위해도 기반의 오염부지관리를 위한 법제화 방안

Abstract

The Soil Environment Conservation Act (SECA) permits a risk assessment to be carried out only in exceptional case in accordance with Article 15-5. Although the target of risk assessment has been partially expanded through the amendment of the Enforcement Decree of the Soil Environment Conservation Act in November 2018, it is practically impossible to carry out a risk assessment by the civilian responsible parties, except for the case of soil contamination due to natural causes. In this paper, we analyze the system and limitations of the current risk assessment system and propose legislation to overcome them. In particular, the following are some suggestions for improving the risk assessment system, which is exceptionally allowed under current law, namely risk-based contaminated sites management. First, it will be necessary to introduce an investigation and clean-up system to manage the risk-based contaminated sites. In place of the current detailed investigation(Article 5, Paragraph 4), the detailed investigation and the risk assessment should be performed in parallel, and the concern standard is not a cleanup standard but a target cleanup level ; TCL) should be calculated. Second, it is necessary to strengthen and clarify responsibility in relation to the responsibility of cleanup. For example, it is the expansion of the responsible parties in charge of cleanup and the amendment of Article 10-3, Paragraph 2 third of the Soil Environment Conservation Act. Third, it will set up a cleanup fund for stable funding. It is a very important principle in the cleanup responsibility system that the responsible parties of cleanup is responsible for the cost. However, in order to manage the risk-based contaminated sites, it will need the cleanup fund to input urgent finance for immediate and effective risk assessment and cleanup. In conclusion, we propose the amendment of “Soil Environmental Conservation Act” which reflects the above three improvement directions as legislation for risk-based contaminated sites management. In addition, some considerations to review before revision of the Act for the legislation appropriate to domestic reality are presented.