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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PROMOTION AND SUPPORT OF IMPROVEMENT OF ATMOSPHERIC ENVIRONMENT

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to improve the atmospheric environment and to contribute to improvement in the quality of life of citizens by prescribing matters necessary for the support of low pollution projects for diesel-powered vehicles pursuant to Article 58 of the Clean Air Conservation Act, support for sources of emission of air pollutants to prevent air pollution pursuant to Article 5 of the Seoul Metropolitan Government Framework Ordinance on Environment, and the enforcement of the Special Act on the Improvement of Air Quality in Air Control Zones. <Amended by Ordinance No. 4882, Nov. 11, 2009; Ordinance No. 7580, May 19, 2020>

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended by Ordinance No. 4882, Nov. 11, 2009; Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 7580, May 19, 2020>
1. The term "low emission measures" means cases where a person installs a certified exhaust gas recirculation device or converts an engine into a low emission one pursuant to Article 60 of the Clean Air Conservation Act;
2. The term "two-wheeled motor vehicle" means a motorcycle as defined in Article 3 of the Automobile Management Act, which is gasoline-powered;
3. Deleted; <by Ordinance No. 7580, May 19, 2020>
4. The term "construction machinery" means construction machinery as defined in Article 2 (1) 1 of the Construction Machinery Management Act.

Article 3 (Application) Matters not provided in this Ordinance regarding the conversion and distribution of low-emission vehicles, low pollution measures or early scrapping recommendations, financial support, etc. under Article 58 of the Clean Air Conservation Act shall be as provided in the Special Act on the Improvement of Air Quality in Air Control Zones (hereinafter referred to as the “Special Act”) or the Clean Air Conservation Act. <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>


CHAPTER II SUPPORT IN PURCHASE OF NATURAL GAS VEHICLE Article 4 (Persons Entitled to Financial Support) The following persons who purchase natural gas vehicles may be subsidized or financed (hereinafter referred to "financial support") funds necessary for purchasing such vehicles within the budget, in accordance with Article 58 (3) of the Clean Air Conservation Act: <Amended by Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
1. Intra-city bus and town shuttle bus transportation business operators who purchase natural gas buses;
2. Autonomous Gus of the Seoul Metropolitan Government, cleaning service agencies or business operators purchasing natural gas garbage trucks;
3. Other persons who purchase natural gas vehicles from among low emission vehicles determined by the Minister of Environment.

Article 5 (Limit on Financial Support) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the “Mayor”) may separately determine the financial support limit to promote the proliferation of natural gas vehicles. <Amended by Ordinance No. 4882, Nov. 11, 2009; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>

Article 6 (Conditions of Financial Support) (1) Loan conditions for funds shall be in accordance with the following standards: <Amended by Ordinance No. 7580, May 19, 2020>
1. The period of a loan and repayment: Repayment in equal installments (by quarter) over five years with a three-year grace period;
2. Interest rate on a loan: The interest rate set by the Mayor within the range of 5 percent or less per year;
3. Calculation and collection of interest: Calculated from the date of loan, and interest for each year is collected quarterly.
(2) The Mayor may take necessary measures for funds loaned in accordance with paragraph (1), such as the reduction of and exemption from the interest on the loan or the extension of the period of the loan, etc., in any of the following cases: <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
1. Where repayment of a loan is difficult because a natural disaster or calamity has occurred;
2. Where the competitiveness is lost because the expenses for operation of a natural gas vehicle have become higher than the expenses for operation of a motor vehicle of the same type using diesel oil due to a change in the supply price of fuel.
(3) Necessary matters concerning subsidization of funds, such as the procedures, methods, etc. thereof, shall be as prescribed by the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies. <Amended by Ordinance No. 5930, May 14, 2015; Ordinance No. 7580, May 19, 2020>

Article 7 (Entrustment of Loaning Business) (1) The Mayor may entrust a financial institution under Article 2 (1) 2 of the Banking Act with some of the business affairs concerning loaning of funds. In such cases, the Mayor shall lend funds to a bank entrusted with the management and operation of loans (hereinafter referred to as "entrusted bank"), and determine the lending interest rate up to one percent lower than the interest on a loan that the entrusted bank applies to an entity entitled to a loan. <Amended by Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
(2) The entrusted bank shall submit an application for lending of funds to purchase natural gas vehicles in attached Form 1 to the Mayor. <Amended by Ordinance No. 7580, May 19, 2020>

Article 8 (Formulation and Publication of Plan for Financial Support) The Mayor shall formulate and publicize, at the beginning of each year, a plan for financial support for the relevant year that states each of the following: <Amended by Ordinance No. 7249, Jul. 18, 2019>
1. Persons entitled to financial support;
2. The total amount of financial support;
3. The limit of financial support;
4. The conditions of and procedures for financial support, etc.

Article 9 (Application for Financial Support) Each person who intends to be subsidized shall prepare and submit an application for subsidization for purchase of natural gas vehicles in attached Form 2 to the Mayor.

Article 10 (Holding of Financial Support Deliberative Council Meetings) (1) The Mayor shall establish the Seoul Metropolitan Deliberative Council on Support of Purchase of Natural Gas Vehicles (hereinafter referred to as the "Deliberative Council") to deliberate on persons entitled to financial support, the propriety of the amount of financial support, etc.
(2) The Deliberative Council shall be comprised of not more than 11 members, including one chairperson and one vice chairperson.
(3) The Director General of Clean Environment Headquarters shall serve as the chairperson and the vice chairperson shall be elected by the Deliberative Council from among its members, and the Directors of the Vehicle Emissions Control Division, Environmental Policy Division, Bus Policy Division and the following persons shall serve as members: <Amended by Ordinance No. 4593, Dec. 26, 2007; Ordinance No. 4616, Apr. 3, 2008; Ordinance No. 5208, Dec. 29, 2011;
Ordinance No. 5272, Mar. 15, 2012; Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 6609, Sep. 21, 2017; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7423, Dec. 31, 2019>
1. Two councilors recommended by the Seoul Metropolitan Council;
2. Two executive officers of the Seoul Metropolitan Bus Transportation Business Association recommended by its chairperson;
3. One director of the Korea City Gas Association, which is an incorporated association, recommended by its chairperson;
4. One executive of the Seoul Metropolitan Local Bus Transportation Business Association recommended by its chairperson;
5. One person who has expert knowledge and abundant experience in clean air conservation or who has much interest in the relevant field.
(4) Each meeting of the Deliberative Council shall be held by attendance of not less than 2/3 of the incumbent members and its resolution shall be made with the consent of the majority of the members present at the meeting.
(5) The Deliberative Council shall be formed and operated whenever its meeting is held and shall be dissolved at the same time its meeting is over. <Amended by Ordinance No. 7580, May 19, 2020>

Article 11 (Duties of Chairperson) (1) The chairperson shall represent the Deliberative Council and take overall control of its affairs. <Amended by Ordinance No. 7580, May 19, 2020>
(2) Where the chairperson is unable to perform his or her duties due to unavoidable circumstances, the vice chairperson shall perform the duties for and on behalf of him or her.

Article 12 (Adjustment of Amount of Financial Support) (1) Where the amount of financial support requested exceeds the amount of financial support planned, the Mayor may adjust the amount of financial support for each person entitled to financial support. In such cases, the Mayor shall determine and publicize standards for the adjustment when he or she formulates a plan for financial support in accordance with Article 8. <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
(2) The Mayor shall notify the entrusted bank and applicants for financial support of the persons entitled to financial support and the amount thereof that have been confirmed. <Amended by Ordinance No. 7580, May 19, 2020>

Article 13 (Extending Loans) (1) The entrusted bank shall lend money to entities entitled to a loan notified by the Mayor in accordance with its credit management regulations. <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
(2) Institutions lending funds shall be the head and branch offices of the entrusted bank located in Seoul Metropolitan Government. <Amended by Ordinance No. 7580, May 19, 2020>

Article 14 (Follow-Up Management) (1) The Mayor may ascertain or inspect twice annually whether a person who has received financial support uses the funds subsidized or loaned in an appropriate manner or request him or her to submit or report necessary materials. In such cases, the person who has received financial support shall comply with such request. <Amended by Ordinance No. 7580, May 19, 2020>
(2) Where a person who has received financial support uses the subsidy or loan other than the predetermined purpose, the Mayor shall immediately collect such subsidy or loan used other than the purpose.
(3) Where a person who has received financial support intends to transfer a natural gas vehicle, the outstanding loan balance of which still remains, he or she shall notify the Mayor thereof.


CHAPTER III PROMOTION AND SUPPORT OF LOW EMISSIONS FROM DIESEL VEHICLES IN OPERATION Article 15 (Types of Vehicles Liable for Low Emission Measures) A motor vehicle liable for low emission measures shall be vehicles that use diesel as fuel (hereinafter referred to as “vehicle liable for low emission measures”) with a fifth grade among the emission levels of air pollutants pursuant to subparagraph 1 of Article 30 of the Special Act.: Provided, That this shall not apply to any of the following vehicles: <Amended by Ordinance No. 5975, Jul. 30, 2015; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
1. A vehicle liable for low emission measures for which an exhaust gas recirculation device (including conversion into a low emission engine) has not been certified nor supplied;
2. A low emission vehicle falling under subparagraph 16 or 17 of Article 2 of the Clean Air Conservation Act or a vehicle liable for low emission measures with an exhaust gas recirculation device installed at the time of delivery from a warehouse: Provided, That this shall not apply where a recirculation device which is improved in its functions than at the time of delivery from a warehouse has been certified and supplied.

Article 15-2 (Types of Construction Machinery Liable for Low Emission Measures) Construction machinery liable for low emission measures shall be construction machinery falling under any of the following (hereinafter referred to as “construction machinery liable for low emission measures”) in accordance with the proviso of Article 58 of the Clean Air Conservation Act:
1. Dump trucks, concrete pump trucks, or concrete mixer trucks manufactured in accordance with the emission allowance standards under subparagraph 2 (a) through (d) of attached Table 17 of the Enforcement Rule of the Clean Air Conservation Act;
2. Forklifts or excavators manufactured in accordance with the emission allowance standards under subparagraph 4 (a) of attached Table 17 of the Enforcement Rule of the Clean Air Conservation Act or manufactured before December 31, 2003;
3. Other construction machinery recognized by the Mayor as necessary to reduce emissions of car-age and air pollutants or climate and ecosystem change-causing substances.
[This Article Newly Inserted by Ordinance No. 7580, May 19, 2020]

Article 16 (Orders to Take Low Emission Measures) The Mayor may order an owner of a vehicle or construction machinery liable for low emission measures to take any of the following measures: Provided, That with regard to a vehicle liable for low emission measures but having difficulty in taking such low emission measures due to decrepitude of the vehicle, the Mayor may recommend an early scrapping of the vehicle: <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
1. Installation of an exhaust gas recirculation device;
2. Conversion into a low emission engine.

Article 17 (Period of Taking Low Emission Measures) (1) Each owner of a vehicle or construction machinery liable for low emission measures shall take low emission measures within six months from the date he or she is ordered to take such measures. <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
(2) Notwithstanding paragraph (1), where smoke density of a vehicle liable for low emission measures does not exceed 10 percent as a result of a comprehensive motor vehicle inspection pursuant to Article 63 (1) of the Clean Air Conservation Act or it is deemed impossible to take low emission measures, the Mayor may defer (re-defer) the period of taking low emission measures up to one year (in the case of a vehicle of which smoke density does not exceed 10 percent, the next period of inspection). <Amended by Ordinance No. 4882, Nov. 11, 2009; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
(3) The owner of a vehicle liable for low emission measures who has been granted a grace period pursuant to paragraph (2) shall complete low emission measures within two months from the date the reason for deferral ceases to exist. <Amended by Ordinance No. 4882, Nov. 11, 2009; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>

Article 18 (Recommendation of Servicing of Vehicles and Taking Low Emission Measures) (1) Where the Mayor deems that it is hard to expect the reduction efficiency despite the installation of an exhaust gas recirculation device due to the poor service state, etc. of a vehicle liable for low emission measures, he or she may recommend the owner of the vehicle to take low emission measures after having his or her vehicle serviced first. <Amended by Ordinance No. 7249, Jul. 18, 2019>
(2) The Mayor may recommend a business operator who owns more than a certain number of diesel-powered vehicles to take low emission measures, even though they are not liable for low emission measures.

Article 19 (Financial Support) (1) The Mayor may subsidize or loan necessary funds in any of the following cases: <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
1. When the owner of a vehicle or construction machinery who has been ordered to take low emission measures pursuant to Article 16 has implemented low emission measures;
2. Where a fifth grade car owner under subparagraph 1 of Article 30 of the Special Act scraps the vehicle early;
3. Where the owner of construction machinery pursuant to Article 15-2 scraps the machinery early;
4. Other cases where an exhaust gas reduction device, etc. is attached to the source of air pollutants recognized by the Mayor.
(2) The relevant provisions of the Special Act or the Clean Air Conservation Act, etc. shall apply mutatis mutandis to subsidies, etc. <Amended by Ordinance No. 7580, May 19, 2020>
(3) In accordance with Article 28 of the Special Act, the Mayor may support expenses necessary for the replacement of vehicles for specific purposes that cannot be used with diesel vehicles within the budget. <Newly Inserted by Ordinance No. 7580, May 19, 2020>

Article 20 (Regulation of Small Emission Sources) (1) The mayor may order the following measures if deemed necessary to reduce air pollution caused by pollutants discharged from small-scale discharge sources around daily life: <Amended by Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>
1. Prohibition of manufacturing, supply, or sale of heating devices that use wood as fuel (excluding heating devices that meet the certification standards determined and publicly notified by the Minister of Environment);
2. Order to install a volatile organic compound recovery facility at a laundry (limited to facilities using organic solvents);
3. Order to install prevention facilities for small-scale emission sources in which pollutants generated by combustion are directly discharged into the atmosphere;
4. Deleted. <by Ordinance No. 7580, May 19, 2020>
(2) Where an individual or business operator installs preventive equipment on sources of air pollutants pursuant to each subparagraph of paragraph (1), the Mayor may provide necessary financial support within the budget. <Newly Inserted by Ordinance No. 4882, Nov. 11, 2009; Ordinance No. 7249, Jul. 18, 2019; Ordinance No. 7580, May 19, 2020>

ADDENDUM
This Ordinance shall enter into force on January 1, 2008 after its promulgation: Provided, That it shall take effect on January 1, 2009 for a vehicle liable for low emission measures of which total weight is not less than 2.5 tons but below 3.5 tons under the amended provisions of Article 15.
ADDENDA <Ordinance No. 4593, Dec. 26, 2007>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2008.
Article 2 (Period of Existence of Temporary Organization)
The period of existence of Design Seoul General Headquarters in accordance with the amended provisions of Article 19 shall be until December 31, 2009.
Article 3 Omitted.
ADDENDA <Ordinance No. 4616, Apr. 3, 2008>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 4882, Nov. 11, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4907, Jan. 7, 2010>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 5208, Dec. 29, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on January 1, 2012
Article 2 Omitted.
ADDENDA <Ordinance No. 5272, Mar. 15, 2012>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Ordinance No. 5930, May 14, 2015>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Ordinance No. 5975, Jul. 30, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 6609, Sep. 21, 2017>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Ordinance No. 6851, Mar. 22, 2018>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7249, Jul. 18, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7423, Dec. 31, 2019>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDA <Ordinance No. 7580, May 19, 2020>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.

- Form 1 (Application for Lending of Funds to Purchase Natural Gas Vehicles)

- Form 2 (Application for Support for Funds to Purchase Natural Gas Vehicles)