What are the representative types in which a charge of violating the Wastes Control Act is established?

Hello. This is an attorney specializing in corporate law at Daeryun Law LLC.

In practice, the types most frequently at issue for violating the Wastes Control Act are as follows.

· Cases of treating, collecting, transporting, or storing waste without a license or registration

· Cases of collecting, transporting, or treating another's waste without a waste treatment business license

· Cases of treating waste other than the permitted types (designated/business-site/construction waste, and the like)

· Cases of stockpiling or storing waste for a long period at a location that has not been licensed

· Cases of storing (neglecting or dumping) in excess of the permitted capacity or period

· Cases of open-air stacking in excess of the quantity and period storable under the license conditions

· Cases where environmental harm, such as odor, leachate, and scattering dust, occurs due to long-term neglect

· Cases of recording the waste as having been treated for ‘recycling’ while in substance simply landfilling or neglecting it

· Cases where, even though the consigned company committed a violation of the Wastes Control Act, the original business operator is assessed to have failed to fulfill its management and supervision duties, and the like

From a company's standpoint, conduct perceived as merely a matter of ‘practical convenience’ or ‘industry practice’ is highly likely to be assessed by investigative agencies as an intentional violation of the Wastes Control Act, so it is important to check the contract structure and treatment flow in advance, and, if an issue is raised, to prove the actual treatment circumstances and the existence of a management system.

If you undergo an investigation into charges of violating the Wastes Control Act, we recommend that you systematically organize the following materials.

· Documents related to licensing and registration
· The waste treatment business license, and records of license changes and change notifications
· Documents specifying the license conditions and the types, quantities, and methods of waste that may be treated
· Documents related to consignment and treatment contracts
· Consignment agreements with the waste discharger
· Records of treatment, transport, and storage history
· Waste transfer forms (electronic and paper) and transport logs
· On-site management regulations and internal guidelines
· Employee training materials and safety and environmental inspection logs

It is important to organize these materials on the premise of identifying which parts are suspected of violating the Wastes Control Act, emphasizing the legality of the parts that are not violations, explaining the parts that could be problematic by distinguishing whether they are management negligence or intentional violations, and presenting together the improvement measures and recurrence prevention measures already taken.

At Daeryun Law LLC, we organize the materials before the investigation and then design, together with you, a list of anticipated questions and the direction of your answers.

If you need legal assistance with a related case such as a violation of the Wastes Control Act, we recommend that you request a consultation now.