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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON WASTES CONTROL

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated by the Wastes Control Act, the Enforcement Decree of the aforesaid Act, and the Enforcement Rules of the aforesaid Act and matters necessary for the enforcement thereof.
[This Article Wholly Amended by Ordinance No. 4771, May 28, 2009]

Article 2 (Assistance and Coordination in Waste Management Business) (1) Pursuant to Article 4 of the Wastes Control Act (hereinafter referred to as the "Act"), the Mayor of the Seoul Metropolitan Government (hereinafter referred to as "Mayor") shall assist and coordinate for the head of each autonomous Gu (hereinafter referred to as "head of Gu") in the following matters: <Amended by Ordinance No. 4771, May 28, 2009>
1. Costs and expenses for the installation and operation of waste disposal facilities and technical support therefor;
2. Subsidization for expenses for the collection, transportation, and disposal of wastes;
3. Joint installation and use of waste disposal facilities;
4. Mobilization of, and assistance in, manpower, facilities, and equipment for cleaning in the event of disaster or other emergence;
5. Other matters that the Mayor considers necessary for the efficient implementation of projects for the disposal of wastes. <Amended by Ordinance No. 4771, May 28, 2009>
(2) The Mayor may recommend heads of Gu to jointly install and use waste disposal facilities, and heads of Gu shall comply with such recommendation, unless extenuating circumstances exist.
(3) If two or more autonomous Gus install a greater-regional facility for waste disposal under Article 5 (1) of the Act, the Mayor may support them more preferentially than other autonomous Gus.

Article 3 (Greater-Regional Management of Wastes) (1) The Mayor may entrust a person specified in Article 5 of the Enforcement Rule of the Wastes Control Act or Article 5 of the Seoul Metropolitan Government Ordinance on the Facilitation of Installation of Facilities for Recovery of Resources, the Support for Neighboring Communities, etc. with the installation and operation of greater-regional facilities for waste disposal. <Amended by Ordinance No. 4771, May 28, 2009>
(2) If two or more autonomous Gus jointly install and operate a greater-regional facility for waste disposal, they may establish and operate an association under Article 159 of the Local Autonomy Act. <Amended by Ordinance No. 4588, Dec. 26, 2007>

Article 4 (Charges for Disposal of Wastes to Waste Disposal Facilities) (1) Waste disposal charges the Seoul Metropolitan Government shall collect pursuant to Article 6 of the Act shall be determined by the Mayor, taking the following costs and expenses into consideration: <Amended by Ordinance No. 4771, May 28, 2009>
1. Expenses incurred in the disposal of wastes, adequately calculated for each type of wastes, taking into consideration costs and expenses for the installation and operation of waste disposal facilities;
2. Expenses incurred in the collection and transportation of wastes, where a person who installs and operates a waste disposal facility him/herself collects and transports wastes;
3. Other expenses incurred in providing the minimum support to residents in the areas in the vicinity of waste disposal facilities. <Amended by Ordinance No. 4771, May 28, 2009>
(2) The collection of waste disposal charges and the disposition of delinquent waste disposal charges shall be carried out in the same manner as local taxes are imposed and collected.

Article 5 (Disposal of Household Wastes, etc.) (1) When the head of each Gu authorizes an agent for the disposal of household wastes under Article 8 of the Enforcement Decree of the Wastes Disposal Act to collect, transport, store, and dispose of household wastes discharged from the area within his/her jurisdiction and wastes from business establishments under Article 6 (2) 2 of this Ordinance vicariously, he/she shall designate the agent's business territories. <Amended by Ordinance No. 4771, May 28, 2009>
(2) If the head of each Gu considers necessary for collecting, transporting, and disposing of wastes in a sanitary and prompt manner, he/she may provide an agent for the disposal of household wastes with facilities and equipment.

Article 6 (Implementation of Volume-Rate Waste Disposal System) (1) When the head of each Gu intends to collect charges on the collection, transportation, and disposal of household wastes discharged from the area within his/her jurisdiction pursuant to Article 14 (3) of the Act, he/she shall collect such charges at differential rates according to the volume of wastes discharged (hereinafter referred to as the "volume-rate waste disposal system"). <Amended by Ordinance No. 4771, May 28, 2009>
(2) Wastes subject to the volume-rate waste disposal system under paragraph (1) are as follows: Provided, That coal briquette ashes, recyclable materials, and large wastes may be excluded herefrom: <Amended by Ordinance No. 4771, May 28, 2009>
1. Household wastes under subparagraph 2 of Article 2 of the Act;
2. Ordinary wastes discharged from business establishments under subparagraph 7 of Article 2 of the Enforcement Decree of the Wastes Control Act, which shall be disposed of in the manner prescribed in subparagraph 3 (a) (2) of Table 5 attached to the Enforcement Rule of the Wastes Control Act. <Amended by Ordinance No. 4771, May 28, 2009>
(3) Except as otherwise provided for in this Ordinance, matters necessary for the implementation of the volume-rate waste disposal system under paragraph (1), including compressed wastes, wastes discharged in a large volume at once, shall be separately determined by the Mayor.

Article 7 (Business Territories of Businesses of Collection and Transportation of Household Wastes) When the Mayor grants a permit for business of collection and transportation of household wastes pursuant to the proviso to Article 25 (6) of the Act, he/she shall limit its business territory to the whole area under the jurisdiction of the competent autonomous Gu of the business entity's principal place of business. <Amended by Ordinance No. 4771, May 28, 2009>

Article 8 (Guidance for and Supervision of Wastes Disposal Business Entities) Pursuant to Article 39 of the Act, the Mayor shall assign public officials in charge to inspect waste disposal business entities on the following matters at least once a year: <Amended by Ordinance No. 4771, May 28, 2009>
1. Whether they have adequate facilities, equipment, and technical capabilities;
2. Whether the collection, transportation, storage, and disposal of wastes are properly performed;
3. Whether charges are collected appropriately;
4. Whether other administrative instructions have been complied with. <Amended by Ordinance No. 4771, May 28, 2009>

Article 9 (Rewards for Reporting Illegal Dumping of Wastes) (1) In order to control illegal dumping of wastes effectively and encourage residents' voluntary surveillance activities, the Mayor may pay a specified amount of reward, within budgetary limits, to a person who reports a case of illegal dumping of wastes.
(2) The reward for reporting a case of illegal dumping of wastes under paragraph (1) shall be paid to the first person to report, only when a fine for negligence is imposed due to such report.
(3) The criteria, method, and procedure for the payment of rewards for reporting a case of illegal dumping of wastes and other necessary matters shall be prescribed by rules.

Article 10 (Citizen Participation) (1) The Mayor shall endeavor to promote the participation of citizens or non-governmental organizations in the establishment and implementation of policies necessary for the reduction, recycling, and appropriate disposal of wastes.
(2) The Mayor may, if necessary for the reduction, recycling, and appropriate disposal of wastes, provide citizens or non-governmental organizations with information, technologies, and financial and other necessary support for their activities.

Article 11 (Establishment of Citizens' Council) (1) The Mayor may establish the Citizens' Council for the Resolution of Wastes Issues of the Seoul Metropolitan Government (hereinafter referred to as the "Council") in order to seek for advice on policies on wastes control.
(2) The Council shall advise to the Mayor as sought on the following matters: <Amended by Ordinance No. 4771, May 28, 2009>
1. Matters concerning the development of, consulting on, and implementation of the basic plan for the disposal of wastes;
2. Participation in activities for joint evaluation and inspection of autonomous Gus' administration for cleaning;
3. Voluntary participation in activities for the advocacy and education for the promotion of the reduction and recycling of wastes;
4. Selection of persons and organizations eligible for the support of recycling business entities, such as loans from the fund for the fostering of recycling business entities;
5. Matters concerning the introduction of new technologies for waste disposal facilities and the environmental impact assessment thereon;
6. Technical reviews on the proper scale of waste disposal facilities and disposal methods, feasibility study, etc.
(3) The Council shall be comprised of not more than 30 persons from among representatives or executives and employees of institutions, associations, non-governmental organizations, environmental organizations, etc. related to the implementation of policies on wastes disposal and experts.
(4) The Mayor may, if survey or research is required for performing his/her duties, request the Council or a specialized institution or organization recommended by the Council to conduct such a survey or research and may subsidize it, within budgetary limits, for expenses incurred in such survey or research.
(5) Council members who participate in the Council's activities may be reimbursed for allowances, travel expenses, and other expenses within budgetary limits.
(6) The term of office for council members, the operation of the Council, and other necessary matters shall be prescribed by rules. <Amended by Ordinance No. 4771, May 28, 2009>

Article 12 (Statistical Survey on Wastes) The head of Gu shall prepare a report on the results of the disposal of wastes and statistics of wastes in the area under his/her jurisdiction each year and submit it to the Mayor not later than the end of February the following year.

Article 13 (Imposition of Fines for Negligence, etc.) The guidelines for the imposition of fines for negligence for each type of offenses under Article 68 of the Act shall be prescribed by rules by applying the Regulation on the Imposition and Collection of Fines for Negligence mutatis mutandis, and the procedures for the imposition and collection shall be governed by the Act on the Regulation of Violations of Public Order. <Amended by Ordinance No. 4771, May 28, 2009>

ADDENDUM <Ordinance No. 4095, May 15, 2003>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4588, Dec. 26, 2007>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4771, May 28, 2009>
This Ordinance shall enter into force on the date of its promulgation.