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BUSAN METROPOLITAN CITY FRAMEWORK ORDINANCE ON ENVIRONMENT

By Environmental Policy Division Sep 28, 2020 1078  Views
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BUSAN METROPOLITAN CITY FRAMEWORK ORDINANCE ON ENVIRONMENT

Wholly Amended by Ordinance No. 4454, Dec. 30, 2009

Amended by Ordinance No. 4515, Jul. 6, 2010

Ordinance No. 4794, Aug. 8, 2012

Ordinance No. 4962, Oct. 30, 2013

Ordinance No. 5053, Jul. 30, 2014

Ordinance No. 5078, Jan. 1, 2015

Ordinance No. 5344, Jun. 8, 2016

Ordinance No. 5456, Nov. 2, 2016

Ordinance No. 5667, Nov. 1, 2017

Ordinance No. 5934, Jul. 10, 2019

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to properly and sustainably manage and conserve the environment through prevention of pollution and damage to the environment by prescribing matters fundamental to environmental conservation policies as prescribed by the Framework Act on Environmental Policy.
  • Article 2 (Basic Idea)
  • (1) The basic concept of environmental conservation of Busan Metropolitan City (hereinafter referred to as the "City") shall be to create an environment necessary for all citizens to live a healthy and pleasant life and thereby to bequeath the environment to future generations.
  • (2) The environmental conservation of the City shall be promoted so as to create an ecologically friendly city where people and nature can coexist harmoniously and develop continuously.
  • (3) All the policies of the City shall reflect the basic concepts under paragraphs (1) and (2) to the utmost.
  • Article 3 (Basic Principles)
  • Environmental conservation policies shall be promoted according to the following basic principles:
    • 1. The principle of integrated environmental management;
    • 2. The principle of advance consideration for conserving and managing living environments, natural environments and the environment at the earth;
    • 3. The principle of mitigating burden on the environment;
    • 4. The principle of expenses to be borne by persons causing pollution;
    • 5. The principle of environmental information disclosure and civic participation;
    • 6. The principle of cooperation with the State and local governments in Korea and abroad.
  • Article 4 (Definitions)
  • The terms used in this Ordinance shall be defined as follows:
    • 1. The term "global environmental conservation" means all the environmental conservation activities to address situations adversely affecting the whole, or an extensive part of, the world, such as global warming, ozone layer depletion, marine pollution, reduction in biodiversity, etc.;
    • 2. The term "Busan Agenda 21" means a task to be implemented by residents, enterprises and the City for sustainable development, which are action objectives and action plans on a regional scale formulated cooperatively among residents, enterprises, and the City acting as the main players;
    • 3. The term "sustainable development" means sustainable development defined in subparagraph 2 of Article 2 of the Sustainable Development Act;
    • 4. The term "greenhouse gas" means greenhouse gas defined in subparagraph 3 of Article 2 of the Clean Air Conservation Act;
    • 5. Deleted.
  • Article 5 (Responsibilities of the City)
  • (1) To conserve the environment and create a new urban environment, the City shall take responsibility to formulate an environmental conservation plan under Article 7 and to implement it.
  • (2) The City shall recognize the importance of the functions of Gus, Guns, and the Busan-Jinhae Free Economic Zone Authority (hereinafter referred to as "Gu, Gun, etc."); and shall endeavor to support the environmental conservation policies of Gus, Guns, etc.
  • Article 6 (Responsibilities of Citizens)
  • (1) The citizens shall voluntarily endeavor to adopt an eco-friendly lifestyle in their daily life; and shall be responsible to cooperate in the environmental conservation policies implemented by the City, Gus, Guns, etc.
  • (2) The citizens shall make environmental conservation a practical part of their way of life and shall specifically endeavorto do the following:
    • 1. Active actions, such as instantaneously guiding a person who pollutes the environment if the person is discovered while doing so or reporting such fact to an administrative agency;
    • 2. Avoiding unconditional opposition or regional selfishness regarding environmental problems, but suggesting practical alternatives for solving problems;
    • 3. Participating in the process of formulating or promoting environmental policies and suggesting opinion;
    • 4. Creating pleasant urban scenery through voluntary activitiesmeant to conserve the environment in the surrounding habitat.
  • Article 7 (Formulation of Environmental Conservation Plans)
  • (1) Every five years, the Busan Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall formulate a Busan Metropolitan City environmental conservation plan (hereinafter referred to as "environmental conservation plan") pursuant to Article 18 (1) of the Framework Act on Environmental Policy (hereinafter referred to as the "Act").
  • (2) Each environmental conservation plan shall include the following:
    • 1. Changes in environmental factors, such as population, housing, industry, transportation, land utilization, etc., and outlook therefor;
    • 2. Status of the environment, estimation of the volume of pollution discharge, and outlook for changes in environmental quality;
    • 3. Environmental conservation objectives and the following project plans to achieve such objectives:
      • (a) Matters concerning environmental conservation, such as preventing air, water and soil pollution;
      • (b) Matters concerning conservation of the natural environment appropriate to regional conditions, such as preserving wild fauna and flora, securing biodiversity, etc.;
      • (c) Matters concerning coexistence of humans and nature, preserving excellent scenery, etc.;
      • (d) Matters concerning circulatory use of resources, efficiently using energy and reducing wastes;
      • (e) Matters concerning conserving the global environment, such as preventing global warming, protecting the ozone layer, preventing acid rain, etc.;
      • (f) Matters concerning appropriate control of toxic chemicals;
      • (g) Matters concerning civic participation and strengthening cooperation among citizens in the environmental conservation;
      • (h) Matters concerning installation of environmental facilities, organizations, employment of specialists, etc.;
    • 4. Calculation of expenses needed in the implementation of projects and financing methods;
    • 5. Evaluation of the immediately preceding environmental conservation plan;
    • 6. Other important matters concerning environmental conservation.
  • (3) When the Mayor formulates or amends an environmental conservation plan, he or she shall prepare necessary measures so that citizens' opinion is reflected in the plan.
  • (4) If the Mayor intends to formulate an environmental conservation plan, he or she shall submit it to be deliberated upon by the Busan Metropolitan City environmental conservation advisory committee under Article 12 and hear opinion of Gus, Guns, etc.
  • (5) When an environmental conservation plan is determined, the Mayor shall, without delay, announce and promote it.
  • (6) When the Mayor formulates or modifies major plans of the City, he or she shall five preferential consideration to the environment and endeavor so that the plans do not conflict with environmental conservation plans.
  • Article 8 (Establishment of City Environmental Standards)
  • (1) In order to protect citizens' health and to create a pleasant environment, the City shall establish regional environmental standards in consideration of environmental circumstances of the City and endeavor to maintain the standards pursuant to Article 12 (3) of the Act.
  • (2) Clean air environmental standards among the City environmental standards under paragraph (1) shall be as listed in the attached Table.
  • Article 9 (Installation, and Management of Facilities Related to Environmental Conservation)
  • To secure sites for environmental facilities, such as waste and sewage treatment facilities, facilities to prevent air pollution, etc. and to maintain and manage the environmental facilities, the City shall prepare necessary measures.
  • Article 10 (Implementation of Environmental Inspection and Research)
  • (1) The City shall arrange a system for observation, measurement, etc. necessary precisely ascertaining environmental condition, and implement an inspection of the quality of local environment and announce the result, and, if necessary, may have relevant specialists, citizens, organizations, etc. participate in the inspection.
  • (2) The City shall endeavor to collect information on preventing environmental pollution, conserving the natural environment, conserving the global environment, and on the rest of matters relating to environmental conservation; and shall simultaneously endeavor to implement scientific inspection and research, to conduct technological development and to disseminate the findings therefrom.
  • Article 11 (Financial Support for Environmental Conservation Activities )
  • (1) The City shall prepare the financial measures necessary to cover expenses required in promoting policies for environmental conservation and improvement thereof.
  • (2) The City may support a portion of the expenses needed for the environmental conservation projects of Gus, Guns, etc., within budgetary limits.
  • (3) The City may give technological instructions and advice as necessary for voluntary environmental conservation activities performed by citizens, enterprisers, private environmental organizations, or research institutions, and for installing and operating facilities to reduce the discharge of greenhouse gases and to decrease particulate matter emissions; or for inspecting, researching, etc. the same, or may give financial support within budgetary limits.
  • Article 12 (Environmental Policy Committee)
  • Pursuant to Article 58 (2) of the Act, the Busan Metropolitan City Environmental Policy Committee (hereinafter referred to as the "Committee") shall be established to give advice to the Mayor on environmental conservation.
  • Article 13 (Functions)
  • The Committee shall deliberate on the following matters:
    • 1. Matters concerning formulating and amending environmental conservation plans;
    • 2. Matters concerning environmental standards;
    • 3. Matters concerning managing and operating the Busan Metropolitan City environmental conservation fund;
    • 4. Matters concerning managing and operating the resident support fund under the Busan Metropolitan City Ordinance on Waste Management;
    • 5. Deleted;
    • 6. Matters concerning formulating an action plan for conserving the natural environment under Article 3 (1) of the Busan Metropolitan City Ordinance on the Conservation of the National Environment and matters concerning designating and modifying conservation areas under Article 5 of the same Ordinance;
    • 7. Matters concerning the development of the policy agenda and support for creating public opinions on environmental conservation;
    • 8. Other matters concerning environmental conservation, as submitted by the Mayor for deliberation.
  • Article 14 (Composition)
  • (1) The Committee shall consist of 20 or fewer members, including one chairperson and one vice chairperson.
  • (2) The Vice Mayor for Economic Affairs shall be the chairperson of the Committee and the vice chairperson shall be elected by the Committee from among its members.
  • (3) The Chief Officer of the Office of Urban Planning, Chief Officer of the Environmental Policy Bureau and the President of the Research Institute of Health and Environment of Busan Metropolitan City shall become ex-officio members; and other members shall be commissioned by the Mayor from among the following persons:
    • 1. Public officials of Grade IV or higher who serve at a government agency and are in charge of environmental duties;
    • 2. Persons recommended by the Busan Metropolitan Council;
    • 3. Persons recommended by non-governmental organizations (referring to the non-governmental organizations under Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act);
    • 4. Persons who have abundant knowledge and experience in environmental conservation or urban planning.
  • Article 15 (Term of Office)
  • Commissioned members shall have a term of office for two years and may be re-commissioned one time only: Provided, That a member filling a vacancy shall serve his or her predecessor's remaining term of office.
  • Article 16 (Duties of Chairperson)
  • (1) The chairperson shall represent, and take general charge of the duties of, the Committee.
  • (2) Where the chairperson is unable to perform duties due to inevitable circumstances, the vice chairperson shall perform the duties of the chairperson on behalf of the chairperson; where both the chairperson and the vice chairperson are unable to perform duties, a member designated by the chairperson beforehand shall perform the duties of the chairperson.
  • Article 17 (Meetings)
  • (1) The chairperson shall convene and chair Committee meetings.
  • (2) The meetings of the Committee shall commence when a majority of registered members is present, and a resolution shall be passed when a majority of members present vote in favor.
  • Article 18 (Executive Secretary)
  • An executive secretary and a secretary shall be appointed to administer affairs of the Committee; the director of the environmental policy division shall become the executive secretary and a public official of Grade V in charge of the environmental policy shall become the secretary.
  • Article 19 (Allowances)
  • Commissioned members may be paid allowances and travelling expenses within budgetary limits.
  • Article 20 (Operating Rules)
  • Except as provided in this Ordinance, matters necessary for operating the Committee shall be determined by the chairperson after determination by the Committee.
  • Article 21 (Establishment of Fund)
  • To swiftly promote environmental conservation policies pursuant to Article 54 of the Framework Act on Environmental Policy and Article 142 of the Local Autonomy Act, the Mayor shall establish a Busan Metropolitan City environmental conservation fund (hereinafter referred to as the "Fund").
  • Article 22 (Financial Sources of Fund)
  • The Fund shall be established by raising money from the following financial sources:
    • 1. The general account of the City and the contributions from waterworks and sewerage special account;
    • 2. Grant-in-aid for collecting environmental improvement charges under Article 9 of the Environmental Improvement Cost Liability Act;
    • 3. Earnings from operating the Fund;
    • 4. Revenues from selling certificates authenticating the supply of new and renewable energy generated from waste-to-energy facilities under attached Table 1 of the Busan Metropolitan City Ordinance on Management, etc. of Wastes;
    • 5. Other revenues.
  • Article 23 (Uses of Fund)
  • The Fund shall be operated for the following uses:
    • 1. Implementing various projects related to environmental conservation under this Ordinance;
    • 2. Subsidizing expenses necessary for institutions or organizations implementing environmental conservation projects of the City in place of the City;
    • 3. Subsidizing expenses necessary for environmental conservation projects of Gus, Guns, etc.;
    • 4. Other project expenses necessary for environmental conservation.
  • Article 24 (Establishment of Fund Account)
  • For transparency as to the revenues and disbursements of the Fund, the Mayor shall establish a Fund account at the Busan Metropolitan City treasury designated pursuant to Article 77 of the Local Finance Act.
  • Article 25 (Committee for Deliberation on Fund Operations)
  • The matters to be deliberated upon by the committee for deliberation on fund operations pursuant to Article 13 (2) of the Framework Act on the Management of Local Government Funds shall be deliberated upon by the Committee under Article 12. In such cases, the Committee shall be deemed the committee for deliberation on fund operations under Article 13 (1) of the Framework Act on the Management of Local Government Funds.
  • Article 26 (Accounting Positions)
  • Accounting positions shall be filled by the following designees in charge of the duties concerning revenues and disbursements of the Fund:
    • 1. Fund operations director: Chief Officer of the Office of Environmental Policy;
    • 2. Fund operations manager: Director of a division in charge of the environmental conservation Fund;
    • 3. Cashier: A public official of Grade V in charge of the environmental conservation Fund.
  • Article 27 (Application Mutatis Mutandis)
  • Except as provided in this Ordinance, matters concerning managing and operating the Fund shall follow standards set for general accounting.
  • Article 28 (Disclosure of Information)
  • To ensure credibility for environmental conservation policies of the City and to encourage the citizens voluntarily participate by guaranteeing their right to be informed, the City shall disclose information necessary for environmental conservation to the extent not infringing on the rights of individuals and juristic persons.
  • Article 29 (Environmental White Papers)
  • (1) To contribute to swiftly promoting environmental conservation policies and to inform citizens of the environmental conditions, details of environmental conservation policies, the current state of the promotion thereof, etc., the Mayor shall annually prepare and officially announce environmental white papers.
  • (2) The environmental white papers under paragraph (1) shall include the following matters:
    • 1. Matters concerning the status of the environment;
    • 2. Major policies concerning environmental conservation and the status of promotion thereof;
    • 3. Other major matters concerning environmental conservation.
  • Article 30 (Civic Participation)
  • The City shall prepare measures to reflect the citizens' consensus as to the administration of environmental matters, such as determination, implementation, evaluation, etc. of environmental conservation policies.
  • Article 31 (Sustainable Development Council)
  • (1) To efficiently implement Busan Agenda 21, formulated for sustainable development according to Agenda 21 adopted at the United Nations Conference on Environment and Development held in Brazil in 1992, the City shall establish the Sustainable Development Council (hereinafter referred to as the "Council").
  • (2) The Council shall implement the following projects:
    • 1. Formulating, promoting, and evaluating an action plan for Busan Agenda 21;
    • 2. Educating and publicizing, the promotion of an action project for Busan Agenda 21;
    • 3. Implementing inspection and research projects for fulfilling Busan Agenda 21;
    • 4. Exchanging, cooperating and researching with Korean and foreign organizations related to Local Agenda 21 initiatives;
    • 5. Matters concerning invigorating Local Agenda 21 initiatives of Gus, Guns, etc.;
    • 6. Other matters necessary for the Local Agenda 21 initiatives.
  • (3) The Council shall consist of 70 or fewer members, including three chairpersons.
  • (4) The Council shall have three co-chairpersons: the Vice Mayor for Economic Affairs and two persons elected by the Council from among its members shall become co-chairpersons.
  • (5) The Chief Officer of the Office of Urban Planning, Chief Officer of the Office Environmental Policy, and the Director-General of the Water Policy Bureau, and persons commissioned by the Mayor from among persons with abundant knowledge and experience in the field of sustainable development, shall become the Council members.
  • (6) Commissioned members shall have a term of office of two years, and may be re-commissioned.
  • (7) The co-chairpersons shall represent the Council.
  • (8) The meetings of the Council shall be held when a majority of members on the register is present, and a resolution is passed when a majority of members present vote in favor.
  • (9) The Mayor may fully or partially subsidize expenses necessary for operating the Council.
  • (10) In addition to the matters prescribed by this Ordinance, matters necessary for operating the Council shall be determined by the co-chairpersons after discussion by the Council.
  • Article 32 (Busan Green Environment Awards)
  • (1) The Mayor may confer a Busan green environment award (hereinafter referred to as "environment award") on citizens, organizations, etc. that have made substantial contributions to environmental conservation.
  • (2) The environment award shall be classified into three sectors including a green family sector, green group sector and green enterprise sector, and shall be awarded to a selected person qualified for a grand prize and to persons qualified for a prize in each sector.
  • (3) For examination of environment awards under paragraph (2), a Busan Metropolitan City environment award examination committee (hereinafter referred to as "examination committee") shall be established.
  • (4) The examination committee shall consist of not more than 10 members, including a chairperson; the chairperson shall be elected by the examination committee from among its members, and two public officials of at least Grade III from the City and persons commissioned by the Mayor from among the following persons shall become its members:
    • 1. University or college professors recommended by university presidents or deans;
    • 2. Journalists of at least senior manager level recommended by the heads of media organizations;
    • 3. Persons with abundant knowledge and experience in environmental matters;
  • (5) Members of the examination committee shall be decommissioned simultaneously upon conferring environment awards for the year.
  • (6) Except as provided in this Ordinance, matters necessary for conferring environment awards shall be determined by the chairperson after discussion by the examination committee.
  • Article 33 (Cooperation with Government and Other Local Governments)
  • Regarding the matters requiring wide-scale countermeasures for environmental conservation, the City shall endeavor to promote them in cooperation with the Government or other local governments.
  • Article 34 (Strengthening of International Cooperation)
  • The City shall exchange information and technologies on environment and train specialists through international cooperation with local governments, private organizations, etc. of foreign countries, and actively participate in international society's efforts for the conservation and restoration of global environment.
  • ADDENDUM <Ordinance No. 5934, Jul. 10, 2019>
  • Article 1 (Enforcement Date)
  • This Ordinance shall enter into force on the date of its promulgation.
  • Article 2 Omitted.