Busan Metropolitan City Ordinance on the Entrustment Operation of the Public Sewerage Treatment Facilities, etc
- Article 1 (Purpose)
- The purpose of this Ordinance is to prescribe the matters necessary for the entrusted operation of the public sewerage treatment facilities (including the sewer box culvert and the intermediary pump place; hereinafter the same shall apply) and the excreta treatment facilities established and managed by Busan Metropolitan City under the Sewerage Act, and the athletic facilities established at the public sewerage treatment facilities under the Installation and Utilization of Sports Facilities Act .
- Article 2 (Name and Location)
- The name and location of the public sewerage treatment facilities and the excreta treatment facilities established and managed by Busan Metropolitan City shall be as specified in the attached Table.
- Article 3 (Entrusted Operation) (1) The Busan Motropolitan City Mayor (hereinafter referred to as “the Mayor”) may entrust the management business of the public sewerage treatment facilities and the excreta treatment facilities to a relevant specialized institution under Article 74 (3) of the Sewerage Act.
- (2) The Mayor may entrust the management and operation of the athletic facilities established at the public sewerage treatment facilities (hereinafter referred to as the “supplementary athletic facilities”) under Article 9 of the Installation and Utilization of Sports Facilities Act to a nonprofit corporation and organization related to athletics or a nonprofit corporation established under Local Public Enterprises Act.
- (3) If the Mayor wishes to entrust the operation of the public sewerage treatment facilities, the supplementary athletic facilities, and the excreta treatment facilities (hereinafter referred to as the “treatment facilities, etc.”) under the paragraph (1) and (2), the Mayor shall make an agreement with the person who is entrusted (hereinafter referred to as the “entrusted person”).
- Article 4 (Obligations of the Entrusted Person) (1) The entrusted person shall devise an efficient operating method for the smooth operation of the treatment facilities, etc.
- (2) The entrusted person shall be bona fide to manage the treatment facilities, etc.
- (3) If the entrusted person shall make any alteration or damages its facilities without the approval of the Mayor, the entrusted person shall recover or pay compensation for such damage.
- (4) The entrusted person shall carry out a regular and year-round inspection on the whole facility fixing a period of time every year for the proper management and operation of the treatment facilities, etc. and shall take necessary measures such as the repair of the facilities, etc.
- (5) The entrusted person shall be directed and supervised by the Mayor regarding the operation of the treatment facilities, etc., and establish the management regulations necessary for such operation with the approval of the Mayor.
- Article 5 (Businesses of the Entrusted Person)
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The businesses of the entrusted person shall be as follows:
- 1. Operation and management of the public sewerage treatment facilities, the excreta treatment facilities, etc;
- 2. Treatment of the sewerage and excreta collected and carried from the Busan Metropolitan City;
- 3. Management including the machinery maintenance, repair, and item storage of the public sewerage treatment facilities, the excreta treatment facilities, etc;
- 4. General business management of the public sewerage treatment facilities, the excreta treatment facilities, etc;
- 5. Analysis, test, and inspection of the sewerage and excreta;
- 6. Acting for collection of the excreta treatment fees; and
- 7. Other necessary matters for the management and operation of the treatment facilities, etc.
- Article 6 (Termination of Agreement on Entrustment) (1) In a case falling under any of the following subparagraphs, the Mayor may terminate the entrustment contract:
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- 1. Where the entrusted person violates the related Act and subordinate statute or this Ordinance;
- 2. Where the entrusted person commits a breach of the said agreement on entrustment;
- 3. Where the entrusted person is unable to operate the treatment facilities, etc. due to causes attributable to the entrusted person.
- (2) The Mayor shall hold a hearing if the Mayor intends to terminate an entrustment contract under the paragraph (1).
- Article 7 (Burden of Expenses) (1) The Mayor shall burden the Busan Metropolitan City Sewerage Project Special Account under the Busan Metropolitan City Ordinance on the Sewerage Project Special Account with the expenses necessary for the entrusted management and operation of the treatment facilities, etc. , but may also burden the general account with part of the expenses: Provided, that the Mayor shall burden the general account with the expenses necessary for the entrusted management and operation of the excreta treatment facilities.
- Article 8 (Support for the Residents’ Life) (1) The entrusted person shall endeavor to minimize the inconvenience of the life of the residents nearby the facilities in managing and operating the treatment facilities.
- (2) The entrusted person may do business for supporting the residents such as opening the supplementary athletic facilities to the residents.
