| Legislative： |
1.Promulgated by Executive Yuan Order No. Tai-Chiu-Shih-Hsiao-Shou-San-Tze 05020 on June 11, 2001.
2.Revised by Executive Yuan Order No. Yuan-Shou-Chu-Hsiao-Tze 1000006957A on November 9, 2011.
3.Revised by Executive Yuan Order No. Yuan-Shou-Chu-Chi-Fa-Tze 1120200194A on February 13, 2023.
4.Revised by Executive Yuan Order No. Yuan-Shou-Chu-Chi-Fa-Tze 1130200631A on April 8, 2024. |
| Content： |
Article 1 In order to prevent and remediate soil and groundwater
pollution, to ensure the sustained use of soil and groundwater
resources, to improve the living environment, and to promote
public health, the Soil Pollution and Groundwater Pollution
Remediation Fund (herein referred to as "the Fund")has been
established pursuant to Article 28, Paragraph 1 of the Soil and
Groundwater Pollution Remediation Act (herein referred to as
"this Act"). Moreover these Regulations have been determined
pursuant to the same Article and Article 21 of the Budget Act.
Article 2 Pursuant to Article 4, Paragraph 1, Item 2 of the Budget Act,
the Fund is a special fund, affiliated with the environmental
protection funds, that prepares a budget for its subordinate
units and takes the Ministry of Environment (herein referred
to as "the MOENV") as its competent authority.
Article 3 Funds for the Soil and Groundwater Pollution Remediation Fund
shall be derived from the following:
I.Revenue from soil and groundwater pollution remediation fees.
II.The amounts paid by polluters, potential polluters,
andinterested parties of the polluted land pursuant to Article
43 and Article 44 of this Act.
III.Payments from land developers pursuant to Paragraph 3 of
Article 51 of this Act.
IV.Accrued interest income generated by the Fund.
V.Funds appropriated through the budget process as determinedby
the central competent authority.
VI.Funds from the partial appropriation of relevant
environmental protection funds.
VII.Funds from the partial appropriation of criminal
andadministrative fines for environmental pollution.
VIII.Other relevant income.
Article 4 The Fund shall be used for the following purposes:
I.Expenditures made by competent authorities at all levels for
verification, adoption of necessary response measures,
supervision, and plan determination, review, investigation,
assessment, implementation, and change pursuant to this Act,
Article 7, Paragraphs 1 and 5; Article 12, Paragraph 1,
Paragraphs 5, 6, 8 through 10, and 13; Article 13, Paragraphs 1
and 2; Article 14, Paragraphs 1 and 3; Article 15; Article 22,
Paragraphs 1, 2, and 4; Article 24, Paragraphs 3 through 5; and
Article 27, Paragraphs 1 and 2.
II.The fund's claims for relevant compensation and legal
expenses.
III.The fund's relevant personnel and administrative management
expenses, personnel expenses incurred by soil and groundwater
pollution prevention and remediation work.
IV.Expense of soil and groundwater pollution control work
performed by competent authorities at all levels.
V.Expense of audit of soil and groundwater pollution
verification and implementation effectiveness.
VI.Expense relevant to international environmental protection
work involving soil and groundwater pollution.
VII.Expense relevant to audits of soil and groundwater quality
monitoring and implementation effectiveness.
VIII.Expense relevant to levying soil and groundwater pollution
remediation fees.
IX.Expense relevant to soil and groundwater pollution health
risk assessment and management.
X.Expense of researching, promoting, developing, and creating
incentives for soil and groundwater pollution remediation
technology.
XI.Matters concerning subsidies for soil and groundwater
pollution prevention work.
XII.Expense relevant to credit guarantee and interest subsidy
of soil and groundwater pollution remediation loans.
XIII.To cover other costs for relevant soil and groundwater
pollution remediation approved by the central competent
authority of this Act.
Article 5 The safekeeping and utilization of this Fund shall emphasize
profitability and safety, and its deposits shall be handled
pursuant to the regulations of the Government Treasury Act and
relevant laws and regulations.
Article 6 The Fund may be used to purchase government bonds, treasury
bills, or other short-term papers for the purpose of increasing
its income.
Article 7 The revenues and expenditures,safekeeping, and utilization of
the Fund shall establish a Soil and Groundwater Pollution
Remediation Fund Management Committee (herein referred to as
the Committee). The Committee shall have seventeen (17) to
twenty-seven (23) commissioners. There are three ex-officio
commissioners nominated by the MOENV, one of whom is the
convener, who is concurrently served by the Minister of the
MOENV, or his designee; the remaining two, one of whom is the
deputy convener, both are concurrently appointed by the MOENV;
the remaining commissioners are appointed from among relevant
agencies, experts and scholars.
The expert and scholar representatives mentioned in the
preceding paragraphshall not be less than two-thirds of the
total number of commissioners.
The ratio of any gender among the commissioners of the
Committee shall not be less than two-fifths of the total number
of commissioners.
The maximum term of commissioners is two years, and they may be
re-appointed upon expiration of their term. They are all unpaid
positions. When the positions of representatives of the
relevant agencies change, the representatives should be
reassigned to fill the original term. When an expert's or
scholar's position is vacant, it should be replaced, and the
term of the new commissioners shall last until the expiration
of the term of the original commissioners.
Article 8 The Committee is in charge of the following matters:
I.Review of the Fund's revenues and expenditures, safekeeping,
and utilization.
II.Review of the annual budget and final accounts of the Fund.
III.Assessment of the implementation of the Fund's utilization.
IV.Other relevant matters.
Article 9 The Committee shall have an executive secretary to manage the
affairs and activities of the Committee under the convener's
instructions; and shall have a deputy executive secretary and
several staff members to run for the affairs and activities of
the Committee.
Article 10 The Committee shall hold a meeting of commissioners once every
six months. If necessary, an extraordinary meeting may be held.
Both types of meetings are convened by the convener. If the
convener is unable to attend the meeting of commissioners for
any reason, the deputy convener shall act on his behalf.
Meetings of the Committee must be attended by more than half of
all commissioners. The resolution of the meeting of
commissioners shall be adopted by a majority of vote in favor
of such resolution in a meeting attended by a majority of the
commissioners, or by the chairperson's decision in case of even
votes.
The commissioner shall personally attend the meeting of
commissioners mentioned in the preceding paragraph and shall
not appoint an agents. However, a commissioner who is
concurrently serving as an agency representative is unable to
attend the meeting of commissioners for any reason. He or she
may appoint a representative to attend the meeting by proxy,
and the representative appointed shall be eligible to get the
stand and vote.
Before the Committee meeting, the executive secretary of the
Committee may invite external members to hold a consultation
meeting on the tasks of the Committee. If necessary, and
depending on the needs of the topic, the executive secretary
may also invite any relevant units, persons, experts and/or
scholars to be present at the meeting of commissioners.
Article 11 The composition and execution of budgets and the preparation
offinancial statements related to the Fund shall be
handledpursuant to the regulations of the Budget Act,
Accounting Act,Financial Statement Act, Audit Act and other
relevant laws andregulations.
Article 12 The Fund's accounting affairs shall be handled in
accordancewith the regulation-determined accounting system.
Article 13 At the end of each fiscal year, any surplus in the Fund's
final accounts shall be accumulated or paid to the National
Treasury according to statutory requirements.
Article 14 When the Fund is terminated, it shall be liquidated and
itsresidual equity shall be transferred to the National
Treasury.
Article 15 These Regulations shall take effect on the date of
promulgation. |