Waste Treatment Business Permit in Korea

What is a waste treatment business, and does it require a permit?

A person who intends to collect and transport, recycle or dispose of waste as a business must obtain a permit (except those recycling household waste other than food waste and persons who have filed a waste treatment report). There are seven business types: waste collection and transport, intermediate disposal, final disposal, comprehensive disposal, intermediate recycling, final recycling and comprehensive recycling. A holder of a treatment permit such as intermediate disposal may collect and transport the waste it treats by itself.

What are the permit requirements?

(1) Suitability notice on the business plan: the review covers whether there are grounds for disqualification, whether the facility location conflicts with other laws, whether the facilities, equipment and technical capability meet the permit criteria, and whether there are effects on the surrounding environment.

(2) Facilities, equipment and technical capability: the standards in the Enforcement Rule must be met. For example, designated waste collection and transport needs a parking area, a vehicle washing facility (20 m² or more) and at least one technically qualified person such as an Industrial Engineer in Waste Treatment, and medical waste collection and transport needs three or more refrigerated vehicles, among other things.

(3) Disqualifications: minors, persons under adult or limited guardianship, undischarged bankrupts, persons within 10 years after completing a prison sentence (imprisonment without labor or heavier) for violating this Act, persons within 10 years after permit revocation, and corporations with such an officer or employee cannot obtain a permit.

Which documents are needed?

In Step 1, attach to the waste treatment business plan form a collection and transport plan or a disposal or recycling plan (including plans for installing facilities and securing equipment and technical capability), among others; an environmental review report is added for incineration and landfill facilities. In Step 2, attach to the permit application form a statement of facilities and equipment, the collection and transport (or disposal or recycling) plan and process charts, the status of technical personnel with proof of their qualifications, and, for disposal businesses, the basis for calculating storage capacity and a landfill post-closure management plan. Documents differ by business type, so fix the business type first.

What is the procedure?

(1) Fix the business type and the waste to be handled → (2) submit the waste treatment business plan → (3) receive the suitability notice → (4) secure facilities, equipment and technical capability within the deadline → (5) submit the permit application and attachments → (6) receive the permit certificate. The permit may carry conditions for residents' convenience, environmental protection and the like. Facility design and construction and obtaining technical qualifications are not services of this office.

How long does it take?

The application forms state a processing period of 30 days for the business plan (20 days for waste collection and transport) and 10 days for the permit application. The permit application must be made within 2 years of the suitability notice (6 months for collection and transport, 3 years where incineration or landfill facilities must be installed), and this may be extended for unavoidable reasons such as natural disasters. Time for installing facilities is separate.

Which authority grants the permit?

The Minister of Climate, Energy and Environment (head of the regional environmental office) for designated waste, and the si/do governor for other waste. The application is submitted to the si/do governor or head of the regional environmental office with jurisdiction over the planned site of the waste disposal or recycling facility (for collection and transport, the parking area location for designated waste, or otherwise the contact point or office location).

What is the statutory fee?

The waste treatment business permit application fee is prescribed in the Enforcement Rule of the Wastes Control Act. Confirm the amount with the environment department of the competent city/province or the regional environmental office.

Why is an application rejected or a permit revoked?

At the suitability review stage, a disqualification, a location conflicting with other laws, facilities, equipment or technical capability not meeting the standards, or effects on the surrounding environment may be problems. After the permit, obtaining it by deception or other improper means, or later falling under a disqualification, are grounds for revocation. Running a waste treatment business without a permit can lead to imprisonment of up to 5 years or a fine of up to KRW 50 million.

What can an administrative agent help with?

YouSun Administrative Agency prepares the business plan, permit application and attachments, reviews the requirements and submits them to the authority on your authorization. Facility design and construction, preparing environmental review or environmental impact assessment reports, and obtaining technical qualifications belong to specialist institutions or qualified professionals and are not handled. Work restricted by other laws cannot be handled, and litigation or court representation is outside the scope of an administrative agent and is not offered. Whether a permit is granted is decided by the competent authority.