Article 1 (Purpose) The purpose of this Ordinance is to prevent environmental pollution accidents from occurring in districts to be returned in Seoul Metropolitan City, including U.S. military bases in Korea, and to promptly respond and take follow-up measures in the event of an environmental accident, thereby protecting the lives, safety, property, and natural environment of citizens by establishing the necessary provisions for a cooperative system between the Seoul Metropolitan Government, the Ministry of Environment, and the U.S. Forces Korea.
Article 2 (Definitions) 1. “U.S. Forces in Korea” refers to the United States Armed Forces stationed in Korea pursuant to the Mutual Defense Treaty between the Republic of Korea and the United States of America.
2. "Granted district" refers to facilities and areas provided by the Republic of Korea to the United States of America for use by the United States Forces in Korea pursuant to Article 2 of the Agreement under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America Relating to Facilities and Areas and to the US-ROK Status of Forces Agreement (hereinafter referred to as "SOFA").
3. "District to be returned" refers to the zones among the granted areas that the United States of America has returned to the Republic of Korea.
4. “Environmental accident” refers to an accident that poses a known, imminent, and substantial risk to public safety, the health of citizens, property, or the natural environment at U.S. military bases in Korea, etc., including districts to be returned (hereinafter referred to as “U.S. military bases in Korea, etc.”), including an accident that may cause significant pollution even if it occurs only on one side of the facility boundary of U.S. military bases in Korea, etc.
5. "United States Forces in Korea environmental governing standards" refers to the environmental governing standards applied by the United States Forces in Korea itself, as agreed upon in the Memorandum of Special Understandings on Environmental Protection signed by both the Republic of Korea and the United States in 2001 (the United States Forces in Korea reviews and updates these in cooperation with the Ministry of Environment, and stipulates that the more protective standard among the relevant U.S. environmental standards and policies and the laws of the Republic of Korea be applied).
6. “Environmental safety facilities” refers to facilities and major equipment that may cause environmental pollution or accidents, such as various oil tanks and other storage facilities, oil pipelines, and various laboratories located in U.S. military bases in Korea and districts to be returned.
7. “SOFA Environmental Subcommittee” refers to a committee established under the Joint Committee established pursuant to Article 28 of SOFA to discuss environmental pollution issues at United States Forces in Korea facilities and areas or adjacent areas in accordance with Paragraph 2 of the Agreed Minutes of Article 3 of SOFA (Chairperson from the Korean side: Director of the Soil and Ground Water Management Division, Ministry of Environment, Chairperson from the U.S. side: Chief of Staff of Engineers, United States Forces in Korea)
8. “Environmental Joint Working Committee” refers to a committee convened and operated by the Chairpersons of both sides of the SOFA Environment Subcommittee as needed to resolve environmental pollution issues at United States Forces in Korea facilities and areas or adjacent areas.
Article 3 (Scope of Application) This Ordinance shall apply to environmental accidents occurring in U.S. military bases in Korea and districts to be returned.
Article 4 (Basic Principles) 1. SOFA Minutes of Agreement on Environmental Provisions (2001)
2. Memorandum of Special Understandings on Environmental Protection (MOSUEP) (2001)
3. Joint Environmental Information Exchange and Access Procedures (2002)
4. Joint Environmental Information Exchange and Access Procedures with Tab A (2003)
5. Joint Environmental Assessment Procedure (JEAP) (2009)
6. Framework Act on Environmental Policy
7. Soil Environment Conservation Act
8. Chemical Substances Control Act
Article 5 (Duties of the Mayor)
(1) The Seoul Metropolitan City Mayor (hereinafter referred to as the “Mayor”) shall protect the human rights, right to life, property rights, and environmental rights of citizens by preventing environmental pollution at U.S. military bases in Korea, etc.
(2) The Mayor shall endeavor to exchange with the United States Forces Korea (“USFK”) appropriate information on matters that may affect the health and environment of citizens.
(3) The Mayor shall request the Ministry of Environment to establish an emergency communication system with the USFK to prevent and quickly resolve environmental accidents and cooperate with the USFK to take immediate and appropriate measures to prevent the spread of contamination in the event of an accident.
(4) The Mayor shall endeavor to actively exercise the rights and obligations of local governments as stipulated in Article 4 and other environmental SOFA provisions and domestic Acts and subordinate statutes.
Article 6 (Sharing of Environment Data)
(1) In cases where it is necessary to share environmental information on U.S. military bases in Korea, etc. held by the USFK for regional environmental management, the Mayor must actively request the provision of information through the SOFA Environment Subcommittee.
(2) The environmental information in Paragraph 1 shall include the status of environmental safety facilities at U.S. military bases in Korea, regular inspection results, environmental performance results, plans to minimize adverse environmental impacts, and various notes on biochemical experiments.
Article 7 (Environment Governing Standards)
Article 8 (Environmental Accident Notification Procedures)
(1) The Mayor must ensure proper oversight to enable the head of Gus to diligently fulfill the following responsibilities in the event of environmental accidents at U.S. military bases in Korea.
1. Details of environmental accidents shall be promptly reported by phone through the mutual emergency communication system without delay
2. Written notification shall be given within forty-eight (48) hours of the accident
3. Environmental accident facts shall be reported to the Seoul Metropolitan Government and the Ministry of Environment, as well as other relevant ministries, and reported to the SOFA Environment Subcommittee
(2) The environmental accidents that the Mayor and the head of Gus must mutually report to the Ministry of Environment and the USFK are as follows.
1. In the event that an environmental accident that occurs at U.S. military bases in Korea affects surrounding areas
2. In the event that an environmental accident caused by USFK occurs outside of a U.S. military base in Korea, etc.
3. Environmental accidents that occur in the jurisdiction and affect U.S. military bases in Korea, etc.
4. Environmental accidents that occur around U.S. military bases in Korea
5. In the event of an environmental accident that occurred at a U.S. military base in Korea, etc., and did not directly affect the U.S. military base in Korea, etc., but considering the scale of the accident, the persistence of the contamination, etc., it is deemed advisable to notify the other party
6. In the event of an environmental accident that occurred outside of a U.S. military base in Korea, etc., and did not directly affect the U.S. military base in Korea, but considering the scale of the accident, the persistence of the contamination, etc., it is deemed advisable to notify the other party
Article 9 (On-Site Investigations and Preventive Measures)
(1) In the event of an environmental accident at a U.S. military base in Korea, the Mayor must make an active effort to ensure that Seoul Metropolitan City and autonomous Gu officials can enter the U.S. military base in Korea, approach the accident site, and conduct an investigation.
(2) When an environmental accident occurs, the Mayor shall ensure that appropriate primary containment activities are carried out in each jurisdiction and shall request joint containment activities and joint investigations from the Ministry of Environment, the USFK, and relevant organizations to prevent the spread of contamination.
Article 10 (Joint Investigation Subjects and Procedures, Etc.)
(1) The Mayor must request on-site access and joint investigation pursuant to Article 9 in the following cases.
1. In the event of an environmental accident of unknown cause
2. If the cause is clear, but the extent of the damage needs to be investigated
3. In the event that environmental problems are expected to arise due to the return and donation of U.S. military bases in Korea
(2) If the Mayor determines that entry into a contaminated area for on-site confirmation and joint investigation is necessary, they must request the Korean Chairperson of the SOFA Environment Subcommittee to initiate the joint investigation procedure in writing, specifying the purpose, scope, method, schedule, and list of entrants for the joint investigation.
Article 11 (Recommendation of the Joint Environmental Working Committee, Etc.)
(1) When the SOFA Environment Subcommittee establishes a US-ROK Joint Environmental Working Committee to conduct a joint investigation to analyze the cause and prepare measures to remove contamination, the Mayor must recommend public officials and experts to participate in the Committee.
(2) Seoul Metropolitan City public officials who participate in the US-ROK Joint Environmental Working Committee must prepare necessary remedial and restoration measures for contaminated areas and follow-up measures to prevent recurrence through the joint investigation of the investigation team and report to the Mayor.
Article 12 (Support for Recovery from Damage) If an environmental accident occurs at a U.S. military base in Korea or elsewhere, causing damage to the lives, safety, property, or natural environment of citizens, the Mayor must prepare a plan to support recovery from the damage suffered by citizens.
Addendum <No. 7535, Mar. 26, 2020>
This Ordinance shall enter into force on the date of its promulgation.
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