CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Rule is to provide for matters delegated by the Seoul Metropolitan Government Ordinance on Environmental Impact Assessment and matters necessary for the implementation thereof.

CHAPTER Ⅱ PROCEDURES FOR PREPARATION OF STATEMENT Article 2 (Preparation, etc. of Environmental Impact Statement) Where a person who intends to execute a project subject to environmental impact assessment (hereinafter referred to as "business operator") prepares a statement (hereinafter referred to as "statement") referred to in Article 7 (1) of the Seoul Metropolitan Government Ordinance on Environmental Impact Assessment (hereinafter referred to as the "Ordinance"), he/she shall prepare the statement pursuant to Article 12 (2) of the Enforcement Decree of the Environmental Impact Assessment (hereinafter referred to as the "Decree").

Article 3 (Preparation of Draft of Statement) (1) A draft of a statement referred to in Article 8 (2) of the Ordinance shall include the following:
1. The outline of the project;
2. The establishment of the area subject to environmental impact assessment;
3. Details of investigation into the present status of environmental impact assessment by field;
4. Analysis and assessment of the possible impacts for each alternative of the business plan;
5. Analysis of the unavoidable impacts on the environment and countermeasures against damage;
6. Where the project has gone through consultation on Pre-Environmental Review pursuant to Article 25 of the Framework Act on Environmental Policy, whether to reflect the results thereof;
7. The results of Pre-Environmental Review of an urban management plan (limited to the formulation of an urban management plan pursuant to Article 25 of the National Land Planning and Utilization Act).
(2) The publication by the Minister of Environment referred to in Article 21 (2) of the Decree shall apply to matters not prescribed by the Ordinance or the Rule concerning the preparation of a draft of a statement.
(3) When a business operator prepares and submits a draft of a statement, he/she shall submit it with a CD (compact disk) containing details of a draft of a statement.

Article 4 (Public Inspection, etc. of Draft of Statement) (1) The head of a Gu in charge pursuant to Article 8 (3) of the Ordinance (hereinafter referred to as the "head of a Gu in charge) shall send a draft of a statement to the head of a related administrative agency within two days from the date he/she receives the same, and publicize the following matters in a central daily newspaper and a local newspaper in the relevant area at least once, respectively, for public inspection by residents of an area subject to environmental impact assessment (hereinafter referred to as "residents") for not less than 20 days:
1. The outline of the project;
2. The period and the place of public inspection;
3. The time and method of submission of residents' opinions on whether to hold a public hearing.
(2) Notwithstanding the provisions of paragraph (1), where the head of an approval agency, etc. pursuant to Article 13 (2) of the Ordinance (hereinafter referred to as the "head of an approval agency, etc.") requests the head of a Gu in charge not to publicize and disclose the whole or any part of a draft of a statement for public inspection due to any of the following grounds, he/she may not publicize and disclose the whole or any part of the draft of the statement for public inspection. In such cases, the head of a Gu in charge shall notify the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") of such fact:
1. Where it is necessary for national security, such as the protection of military secrets;
2. Where disclosure is restricted by Acts and subordinate statutes.
(3) The head of a Gu in charge shall post the following documents on the information and communications network and the message board of the Gu in charge for the period of public inspection pursuant to paragraph (1) 2 and set up a public notice board in an area intended for a project in accordance with Table 1:
1. A summary of a statement and a draft of a statement pursuant to Article 8 (2) of the Ordinance;
2. A book of perusal of a draft of a statement in Form 1;
3. A written submission of opinions of residents in Form 2.
(4) Where the head of a Gu in charge fails to publicize a draft of a statement pursuant to paragraph (1) within 20 days from the date he/she receives the same in the absence of extraordinary circumstances, the head of an approval agency, etc. may publicize the draft of the statement for residents' inspection. In such cases, the head of an approval agency, etc. shall notify the head of a Gu in charge of such fact in advance.
(5) Where the head of an approval agency, etc. publicizes a draft of a statement pursuant to paragraph (4), the head of an approval agency, etc, shall be deemed to be the head of a Gu in charge in the application of paragraphs (1) through (3) and Articles 5 through 7.

Article 5 (Submission of Opinions, etc. on Draft of Statement) (1) A resident and the head of a related administrative agency who intends to submit his/her opinion pursuant to Article 8 (4) of the Ordinance shall submit his/her opinion from the commencement date until the expiration date of the period of public inspection. In such cases, a resident may include his/her opinion on whether to hold a public hearing.
(2) Where the head of a Gu having jurisdiction over the relevant area receives an opinion from a resident pursuant to Article 8 (4) of the Ordinance, he/she shall notify the head of a Gu in charge of such an opinion within three days from the expiration date of the period of public inspection.
(3) The head of a Gu in charge shall notify a business operator of the opinions submitted pursuant to paragraphs (1) and (2) and as to whether to hold a public hearing, within four days from the expiration date of the period of public inspection.

Article 6 (Holding of Presentation) (1) Where a business operator intends to hold a presentation pursuant to Article 8 (1) of the Ordinance, he/she shall publicize the following matters in a central daily newspaper and a local newspaper in the relevant area at least once, respectively, by not later than ten days prior to the expected presentation date and shall hold the presentation within 14 days from the date when the period of public inspection pursuant to Article 4 (1) begins. In such cases, where a project area falls across not less than two Gus, the presentation shall be held in each Gu, and where the business operator has consulted with the head of the relevant Gu, he/she may hold a joint presentation:
1. The outline of the project;
2. The time and place of holding of a presentation;
3. Other necessary matters.
(2) A business operator may request the head of a Gu in charge to include matters for publication concerning the holding of a presentation pursuant to paragraph (1) in the publication of a draft of a statement referred to in Article 4 (1), and the head of the Gu in charge shall comply with such request in the absence of extraordinary circumstances. In such cases, where the head of a Gu in charge has publicized matters for publication concerning the holding of a presentation together, such publication shall be deemed to have been made by the business operator pursuant to paragraph (1).
(3) Where a presentation publicized pursuant to paragraph (1) or (2) has not been held due to a reason not attributable to a business operator, he/she may omit the presentation. In such cases, he/she shall publicize the reason, etc. for omission of the presentation, applying paragraph (1) mutatis mutandis thereto.

Article 7 (Holding of Public Hearing) (1) In any of the following cases, a business operator shall hold a public hearing pursuant to Article 8 (1) of the Ordinance:
1. Where not less than 30 residents have submitted opinions as to the need to hold a public hearing;
2. Where not less than five residents have submitted opinions as to the need to hold a public hearing, and not less than 50 percent of the total number of residents who have submitted opinions are in favor of holding a public hearing.
(2) Each business operator who intends to hold a public hearing pursuant to paragraph (1) shall publicize the outline of the project, the time and place of a public hearing, etc. in a central daily newspaper and a local newspaper in the relevant area at least once, respectively, by not later than 14 days prior to the expected date of the public hearing. In such cases, he/she shall consult with the head of a Gu in charge in advance about the time and place of a public hearing and the chairperson thereof, etc.
(3) Each business operator shall arrange the same number of testifiers in favor of the business operator and in favor of residents in holding a public hearing. In such cases, residents may recommend an expert and the chairperson of a public hearing shall arrange for the expert so recommended to state his/her opinion at the public hearing.
(4) Where a public hearing publicized pursuant to paragraph (2) is not held on two consecutive occasions, or it is held but fails to proceed normally due to a reason not attributable to a business operator, he/she may omit the public hearing. In such cases, the business operator shall publicize the reasons for omission of the public hearing and matters concerning the time and method of submission of opinions by those who intend to submit their opinions at the public hearing, applying paragraph (2) mutatis mutandis thereto.
(5) Each business operator shall notify the head of a Gu in charge of the result thereof according to Form 3 within seven days after the end of a public hearing.
(6) Where a business operator intends to hear broad opinions of experts and residents on the possible impacts of the execution of a project on the environment, etc. even in cases not meeting the necessary conditions for holding a public hearing referred to in paragraph (1), he/she may hold a public hearing in consultation with the head of the Gu in charge after the expiration of the period of public inspection pursuant to Article 4 (1). In such cases, paragraphs (2) through (5) shall apply mutatis mutandis to the methods of and procedures for the holding of such public hearing.

Article 8 (Utilization of Opinions Collected from Pre-Environmental Review) Where opinions collected at the time of consultation on Pre-Environmental Review pursuant to Article 8 (5) of the Ordinance falls under each of the following, procedures for the collection of opinions may be omitted:
1. Each business operator shall go through formalities corresponding to those for the collection of opinions under Articles 4 through 7 when he/she goes through formalities for the collection of opinions pursuant to Article 25-5 of the Framework Act on Environmental Policy;
2. Three years shall not have passed from the date when consultation on Pre-Environmental Review pursuant to Article 25-6 of the Framework Act on Environmental Policy is completed;
3. The scale of a project subject to environmental impact assessment shall not increase by at least 30 percent of the scale of a project at the time of consultation on Pre-Environmental Review or not less than the minimum scale of a project subject to environmental impact assessment pursuant to Table 1 of the Ordinance;
4. No site for facilities that have a considerable influence on the living environment of residents, such as wastes incineration facilities, wastes landfill facilities, waste water treatment facilities, etc., shall be added.

Article 9 (Re-Preparation, etc. of Draft of Statement) In any of the following cases, each business operator shall re-prepare a draft of a statement and collect further opinions pursuant to Article 9 pof the Ordinance:
1. Where the scale of a project or the scale of facilities increases by not less than 30 percent due to a change in a business plan;
2. Where the arrangement of a building in a building project, the public inspection of a draft of a statement of which has been completed, moves by not less than 30 percent of the total length from the center of the building ground in an easterly, westerly, southern or northern direction (detailed matters concerning this shall be prescribed by the Detailed Operating Rules for the Environmental Impact Assessment Deliberative Committee);
3. Where a business operator fails to submit a statement pursuant to Article 13 of the Ordinance within five years from the date when the period of public inspection of a draft of a statement expires.

Article 10 (Method of Report, etc. of Agent for Environmental Impact Assessment) (1) Each assessment agent who intends to prepare a statement, etc. under Article 10 (1) of the Ordinance for and on behalf of a business operator shall report using Form 4.
(2) Where there is a change in the representative, registered domicile, etc. of an assessment agent reported under paragraph (1), he/she shall report using Form 4.
(3) Where the Mayor receives a report of assessment agent referred to in paragraph (1), he/she shall issue a certificate of report in Form 5 within two days.
(4) A report of assessment agent shall be made only once when the first agency contract for environmental impact assessment is concluded.

Article 11 (Matters to be Complied with by Assessment Agent, etc.) (1) The period for keeping a statement, etc. and materials that serve as a basis for the preparation thereof pursuant to Article 12 (1) of the Ordinance shall be as follows:
1. A statement, etc.: Ten years after the completion of the relevant project or facilities;
2. Basic materials for the preparation of a statement, etc.: Five years after a business operator submits a statement, etc. to the Mayor or the head of an approval agency.
(2) Criteria for a falsely or poorly prepared statement, etc. pursuant to Article 12 (3) of the Ordinance shall be as set out in Table 2.

CHAPTER Ⅲ CONSULTATION ON STATEMENT AND POST MANAGEMENT THEREOF Article 12 (Submission of Statement) When the head of an approval agency, etc. requests the Mayor to consult on a statement, he/she shall submit 20 copies of the statement and 35 copies of a CD (compact disk) containing details of the statement to the Mayor.

Article 13 (Extension of Period of Consultation) In any of the following cases when the Mayor notifies details of consultation pursuant to Article 15 (1) of the Ordinance, he/she may extend the period of consultation only once:
1. Where a meeting is not held because members of the Committee fail to form the quorum;
2. Where it is difficult to hold a meeting of the Committee within the period due to a natural disaster or any other reason.

Article 14 (Filing of Objection) Where the head of an approval agency, etc. intends to file an objection pursuant to Article 16 of the Ordinance, he/she shall submit to the Mayor a written objection containing the following:
1. Details of and reasons for an objection;
2. Matters he/she intends to change among details of consultation and analysis of the possible impacts following the change.

Article 15 (Submission of Documents, etc. at Time of Examination of Plan for Environmental Preservation) (1) Each business operator who intends to undergo an examination on a change in a business plan, etc. not subject to re-consultation pursuant to Article 18 (2) of the Ordinance shall submit documents including each of the following to the head of an approval agency:
1. Details of a change in the business plan, etc.;
2. Analysis of the possible impacts following a change in the business plan, etc. and details of a plan for reduction thereof;
3. A copy of documents evidencing that the business operator has entered into a contract separate from other contracts for work, etc. pursuant to Article 10 (2) of the Ordinance.
(2) When a business operator formulates or examines a plan for environmental preservation pursuant to Article 18 (3) and he/she falls under any of the following, he/she shall seek opinions from the Mayor:
1. Where he/she changes the scale of a project or facilities subject to environmental impact assessment which has been reflected in details of consultation pursuant to Article 15 (1) of the Ordinance;
2. Where he/she changes details of consultation referred to in Article 18 (1) of the Ordinance.

Article 16 (Keeping, etc. of Management Ledger Stating Details of Consultation) (1) The management ledger stating details of consultation that a business operator is required to keep at a work site pursuant to Article 19 (3) of the Ordinance shall be based on Form 6.
(2) Each business operator shall keep a management ledger stating details of consultation referred to in paragraph (1) in the main office of a work site (where there are not less than two work sites, referring to the main office of each work site), and record and manage the items stated in the ledger.

Article 17 (Designation, etc. of Officer Responsible for Managing Details of Consultation) (1) Where a business operator intends to designate a management officer responsible for managing details of consultation pursuant to Article 19 (3) of the Ordinance, he/she shall follow Table 1 in Article 20 (1) of the Enforcement Rule of the Environmental Impact Assessment Act;
(2) Where a business operator designates or changes a management officer responsible for managing details of consultation, he/she shall notify the head of an approval agency and the Mayor of such designation or change within 20 days in accordance with Form 7.
(3) Where there are details of consultation that a business operator is required to implement even after the completion of work, he/she shall take necessary measures for the operator of the relevant facilities to implement such details of consultation.

Article 18 (Post Environmental Impact Assessment) (1) Target projects subject to Post Environmental Impact Assessment pursuant to Article 19 (4) of the Ordinance and the period of assessment shall be as set out in Table 3: Provided, That where the Mayor deems that an additional assessment is required, he/she may extend the period of assessment.
(2) Items subject to Post Environmental Impact Assessment shall be those referred to in the following subparagraphs, among items of environmental impact assessment pursuant to Article 29 (1) of the Ordinance:
1. Items for which environmental standards have been established pursuant to Article 6 (2) of the Ordinance;
2. Items for which environmental standards have not been established and the Mayor presents when he/she notifies his/her opinion on a draft of a statement pursuant to Article 8 of the Ordinance.
(3) Each business operator shall submit the results of assessment pursuant to paragraphs (1) and (2) in Form 8 to the Mayor and the head of an approval agency within 30 days from the date the period of assessment expires: Provided, That where the period of assessment exceeds one year, he/she shall submit the results of annual assessment by not later than January 31 of the following year.
(4) Where a business operator has an agent prepare the results of Post Environmental Impact Assessment pursuant to Article 10 (1) of the Ordinance for and on behalf of him/her and when he/she notifies the results thereof pursuant to paragraph (1), he/she shall submit a copy of documents evidencing the conclusion of a separate contract pursuant to Article 10 (2) of the Ordinance together with the results.
(5) The announcement of the Minister of Environment referred to in Article 33 (4) of the Decree shall apply to matters not prescribed by this Rule concerning Post Environmental Impact Assessment.

Article 19 (Notification of Commencement of Project, etc.) Each business operator shall notify the commencement of a project, etc. pursuant to Article 19 (5) of the Ordinance in accordance with Form 9 within 20 days from the date of accrual of the ground therefor.

Article 20 (Documents to be Submitted at Time of Devolution of Obligation to Implement Details of Consultation) Each business operator to whom the obligation to implement details of consultation is devolved pursuant to Article 19 (6) of the Ordinance shall submit documents stating the following matters to the head of an approval agency and the Mayor within 15 days from the date of devolution of such obligation:
1. Details of consultation and the status of the implementation thereof;
2. The time, content and reasons for the devolution.

Article 21 (Notification of Results of Confirmation on Implementation of Details of Consultation) (1) The head of an approval agency shall notify the Mayor of the results of post management, such as confirmation on whether a business operator implements details of consultation pursuant to Article 20 of the Ordinance, in accordance with Form 10 by not later than January 31 of the following year.
(2) The head of an approval agency shall notify approval, etc. pursuant to Article 20 (2) and (3) of the Ordinance within 20 days from the date he/she gives such approval, etc.

Article 22 (Exception to Suspension of Work) (1) Where the Mayor requests the suspension of work pursuant to Articles 20 (6) and 21 (3) of the Ordinance, the head of an approval agency, etc. shall comply with such request, but in any of the following cases, he/she shall make an exception of such case:
1. Where the safety of nearby roads, buildings, etc. is hindered when the work is suspended;.
2. In case of emergency, such as a disaster.

CHAPTER Ⅳ OPERATION OF ENVIRONMENTAL IMPACT ASSESSMENT DELIBERATIVE COMMITTEE Article 23 (Formation, etc. of Environmental Impact Assessment Deliberative Committee) (1) A meeting of the Environmental Impact Assessment Deliberative Committee of the Seoul Metropolitan Government pursuant to Article 22 (7) of the Ordinance (hereinafter referred to as the "Committee") shall be comprised of the chairperson and not less than ten members designated by the chairperson at each meeting.
(2) The chairperson shall call a meeting of the Committee and preside over its business.
(3) Where the chairperson is unable to perform his/her duties due to unavoidable circumstances, the vice chairperson shall perform the duties, and where both the chairperson and the vice chairperson are unable to perform such duties due to unavoidable circumstances, a member pre-designated by the chairperson shall perform the duties of the chairperson.
(4) Where the chairperson intends to call a meeting, he/she shall notify each member of the time, date, and venue of the meeting and the agenda items submitted for discussion by not later than seven days prior to the holding of the meeting: Provided, That this shall not apply in case of emergency.
(5) Each member designated pursuant to paragraph (1) shall prepare and submit his/her opinion of review of the relevant items to the chairperson by not later than three days prior to the holding of the meeting.
(6) Where necessary in connection with matters under deliberation, the Committee may request the head of an approval agency, etc. to submit materials or have a related person attend a meeting to seek his/her opinions.
(7) The Committee shall have one administrative secretary who is to conduct its administrative affairs.
(8) The head of a section or the officer in charge of the Committee shall serve as the administrative secretary.

CHAPTER Ⅴ SPECIAL CASES ON ENVIRONMENTAL IMPACT ASSESSMENT Article 24 (Period of Examination, etc. of Plan for Preparation of Environmental Impact Statement) (1) The head of a Gu in charge who has received a plan for preparation of an environmental impact statement pursuant to Article 25 (1) of the Ordinance (hereinafter referred to as "preparation plan") shall send the preparation plan to the head of a related administrative agency within two days from the date he/she receives the same.
(2) The head of a related administrative agency who intends to present his/her opinions pursuant to Article 25 (2) of the Ordinance shall submit his/her opinions to the head of a Gu in charge within seven days from the date he/she receives a preparation plan.
(3) The head of the Gu in charge shall notify the relevant business operator of his/her opinions within four days from the date he/she receives the opinions submitted pursuant to paragraph (2).

Article 25 (Establishment of Items of Priority Assessment) Each business operator shall include the following matters in items of priority assessment under Article 25 (3) 3 of the Ordinance:
1. Items of priority assessment announced by the Mayor pursuant to Article 29 (2) of the Ordinance;
2. Items of assessment that the business operator determines important in consideration of characteristics of the location of an area where he/she executes the relevant project.

Article 26 (Disclosure of Statement, etc.) Where the Mayor intends to disclose a draft of a statement, a draft of a re-prepared statement, a statement, etc. pursuant to Article 32 of the Ordinance, he/she shall disclose them on the Operation and Management System for Environmental Impact Assessment of the Seoul Metropolitan Government.

CHAPTER Ⅵ PENAL PROVISIONS Article 27 (Imposition and Collection of Fines for Negligence) Imposition standards of fines for negligence under the provisions of Article 34 (1) through (3) of the Ordinance are as set out in Table 4. <Newly Inserted by Enforcement Rule No. 3746, on Apr. 29, 2010>