| Content： |
|
Chapter 1 General Principles |
|
Article 1 |
|
This Act is formulated to control water pollution and ensure the cleanliness of water resources in order to maintain ecological systems, improve the living environment, and enhance public health. For those matters not regulated by this Act, other laws and regulations
may apply. |
|
Article 2 |
|
The terms specifically used in this Act are defined as follows:
1. “Water” shall mean surface water or groundwater as it exists in any form.
2. “Surface Water Body” shall mean water, in whole or in part, that exists in rivers, seas, lakes, reservoirs, ponds, irrigation canals, all classes of water drainage channels, and other systems.
3. “Groundwater Body” shall mean the water that exists in aquifers.
IV.“Pollutant” means a substance, biological organism or form of energy capable of causing water pollution.
4. “Pollutant” shall mean a substance, biological organism, or form of energy capable of causing water pollution.
5. “Water Pollution” shall mean the water quality is altered due to the introduction of substances, biological organisms, or forms of energy, impacting the normal use of the water or endangering public health and the living environment
6. “Living Environment” shall mean the property, animals, plants, and their breeding environment that are closely connected with human life.
7. “Enterprises” shall mean companies, factories, mines, wastewater treatment enterprises, livestock operators, and other enterprises designated by the central competent authority.
8. “Wastewater” shall mean water that contains pollutants produced by an enterprise in the process of manufacture, operation, or development of natural resources or in the workplace.
9. “Sewage” shall mean water that contains pollutants produced by a source other than an enterprise.
10. “Wastewater (Sewage) Treatment Facility” shall mean a facility using physical, chemical, or biological methods to treat wastewater (sewage) so that it meets the control standards of this Act.
11. “Water Pollution Control Measures” shall mean the installation of wastewater (sewage) treatment facility, connection to the sewer system, soil treatment, entrusting of treatment to a wastewater treatment enterprise, installation of marine discharge pipelines,
marine dumping, and other methods of controlling water pollution permitted by the central competent authority.
12. “Sewer System” shall mean all types of facility used for the collection, pumping, conveyance, treatment, and final treatment of wastewater (sewage) in public sewers and dedicated sewers.
13. “Discharge Point” shall mean a fixed discharge facility installed in accordance with the law through which wastewater (sewage) enters a receiving water body.
14. “Effluent” shall mean wastewater (sewage) prior to entering a receiving water body.
15. “Carrying capacity” means the quantity of pollutants a water body can assimilate without jeopardizing its normal uses.
16. “Water Zone” shall mean the whole or partial water body within an area zoned by the competent authority.
17. “Water Quality Standards” shall mean the quantitative values regulated by the competent authority for the quality of the water body based on its optimal use.
18. “Effluent Standards” shall mean the regulatory limits for the quality or composition of effluent |
|
Article 3 |
|
Competent authority referred to in this Act shall be the Environmental Protection Administration, Executive Yuan at the central government level, the government of the special municipality in special municipalities, and the county/city government in counties/cities. |
|
Article 4 |
|
Central, special municipality, and county/city competent authorities may designate or entrust dedicated institutions to handle matters related to water pollution research, training, and control. |
|
Chapter 2 Basic Measures |
|
Article 5 |
|
In order to avoid interfering with the uses of a water body, those that use a water body to receive or convey the effluent shall not exceed the carrying capacity of the water body. |
|
Article 6 |
|
The central competent authority shall delineate water zones and determine water body classifications and the water quality standards based on specific characteristics and on-site conditions of the water body.
The central competent authority may delegate the delineation of water zones and the determination of water body classifications and the water quality standards in the preceding Paragraph to the special municipality and county/city competent authorities.
The competent authority shall consult relevant entities related to the use of the water body to determine the delineation of water zones. |
|
Article 7 |
|
Enterprises, sewer systems, or building sewage treatment facility that discharge wastewater (sewage) into a surface water body shall comply with the Effluent Standards.
The central competent authority shall consult relevant competent authorities of the industries concerned to determine the Effluent Standards in the preceding Paragraph; the Effluent Standards shall include the applicable scope, control methods, items, concentrations
or total quantity limits, formulation criteria, and other binding matters. The special municipality and county/city competent authorities may add or strengthen the Effluent Standards regarding the total quantity or concentrations of discharge and control items
or methods for water bodies that are in a special environment or that requires special protection in their jurisdictions, and report the same to the central competent authority for approval after its consultation with relevant competent authorities of the
industries concerned. |
|
Article 8 |
|
The sludge produced through wastewater (sewage) treatment by enterprises, sewer systems, and building sewage treatment facility shall be properly treated and may not be arbitrarily stored or dumped. |
|
Article 9 |
|
For a water body, in whole or in part, that is in one of the following circumstances, the special municipality, county/city competent authorities shall implement controls using total quantity control methods for the discharge of wastewater (sewage) based on
the carrying capacity of the water body:
1. Those circumstances in which the use of the Effluent Standards still fails to meet the Water Quality Standards for the water body due to the density of enterprises or sewer systems.
2. Those circumstances in which the competent authority determines that special protection is required.
The total quantity control methods in the preceding Paragraph shall be drafted by the special municipality, county/city competent authorities, then submitted to the central competent authority for it to consult with relevant competent authorities of the industries
concerned before approval; in those circumstances in which the water body, in whole or in part, involves two special municipalities or counties/cities, or involves special zones each administered by a competent authority of the industry concerned at the central
government level, the central competent authority shall consult the relevant competent authorities of the industry concerned to determine the total quantity control methods. |
|
Article 10 |
|
Competent authorities at all levels shall install water quality monitoring stations to monitor and officially announce inspection results at regular intervals and adopt appropriate measures.
The sampling frequency of the water quality monitoring stations mentioned in the preceding Paragraph shall be done depending on the pollution characteristics on a monthly or quarterly basis. When necessary, the frequency shall be increased.
The locations, items, and frequency of the water monitoring and sampling shall take into consideration the geographic characteristics concerning the aquatic environment, the water quality and the current conditions of the water body, and shall also be revised
regularly by competent authorities at all levels according to annual water quality monitoring results and water pollution remediation needs. The central competent authority shall establish the monitoring stations and determine the monitoring
criterion referred to in Paragraph 1.
Competent authorities at all levels may authorize relevant agencies (institutions) and
inspection and testing entrust permitted by the central competent authority to perform water quality monitoring in Paragraph 1.
When the official announcement of inspections results in Paragraph 1 fail to meet water body specifications and the Water Quality Standards, the relevant competent authorities of the industries concerned shall regularly monitor for the content of heavy metals,
toxic chemicals, and pesticides in edible plants, fish, shrimps, shellfish, and sediments in the water body, and shall adopt measures to prohibit fishing and consumption of aquatic animals and plants when there is a concern of the endangerment to human health,
agricultural or fishery production. |
|
Article 11 |
|
The central competent authority shall collect water pollution control fees from enterprises and sewer systems (excluding public sewer systems and community dedicated sewer systems ) that discharge wastewater (sewage) into a surface water body. The fees shall
either be based on the water quality and volume discharged, or based on the water quality and volume discharged as determined by a calculation method designated by the central competent authority.
Local governments shall collect water pollution control fees from those households located in the drainage areas of sewers announced in accordance with the Sewerage Law but which fail to discharge sewage into sewers.
The water pollution control fees in the preceding two Paragraphs shall be used exclusively for national water pollution control matters; the categories and items of the disbursements of those fees shall be as follows:
1. Water pollution control fees collected in accordance with Paragraph 1:
(1) Remediation of pollution in the surface water body and monitoring of its water quality.
(2) Improvement of water quality in water source quality protection areas for drinking water.
(3) Improvement of water quality in water pollution total quantity control zones.
(4) Research and development for water pollution control technology, and to formulate recommendations and strategies.
(5) Employment of personnel required for implementation of fee collection work.
(6) Other relevant water pollution control work.
2. Water Pollution control fees collected in accordance with Paragraph 2:
(1) Construction of primary and secondary pipes in public sewer systems.
(2) Construction of sewage treatment plants and wastewater (sewage) interception facility.
(3) Construction of night-soil dumping stations and night-soil treatment plants.
(4) Construction of centralized treatment facility for sludge produced by wastewater (sewage) treatment facility.
(5) Operation and maintenance fees for public sewer systems.
(6) Employment of personnel required for implementation of fee collection and management of public sewer systems construction.
(7) Other fees relevant to household sewage treatment work.
The disbursement ratios for Item 5, Subparagraph 1 and Item 6, Subparagraph 2 of the preceding Paragraph shall not be higher than 10% of each corresponding category of the disbursements.
Water pollution control fees in Paragraph 1 shall be distributed to the central and local governments and the distribution principle shall be determined by the central competent authority after taking into account the requirements of each special municipality
and county/city competent authority for water pollution control work.
Competent authorities at all levels shall set up a special fund consisting of water pollution control fees in Paragraph 1. Regulations regarding collection, expenditure, custody, and use of the fund shall be determined separately by the Executive Yuan, the
government of the special municipality, and the county/city government.
Local governments shall set up a special fund consisting of water pollution control fees in Paragraph 2. The regulations for collection, expenditure, custody, and use of the fund shall be determined by local governments.
The water pollution fees in Paragraph 1 may be collected in stages; the central competent authority shall determine collection times for each stage, collection targets, collection methods, calculation methods, payment procedures, payment deadlines, staged uses,
and other binding fee collection regulation matters. The performance of water pollution control implementation shall be reevaluated annually and reported to the Legislative Yuan for reference.
Local governments shall determine collection times, collection targets, collection methods, calculation methods, payment procedures, payment deadlines, and other self-government regulations regarding the water pollution control fees referred to in Paragraph
2. The water pollution control fee rates shall be consistent with the sewer usage fee rates.
For the water pollution control fees in Paragraph 1, the central competent authority shall establish a fee rate review committee for water pollution control fees. The central competent authority shall establish the regulations for this committee. |
|
Article 12 |
|
The sewer system infrastructure and sewage treatment facility shall comply with the requirements of water pollution control policies.
The central competent authority shall consult special municipality and county/city competent authorities to determine water pollution control programs and report the implementation progress to the Legislative Yuan annually. |
|
Chapter 3 Control Measures |
|
Article 13 |
|
Prior to establishment or modification, enterprises shall submit water pollution control measure plans and related documents to the special municipality and county/city competent authorities or agencies entrusted by the central competent authority for review
and approval.
The central competent authority shall consult competent authorities of the industries concerned and officially announce the type, scope, and scale of the enterprises in the preceding Paragraph.
The central competent authority shall determine the content, required documents, application times, approval criteria and other binding matters
for the water pollution control measure plans in Paragraph 1.
For those water pollution control measure plans in Paragraph 1 in which pipelines are used for discharge into the sea, the central competent authority shall determine details for the installation, modification, revocation, cancellation and suspension of the
pipelines, application forms, procedures, and other binding matters. |
|
Article 14 |
|
Those enterprises that discharge wastewater (sewage) into surface water bodies shall apply to the special municipality or county/city competent authorities for discharge permits or simplified discharge permission documents and shall comply with the registered
items in their operations to discharge wastewater (sewage). The registered items shall not be changed before an application is submitted to the special municipality or county/city competent authorities for review and approval.
When the registered items in the preceding Paragraph do not involve modification in the production, collection, treatment, and discharge of wastewater (sewage) or sludge and have been designated by the central competent authority, they may be changed within
the prescribed period.
The central competent authority shall determine the management regulations of the applicable subjects, application and review procedures, issuance, cancellation, and other items that shall be complied with for the discharge permits or simplified discharge permission
documents. |
|
Article 14-1 |
|
Those enterprises designated and officially announced by the central competent authority shall, upon the application and modification of water pollution control measures plans, discharge permits, or simplified discharge permission documents, disclose the concentrations
and discharged quantity of the pollutants contained in the wastewater (sewage) discharged by them.
When the wastewater (sewage) discharged by enterprises contains pollutants not listed in the Effluent Standards and is determined by the special municipality and county/city competent authorities to be of concern of endangering the ecology or human health,
the enterprises shall submit risk assessments and management reports in accordance with the regulations of the central competent authority to explain the risk of its wastewater (sewage) on the ecology and human health and the risk management measures that
can be adopted.
For those reports reviewed and approved in the preceding Paragraph, the special municipality and county/city competent authorities shall, in accordance with the review results, determine the concentrations or total quantity limits of the discharge of the pollutants
in the water pollution control measures plans, discharge permits, or simplified discharge permission documents.
The pollutants in Paragraph 2, after assessed to be necessary by the competent authorities at all levels, shall be added to the Effluent Standards as new control items. |
|
Article 15 |
|
The validity period for discharge permits and simplified discharge permission documents shall be five years. Those who still wish to continue to use their permits or documents after expiration shall, within a five-month period starting six months prior to expiration,
apply to the special municipality and county/city competent authorities for the approval of an extension. Each extension shall not exceed five years.
When there is a concern about endangering the ecology or human health due to the deterioration of the water quality within the validity period of the discharge permits or simplified discharge permission documents in the preceding Paragraph, and the special
municipality and county/city competent authorities consider that the registered items may not be able to protect the water body or that the risks may be harmful to the public welfare if not cancelled, such authorities shall change the registered items or cancel
the permits or documents. |
|
Article 16 |
|
The competent authorities shall officially announce the cancellation of those discharge pipes of unknown sources that are used for the discharge of wastewater (sewage); for those circumstances in which no one has claimed such discharge pipes one week after
the official announcement, the competent authorities may seal or remove such discharge pipelines. |
|
Article 17 |
|
With the exception of those connected to sewer systems, when enterprises submit water pollution control measure plans pursuant to Article 13 and apply for discharge permits and the registration of changes pursuant to Article 14, the necessary documents required
shall be certificated by legally registered and practicing environmental engineers or other relevant professional engineers.
Those who meet one of the following circumstances may be exempted from being certificated by the engineers:
1. Those circumstances in which the items that require the certification by engineers, for water pollution control measure plans, are required to be submitted when applying for discharge permits pursuant to Article 14 and for water pollution control measure
plans previously reviewed and approved pursuant to Article 13, have not been changed.
2. Those circumstances in which the items that require the certification by engineers, when applying for an extension of discharge permits pursuant to Article 15, have not been changed.
Under Paragraph 1, government agencies, public enterprises or institutions, and public juridical persons that have engineers with certifications pursuant to Paragraph 1 may have such engineers perform the certification work.
The central competent authority shall determine the items to be checked when the engineers perform the certification work in Paragraph 1. |
|
Article 18 |
|
Enterprises shall adopt water pollution control measures; the central competent authority shall consult relevant competent authorities of the industries concerned to determine the management regulations of the applicable subjects, scope, conditions, necessary
facility, specifications, installation, operation, monitoring, recordation, retention periods for the monitoring and recordation data, prevention management, emergency responses, the collection, treatment, and discharge of wastewater (sewage), and other binding
matters for the water pollution control measures. |
|
Article 18-1 |
|
Wastewater (sewage) produced by enterprises or sewer systems shall be processed by approved and registered collecting and treatment units and procedures. It shall be discharged into sewer systems through approved and registered discharge points or through discharge
points permitted by sewer management agencies (institutions), not discharged by bypasses.
The wastewater (sewage) in the preceding Paragraph that requires treatment before meeting the control standards determined in this Act shall not be diluted with water that does not require treatment before meeting such standards.
In case of rescuing persons or saving critical treatment facility determined by competent authorities in urgent situations, and a notice is given to the special municipality and county/city competent authorities within three hours, the acts of the discharge
by a bypass and the dilution in the preceding two Paragraphs are not subject to the restrictions.
The wastewater (sewage) treatment (pre-treatment) facility installed by enterprises or sewer systems shall be equipped with adequate functions and equipment and maintained at a normal operation status. |
|
Article 19 |
|
The regulations of Article 14, Article 15, and Article 18 shall apply mutatis mutandis to sewer systems that discharge wastewater (sewage). |
|
Article 20 |
|
Enterprises or sewer systems shall apply to the special municipality and county /city competent authorities for permission before storing or diluting wastewater and shall comply with the registered items in operation. The applications for permits for diluting
wastewater only if there are no other alternative wastewater treatment facility or methods.
The central competent authority shall determine the management regulations of the applicable subjects, application and review procedures, issuance, cancellation, and other items that shall be complied with for the applications for permission to store or dilute
wastewater in the preceding Paragraph.
Those permitted to store or dilute wastewater pursuant to Paragraph 1 shall report the circumstances of wastewater treatment to the special municipality and county/city competent authorities in accordance with the formats, contents, frequencies, and methods
required by such competent authorities. |
|
Article 21 |
|
Enterprises or sewer systems shall establish dedicated wastewater (sewage) treatment units or personnel.
The central competent authority shall determine the management regulations of the establishment of dedicated units and personnel, the qualifications and training of dedicated personnel, the acquisition, revocation, and cancellation of qualification certificates,
and other binding matters. |
|
Article 22 |
|
Enterprises or sewer systems shall report the operation of wastewater (sewage) treatment facility, the inspections and testing of the water quality and water volume of the effluent, the power consumption records, and other documents related to wastewater (sewage)
treatment to the special municipality and county/city competent authorities in accordance with the formats, contents, frequencies, and methods required by such competent authorities.
The central competent authority shall determine the items to be inspected, tested, and reported for each industry concerned according to the characteristics of its wastewater (sewage); the special municipality and county/city competent authorities may, based
on the actual circumstances of the discharge, increase the items to be inspected, tested, and reported. |
|
Article 23 |
|
The inspection and testing of the water pollutants, water quality, and water volume, unless approved by the central competent authority, shall be entrusted to be handled by inspection and testing institutions that have been issued permits by the central competent
authority.
The central competent authority shall determine the management regulations of the conditions and facility of inspection and testing institutions, the qualifications and restrictions of inspection and testing personnel, the application, review, issuance, renewal,
revocation, cancellation, suspension of business, resumption of business, checking, and assessment procedures for permits, and other items that shall be complied with and fee collection standards. |
|
Article 24 |
|
Each competent authority of the industry concerned shall provide guidance for the improvements of the treatment and discharge of wastewater (sewage) of enterprises and sewer systems; each competent authority of the industry concerned shall determine the guidance
regulations for enterprises and sewer systems. |
|
Article 25 |
|
The owners, users, and managers of building sewage treatment facility shall perform cleaning work by themselves or entrusting cleaning institutions to perform cleaning work.
The construction, management, and cleaning of building sewage treatment facility in the preceding Paragraph shall comply with the regulations of the central competent authority and the competent authorities of the industries concerned.
The central competent authority shall consult relevant competent authorities of the industries concerned to determine the management regulations of the manufacture, approval, registration, and inspection of those building sewage treatment facility that are
prefabricated. |
|
Article 26 |
|
Competent authorities at all levels may send personnel bearing identification documents to enter the premises of enterprises, sewer systems, or building sewage treatment facility for each of the following verification tasks:
1. Inspecting the sources of the pollutants and the circumstances of wastewater (sewage) treatment and discharge.
2. Requesting for relevant data.
3. Conducting sampling, flow measurements, and photography of the circumstances of wastewater (sewage) treatment and discharge.
Competent authorities at all levels shall perform verification tasks pursuant to the preceding Paragraph with military authorities for those circumstances in which military secrets are involved.
The verification tasks in the preceding two Paragraphs shall not be evaded, obstructed, or refused.
Inspection agencies and personnel shall keep confidential all industrial, commercial, and military secrets under inspections. |
|
Article 27 |
|
When there is a concern of serious endangerment of human health, agricultural or fishery production, or drinking water resource due to the discharge of wastewater (sewage) by enterprises or sewer systems, the statutory responsible persons shall adopt emergency
response measures promptly and notify the local competent authorities within three hours.
The central competent authority shall determine the circumstances of the serious endangerment of human health, agricultural or fishery production, or water sources for drinking water sources in the preceding Paragraph.
The central competent authority shall determine the contents and implementation methods for the emergency response measures in Paragraph 1.
Competent authorities shall order necessary control measures to be adopted in the circumstances under Paragraph 1 and shall also order the suspension of business or partial or complete suspension of work in severe circumstances. |
|
Article 28 |
|
Maintenance and preventive measures shall be adopted for those circumstances in which there is a concern of the leakage of pollutants or wastewater (sewage) into the water body in the conveyance or storage equipment installed by enterprises or sewer systems.
For those circumstances in which the leakage has caused the pollution of the water body, emergency response measures shall be adopted promptly, and local competent authorities shall be notified within three hours of the occurrence of the accident. Competent
authorities shall order necessary control measures to be adopted and shall also order the suspension of business or partial or complete suspension of work in severe circumstances.
The central competent authority shall determine the contents and implementation methods for the emergency response measures in the preceding Paragraph. |
|
Article 29 |
|
The special municipality and county/city competent authorities may, depending on water pollution conditions within their jurisdictions, delineate and officially announce water pollution control zones and report such zones to the central competent authority.
The central competent authority shall delineate and officially announce those water pollution control zones in the preceding Paragraph that involve two or more special municipalities and counties/cities. |
|
Article 30 |
|
The following acts are prohibited within water pollution control zones:
1. Using pesticides or chemical fertilizers that may cause a concern of polluting a water body designated by competent authorities.
2. Dumping garbage, night-soil, sludge, acidic or basic liquid waste, construction waste, or other pollutants in the water body or within a designated distance from the shorelines.
3. Using toxins, drugs, or electric current to catch or kill aquatic organisms.
4. Raising poultry or livestock in a water body designated by the competent authority or within a designated distance from the shorelines.
5. Other behavior sufficient to cause water pollution officially announced as prohibited by competent authorities.
Competent authorities shall, depending on actual requirements, officially announce the designated water body and the designated distance in Subparagraphs 1, 2 and 4 of the preceding Paragraph. However, for those circumstances in which the central competent
authority has other regulations, such regulations shall apply. |
|
Article 31 |
|
In one of the following circumstances, enterprises or sewer systems that discharge wastewater (sewage) into a water body that has been delineated for total quantity control shall install an automatic monitoring system on their own in order to monitor the water
quality and water volume of the effluent:
1. Those circumstances in which the daily discharged volume of wastewater (sewage) exceeds 1,000 cubic meters.
2. Those circumstances in which the special municipality and county/city competent authorities determine that the enterprises or the sewer systems are the sources of major water pollution.
The monitoring results and calibration of the monitoring instruments in the preceding Paragraph shall be recorded and reported to the special municipality and county/city competent authorities or the central competent authority in accordance with regulations. |
|
Article 32 |
|
Wastewater (sewage) shall not be injected into a groundwater body or discharged into the soil. However, wastewater (sewage) that has been treated to the extent that it complies with soil treatment standards and the regulations determined pursuant to Article
18 and has been reviewed and approved by the special municipality and county/city competent authorities with permits and reported to the central competent authority for reference may be discharged into the soil.
When there is a concern about the endangerment of the ecology or human health due to the deterioration of the water quality within the validity period of the discharge permits in the preceding Paragraph, and the special municipality and county/city competent
authorities consider that the registered items in the permit may not be able to protect the water body or soil, or that the risks may be harmful to the public welfare if not cancelled, such authorities shall change the registered items or cancel the permits.
The central competent authority shall consult relevant competent authorities of the industries concerned to determine the applicable subjects, items, concentrations or total quantity limits, control methods, and other items that shall comply with the soil treatment
standards for the wastewater (sewage) that can be discharged into soil in Paragraph 1.
Those that discharge wastewater (sewage) into soil in accordance with the soil treatment and crop absorption testing approved by competent authorities and the water quality monitoring plans of the groundwater shall perform testing, monitoring, recording, and
reporting in accordance with the formats, contents, frequencies, and methods required by competent authorities.
The validity period for the permits issued pursuant to Paragraph 1 shall be three years. Those who still wish to continue to use their permits after expiration shall, within a five-month period starting from six months prior to expiration, apply to the special
municipality and county/city competent authorities for the approval of an extension. Each extension shall not exceed three years. |
|
Article 33 |
|
When enterprises store substances that have been officially announced and designated by the central competent authority, the enterprises shall install facility and monitoring equipment for preventing the pollution of the groundwater body and report to the special
municipality and county/city competent authorities for reference before applying for usage related matters.
The monitoring, recording, and reporting of the monitoring equipment in the preceding Paragraph shall be performed in accordance with the formats, contents, frequencies, and methods required by competent authorities.
The central competent authority shall determine the management regulations of the types and installation of the facility and monitoring equipment for preventing the pollution of the groundwater body in Paragraph 1. |
|
Chapter 4 Penal Provisions |
|
Article 34 |
|
Those that fail to adopt emergency response measures promptly in violation of Paragraph 1, Article 27 or Paragraph 1, Article 28, fail to comply with orders issued by competent authorities pursuant to Paragraph 4, Article 27 or Paragraph 1, Article 28, or fail
to comply with orders to suspend work or the suspended business issued by competent authorities pursuant to this Act shall be punished by imprisonment for not more than three years, or detention, or by a fine of not less than NT$200,000 and not more than NT$5,000,000,
or both.
Those that fail to comply with orders to suspend acts issued by competent authorities pursuant to this Act shall be punished by imprisonment of not more than one year, or detention, or by a fine of not less than NT$100,000 and not more than NT$500,000, or both. |
|
Article 35 |
|
Those that have reporting obligations pursuant to this Act knowingly report false information or keep false records of their operation shall be punished by imprisonment for not more than three years, or detention, or by a fine of not less than NT$200,000 and
not more than NT$3,000,000, or both. |
|
Article 36 |
|
When the substances harmful to health contained in wastewater (sewage), which are discharged into soil or the surface water body by enterprises, exceed any of the control standards determined in this Act, the enterprises shall be punished by imprisonment for
not more than three years, or detention, or by a fine of not less than NT$200,000 and not more than NT$5,000,000, or both.
When wastewater (sewage) injected into the groundwater body by enterprises contains substances harmful to health, the enterprises shall be punished by imprisonment for not less than one year and not more than seven years, or detention, or by a fine of not less
than NT$200,000 and not more than NT$20,000,000, or both.
Those that violate Paragraph 1 and are in one of the following circumstances shall be punished by imprisonment for not more than five years or, in addition thereto, by a fine of not less than NT$200,000 and not more than NT$15,000,000:
1. Have no discharge permits or simplified discharge permission documents.
2. Violate Paragraph 1, Article 18-1.
3. Violate Paragraph 1, Article 32.
The central competent authority shall officially announce the types and volume limits of substances harmful to health in Paragraph 1 and Paragraph 2.
The statutory responsible persons or the persons responsible for supervision and planning who violate any provision from Article 34 to Paragraph 3 of this Article shall be punished by the prescribed penalty increased by one-half. |
|
Article 37 |
|
Those that violate Article 34 or the preceding article or discharge wastewater (sewage) that exceeds the effluent standards, and thereby cause human death, shall be punished by life imprisonment or imprisonment for not less than seven years or, in addition
thereto, by a fine of not more than NT$30,000,000; those that cause severe injuries shall be punished by imprisonment for not less than three years and not more than ten years or, in addition thereto, by a fine of not more than NT$25,000,000; those that cause
harm to human health, resulting in illness or severe environmental pollution, shall be punished by imprisonment for not less than one year and not more than seven years or, in addition thereto, by a fine of not more than NT$20,000,000. |
|
Article 38 |
|
(DELETED) |
|
Article 39 |
|
For those circumstances in which statutorily responsible persons of juridical persons, agents, employees, or other business-conducting personnel of juridical persons or natural persons, due to conducting business, violate any provision from Article 34 to Article
37, in addition to punishing the actors pursuant to each Article concerned, the juridical persons or the natural persons shall also be punished by a fine increased by not more than ten times pursuant to each Article concerned. |
|
Article 39-1 |
|
Enterprises or sewer systems shall not terminate, demote, reduce wage of, or otherwise impose any adverse disposition against the dedicated personnel or other employees responsible for wastewater (sewage) treatment for disclosing any violation of this Act to
competent authorities or judicial authorities, serving as witnesses in litigation proceedings, or refusing to participate in any violation of this Act.
Any termination, demotion, reduction of wage, or other adverse disposition in the preceding Paragraph imposed by enterprises, sewer systems, or their personnel who exercise managerial authority shall be null and void.
If the dedicated personnel or other employees responsible for wastewater (sewage) treatment of enterprises or sewer systems are suffering from any adverse disposition due to any conduct in Paragraph 1, the enterprises or the sewer systems shall bear the burden
to prove that the adverse disposition is no relation to the conduct.
For the dedicated personnel and other employees responsible for wastewater (sewage) treatment who ever participated in any violation of this Act and are under criminal responsibility but confess such violation or surrender themselves to competent authorities
or judicial authorities, assisting such authorities in finding other principal offenders or joint offenders, the penalty for such personnel and employees shall be reduced or exempted. |
|
Article 40 |
|
Enterprises or sewer systems that discharge wastewater (sewage) in violation of Paragraph 1, Article 7 or Article 8 shall be punished by a fine of not less than NT$60,000 and not more than NT$20,000,000 and shall be notified to make improvements within a limited
period. Those who still fail to complete improvements by the deadline shall be punished for each violation. In severe circumstances, the enterprises or sewer systems may be ordered to suspend work or suspend business and, when necessary, cancel their water
pollution control permits (documents) or ordered to terminate business.
Livestock operators that violate Paragraph 1, Article 7 or Article 8 shall be punished by a fine of not less than NT$6,000 and not more than NT$600,000 and shall be notified to make improvements within a limited period. Those who still fail to complete improvements
by the deadline shall be punished for each violation. In severe circumstances, the livestock operators may be ordered to suspend work or suspend business and, when necessary, cancel their water pollution control permits (documents) or ordered to terminate
business. |
|
Article 41 |
|
Building sewage treatment facility that violate Paragraph 1, Article 7 or Article 8 shall be punished by a fine of not less than NT$3,000 and not more than NT$300,000. |
|
Article 42 |
|
Sewer systems or building sewage treatment facility that violate Paragraph 1, Article 7 or Article 8, their owners, users, or managers shall be punished. Sewer systems or building sewage treatment facility that are jointly owned or jointly used without managers,
the joint owners or joint users shall be punished. |
|
Article 43 |
|
Enterprises or sewer systems that violate the total quantity control methods determined pursuant to Paragraph 2, Article 9 shall be punished by a fine of not less than NT$30,000 and not more than NT$3,000,000 and shall be notified to make improvements within
a limited period. Those who still fail to complete improvements by the deadline shall be punished for each violation. In severe circumstances, the enterprises or sewer systems may be ordered to suspend work or suspend business and, when necessary, cancel their
water pollution control permits (documents) or ordered to terminate business. |
|
Article 44 |
|
Enterprises or sewer systems (excluding public sewer systems and community dedicated sewer systems) that violate regulations determined pursuant to Paragraph 8, Article 11 for failure to pay fees by the deadline shall pay, in addition to said fees, interest
that shall accrue daily based on the fixed interest rate per annum for the one-year time deposit of postal savings on the day of the payment deadline. In case the enterprises or the sewer systems still fail to make payments ninety days after the payment deadline,
they shall be punished by a fine of not less than NT$6,000 and not more than NT$300,000.
Households that violate the autonomy regulations determined pursuant to Paragraph 9, Article 11 for failure to pay fees by the deadline, which continues for ninety days after the payment deadline, shall be punished by a fine of not less than NT$1,500 and no
more than NT$30,000 by local governments.
The amount of fines in the preceding Paragraph shall be determined in accordance with the circumstances of the violation. Local governments shall determine the punishment criteria, and Article 66-1 is not applicable. |
|
Article 45 |
|
Those who violate Paragraph 1, Article 14 for discharging Wastewater (Sewage) for not obtaining discharge permits or simplified discharge permission documents shall be punished by a fine of not less than NT$60,000 and not more than NT$6,000,000 and shall be
ordered to suspend work or suspend business for the whole Enterprises by competent authorities and, when necessary, shall be ordered to terminate business.
Those that violate Paragraph 1, Article 14 by failure to operate in accordance with the registration items of discharge permits or simplified discharge permission documents, shall be punished by a fine of not less than NT$60,000 and not more than NT$6,000,000
and shall be notified to make corrections within a limited period. Those who still fail to make corrections by the deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend work or suspend business and, when necessary,
cancel their Water Pollution control permits (documents) or ordered to terminate business.
Those who violate Paragraph 2, Article 14 shall be punished by a fine of not less than NT$10,000 and not more than NT$600,000 and shall be notified to make corrections within a limited period. Those who still fail to make corrections by the deadline shall be
punished for each violation. |
|
Article 46 |
|
Those that violate the regulations determined pursuant to Paragraph 4, Article 13 or Article 18 shall be punished by a fine of not less than NT$10,000 and not more than NT$6,000,000 and shall be notified to make corrections or improvements within a limited
period. Those who still fail to make corrections or complete improvements by the deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend work or suspend business and, when necessary, cancel their water pollution
control permits (documents) or ordered to terminate business. |
|
Article 46-1 |
|
Those that discharge wastewater (sewage) in violation of Paragraphs 1, 2 or 4 of Article 18-1 shall be punished by a fine of not less than NT$60,000 and not more than NT$20,000,000 and shall be notified to make improvements within a limited period. Those who
still fail to complete improvements by the deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend work or suspend business and, when necessary, cancel their water pollution control permits (documents) or ordered
to terminate business. |
|
Article 47 |
|
Sewer systems that violate Article 19 shall be punished by a fine of not less than NT$60,000 and not more than NT$6,000,000 and shall be notified to make corrections or improvements within a limited period. Those who still fail to make corrections or complete
improvements by the deadline shall be punished for each violation. |
|
Article 48 |
|
Enterprises or sewer systems that violate Paragraph 1, Article 20 for storing or diluting wastewater (sewage) without obtaining permission documents to do so shall be punished by a fine of not less than NT$30,000 and not more than NT$3,000,000 and shall be
ordered to suspend work or suspend business completely by competent authorities and, when necessary, shall be ordered to terminate business.
Enterprises or sewer systems that violate Paragraph 1, Article 20 by failure to operate in accordance with the registered items of the permission documents for storing or diluting shall be punished by a fine of not less than NT$30,000 and not more than NT$3,000,000
and shall be notified to make corrections within a limited period. Those who still fail to make corrections by the deadline shall be punished for each violation. In severe circumstances, the enterprises or sewer systems may be ordered to suspend work or suspend
business and, when necessary, cancel their water pollution control permits (documents) or ordered to terminate business.
Enterprises or sewer systems that violate Paragraph 1, Article 21 or the regulations determined pursuant to Paragraph 2, Article 21 shall be punished by a fine of not less than NT$10,000 and not more than NT$100,000 and shall be notified to make corrections
or improvements within a limited period. Those who still fail to make corrections or complete improvements by the deadline shall be punished for each violation.
The dedicated personnel responsible for wastewater (sewage) treatment that violates the regulations determined pursuant to Paragraph 2, Article 21 shall be punished by a fine of not less than NT$10,000 and not more than NT$100,000 and, when necessary, cancel
their qualification certificates as the dedicated personnel responsible for wastewater treatment. |
|
Article 49 |
|
Those that violate Paragraph 1, Article 23 or the management regulations determined pursuant to Paragraph 2, Article 23 shall be punished by a fine of not less than NT$30,000 and not more than NT$3,000,000 and shall be notified to make corrections or improvements
within a limited period. Those who still fail to make corrections or complete improvements by the deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend work or suspend business and, when necessary, have their
permits canceled or be ordered to terminate business. |
|
Article 50 |
|
Those that evade, obstruct, or refuse verification work in Paragraph 1, Article 26 shall be punished by a fine of not less than NT$30,000 and not more than NT$3,000,000 and may be punished for each violation and subject to the compulsory enforcement of verification
work. |
|
Article 51 |
|
Those that violate Paragraphs 1 and 4 of Article 27 shall be punished by a fine of not less than NT$60,000 and not more than NT$6,000,000; when necessary, their water pollution control permits (documents) may be cancelled or orders are issued to terminate business.
Those who violate Paragraph 1, Article 28 shall be punished by a fine of not less than NT$10,000 and not more than NT$6,000,000 and shall be notified to make corrections or improvements within a limited period. Those who still fail to make corrections or complete
improvements by the deadline shall be punished for each violation; when necessary, their Water Pollution control permits (documents) may be cancelled or orders may be issued to terminate business. |
|
Article 52 |
|
Those that violate any of the Subparagraphs of Paragraph 1 of Article 30 or Paragraph 1, Article 31 shall be punished by a fine of not less than NT$30,000 and not more than NT$3,000,000 and shall be notified to make improvements within a limited period. Those
who have still failed to complete improvements by the deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend acts, work, or business and, when necessary, their water pollution control permits (documents) may
be cancelled or orders may be issued to terminate business. |
|
Article 53 |
|
Those that violate Paragraph 1, Article 32 by injecting wastewater (sewage) into the groundwater body or discharging wastewater (sewage) into soil without obtaining soil-discharge treatment permits shall be punished by a fine of not less than NT$60,000 and
not more than NT$6,000,000 and shall be ordered to suspend work or suspend business for the whole enterprises by competent authorities and, when necessary, shall be ordered to terminate business.
Those that violate Paragraph 1, Article 32 by failure to operate in accordance with the registered items of the soil-discharge treatment permits shall be punished by a fine of not less than NT$60,000 and not more than NT$6,000,000 and shall be notified to make
corrections within a limited period. Those who still fail to make corrections by the deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend work or suspend business and, when necessary, their Water Pollution
control permits (documents) may be canceled or orders may be issued to terminate business. |
|
Article 54 |
|
Those who violate Paragraphs 1 and 2 of Article 33 shall be punished by a fine of not less than NT$60,000 and not more than NT$6,000,000 and shall be notified to make improvements within a limited period. Those who still fail to complete improvements by the
deadline shall be punished for each violation. In severe circumstances, they may be ordered to suspend storage, work, or business and, when necessary, may be ordered to terminate business. |
|
Article 55 |
|
For those violations that have been determined to be of severe circumstances, competent authorities may, pursuant to this Act, directly order the suspension of acts, the suspension of storage, the suspension of work, or the suspension of business; when necessary,
the termination of business. |
|
Article 56 |
|
Those that have reporting obligations pursuant to Paragraph 3, Article 20, Article 22, Paragraph 2, Article 31, Paragraph 4, Article 32, or Paragraph 2, Article 33 and fail to report shall be punished by a fine of not less than NT$6,000 and not more than NT$
3,000,000 and shall be notified to report within a limited period. Those who still fail to report or who report incompletely by the deadline shall be punished for each violation. |
|
Article 57 |
|
The central competent authority shall determine the principles for the punishments for each failure to make corrections or complete improvements by the deadline pursuant to this Act, the deadline for improvements or corrections within a limited period, the
inspection methods for checking the completion of improvements, the enforcement methods of laws and regulations, and other items that shall be complied with. |
|
Article 57-1 |
|
During the improvement period, if the concentrations of the pollutants in the wastewater (sewage) discharged by enterprises or sewer systems exceed the concentrations for which the punishment has been imposed, or if the hydrogen ion concentration index deteriorates,
the enterprises or sewer systems shall be punished for each violation. |
|
Article 58 |
|
For those circumstances in which a single enterprise installs multiple discharge points, or in which multiple enterprises jointly install wastewater treatment facility or use a single discharge point, and the discharged wastewater fails to meet the Effluent
Standards or other provisions of this Act, each of the enterprises shall be punished separately. |
|
Article 59 |
|
When wastewater (Sewage) treatment facility malfunction and the following requirements are complied with, the standards determined by competent authorities are not applicable within twenty-four hours after the occurrence of the malfunction:
1. Promptly make repairs or start backup devices, and adopt responsive measures, including reduction or suspension of production or service volume or other measures.
2. Promptly record the names of the malfunctioning facility and the times of the malfunction in a malfunction record book, report by phone or facsimile to local competent authorities, and record the names and titles of the reporting and receiving persons.
3. Resume normal operation within twenty-four hours after the occurrence of the malfunction or reduce or suspend production and service volume prior to the resumption of normal operation.
4. Submit a written report to local competent authorities within five days.
5. There is a direct relation between the malfunction and the item of the Effluent Standards that is violated.
6. The same malfunction did not occur within six months in the past.
The contents of the written report in Subparagraph 4 of the preceding Paragraph shall include the following items:
1. Names of the facility and the times of the malfunction.
2. Reasons for the occurrence and repair methods.
3. Pollution control measures adopted during the period of the malfunction.
4. Methods for preventing the recurrence of a similar malfunction in the future.
5. Evidential data related to Subparagraphs 1 and 2 of the preceding Paragraph.
6. Other items designated by competent authorities |
|
Article 60 |
|
Enterprises that fail to submit supporting documents to competent authorities demonstrating compliance with the standards and other regulations determined by competent authorities by the deadline after being notified to make improvements pursuant to Article
40, Article 43, Article 46, and Article 53 shall be deemed as failing to complete improvements. |
|
Article 61 |
|
The period for making corrections, improvements, or reports as notified pursuant to this Act shall not exceed ninety days. |
|
Article 62 |
|
Enterprises, sewer systems or building sewage treatment facility that are unable to complete improvements by the deadline due to natural disasters or other force majeure events shall continue to make improvements after such reasons end and shall, within fifteen
days, apply to local competent authorities for approval of a start date for the remaining period by submitting explanations in writing and relevant supporting documents. |
|
Article 63 |
|
Enterprises that suspended business or partially or completely suspended work shall, prior to the resumption of business or work, submit water pollution control measure and sludge treatment improvement plans and apply for a trial run, and may perform the trial
run in accordance with the plans only after such plans are reviewed and approved. The same rule applies to those who are ordered by competent authorities to make improvements within a limited period and voluntarily report the suspension of work (business).
The deadline for the trial run in the preceding Paragraph shall not exceed three months, and an application for the resumption of work (business) shall be submitted before the trial run expires. During the period in which competent authorities are reviewing
the application for a trial run or the resumption of work (business), with the approval of competent authorities, enterprises may continue to operate under the production volume of wastewater (sewage) reported by them that can be treated to meet control standards.
For the application for the resumption of work (business) in the preceding Paragraph, competent authorities shall perform an inspection and assessment of at least fifteen days within a one-month period, and when both inspection and assessment results meet control
standards, the production volume of wastewater (sewage) shall be the condition for operation in the manufacturing process for approval of the resumption of work (business). Enterprises shall also apply for registration of changes in the registered items of
the discharge permission based on inspection and assessment results.
Those that do not pass inspection and assessment and are not approved to resume work (business) shall suspend operation and make improvements and shall not reapply for a trial run within one month.
Competent authorities shall impose punishments for each violation or order the suspension of operation pursuant to this Act on those enterprises that violate this Act during the application period for a trial run or the resumption of work (business). |
|
Article 63-1 |
|
The water pollution control measure and sludge treatment improvement plans in Paragraph 1 of the preceding Article shall be published by enterprises on the public website designated by the central authority for public inquiry.
Competent authorities shall, when conducting the review in Paragraph 1 of the preceding Article, allow stakeholders and public interest groups to express their opinions prior to the completion of the review as the reference for the review. After the meeting,
meeting minutes shall be made and published on the website designated by the central competent authority in the preceding Paragraph. |
|
Article 64 |
|
Unless other regulations apply, the penalties determined in this Act shall be imposed by the Environmental Protection Administration, Executive Yuan at the central government level, the governments of the special municipality in special municipalities, and
the county/city government in counties/cities. |
|
Article 65 |
|
(DELETED) |
|
Article 66 |
|
Competent authorities shall enforce the suspension of work, the suspension of business, and the revocation or cancellation of permits in this Act; competent authorities of the industries concerned, after forwarded by competent authorities, shall enforce the
termination of business. |
|
Article 66-1 |
|
The amount of fines pursuant to this Act shall be determined in accordance with the pollution characteristics and the circumstances of the violation.
The central competent authority shall determine the punishment criteria in the preceding Paragraph. |
|
Article 66-2 |
|
For those that gain interests from violating the obligations in this Act, in addition to the fine of a certain amount imposed pursuant to this Act, a demand to return may be made within the scope of the gained interests.
For those that act for the interest of others and make such others violate the obligations in this Act and become punishable, and they gain property interests for their acts without punishments, a demand to return may be made within the scope of the value of
the gained property interests.
For those actors that violate the obligations in this Act and become punishable, but others gain property interests for such actors’ acts without punishments, a demand to return may be made within the scope of the value of the gained property interests.
The demand to return in the preceding three Paragraphs shall be made in the form of an administrative disposition to be delivered by the competent authorities that impose the punishments; the so-called interests may include active interests and passive interests,
which represent the expenses that should have been paid but were not paid or reduced. The central competent authority shall determine the calculation and estimation methods. |
|
Article 66-3 |
|
The special funds set up by competent authorities at all levels pursuant to Paragraph 6, Article 11 shall be sourced from, in addition to the water pollution control fees collected pursuant to Paragraph 1 of that Article, the gained interests demanded to be
returned pursuant to the preceding Article and the fines in part imposed pursuant to this Act by competent authorities at all levels.
For those funds that are sourced from the gained interests demanded to be returned and the fines imposed pursuant to this Act in the preceding Paragraph, such funds shall be prioritized to be used in the remediation of the water body polluted by those that
violate the obligations of this Act. |
|
Article 66-4 |
|
Any person in the public may report detailed facts or submit evidential data to inform the special municipality and county/city competent authorities of the violations of this Act.
The special municipality and county/city competent authorities shall keep confidential the identity of the informant. If the report in the preceding Paragraph is verified to be true and a fine is imposed, as the fine reaches a certain amount, such authorities
may allot a specific percentage of the total amount of the fine actually collected as a reward to the informant.
The special municipality and county/city competent authorities shall formulate the regulations for the qualification of the reporting and rewarded informants, the specific percentage of the allotment, the allotment methods, and other related items in the preceding
Paragraph. |
|
Chapter 5 Supplementary Provisions |
|
Article 67 |
|
Competent authorities at all levels shall collect review fees, testing fees, and certificate fees for the issuance of permits, the acceptance of registration of changes, and the review of and permission of all applications pursuant to this Act.
The central competent authority shall consult relevant agencies to formulate the fee collection standards in the preceding Paragraph. |
|
Article 68 |
|
The central competent authority shall designate and officially announce the methods and quality control items for all inspections determined in this Act. |
|
Article 69 |
|
Enterprises and sewer systems shall publish on the website designated by the central competent authority the water pollution control permits (documents) approved by competent authorities, data submitted pursuant to this Act, and the permit numbers and information
of environmental engineers, dedicated wastewater treatment personnel, and environmental inspection and testing institutions.
Competent authorities at all levels may, based on the needs for water pollution control research, provide individual or statistical data on enterprises, sewer systems, and building sewage treatment facility that are related to such research to academic research
agencies (institutions), environmental protection business entities, technical consulting institutions, and foundations. The central competent authority shall officially announce the principles of the provision of such data.
Competent authorities at all levels may publish the individual and statistical information on the review and punishment of enterprises, sewer systems, building sewage treatment facility, environmental engineers, dedicated wastewater treatment personnel, and
environmental inspection and testing institutions on the website designated by the central competent authority. |
|
Article 70 |
|
Victims of water pollution may apply to competent authorities to identify the reason why they are harmed; the competent authority may, after investigating with relevant agencies, order those that discharged water pollutants to make improvements promptly, and
the victims may seek appropriate compensation. |
|
Article 71 |
|
When there is an incident of pollution in a surface water body, competent authorities shall order polluters to clean and dispose of such pollution within a limited period; when the clearance and disposal is not performed by the deadline, competent authorities
may perform clearance and disposal in place of the polluters and seek compensation from the polluters for the clearance, improvement, and necessary expenses derived therefrom.
The right to seek compensation for necessary expenses in the preceding Paragraph shall take precedence over all creditors’ rights and collateral rights. |
|
Article 71-1 |
|
In order to secure the compensation for competent authorities for performing clearance in place of the polluters as stated in the preceding Article, the fines imposed due to violations of this Act, and the demand for returning gained interests under Article
66-2, competent authorities may apply for provisional attachment and provisional injunction. |
|
Article 72 |
|
When enterprises or sewer systems violate this Act or relevant regulations determined pursuant to the authorization of this Act, and competent authorities are negligent in enforcement, victims or public interest groups may notify the competent authorities in
writing of the specific contents of the negligent enforcement. For those competent authorities that have still failed to carry out enforcement in accordance with the law within sixty days of receipt of the written notification, the victims or public interest
groups may name the competent authorities at issue as the defendants and directly file a lawsuit before the High Administrative Court based on their negligence in performing their duties in order to seek a judgment ordering the competent authorities to perform
their duties.
When issuing the judgment in the preceding Paragraph, the High Administrative Court, pursuant to its authority, may order the agencies as the defendants to pay appropriate attorneys’ fees, monitoring and identification fees, and other litigation costs to the
plaintiffs who have made specific contributions to the maintenance of the quality of the water body.
The central competent authority shall consult relevant agencies to determine the format of the written notification in Paragraph 1. |
|
Article 73 |
|
The severe circumstances referred to in Article 40, Article 43, Article 46, Article 46-1, Article 49, Article 52, Article 53, and Article 54 shall mean one of the following:
1. Circumstances in which a pollution source fails to be legally registered or permitted in violation of this Act.
2. Circumstances in which a violator, who has been punished, voluntarily reports that the works are suspended and the improvements are implemented, but those are not true after verification.
3. Circumstances in which a violator, who has been notified twice within one year to make improvements within a limited period, still continues to violate this Act.
4. Circumstances in which an enterprise within an industrial park that treats its wastewater (sewage) through the sewer system of the industrial park and violates relevant sewer regulations, after being notified by the sewer organization pursuant to sewer
regulations to suspend the use of the sewer system due to severe circumstances, still continues to discharge wastewater (sewage).
5. Circumstances in which a competent authority determines that a large volume of pollutants was discharged and has seriously impacted the quality of the water body in the surrounding environment.
6. Circumstances in which a competent authority determines that there is a concern of the endangerment of public health due to the discharge of wastewater (sewage) that contains substances harmful to health.
7. Other acts determined by a competent authority to have seriously impacted the quality of the water body in the surrounding environment.
Competent authorities shall publish enterprises that have been determined to be involved in the severe circumstances in the preceding Paragraph. The relevant competent authorities of the industries concerned in charge of providing preferential treatment or
of each of the laws shall terminate and demand the return of the preferential treatment to which the enterprises were originally entitled for the year(s) in which the violation occurred, and the enterprises shall not be entitled to preferential treatment of
the government within three years thereafter.
The term “preferential treatment” referred to in the preceding Paragraph includes incentives, subsidies, donations, and reductions of taxes, rents, fees, or all other kinds of preferential measures provided by the central or local governments to the enterprises
according to laws or administrative actions. |
|
Article 74 |
|
The central competent authority shall determine the enforcement rules of this Act. |
|
Article 75 |
|
This Act shall take effect on the date of promulgation. |
|