Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

PROMOTION OF AND SUPPORT FOR WATER REUSE ACT

GENERAL PROVISIONSCHAPTER I

Act No. 10359, June 8, 2010

Article 1 (Purpose)

The purpose of this Act is to promote the efficient use of water resources through facilitating the reuse of wastewater, providing a more sustainable water resource, thus minimizing the deterioration of water supply, giving way to an improved quality of life. Article 2 (Definitions)

The definition of terms used in this Act shall be as follows:

1. "Reuse of water" means treating rain water, sewage water, or wastewater in water reuse facilities (herein referred to as "treated water") for use in daily life, as well as for industrial, agricultural, landscaping, and river maintenance purposes;

2. "Water reuse facilities" refer to rain-utilization facilities, water renewal systems, and treated sewage and wastewater-reuse facilities;

3. "Rain-utilization facilities" refer to those that gather and treat rainwater from the roofs of buildings, etc. for use;

4. "Water renewal facilities" refer to those that do not emit dirty water locally generated from individual facilities or projects that go into the public sewerage but are treated for individual or local reuse;

5. "Treated sewage water" refers to water treated at public sewage treatment plants defined under subparagraph 9 of Article 2 of the Sewerage Act;

6. "Treated wastewater" refers to water treated at wastewater terminal treatment plants defined under Article 48 (1) of the Water Quality and Ecosystem Conservation Act; PROMOTION OF AND SUPPORT

FOR WATER REUSE ACT

Laws on Green Growth, and Economic Investment in Korea 345 WATER REUSE PLANCHAPTER II

04_LawsConcerningGreenGrowth

7. "Treated sewage and wastewater-reusing facilities" refer to facilities, their attached facilities, and supply piping that treat sewage or wastewater for reuse; and

8. "Businesses to reuse treated sewage and wastewater" refer to businesses or establishments that treat treated sewage or wastewater, by treated sewage and wastewater-reusing facilities, for reuse and thereafter supply the treated water (hereinafter "retreated sewage and wastewater"). This provision does not apply to cases where the public sewerage management authority supplies retreated sewage and wastewater pursuant to Article 10."

Article 3 (Obligations of State, Local Governments, etc.) (1) The State shall strive to establish a plan and devise a rational policy to promote the reuse of water and provide necessary technical and financial support to local governments and parties establishing and operating water reuse facilities. (2) Local governments shall strive to devise and implement a policy to promote reuse of water in their jurisdiction; They shall also install and manage these facilities. (3) The public shall cooperate with the State and local governments in their policy for water reuse.

Article 4 (Relationship with Other Acts)

Matters regarding water reuse shall be dictated by this Act unless otherwise prescribed under other Acts.

Article 5 (Establishment of Basic Plan for Water Reuse) (1) The Minister of Environment shall establish and implement a comprehensive basic plan (hereinafter referred to as "basic water reuse plan") which shall be reviewed by the Water Reuse Policy Committee every ten years pursuant to Article 7 for the promotion of water reuse and for the facilitation of a systematic development of relevant technologies.

(2) When establishing or modifying the basic water reuse plan (excluding trivial alterations as prescribed by Ordinance of the Ministry of Environment), the Minister of Environment shall hear the opinions of the Special Metropolitan City Mayor, Metropolitan City Mayor, Do (province) Governor, Special Self-Governing Province 346 Ministry of Government Legislation

Governor (hereinafter the "Mayor/Do Governor") and then consult with the head of the appropriate central administrative agency.

(3) When establishing or modifying a basic water reuse plan under Article 2, the Minister of Environment shall notify the head of the appropriate central administrative agency and the Mayor/Do Governor thereof.

(4) When establishing a basic water reuse plan, the Minister of Environment shall ensure that it is in accordance with the comprehensive plan for national waterworks under Article 5 of the Water Supply and Waterworks Installation Act and the master plan for nationwide sewerage system under Article 4 of the Sewerage Act. (5) A basic water reuse plan shall address the following:

1. Matters regarding the conditions of water reuse;

2. Matters regarding the prospective supply and demand for treated water;

3. Matters regarding the basic direction and strategy to take to promote the water reuse policy;

4. Plan to develop and disseminate technological information on water reuse;

5. Matters regarding the calculation of expenses and raising of funds required for water reuse projects; and

6. Other matters prescribed by Presidential Decree for promotion of water reuse. (6) Five years after the establishment of a basic water reuse plan, the Minister of Environment shall review its validity and change it if necessary. (7) The Minister of Environment may ask the heads of the appropriate central administrative agencies, the Mayor/Do Governor, the head of Si/Gun (cities and counties), or the heads of appropriate agencies to provide necessary data to establish a basic water reuse plan.

Article 6 (Establishment of Management Plan for Water Reuse) (1) The Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor and the head of Si/Gun (excluding the county governors of metropolitan cities,) shall establish a plan to promote water reuse in their respective jurisdictions according to the basic water reuse plan (hereinafter known as "water reuse management plan") and have it approved by the Minister of Environment. The same shall apply when changing important matters prescribed by Presidential Decree. (2) When a sewerage system spans no less than two jurisdictions of the special city, metropolitan cities, provinces, or the special self-governing province, or cities or Laws on Green Growth, and Economic Investment in Korea 347 04_LawsConcerningGreenGrowth

counties (excluding the counties of metropolitan cities), the Mayor/Do Governor or the head of Si/Gun, as prescribed by Presidential Decree, shall establish a water reuse management plan.

(3) When establishing a water reuse management plan, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor, and the head of Si/Gun shall ensure that it is in accordance with the basic plan for waterworks installation and management under Article 4 of the Water Supply and Waterworks Installation Act, the framework plan for sewerage management under Article 5 of the Sewerage Act, and the master plan for terminal treatment facilities under Article 49 of the Water Quality and Ecosystem Conservation. (4) When approving a water reuse management plan or approving a modification thereto, the Minister of Environment shall consult with the head of an appropriate central administrative agency in advance.

(5) Once approval is received under paragraph (1), the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor, and the head of Si/Gun shall review the validity of the water reuse management plan every five years and change it if necessary.

(6) When establishing a water reuse management plan, the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor, and the head of Si/Gun shall base it on the basic urban planning under Article 18 of the National Land Planning and Utilization Act.

Article 7 (Establishment of Water Reuse Policy Committee, etc.) (1) The Water Reuse Policy Committee (hereinafter known as the "Committee") shall be established under the supervision and control of the Minister of Environment, and shall deliberate on important matters about water reuse. (2) The Committee shall deliberate on each of the following:

1. Matters regarding the creation and modification of a basic water reuse plan;

2. Matters regarding the improvement of water reuse systems;

3. Matters regarding development, use, and dissemination of technological information for water reuse; and

4. Other matters related to water reuse put to deliberation by the chairperson of the Committee.

(3) The Committee shall consist of not more than 20 members including the chairperson, 348 Ministry of Government Legislation

ESTABLISHMENT AND MANAGEMENT OF WATER REUSE FACILITIESCHAPTER III who shall be appointed by the Minister of Environment from among public officials of the appropriate central administrative agencies and people with extensive knowledge and experience about water reuse.

(4) The Vice Minister of Environment shall be appointed as chairman of the committee. (5) The Committee may have a working committee within it to investigate and conduct preliminary review of matters to be deliberated on by the Committee. (6) Matters regarding the composition, operation, etc. of the Committee and the working committee shall be prescribed by Presidential Decree. Article 8 (Establishment and Management of Rain-Utilization Facilities) (1) Parties intending to construct sports complexes, gymnasiums, and government office buildings prescribed by Presidential Decree (including extensions, remodeling, or reconstruction thereof of some specific or larger size prescribed by Presidential Decree) shall install and operate a rain-utilization facility and report the results of the installation to the Special Self-Governing Province Governor and the head of Si/Gun/Gu (cities, countries, and districts) (the head of Gu refers to the heads of autonomous gu districts) as prescribed by Ordinance of the Ministry of Environment. (2) The standards for facilities and management, and other necessary matters of rain-utilization facilities shall be prescribed by Ordinance of the Ministry of Environment.

(3) The owner or manager of a rain-utilization facility shall observe the standards for facilities and management under paragraph (2).

(4) If a party intending to construct a building pursuant to paragraph (1) fails to install and operate a rain-utilization facility, he may be ordered to do so by the Special Self-Governing Province Governor and the head of Si/Gun/Gu. (5) If the owner or manager of a rain-utilization facility violates the standards for facilities and management under paragraph (2), the Special Self-Governing Province Governor and the head of Si/Gun/Gu may order necessary measures such as the repair and maintenance of such facilities.

Article 9 (Establishment and Management of Water Renewal Facilities) (1) Parties intending to construct a building (including extensions, remodeling, or reconstruction Laws on Green Growth, and Economic Investment in Korea 349 04_LawsConcerningGreenGrowth

prescribed by Presidential Decree) or conduct a development project falling under any of the following subparagraphs shall install and operate a water renewal facility, so that no less than 10% of the water volume used can be reused solely or jointly as prescribed by Ordinance of the Ministry of Environment. They shall report the results of the installation to the Special Self-Governing Province Governor and the head of Si/Gun/Gu. This shall not apply to those that receive retreated sewage and wastewater for no less than 10% of the water volume used.

1. Buildings with a total floor area of no less than 60,000 engaged in the business of lodging and public baths defined under Article 2 (1) 2 and Article 3 of the Public Health Control Act;

2. Factory with a daily discharge of wastewater of no less than 1,500 under subparagraph 1 of Article 2 of the Industrial Cluster Development and Factory Establishment Act;

3. Development project of a tourism complex under subparagraph 7 of Article 2 of the Tourism Promotion Act;

4. Urban development project under Article 2 (1) 2 of the Urban Development Act;

5. Industrial complex development project under subparagraph 6 of Article 2 of the Industrial Sites and Development Act;

6. Housing site development project under the Housing Site Development Promotion Act; and

7. Other buildings or development projects of the types and of a specific or larger size prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), the development projects under subparagraphs 3 to 7 of the same paragraph shall apply only when executed by a party falling under any of the following subparagraphs:

1. The State or a local government;

2. Public institutions under Article 5 of the Management of Public Institutions Act; and

3. Local public enterprises under Article 3 of the Local Public Enterprises Act. (3) The Ministry of Environment shall issue an ordinance prescribing the standards for facilities and management and the standards for water quality of water renewal facilities, the calculation standards for the amount of water used in accordance with the main text other than each subparagraph of paragraph (1), the calculation standards for the total building floor area and discharge volume of wastewater in accordance with subparagraphs 1 and 2 of the same paragraph, and other necessary matters. 350 Ministry of Government Legislation

(4) The owner or manager of water renewal facilities shall observe the standards on facilities and management, etc. under paragraph (3). (5) Parties intending to install water renewal facilities shall have them designed and constructed by those registered in the design and construction business of treated sewage and wastewater-reusing facilities pursuant to Article 18 (hereinafter "designers and builders of treated sewage and wastewater-reusing facilities"). They may entrust the designers and builders of treated sewage and wastewater-reusing facilities with the management of their facilities.

(6) The owner or manager of water renewal facilities shall quarterly inspect the facilities for safety, water quality, and other matters prescribed by the Ordinance of the Ministry of Environment, and report the result/s thereof to the Special Self-Governing Province Governor and the head of Si/Gun/Gu.

(7) If a party constructing a building or executing a development project pursuant to paragraph (1) fails to install and operate a water renewal facility, the Special Self-Governing Province Governor and the head of Si/Gun/Gu may order such. (8) If the owner or manager of water renewal facilities violates the standards on facilities and management, etc. under paragraph (3), the Special Self-Governing Province Governor and the head of Si/Gun/Gu may order necessary measures, like repair and maintenance of facilities.

Article 10 (Supply of Retreated Sewage and Wastewater by Public Sewerage Management Authority)

(1) Each public sewerage management authority under Article 18 of the Sewerage Act (hereinafter known as the "public sewerage management authority") shall reuse retreated sewage and wastewater or supply it to parties that need it: Provided, that if treated sewage water meets the water quality standards for different uses under Article 14, it can be immediately reused or supplied. (2) To install treated sewage and wastewater-reusing facilities to reuse or supply retreated sewage and wastewater pursuant to paragraph (1), the public sewerage management authority shall obtain approval for its installation from the Minister of Environment as prescribed by Presidential Decree.

(3) The scope of reuse of retreated sewage and wastewater or facilities to which retreated sewage and wastewater is to be supplied under paragraph (1), the standards for the amounts of treated sewage water that must be treated to be retreated sewage and wastewater, and other necessary matters shall be prescribed by Presidential Decree. Laws on Green Growth, and Economic Investment in Korea 351 04_LawsConcerningGreenGrowth

Article 11 (Permission for Businesses to Reuse Treated Sewage and Wastewater) (1) Parties intending to engage in businesses to reuse treated sewage and wastewater other than the public sewerage management authority shall establish a business plan as prescribed by Presidential Decree and must apply for a business permit from the Minister of Environment. The same shall apply to modifying permitted matters (excluding trivial alterations as prescribed by Ordinance of the Ministry of Environment). (2) For permission obtained pursuant to paragraph (1) (including permission for change), the Minister of Environment shall make notification thereof as prescribed by Presidential Decree.

(3) The standards for permission under paragraph (1) shall be prescribed by Presidential Decree.

Article 12 (Legal Fiction for Approval under Other Acts, etc.) (1) Any public sewerage management authority receiving approval for installation under Article 10 or any party receiving permission to engage in a business to reuse treated sewage and wastewater under Article 11 shall be regarded as having obtained or completed permission, licensing, approval, designation, revocation, screening, consultation, and reporting falling under the following subparagraphs:

1. Occupancy and use permission of public waters under Article 8 of the Public Waters Management and Reclamation Act; authorization or reporting of an implementation plan for occupancy and use of public waters under Article 17 of the same Act; license to reclaim public waters under Article 28 of the same Act; authorization of an implementation plan to reclaim public waters under Article 38 of the same Act; and consultation or approval for reclamation of public waters under Article 35 of the same Act;

2. Permission for development acts under Article 56 (1) of the National Land Planning and Utilization Act;

3. Permission and consultation on diversion of the use of farmland under Article 34 of the Farmland Act;

4. Permission for road construction under Article 34 of the Road Act and permission for road occupancy under Article 38 of the same Act;

5. Permission for opening a private road under Article 4 of the Private Road Act;

6. Permission for acts within an area for anti-erosion or collapse work under Article 14 of the Work against Erosion or Collapse Act and revocation of designation of 352 Ministry of Government Legislation

an area for anti-erosion or collapse work under Article 20 of the same Act;

7. Permission for mountainous district diversion under Article 14 of the Management of Mountainous Districts Act;

8. Permission or report on cutting of standing timber, etc. under 36 of the Creation and Management of Forest Resources Act;

9. Permission for disposing of graves under Article 27 (1) of the Funeral Services, etc. Act;

10. Permission for diversion of the use of grassland under Article 23 of the Grassland Act; and

11. Permission for river works under Article 30 of the River Act and occupancy permission on rivers under Article 33 (1) of the same Act. (2) Parties intending to obtain a legal fiction for permission, etc. under paragraph (1) shall submit documentation required by applicable Acts when requesting approval for installation or permission to engage in a business to reuse treated sewage and wastewater. (3) When issuing approval for installation or permission to engage in a business to reuse treated sewage and wastewater, the Minister of Environment shall consult in advance with the head of an appropriate administrative agency if the business plan addresses the matters under each subparagraph of paragraph (1). The head of the appropriate administrative agency shall submit his opinion within the period prescribed by Presidential Decree from the date of being requested for consultation. Article 13 (Standards for Installing Treated Sewage and Wastewater-Reusing Facilities, etc.)

(1) Any public sewerage management authority installing treated sewage and wastewater-reusing facilities under Article 10 or any party receiving permission to engage in a business to reuse treated sewage and wastewater under Article 11 (hereinafter known as "operator of a business to reuse treated sewage and wastewater") shall have treated sewage and wastewater-reusing facilities designed and built by a designer and builder of treated sewage and wastewater-reusing facilities.

(2) Installation of treated sewage and wastewater-reusing facilities shall meet the scope and location of facility and other standards prescribed by Presidential Decree. (3) Apparatuses and materials used in the installation of treated sewage and wastewater-reusing facilities shall meet the standards prescribed by Presidential Decree. Laws on Green Growth, and Economic Investment in Korea 353 04_LawsConcerningGreenGrowth

Article 14 (Water Quality of Retreated Sewage and Wastewater) (1) Once construction of a treated sewage and wastewater-reusing facility is completed, the public sewerage management authority and any operator of a business to reuse treated sewage and wastewater shall test the water quality of retreated sewage and wastewater as prescribed by Presidential Decree and report the results thereof to the Minister of Environment.

(2) The standards for water quality for different uses, water quality management, and those regarding retreated sewage and wastewater shall be prescribed by an Ordinance of the Ministry of Environment.

(3) The public sewerage management authority and any operator of a business to reuse treated sewage and wastewater shall supply retreated sewage and wastewater pursuant to the standards for water quality for different uses under Article 2. Article 15 (Management of Treated Sewage and Wastewater-Reusing Facilities) (1) The public sewerage management authority and any operator of a business to reuse treated sewage and wastewater shall have a technician to maintain and manage the treated sewage and wastewater-reusing facility. Provided, that this shall not apply if maintenance of the facility is commissioned to a designer and builder of treated sewage and wastewater-reusing facilities.

(2) Necessary matters regarding the qualifications of technical maintainer, matters to observe, and such matters specified under paragraph (1) shall be prescribed by Ordinance of the Ministry of Environment.

Article 16 (Protection of Treated Sewage and Wastewater-Reusing Facilities) No party shall use retreated sewage and wastewater by connecting to the piping of retreated sewage and wastewater or alter or damage treated sewage and wastewater-reusing facilities without prior consent by the public sewerage management authority or by the operator of a business to reuse treated sewage and wastewater. Article 17 (Revocation of Permission, etc.)

The Minister of Environment may revoke the permit it granted under Article 11, to any operator of a business to reuse treated sewage and wastewater, under any of the following subparagraphs:

1. If it fails to supply retreated sewage and wastewater within six months after the expected 354 Ministry of Government Legislation

date of commencement of supply of retreated sewage and wastewater in the permitted business to reuse treated sewage and wastewater;

2. If permission or permission for change is obtained by misrepresentation or other fraudulent means; and

3. If construction of a treated sewage and wastewater-reusing facility of the permitted business to reuse treated sewage and wastewater has not commenced within one year after the expected date of commencement of construction or such construction is not completed within one year after the expected date of completion of construction. Article 18 (Registration of Design and Construction Business of Treated Sewage and Wastewater-Reusing Facilities)

(1) Any party intending to engage in the design and construction business of treated sewage and wastewater-reusing facilities shall register with the Special Self-Governing Province Governor and the head of Si/Gun/Gu as prescribed by Presidential Decree. This shall also apply to modifying registered matters (excluding trivial alterations as prescribed by Ordinance of the Ministry of Environment).

(2) Any party falling under any of the following subparagraphs shall be regarded as having registered pursuant to paragraph (1):

1. Party registered for a business prescribed by Presidential Decree from among construction businesses under Article 9 (1) of the Framework Act on the Construction Industry; and

2. Party registered for water pollution control facilities under Article 15 (1) of the Development of and Support for Environmental Technology Act. (3) Necessary matters regarding the registration, standards and procedures of the design and construction business of treated sewage and wastewater-reusing facilities, and such other matters under paragraph (1) shall be prescribed by Presidential Decree. Article 19 (Matters to Observe by Designers and Builders of Treated Sewage and Wastewater-Reusing Facilities)

The designers and builders of treated sewage and wastewater-reusing facilities shall observe each of the following:

1. It shall not allow a third party to design and build water renewal facilities or treated sewage and wastewater-reusing facilities under its business name or name, nor lend its registration certificate to a third party;

Laws on Green Growth, and Economic Investment in Korea 355 SUPPLEMENTARY PROVISIONSCHAPTER IV

04_LawsConcerningGreenGrowth

2. It shall design and build treated sewage and wastewater-reusing facilities pursuant to the standards under Article 13 (2) and (3);

3. It shall not subcontract an entire contracted project; and

4. It shall retain floor plans and documentation related to the business such as design and construction of treated sewage and wastewater-reusing facilities for five years. Article 20 (Revocation of Registration, etc.)

(1) If a designer and builder of treated sewage and wastewater-reusing facilities falls under any of the following subparagraphs, the Special Self-Governing Province Governor and the head of Si/Gun/Gu may revoke its registration or order suspension of all or part of the business for a period of up to six months; Provided, that such registration shall be revoked if it falls under subparagraph 1 or 2:

1. If registration or registration for change is made by misrepresentation or other fraudulent means;

2. If it concludes a new contract or disregards a business suspension order during a business suspension period;

3. If it operates its business without registering change; and

4. If it fails to observe any of the matters under Article 19. (2) The detailed standards for administrative dispositions under paragraph (1) shall be prescribed under an Ordinance issued by the Ministry of Environment. Article 21 (Charges of Retreated Sewage and Wastewater) The public sewerage management authority and any business operator of or supplier of retreated sewage and wastewater shall charge the parties receiving said supply in accordance with the ordinance issued by the Minister of Environment. In cases where the local government is the operator, it may charge in accordance with the ordinance issued by it.

Article 22 (Promotion of Research and Development, etc.) (1) The Minister of Environment may have appropriate specialized research institutes conduct research and development and subsidize necessary expenses to promote 356 Ministry of Government Legislation

development of technology for water reuse.

(2) The Minister of Environment may conduct the projects of the following subparagraphs to facilitate development, use, and dissemination of technology for water reuse:

1. Development projects and pilot application projects of new relevant technologies;

2. Projects to facilitate propagation of water reuse;

3. Projects for education on and publicity of water reuse; and

4. Other projects designated by the Minister of Environment to facilitate propagation of water reuse.

Article 23 (Financial Support, etc.)

(1) The State and local governments may subsidize or lend funds required for installation of rain-utilization facilities, water renewal facilities, and treated sewage and wastewater-reusing facilities to parties intending to install such. (2) Local governments may reduce water charges or sewerage charges of operators, owners or managers of facilities equipped with rain-utilization facilities or water renewal facilities or parties receiving supplies of retreated sewage and wastewater as prescribed by Municipal Ordinances.

Article 24 (Reporting and Inspection)

(1) When deemed necessary to confirm the matter under each of the following subparagraphs, the Minister of Environment or the Special Self-Governing Province Governor and the head of Si/Gun/Gu may have owners and managers of rain-utilization facilities and water renewal facilities, public sewerage management authorities, operators of businesses to reuse treated sewage and wastewater, and designers and builders of treated sewage and wastewater-reusing facilities make a report or submit data, and have appropriate public officials access corresponding facilities, etc. to inspect relevant documents, facilities, equipment, etc.:

1. Whether the standards for facilities and management, etc. under Article 8 (3) are met;

2. Whether the standards for facilities and management, etc. under Article 9 (4) are met;

3. Whether the standards for installation, etc. under Article 13 (2) & (3) are met;

4. Whether the standards for water quality under Article 14 (3) are met; and

5. Whether the matters to observe under Article 19 are met. Laws on Green Growth, and Economic Investment in Korea 357 PENAL PROVISIONSCHAPTER V

04_LawsConcerningGreenGrowth

(2) Public officials accessing and inspecting under paragraph (1) shall carry a certificate showing their authority and produce such certificate to relevant persons. Article 25 (Hearing)

The Minister of Environment or the Special Self-Governing Province Governor and the head of Si/Gun/Gu shall hold a hearing to issue a disposition under any of the following subparagraphs:

1. Revocation of business permit/s to reuse treated sewage and wastewater pursuant to Article 17; and

2. Revocation of registration of a design and construction business of treated sewage and wastewater-reusing facilities pursuant to Article 20 Article 26 (Delegation and Entrustment of Authority) (1) Part of the authority of the Minister of Environment under this Act may be delegated to the Mayor/Do Governor or the head of a local environmental agency as prescribed by Presidential Decree.

(2) Part of the tasks of the Minister of Environment under this Act may be entrusted to appropriate specialized institutes as prescribed by Presidential Decree. Article 27 (Penal Provisions)

A person who falls under any of the following subparagraphs shall be punished by imprisonment with prison labor for no more than two years or by a fine not exceeding ten million won:

1. Any person who engages in a business to reuse treated sewage and wastewater without permission or permission for change under Article 11 or received permission or permission for change through misrepresentation or other fraudulent means; and

2. Any person who engages in a design and construction business of treated sewage and wastewater-reusing facilities without registration or registration for change under Article 18 or made registration or registration for change through misrepresentation or other fraudulent means.

358 Ministry of Government Legislation

Article 28 (Fines for Negligence)

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

1. Any person who failed to observe an order of compliance in the installation and operation of a rain-utilization facility in violation of Article 8 (4);

2. Any person who failed to observe an order of compliance in the installation and operation of a water renewal facility in violation of Article 9 (7);

3. Any public sewerage management authority or operator of a business to reuse treated sewage and wastewater that installed a treated sewage and wastewater-reusing facility in violation of the installation standards under Article 13;

4. Any person who failed to make a report or submit data under Article 24 (1) or made a false report or submitted false data; and

5. Any person who rejected, interfered with, or obstructed access and inspection under Article 24 (1).

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

1. Any person who failed to install a rain-utilization facility in violation of Article 8 (1);

2. Any person who failed to install a water renewal facility in violation of Article 9 (1); and

3. Any person who violated the standards of water quality for different uses, of water quality management, and of water quality of retreated sewage and wastewater under Article 14 (2).

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

1. Any person who failed to run a rain-utilization facility under Article 8 (1);

2. Any person who violated the standards on facilities of a rain-utilization facility under Article 8 (2);

3. Any person who failed to implement an order to take measures regarding management of rain-utilization facilities in violation of Article 8 (4);

4. Any person who failed to run a water renewal facility in violation of Article 9 (1);

5. Any person who violated the standards on facilities and management under Article Laws on Green Growth, and Economic Investment in Korea 359 04_LawsConcerningGreenGrowth

9 (3);

6. Any person who failed to report the results of an inspection as to the safety and quality of water renewal facilities under Article 9 (6); or, any person who made a false report;

7. Any person who failed to implement an order to take measures under Article 9 (8); and

8. Any public sewerage management authority or operator of a business to reuse treated sewage and wastewater who failed to report the results of water quality inspection under Article 14 (1).

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

1. Any person who failed to report the results of installing a rain-utilization facility in violation of Article 8 (1);

2. Any person who failed to report the results of installing a water renewal facility in violation of Article 9 (1); and

3. Any person who failed to hire a technical maintainer in violation of Article 15 (1). (5) The fine for negligence under Paragraphs (1) to (4) shall be charged and collected by the Minister of Environment, the Special Self-Governing Province Governor, and the head of Si/Gun/Gu as prescribed by Presidential Decree. ADDENDA

Article 1 (Enforcement Date)

This Act shall enter into force one year from the date of its promulgation. Article 2 (Special Cases concerning Basic Water Reuse Plan) The initial basic water reuse plan under Article 5 shall be established within six months after this Act goes into force.

Article 3 (Transitional Measure concerning Installation and Operation of Rain-Utilization Facilities)

Rain-utilization facilities installed and under operation pursuant to Article 16 of the Water Supply and Waterworks Installation Act when this Act goes into effect shall be regarded 360 Ministry of Government Legislation

as rain-utilization facilities installed and under operation under Article 8 of this Act, and the results of their installation shall be regarded as having been reported pursuant to Article 8 (1).

Article 4 (Transitional Measure concerning Installation and Operation of Water Renewal Facilities)

(1) Water renewal systems installed and under operation pursuant to Article 26 of the Sewerage Act when this Act goes into effect shall be regarded as water renewal systems installed and under operation under Article 9 of this Act. (2) Orders of compliance and other acts by the Special Self-Governing Province Governor and the head of Si/Gun/Gu and reports of installation and other acts done to the Special Self-Governing Province Governor and the head of Si/Gun/Gu pursuant to Article 26 of the Sewerage Act before this Act goes into effect shall be regarded as having been done pursuant to Article 9 of this Act.

Article 5 (Transitional Measure concerning Installation and Operation of Treated Sewage and Wastewater-Reusing Facilities)

(1) Facilities used by public sewerage treatment plants installed and under operation pursuant to Article 21 of the Sewerage Act shall be regarded as treated sewage and wastewater-reusing facilities under Article 10 of this Act once this Act takes effect. (2) Facilities used by public sewerage treatment plants being installed pursuant to Article 21 of the Sewerage Act shall be subject to the installation standards, etc. of the Sewerage Act once this Act takes effect.

Article 6 (Special Case concerning Supply of Retreated Sewage and Wastewater by Public Sewerage Management Authority, etc.)

Article 10 shall not apply to public sewerage management authorities that operate public sewage treatment plants under Article 3 (2) of the Addenda of the Sewerage Act wholly amended by Act No. 8014.

Article 7 and 8 Omitted.