Background

• A business operator received a notice of acceptability for the interim waste disposal business and the interim waste recycling business to install an incineration facility and a recycling facility.
• The local government revoked the notice of acceptability for the interim waste disposal business and rejected the application for extension of the notice of acceptability for the interim waste recycling business due to non-implementation of mini environmental impact assessment and significant changes in environmental conditions.

Work Scope

• Legal review and analysis on the timing of mini scale environmental impact assessment consultations, etc.
• Analyzing the environmental impact of the project on air quality through scientific and statistical data
• Organizing strategic fact-finding applications through detailed analysis of the incineration facility and surrounding environment
• Representation in administrative proceedings and civil petition for grievance

Results and Implications

ELPS analyzed and reviewed the Environmental Impact Assessment Act, argued and proved that the timing of mini environmental impact assessment consultation cannot be considered as 'before a notice of acceptability' unlike environmental impact assessment, submitted scientific and statistical analysis of the environmental impact of the project on air quality, and obtained a fact-finding reply from the Ministry of Environment stating that the environmental impact of incineration facilities on air quality is not significant compared to other projects. In addition, we also obtained a decision from the Civil Rights Commission, which contributed to the prompt relief of the operator's rights.