Obstacle to 'Forced Lifting' of Yucheon Source Water Protection Zone... Pyeongtaek City Says "We Protected Water Rights"
Pyeongtaek City's Right to Apply for Lifting Expanded,
But the Final Authority on the Yucheon Water Intake Protection Zone Still Rests with Pyeongtaek
“Mandatory Implementation Clause” Based on Higher Authority Decisions Ultimately Removed
Mayor Choi Wonyong: “We Will Do Our Best to Safeguard Citizens’ Rights to Water”
The government has made some adjustments to the procedures for lifting source water protection zones, but the controversial “mandatory implementation clause” for waterworks operators has been removed in the final draft. As a result, the Yucheon Water Intake Facility, operated by Pyeongtaek City, will not face forced closure regardless of the city's stance.
Pyeongtaek City in Gyeonggi Province (Mayor Choi Wonyong) announced on the 24th that the contentious “mandatory implementation clause” for waterworks operators, which the city has firmly opposed, was completely removed from the final draft of the partial amendment to the “Source Water Management Regulations” promulgated on the 21st.
The problematic clause had required waterworks operators to obligatorily carry out preliminary procedures such as amending the waterworks maintenance plan and obtaining approval for the termination of waterworks operations, in the event that the lifting of the source water protection zone was decided. Pyeongtaek City argued that this clause would virtually nullify the authority of waterworks operators, labeling it a “toxic provision,” and has consistently called for its removal.
This clause was ultimately excluded from the final amendment. According to Pyeongtaek City, this fundamentally eliminates the possibility of the Yucheon Water Intake Facility being forcibly shut down against the will of the city.
With the latest revision, the right to apply for the lifting of a source water protection zone has been expanded from existing waterworks operators to include local governments with jurisdiction over the protection zone. Once a governor receives an application for lifting, he or she will consult with the relevant local authorities to determine whether to proceed. If agreement is not reached after two consultations, the final decision will be made in consultation with the Ministry of Climate, Energy and Environment and the Ministry of Interior and Safety.
However, Pyeongtaek City stressed that even though the right to apply has been broadened, the final authority to lift the Yucheon Water Intake protection zone still rests with Pyeongtaek City—that is, with the waterworks operator.
According to the current “Waterworks Act,” actually lifting a source water protection zone requires necessary preliminary steps such as amending the waterworks maintenance plan and gaining approval for the termination of waterworks operations. Since these procedures must be implemented by Pyeongtaek City, the waterworks operator, it is impossible to finalize the lifting without the city's implementation of these steps, even if another local government files for the lifting or a higher authority acknowledges the need.
As a result, Pyeongtaek City explained that the revised rules only expand the right to apply for lifting, and that there have been no changes in the legal authority or procedures concerning the closure of the Yucheon Water Intake Facility or the lifting of the source water protection zone.
Pyeongtaek City also credited its proactive response for the deletion of the controversial “mandatory implementation clause” from the latest amendment. On July 3, Mayor Choi Wonyong visited the Ministry of Climate, Energy and Environment to explain the necessity of the Yucheon Water Intake Facility and officially proposed deleting the provision. The city has continued coordinated efforts in collaboration with local lawmakers, environmental and civic organizations in the Pyeongtaek area.
Mayor Choi Wonyong stated, “Issues that are directly linked to the citizens' drinking water supply should never be decided based on administrative convenience or unilateral judgments,” and added, “We will continue to do everything in our power to safeguard the citizens' rights to water.”
He continued, “I would like to thank the local lawmakers and environmental and civic groups who united their efforts,” and added, “We will thoroughly review the relevant laws and administrative procedures and work together with the local community to protect the citizens’ safe drinking water sources.”
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Meanwhile, Pyeongtaek City also refuted claims from some quarters that “the Yucheon Water Intake Facility could be shut down immediately or the source water protection zone could be lifted right away.” The city stated that these assertions are “clearly erroneous and contradict legal and administrative facts,” and announced that it will continue to provide accurate information to prevent public confusion.
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