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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON WATER SUPPLY AND WATERWORKS INSTALLATION

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON WATER SUPPLY AND WATERWORKS INSTALLATION

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary for the appropriate management of water supply by the Seoul Metropolitan Government, including water rates, the guidelines for the sharing of costs and expenses for the installation of water supply systems, and terms and conditions of water supply, pursuant to the Water Supply and Waterworks Installation Act and the Local Public Enterprises Act and matters necessary for the testing of the quality of drinking water pursuant to the Drinking Water Management Act.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 5765, Oct. 20, 2014>
1. The term "water supply system" means a set of apparatuses necessary for water supply, including water pipes (including indoor water pipes) branched from a water pipeline installed by a waterworks business entity in order to supply raw or purified water to ordinary consumers, water meters, water storage tanks, and faucets;
2. The term "water supply works" means works for the installation, alteration, repair, or removal of a water supply system;
3. The term "direct water supply" means supply of tap water produced by a water purification plant directly through faucets without conveying water through water storage facilities in a building;
4. The term "water consumer" means the user and the owner or manager of a water supply system;
5. The term "minimum rate per diameter" means the costs and expenses billed each month as those necessary for the maintenance and management of a water supply system according the diameter of a water meter;
6. Deleted; <by Ordinance No. 5009, Jul. 15, 2010>
7. The term "household" means a household, the members of which are registered as residents in a building and actually reside in the building;
8. The term "unit" means a unit of a building partitioned for separate dwelling;
9. The term "large amount of arrears for the preceding year" means arrears (limited to the arrears for the preceding year) specially prescribed by the Mayor among the arrears of water rates of at least one million won imposed by the director of each water supply office.

Article 3 (Water Supply Zone) The water supply zone shall correspond to the area within the jurisdiction of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"): Provided, That the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") may supply water to any area outside his or her jurisdiction, if deemed necessary for the public interest.

Article 4 (Classification of Water Supply Systems) Water supply systems shall be classified into the following categories:
1. Exclusive water supply system: A water supply system installed for supplying water to one unit or one place, including a water supply system for a multi-family residential building or similar;
2. Common water supply system: A water supply system installed for supplying water to residents in a community;
3. Fire-fighting water supply system: A water supply system installed for fire-fighting.

Article 5 (Attribution of Rights and Obligations) Rights and obligations arising in connection with a water supply system shall belong to the owner of a building or land in which the water supply system is installed.

CHAPTER II WATER SUPPLY WORKS Article 6 (Approval of Water Supply Works) (1) A person who intends to have tap water supplied shall file an application with the Mayor for prior approval and obtain such approval. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) A common water supply system may be installed by the Mayor or on beneficiaries' account for use, and matters concerning the guidelines for the installation of common water supply systems, the management of such systems, etc. shall be prescribed by rule of the Seoul Government.

Article 7 (Calculation Method of Cost of Water Supply Works) (1) In principle, the cost of water supply works shall be a fixed amount, and the amount per household or per building unit area shall be publicly notified by the Mayor separately.
(2) Notwithstanding paragraph (1), a consumer shall pay the costs and expenses actually incurred in any of the following works: <Amended by Ordinance No. 5987, Jul. 30, 2015>
1. Costs and expenses incurred in the installation of a separate water meter;
2. Costs and expenses incurred in the alteration, repair, or removal of an exclusive water supply system.
(3) Where works to increase the diameter of an inlet water pipe are required for the extension of a building, a fixed amount for such works shall be billed in proportion to the extended area (an area calculated by subtracting the area for which a fixed amount for works has been already paid from the gross floor area after extension).
(4) The Mayor may reduce the cost of water works for any of the following residential buildings within 50 percent of the cost of water works: Provided, That in cases of a house owned by an eligible recipient under the National Basic Living Security Act, the Mayor may exempt him or her from the total cost of water works: <Amended by Ordinance No. 5236, Jan. 5, 2012; Ordinance No. 5987, Jul. 30, 2015>
1. A residential building the total floor area of which is less than 45 square meters;
2. A residential building the owner of which intends to install a water supply system for its exclusive use among residential buildings using a public water supply system.

Article 8 Deleted. &#lt;by Ordinance No. 5009, Jul. 15, 2010&#gt;

Article 9 (Ownership of Water Supply Systems and Sharing of Costs and Expenses) (1) Water meters and all facilities buried outside the boundary of a building site, out of a water supply system, shall be donated by the applicant and owned by the Seoul Government, but if a water meter is installed outside the boundary of a building site, facilities installed in the section between the boundary of the building site and the water meter shall be owned by the water consumers: Provided, That the water meter for each unit shall be owned by the water consumers, if the managing entity of a multi-family residential building desires to independently manage the water meter installed in each unit of the multi-family residential building. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) Costs and expenses for outdoor facilities (water supply facilities outside the boundary of a building site and those in the section between the boundary of the building site and the water meter) shall be borne by the applicant: Provided, That costs and expenses for the replacement of a worn-out water meter, the repair of a water supply system, or the alteration of a worn-out water pipe shall be borne by the Seoul Government.

Article 10 (Advance Payment of Cost of Water Supply Works) (1) Upon obtaining approval of water supply works, an applicant shall pay the cost of the water supply works within the specified period. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) If an applicant fails to pay the cost of water supply works under paragraph (1) within the specified period, the application for the works shall be deemed cancelled.
(3) The cost paid in advance for water supply works shall be settled after completion: Provided, That the foregoing shall not apply to a fixed cost of water supply works.
(4) An amount refundable from the settlement under paragraph (3) may be set off against the water consumers' water bill not paid yet or for the following month.
(5) The Mayor may allow the payment of a cost of water supply works in installments during a specified period not exceeding six months for a residential building eligible for the reduction of the cost under Article 7 (4).

Article 11 (Planning and Implementation of Water Supply Works) (1) The Mayor shall be responsible for the planning and implementation of water supply works, but the scope of the planning of the water supply works shall be prescribed by rule of the Seoul Government.
(2) Water supply works shall be conducted by persons who are registered as construction business entities specializing in the installation of water supply and sewerage systems under the Framework Act on the Construction Industry.
(3) Except as provided in this Ordinance, the Framework Act on the Construction Industry shall apply mutatis mutandis to the contractors under paragraph (2).

Article 12 (Installation of Direct Water Supply Systems) (1) Water consumers who intend to have a direct water supply system shall submit a report to the Mayor in advance. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) The Mayor shall endeavor to supply water by any means other than a direct water supply system, if he or she deems that a direct water supply system is likely to create a problem in water supply systems in the neighborhood.
(3) Matters necessary for the installation of direct water supply systems or means other than direct water supply systems shall be prescribed by rule of the Seoul Government.

Article 13 (Installation of Separate Water Meters) (1) In principle, each exclusive water supply system shall be deemed one water supply system, but water meters may be installed in each household or in each store in any of the following cases, upon water consumers' request: Provided, That the foregoing shall not apply where it is difficult to secure a space for the installation of separate water meters:
1. Where pipes and facilities for water supply are separated and thus they are unlikely to be commingled one another;
2. Where no water bill is past due.
(2) A consumer who is not the owner of a building shall submit a written consent thereto of the owner of the building, when he or she files an application for the installation of a separate water meter pursuant to paragraph (1).
(3) Deleted. <by Ordinance No. 5009, Jul. 15, 2010>

Article 14 (Ex Officio Implementation of Water Supply Works) (1) The Mayor may ex officio implement construction works for a water supply system even without an interested party's request, if necessary to implement construction works, such as the relocation, repair, improvement, or removal of a water supply system or the restoration of a destroyed water supply system, as a consequence of various kinds of construction works or due to any other cause or event. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) Costs and expenses for the construction works under paragraph (1) and the rates for water leaked and drained out shall be borne by the person responsible for causing such.

Article 15 (Removal of Water Supply Systems) (1) The Mayor may remove a water supply system installed without approval.
(2) If a water supply system is likely to be destroyed as a consequence of the implementation of a public works project, such as an urban planning project, or due to any other cause or event, the Mayor may remove the water supply system.
(3) Water supply systems to be removed pursuant to paragraphs (1) and (2) shall belong to the Seoul Government.

CHAPTER III WATER SUPPLY Article 16 (Installation of Inlet Water Pipes and Water Meters) (1) The diameter of inlet water pipes, the diameter of water meters, and the location for the installation of such pipes and water meters shall be determined by the Mayor.
(2) The Mayor may change the diameter of water meters, if it is found that the diameter of the water meters already installed is not proper for the volume of consumption of tap water.

Article 17 (Installation of Check Valves) (1) A person who intends to conduct water supply works shall install a check value in the rear part of a water meter (or the water meter for each unit in a multi-family residential building) and take other necessary measures in order to prevent tap water from being polluted by a back flow. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) Water consumers shall cooperate in the installation, replacement, or repair of a check valve.
(3) The Mayor may install a check value in the rear part of a water meter (or the water meter for each unit in a multi-family residential building) at an extensive water supply system already installed.

Article 18 (Temporary Water Supply) (1) A person who intends to install a temporary water supply system for a construction project, etc. (hereinafter referred to "temporary water supply") may file an application for temporary water supply and install such system. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) A person who intends to have temporary water supply shall pay a guarantee deposit or submit a guarantee insurance policy, as prescribed by rule of the Seoul Government. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(3) Deleted. <by Ordinance No. 5009, Jul. 15, 2010>

Article 19 (Water Supply for Private Fire-Fighting Systems) (1) No private fire-fighting water supply system shall be used for any purpose other than fire-fighting or fire-fighting drills.
(2) When water customers use tap water from a private fire-fighting water supply system for a fire-fighting drill, they shall report it to the Mayor not later than three days before the date of the planned drill. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(3) The rates for tap water used for fire-fighting or a fire-fighting drill shall be paid at the rate at the first tier for business purpose, among the water rates referred to in attached Table 2.

Article 20 (Testing of Water Meters) (1) A water consumer may request the Mayor to test a water meter, if he or she determines the water meter has a defect.
(2) If it is found as a result of a test under paragraph (1) that an error exceeds the range of the allowable tolerance under the Measures Act, the consumption for the relevant month shall be corrected and a difference in the water bill already adjusted, if any, shall be settled accordingly.

Article 21 (Suspension of Water Supply and Restriction on Use) (1) If a disaster or a cause or an event beyond control occurs or if considered necessary for the public interest, the Mayor may fully or partially suspend water supply to the water supply zone or place a restriction on the use of water.
(2) A prior notice shall be given with regard to the suspension of water supply or the restriction on use under paragraph (1): Provided, That the foregoing shall not apply where there is good cause considered as emergency.
(3) The Mayor shall not be liable for any damage sustained by water consumers by the suspension of water supply or the restriction on use under paragraph (1).

Article 22 (Discontinuance of Water Supply and Disconnection of Water Supply Systems) (1) If necessary, a water consumer may request the Mayor to discontinue water supply or disconnect an exclusive water supply system.
(2) The Mayor may disconnect a water supply system in any of the following cases: <Amended by Ordinance No. 5987, Jul. 30, 2015>
1. Where a water consumer's whereabouts has been unknown for not less than four months;
2. Where a water consumer has used water supply for not less than four months without good cause;
3. Where a meter does not work properly or an accident is likely to occur to affect water quality due to cross-connection arising as a consequence of using ground water and tap water though one and the same pipeline;
4. Where a water supply system is destroyed as a consequence of the implementation of an urban planning project.
(3) The procedures for, and the period of, the suspension of water supply and the disconnection of an exclusive water supply system under paragraph (1) shall be prescribed by rule of the Seoul Government.

CHAPTER IV WATER RATES Article 23 (Collection of Water Rates) (1) The Mayor shall collect water rates from water consumers.
(2) Water rates shall be the aggregate of the minimum rate per diameter and the water consumption rate for each type of business under the Table of Classification of Types of Business to Which Water is Supplied in attached Table 1 and the Table of Water Rates in attached Table 2. <Amended by Ordinance No. 5236, Jan. 5, 2012>
(3) Water consumers shall be jointly liable for the payment of water rates.
(4) In charging the consumption rate and the minimum rate per diameter, the rates shall be calculated on a daily basis, if the number of water consumption days is less than one month, but any figure below two decimal places and the minimum rate per diameter of less than 10 won shall be written off. <Amended by Ordinance No. 5987, Jul. 30, 2015>

Article 24 (Application of Type of Business) (1) Where water supply for different types of business is measured by one water meter, the calculation of water rates shall be based on the type of business to which the higher rate is applicable.
(2) If the type of business for the purpose of water supply is changed, the calculation of water rates shall be based on the type of business for which the number of water consumption days is greater, and if the number of water consumption days is the same, the calculation of water rates shall be based on the type of business to which the higher rate is applicable.
(3) Where water consumption is measured separately in accordance with a report on the change of water consumer' type of business for the purpose of water supply, the water rates shall be calculated on a daily basis for each type of business for the purpose of water supply. <Amended by Ordinance No. 5987, Jul. 30, 2015>

Article 25 (Minimum Rate per Diameter) (1) The minimum rate per diameter shall be billed according to the diameter of a water meter: Provided, That if there is no water meter installed, an amount for the diameter of a water meter equivalent to the diameter of the inlet water pipe shall be billed.
(2) When water supply is discontinued, the minimum rate per diameter shall not be billed.
(3) Where both water meters for each unit and a main water meter are installed, the Mayor shall charge the minimum rate per diameter only for the water meters for each unit.

Article 26 (Decision on Collection of Consumption Rates) (1) The Mayor shall calculate a consumption rate according to the volume of consumption measured by a water meter and shall make a decision on collection on a bi-monthly basis: Provided, That such decision may be made separately, if considered necessary. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) Where water supply for the same type of business is measured by two or more water meters, the water rate shall be calculated by aggregating the volume of consumption: Provided, That the foregoing shall not apply where a building is partitioned for different purposes of use and there are two or more different consuming entities.
(3) Where water leaks or any similar event occurs, the consumption rate shall be determined by the method specified in attached Table 3: Provided, That it shall be limited to causes, such as underground or wall water leaks. <Amended by Ordinance No. 7268, Jul. 18, 2019>
(4) The Mayor may estimate the volume of consumption in any of the following cases, as prescribed by rule of the Seoul Government:
1. Where a water meter is defective;
2. Where it is impossible to read the volume consumed;
3. Where estimated metering is unavoidable.

Article 27 (Composition and Operation of Committee for Deliberation on Adjustment of Water Rates) (1) Each water supply office shall have a committee for the deliberation on the adjustment of water rates (hereinafter referred to as "committee") in order to deliberate on the reasonable adjustment of rates in response to civil petitions filed with regard to water bills.
(2) A committee shall be comprised of not less than seven but not more than ten members, including the chairperson, and the director of a water supply office shall serve as the chairperson, while committee members shall be commissioned by the director of the water supply office from among managers of the water supply offices and citizens who have interest and much knowledge in tap water. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(3) Matters subject to the deliberation by the committee shall be the following civil petitions, among civil petitions filed with regard to excessively billed rates, and a majority of members of the committee shall constitute a quorum, and any decision thereof shall require the concurrent vote of a majority of those present: <Amended by Ordinance No. 5987, Jul. 30, 2015>
1. Where the volume of consumption has increased significantly more than the average volume of consumption at an ordinary time;
2. Where a water meter is not deemed abnormal;
3. Where no cause attributable to the customer has been discovered with regard to an increase in the volume of consumption;
4. Where no cause of an increase in the volume of consumption has been discovered as a result of an inspection on any violation of the Ordinance.
(4) Other matters necessary for the convening of and presiding over meetings and the operation of the committee shall be prescribed by rule of the Seoul Government.

Article 28 (Deadline for Payment and Collection Method) (1) The deadline for the payment of a water rate shall be the end of each month. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) In principle, water rates shall be notified and collected bi-monthly: Provided, That a different deadline for payment may be specified, if deemed necessary by the Mayor due to the suspension of water supply, the disconnection of a water supply system, etc. <Amended by Ordinance No. 5987, Jul. 30, 2015>

Article 29 (Division of Households) (1) Where two or more households use tap water measured by a single water meter in one residential house or unit, the volume of consumption of each household shall be determined by averaging the volume of consumption measured, but the number of households shall not exceed the number of rooms for dwelling: Provided, That the foregoing shall not apply to a building falling under Article 28 (4) of the Enforcement Decree of the Local Tax Act. <Amended by Ordinance No. 5154. Jul. 28, 2011>
(2) Where two or more units in a multi-family residential building (including a single-roomed dwelling, multi-household house and welfare house for senior citizens) use tap water measured by one water meter, the volume of consumption of each unit shall be determined by dividing the volume of consumption measured by the number of units or the number of actually residing households, and the above formula shall also apply to a common water supply system through which tap water is not sold to individual persons. <Amended by Ordinance No. 5236, Jan. 5, 2012>
(3) In cases of a dormitory, social welfare accommodation facility, off-campus residential facility, etc., where no household is formed, the volume of consumption of water shall be calculated by dividing the volume of consumption by the number of rooms or units: Provided, That the foregoing shall not apply where water is jointly used with another type of business to which water is supplied. <Amended by Ordinance No. 5236, Jan. 5, 2012>
(4) If one water meter is used both for domestic purpose and for another type of business, the volume of consumption up to 15 cubic meters per month shall be deemed to be for domestic use, and the remaining volume shall be deemed to be for the relevant type of business.
(5) The common volume of consumption in a multi-family residential building in which both a main water meter and water meters for each unit are installed shall be determined by aggregating the average volume of consumption measured by the water meter in each unit and the average volume of common consumption in each unit.
(6) A person who intends to become eligible for the division of households shall file a report, as prescribed by rule of the Seoul Government. <Amended by Ordinance No. 5987, Jul. 30, 2015>

Article 30 (Settlement of Water Rates) (1) If there is a change in water consumers due to the sale of a building or land, the new water consumers and the former water consumers shall settle water bills between them, and the new water consumers shall pay the water rates: Provided, That the foregoing shall not apply where the title is transferred as a consequence of a judicial or public auction.
(2) Notwithstanding paragraph (1), the water rate for the volume of consumption of the former consumers may be separately notified, if a report is filed with the Mayor not later than 10 days before the date of acquisition.

Article 31 (Reduction of and Exemption from Water Rates) (1) The Mayor may fully or partially exempt water rates in any of the following cases: <Amended by Ordinance No. 4888, Nov. 11, 2009; Ordinance No. 5154. Jul. 28, 2011; Ordinance No. 5236, Jan. 5, 2012; Ordinance No. 5987, Jul. 30, 2015; Ordinance No. 6195, Mar. 24, 2016>
1. An area destroyed by a natural disaster;
2. An area in which unauthorized buildings are to be demolished;
3. An eligible recipient under the National Basic Living Security Act;
4. The minimum rates per diameter for fire-fighting water used for public purposes;
5. Deleted; <by Ordinance No. 5236, Jan. 5, 2012>
6. Schools under Article 2 of the Elementary and Secondary Education Act, if pre-existing water purifiers are removed and tap water from hot and cold water drinking water fountains, to which Arisu water is directly connected, is used as drinking water instead; school-type lifelong educational establishments, the graduates of which are recognized as having educational attainment under Article 31 (2) of the Lifelong Education Act; and national and public kindergartens under Article 7 of the Early Childhood Education Act (in cases of double reduction of or exemption from water rates, the higher rate shall apply);
7. Water consumers participating in the self-meter-reading program;
8. Water consumers who file an application for electronic notice;
9. The owner of a facility who installs and operates a rainwater harvesting system;
10. Other cases where the Mayor deems that there is a special ground for exemption for the public interest or in the course of the supply of tap water.
(2) Matters concerning the exemption rate of water rates, etc. shall be prescribed by rule of the Seoul Government.

Article 32 (Payment Notices) (1) Water rates shall be notified in the form of a Water Supply/Sewage Rate and Water Usage Charge bill but may be notified by electronic notice (e-mail) or mobile phone, at the request of a water consumer. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) Water rates under paragraph (1) may be notified together with other public charges, and in such cases the entrusting agency shall pay fees.

Article 33 (Management of Past Due Rates) (1) If a water consumer pays a water rate after the deadline for payment, he or she shall also pay a past due charge on a daily basis for one month from the date immediately following the deadline for payment, and such a past due charge may be billed in addition to the water rate payable by the next deadline for payment. <Amended by Ordinance No. 5948, Jul. 30, 2015>
* Past due charge = Water rate payable x (3/100) x (Number of days of past due/Number of days in the calendar month)
(2) In cases of paragraph (1), a notice of reminder with a specified payment deadline not exceeding 10 days shall be dispatched within 60 days immediately after the initial deadline for payment. <Amended by Ordinance No. 5948, Jul. 30, 2015>
(3) If a person fails to pay a past due water rate and a past due charge by the prescribed deadline for payment, such a rate and charge may be collected in the same manner as delinquent local taxes are collected and water supply may be suspended: Provided, That where a water consumer is not the owner of the building, the owner shall be notified of the default in payment before making a disposition.

Article 34 (Extinctive Prescription) The prescriptive period for water rates (including past due charges) and fees shall be three years in accordance with Article 163 of the Civil Act: Provided, That the prescriptive period for any charge other than water rates and fees shall be five years in accordance with Article 82 of the Local Finance Act.

CHAPTER V WATER QUALITY TEST Article 35 (Requesting Testing and Issuance of Test Results Report) (1) A person who intends to test the quality for drinking water, a water treatment chemical, or a material or product for waterworks may request the Mayor to conduct the test. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) Upon receipt of a request for the test under paragraph (1), the Mayor shall complete the test within 20 days from the date on which the test is requested: Provided, That the foregoing shall not apply where it is difficult to complete a test within 20 days due to the characteristics of the test. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(3) Standards for the test under paragraph (1) shall be as follows: <Amended by Ordinance No. 5049, Nov. 4, 2010; Ordinance No. 5154, Jul. 28, 2011>
1. Test of water quality: Standards under Article 2 of the Rule on the Standards of the Quality of Drinking Water and Tests, etc. Thereof: Provided, That the tests of the quality of dead water inside water pipes shall conform to the standards under Article 23 of the Enforcement Decree of the Water Supply and Waterworks Installation Act;
2. Test of water treatment chemicals: Standards publicly notified by the Minister of Environment pursuant to Article 36 (1) of the Drinking Water Management Act;
3. Test of materials and products for waterworks: Standards prescribed by Presidential Decree pursuant to Article 14 (1) of the Water Supply and Waterworks Installation Act.
(4) When the Mayor completes a test pursuant to paragraph (2) or (3), he or she shall issue a test results report to the person who requested the test. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(5) The test results described in a test result report shall be valid only for the samples tested, shall not be used in any advertisement or propaganda, and shall not be indicated on a container, package, or such.
(6) If a person violates paragraph (5), the person may be demanded to return the original set of the test results report issued or the test results report may be cancelled, and the name of the person, the reasons for cancellation, and the name of the product shall be publicly announced when such a report is cancelled. <Amended by Ordinance No. 5987, Jul. 30, 2015>

Article 36 (Selection of Monitoring Items) (1) When the Mayor intends to make tests of the quality of tap water more stringent pursuant to Article 26 (3) of the Water Supply and Waterworks Installation Act, he or she shall select monitoring items in accordance with the following criteria: <Amended by Ordinance No. 5987, Jul. 30, 2015>
1. Items from which the detection of contaminants is highly probable as a result of self-testing;
2. Items for which testing is considered necessary because they have created a social problem;
3. Items that have created a problem internationally and thus from which the detection of contaminants is probable also in the Republic of Korea.
(2) The criteria for the selection under paragraph (1), the standards of water quality, the testing methods, matters subject to testing, testing cycle, etc. shall be prescribed by rule of the Seoul Government, in consideration of the relevant regulations of the World Health Organization and other practices in foreign countries. <Amended by Ordinance No. 5316, Jul. 30, 2012; Ordinance No. 5987, Jul. 30, 2015>

Article 37 (Test of Quality of Tap Water) (1) The Mayor may indicate test results at the tested water supply facility, when he or she conducts a test of the quality of tap water pursuant to Article 21 (2) of the Water Supply and Waterworks Installation Act, and may demand the owner or the manager of the facility to make improvements, if the test results fail to meet the standards for water quality: Provided, That the foregoing shall not apply where the owner or the manager of the facility is not liable for the failure.
(2) Necessary matters concerning the method of indicating test results under paragraph (1), items to be indicated, etc. shall be prescribed by rule of the Seoul Government.

Article 38 (Water Quality Controller) (1) The Mayor may require the owner or manager of a building or facility not smaller than the specified size (hereinafter referred to as "building or facility") to designate a water quality controller.
(2) The scope of buildings or facilities subject to the designation of a water quality controller under paragraph (1), water quality control methods, etc. shall be prescribed by rule of the Seoul Government.

Article 39 (Fees) A person who requests a test for the quality of drinking water, a water treatment chemical, or a material or product for waterworks in accordance with Article 35 (1) shall pay fees prescribed by the National Institute of Environmental Research Rule on Requesting for Tests: Provided, That as regards test items not prescribed by the National Institute of Environmental Research Rule on Requesting for Tests, the fees prescribed by rule of the Seoul Government shall be paid within the following ranges: <Amended by Ordinance No. 5049, Nov. 4, 2010; Ordinance No. 5316, Jul. 30, 2012>
1. Test of water quality: Not less than 4,000 won but not more than 30,000 won;
2. Test of water treatment chemicals: Not less than 500 won but not more than 55,000 won;
3. Test for certification of membrane modules for waterworks: Not less than 10 million won but not more than 30 million won.
(2) Notwithstanding paragraph (1), fees may be exempted where the Seoul Government, an autonomous Gu, or an affiliated administrative agency requests a test for the public interest or requests a test for tap water supplied by the Seoul Government.

CHAPTER VI MANAGEMENT Article 40 (Responsibility for Management of Water Supply System) (1) Where a water meter is installed outside the boundary of a building site, water consumers shall be responsible for the management of the water supply system up to the water meter as well as the water supply system within the boundary of the building site.
(2) The Mayor may inspect the actual conditions and the water quality of a water supply system with the consent of the owner, etc. of the water supply system, and the owner, etc. may also demand a test of the quality of the supplied tap water.
(3) Where the Mayor discovers as a result of an inspection that a water supply system is worn out or the tap water therefrom fails to meet the water quality standards, he or she may recommend the owner, etc. of the water supply system to take necessary measures, such as cleaning, renewal, or replacement of the water supply system. In such cases, the Mayor may fully or partially subsidize such cost, as prescribed by rule of the Seoul Government. <Amended by Ordinance No. 5929, May 14, 2015>
(4) Cases eligible for a subsidy to cover construction costs under paragraph (3) shall be as follows: <Amended by Ordinance No. 5929, May 14, 2015>
1. Social welfare facilities under Article 2 of the Social Welfare Services Act;
2. Detached houses (including single detached houses, multiplex houses and multi-households houses) and multi-family residential buildings;
3. Cases the Mayor deems necessary for the public interest, such as schools.
(5) No water consumer shall stack any stuff that may obstruct the reading, maintenance and management of a water meter at the place where the water meter is installed, or do any act, such as the installation of a structure, at the aforesaid place. <Amended by Ordinance No. 6700, Jan. 4, 2018>
(6) Water consumers shall be liable for damage caused by their failure to perform the duty to manage the water supply system. <Amended by Ordinance No. 5987, Jul 30, 2015>

Article 40-2 (Sanitary Measures, such as Disinfection of Large Buildings) (1) Pursuant to Article 33 (2) of the Water Supply and Waterworks Installation Act, the owner or the manager of a building or facility under Article 50 of the Enforcement Decree of the same Act shall take sanitary measures, such as disinfection, as prescribed by Article 22-3 of the Enforcement Rule of the same Act.
(2) The Mayor shall provide guidance on or supervision of whether the owner or the manager of a building or facility under paragraph (1) takes sanitary measures, such as disinfection.
(3) The owner or the manager of a building or facility who fails to take sanitary measures, such as disinfection, in violation of paragraph (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won pursuant to Article 83 of the Water Supply and Waterworks Installation Act. <Amended by Ordinance No. 5987, Jul 30, 2015>
[This Article Newly Inserted by Ordinance No. 5765, Oct. 20, 2014]
[Previous Article 40-2 moved to Article 40-3 <by Ordinance No. 5765, Oct. 20, 2014>]

Article 40-3 (Sanitary Measures, such as Cleaning of Small Buildings) (1) Where tap water is supplied to a building or facility not falling under Article 50 of the Enforcement Decree of the Water Supply and Waterworks Installation Act through a water tank pursuant to the proviso of Article 33 (5) of the same Act, the owner or the manager of the relevant building or facility shall clean a water tank at least once biannually, and where the water tank has been newly built or has not been used for at least one month, he or she shall clean it before using it.
(2) The Mayor shall provide guidance on or supervision of whether the owner or the manager of a building or facility under paragraph (1) takes sanitary measures, such as cleaning.
[This Article Wholly Amended by Ordinance No. 5765, Oct. 20, 2014]
[Moved from Article 40-3 <by Ordinance No. 5765, Oct. 20, 2014>]

Article 40-4 (Inspection of Conditions of Water Supply Pipes and Measures, such as Cleaning) (1) Pursuant to Article 33 (3) of the Water Supply and Waterworks Installation Act, the owner or the manager of a building or facility referred to in the following subparagraphs shall inspect water supply pipes on a periodical basis, as prescribed by Article 23 of the Enforcement Decree of the same Act, and take necessary measures, such as cleaning, renewal or replacement, (hereinafter referred to as "measures, such as cleaning") according to the result of inspection:
1. A building under Article 51 (1) of the Enforcement Decree of the Water Supply and Waterworks Installation Act, which is used by multiple unspecified people;
2. A facility under Article 51 (2) of the Enforcement Decree of the Water Supply and Waterworks Installation Act, which the State or a local government builds for the promotion of welfare and the betterment of the life of the people.
(2) The Mayor shall provide guidance on or supervision of whether the owner or the manager of a building or facility under paragraph (1) takes sanitary measures, such as cleaning.
(3) The owner or the manager of a building or facility, who fails to take measures, such as cleaning, in violation of paragraph (1) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won pursuant to Article 83 of the Water Supply and Waterworks Installation Act. <Amended by Ordinance No. 5987, Jul 30, 2015>
[This Article Newly Inserted by Ordinance No. 5765, Oct. 20, 2014]

Article 40-5 (Maintenance of Water Supply Facilities) (1) The Mayor shall endeavor to ensure the structural stability of water supply facilities, such as clean water reservoirs and distribution reservoirs, and to prevent the deterioration of tap water quality.
(2) In cases of waterproofing and anti-corrosion construction of clean water reservoirs and distribution reservoirs under paragraph (1), the Mayor may perform construction project management including the exercise of the supervisory authority on behalf of the contracting authority under Article 39 (2) of the Construction Technology Promotion Act. In addition, the Mayor may prepare separate guidelines for the operation thereof.
[This Article Newly Inserted by Ordinance No. 7207, May 16, 2019]

Article 41 (Water Consumers' Duty to Report) (1) In any of the following cases, water consumers shall report it to the Mayor, as prescribed by rule of the Seoul Government: <Amended by Ordinance No. 5987, Jul. 30, 2015>
1. When he or she intends to begin to use, suspend, or disconnect a water supply system;
2. When a water supply system is destroyed or leaks or there is a problem in water supply;
3. When he or she intends to change the purpose of water supply;
4. When a private hydrant is used without a water meter;
5. When there is a change in the number of households using a water supply system;
6. Other matters specified by rule of the Seoul Government with regard to water supply.
(2) If a person fails to report a matter subject to reporting under paragraph (1), the Mayor may require a public official in charge to conduct an inspection and may ex officio suspend water supply, change the type of business for the purpose of water supply, or take any other necessary measure.

Article 42 (Liability for Damage to or Loss of Water Meters) (1) Where water consumers damage or lose water meters and water meter boxes, they shall bear the cost of repairing or installing them. <Amended by Ordinance No. 5508, May 16, 2013; Ordinance No. 5987, Jul. 30, 2015; Ordinance No. 7207, May 16, 2019>
(2) Where water meters are destroyed or freeze and burst due to natural disasters, the Seoul Government shall bear the cost of the repair and installation thereof: Provided, That where water meters freeze and burst due to the damage, exposure or removal of water meter boxes, the Seoul Government shall repair or install water meters and their boxes, and the costs therefor shall be borne by water consumers. <Amended by Ordinance No. 7207, May 16, 2019>
(3) Prices for water meters and water meter boxes under paragraphs (1) and (2), costs for installing them, etc. shall be determined by the Mayor separately. <Newly Inserted by Ordinance No. 7207, May 16, 2019>

Article 43 (Suspension of Water Supply) (1) The Mayor may suspend water supply to any of the following persons (hereinafter referred to as "suspension of water supply"): <Amended by Ordinance No. 5987, Jul. 30, 2015>
1. A person who fails to pay water rates, fees, or construction costs, or any other charge prescribed by this Ordinance by the designated deadline even after receiving a notice of reminder;
2. A person who steals water from a water supply system;
3. A person who conducts construction works for a water supply system without the approval from the Mayor;
4. A person who attempts to evade the payment of water rates by interrupting the running of a water meter (including the installation seal thereto) or destroying or removing it without authorization;
5. A person who uses a water supply system without authorization while water supply is suspended;
6. A person who attempts to evade the payment of water rates by using a water supply system for another type of business;
7. A person who violated Article 40 (5);
8. A person who neglected the report under Article 41 or who filed a false report;
9. A person who violated any other provision of this Ordinance.
(2) When it is intended to suspend water supply in relation to a water consumer for domestic use pursuant to paragraph (1) 1, the division in charge of social welfare shall be notified of the details of the suspension and other necessary measures shall be taken. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(3) The suspension of water supply shall be cancelled upon application by the obligor, but it shall not be cancelled unless and until the cause of the suspension of water supply terminates: Provided, That the foregoing shall not apply where it is concluded that the cause will possibly terminate within one month after the suspension of water supply is cancelled.
(4) When the suspension of water supply is cancelled pursuant to paragraph (3), a cancellation fee shall be collected: Provided, That where the suspension of water supply occurs due to nonpayment of water rates, a security deposit may be collected from consumers other than consumers for domestic use. <Amended by Ordinance No. 5263, Mar. 15, 2012>
(5) A cancellation fee, the amount of a security deposit, methods of the payment thereof, etc. under paragraph (4) and other necessary matters shall be prescribed by rule of the Seoul Government. <Newly Inserted by Ordinance No. 5263, Mar. 15, 2012>

Article 44 (Administrative Fines) (1) If a person evades the collection of a water rate or a charge by fraud or other improper means or uses a water supply system illegally, the Mayor shall impose an administrative fine in accordance with the guidelines in attached Table 4 in addition to collecting the water rates that the person attempted to evade: Provided, That an administrative fine may be reduced or exempted if it is deemed that there was any unavoidable cause.
(2) Commingled use means a case where tap water for a type of business to which a lower rate under attached Table 2 is applicable is used for any other type of business for which a higher rate is applicable, as an example of where a water supply system is used illegally as set forth in paragraph (1), in which case the higher rate shall be applied only to the volume used for the type of business to which the higher rate is applicable, out of the commingled volume of consumption.
(3) The Mayor shall file a criminal complaint against a person who steals water from a water supply system. <Amended by Ordinance No. 5987, Jul 30, 2015>
(4) The Mayor shall impose an administrative fine of 500,000 won on a person who violates Article 40-3 (1). <Newly Inserted by Ordinance No. 6022, Oct. 8, 2015>
(5) Other matters concerning the imposition and collection of and objections to administrative fines shall be governed by the Act on the Regulation of Violations of Public Order. <Amended by Ordinance No. 6022, Oct. 8, 2015>

Article 45 (Granting of Monetary Awards) (1) The Mayor may grant a monetary award, within the budget, to a person who detects or informs of an illegal water supply case and leads to impose an administrative fine under Article 44 (1) or a person who discovers and reports a water leakage case. <Amended by Ordinance No. 5987, Jul. 30, 2015>
(2) The amount of the monetary awards under paragraph (1), the scope and method of, and the procedures for, the monetary award, and other necessary matters shall be prescribed by rule of the Seoul Government.

Article 46 (Objections) (1) A person who is dissatisfied with a decision to collect a water rate or any other charge or the collection of a water rate or any other charge may file an objection within 90 days from the date on which the notice thereof is delivered.
(2) The Mayor shall make a decision on an objection raised under paragraph (1) and give a notice thereof within 60 days from the date of receipt of such objection.

Article 47 (Entrustment of Affairs, such as Inspection and Replacement of Water Meters) (1) The Mayor may fully or partially entrust the Seoul Facilities Corporation or a non-governmental organization with affairs, such as the inspection and replacement of water meters, where he or she considers it necessary to reduce costs and to conduct affairs efficiently. <Amended by Ordinance No. 6266, Jul. 14, 2016; Ordinance No. 6429, Mar. 23, 2017>
(2) Where the Mayor entrusts a non-governmental organization referred to in paragraph (1) with affairs, he or she shall select such non-governmental organization entrusted with affairs through the method of ordinary competition: Provided, That where the Mayor entrusts affairs concerning a multi-family residential building to the managing entity of the multi-family residential building, he or she may select the managing entity thereof through the method of negotiated contract: <Amended by Ordinance No. 6266, Jul. 14, 2016>
1. and 2. Deleted. <by Ordinance No. 5263, Mar. 15, 2012>
(3) The scope of affairs entrusted, the calculation of entrustment fees, the method of performing such affairs, and other necessary matters shall be prescribed by rule of the Seoul Government.

Article 48 (Delegation of Duties) (1) The Mayor shall delegate his or her duties provided in this Ordinance to the Assistant Mayor of Seoul Waterworks Authority (hereinafter referred to as the "Assistant Mayor").
(2) The Assistant Mayor shall delegate the duties delegated by the Mayor to the Director General of the Seoul Waterworks Research Institute and the director of each water supply office pursuant to attached Table 5. <Amended by Ordinance No. 5948, Jul. 30, 2015>
(3) Notwithstanding paragraph (2), the Assistant Mayor may collect the large amount of arrears for the preceding year imposed by the director of each water supply office, suspend water supply, attach property and cancel the attachment of property, and deal with an objection against the attachment thereof: Provided, That the foregoing shall not apply to the following cases: <Newly Inserted by Ordinance No. 5765, Oct. 20, 2014>
1. Where the litigation is pending (including where an objection, a request for examination or a request for trial under the Board of Audit and Inspection Act and this Ordinance is in progress) as of the closing date of the fiscal year for which the large amount of arrears are imposed or the large amount of arrears have been determined as an unsecured claim in accordance with the procedures for rehabilitation provided in the Debtor Rehabilitation and Bankruptcy Act;
2. Where the director of a water supply office cancels or changes the imposition of the large amount of arrears.

Article 49 (Application Mutatis Mutandis) Except as provided in this Ordinance, water rates, past due charges, fees, and all other charges under this Ordinance shall be collected in the same manner as delinquent local taxes are imposed and collected.

- Table 1 (Table of Classification of Types of Business to Which Water Is Supplied (pursuant to Article 23))

- Table 2 (Table of Water Rates (Based on One Month) (pursuant to Article 23))

- Table 3 (Method of Adjusting Consumption Rate When Water Leakage Occurs (pursuant to Article 26 (3)))

- Table 4 (Table of Guidelines for Imposing Administrative Fines (pursuant to Article 44 (1)))

- Table 5 (Duties to Be Delegated (pursuant to Article 48))