Waste Disposal Act Article 71-1

Where there are multiple obligated persons with respect to land on which waste has been illegally backfilled or piled, such persons shall, with respect to such waste, bear joint and several liability for clearance, disposal, and environmental improvement, and shall also bear joint and several liability for payment of substituted performance costs and necessary expenses for emergency response measures.Where an obligated person is organized as a company, the special municipality, county or city competent authority or enforcement authority may order, within a specified period, its responsible person, or any company or shareholder holding more than one-half of its total issued voting shares or total capital, or directly or indirectly controlling its personnel affairs, financial affairs, or business operations, to pay the substituted performance costs and necessary expenses for emergency response measures referred to in the preceding Article. The same shall apply where the obligated person ceases to exist due to a merger, spin-off, or any other cause.Except for persons who permit waste to be illegally backfilled or piled on their land, landowners, administrators, or users who have paid substituted performance costs or necessary expenses for emergency response measures referred to in the preceding Article may seek compensation from other obligated persons.Creditor rights for substituted performance costs and necessary expenses for emergency response measures shall take priority over all creditor rights and mortgage rights, and shall not be subject to the effect of prohibitions on disposition arising from attachment. The right to claim such creditor rights shall be extinguished if not exercised within ten years.