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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE REDUCTION AND CONTROL OF MALODORS IN COMMUNITIES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE REDUCTION AND CONTROL OF MALODORS IN COMMUNITIES

Article 1 (Purpose) The purpose of this Ordinance is to ensure that citizens can live in a healthy and pleasant environment by preventing and reducing malodor in communities under Article 16-7 of the Malodor Prevention Act.


Article 2 (Definitions) 1. The term malodor means any odor that causes displeasure and disgust to people by stimulating their olfactory sense with hydrogen sulfide, mercaptane, amine, or other pungent substances;
2. The term malodor in communities means any malodor generated from facilities, etc. other than malodor-emitting facilities.
3. The term malodor-emitting facilities means a facility under subparagraph 3 of Article 2 of the Malodor Prevention Act.


Article 3 (Duties of the Mayor)

Article 4 (Duties of Business Operators) (2) Where relevant public officials visit the relevant places of business, etc. to perform malodor inspection and technical diagnosis, and thus collect samples for malodor examination or inspect relevant documents, facilities, equipment, etc., business operators shall cooperate accordingly.


Article 5 (Formulation and Enforcement of the Support Plan)

Article 6 (Surveys) (2) Where the survey is conducted under paragraph (1) above, the Mayor may request the head of the relevant Gu to cooperate on the survey and the head of relevant Gu shall endeavor to cooperate accordingly.


Article 7 (Malodor Mapping) (2) Where a malodor map is produced, it shall be disclosed to citizens through website, etc.


Article 8 (Establishment and Organization of the Committee) (1) The Mayor shall establish the malodor in communities control committee of the Seoul Metropolitan City (hereinafter referred to as the Committee) to deliberate on the recipient, etc. of project expenses to install and improve on malodor-preventing facilities and consult a policy for solving the malodor in communities.
(2) The Committee shall be composed of not more than 15 members including 1 chairperson and 1 vice-chairperson. The chairperson and the vice-chairperson shall be elected from among commissioned members and members, respectively.
(3) Members shall be appointed or commissioned from among the following by the Mayor. The number of members appointed from among public officials shall not exceed 1/4 of the total number of members. The number of commissioned members from a specific gender shall not exceed 6/10 of the total number of commissioned members:
1. Ex-officio members: Public officials of level 4 or higher at headquarters, who are engaged in the malodor in communities and subsidy;
2. Commissioned members: Persons with moral influence and expertise in malodor in communities, such as civilian experts and university professors.
(4) The term of office of commissioned members shall be 2 years and such members may serve consecutive terms only once: Provided, That the term of office of supplementary members shall be the remaining term of office of their predecessors; the term of office of ex-officio members shall be the term during which they are in office.


Article 9 (Exclusion, Recusal, and Abdication of Members) 1. Where the member or his/her spouse or ex-spouse becomes a party to the relevant matter or is a joint holder of rights or liabilities with the party to the relevant matter;
2. Where the member is or was a relative of a party to the relevant matter;
3. Where the member provided testimony, statement, advice, research, service, appraisal, etc. as to the relevant matter; or
4. Where the member or a corporation with which the member is affiliated is or was an agent of a party to the relevant matter.
(2) Where any member falls under any of causes for exclusion under paragraph (1) above or it is difficult to expect that such member would deliberate and resolve in a fair way, a party may file a request for recusal with the Committee and the Committee shall determine whether or not to recuse such member from the resolution. In such cases, the member subject to the request for recusal shall not participate in the resolution.
(3) Where any member falls under any of subparagraphs of paragraph (1) or paragraph (2), such a member shall, of his/her own accord, avoid the deliberation and resolution of the relevant matter.


Article 10 (Dismissal of Members) 1. Where such a member himself/herself hopes to resign;
2. Where it is difficult for such member to perform his/her duties due to a disease that requires long-term treatment, or oversea travel lasting 6 months or more;
3. Where such a member leaks or uses, for his/her personal purpose, confidential information that he/she came to know in connection with the affairs of the Committee;
4. Where such member commits corruption in connection with the affairs of the Committee or it is found that he/she committed corruption and is recognized that it is not proper for him/her to keep his/her position as a member;
5. Where such a member fails to avoid notwithstanding the fact that he/she is subject to a request for avoidance.
6. Where a member's annual attendance rate (reckoning from the date of appointment; hereinafter the same shall apply) is less than 50%; or
7. Where it is recognized that such a member is not fit for his/her position as a member due to neglect of duty, injury to dignity, or other reasons.
(2) Paragraph (1) 6 shall not apply to the following:
1. Where only one meeting has been held in one year, which such member is supposed to attend;
2. Where it is difficult to apply the annual attendance rate due to causes, such as remaining term of office less than one year; or
3. Where such member fails to attend due to force majeure, emergency, or other special causes recognized by the Committee, etc.


Article 11 (Duties of the Chairperson) (1) The chairperson shall represent the Committee and supervise the work thereof.
(2) Where the chairperson cannot perform his/her duties due to unavoidable reasons, the vice chairperson shall act as the chairperson. Where both the chairperson and vice chairperson cannot perform their duties due to unavoidable reasons, a member designated in advance by the chairperson shall act as the chairperson.


Article 12 (Operation of the Committee) (2) The Committee meetings shall begin when a majority of registered members are present and resolved by vote of a majority of the members present.
(3) The Committee shall have 1 secretary for its affairs and the secretary shall be the head of team in charge of malodor in communities.
(4) Unless stipulated otherwise in this Ordinance, organization and operation of the Committee shall be governed by the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Various Committees.


Article 13 (Provision of Subsidy, etc.) 1. Malodor inspection and technical diagnosis;
2. Installation, improvement and maintenance of the malodor-preventing facilities;
3. Installation of malodor-reducing facilities, such as air supply devices, in the sump of septic tank; or
4. Other projects that the Mayor recognizes as necessary for facilities that emit the malodor in communities.
(2) Procedures, etc. for the provision of subsidy under paragraph (1) above shall be governed by the Seoul Metropolitan Government Ordinance on the Management of Local Subsidies.


Article 14 (Application and Granting of Subsidy) (2) Where the head of the relevant Gu applies for the subsidy under paragraph (1) above, the Mayor shall determine whether or not to provide and grant the subsidy after examining the relevance, etc. of the project plan and requested amount.
(3) The application period, execution period, required documents, etc. shall be stipulated by rules.


Article 15 (Duty to Report) 1. Where such a business operator intends to commence, terminate or revoke the subsidized project; or
2. Where such a business operator intends to change the details of project plan for which an application for subsidy is filed.


Article 16 (Return of Subsidy) 1. Where such a business operator violates any condition for the granting of subsidy;
2. Where such a business operator suspends all or part of subsidized projects;
3. Where such a business operator is subsidized following a false application or unjustly; or
4. Other cases where it is recognized that the business operator has failed to perform the subsidized projects in good faith, such as failing to respond to an order from the relevant administrative agency to take a corrective measure under the subsidized projects, interrupting or refusing any inspection thereof, etc.
(2) Where a business operator falls under subparagraphs (1), (3) or (4), such a business operator shall be excluded from subsequent subsidies.


Article 17 (Agreement on Self-Control of Malodor in Communities)

Article 18 (Guidance and Supervision)

Article 19 (Enforcement Rules)
Addendum <No. 8910, Oct. 4, 2023>

This Ordinance shall enter into force on the date of its promulgation.

Addendum <No. 8910, Oct. 4, 2023>
This Ordinance shall enter into force on the date of its promulgation.