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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ENVIRONMENTAL HEALTH AND COMMUNITIES’ RIGHT TO KNOW

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON ENVIRONMENTAL HEALTH AND COMMUNITIES’ RIGHT TO KNOW

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to protect and preserve the health of citizens and the ecosystem from environmental pollution and toxic chemicals by investigating and diagnosing the effects of and damage from environmental pollution, toxic chemicals, etc. to the health of citizens and on the ecosystem, thus preparing measures to prevent and reduce such effects and damage and ensuring citizens' right to know in accordance with the precautionary principle.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "environmental health" means the practice of investigating, assessing, preventing, and controlling the effects of environmental pollution, toxic chemicals, etc. (hereinafter referred to as "environmentally hazardous factors") on human health and the ecosystem pursuant to subparagraph 1 of Article 2 of the Environmental Health Act (hereinafter referred to as "Act");
2. The term "environmental disease" means a disease found by epidemiological investigations, etc. to be interrelated with environmentally hazardous factors, and determined by subparagraph 2 of Article 2 of the Act;
3. The term "risk assessment" means activities of systematically reviewing and assessing exposure to environmentally hazardous factors and toxicity information of environmentally hazardous factors to forecast the effects of environmentally hazardous factors on human health or the ecosystem;
4. The term "epidemiological investigation" means the activities of diagnosing the cause of harm to health by identifying how much harm, including diseases and deaths, occurred to the health and verifying the interrelation between environmentally hazardous factors and diseases in cases where harm has occurred or is likely to occur to the health due to environmentally hazardous factors in a specific population group or a specific area;
5. The term "environmental media" means the air, water, soil, etc. which transmit environmentally hazardous factors to a receptor;
6. The term "receptor" means the ecosystem, including humans, animals and plants, which is affected by environmentally hazardous factors transmitted through environmental media;
7. The term "chemical requiring preparation for accidents" means a chemical highly likely to cause a chemical accident due to its high acute toxicity, explosiveness, etc. or likely to cause severe damage where a chemical accident occurs, as designated and publicly notified by the Minister of Environment pursuant to Article 39 of the Chemicals Control Act because he/she deems it necessary to make preparation for possible chemical accidents caused by such chemical;
8. The term "right to know" means the right for citizens to obtain, understand, and discuss enough information to make their own decision on measures necessary to check the status of risks or avoid risks for the purpose of protecting the health and property of citizens themselves and their families, neighbors, and colleagues and the environment from environmentally hazardous factors.

Article 3 (Basic Principles) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") shall pursue environmental health policies in accordance with the following basic principles:
1. Adequate measures and policies shall be prepared to prevent effects on a receptor to an economically and technically feasible extent until harmlessness of an environmentally hazardous factor is finally demonstrated, even where scientific interrelation between the relevant environmentally hazardous factor and damage to the receptor is not clearly demonstrated;
2. Classes, such as children, pregnant women and nursing mothers, and older persons, who are sensitive to exposure to environmentally hazardous factors and citizens in regions having serious environmental pollution shall be preferentially protected and cared for;
3. Plans and polices for each environmental medium shall be consolidated and adjusted from the standpoint of protection of receptors;
4. The population groups affected by environmentally hazardous factors shall be allowed to participate in relevant policy-making processes by methods such as being provided with suitable information about risks, etc.

Article 4 (Relationship with Other Statutes and Ordinances) (1) Except as otherwise specifically provided for in the Act, the Chemicals Control Act and other statutes or ordinances concerning environmental health and chemicals, this Ordinance shall be abided by.
(2) Notwithstanding paragraph (1), this Ordinance shall not apply to matters concerning the safety and health of employees in businesses or places of business under the Occupational Safety and Health Act.

Article 5 (Responsibilities of Mayor) (1) The Mayor shall be constantly aware of effects of environmentally hazardous factors on a receptor, and formulate and implement policies necessary for protecting a receptor from environmentally hazardous factors.
(2) The Mayor shall enhance education and publicity concerning environmental health, and actively participate and cooperate in efforts for the development of environmental health.
(3) In implementing major policies, the Mayor shall endeavor to build an organic cooperation system with related institutions, civic groups, etc. and to reflect their opinions when necessary.
(4) The Mayor shall systematically collect, process, and publish information on environmentally hazardous factors to ensure citizens' right to know.

Article 6 (Responsibilities of Business Operators) (1) A business operator shall take necessary measures, such as proper maintenance of equipment and facilities, education for employees, technological development, and exchange of hazard and risk information, so as to prevent damage of environmentally hazardous factors occurring due to economic activities to the health and property of citizens and the environment.
(2) A business operator shall take necessary measures to prevent risks posed by commodities, etc. to the life, body or property of consumers and citizens.
(3) A business operator shall actively participate in and cooperate with the Seoul Metropolitan Government's and the relevant autonomous Gu's policies for the prevention of and systematic response to environmental pollution and chemical accidents.

CHAPTER II PREVENTION AND CONTROL OF ENVIRONMENT-RELATED HARM TO HEALTH Article 7 (Formulation, Implementation, etc. of Environmental Health and Chemicals Management Plans) (1) The Mayor shall formulate and implement an environmental health and chemicals management plan of the Seoul Metropolitan Government (hereinafter referred to as "management plan") every five years after review of the characteristics of the Seoul Metropolitan City, so as to efficiently execute an environmental health master plan established by the Minister of Environment pursuant to Article 6 of the Act (hereinafter referred to as "master plan") and to cope with and respond to accidents occurring due to environmental pollution and chemicals.
(2) The Mayor shall collect opinions from citizens and business operators in advance when necessary for the formulation of a plan and shall undergo deliberation thereon by the Environmental Health Committee of the Seoul Metropolitan Government (hereinafter referred to as "Committee").
(3) The Mayor may request the heads of autonomous Gus (hereinafter referred to as "heads of Gus") to submit relevant data necessary for the preparation of a plan. In such cases, the heads of Gus shall comply with such request unless justifiable reasons exist.
(4) The modification of a management plan under paragraph (1) shall undergo deliberation by the Committee.
(5) The Mayor shall include major details of a management plan in the Seoul Metropolitan Government's environmental preservation plan pursuant to Article 7 (3) of the Act.

Article 8 (Investigation, Research, and Data Building) (1) The Mayor shall conduct investigations and research necessary to formulate a management plan under Article 7 and other relevant policies.
(2) The Mayor may conduct an investigation on the actual situation of activity spaces, etc. for the groups of persons who are sensitive to exposure to environmentally hazardous factors, so as to secure basic data necessary for the formulation of environmental health policies pursuant to Article 14-2 of the Act.
(3) The Mayor shall collect, build, and use the data related to environmental health and chemicals, which are necessary to monitor and observe the environmental diseases and chemical accidents caused by environmentally hazardous factors.

Article 9 (Investigation on Status of Chemicals in Places of Business, etc.) (1) Where necessary for the safety of citizens and the preservation of the environment, the Mayor may, at his/her discretion, investigate the status of chemicals in the air, water, soil, living organisms, etc. around a place of business about which civil petitions are continuously filed.
(2) Places of business subject to investigation on the status of chemicals under paragraph (1), the procedure for such investigation, etc. shall be prescribed by rule.

Article 10 (Risk Assessment and Control of Environmentally Hazardous Factors) (1) The Mayor may conduct a risk assessment of environmentally hazardous factors and shall prepare measures to control environmentally hazardous factors where the relevant environmentally hazardous factors are found to exceed risk standards under Article 11 of the Act as a result of the risk assessment and are deemed to have other serious adverse effects on the health of citizens.
(2) Matters necessary for risk assessment and control, etc. shall be prescribed by the Act.

Article 11 (Epidemiological Investigation on Environment-Related Harm to Health and Actions Based on Results Thereof) (1) The Mayor may conduct an epidemiological investigation for the residents of any region whose health is likely or suspected to be harmed as a result of the occurrence of environmental diseases or environmentally hazardous factors.
(2) Those subject to epidemiological investigation and matters necessary for such investigation shall be determined by the Mayor after deliberation by the Committee.
(3) When completing an investigation under paragraph (1), the Mayor shall notify the head of the relevant Gu of the result thereof.
(4) The Mayor shall take necessary actions without delay to properly control environmental media and environmentally hazardous factors according to investigation results and may request the head of the relevant Gu to cooperate in matters under his/her jurisdiction.

Article 12 (Management of Children's Activity Zones and Children's Supplies) (1) The Mayor may establish safety control guidelines on environmentally hazardous factors that pose a threat to children's health in a children's activity zone and may recommend the owner or manager of facilities located in a children's activity zone to comply with such guidelines.
(2) The Mayor may establish safe product guidelines for children's supplies and shall organize information on children's products that comply with such guidelines.
(3) The Mayor may systematically organize information on the kinds and risks of environmentally hazardous factors contained in children's supplies, affecting children's health, pursuant to paragraph (2) and Article 24 of the Act and inform citizens of such information.

Article 13 (Comprehensive Environmental Health and Chemicals Information Center) (1) The Mayor may establish and operate a comprehensive environmental health and chemicals information center (hereinafter referred to as "center") so as to collect and produce information referred to in Article 24 and other information on environmentally hazardous factors and to provide education, publicity, etc. thereon for citizens.
(2) Matters concerning the establishment and operation of the center shall be prescribed by rule.

Article 14 (Entrustment of Affairs) (1) For the efficient management and operation of the center, the Mayor may entrust the management and operation of the center to a related institution, corporation, or organization.
(2) The period of trust management under paragraph (1) shall not be more than two years and may be extended where deemed necessary by the Mayor.
(3) The Seoul Metropolitan Government Ordinance on Entrustment of the Administrative Work to the Private Sector shall apply mutatis mutandis to other matters necessary for the trust management and operation of the center, such as the procedure and method for selecting the trustee, the period of trust management, etc.
(4) The Mayor may subsidize expenses necessary for the management and operation of the center within the budget.

CHAPTER III ENVIRONMENTAL HEALTH COMMITTEE Article 15 (Establishment Purpose and Functions of Environmental Health Committee) The Mayor shall establish and operate the Committee to ensure citizens' participation in the process of developing environmental health policies and to pursue such policies efficiently and shall have the Committee deliberate and render advice on the following matters:
1. Matters concerning the formulation and modification of a management plan under Article 7;
2. Matters necessary for investigations, etc. under Articles 8, 9, and 11;
3. Matters concerning the establishment and operation of the center under Article 13;
4. Matters concerning administrative and financial support under Article 26;
5. Policies on the promotion of environmental health;
6. Matters concerning education and publicity about environmental health;
7. Other matters the Mayor deems necessary in relation to environmental health.

Article 16 (Composition of Committee) (1) The Committee is composed of not more than 15 members including two co-chairpersons and one vice chairperson.
(2) The chairpersons and the vice chairperson of the Committee shall be elected from among the members of the Committee.
(3) Members of the Committee shall be commissioned by the Mayor from among the following persons:
1. Commissioned members: Members of the Seoul Metropolitan Council, persons with expertise in or experience and knowledge of environmental health, persons recommended by environmental health-related civic groups, persons engaged in environmental health-related industries, or persons equipped with legal knowledge;
2. Ex officio members: Director-General of the Citizens' Health Bureau, and Director-General of Air Planning.
(4) The term of office of the members of the Committee shall be two years, but the members may be recommissioned consecutively only twice: Provided, That members who are public officials shall hold office while they hold their official position.
(5) The Committee shall have one executive secretary to handle affairs concerning the operation of the Committee; the director of the division in charge of the operation of the Committee shall serve as executive secretary while the deputy director of the team in charge shall serve as clerk.

Article 17 (Duties, etc. of Chairperson) (1) The chairperson shall represent the Committee and exercise overall control over the affairs of the Committee.
(2) The vice chairperson shall assist the chairperson and shall act for the chairperson when the chairperson is unable to perform his/her duties due to any unavoidable reason.
(3) Where both the chairperson and the vice chairperson are unable to perform their duties due to any unavoidable reason, a member designated by the chairperson in advance shall act for the chairperson.

Article 18 (Grounds for Disqualification, Exclusion, Challenge, and Abstention of Members) (1) None of the following persons shall be a member of the Committee:
1. A person under adult guardianship, a person under limited guardianship, or a person who was declared bankrupt and has not yet been reinstated;
2. A person who was sentenced to imprisonment without labor or heavier punishment, for whom five years have not elapsed since the execution of such sentence was completed or the exemption from such sentence was made definite;
3. A person who was sentenced to imprisonment without labor or heavier punishment, for whom two years have not elapsed from the date the period of suspension of execution of such sentence expired;
4. A person who was sentenced to the suspension of sentence of imprisonment without labor or heavier punishment and is still in the period of suspension of such sentence.
(2) A member falling under any of the following shall be excluded from the Committee's deliberation and resolution:
1. Where the member or his/her current or former spouse is either a party to the relevant agenda item or a joint right holder or joint obligor with the party to the relevant agenda item;
2. Where the member is or was a relative of a party to the relevant agenda item;
3. Where the member has given testimony, made a statement, rendered advice, conducted research, provided service, or made an appraisal with regard to the relevant agenda item;
4. Where the member or a corporation to which the member belongs is or was an agent of a party to the relevant agenda item;
5. Where the member is deemed to have interests in the relevant agenda item.
(3) Where a party to the relevant agenda item finds it difficult to expect fair deliberation and resolution from a member, he/she may file an application with the Committee for challenging the member, and the Committee shall make a decision thereon by resolution. In such cases, the member against whom the application for challenge is filed shall not participate in such resolution.
(4) Where a member is subject to any ground for exclusion under paragraph (2), he/she shall voluntarily abstain from deliberating and resolving on the relevant agenda item.

Article 19 (Dismissal of Members) The Mayor may dismiss a member of the Committee in any of the following cases:
1. Where the member voluntarily wishes to be discharged from office;
2. Where the member is unable to perform his/her duties due to a disease requiring long-term treatment, at least six months of overseas travel, etc.;
3. Where the member has divulged confidential information learned in the course of performing his/her duties or has used such information for personal purposes;
4. Where misconduct is discovered in relation to the member's duties, or misconduct deemed inappropriate for maintaining his/her position as a member has been committed;
5. Where the member fails to voluntarily abstain from deliberation and resolution although he/she falls under those subject to filing an application for abstention as referred to in the subparagraphs of Article 18 (2);
6. Where the member is deemed unsuitable to be a member due to neglect of duties, injury to dignity, or other grounds.

Article 20 (Meetings) (1) A meeting of the Committee shall be convened by the chairperson where deemed necessary by the chairperson or requested by not less than 1/3 of the members of the Committee.
(2) A majority of the members of the Committee shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present.
(3) The Committee shall prepare and keep minutes and record the following matters in minutes.

Article 21 (Hearing of Opinions and Submission of Data) Where necessary, the Committee may require public officials and experts related to an agenda item to attend its meeting to hear their opinions or may request them to submit necessary data.

Article 22 (Allowance) Allowances may be paid to the members who have attended meetings of the Committee within the budget in accordance with the Seoul Metropolitan Government Ordinance on the Payment of Allowances and Travel Expenses.

Article 23 (Detailed Rules of Operation) Matters necessary for the operation of the Committee other than those prescribed by this Ordinance shall be determined by the chairperson after resolution by the Committee.

CHAPTER IV DISCLOSURE OF INFORMATION, EDUCATION AND PUBLICITY Article 24 (Disclosure of Information on Chemicals, etc.) (1) The Mayor shall disclose the following information to citizens:
1. Information on an environmental health and chemicals management plan under Article 7;
2. Information on the results of investigations under Articles 8, 9, and 11;
3. Information that may have a harmful effect on children's health under Article 12;
4. Where an environmental pollution accident or chemical accident occurs, information on the details and cause of such accident, measures for citizens' response to such accident, etc.; where impact assessment results exist, the information thereon;
5. Information on the location of places of business that handle chemicals requiring preparation for accidents designated and publicly notified by the Minister of Environment, and the volumes handled and discharged by such places of business; where environmental assessment results exist, the information thereon;
6. Information on a risk management plan for a business the place of business of which has been publicly notified to the relevant local residents;
7. Information on business operators related to the environmental nature, safety, etc. of commodities, etc.;
8. Other information deemed by the Mayor to be likely to affect citizens.
(2) The Official Information Disclosure Act shall apply mutatis mutandis to the disclosure of data under paragraph (1).

Article 25 (Education and Publicity, etc.) (1) The Mayor may provide education on environmental health, safe management of chemicals, etc. to enhance the professional expertise of public officials in charge of environmental health and chemicals management.
(2) The Mayor may provide environmental and safety education for chemical business operators, chemical handlers and users, etc.
(3) The Mayor shall endeavor to produce and disseminate data on environmental health and the safety of chemicals and promote education and publicity activities thereon in cooperation with educational institutions, private organizations and other related institutions.

Article 26 (Administrative and Financial Support) (1) The Mayor may provide administrative support and financial support within the budget for the following business operators, research institutions, organizations, and autonomous Gus:
1. A business operator who formulates and implements a self-management plan under Article 24-2 of the Act so as to reduce the use and sale of environmentally hazardous factors for children;
2. A research institution or organization or an autonomous Gu participating in projects to prevent, control, conduct research on, and investigate harm to the health of citizens due to environmentally hazardous factors.
(2) The Mayor may provide financial support for facilities for the safe management of chemicals, other than chemical handling facilities for which the duties of chemical handlers are prescribed by Article 5 of the Chemicals Control Act, within the budget.
(3) For environmental and safety education, etc. related to environmental health and chemicals, the Mayor may fully or partially subsidize expenses to educational institutions, private organizations or other related institutions under Article 25 (3) within the budget.

Article 27 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule.

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Period of Existence of Committee)
The period of existence of the Committee under Article 16 shall be five years.