토양오염지역의 관리 및 복원방안 연구 Ⅰ

Abstract

The goal of this research is to analyze practical problems that may arise when managing and remediating contaminated soils on the basis of Korean environmental laws, and to present measures and policies to address those problems. The first part of this report deals with problems encountered in the process of enforcing the Soil Environment Conservation Act (SECA), and provides a strategic vision for devising environmental policy. U. S. laws such as CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act of 1980; also known as the Superfund Act), and RCRA (Resource Conservation and Recovery Act) were reviewed and several actual cases of cleanup of contaminated sites of U. S. were studied. The problems associated with management and cleanup of contaminated soils in Korea can be summarized as follows: i) uncertainty of definition of 'contaminated soil', ii) no guidance on determination of responsible parties and liability for the soil contamination, iii) no detailed instruction for the cleanup process such as determination of cleanup goal, iv) dispersion of legislative authority, v) no cleanup fund program, and vi) lack of information and education that would encourage participation of local communities. In the U. S., the primary federal environmental laws governing the investigation and cleanup of contaminated sites, Superfund and the RCRA, operate in tandem with each other in a harmonized manner. However, the following problems have been raised in the process of enforcement of the Superfund program: i) Superfund spent too much money on protracted legal battles to pinpoint who would pay for cleanups and allocate cleanup cost among PRPs (Potentially Responsible Parties), ii) very long time lag from site discovery to completion of cleanup, and treatment technology used at Superfund sites are expensive and ineffective, iii) designation as a Superfund site causes property values to fall and dries up financing for redeveloping sites, and thus negatively impacts local economies, and iv) the comprehensive authority of the EPA results in increased cleanup costs and time by selecting cleanup technology without considering site characteristics. Review of the Superfund and RCRA, as well as case studies on 9 actual cleanup sites, suggests that: i) the U. S. suffered or is suffering the same problems concerning contaminated soils as Korea does, and ii) a comprehensive approach should be taken in addressing environmental problems associated with management and cleanup of contaminated soils in Korea. Finally, policy direction and subsequent strategy regarding the soil contamination problems of Korea are proposed. Policy directions include comprehensive management and cleanup of contaminated soils, increased consideration of health and environment, and increased community participation. To implement these policy objectives, establishment of procedures for the management and cleanup of contaminated soils, expansion of community participation, and promotion of joint international research and cooperation are suggested. To establish the procedure for the management and cleanup of contaminated soils, at least a few guidelines are needed, including: definition of soil contamination and range, risks to human health and environment, and prescription of responsible parties and range of responsibility. The suggestions above are tentative and not conclusive. In the second part of this paper, Korean regulations other than SECA will be reviewed that are associated with soil contamination, such as the Waste Management Act and the Mining Act. Regulations and actual cases associated with management and cleanup of contaminated soils in the case of Europe will also be reviewed. Concrete measures for the management and cleanup of contaminated soils, as the ultimate goal of this study, will be provided.