39 (Evaluation on Results of Commission)
(1) Each general water services provider shall, where it commissions water services management pursuant
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to Article 23 (1) of the Act, evaluate the operation and management of water services facilities and
results of management of a
trustee every five years from the date on which a commission contract
is concluded, in order to improve and develop water services
management.
(2) With respect to matters requiring correction, as a result of an evaluation referred to paragraph
(1), each general
water services provider may request a trustee to correct them, or pay performance-based
bonuses or provide subsidies, within the
extent of budget, to a trustee who is found to have successfully
performed its work.
(3) Necessary matters concerning means and procedures for evaluation of the results of commission
pursuant to paragraphs (1) and
(2) and measures to be taken subsequent to such evaluation shall
be determined and published by the Minister of Environment.
Article
40 (Termination of Commission Contracts)
Each general water services provider shall, when it intends to conclude a commission contract, clearly
state on such contract in
detail that such commission contract may be terminated when grounds falling
under any of the following subparagraphs occur:
1. In cases where the goals of commission are impossible to be attained because a trustee fails to
properly manage water services;
and
2. In cases where a commission contract is decided to be terminated by a resident referendum under
the Residents' Voting Act.
Article 41 (Eligibility to Take Examinations for Certified Water-Purification Facility Managers)
Types of examinations for certified
water-purification facility managers, as set forth in Article 24
(5) of the Act, shall be Grades , , and , and eligibility to take
an examination is as shown
in annexed Table 3.
(2) The first test and the second test under paragraph (1) shall be held for each of the following
subjects, with different degrees
of difficulty by each grade, and the first test shall be comprised of
multiple-choice questions and the second exam shall be comprised
of essays or short answers:
1. Water-purification process;
2. Analysis on and control of water quality;
3. The operation of facilities and equipment (machinery, devices, measuring instruments, etc.); and
4. The hydraulics of water-purification facilities.
(3) In order to pass the first and second tests, an examinee shall score at least
40 points in each
subject and an average of at least 60 points out of 100 as full marks in each subject.
(4) The second test shall be held for those who have passed the first test: Provided, That in cases
where the first test and the
second test are simultaneously held pursuant to the proviso to paragraph
(1), the second test taken by any person who has failed
to pass the first test shall become invalid.
(5) Any person who has passed the first test shall be exempted from taking the first
test for two
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years from the date on which he/she has passed the first test: Provided, That in cases where the
first test has not been held within
those two years, he/she shall be exempted from the immediately
following first test only once.
(6) Setting examination questions, grading examinations, procedures for applying to sit examination,
service fees and other necessary
matters shall be prescribed by Ordinance of the Ministry of Environment.
Article 43 (Exemption from Part of Examination Subjects)
Part of examination subjects shall be exempted for persons who have obtained certificates in related
fields prescribed by the National
Technical Qualifications Act pursuant to Article 24 (5) of the Act,
pursuant to the following classification: 1. Certified tap water and sewerage technicians: Subjects under Article 42 (2) 1 through 4 from among
the subjects of the first test
for Grade I, , or certified water-purification facility managers
under Article 42 (2);
2. Certified water-quality management technicians: Subjects under Article 42 (2) 1, 2 and 4 from
among the subjects of the first
test for Grade I certified water-purification facility managers under
Article 42 (2);
3. Certified water-quality and environment technicians: Subjects under Article 42 (2) 1 and 2 from
among the subjects of the first
test for Grade or certified water-purification facility managers
under Article 42 (2); or
4. Certified water-quality and environmental industry technicians: Subjects under Article 42 (2) 1
and 2 from among the subjects
of the first test for Grade certified water-purification facility
managers under Article 42 (2).
Article 44 (Committee on Examinations for Certified Water-Purification Facility Managers)
(1) The Committee on the Examination for
Certified Water-Purification Facility Mangers (hereinafter
referred to as the "Examination Committee") is established under the
Ministry of Environment to
review and make resolutions on the following matters concerning examinations for certified water-purifica-
tion facility managers in accordance with Article 24 of the Act:
1. Matters concerning improvement in and administration of examination systems;
2. Matters concerning the selection of examiners to set exam questions;
3. Matters concerning the setting of exam questions and screening of successful examinees; and
4. Other matters raised by the chairperson as part of the agenda of the Examination Committee regarding
examinations.
(2) The Examination Committee shall be comprised of not more than 15 members, including one chairperson.
(3) The chairperson shall
be nominated by the Minister of Environment from among public officials
who belong to the Senior Civil Service and work for the
Ministry of Environment.
(4) The chairperson shall represent the Examination Committee and exercise overall control over the
affairs
of the Examination Committee.
(5) The members of the Examination Committee shall be commissioned by the chairperson from among
persons of professional knowledge
and experience in the operation and management of water-purification
facilities.
(6) The terms of office for members who are not public officials shall be two years and they may
be recommissioned for only one
further term.
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(7) The Examination Committee's meetings shall open with the attendance of a majority of all members
and pass resolutions with the
concurrent vote of a majority of those present.
(8) Other necessary matters concerning the operation of the Examination Committee
shall be prescribed
by the chairperson after undergoing resolutions of the Examination Committee.
Article 45 (Allowances, etc.)
Allowances and travel expenses may be paid within the extent of budget to members of the Examination
Committee, who have attended
meetings of the Examination Committee: Provided, That the same
shall not apply to cases where public officials have attended meetings
of the Examination Committee
directly in connection with their official duties.
Article 46 (Report on Water-Quality Standards by
Area and Testing Methods)
The relevant Mayor/Do governor shall, when he/she determines water-quality standards by area and
testing
methods prescribed by Article 26 (3) of the Act by Municipal Ordinances, make a report thereof
without delay to the Minister of
Environment. The same shall apply to cases where he/she has modified
water-quality standards by area and testing methods.
Article
47 (Standards for Publication of Violation of Water-Quality Standards)
Standards for publication under Article 27 (1) of the Act
are as shown in annexed Table 4. In such
cases, such publication shall be counted from the time when the violation of water-quality
standards
is discovered.
Article 48 (Standards for Water Purification and Treatment)
(1) The term "standards for water purification and treatment prescribed
by Presidential Decree" in
Article 28 (1) of the Act means the following subparagraphs:
1. Not less than 9,999/10,000 of viruses are required to be removed or devitalized between a water-intake
place and the place of
outflow in a water-purification reservoir of water-purification facilities;
and
2. Not less than 999/1,000 Giardia caveolaes are required to be removed or devitalized between a
water-intake place and the place
of outflow in a water-purification reservoir of water-purification
facilities.
(2) Necessary matters concerning calculation of the ratio of removal or devitalization of viruses or
Giardia caveolaes under in
paragraph (1) and means of verification thereof shall be determined and
published by the Minister of Environment.
Article 49 (Building Water-Quality Inspection Facilities)
(1) Criteria for water-quality inspection facilities, which each general
water services provider shall
be equipped with in accordance with Article 29 (2) of the Act, shall be as follows:
1. Raw-water inspection facilities: Equipment and testing facilities to inspect criteria for water quality
and water ecology, as
shown in annexed Table 1 of the Enforcement Decree of the Framework
Act on Environmental Policy; and
2. Purified-water inspection facilities: Equipment and testing facilities to inspect criteria for the quality
of drinking water prescribed
by Ordinance of the Ministry of Environment in accordance with
Article 26 (2) of the Act.
(2) Notwithstanding paragraph (1), in cases where each general water services provider entrusts or
delegates the testing of water
quality, upon approval of the relevant Mayor/Do governor, to any national
or public research institution, such as the Public-Health
and Environment Research Institute, or any
other institution prescribed by Ordinance of the Ministry of Environment, water-quality
inspection
facilities (excluding facilities to measure test items prescribed by Ordinance of the Ministry of Environment)
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prescribed by paragraph (1) may not be required. In such cases, the relevant Mayor/Do governor
shall determine whether to grant
approval, considering the demand for water-quality inspections within
the areas of his/her jurisdiction and capacity for inspection
by the Public-Health and Environment
Research Institute, etc.
Article 50 (Types of Buildings or Facilities Required to Take Sanitary Measures, Such as Disinfection)
The term "buildings or facilities
which exceed the scales specified by Presidential Decree" in Article
33 (2) of the Act, means buildings or facilities falling under
the following subparagraphs: Provided,
That this shall exclude buildings or facilities supplying tap water without using water tanks:
1. Buildings or facilities the total floor area of each of which is not less than 5,000 square meters
(excluding the areas of parking
lots within buildings or facilities);
2. Buildings or facilities prescribed by Article 3 of the Enforcement Decree of the Public Health Control
Act; and
3. Apartments and their welfare facilities prescribed by subparagraph 2 (a) of annexed Table 1 of
the Enforcement Decree of the Building
Act.
Article 51 (Buildings or Facilities Required to Take Measures, Such as Cleaning Water Pipes)
(1) The term "buildings which fall
under types and scales prescribed by Presidential Decree" in Article
33 (3) 1 of the Act means buildings which fall under any of
the following subparagraphs and the
total floor area of each of which is not less than 60,000 square meters:
1. Superstores prescribed by subparagraph 3 of Article 2 of the Distribution Industry Development
Act;
2. Facilities falling under any of the following items from among transportation facilities referred
to in subparagraph 8 of annexed
Table 1 of the Enforcement Decree of the Building Act:
(a) Passenger vehicle terminals and cargo terminals;
(b) Railway stations;
(c) Airport facilities; and
(d) Harbor facilities and general passenger facilities;
3. General business facilities referred to in item (b) from among business facilities prescribed by
subparagraph 14 of annexed Table
1 of the Enforcement Decree of the Building Act; and
4. Other facilities prescribed by Municipal Ordinances of local governments as expecially necessary
to supply safe tap water.
(2) The term "facilities which fall under types and scales prescribed by Presidential Decree" in Article
33 (3) 2 of the Act means
facilities falling under any of the following subparagraphs and the total
floor area of each of which is not less than 5,000 square
meters:
1. Facilities falling under any of the following items from among educational or research facilities
referred to in subparagraph
10 of annexed Table 1 of the Enforcement Decree of the Building
Act, facilities for elderly citizens and children referred to in
subparagraph 11 of the same Table,
or training facilities referred to in subparagraph 12 of the same Table:
(a) Libraries;
(b) Facilities related to children, facilities for elderly citizens' welfare, social welfare facilities which
are not classified
for other purposes, and workers' welfare facilities;
(c) Facilities for training juveniles; and
(d) Schools;
2. Physical training facilities prescribed by subparagraph 13 of annexed Table 1 of the Enforcement
Decree of the Building Act;
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3. Public facilities referred to in item (a) from among facilities referred to in subparagraph 14 of
annexed Table 1 of the Enforcement
Decree of the Building Act;
4. Prisons or reformatories from among correctional or military facilities referred to in subparagraph
23 of annexed Table 1 of the
Enforcement Decree of the Building Act; and
5. Other facilities prescribed by Municipal Ordinances of local governments as especially necessary
to supply safe tap water.
Article 52 (Training of Management of Water Services Facilities)
(1) The details of training of the management of water services
facilities under Article 36 (1) of the
Act shall include the following matters:
1. The Water Supply and Waterworks Installation Act and laws and regulations related to sanitation;
2. Matters concerning the operation, maintenance and management of water services facilities;
3. Matters concerning standards for the quality of drinking water and the testing thereof;
4. Matters concerning improvement in the quality of water; and
5. Other necessary matters concerning the management of water services facilities.
(2) Any person subject to training under Article
36 (1) and (2) of the Act shall receive training under
the following classification, and any person who has violated Article 33
(2) of the Act or who has
received a disposition of the suspension of business under Article 35 of the Act shall receive re-training
within two years from the date on which such violation is discovered:
1. In cases of any person who falls under Article 36 (1) 1 and 2 of the Act and any employee directly
engaged in water-tank cleaning
business: Training for 8 hours within one year from the date
on which they have been subject to such training program; and
2. In cases of any person other than those referred to in subparagraph 1: Group training for 35 hours
every three years or other
training corresponding thereto, by using the Internet.
(3) Necessary expenses for training prescribed by paragraph (2) shall be
levied on those who have
received such training: Provided, That expenses necessary for training operators and employees pursuant
to Article 36 (2) of the Act shall be levied on general water services providers or water-tank cleaning
business entities, which
have employed such operators and employees.
(4) The term "institutions and organizations prescribed by Presidential Decree" in Article
36 (3) of
the Act means institutions and organizations falling under any of the following subparagraphs:
1. The Korea Water and Wastewater Works Association (hereinafter referred to as the "Association")
prescribed by Article 56 of the
Act;
2. The Korea Water Resources Corporation under the Korea Water Resources Corporation Act;
3. The Environmental Preservation Association under Article 38 of the Framework Act on Environmental
Policy;
4. The Environmental Management Corporation under the Environmental Management Corporation
Act;
5. Educational institutions acknowledged by the Minister of Environment as having proper human
resources, etc. from among educational
institutions run by general water services providers; and
6. Other institutions acknowledged and prescribed by Ordinance of the Ministry of Environment as
being capable of conducting training.
(5) The head of each educational institution pursuant to paragraph (4) (hereafter referred to as the
"head of an educational institution"
in this Article) shall plan a training program for the following
year, including the following matters, and submit it to the Minister
of Environment by the end of
each year:
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1. The basic direction of training;
2. The results of a survey of demand for education and a long-term estimation thereof;
3. Plans for training programs;
4. Teaching materials (including practice materials) and plans for using them;
5. Persons subject to training and expenses for training; and
6. Other necessary matters for training.
(6) The head of an educational institution shall issue certificates of completion of education
to persons
who have completed training and report the results of training to the Minister of Environment on
or prior to January
15 of the following year.
(7) Other necessary matters concerning specific curricula for each person subject to training, methods
of conducting training, etc.
shall be prescribed by the Minister of Environment.
Article 53 (Application for Approval of Provisions Concerning Supply of Tap
Water)
Any person who intends to obtain approval of provisions concerning the supply of tap water from
an Authority, as prescribed
by Article 38 of the Act, shall prepare provisions concerning the supply
of tap water, including the following matters, and apply
for approval thereof:
1. Basic information necessary for the computation of tap-water usage fees;
2. Criteria and methods for the computation of expenses for works relating to water services facilities;
3. Matters concerning the building and management of water supply facilities, such as the installation
of a backflow-prevention valve
in the base of a water gauge to prevent water pollution due to
backflow; and
4. Other matters prescribed by Ordinance of the Ministry of Environment, concerning the supply
of tap water.
Article 54 (Application Mutatis Mutandis to Cases of Adjudication)
Article 51 of the Act on the Acquisition of Land, etc. for Public
Works and the Compensation Therefor
shall apply mutatis mutandis to cases of application for adjudication in accordance with Article
41
(3) of the Act.
Article 55 (Application Mutatis Mutandis to Cases of Industrial-Use Water)
Articles 27 through 30, 33, 35 through 40, and 53 shall
apply mutatis mutandis to cases of industrial-use
water and industrial-use water services.
Article 56 (Supply for General Consumers of Tap Water from Wide-Area Water Services)
Tap water from wide-area water services may
be supplied for general consumers under Article 43
(4) of the Act, in cases where the following requirements are met:
1. Where the directly supply of tap water from wide-area water services is inevitable because the
supply of tap water by local water
supply or by other means is substantially difficult;
2. Where water is supplied for public institutions, military units, schools, power plants, or factories
using 1,000 tons or more
of water per day (referring to factories under Article 2 of the Industrial
Cluster Development and Factory Establishment Act); or
3. Where consumers enter into an agreement on the allotment of expenses for building water-purification
facilities of wide-area water
services with a water services provider on whom such expenses
are to be levied, as prescribed by Article 70 of the Act, for building
water-purification facilities.
Article 57 (Exclusive Waterworks by State)
(1) In cases where the State intends to build exclusive waterworks in accordance with Article 51
of the Act, the Minister in charge
shall have prior consultation with the Minister of Environment
on exclusive private-use waterworks, and with the Minister of Land,
Transport and Maritime Affairs
on exclusive industrial-use waterworks.
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
546
(2) Articles 53 and 54 of the Act shall apply mutatis mutandis to cases of exclusive waterworks built
by the State.
Article 58 (Application for Authorization of Exclusive Waterworks)
(1) Any person who intends to obtain authorization for building
exclusive waterworks in accordance
with Article 52 of the Act shall submit, to the head of a Si/Gun, a written application for authorization
to build exclusive waterworks, along with works plans, as prescribed by Ordinance of the Ministry
of Environment.
(2) Works plans pursuant to paragraph (1) shall include the following matters:
1. An outline of water services facilities;
2. The number of people to be supplied with water and the volume of water to be supplied per person
per day;
3. The maximum volume of water to be supplied per day and the average volume of water to be
supplied per day;
4. Matters prescribed by Article 27 (2) 5 through 8; and
5. A review of the effects of building exclusive waterworks upon persons holding existing water
rights: Provided, That this shall
not apply to cases where permission to exploit or use water-intake
sources is obtained under any other Act or subordinate statute,
such as the Groundwater Act.
Article 58-2 (Requirements for Authorization of Exclusive Waterworks)
Any person who intends to obtain
authorization of exclusive waterworks as prescribed by Article
52 (1) of the Act shall meet all of the following requirements:
1. To meet standards for facilities under Article 29: Provided, That standards for facilities pursuant
to paragraph (1) 2, 3, 5 or
6 of the same Article shall apply only to cases where the relevant
facilities are necessary; and
2. To obtain consent from persons holding existing water rights, if such authorization will clearly
inflict losses thereon: Provided,
That this shall not apply to cases where permission to exploit
or use water-intake sources is obtained under any other Act or subordinate
statute, such as the
Groundwater Act.
[This Article Newly Inserted by Presidential Decree No. 20846, Jun. 20, 2008]
Article 59 (Matters of which Modification Requires
Authorization for Exclusive Waterworks)
The term "important matters prescribed by Presidential Decree" in Article 52 (2) of the
Act means
any of the following matters:
1. The location of water source or forebay, and the methods of purifying water;
2. A map of location of water services facilities and ground plans; and
3. The maximum volume of water to be supplied per day and the average volume of water to be
supplied per day (excluding cases where
the volume of decrease or increase shows less than 1/10).
Article 60 (Affairs, etc. of Association)
The Association shall perform the following affairs:
1. Making proposals and providing advice with respect to policies on and administration of water
services (including sewage; hereafter
the same shall apply in this Article);
2. Collecting statistics with respect to water services and publishing books related thereto;
3. Surveying and researching on, and propagating the development of water supply-related technology
and water services;
4. Researching on and propagating standards for water services facilities and for the design thereof,
and official instructions;
5. Public relations, education, and in-service training for water services;
6. International exchanges relating to water supply;
. Waterworks & Sewerage
2. Enforcement Decree of the Water Supply and Waterworks Installation Act
547
7. Promoting the welfare of members of the Association and protecting their rights and interests;
8. Researching standard requirements for water supply-related machinery and materials, setting standards
for organizations, and testing
and certification;
9. Evaluation of technology and technical support for water services facilities; and
10. Other matters commissioned by the Minister of Environment, or prescribed by the articles of association.
Article 61 (Supervision
over Association)
(1) The Minister of Environment shall supervise the affairs of the Association.
(2) Where the Minister of Environment deems necessary
for supervision pursuant to paragraph (1),
he/she may request the Association to submit necessary materials.
Article 62 (Enforcement
of Safety Supervision for Water-Purification Plants)
(1) The Minister of Environment may implement a system to evaluate the operation
of water-purification
plants and the status of management of the facilities therein, in order to establish a safety supervision
for water-purification plants.
(2) Matters necessary for the administration of an evaluation system referred to in paragraph (1) shall
be prescribed and published
by the Minister of Environment.
Article 63 (Delegation or Entrustment of Compulsory Collection)
Any local government, which intends
to delegate or entrust the compulsory collection of tap-water
usage fees, etc. in accordance with Article 68 (2) of the Act, shall
send delegated or entrusted local
government documents, stating the following matters:
1. The former and present addresses of persons who shall pay fees;
2. The amount to be paid and the deadline for the payment thereof;
3. Whether demand notes or notices have been issued and, if issued, the dates of issuance; and
4. Other matters for reference.
Article 64 (Scope of Usage of Revenues)
The term "matters prescribed by Presidential Decree" in Article 69 of the Act means the following:
1. Subsidies or loans provided to cover expenses incurred in cleaning, refurbishing or replacing water
supply facilities under Article
21 (4) of the Act;
2. Subsidies provided to cover expenses incurred in conducting a water-quality inspection under Article
33 (2) of the Act; and
3. Partial subsidies provided to cover expenses incurred in installing water pipes under provisions
on supply under Article 25.
Article 65 (Expenses to be Levied on Persons Incurring Such Expenses)
(1) In order to levy waterworks expenses on a person who has
incurred such expenses (including
a person who has incurred waterworks expenses to build new or more water services facilities,
as
a result of building facilities which use a large volume of tap water, such as housing complexes and
industrial complexes),
as prescribed by Article 71 (1) of the Act, a water services provider shall have
prior consultation with the person on whom such
expenses are to be levied with regard to standards
for the computation of such expenses prescribed by Article 71 (2) of the Act
and the method of payment
thereof. In such cases, if such consultation does not lead to agreement, the water services provider
may determine such amount in consideration of anticipated expenses necessary for waterworks.
(2) Where intending to levy waterworks expenses on a person who has incurred such expenses as
prescribed by paragraph (1), a water
services provider shall compute anticipated waterworks expenses,
and issue the person on whom such expenses are to be levied a written
notice stating the amount
of expenses and the deadline and place for payment thereof.
(3) Expenses to be levied on a person who has incurred such expenses in accordance with paragraph
Reproduced from statutes of Republic
of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
548
(1) shall be the aggregate of the following:
1. The cost of building new or additional water services facilities;
2. Costs for restoration of facilities to their original state;
3. The amount of money corresponding to usage fees for tap water which became unusable due
to the cleaning, etc. of water services
facilities;
4. Expenses for water wagons used due to the suspension of water supply;
5. Expenses for the restoration of roads to their original state and for freeze prevention of roads;
6. Expenses for vehicles used and personnel called into services for restoration works; and
7. Other expenses, etc. for public relations.
(4) Where intending to levy waterworks expenses on a person who has inflicted damage
to water
services facilities in accordance with Article 71 (1) of the Act, a water services provider shall compute
expenses for
repair and maintenance of water services facilities or expenses to build damage prevention
facilities, and issue the person on whom
such expenses are to be levied a written notice stating the
amount of expenses, and the deadline and place for payment thereof.
(5) Expenses to be levied on a person who has incurred such expenses in accordance with paragraph
(4) shall be the aggregate of
each of the following subparagraphs:
1. The amount of money corresponding to usage fees for tap water which has leaked or become
unusable due to damage, etc. to water
services facilities; and
2. Expenses prescribed by paragraph (3) 2, and 4 through 7.
(6) The detailed criteria necessary for the computation of expenses prescribed
by paragraphs (3) and
(5) shall be prescribed by Municipal Ordinances of the relevant local government.
Article 66 Deleted.
authority as prescribed by Articles 49, 50 and 63 through 65 of the Act.
(2) Under Article 78 of the Act, the Minister of Environment shall delegate the following authority
to Mayors/Do governors. In such
cases, authority prescribed by subparagraph 3 (a) shall be delegated
to Do governors, and authority prescribed by subparagraph 3
(b), to the Special Metropolitan City
Mayor or Metropolitan City Mayors:
1. Designation or modification of water source preservation areas under Article 7 (1) and (2) of the
Act, or issuing public notices
thereon;
2. Removal of equipment under Article 13 (2) of the Act, taking other necessary measures or suspending
the supply of tap water;
3. Authority set forth in the following items among those prescribed by Articles 17, 42, and 63 through
65 of the Act:
(a) Authorization of wide-area water services or local water services, built by a local government,
the facilities of which have
a capacity of 10,000 tons or less per day, or permission for the
cessation or suspension thereof; revocation of authorization granted
to such wide-area water
services provider or local water services provider and issuance of other necessary orders; and
(b) Authorization
of wide-area water services or local water services, built by a local government,
. Waterworks & Sewerage
2. Enforcement Decree of the Water Supply and Waterworks Installation Act
549
the facilities of which have a capacity of 100,000 tons or less per day, or permission on the
cessation or suspension thereof; revocation
of authorization granted to such wide-area water
services provider or local water services provider and issuance of other necessary
orders; and
4. Approval of the purchase of water services facilities, etc. in accordance with Article 44 (1) of
the Act.
(3) The Minister of Environment shall delegate the following authority to the head of a basin environmental
office or the head of
a regional environmental office in accordance with Article 78 of the Act:
1. Evaluation of the state of management of water source preservation areas prescribed by Article
8 (3) of the Act; and
2. Orders issued to improve the management of water services as prescribed by Article 62 of the
Act, or other orders to take necessary
measures.
(4) Under Article 78 of the Act, the Minister of Environment shall commission affairs related to examinations
for certified water-purification
facility managers under Article 24 (1) of the Act to the Human Resources
Development Service of Korea under the Human Resources
Development Service of Korea Act.
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions
of subparagraphs 1 and
2 of Article 22 shall enter into force on September 28, 2007, those of Articles
65 and 66 on January 4, 2008, and those of Article
30 on June 30, 2009.
Article 2 (Transitional Measures for Enforcement Date)
Under the proviso to Article 1 of this Addenda, until
the amended provisions of subparagraphs 1 and
2 of Article 22, Articles 30, 65 and 66 enter into force, the corresponding former
provisions of subparagraphs
1 and 2 of Article 13, Articles 18-2, 35 and 36 shall apply.
Article 3 (Transitional Measures for Materials
Used for Water Services)
Materials used for water services, which fall under standards, as of March 1, 1998, in accordance
with
the former provisions (referring to those prior to the amendment made by Presidential Decree
No. 15659), shall be deemed to meet
standards in accordance with the amended provisions of Article
30.
Article 4 (Special Cases for Examinations for Certified Water-Purification Facility Managers)
Notwithstanding the amended provisions
of Article 42, any person who has passed an examination
for water-purification plant operators, which has been held by the president
of the Korea Water and
Wastewater Works Association prior to June 29, 2006, shall be exempted from the first test in an
equivalent
grade for an examination for certified water-purification facility managers, which is held
by December 31, 2007.
Article 5 (Amendment of Other Acts or Subordinate Statutes)
In cases where the former Enforcement Decree of the Water Supply and
Waterworks Installation Act
or the provisions thereof have been cited in other Acts or subordinate statutes at the time when this
Decree enters into force, and corresponding provisions exist in this Decree, this Decree or corresponding
provisions in this Decree
shall be deemed to have been cited in lieu of the former provisions.
ADDENDA
This Decree shall enter into force on January 4, 2008.
Article 2 (Applicability)
The amended provisions of Articles 41 through 43 and annexed Table 3 shall apply from the first
Reproduced from statutes of Republic
of Korea
Copyright 1997 by the Korea Legislation Research Institute, Seoul, Korea
550
examination for certified water-purification facility managers publicly announced after this Decree enters
into force.
Article 3 (Transitional Measures for Renaming of Grades of Examinations for Certified Water-Purification Facility
Managers)
Any person who has passed Grade, , or examination for certified water-purification facility
managers under the former provisions
at the time when this Decree enters into force shall be deemed
to have passed Grade, , or examination for certified water-purification
facility managers under
the amended provisions of Articles 41 and 42 and annexed Table 3.
ADDENDA
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA
This Decree shall enter into force on April 7, 2008.
Articles 2 through 4 Omitted.
ADDENDA
This Decree shall enter into force on May 26, 2008.
Articles 2 through 6 Omitted.
ADDENDUM
This Decree shall enter into force on December 6, 2008.
Articles 2 and 3 Omitted.
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