|
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 that prepares a budget for its subordinate units and takes the Environmental Protection
Administration, Executive Yuan (herein referred to as "the EPA") 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, and interested
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 determined by
the central competent authority. VI. Funds from the partial appropriation of relevant environmental protection funds.
VII. Funds from the partial appropriation of criminal and administrative
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. 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
In order to meet operational needs the Fund may purchase government bonds, treasury bill, or other short-term commercial
papers.
Article 7
The revenues and expenditures, safekeeping, and utilization of the Fund shall be handled by the Soil and Groundwater Pollution Remediation Fund
Management Committee.
Article 8
The composition and execution of budgets and the preparation of financial statements related to the Fund shall be handled pursuant to the regulations
of the Budget Act, Accounting Act, Financial Statement Act, Audit Act and other relevant laws and regulations.
Article 9
The Fund's accounting affairs shall be handled in accordance with the regulation-determinedaccounting
system.
Article 10
If, after annual accounts are closed, the Fund has remaining funds, said funds shall be handled in accordance with regulations.
Article 11
When the Fund is terminated, it shall be liquidated and its residual equity shall be transferred to the National Treasury.
Article 12
These Regulations shall take effect on the date of promulgation.
|