| Content： |
Article 2
Terminologies used in this Act are defined as follows:
I. Water: It means surface water or groundwater as it exists in
any form.
II. Surface water body: It means water, in part or in whole,
existing in rivers, the sea, lakes, reservoirs, ponds,
irrigation canals, all classes of water drainage channels
and other systems.
III. Groundwater body: It means the water existing in
underground water-bearing strata.
IV. Pollutant: It means a substance, biological organism or
form of energy capable of causing water pollution.
V. Water pollution: It means the introduction into water of
substances, biological organisms or forms of energy that
alters water quality, impacts the normal use of the water or
endangers public health and the living environment.
VI. Living environment: It means property, animals, plants and
their reproductive environments that are closely connected
with human life.
VII. Enterprise: Enterprises mean companies, factories, mines
and quarries, substitute wastewater treatment enterprises,
livestock enterprises and other enterprises designated by
the central competent authority.
VIII. Wastewater: It means water containing pollutants produced
by an enterprise through manufacturing, operating, the
process of developing natural resources or the working
environment.
IX. Sewage: It means water containing pollutants produced by a
source other than an enterprise.
X. Wastewater and sewage treatment facilities: The facilities
mean those that use physical, chemical or biological
methods to treat wastewater or sewage so that it meets the
control standards of this Act.
XI. Water pollution control measures: The measures mean the
installation of wastewater and sewage treatment facilities,
connection to a sewage system, soil treatment, commissioning
of treatment to a substitute wastewater treatment enterprise,
installation of marine discharge pipelines, marine dumping
and other methods of controlling water pollution permitted
by the central competent authority.
XII. Sewage systems: The systems mean all types of facilities
used for the collection, pumping, conveyance, treatment
and final treatment of the wastewater and sewage of public
sewers and special-purpose sewers.
XIII. Discharge point: It means a fixed discharge facility
installed in accordance with the law through which
wastewater or sewage enters a receiving water body.
XIV. Effluent: It means wastewater or sewage prior to
entering a receiving water body.
XV. Carrying capacity: It means the quantity of pollutants a
water body can assimilate without jeopardizing its normal
uses.
XVI. Water zone: It means all or some of the water bodies within
an area delineated by the competent authority.
XVII. Water quality standards: The standards mean a quantitative
value designated by the competent authority for the
quality of a water body based on its optimal use.
XVIII. Effluent standards: The standards mean a regulatory
limit for the quality or composition of effluent.
Article 10
Competent authorities at all levels shall install water quality
monitoring stations, and issue official announcements of
monitoring results at regular intervals and adopt appropriate
measures.
The sampling frequency of the water quality monitoring stations
mentioned in the preceding paragraph shall be determined in
accordance with the pollution characteristics whether to be on
a monthly or seasonal basis and, when necessary, shall be
shortened.
Locations, items, and frequency of the water samplings shall be
taken into consideration by the geographic characteristics of
thewatersheds, the quality and current situation of the water
bodies,and shall also be revised regularly by competent
authorities at all
levels according to the water monitoring report of every year
and the need for water pollution remediation as well. The
central competent authority shall establish the monitoring
stations and determine the monitoring criterion mentioned in
Paragraph 1.
Competent authorities at all levels may commission relevant
agencies and analysis laboratories permitted by the central
competent authority to perform water quality monitoring in
Paragraph 1.
Relevant industry competent authorities shall monitor the
yields of heavy metal, toxic chemicals, and agricultural
chemicals in edible plants, fish, shrimps, shellfish, and
sediments when the official announcement of testing results in
Paragraph 1 failed to meet water body classifications and
water quality standards, and measures to prohibit harvest and
consumption of aquatic animal and plants shall be adopted when
there is concern of the endangerment of human health,
agricultural or aquacultural production.
Article 11
The central competent authority shall collect water pollution
control fees from enterprises, sewage systems and households
that discharge wastewater or sewage into surface water bodies
based on their discharge water quality and water quantity or
based on their discharge water quality and water quantity as
determined through a calculation method designated by the
central competent authority. The water pollution control fees
in the preceding paragraph shall be provided exclusively for
national water pollution control matters, and the disbursement
items of these fees shall be the following.
I. Remediation of the pollution of surface water bodies and
monitoring of water quality;
II. Improvement of water quality in drinking water source
quality protection areas;
III. Improvement of water quality in water pollution total
quantity control zones;
IV. Construction of primary and secondary public sewage system
main pipes;
V. Construction of wastewater treatment plants and wastewater
and sewage interception facilities;
VI. Construction of nightsoil dumping stations and nightsoil
treatment plants;
VII. Construction of centralized treatment facilities for sludge
produced by wastewater and sewage treatment facilities;
VIII. Water pollution control technology research and development,
acquisition and strategy research and development;
IX. Disbursements necessary, and employment of personnel required,
for implementation of fee collection work; and
X. Other relevant water pollution control work.
Disbursements for Subparagraph IX of Paragraph 2 shall not be
higher than 10%.
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, fee paymentprocedures, fee payment deadlines,
use for each stage, and other binding fee collection regulation
matters.
Water pollution controlimplementation performance shall be
reevaluated annually and reported to and filed for future
reference with the Legislative Yuan.
Water pollution control fees in Paragraph 1 shall be distributed
to the centraland local governments and the distribution principle
shall be determined by the central competent authority after taking
into account the requirements of each special municipality, county
or city competent authority for pollution control.
Competent authorities shall set up a special fund consisting of
water pollution control fees in Paragraph 1. The regulations for
income,expenditure, custody and use of the fund shall be determined
separately by Executive Yuan, the special municipality, county or
city competent authority.
The central competent authority shall establish a fee rate review
committee for water pollution control fees; the central competent
authority shall determine establishment regulations for this
committee.
Article 14
Those enterprises that discharge wastewater or sewage into surface
water bodies shall apply to the special municipality, county or
city competent authority for the discharge permit or simple
discharge permit document and shall operate based on the registered
items while discharging. In case of any change in the registered
items, the concerned enterprise shall apply for the change with
the special municipality, county or city competent authority before
the change is made.
The registered items shall not be changed unless the change is
reviewed and approved by the special municipality, county or city
competent authority.
When the change in the registered items mentioned in the preceding
paragraph does not involve the collection, treatment or discharge
of wastewater, sewage,or sludge, the concerned enterprise,
designated by the central competent authority, may perform the
change of registration within the prescribed period.
The central competent authority shall determine the management
regulations for the applicable entities, application forms, review
procedures, issuance,cancellation and other items that shall be
covered in the discharge permit or simple discharge permit document.
Article 14-1
Those enterprises designated and officially announced by the
central competent authority shall, upon application for and
modification of water pollution control measure plans,discharge
permits or simple discharge permit documents, disclose the
concentration and quantity of the pollutants that their
discharged wastewater or sewage may contain.
When the wastewater or sewage discharged by an enterprise contains
the pollutants not covered by the effluent standards and the
pollutant has been determined by the special municipality, county
or city competent authority to be of concern of endangerment of
ecology or human health, the enterprise shall submit a risk
assessment and management report in accordance with the requirements
provided by the central competent authority to explain the risk of
its wastewater or sewage on the ecology and human health and risk
management measures that can be adopted.
For the report reviewed and approved of the preceding paragraph,
the special municipality, county or city competent authority shall
approve, in accordance with the review results,the concentration
or total quantity limit indicted in the water pollution control
measures plan, discharge permit, or simple discharge permit document.
Pollutants in Paragraph 2, assessed and determined necessary by
competent authorities at all levels, shall be added to the effluent
standards.
Article 15
The validity period for discharge permits and simple discharge
permit documents shall be five years. Those that still wish to
continue to use their permits or permit documents after expiration
shall, within the five-month period starting six months prior to
expiration, apply to the special municipality, county or city
competent authority for the approval of an extension. Each extension
shall not exceed five years.
When there is concern with ecological or human health risks due
to deterioration of water quality within the validity period of a
discharge permit or simple discharge permit document in the preceding
paragraph, and the special municipality, county or city competent
authority considers that the registered items in the permit shall
not be able to protect the water bodies or the risks may be harmful
for the public welfare, the authority shall modify the registered
items or cancel the concerned permit or permit document.
Article 18-1
Enterprises or sewage systems that discharge wastewater or sewage
shall follow an approved collection, disposal unit, and flow
process, drain from an approved and registered discharge point or
from a discharge point authorized by the management authority
(agency) into a sewage system, and not reroute discharge.
The wastewater or sewage of the preceding paragraph that requires
treatment before it can meet the control standards determined by
this Act shall not be diluted with non-treated water that meets
the standards determined under this Act.
In case the rerouted discharge and dilution mentioned in the
preceding two paragraphs are made to rescue personnel or salvage
major treatment facilities recognized by the competent authority
in an emergency, and the special municipality, county or city
competent authority is informed within three hours, then the
rerouted discharge and dilution shall not be subject to the said
restriction.
Wastewater and sewage treatment/pretreatment facilities installed
by enterprises or sewage systems shall be equipped with adequate
functions and equipment and maintain normal operation.
Article 20
An enterprise or sewage system shall apply to the special
municipality, county or city competent
authority for permission before storing or diluting the wastewater,
and shall obey all the items
registered on the permit. But the enterprise shall apply for a
wastewater dilution permit only if there are no other alternative
wastewater treatment facilities or methods.
The central competent authority shall determine the management
regulations for the applicable entities, application forms, review
procedures, issuance, cancellation and other items that shall be
obeyed covered in the wastewater storage or dilution permit in the
preceding paragraph.
Those permitted to store and dilute wastewater pursuant to
Paragraph 1 shall report wastewater treatment circumstances to
special municipality, county or city competent authority based on
the format, content, frequency and method provided by the competent
authority.
Article 22
Enterprises or sewage systems shall, based on the format, content,
frequency and method provided by the competent authority, report
the operation of wastewater and sewage treatment facilities,
analysis of effluent water quality and water quantity, power
consumption records, and other documents related to wastewater and
sewage treatment to the special municipality, county or city
competent authority.
The central competent authority should determine testing and
reporting items for each type of industry according to the
characteristics of their wastewater, and the special municipality,
county or city competent authority may, based on the circumstances
of discharge, increase testing and reporting items.
Article 27
When there is concern of the serious endangerment of human health,
agricultural or aqua cultural production, or drinking water sources
due to the discharge of wastewater or sewage by an enterprise or
sewage system, the statutory responsible person shall adopt
emergency response measures promptly and notify the local competent
authority within three hours.
The central competent authority shall determine the circumstances
of the serious endangerment of human health, agricultural or
aquacultural production, or drinking water sources referred to in
the preceding paragraph.
The central competent authority shall determine the content and
implementation methods for the emergency response measures in
Paragraph 1.
Under the circumstances in Paragraph 1, in addition to ordering
the adoption of necessary control measures, the competent authority
shall, for those serious circumstances, also order suspension
of business or the partial or complete suspension of work.
Article 28
Maintenance and preventive measures shall be adopted for those
circumstances in which there is concern of the leakage through
negligence of pollutants or wastewater or sewage into a water
body from the conveyance or storage equipment installed by an
enterprise or sewage system.
For those circumstances in which leakage through negligence
causes the pollution of a water body, emergency response measures
shall be adopted promptly and the local competent authority
notified within three hours of the occurrence of the accident.
In addition to ordering the adoption of necessary control measures,
the competent authority shall, for those serious circumstances,
also order the suspension of business or the partial or complete
suspension of work.
The central competent authority shall determine the content and
implementation methods for the emergency response measures in the
preceding paragraph.
Article 31
In one of the following circumstances, an enterprise or sewage
system that discharges wastewater or sewage into a water body
that has been delineated as a total quantity control water body
shall install on its own an automatic monitoring system in order
to monitor effluent water quality and water quantity.
Those circumstances in which the daily quantity of wastewater or
sewage discharges exceeds 1,000 m3;
II. Those circumstances in which the special municipality, county
or city competent authority has determined the enterprise or sewage
system to be a major water pollution source.
Records of the monitoring results and calibration of the monitoring
instruments in the preceding paragraph shall be maintained and
reported to the special municipality, county and city competent
authority or central competent authority in accordance with
regulations.
Article 34
Those that violate Paragraph 1 of Article 27 or Paragraph 1 of
Article 28 by failure to adopt emergency response measures
promptly or that fail to comply with orders issued by the competent
authority pursuant to Paragraph 4 of Article 27 or Paragraph 1 of
Article 28 or those that fail to comply with an order to suspend
work or suspend business issued by the competent authority
pursuant to this Act, shall be punished by a maximum of three
years imprisonment, detention and/or a fine of NT$200,000 to
NT$5 million.
Those that fail to comply with an order to suspend activities
issued by the competent authority pursuant to this Act, shall be
punished by a maximum of one year imprisonment, detention and/or
a fine of NT$100,000 to NT$500,000.
Article 35
Those that have reporting obligations pursuant to this Act that
knowingly report false information or keep false records of their
operations shall be punished by a maximum of three years
imprisonment, detention and/or a fine of NT$200,000 to NT$3,000,000
Article 36
When the concentrations of the toxic or harmful substances in the
wastewater or sewage, which are injected into groundwater bodies
or discharged into the soil or surface water bodies by an enterprise,
exceed all kinds of regulation covered in the Act, the enterprise
shall be punished by a maximum of three years imprisonment,
detention and/or a fine of NT$200,000 to NT$5 million.
Those that violate the preceding paragraph and have one of the
following circumstances, shall be punished by a maximum of five
years imprisonment and/or a fine of NT$200,000 to NT$15 million.
I. Lack a discharge permit or simple discharge permit document;
II. Violation of Paragraph 1 of Article 18-1; or
III. Violation of Paragraph 1 of Article 32.
The central competent authority shall officially announce the types
of substances harmful to health in Paragraph 1.
The statutory responsible person, or supervisor who violates
Articles 34 to Paragraph 2 of this Article shall be subject to the
punishment prescribed for such an offense by increasing the
penalty up to one half.
Article 37
Those that violate Article 34 or the preceding article, or
discharge wastewater or sewage beyond the effluent standards, and
therefore cause human death, shall be punished by life
imprisonment or a minimum of seven years imprisonment and may be
fined a maximum of NT$30 million. Those that cause severe injury
shall be punished by three to ten years imprisonment and may be
fined a maximum of NT$25 million. Those that cause harm to human
health so as to lead to illness or severe environmental pollution
shall be punished by one to seven years imprisonment and may be
fined a maximum of NT$20 million.
Article 38 (Deleted)
Article 39
For those circumstances in which a statutory responsible person
of a juridical person, or an agent,employee or other working
personnel of a juridical person or natural person violates
Articles 34 to 37 in conducting business activities, the
juridical person or natural person shall also be fined up to ten
times the amount of the fine specified in each of the articles
violated, in addition to the violating person being punished in
accordance with the provisions of each article violated.
Properties or property interests obtained by those who violate
the Act from the violating activities shall be returned to victims
or used to pay for such necessary clearance and disposal,
improvement and derivative expenses paid by the competent authority
as specified in Article 71 and the rest shall be confiscated
without regarding whether such properties or interests belong to
the violators or not.
In case it is impossible to confiscate the whole or a part of the
properties or interests, the value thereof shall be collected from
the violators or offset by property of the violators. However, this
does not apply to a bona fide third party that has obtained at
corresponding cost.
To secure such confiscation of the properties or property interests,
such collection of the value and such offset of the property as
stated in the preceding paragraph, property of a violator with
discretion as required, if necessary.
Article 39-1
Enterprises or sewage systems shall not discharge, transfer,
reduce in wage or otherwise take any adverse sanction against its
dedicated enterprise or sewage system personnel or other employees
for their disclosing an action which violates this Act to the
competent authority or judicial authority,becoming witnesses of a
litigation process or refusing to participate in an action which
violates this Act.
Any dismissal, demotion or reduction of wage imposed by the
enterprise or sewage system manager or employee who exercises the
managerial authority on behalf of the employer for reasons as
prescribed in the preceding paragraph shall be null and void.
If those enterprise or sewage system personnel or employer are
penalized by the employer for the reason prescribed in Paragraph 1,
the enterprise or the sewage system has the duty to prove whether
the violation is true.
In case dedicated personnel and other employers in an enterprise or
sewage system who has participated in actions violating the
provisions of this Act and under criminal responsibility disclose
such actions to the competent authority or judicial authority to
assist the authority to uncover the violation of the employer, the
penalty for such person shall be reduced or exempted.
Article 40
Those enterprises or sewage systems that discharge wastewater or
sewage in violation of Paragraph 1 of Article 7 or Article 8
shall be fined NT$60,000 to NT$20 million and shall be notified
to make improvements within a time frame. Those that still fail to
complete improvements by the deadline shall be subject to an
additional fine imposed for each violation. In severe circumstances,
the enterprise or sewage system may be ordered to suspend work or
suspend business and, when necessary, may have its water pollution
control permit (document) cancelled or be ordered to terminate
business.
Livestock enterprises that violate the Paragraph 1 of Article 7
or Article 8 shall be fined NT$6,000 to NT$600,000, and notified
to make improvements within a time frame. Those that still fail
to complete improvements by the deadline shall be subject to an
additional fine imposed for each violation. In severe circumstances,
orders shall be issued for the suspension of work or suspension
of business and, when necessary, may have its water pollution control
permit (document) cancelled or be ordered to terminate business.
Article 41
Those building sewage treatment facilities that violate Paragraph 1
of Article 7 or Article 8 shall be fined NT$3,000 to NT$300,000.
Article 43
Those enterprises or sewage systems that violate the total quantity
control methods determined pursuant to Paragraph 2 of Article 9
shall be fined NT$30,000 to NT$3 million and shall be notified
to make improvements within a time frame. Those that still fail
to complete improvements by the deadline shall be subject to an
additional fine imposed for each violation. In severe circumstances,
the enterprise or sewage system shall be ordered to suspend work
or suspend business and, when necessary, may have its water pollution
control permit (document) cancelled or be ordered to terminate business.
Article 44
Those that violate regulations determined pursuant to Paragraph 4
of Article 11 by failure to pay fees by the deadline shall pay,
in addition to said fees, interest that shall accrue daily based
on the fixed annual interest rate for a one-year postal savings
time deposit on the day of the payment deadline. For still failing
to make payments 90 days after the payment deadline, the enterprises
or sewage systems shall be additionally fined NT$6,000 to NT$300,000
and the households shall be fined NT$1,500 to NT$30,000.
Article 45
Those that violate Paragraph 1 of Article 14 for discharging
wastewater or sewage without a discharge permit or simple
discharge permit document shall be fined NT$60,000 to NT$
6 million. The enterprise shall be ordered by the central
competent authority to suspend work or suspend of business,
and when necessary, orders shall be issued to terminate business.
Those that violate Paragraph 1 of Article 14 by failure to operate
with the registration items of a discharge permit or simple
discharge permit document, shall be fined NT$60,000 to NT$6 million
and shall be notified to make corrections within a time frame.
Those that still fail to make corrections by the deadline shall
be subject to an additional fine imposed for each violation. In
severe circumstances, the enterprise or sewage system may be ordered
to suspend work or suspend business and, when necessary, may
have its water pollution control permit (document) cancelled or be
ordered to terminate business.
Those that violate Paragraph 2 of Article 14 shall be fined NT$10,000
to NT$600,000, and shall be notified to make corrections within a
time frame. Those that still fail to make corrections by the deadline
shall be fined per violation.
Article 46
Those that violate the regulations determined pursuant to Paragraph 4
of Article 13 or Article 18 shall be fined NT$10,000 to NT$6 million
and shall be notified to make corrections or improvements within a
time frame. Those that still fail to make corrections or complete
improvements by the deadline shall be fined per violation. In severe
circumstances, orders may be issued for the suspension of work or
suspension of business and, when necessary, water pollution control
permits (documents) may be cancelled or be ordered to terminate
business.
Article 46-1
Those that discharge wastewater or sewage in violation of
Paragraph 1, 2 or 4 of Article 18-1 shall be fined NT$60,000 to
NT$20 million and shall be notified to make improvements within
a time frame. Those that still fail to complete improvements by
the deadline shall be fined subject to an additional fine imposed
for each violation. In severe circumstances, the enterprise or
sewage system shall be ordered to suspend work or suspend business
and, when necessary, may have its water pollution control permit
(document) cancelled or be ordered to terminate business.
Article 47
Those sewage systems that violate Article 19 shall be fined
NT$60,000 to NT$6 million and shall be notified to make
corrections or improvements within a time frame. Those that still
fail to make corrections or complete improvements by the deadline
shall be fined per violation.
Article 48
Those enterprises or sewage systems that violate Paragraph 1 of
Article 20 for their storing or diluting wastewater or sewage
without the wastewater storage or dilution permit shall be fined
NT$30,000 to NT$3 million. The enterprise shall be ordered to
suspend work or suspend of business by the central competent
authority, and when necessary, orders shall be issued to
terminate business.
Those enterprises or sewage systems that violate Paragraph 1 of
Article 20 by failure to operate with registration items of a
wastewater storage or dilution permit shall be fined NT$30,000
to NT$3 million,and shall be notified to make corrections within
a time frame. Those that still fail to make corrections by the
deadline shall be subject to an additional fine imposed for each
violation. In severe circumstances,the enterprise or sewage system
may be ordered to suspend work or suspend business and, when
necessary, may have its water pollution control permit (document)
cancelled or be ordered to terminate business.
Those enterprises or sewage systems that violate Paragraph 1 of
Article 21 or any regulations determined pursuant to Paragraph 2
of Article 21 shall be fined NT$10,000 to NT$100,000 and notified
to make corrections or make improvements within a time frame.
Those that still fail to make corrections or complete
improvements by the deadline shall be fined per violation.
Those dedicated wastewater or sewage treatment personnel who violate
the regulations determined pursuant to Paragraph 2 of Article 21
shall be fined NT$10,000 to NT$100,000 and, when necessary, have
their dedicated wastewater treatment personnel qualification
certificates cancelled.
Article 49
Those that violate Paragraph 1 of Article 23 or the management
regulations determined pursuant to Paragraph 2 of Article 23 shall
be fined NT$30,000 to NT$3 million and shall be notified to make
corrections or improvements within a time frame.Those that still
fail to make corrections or complete improvements by the deadline
shall be subject to an additional fine imposed for each violation.
In severe circumstances, orders shall be issued for the suspension
of work or suspension of business and, when necessary,permits may
be cancelled or orders issued for the termination of business.
Article 50
Those that evade, obstruct or refuse verification work in
Paragraph 1 of Article 26 shall be fined NT$30,000 to NT$ 3 million
and may be fined per violation and subject to the compulsory
enforcement of verification work.
Article 51
Those that violate Paragraphs 1 and 4 of Article 27 shall be fined
NT$60,000 to NT$6 million; when necessary,discharge water pollution
control permits (documents) may be cancelled or orders issued for
the termination of business.Those that violate Paragraphs 1 of
Article 28 shall be fined NT$10,000 to NT$6 million and notified
to make corrections or improvements within a time frame.
Those that still fail to make corrections or complete improvements
by the deadline shall be subject to an additional fine imposed for
each violation. When necessary, water pollution control permits
(documents) may be cancelled or orders issued for the termination
of business.
Article 52
Those that violate one of the subparagraphs of Paragraph 1 of
Article 30 or Paragraph 1 of Article 31 shall be fined NT$30,000
to NT$3 million and shall be notified to make improvements within
a time frame. Those that have still failed to complete
improvements by the deadline shall be subject to an additional
fine imposed for each violation. In severe circumstances, orders
shall be issued for the suspension of activities, the suspension
of work or the suspension of business and, when necessary, water
pollution control permits (documents) may be cancelled or orders
issued for the termination of business.
Article 53
Those that violate Paragraph 1 of Article 32 by injecting or
discharging wastewater or sewage into groundwater bodies or soil
without the permit for treatment of the groundwater body from
injection of, or the soil from discharge of, wastewater or sewage
shall be fined NT$60,000 to NT$6,000,000 and shall be ordered by
the competent authority to suspend work or suspend of business;
when necessary, orders shall be issued to terminate business.
Those that violate Paragraph 1 of Article 32 by failure to operate
in conformity with the registration items specified in the permit
for treatment of the groundwater body from injection of, or the soil
from discharge of, wastewater or sewage shall be fined NT$60,000 to
NT$6,000,000 and shall be notified to make corrections within a time
frame. Those that still fail to make corrections by the deadline
shall be subject to an additional fine imposed for each violation.
In severe circumstances, the enterprises or sewage systems may be
ordered to suspend work or suspend business and, when necessary,
may have their water pollution control permits (documents) cancelled
or be ordered to terminate business.
Article 54
Those that violate Paragraphs 1 and 2 of Article 33 shall be fined
NT$60,000 to NT$6 million and shall be notified to make
improvements within a time frame. Those that still fail to complete
improvements by the deadline shall be subject to an additional fine
imposed for each violation. In severe circumstances, orders shall
be issued for the suspension of storage, the suspension of work or
the suspension of business and, when necessary, orders may be issued
for the termination of business.
Article 55
For those circumstances that have been determined to be severe,
the competent authority may, pursuant to this Act, directly order
suspension of activities, suspension of storage, suspension of work
or suspension of business; and, when necessary, orders be issued
for the termination of business.
Article 56
Those that having the reporting obligations pursuant to Paragraph 3
of Article 20, Article 22, Paragraph 2 of Article 31, Paragraph 4
of Article 32, or Paragraph 2 of Article 33 and still failing to
report shall be fined NT$6,000 to NT$ 3 million and shall be notified
to report within a time frame. Those that still fail to report or that
report incompletely by the deadline shall be subject to an additional
fine imposed for each violation.
Article 57
The central competent authority shall determine the principle, which
covers the deadline for improvements and corrections within a time
frame, verification methods for checking the improvements, enforcement
rules of the regulations and other binding matters, of the punishment
for those that fail to make corrections or complete improvements within
the time frame regulated in this Act each time.
Article 63
Those enterprises of which the business is suspended or work is
partially or completely suspended shall, prior to the resumption
of business or work, submit water pollution control measures and
sludge treatment improvement plans and apply for trial operation,
and shall perform trial operation in accordance with plans only
after passing a review.This also applies to those that have been
ordered by the competent authority to make improvements within a
time frame and that voluntarily report the suspension of work or
business.
The deadline for the trial operation in the preceding paragraph
may not exceed three months and the enterprise shall apply for
resumption of work or business before the trial operation deadline.
During the period in which the competent authority is reviewing
applications for trial operation or the resumption of work or
business, with the approved by the competent authority, the
enterprise may continue to operate provided that its wastewater
or sewage output volume remains within the volume it has reported
as being able to treat to the extent that it meets control standards.
For the applications for the resumption of work or business in the
preceding paragraph, the competent authority shall check and evaluate
for more than fifteen days within a one-month period, and then
determine the conditions for manufacturing processes and operations
for the resumption of work or business based on the wastewater or
sewage output volume if the results of the checking and evaluation
all meet the control standards. The enterprise shall also perform
the modification of registration for discharge permit registration
matters based on checking and evaluation results.
Those enterprises for which the checking and evaluation reveals
noncompliance and that resume work or business without approval shall
suspend operations and make improvements, and may not reapply for
trial operation within one month.
For those enterprises that violate this Act during the application
period for trial operation or the resumption of work or business,
the competent authority shall issue a fine per violation or order
suspension of operation pursuant to this Act.
Article 63-1
The water pollution control measures and sludge treatment
improvement plans prescribed in Paragraph 1 of the preceding
article shall be published by enterprises on the designated
website for public inquiry.
For the document review referred to in Paragraph 1 of the
preceding article, prior to the completion of the review, the
central competent authority shall allow stakeholders and public
interest groups to express their opinion as the reference for the
review. The meeting minutes shall be published by enterprises on
the designated website mentioned in the preceding paragraph.
Article 65 (Deleted)
Article 66-2
For those benefited from violating this Act, a fine may be
increased to the extent appropriate within the scope of the
benefit gained.
A person who, having made another person liable for penalty
in consequence of an act in breach of duty under administrative
law committed by him for the benefit of such person, has
nevertheless received no penalty himself despite the fact that
he has gained benefits in property as a result of such act, may
be demanded to have such benefits in property returned to a
certain extent within the scope of the value of the benefits which
he has gained.
If a person is liable for penalty by reason of his commission of an
act in breach of duty under administrative law, but another person
who, despite the fact that he has gained benefits in property as a
result of such act, has received no penalty, the latter may be
demanded to have such benefits in property returned to a certain
extent within the scope of the value of the benefits which he has
gained.
The demand for returning of benefits under the three preceding
paragraphs shall be made in the form of an administrative
disposition to be delivered by the competent agency imposing the
sanction; the benefit mentioned before must include conspicuous
benefits and inconspicuous benefits; inconspicuous benefits are
the costs that should have been made but were avoided. The central
competent authority shall determine the method to calculate the
amount of returning benefit.
Article 66-3
Authorities of each level of government shall set up a special
fund according to Paragraph 6 of Article 11. The source of this
fund, besides the payment received from the waste water
prevention fee, shall also include the additional fines received
from the previous Act.
If the source of the fund in the preceding paragraph comes from
additional fines, the money shall be prioritized to be used in
fixing the water body that the polluter paid for.
Article 66-4
The public may address detailed facts or submit proof to inform
the special municipality city or county competent authority of any
violation of this Act.
The special municipality, county or city competent authority shall
keep the identity of the informant confidential. If the competent
authority or enforcement authority verifies that the information
is true and imposes fines, as the fines reach specific amounts,
the authority may allot specific percentage of the actual collected
fines as reward for the informants.
The competent authority shall determine the qualification of the
informant mentioned in the preceding paragraph, the specific
percentage of the collected fines to be awarded, and other related
matters.
Article 69
Enterprises and sewage systems shall publish the approval
documents on the website designated by the central competent
authority, which include the water pollution control permit
(document) approved by the competent authority, documents declared
based on this Act and the ID information of environmental engineers,
dedicated wastewater treatment personnel and environmental
inspection and testing institutions.
Competent authorities at all levels may, based on the requirements
for water pollution control research, provide individual or
statistical data of enterprises, sewage systems and building sewage
treatment facilities that are related to research to academic research
agencies and organizations, environmental protection enterprises,
technical consulting organizations and juridical associations.
The central competent authority shall officially announce the
principles for the provision of such data.
Competent authorities at all levels may, when necessary, publish
the individual and statistical information of the checking and
punishing of enterprises, sewage systems, building sewage treatment
facilities, environmental engineers, dedicated wastewater treatment
personnel and environmental inspection and testing institutions on
the website designated by the central competent authority.
Article 71
The competent authority shall order the polluter to perform
clearance and disposal within a time frame for a pollution
incident on a surface water body. When the clearance and disposal
is not performed by the deadline, the competent authority may
perform clearance and disposal for the polluter and seek
compensation from the polluter for necessary clearance and disposal,
improvement and derivative expenses.
The right to seek compensation for necessary expenses of the
preceding paragraph shall take precedence over all creditor rights
and collateral rights.
Article 71-1
In order to secure the compulsory enforcement of the payment of
necessary expenses as mentioned in the preceding article and the
gained benefits from Article 66-2, the competent authority may
enforce provisional seizure and provisional seizure of debtor property.
Article 73
The severe circumstances referred in Articles 40, 43, 46, 46-1,
49, 52, 53 and 54 of the Act mean one of the following:
I. Circumstances in which a pollution source that fails to legally
register or obtain permission in violation of this Act.
II. Circumstances in which a violator, after punishment,
voluntarily reports the suspension of work and the implementation
of improvements, and verification checks prove this to be
untruthful.
III. Circumstances in which a violator, having been notified twice
within one year to make improvements within a time frame,
still continues to violate this Act.
IV. Circumstances in which an enterprise within an industrial park
that treats its wastewater or sewage through the sewage system
of the industrial park violates relevant sewer regulations and
orders and, having been notified by the sewage organization
pursuant to the Sewer Act to suspend use due to severe
circumstances, still continues to discharge wastewater or sewage.
V. Circumstances in which the competent authority determines that
a discharge of large quantities of pollutants has seriously
impacted the quality of nearby water bodies.
VI. Circumstances in which the competent authority determines that
there is concern of the endangerment of public health due to
the discharge of wastewater or sewage that contains substances
harmful to human health.
VII. Other acts that the competent authority has determined to have
seriously impacted the quality of nearby water bodies.
The competent authority shall disclose the enterprises that have been
determined to be in the severe circumstances stated in the preceding
paragraph. The competent industry or legislation authority providing
preferential treatment shall terminate the incentive and recover the
benefits to which the enterprises are originally entitled for the
year(s) in which the violation occurs and shall not entitle these
enterprises to government preferential treatment within three years
thereafter.
The term “preferential treatment” depicted in the preceding
paragraph includes industry incentive, subsidy, donation, the
reduction of tax, rent, fee and any kind of preferential treatment
providing by central or local government according to law or
administrative actions.
|