SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON ENVIRONMENTAL IMPACT ASSESSMENT
- Enactment No. 3265, Jun. 25, 2002
- Partial Amendment No. 3427, Jan. 15, 2005
- Partial Amendment No. 3469, Jan. 05, 2006
- Amendment of Other Laws No. 3591, Dec. 26, 2007
- Whole Amendment No. 3725, Jan. 14, 2010
- Partial Amendment No. 3746, Apr. 29, 2010
- Partial Amendment No. 3959, Apr. 03, 2014
- Amendment of Other Laws No. 4143, Feb. 23, 2017
- Partial Amendment No. 4260, Jan. 17, 2019
Amendment of Other Laws No. 4143, Feb. 23, 2017 | Partial Amendment No. 4260, Jan. 17, 2019 |
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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.
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Rule is to prescribe matters delegated by the Seoul Metropolitan Government Ordinance on Environmental Impact Assessment and matters necessary for enforcing said Ordinance.
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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 46 (2) of the Enforcement Decree of the Environmental Impact Assessment (hereinafter referred to as the "Decree"). <Amended by Rule No. 3959, on Apr. 3, 2014>
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CHAPTER II PROCEDURES FOR PREPARATION OF ASSESSMENT REPORTS
Article 2 (Preparation, etc. of Environmental Impact Assessment Reports)
Where a person who intends to execute a project subject to environmental impact assessment (hereinafter referred to as "project implementer") prepares an assessment report (hereinafter referred to as "assessment report") referred to in Article 7 (1) of the Seoul Metropolitan Government Ordinance on Environmental Impact Assessment (hereinafter referred to as the "Ordinance"), he or she shall prepare the assessment report pursuant to Article 46 (2) of the Enforcement Decree of the Environmental Impact Assessment (hereinafter referred to as the "Decree"). <Amended by Rule No. 3959, Apr. 3, 2014>
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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: <Amended by Rule No. 3959, on Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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Article 3 (Preparation of Draft Assessment Reports)
(1) A draft assessment report referred to in Article 8 (2) of the Ordinance shall include the following: <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017; Rule No. 4260, Jan. 17, 2019>
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Article 4 (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 general daily newspaper circulated nationwide (hereinafter referred to as "daily newspaper") and a general daily newspaper circulated in a target area (hereinafter referred to as "local newspaper") at least once, respectively, for inspection by residents of an area subject to environmental impact assessment (hereinafter referred to as "residents") for not less than 20 days. In such case, national holidays shall not be counted as days: <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 4 (Inspection, etc. of Draft Assessment Reports)
(1) The head of a Gu in charge under Article 8 (3) of the Ordinance (hereinafter referred to as the "head of a Gu in charge") shall send a draft assessment report to the head of a related administrative agency within two days from the date he or she receives the same, and shall publicize the following matters in a general daily newspaper circulated nationwide (hereinafter referred to as "daily newspaper") and a general daily newspaper circulated in a target area (hereinafter referred to as "local newspaper") at least once, respectively, for inspection by residents of an area subject to environmental impact assessment (hereinafter referred to as "residents") for not less than 20 days. In such case, national holidays and Saturdays shall not be counted as days: <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4260, Jan. 17, 2019>
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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 inspection. In such cases, a resident may include his/her opinion on whether to hold a public hearing. <Amended by Rule No. 3959, on Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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Article 5 (Submission of Opinions, etc. on Draft Assessment Reports)
(1) A resident and the head of a related administrative agency who intends to submit his or her opinion pursuant to Article 8 (4) of the Ordinance shall submit his or her opinion from the commencement date until the expiration date of the period of inspection. In such cases, a resident may include his or her opinion on whether to hold a public hearing. <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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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 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: <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 6 (Holding of Presentation)
(1) Where a project implementer intends to hold a presentation pursuant to Article 8 (1) of the Ordinance, he or she shall publicize the following in a daily newspaper and in a local newspaper at least once, respectively, not later than 10 days prior to the expected presentation date, and shall hold the presentation within 14 days from the date the period of public inspection under Article 4 (1) begins. In such cases, where a project area falls across at least two Gus, the presentation shall be held in each Gu, and where the project implementer has consulted with the head of the relevant Gu, he or she may hold a joint presentation: <Amended by Rule No. 3959, Apr. 3, 2014>
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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: <Amended by Rule No. 3959, on Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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Article 7 (Holding of Public Hearings)
(1) In any of the following cases, a project implementer shall hold a public hearing pursuant to Article 8 (1) of the Ordinance: <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017; Rule No. 4260, Jan. 17, 2019>
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Article 8 (Utilizing Opinions Gathered through Strategic Environmental Impact Assessment)
Where consensus gathered during consultation on strategic environmental impact assessment under Article 8 (6) of the Ordinance falls under each of the following, procedures for the gathering consensus may be omitted following consultation with the Mayor: <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 8 (Utilizing Opinions Gathered through Strategic Environmental Impact Assessment)
Where opinions gathered during consultation on strategic environmental impact assessment under Article 8 (6) of the Ordinance falls under all of the following, procedures for gathering opinions may be omitted following consultation with the Mayor: <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4260, Jan. 17, 2019>
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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 of the Ordinance: <Amended by Rule No. 3959, on Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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Article 9 (Re-Preparation, etc. of Draft Assessment Reports)
(1) In any of the following cases, a project implementer shall re-prepare a draft assessment report and re-gather opinions pursuant to Article 9 (1) of the Ordinance:
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Article 10 (Reporting Methods, etc. by Environmental Impact Assessment Agent)
(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. <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 10 (Reporting Methods, etc. by Environmental Impact Assessment Agents)
(1) An assessment agent who intends to prepare an assessment report, etc. under Article 10 (1) of the Ordinance for and on behalf of a project implementer shall file a report in attached Form 4. <Amended by Rule No. 3959, Apr. 3, 2014>
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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:
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Article 11 (Obligations of Assessment Agents, etc.)
(1) The period for keeping an assessment report, etc. and materials that serve as a basis for the preparation thereof under Article 12 (1) of the Ordinance shall be as follows:
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CHAPTER III CONSULTATION ON STATEMENT AND EX 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. <Amended by Rule No. 3959, on Apr. 3, 2014>
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CHAPTER III CONSULTATION ON ASSESSMENT REPORTS AND FOLLOW-UP MANAGEMENT
Article 12 (Submission and Review of Assesment Reports, etc.)
(1) When the head of an approving agency, etc. requests the Mayor to consult on an assessment report, he or she shall submit 20 copies of the assessment report and 35 copies of a CD (compact disk) containing details of the assessment report to the Mayor. <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4260, Jan. 17, 2019>
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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:
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Article 13 (Extension of Period of Consultation)
In any of the following cases when the Mayor notifies agreed terms and conditions under Article 15 (1) of the Ordinance, he or she may extend the period of consultation only once:
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Article 14 (Request for Conciliation)
Where the head of an approval agency, etc. intends to request conciliation pursuant to Article 16 of the Ordinance, he/she shall submit to the Mayor a request for conciliation containing the following: <Amended by Rule No. 4143, Feb. 23, 2017>
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Article 14 (Request for Revision)
Where the head of an approving agency, etc. intends to request revision pursuant to Article 16 of the Ordinance, he or she shall submit to the Mayor a request for revision containing the following: <Amended by Rule No. 4143, Feb. 23, 2017>
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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: <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 15 (Submission of Documents, etc. at Time of Review of Plans for Environmental Conservation)
(1) A project implementer who intends to undergo a review of 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 approving agency: <Amended by Rule No. 3959, Apr. 3, 2014>
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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.
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Article 16 (Keeping, etc. of Management Ledger Stating Agreed Terms and Conditions)
(1) The management ledger stating agreed terms and conditions that a project implementer is required to keep at a work site pursuant to Article 19 (3) of the Ordinance shall be based on attached Form 6.
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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 Article 17 (1) of the Enforcement Rule of the Act; <Amended by Rule No. 3959, on Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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Article 17 (Designation, etc. of Manager Responsible for Managing Agreed Terms and Conditions)
(1) Where a project implementer intends to designate a manager responsible for managing agreed terms and conditions pursuant to Article 19 (3) of the Ordinance, he or she shall follow Article 17 (1) and (2) of the Enforcement Rule of the Environmental Impact Assessment Act (hereinafter referred to as the "Enforcement Rule of the Act"). <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017; Rule No. 4260, Jan. 17, 2019>
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Article 18 (Ex Post Environmental Impact Assessment)
(1) Target projects subject to Ex Post Environmental Impact Assessment pursuant to Article 19 (4) of the Ordinance and the period of assessment shall be as set out in Table 2: Provided, That where the Mayor deems that an additional assessment is required, he/she may extend the period of assessment. <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 18 (Follow-Up Surveys of Environmental Impact)
(1) Target projects subject to a follow-up survey of environmental impact under Article 19 (4) of the Ordinance and the survey period shall be as specified in attached Table 2: Provided, That where the Mayor deems that an additional survey is required, he or she may extend a survey period. <Amended by Rule No. 3959, Apr. 3, 2014>
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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.
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Article 19 (Notification of Commencement of Projects, etc.)
A project implementer shall notify the commencement of a project, etc. under Article 19 (5) of the Ordinance in accordance with attached Form 9 within 20 days from the date the ground therefor arises.
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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 notify the head of an approval agency and the Mayor of such fact by submitting documents stating the following matters thereto within 30 days from the date of devolution of such obligation: <Amended by Rule No. 3959, on Apr. 3, 2014>
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Article 20 (Documents to Be Submitted at Time of Devolvement of Obligation to Implement Agreed Terms and Conditions)
A project implementer upon whom the obligation to implement agreed terms and conditions is devolved pursuant to Article 19 (6) of the Ordinance shall notify the head of an approving agency and the Mayor of such fact by submitting documents stating the following thereto within 30 days from the date of devolvement of such obligation: <Amended by Rule No. 3959, Apr. 3, 2014>
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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 ex 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.
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Article 21 (Notification of Results of Verification of Implementation of Agreed Terms and Conditions)
(1) The head of an approving agency shall notify the Mayor of the results of a follow-up management, such as verification of whether a project implementer implemented agreed terms and conditions under Article 20 of the Ordinance, in accordance with attached Form 10 not later than January 31 of the following year.
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Article 22 (Exception to Suspension of Work)
(1) Where the Mayor requests the suspension of work pursuant to Articles 20 (7) 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: <Amended by Rule No. 3959, on Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017>
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Article 22 (Exception to Suspension of Work)
(1) Where the Mayor requests the suspension of work pursuant to Articles 20 (7) and 21 (4) of the Ordinance, the head of an approving agency, etc. shall comply with such request, but this shall not apply in any of the following cases: <Amended by Rule No. 3959, Apr. 3, 2014; Rule No. 4143, Feb. 23, 2017; Rule No. 4260, Jan. 17, 2019>
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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 (9) 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. <Amended by Rule No. 3959, on Apr. 3, 2014>
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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 under Article 22 (9) of the Ordinance (hereinafter referred to as the "Committee") shall be comprised of the chairperson and at least 10 members designated by the chairperson at each meeting. <Amended by Rule No. 3959, Apr. 3, 2014>
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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. <Amended by Rule No. 4143, Feb. 23, 2017>
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CHAPTER V SPECIAL CASES CONCERNING ENVIRONMENTAL IMPACT ASSESSMENT
Article 24 (Period of Review, etc. of Plans for Preparation of Environmental Impact Assessment Reports)
(1) The head of a Gu in charge who has received a plan for preparation of an environmental impact assessment report under 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 or she receives the same. <Amended by Rule No. 4143, Feb. 23, 2017>
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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:
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Article 25 (Establishment of Major Items Subject to Assessment)
A project implementer shall include the following in major items subject to assessment under Article 25 (3) 3 of the Ordinance:
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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.
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Article 26 (Disclosure of Assessment Reports, etc.)
Where the Mayor intends to disclose a draft assessment report, a draft re-prepared assessment report, an assessment report, etc. under Article 32 of the Ordinance, he or she shall disclose them on the Operation and Management System for Environmental Impact Assessment of the Seoul Metropolitan Government. <Amended by Rule No. 4260, Jan. 17, 2019>
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CHAPTER VI PENALTY PROVISIONS
Article 27 (Imposition and Collection of Administrative Fines)
Standards for imposing administrative fines under the provisions of Article 34 (1) through (3) of the Ordinance are as set out in Table 3. <Amended by Rule No. 4143, Feb. 23, 2017>
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CHAPTER VI PENALTY PROVISIONS
Article 27 (Imposition and Collection of Administrative Fines)
Standards for imposing administrative fines under Article 34 (1) through (4) of the Ordinance shall be as specified in attached Table 3. <Amended by Rule No. 3959, Apr. 3, 2014>
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ADDENDUM <Rule No. 3725, Jan. 14, 2010> |
ADDENDUM |
Among Ways to Draft a Statement Accessible for Public Inspection, a Guide on Posting Draft on a Bulletin Board (Pursuant to Article 4) |
[Table 1] Guide to Posting Draft on Bulletin Board, among Ways to Make Draft Assessment Report Accessible for Public Inspection (pursuant to Article 4) |
Projects Subject to Ex Post Environmental Impact Assessment and Periods of Assessment (Pursuant to Article 18) |
Projects Subject to Follow-Up Survey of Environmental Impact and Survey Periods (pursuant to Article 18) |
Standards for Imposing Administrative Fines by Type of Violation (Pursuant to Article 27) |
Standards for Imposing Administrative Fines by Type of Violation (pursuant to Article 27) |
Book for Perusal of Draft Statement |
Book for Perusal of Draft Assessment Report |
Written Submission of Opinions of Residents |
Same as left |
Notice of Outcomes of Public Hearing |
Same as left |
Application for(Registration,Registration of Changes regarding)Environmental Impact Assessment Agent |
Same as left |
Certificate of Reporting on Agent for Environmental Impact Assessment |
Same as left |
Management Ledger Stating Outcomes of Consultation on Environmental Impact Assessment |
Same as left |
Letter of Notification of (Designation,Change)an Officer Responsible for Managing Outcomes of Consultation |
Same as left |
Notification of Results of Ex Post Environmental Impact Assessment |
Same as left |
Notification of (Commencement,Completion,Construction Suspension/Resumption of) Project Subject to Environmental Impact Assessment |
Same as left |
Notice of Investigation into Whether Business Operator Implements Outcomes of Consultation on Environmental Impact Assessment |
Same as left |