Environmental attorney, I received a notice that my factory exceeded the emissions gas standards. How should I respond?

When a factory has exceeded the emissions gas standards, an administrative disposition and criminal punishment may apply at the same time, and it is necessary to review together the applicable level of disposition and the direction of response through an environmental attorney.

A violation of the emissions gas standards is governed by the Clean Air Conservation Act, and the intensity of the disposition varies depending on the degree of the violation.

First, as administrative dispositions, an order for improvement, a suspension of operations, and the imposition of a penalty surcharge are the representative measures.

When the standards are exceeded, an order for improvement is issued first, but when a specific hazardous air substance is included or the prevention facilities were intentionally not operated, a suspension of operations is possible even upon a first violation alone.

In particular, under Article 34 (2) of the Clean Air Conservation Act, in a situation where air pollution is recognized as causing imminent harm to the health of residents or to the environment, the Mayor or Do Governor may immediately order the replacement of the fuel used or the suspension of operations, and this is taken preferentially, starting with the facility posing the greatest harm.

As the violation is repeated, the suspension period increases to 10 days, 30 days, and so on, and only for a business with a significant public-interest purpose, a penalty surcharge of not more than 200 million won may be imposed in lieu of the suspension of operations.

If operations are forced even during a suspension order, or an improper method is confirmed, a strong sanction of revocation of the permit or closure is imposed.

Because such an administrative disposition has a direct effect on business operations, the process of reviewing the appropriateness of the disposition through an environmental attorney is important.

In addition, when pollutants are emitted in excess of the permissible emission standards, under Article 90 of the Clean Air Conservation Act, imprisonment for not more than 5 years or a fine of not more than 50 million won may apply.

In particular, when a person violates the conditions of the permit or continues operations despite being aware of the state of exceeding the standards, intent may become an issue, and in such a case, it may affect the determination of the level of punishment.

An environmental attorney plays the role of organizing the direction of response based on the circumstances of the violation and the state of management in situations where such criminal liability becomes an issue.

In such a situation, it is first necessary to confirm whether the emissions gas measurement was carried out in accordance with lawful procedures and to distinguish whether it was a temporary cause, such as an equipment malfunction.

Thereafter, in the administrative disposition procedure, the disposition may be contested through the submission of opinions or an objection, and at the same time, a response related to criminal liability must also be prepared.

An environmental attorney can provide practical assistance throughout the overall procedure, from the legal review of the measurement results to the response to the administrative disposition and the response strategy related to criminal liability.