SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON WATER SUPPLY AND WATERWORKS INSTALLATION
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- Partial Amendment No. 8355, Mar. 10, 2022
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 Management of Drinking Water Act.
Article 2 (Definitions)
The terms used in this Ordinance shall be defined as follows:
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 "Metropolitan Government"): Provided, That the Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") may supply water to any area outside his/her jurisdiction, if he/she considers it necessary for public interests.
Article 4 (Classification of Water Supply Systems)
Water supply systems shall be classified into the following categories:
Article 5 (Attribution of Rights and Obligations)
Rights and obligations arising in connection with a water supply system shall belong to the owner of the building or land in which the water supply system is installed.
CHAPTER II WATER SUPPLY WORKS
Article 6 (Approval for Water Supply Works)
(1) A person who intends to have tap water supplied shall file an application with the Mayor for prior approval.
Article 7 (Calculation Method of Fees for Water Supply Works)
(1) In principle, the fee for 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.
Article 8 Deleted. lt;by Ordinance No. 5009, Jul. 15, 2010gt;
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 Metropolitan 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 collective housing building desires to independently manage the water meter installed in each unit of the collective housing building.
Article 10 (Advance Payment of Fee for Water Supply Works)
(1) An applicant shall, upon obtaining approval for water supply works, pay the fee for the water supply works in advance within the specified period.
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 which shall be prescribed by Rules.
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.
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, if the following requirements are met, upon water consumers' request: Provided, That the foregoing shall not apply to cases where it is difficult to secure a space for the installation of separate water meters:
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.
Article 15 (Removal of Water Supply Systems)
(1) The Mayor may remove a water supply system installed without approval.
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.
Article 17 (Installation of Check Valves)
(1) A person who intends to install a water supply system shall install a check value in the rear part of a water meter (or the water meter for each unit in a collective housing building) and take other necessary measures in order to prevent tap water from being polluted by a back flow.
Article 18 (Temporary Water Supply)
(1) A person who intends to install a temporary water supply system for a construction project (hereinafter referred to "temporary water supply") shall file an application for the installation.
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.
Article 20 (Testing of Water Meters)
(1) A water consumer may request the Mayor to test a water meter, if he/she determines the water meter has a defect.
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 public interests, the Mayor may completely or partially suspend water supply to the water supply zone or place a restriction on the use of waterworks.
Article 22 (Discontinuance of Water Supply and Disconnection of Water Supply Systems)
(1) A water consumer may, if necessary, request the Mayor to discontinue water supply or disconnect an exclusive water supply system.
CHAPTER IV WATER RATES
Article 23 (Collection of Water Rates)
(1) The Mayor shall collect water rates from water consumers.
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.
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.
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.
Article 27 (Composition and Operation of Committee for Deliberation on Adjustment of Water Rates)
(1) Each district waterworks office shall have the committee for the deliberation on the adjustment of water rates (hereinafter referred to as the "Committee") in order to have the Committee deliberate on the reasonable adjustment of rates in response to civil petitions filed with regard to water bills.
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.
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>
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 to cases where the title is transferred as a consequence of a judicial or public auction.
Article 31 (Exemption from Water Rates)
(1) The Mayor may fully or partially exempt water rates in any of the following cases:
Article 32 (Payment Notices)
(1) Water rates shall be notified in the form of a written payment notice but may be notified by electronic notice (e-mail) or mobile phone, if a water consumer requests to do so.
Article 33 (Management of Past Due Rates)
(1) If a water consumer pays a water rate after the deadline for payment, he/she shall also pay a past due charge on a daily basis for a period of one month from the day immediately following the next 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.
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.
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/she shall select monitoring items in accordance with the following criteria:
Article 37 (Test of Quality of Tap Water)
(1) The Mayor may indicate test results at the tested water supply facility, when he/she completes 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 to cases where the owner or the manager of the facility is not liable for the failure.
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.
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 Rules within the following ranges shall be paid:
CHAPTER VI MANAGEMENT
Article 40 (Responsibility for Management of Water Supply System, etc.)
(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.
Article 40-2 (Sanitary Measures, such as Cleaning of Small Buildings)
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 to Article 33 (5) of the aforesaid Act, the owner or manager of the relevant building or facility shall clean a water tank at least once a half year, and where the water tank has been newly built or has not been used for at least one month, he/she shall clean it before he/she uses it.
Article 41 (Water Consumers' Duty to Report)
(1) If any of the following events occurs, the water consumers shall report it to the Mayor, as prescribed by Rules:
Article 42 (Liability for Damage to or Loss of Water Meters)
(1) If a water meter is damaged or lost, water consumers shall repair or replace it on their account: Provided, That the foregoing shall not apply to cases where a water meter is destroyed due to a natural disaster or froze and burst. <Amended by Ordinance No. 5508, May 16, 2013>
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"):
Article 44 (Fines for Negligence)
(1) If a person evades the collection of a water rate or a charge by fraud or other wrongful means or uses a water supply system illegally, the Mayor shall impose a fine for negligence in accordance with the guidelines in Table 4 attached hereto in addition to collecting the water rates that the person attempted to evade: Provided, That a fine for negligence may be reduced if it is found that there was a cause or an event beyond control.
Article 45 (Grant of Rewards)
(1) The Mayor may grant a reward, within budgetary limits, to a person who detects or informs of an illegal water supply case and leads to impose a fine for negligence under Article 44 (1) or a person who discovers and reports a water leakage case.
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.
Article 47 (Entrustment of Works such as Inspection and Exchange of Water Meters)
(1) The Mayor may entrust private sector with works such as the inspection and exchange of water meters, in whole or in part, if he/she considers it necessary for saving costs and expenses and carrying out such works efficiently.
Article 48 (Delegation of Duties)
(1) Mayor's duties specified in this Ordinance shall be delegated to the head of the Waterworks Headquarters of the Seoul Metropolitan Government (hereinafter referred to as the "head of the Headquarters").
Article 49 (Application Mutatis Mutandis)
Except as otherwise provided for by 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.
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