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Chapter 1 General Principles |
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Article 1 |
This Act is formulated to prevent and remediate soil and groundwater pollution, ensure the sustainable use of soil and groundwater, enhance the living environment, and protect public health. |
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Article 2 |
Terms used in this Act are defined as follows:
(1)“Soil” means the natural loose medium on the surface of the earth's crust
in which terrestrial biological organisms grow or live;
(2)“Groundwater” means the water that flows or stays under the surface of the
land;
(3)“Sediment”means substances that settle to the bottom of a surface water
body due to the force of gravity;
(4)“Soil Pollution” means the introduction into soil of substances,
biological organisms or forms of energy that alters soil quality,
impacts the normal use of the soil or endanger public health and
the living environment;
(5)“Groundwater Pollution” means the introduction into groundwater of
substances, biological organisms or forms of energy that alters groundwater
quality, impacts the normal use of the groundwater or endanger public
health and the living environment;
(6)“Sediment Pollution”means the introduction into sediment of substances,
biological organisms or forms of energy that impacts the ecological
environment of surface waters and the normal use of aquatic food or
endanger public health and the living environment;
(7)“Pollutant” means a substance, biological organism or form of energy
capable of causing soil or groundwater pollution;
(8)“Soil Pollution Monitoring Standards” means the prescribed pollutant
concentrations at which soil pollution monitoring is required for the
purpose of preventing soil pollution;
(9)“Groundwater Pollution Monitoring Standards” means the prescribed
pollutant concentrations at which groundwater pollution monitoring is
required for the purpose of preventing groundwater pollution;
(10)“Soil Pollution Control Standards” means the prescribed soil pollution
control limits to prevent and control the deterioration of soil pollution;
(11)“Groundwater Pollution Control Standards” means the prescribed
groundwater pollutant limits to prevent and control the deterioration of
groundwater pollution;
(12)“Sediment Quality Indicators”means the limits for categorized management
or restriction on use that have been prescribed in consideration of the
special characteristics of pollution movement or biological availability
and accumulation for the purpose of managing sediment quality;
(13)“Soil Pollution Remediation Goals”means the limits on pollutants set
according to the purpose of the soil pollution remediation;
(14)“Groundwater Pollution Remediation Goals”means the limits on pollutants
set according to the purpose of the groundwater pollution remediation;
(15)“Polluter” means a person causing soil or groundwater pollution through
any of the following acts:
(A) leaking or discarding of pollutants;
(B) illegally discharging or injecting pollutant;
(C) brokering or allowing the leaking, discarding, illegal discharge or
injection of pollutant;
(D) disposing pollutants against the provisions of law or regulations;
(16)“Person Potentially Responsible for Pollution” means a person who causes
pollution to accumulate in the soil or groundwater resulting in soil or
groundwater pollution due to the following actions:
(A) discharging, injecting, permeating of pollutants;
(B) permitting or consenting to the discharge of waste water into
irrigation-drainage systems or irrigation water catchment
areas;
(17)“Pollution Control Site”means a place where the source of soil or
groundwater pollution has been clearly identified and the pollutants
therein do not naturally exist in the environment but have resulted
from scouring by water, dispersal, deposition, or irrigation causing
soil or groundwater pollution that meets the control standards;
(18)“Pollution Remediation Site” means a pollution control site which has
been reviewed and publicly announced by the central competent authority
as such a ite based on its preliminary assessment that the site is
likely to seriously endanger public health and the living environment;
(19)“Interested Party of the Polluted Land”means a person who is not a
polluter of the land but is a user, administrator, or owner of the land
when the land is publicly announced a pollution control site or a
pollution remediation site.
(20)“Pollution Control Area”means an area which has been delineated according
to the scope of soil or groundwater pollution of a pollution control site
or pollution remediation site. |
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Article 3 |
The competent authority referred to in this Act means the Environmental Protection Administration, Executive Yuan, at the central government level, the municipal government in special municipalities and the county or city government in counties or cities. |
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Article 4 |
The matters designated in this Act as the responsibility of the central competent authority are as follows:
(1) Planning, prescribing, supervising and implementing national soil, sediment
and groundwater pollution prevention and remediation policies, programs and
plans;
(2) Monitoring and inspecting national soil and groundwater pollution;
(3) Prescribing, deliberating and interpreting soil, sediment and groundwater
pollution remediation laws and regulations;
(4) Supervising, directing and approving soil, sediment and groundwater
pollution prevention, monitoring and remediation works by
special municipality, county or city competent authorities;
(5) Coordinating soil, sediment and groundwater pollution remediation works
involving two or more special municipalities, counties or cities;
(6) Management of the Soil and Groundwater Pollution Remediation Fund.
(7) Certification and management of soil, sediment and groundwater testing
organizations;
(8) Soil, sediment and groundwater pollution prevention and remediation
research, development and advocacy;
(9) International cooperation, technology exchanges and personnel training
related to soil, sediment and groundwater pollution remediation;
(10) Other national soil, sediment and groundwater pollution prevention and
remediation matters. |
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Article 5 |
The matters designated in this Act as the responsibilities of special municipality, county and city competent authorities are as follows:
(1) Planning, drafting and implementation of soil, sediment and groundwater
pollution prevention and remediation action programs and plans within
its jurisdiction;
(2) Drafting and interpretation of the autonomous soil, sediment and
groundwater pollution remediation laws and regulations within its
jurisdiction;
(3) Implementation of soil and groundwater pollution prevention, monitoring and
remediation works within its jurisdiction;
(4) Soil, sediment and groundwater pollution prevention and remediation
research, development and advocacy within its jurisdiction;
(5) Special municipality, county or city soil, sediment and groundwater
pollution prevention and remediation personnel training works within
its jurisdiction;
(6) Other soil, sediment and groundwater pollution management, prevention and
remediation matter within its jurisdiction. |
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Chapter 2 Preventive Measures |
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Article 6 |
(a) Competent authorities at all levels shall regularly monitor the quality of
the soil and groundwater within their jurisdictions. When pollutant
concentrations exceed the soil pollution or groundwater pollution control
standards, the special municipality, county and city competent authorities
shall take necessary measures, investigate the party responsible for the
pollution and report to the central competent authority. When pollutant
concentrations are lower than the soil or groundwater pollution control
standards and meet soil or groundwater pollution monitoring standards, the
special municipality, county and city competent authorities shall conduct
regular monitoring, publicly announce the monitoring results and report
such results to the central competent authority for future reference.
(b) The applicable scope, items of pollutant, standard values of pollutant and
other compliance matter’s standards for soil or groundwater pollution
monitoring and control set forth in the preceding paragraph shall be
separately prescribed by the central competent authority.
(c) The authorities in charge of the relevant industries of the following zones
shall regularly test soil and groundwater quality in accordance with
pollution potentials in the area, and submit the resulting data to the
special municipality, county or city competent authority for future
reference:
(1) Industrial parks;
(2) Export processing zones;
(3) Science-based industrial parks;
(4) Environmental technology parks;
(5) Agricultural technology parks;
(6) Other specially designated zones publicly announced by the central competent authority.
(d) In the preceding paragraph, the central competent authority shall determine
regulations governing the content of data concerning soil and groundwater
quality, times of reporting, documents that must be submitted, times of
testing, and other binding matters.
(e) The industry competent authorities in charge of the following water bodies
shall regularly test sediment quality, and submit the resulting data to the
central competent authority for future reference after performing
assessment as per the comparison with sediment quality indicators, and
publicly announce the state of sediment quality:
(1) Rivers;
(2) Irrigation canals;
(3) Lakes;
(4) Reservoirs;
(5) Other specially designated surface water bodies publicly announced by
the central competent authority.
(f) The central competent authority shall prescribe classified management of
and use restrictions on the sediment quality indicators in the preceding
paragraph.
(g) Concerning the sediment quality in paragraph 5, the central competent
authority shall prescribe regulations governing its content, timing
for reports, required documents to be submitted, timing for tests, and
other compliance matters. |
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Article 7 |
(a) Competent authorities at all levels may dispatch personnel bearing
identification documents to enter public or private premises for
the following verification works and may order site user, administrator
or owner to provide related data:
(1) Investigating the status of soil, sediment or groundwater pollution,
and the sources of soil, sediment or groundwater pollutants;
(2) Sampling of soil, groundwater or relevant pollutants and
establishing groundwater monitoring wells;
(3) Collecting samples of agricultural or aquacultural products in
conjunction with the agriculture and health competent authorities.
(b) Verification works in the preceding paragraph that involve military affairs
shall be jointly conducted with local military authorities.
(c) The verification works or the order to provide data in the two preceding
paragraphs shall not be evaded, obstructed or refused.
(d) Inspection agency and its personnel shall maintain confidentiality
concerning the industrial, commercial or military secrets known in
verification works.
(e) If a competent authority at any level discovers during the course of
verification work that pollution of soil, sediment, or groundwater may
affect human health, agricultural or aquacultural production, or
drinking water sources, it may adopt necessary response measures in
accordance with Article 15, Paragraph 1; and in order to mitigate the
effect of pollution or prevent the expansion of pollution, it may
order a polluter, person potentially responsible for pollution, or
site user, administrator or owner to implement the necessary response
measures in article 15, paragraph 1, subparagraphs 3, 4, 7, and 8.
(f) The implementation of necessary response measures in the preceding
paragraph shall be completed within 12 months; when necessary, this
deadline may be extended once, but the extension shall not exceed
six months.
(g) When the necessary response measures adopted pursuant to paragraph 5
achieve the mitigation of soil or groundwater pollution, and the
local competent authority has verified that the concentrations of
soil and groundwater pollutants are under the soil or groundwater
pollution control standards, the area may not be publicly announced
as a control site. |
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Article 8 |
(a) If a land used by an enterprise officially announced by the central
competent authority is transferred, the assignor shall provide soil
pollution assessment investigation and test data, which shall be
reported to the special municipality, county, or city competent
authority for future reference.
(b) If a land assignor fails to provide relevant data as prescribed in the
preceding paragraph, when the land is officially announced as a control
site or remediation site, the assignor will have the same responsibility
as that prescribed in article 31, paragraph 1 of this Act. |
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Article 9 |
(a) When any one of the following situations exists, an enterprise officially
announced by the central competent authority shall be required to submit
site soil pollution assessment investigation and test data prior to the
action in question, and shall request the special municipality, county,
or city competent authority, or an agency commissioned by the central
competent authority, to perform review thereof:
(1) Acquisition of an enterprise establishment permission or
registration, or application for a business license, in accordance
with law;
(2) Change of business operator;
(3) Change of industry category, except that an enterprise whose
industry categories before and after the change are both belonging
to those which have been officially announced by the central
competent authority;
(4) Change of scope of operating site;
(5) Conducting, in accordance with law, the reposition of business,
cancellation of operating permit or business license, termination
of business (operation), plant (facilities) closure, or
discontinuation of production, manufacturing, or processing.
(b) Concerning soil pollution assessment investigation and test data provided
in the preceding paragraph and Paragraph 1 of the preceding article, the
central competent authority shall prescribe regulations governing the
content thereof, timing of reports, required documents to be submitted,
assessment investigation methods, timing of tests, the qualifications and
training of assessment investigation personnel, the commissioning, review
operating procedures and other compliance matters. |
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Article 10 |
(a) When, in accordance with this Act, the soil, sediment and groundwater
pollution investigation or remediation work is performed, or soil and
groundwater pollution test data are provided or submitted, except when
approved by the central competent authority, the soil, sediment and
groundwater pollutant test shall be commissioned to a testing
organization approved by the central competent authority.
(b) With regard to the testing organization in the preceding paragraph, the
central competent authority shall prescribe regulations governing the
organization's criteria, facilities, permit application, review,
issuance (replacement), revocation, and cancellation, suspension and
resumption of business, audit and evaluation procedures, instruments
and equipment, test personnel, in-service training, technical evaluation,
blind testing, test methods, quality control matters, basic quality
system guidelines, test report signing and data submission, implementation
of operations, and other compliance matters.
(c) The central competent authority shall prescribe methods and quality control
guidelines when soil, sediment and groundwater pollutant testing is
performed as prescribed in paragraph 1. |
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Article 11 |
All documents provided or submitted in accordance with this Act, including pollution control plans, pollution remediation plans, assessment investigation data, and pollution investigation and assessment plans, must be certified by a legally registered and practicing
environmental engineer, applied geological engineer, or other relevant professional engineer. |
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Chapter 3 Investigation and Assessment Measures |
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Article 12 |
(a) Competent authorities at all levels shall perform verification of sites
suspected of having soil or groundwater pollution, and shall control
pollution sources and investigate the status of environmental pollution
in accordance with relevant environmental protection laws and
regulations.
(b) If the site in the preceding paragraph has a clear source of soil or
groundwater pollution, and the concentrations of pollutants exceed
the soil or groundwater pollution control standards, the special
municipality, county, or city competent authority shall publicly
announce that it is a soil or groundwater pollution control site
(hereinafter referred to as “control site”)
(c) After the announcement of a control site, the special municipality, county,
or city competent authority shall request the land registration agency with
local jurisdiction to enter the site registration in the land register, and
shall report to the central competent authority for future reference. After
the preliminary assessment of the control site, if the site is considered
causing threat to severely endanger public health and the living
environment, the special municipality, county, or city competent authority
shall report to the central competent authority for review and approval.
If approved, the central competent authority shall publicly announce that
the site is a soil and groundwater pollution remediation site (hereinafter
referred to as“remediation site”). The special municipality, county, or
city competent authority shall add the site to its list of remediation
sites within seven days of the announcement, send the list to all township
(town, city, district) public offices and the land registration agency with
local jurisdiction for reading, and request the land registration agency to
enter the site registration in the land register.
(d) If the agriculture or health competent authority discovers that the
concentrations of pollutants in living organisms in a surface water body is
high, it shall promptly notify the special municipality, county, or city
competent authority.
(e) Upon receiving the notification in the preceding paragraph, the special
municipality, county, or city competent authority shall test the sediment,
and may order the administrator of the surface water body to perform an
assessment on the items such as environment impact, health risk,
technology, and economic effectiveness etc. When, after reviewing the
assessment results, the central competent authority is of the opinion that
remediation is necessary and feasible, a remediation plan must be drafted
and submitted to the central competent authority for approval before
remediation may be implemented. When necessary, the provisions of Article
15, Paragraph 1 may be applied mutatis mutandis.
(f) If the administrator of the surface water body does not comply with the
provisions in the preceding paragraph, the special municipality, county,
or city competent authority may handle the case in accordance with the
Administrative Execution Act provisions concerning substituted
performance.
(g) When a site is announced to be a control site or remediation site as
prescribed in paragraph 2 or paragraph 3, if sediment within the
scope of the control area is suspected of being polluted, the special
municipality, county, or city competent authority may order the
polluter or person potentially responsible for pollution to act
mutatis mutandis in accordance with the provisions of paragraph 5,
and shall implement the plan as part of the control plan or
remediation plan.
(h) If the polluter or person potentially responsible for pollution does not
comply with the provisions in the preceding paragraph, the special
municipality, county, or city competent authority may apply mutatis
mutandis as prescribed in the provisions of article 13, paragraph 2 and
article 22, paragraph 2.
(i) If the pollutants existing in the natural environment, through processes of
scouring, dispersion, deposition, or irrigation, cause the on-site
concentrations of pollutants to reach the situations prescribed in
paragraph 2, the special municipality, county, or city competent authority
shall notify the relevant industry competent authority of the test results,
and shall hold a consultation conference and perform relevant matters. When
necessary, the provisions of article 15, paragraph 1 may be applied mutatis
mutandis.
(j) With regard to a site mentioned in the preceding paragraph, the special
municipality, county, or city competent authority may perform an assessment
on the items such as environment impact, health risk, technology, and
economic effectiveness etc. If it is considered that remediation is
necessary and feasible, a remediation plan shall be drafted and implemented
after submission to the central competent authority for approval.
(k) The central competent authority shall prescribed regulations governing
criteria, calculation methods, and other compliance matters concerning
the preliminary assessment in paragraph 3.
(l) If a land announced to be a control site or remediation site in paragraph 2
or paragraph 3 undergoes land readjustment after the announcement, the land
registration agency with local jurisdiction shall notify the special
municipality, county, or city competent authority of cadastral information
following the readjustment.
(m) After the announcement of a control site or remediation site, the special
municipality, county, or city competent authority, or central competent
authority, shall invite experts, scholars, and relevant agencies all
together to help review and supervise the related investigation plan,
control plan, remediation plan, and health risk assessment and verification
tasks etc. |
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Article 13 |
(a) When a control site has not yet been announced a remediation site, the
special municipality, county, or city competent authority shall order
the polluter or person potentially responsible for pollution to complete
investigation work within six months and draft a pollution control plan,
which shall be implemented after being submitted to and receiving the
approval of the special municipality, county, or city competent
authority. The time limit to submit the pollution control plan may be
extended by application, but only for one time.
(b) If the polluter or person potentially responsible for pollution is not
clearly known or has failed to draft a pollution control plan, the special
municipality, county, or city competent authority may take appropriate
measures to effect improvement in view of its financial status and actual
site conditions. An interested party of the polluted land may draft a
pollution control plan before the special municipality, county, or city
competent authority takes appropriate improvement measures, and in
executing the plan, the provisions of the preceding paragraph may be
applied mutatis mutandis. |
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Article 14 |
(a) A remediation site polluter or person potentially responsible for pollution
must submit a soil and groundwater pollution investigation and assessment
plan within three months of notification by the special municipality,
county, or city competent authority, and must implement the plan after
approval by the special municipality, county, or city competent authority.
The time limit to execute the investigation and assessment plan may be
extended by application, but only for one time.
(b) If the remediation site polluter or person potentially responsible for
pollution is not clearly known or has failed to comply with the
provisions of the preceding paragraph, the special municipality, county,
or city competent authority may notify the interested party of the
polluted land to take actions prescribed in the preceding paragraph.
(c) If the remediation site polluter, person potentially responsible for
pollution, or interested party of the polluted land fails to comply
with the actions prescribed in the two preceding paragraphs, the special
municipality, county, or city competent authority shall investigate the
scope of soil and groundwater pollution at the remediation site, assess
the environmental impact, and report the investigation and assessment
results to the central competent authority for determination of the
cleanup priority ranking grade.
(d) If the expenses entailed by the regulations of article 12, paragraphs 5
through 10, article 13, paragraph 2, and article 15, paragraph 1,
subparagraphs 7 and 8 must be disbursed from the Soil and Groundwater
Pollution Remediation Fund, the regulations of the preceding paragraph
should be applied, and the central competent authority shall be
requested to prescribe the cleanup priority ranking grade.
(e) The central competent authority shall prescribe regulatio”cesses, items,
and other compliance matters in the two preceding paragraphs. |
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Chapter 4 Regulatory Measures |
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Article 15 |
(a) The special municipality, county, or city competent authorities with local
jurisdiction shall, according to actual circumstances at control or
remediation sites, adopt the following emergency response measures to
mitigate pollution harm or prevent pollution expansion:
(1) Order polluters to cease act, suspend business or partially or
completely suspend work;
(2) Investigate groundwater pollution circumstances pursuant to the
Water Pollution Control Act and search out persons liable for
such pollution; if necessary, inform residents to stop using the
groundwater or other polluted water sources, and restrict the digging
of wells to obtain groundwater;
(3) Furnish necessary alternative drinking water, or notify tap water
authorities to provide access to tap water supply as a priority;
(4) Erect notification signs or set up fences;
(5) Perform testing of agricultural or aquacultural products contaminated
by or suspected of being contaminated by soil pollution, in
conjunction with the agriculture and health competent authorities;
and, when necessary, control or destroy such products jointly with
the agriculture and health competent authorities, and provide
appropriate compensation for the destroyed products, or restrict the
use of agricultural land to cultivate specific crops.
(6) Evacuate residents or control people's activities;
(7) Remove or dispose of pollutants; or
(8) Take other response measures as necessary.
(b) A special municipality, county, or city competent authority may order the
polluter, person potentially responsible for pollution, or interested party
of the polluted land, or commission a third party to implement the
necessary response measures in subparagraphs 3, 4, 7, and 8 of the
preceding paragraph. |
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Article 16 |
A special municipality, county, or city competent authority shall delineate and publicly announce the soil or groundwater pollution control zone based on the situation or scope of the soil and groundwater pollution of a control or remediation site, and shall
report the soil and groundwater pollution control zone to the central competent authority for future reference; likewise in the case of changes in the situation or scope of the soil or groundwater pollution. |
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Article 17 |
(a) The following actions are prohibited within a soil or groundwater pollution
control zone, provided, however, that such actions shall not be subject to
this restriction if they are comprised as works to be executed in a
legally-approved pollution control plan, pollution remediation plan, or
other pollution improvement plan:
(1) Putting pollutants into soil.
(2) Injecting wastewater and sewage into a groundwater body.
(3) Discharging wastewater and sewage into soil.
(4) Other control activities publicly announced by the competent authority
(b) The following land use activities are prohibited within a soil and
groundwater pollution control zone, and the entry of personnel may be
restricted, except that the central competent authority has granted its
consent:
(1) Development acts prescribed in the Environmental Impact Assessment
Act.
(2) New or additional construction, alteration, renovation, or demolition
of buildings or facilities not required in a pollution control plan,
pollution remediation plan, or other pollution improvement plan.
(3) Other land use activities that have been designated by the central
competent authority as affecting the residents’health and living
environment.
(c) A special municipality, county, or city competent authority may prohibit
the drinking or use of groundwater, or utilization as a drinking water
source, within a groundwater pollution control zone. |
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Article 18 |
Special municipality, county, and city competent authorities shall jointly survey agricultural acts within pollution control zones in conjunction with agricultural and health agencies. When necessary, the special municipality, county, or city competent authority
may prohibit the growing of edible crops, the raising of poultry or livestock, and the cultivating or harvesting of edible marine animals or plants within the pollution control zone. |
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Article 19 |
(a) Those persons engaging in the excavation, backfill, temporary storage, and
transport of soil or groundwater extraction within a pollution control zone
shall submit a cleanup or pollution prevention plan to the special
municipality, county, or city competent authority, and may implement work
only after obtaining approval thereof.
(b) If the work in the preceding paragraph is to be performed by the special
municipality, county, or city competent authority, the work may be
implemented only after reporting to the central competent authority and
receiving approval thereof.
(c) The special municipality, county, or city competent authority, or central
competent authority, shall complete review within three months after
submission of the cleanup or pollution prevention plan in the two
preceding paragraphs.
(d) The cleanup or pollution prevention plan in paragraph 1 may be submitted as
part of a pollution control plan, pollution remediation plan, or other
pollution improvement plan. |
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Article 20 |
The interested party of the polluted land, land user, administrator, or owner may request compensation from the polluter for damages incurred due to the controls as provided fromarticle 17 to the preceding article. |
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Article 21 |
Special municipality, county, or city competent authorities shall request land registration agency with local jurisdiction to register prohibition of transaction against the land of a remediation site. If the auction in a compulsory execution procedure has
been implemented against such a land, the auction may be suspended. |
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Chapter 5 Remediation and Restoration Measures |
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Article 22 |
(a) A remediation site polluter or person potentially responsible for pollution
shall submit a soil or groundwater pollution remediation plan pursuant to
the investigation and assessment results in article 14 within six months
after notification by the special municipality, county, or city competent
authority, and shall implement this plan after approval by the special
municipality, county, or city competent authority. If the polluter or
person potentially responsible for pollution considers that an extension is
necessary, it shall clearly state the reasons, and submit an extension
application to the special municipality, county, or city competent
authority from 30 to 60 days before deadline. If another extension is
necessary, the applicant shall clearly state the reasons, and submit an
extension application to the central competent authority from 30 to 60
days before the expiry date of the extension. Special municipality, county,
or city competent authorities shall submit the approved remediation plan of
soil or groundwater pollution to the central competent authority for future
reference, and make public announcement of a summary of the plan and the
review conclusions.
(b) If the remediation site polluter or person potentially responsible for
pollution in the preceding paragraph is not clearly known or has failed
to comply with the provisions prescribed in the preceding paragraph,
the special municipality, county, or city competent authority may, when
necessary, draft a soil or groundwater pollution remediation plan
intended to reduce pollution and prevent threats to public health and
living environment on the basis of its financial status, technical
feasibility of remediation, the actual state of the site, the
investigation and assessment results in article 14, and the prescribed
cleanup priority ranking; the special municipality, county, or city
competent authority shall implement this plan after approval by the
central competent authority, and make public announcement of a summary
of the plan and the review conclusions.
(c) An interested party of the polluted land may submit a remediation plan
before the special municipality, county, or city competent authority
has performed the soil or groundwater pollution remediation work, and
the provisions of paragraph 1 shall apply mutatis mutandis.
(d) The implementer of a soil and groundwater pollution remediation plan may
apply for a remediation plan change in accordance with the procedures
prescribed in paragraphs 1 and 2; the special municipality, county, or
city competent authority may also change the remediation plan on its own,
or order the remediation plan implementer to do so, in view of the facts.
(e) If there are multiple polluters, persons potentially responsible for
pollution, or interested parties of the polluted land, they may jointly
submit a soil and groundwater pollution remediation plan. |
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Article 23 |
(a) Before granting the approval of a soil or groundwater pollution remediation
plan described in the previous article, competent authorities at all levels
shall display or post the soil or groundwater pollution remediation plan at
a proper place for at least fifteen (15) days.
(b) Anyone who has comments on the plans set forth in the preceding paragraph
shall submit such comments in writing to the competent authorities at all
levels within twenty (20) days after the display or posting of the plan
as prescribed in the preceding paragraph. |
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Article 24 |
(a) The soil or groundwater pollution remediation plans in article 22,
paragraphs 1 and 3 shall indicate soil or groundwater pollution remediation
goals wherein pollutant concentrations are less than soil or groundwater
pollution control standards.
(b) With regard to the soil or groundwater pollution remediation plan in the
preceding paragraph, if factors such as the geological conditions,
pollutant characteristics, or pollution remediation technologies etc.
preclude remediation to the extent that pollutant concentrations are
less than soil or groundwater pollution control standards, soil or
groundwater pollution remediation goals based on environmental impact and
health risk assessment results may be submitted after requesting and
obtaining the central competent authority’s approval.
(c) When drafting a soil or groundwater pollution remediation plan pursuant to
article 22, paragraph 2, a special municipality, county, or city competent
authority may submit soil or groundwater pollution remediation goals
wherein pollutant concentrations are less than soil or groundwater
pollution control standards; or may submit a environmental impact and
health risk assessment on the basis of financial and environmental
circumstances, submit soil and groundwater pollution remediation goals in
accordance with assessment results, and additionally draft a soil or
groundwater pollution control plan, which shall be implemented mutatis
mutandis pursuant to the provisions of article 22 paragraphs 2 and 4.
(d) When remediation site land is to be used in conjunction with land
development, the central competent authority may approve the soil and
groundwater pollution remediation goals in consultation with relevant
agencies. The development use method of the remediation site land may
not be changed after approval of the remediation goals. Any changes
in development use may be implemented only after requesting and obtaining
the approval of the central competent authority in consultation with
relevant agencies, and changing the development use plan in accordance
with other laws and regulations. If changes are made to the development
use when the remediation sites pollutant concentrations are less than
those in the approved remediation goals, and control or regulatory
listing has been cancelled, the special municipality, county, or city
competent authority shall perform a preliminary assessment of the site,
and the case shall be handled as prescribed in article 12.
(e) Competent authorities must hold public hearings before approving
remediation plans containing goals that are not less than control
standards.
(f) In the preceding paragraph, the central competent authority shall prescribe
hearing holding procedures and relevant compliance matters.
(g) When approving a soil or groundwater pollution remediation plan in
accordance with paragraphs 2 and 4, competent authority may, in accordance
with the state of the environment, order the remediation plan implementer
to submit risk management methods and a soil or groundwater pollution
control plan; following the procedures prescribed in article 22, the plan
shall be implemented after approval by the competent authority.
(h) In the environmental impact and health risk assessment in paragraphs 2 and
3, central competent authority shall prescribe regulations governing
hazard evaluation, dose-response assessment, exposure assessment,
description of risk characteristics, and other compliance matters. |
|
Article 25 |
The polluters, person potentially responsible for pollution, interested parties of the polluted land or the user, administrator, or owner of the land within the soil pollution or groundwater pollution control area shall cooperate with the implementation of
soil pollution or groundwater pollution remediation or control plans. Competent authorities at all levels may dispatch personnel bearing identification documents to the site to investigate or order the production of any necessary materials; evasion, obstruction,
or refusal is prohibited. |
|
Article 26 |
(a) If the concentrations of soil or groundwater pollutants at a control site
or remediation site are less than the control standards due to adoption
of appropriate measures or implementation of a control plan or remediation
plan, the adopter of appropriate measures or plan implementer shall
request the special municipality, county, or city competent authority, or
central competent authority, to grant approval thereof.
(b) The following matters shall be performed after the special municipality,
county, or city competent authority, or central competent authority,
grants its approval:
(1) publicly announce the cancellation of the control or regulatory
listing of the control site or remediation site implemented
pursuant to article 12, paragraphs 2 and 3, and cancellation of
public reading.
(2) publicly announce the removal or modification of the delineation of
the soil pollution or groundwater pollution control area as set
forth in article 16; and
(3) request the land registration agency with local jurisdiction to revoke
the control site or remediation site registration implemented pursuant
to article 12, paragraph 3 and registration of prohibition of
transactions regarding the land implemented pursuant to article 21.
(c) When publicly announcing the cancellation of control over a control site,
remediation site, or soil or groundwater pollution control zone in the
preceding paragraph, the special municipality, county, or city competent
authority shall report to the central competent authority for future
reference.
(d) For land that has been remediated, land use industry competent authorities
shall carry out land use restoration matters in accordance with actual
land use needs. |
|
Article 27 |
(a) When competent authorities at all levels perform site verification pursuant
to article 12, paragraph 1, if the sites groundwater pollutant
concentrations meet groundwater pollution control standards, but the
pollution source is unclear, the competent authorities shall make public
announcement of a delineated groundwater pollution use restriction zone and
the restricted items, and shall adopt necessary response measures pursuant
to article 15, and apply mutatis mutandis the provisions of article 25 in
the implementation thereof.
(b) If, following preliminary assessment by the special municipality, county,
or city competent authority, a site in the preceding paragraph is
suspected of posing a severe threat to public health and living
environment, the competent authority shall apply mutatis mutandis the
provisions of article 14, article 15, and articles 22 through 26
governing remediation sites. |
|
Chapter 6 Financing and Responsibility |
|
Article 28 |
(a) The central competent authority may, for the purpose of remediating soil or
groundwater pollution, levy soil and groundwater pollution remediation
fees on manufacturers and importers as per the amounts of publicly
announced substances manufactured and imported by such enterprises, and
shall establish a Soil and Groundwater Pollution Remediation Fund.
(b) Concerning the soil and groundwater pollution remediation fees mentioned in
the preceding paragraph, the central competent authority shall prescribe
regulations governing categories of substances for which such fees may be
levied, its calculation methods, payment procedures, payment deadlines, the
commissioning of professional organizations to perform audits, and other
compliance matters.
(c) The fund in the first paragraph shall be used for the following purposes:
(1) expenditures made by competent authorities at all levels for
verification, adoption of necessary response measures, supervision,
and plan determination, review, investigation, assessment,
implementation, and change pursuant to article 7, paragraphs 1 and
5; article 12, paragraph 1, paragraphs 5, 6, 8 through 10, and 13;
article 13, paragraphs 1 and 2;article 14, paragraphs 1 and 3;
article 15;article 22, paragraphs 1, 2, and 4;article 24, paragraphs
3 through 5; and article 27, paragraphs 1 and 2.
(2) the funds claims for compensation and legal expenses.
(3) the funds personnel and administrative management expenses, personnel
expenses incurred by soil or groundwater pollution prevention and
remediation work.
(4) expense of soil and groundwater pollution control work performed by
competent authorities at all levels.
(5) expense of audit of soil or groundwater pollution verification and
implementation effectiveness.
(6) expense of international environmental protection work involving soil
or groundwater pollution.
(7) expense of audits of soil or groundwater quality monitoring and
implementation effectiveness.
(8) expense of levying soil or groundwater pollution remediation fees.
(9) expense of soil or groundwater pollution health risk assessment and
management.
(10) expense of researching, promoting, developing, and creating
incentives for soil or groundwater pollution remediation technology.
(11) matters concerning subsidies for soil or groundwater pollution
prevention work.
(12) to cover other costs in connection with soil pollution or
groundwater pollution remediation approved by the central competent
authority.
(d) Concerning the fund in the preceding paragraph, the central competent
authority shall prescribe regulations governing recipients of the Fund’s
incentives and subsidies, application qualifications, review procedures,
cancellation, revocation, or demand for recession of incentives and
subsidies and other compliance matters.
(e) The central competent authority may dispatch personnel bearing
identification documents to enter into a factory (site) or business
premise belonging to a payer of soil and groundwater pollution remediation
fees to conduct relevant audit tasks or order the payer to provide
necessary data. The payer shall not evade, obstruct, or reject such orders. |
|
Article 29 |
The funds of the Soil and Groundwater Pollution Remediation Fund shall be derived from the following:
(1) revenue from collection of soil and groundwater pollution remediation fees;
(2) the amounts paid by polluters, persons potentially responsible for
pollution, and interested parties of the polluted land pursuant to
articles 43 and 44.
(3) payments from land developers pursuant to paragraph 3 of article 51;
(4) interests generated from the Fund;
(5) funds appropriated through the budget process as prescribed by the central
competent authority;
(6) funds from the partial appropriation of relevant environmental protection
funds;
(7) funds from the partial appropriation of criminal and administrative fines
for environmental pollution; and
(8) other related incomes. |
|
Article 30 |
(a) after referred to as Management Committee) shall be established to bear
responsibility for fund management and use. The Management Committee
may establish work and technical units to meet the following needs:
(1) remediation site review pursuant to paragraph 3 of article 12;
(2) assessment and cleanup grading work pursuant to article 14 or
article 27;
(3) review of expenses and costs for necessary response measures;
(4) review and approval of pollution remediation plan or remediation
goals pursuant to article 22, article 24, or article 27.
(5) other relevant matters regarding the review of appropriations
from the Fund.
(b) The Management Committee in the preceding paragraph shall have members, who
shall be appointed for a period of two years. Experts and scholars shall
account for no less than two-thirds of the total number of committee
members. During their period of appointment and for three years after the
end of their period of appointment, committee members must avoid
undertaking work related to the soil and groundwater pollution remediation
matters they have reviewed during their period of appointment. A committee
member’s spouse, lineal blood relatives, and collateral blood relative
within the third generations shall avoid undertaking work related to the
soil and groundwater pollution remediation matters the committee member
has reviewed during his/her period of appointment. |
|
Article 31 |
(a) If an interested party of the polluted land fails to demonstrate due
diligence as a good manager, that party shall bear responsibility
for expenditures made by competent authorities at all levels pursuant
to article 13, paragraph 2; article 14, paragraph 3; article 15;
article 22, paragraphs 2 and 4; and article 24, paragraph 3, and the
polluter and person potentially responsible for pollution shall bear
payment responsibility jointly and severally.
(b) The interested party of the polluted land may seek compensation for the
payment pursuant to the preceding paragraph, article 14, paragraph 2
and article 22, paragraph 3 from the polluter and the person
potentially responsible for pollution.
(c) The person potentially responsible for pollution may seek compensation
for the expenditures in the preceding paragraph from the polluter.
(d) Concerning the due diligence as a good manager of an interested party
of the polluted land provided in paragraph 1, the central competent
authority shall prescribe guidelines for determining criteria,
important notes, management measures, and other relevant matters. |
|
Chapter 7 Penal Provisions |
|
Article 32 |
Any person who violates the provisions in article 7, paragraph 5 by not adopting necessary response measures, or whoever fails to comply with orders given by a special municipality, county, or city competent authority pursuant to article 15, paragraph 1, subparagraph
1 and paragraph 2, thereby causing human death, shall be sentenced to life imprisonment or imprisonment not less than seven years; in addition thereto, a fine of not more than NT$5 million may be imposed; whoever causes severe injury shall be sentenced to
imprisonment not less than three years but not more than ten years; in addition thereto, a fine of not more than NT$3 million may be imposed. |
|
Article 33 |
(a) Any person who pollutes the soil deliberately with the intention to change
the classification of land use shall be sentenced to imprisonment not less
than one year but not more than five years; in addition thereto, a fine of
not more than NT$1 million may be imposed.
(b) Any person who pollutes the soil or groundwater deliberately, causing the
land to become a pollution control site or remediation site, shall be
sentenced to imprisonment not less than one year but not more than five
years.
(c) A person who commits the violations in the preceding two paragraphs,
thereby causing human death, shall be sentenced to life imprisonment or
imprisonment not less than seven years; in addition thereto, a fine of not
more than NT$5 million may be imposed; whoever causes severe injury shall
be sentenced to imprisonment not less than three years but not more than
ten years; in addition thereto, a fine of not more than NT$3 million may
be imposed. |
|
Article 34 |
(a) Any of the polluters, persons potentially responsible for pollution,
interested parties of the polluted land, practitioners of testing
organizations, and assessment and investigation personnel provided
in articles 8 and 9 who makes false entry in the document prepared
pursuant to this Act shall be sentenced to imprisonment for not more
than three years, detention for work; in lieu thereof, or in addition
thereto, a fine not more than NT$1 million may be imposed.
(b) Any responsible person of the industries publicly announced by the central
competent authority, who provides or submits soil pollution assessment
and investigation data with false entry pursuant to articles 8 and 9 shall
be sentenced to a fine not more than NT$1 million may be imposed. |
|
Article 35 |
Any person who fails to comply with the order of a special municipality, county, or city competent authority given pursuant to article 15, paragraph 1, subparagraph 1 shall be sentenced to imprisonment for not more than one year, detention for work; in lieu
thereof, or in addition thereto, a fine not more than NT$300,000 may be imposed. |
|
Article 36 |
Any person who is a responsible person of a juridical person, or an agent, employee or other practitioner of a juridical person or natural person, violates, due to the performance of business activities, any crime as provided from article 32 to the preceding
article, except that the violator shall be sentenced pursuant to the provisions of each article violated, the said juridical person or natural person shall also be sentenced a fine pursuant to the provisions of each article violated. |
|
Article 37 |
Any of the polluters or persons potentially responsible for pollution who violates the provisions of article 12, paragraph 7, article 13, paragraph 1, article 22, paragraphs 1 or 4, or article 24, paragraph 7 by failing to submit a control plan or remediation
plan shall be fined NT$1 million to NT$5 million and shall be notified to make correction or improvement within a time limit; whoever has still failed to make correction or improvement by the expiration date shall be fined per violation. |
|
Article 38 |
(a) Any person who has one of the following circumstances shall be fined
NT$200,000 to NT$1,000,000 and may be fined per violation:
(1) evasion, obstruction, or rejection of the verification, audit,
order, or matters in which they must cooperate, implemented
pursuant to article 7, paragraph 1, article 25, or article 28,
paragraph 5.
(2) failure to comply with orders given by a competent authority at
any level pursuant to article 7, paragraph 5 or article 15,
paragraph 2.
(b) Any person who has one of the following circumstances shall be fined
NT$200,000 to NT$1,000,000, and shall be notified to make correction
within a time limit; whoever has still failed to make correction by
the expiration date shall be fined per violation:
(1) A polluter or person potentially responsible for pollution fails
to submit or implement a soil or groundwater pollution
investigation and assessment plan pursuant to article 14,
paragraph 1.
(2) A polluter or person potentially responsible for pollution
sends a control plan or remediation plan to a special municipality,
county, or city competent authority for review pursuant to article
13, paragraph 1 or article 22, paragraph 1, but fails to complete
correction by the expiration date after being notified in writing
by the special municipality, county, or city competent authority
for three times to make corrections.
(3) The implementer of a control plan or remediation plan fails to
implement the content of the control plan or remediation plan
approved by the competent authority pursuant to article 13,
article 22, paragraphs 1 or 3, or article 24, paragraph 5.
|
|
Article 39 |
Any person who fails to pay fees by the expiration date pursuant to the fee collection regulations prescribed under article 28, paragraph 2 shall pay, in addition to said fees, interest that shall accrue daily based on the fixed annual interest rate for a one-year
time deposit with the Postal Savings on the day of the payment deadline; any person who has still failed to make payments within 90 days after the payment deadline shall be fined NT$200,000 to NT$1 million. |
|
Article 40 |
(a) An assignor who violates the provisions of article 8, paragraph 1 by
failing to report for future reference, or an industry, which is
publicly announced by the central competent authority, fails to comply
with the provisions of article 9, paragraph 1 shall be fined
NT$150,000 to NT$750,000, and shall be notified to make corrections
within a time limit; whoever has still failed to make corrections by
the deadline shall be fined per violation.
(b) A polluter, person potentially responsible for pollution, or interested
party of the polluted land who violates the provisions of article 17 or
article 18 shall be fined NT$150,000 to NT$750,000, and shall be
notified to make improvement within a time limit; whoever has still
failed to make improvement by the deadline shall be fined per violation;
in severe circumstances, orders may be issued for the suspension of
activities, the suspension of work, or the suspension of business. When
necessary, orders may also be issued for the termination of business.
(c) A polluter whose actions cause land to be publicly announced a pollution
remediation site shall be fined NT$150,000 to NT$750,000, the polluter’s
personal name or company name shall be publicly announced, and the
polluter shall receive four hours of lessons concerning relevant
regulations of this Act and environmental education. |
|
Article 41 |
(a) Any person who has one of the following circumstances shall be fined
NT$100,000 to NT$500,000 and shall be notified to make improvement within
a time limit; whoever has still failed to make improvement by the deadline
shall be fined per violation; in severe circumstances, orders may be issued
for the suspension of activities, the suspension of work, or the suspension
of business, and when necessary, the competent authority may issue orders
for the termination of business:
(1) A person who is not a polluter, person potentially responsible for
pollution, or interested party of the polluted land violates the
provisions of article 17 or article 18.
(2) Any person who violates the restricted matters concerning a polluted
groundwater use restriction zone publicly announced pursuant to
article 27, paragraph 1.
(b) Any person who fails to submit a cleanup or pollution prevention plan to
the special municipality, county, or city competent authority for approval
pursuant to article 19, paragraph 1 shall be fined NT$100,000 to
NT$500,000 and shall be notified to make corrections within a time limit;
whoever has still failed to make correction by the deadline shall be
fined per violation.
(c) Any person who has one of the following circumstances shall be fined
NT$100,000 to NT$500,000:
(1) A polluter's acts, though not causing the public announcement of a
remediation site, but have caused the land publicly announced a
pollution control site.
(2) An interested party of the polluted land fails to demonstrate due
diligence as a good manager and causes land to be publicly
announced a pollution remediation site.
(d) The special municipality, county, or city competent authority shall
publicly announce the personal name or company name of the polluter in
the first subparagraph of the preceding paragraph, and shall order the
polluter to receive four hours of lessons concerning relevant
regulations of this Act and environmental education. |
|
Article 42 |
(a) Any person who has one of the following circumstances shall be fined
NT$50,000 to NT$250,000.
(1) violation of regulations prescribed pursuant to article 10,
paragraph 2 concerning instruments and equipment, test personnel,
in-service training, technical evaluation, blind testing, test
methods, quality control matters, basic quality system
guidelines, test report signing, data submission, and performance
of business.
(2) failure to implement in accordance with a cleanup or pollution
prevention plan approved pursuant to article 19, paragraph 1.
(3) an interested party failing to demonstrate due diligence as a good
manager and causes the land to be publicly announced a control site,
though not publicly announced a remediation site.
(b) When a testing organization violates the provisions in the first
subparagraph of the preceding paragraph, the central competent
authority may order the organization to make improvement within a time
limit, whichever has still failed to make improvement by the deadline
shall be fined per violation; in severe circumstances, the organization’s
permit may cancelled or revoked.
(c) A polluter who violates the provisions of article 40, paragraph 3 or
article 41, paragraph 4 by failing to receive lessons shall be fined
NT$50,000 to NT$250,000; a polluter who still fails to receive lessons
after further notification may be fined per violation until
participation in the lessons. |
|
Article 43 |
(a) The special municipality, county, or city competent authority may set a
time limit and order a polluter or a person potentially responsible
pollution to pay the expenditures disbursed pursuant to the provisions
in article 12 paragraph 8, article 13 paragraph 2, article 14
paragraph 3, article 15, article 22 paragraphs 2 and 4, and article 24
paragraph 3; the amount a person potentially responsible pollution
shall pay is one half of the expenditures disbursed pursuant to the
above-mentioned provisions.
(b) Concerning the expenditures made by a person potentially responsible
for pollution when implementing the provisions of article 12
paragraph 7, article 13 paragraph 1, article 14 paragraph 1,
article 15, and article 22 paragraph 1, an application with attached
receipts of expenditures may be made by such a person to the central
competent authority for reimbursement of one half of expenditures
after completion of the implementation.
(c) If a polluter or person potentially responsible for pollution is a
corporate organization, the special municipality, county, or city
competent authority may order the statutory responsible person, or
company or shareholder holding a majority of the organization’s
total capital or total outstanding shares with voting rights, or
directly or indirectly controlling the organization’s personnel
affairs, financial affairs, or business operations, to pay the
expenditures in the two preceding paragraphs within a time limit;
likewise in circumstances where the polluter or person potentially
responsible for pollution has ceased to exist due to merger,
split-up, or other reasons.
(d) In the preceding paragraph, if the statutory responsible person of
the polluter or person potentially responsible for pollution, or
company or shareholder holding a majority of the organization’s
total capital or total outstanding shares with voting rights, or
directly or indirectly controlling the organizations personnel
affairs, financial affairs, or business operations is actually
responsible for making decisions concerning pollution acts, the
polluter or person potentially responsible for pollution may seek
compensation from the statutory responsible person, company, or
shareholder for the expenditures in paragraph 1.
(e) If the expenditures that shall be paid by the statutory responsible person,
company, or shareholder pursuant to paragraphs 1 and 3, and for which the
polluter or person potentially responsible for pollution shall bear
responsibility pursuant to paragraph 3, have not been paid by the deadline,
an overdue charge, which shall be accrued at a rate of 0.5% of the overdue
amount for each day the payment is overdue, shall be paid together with the
overdue payment; those that have still failed to pay the expenditures 30
days after the deadline shall be fined NT$200,000 to NT$1 million, which
shall be paid into the Soil and Groundwater Pollution Remediation Fund
within a time limit.
(f) Concerning the disbursement of necessary response measure’s expenditures
as provided in article 7, paragraph 5, a special municipality, county, or
city competent authority may, by applying, mutatis mutandis, the
provisions of paragraphs 1 and 5, order a polluter, person potentially
responsible for pollution, or statutory responsible person, company or
shareholder, site user, administrator, or owner, who are responsible
pursuant to paragraph 3, to effect payment thereof within a time limit.
(g) A site user, administrator, or owner may seek compensation, jointly and
severally, from the polluter or person potentially responsible for
pollution for the expenditures in the preceding paragraph.
(h) A person potentially responsible for pollution may seek compensation, after
payment, from the polluter for the expenditures as provided in
paragraphs 1, 6, and 7.
(i) When multiple persons are responsible for payment of the expenditures in
paragraphs 1, 3, and 6, such persons shall bear joint and several
responsibilities for the payment thereof. |
|
Article 44 |
When an interested party of the polluted land fails to pay expenses pursuant to article 31, paragraph 1, and does not pay before the deadline after being notified by the special municipality, county, or city competent authority to make payment within a time
limit, an overdue fine, which shall be accrued at a rate of 0.5% of the overdue amount for each day the payment of the expenditures is overdue, shall be paid together with the overdue expenses; those that have still failed to pay the expenses 30 days after
the deadline shall be fined NT$200,000 to NT$1 million, which shall be paid into the Soil and Groundwater Pollution Remediation Fund within a time limit. |
|
Article 45 |
In order to secure the compulsory execution of the payment of necessary expenditures in the two preceding paragraphs, the special municipality, county, or city competent authority may, after a payment order has been served on the polluter, person potentially
responsible for pollution, interested party of the polluted land, site user, administrator, or owner, notify the relevant agency not to transfer ownership or establish other rights over the land within the scope of the property for which expenditures shall
be paid. If that party is a profit seeking enterprise, the special municipality, county, or city competent authority may notify the industry competent authority to restrict the enterprise’s divestment or cancellation registration. |
|
Article 46 |
Unless other provisions of this Act shall apply, the penalties provided in to this Act shall be imposed by the Environmental Protection Administration, Executive Yuan, at the central government level, the municipal government in special municipalities and the
county or city government in counties and cities. |
|
Article 47 |
(a) The competent authority shall enforce the suspension of work, suspension of
business, suspension of activities and cancellation or revocation of
permits in this Act; the industry competent authority, following
notification by the competent authority, shall enforce orders for the
termination of business.
(b) Those enterprises that have been ordered by the competent authority to
suspend business or partially or completely suspend work pursuant to this
Act shall, prior to the resumption of business or work, shall apply to the
competent authority by submitting improvement completion verification
documents or documents designated by the competent authority to the
competent authority; work or operations may be resumed only after the
review by competent authority and obtaining approval thereof. |
|
Chapter 8 Supplementary Provisions |
|
Article 48 |
Each industry competent authority shall provide guidance to enterprises on the prevention and remediation of soil and groundwater pollution. |
|
Article 49 |
The fees that shall be paid pursuant to articles 43 or 44 shall have priority over all creditor’s rights and mortgage rights. |
|
Article 50 |
Before a polluter or person potentially responsible for pollution, interested party of the polluted land, site user, administrator, or owner is declared bankrupt or adjudicated by court to undergo corporate reorganization, expenditures that shall be paid pursuant
to articles 43 or 44 shall be deemed due bankruptcy creditor’s rights or reorganization creditor’s rights at the time of bankruptcy declaration or corporate reorganization ruling. |
|
Article 51 |
(a) The zoning of use or category of land belonging to the polluter, person
potentially responsible for pollution, or interested party within the
pollution control zone of a remediation site may not be changed, and
the land may not be used for any purpose violating control items of the
soil and groundwater pollution control zone.
(b) When the land development plan to be implemented by a land developer in
accordance with other laws and regulations involves polluted land on a
soil and groundwater pollution remediation site, the land development
plan may be submitted concurrently with the soil and groundwater
pollution remediation plan in article 22, and shall be reviewed in
accordance with relevant laws and regulations; implementation of the
land development plan may begin only after its deletion from
regulatory list of the soil and groundwater pollution remediation site
has been publicly announced.
(c) Before its deletion from regulatory list of the soil and groundwater
pollution remediation sites has been publicly announced as provided in
the preceding paragraph, and the land development plan is to be
implemented, the land developer shall pay 30% of the present value of
the original polluted area of the remediation site into the Soil and
Groundwater Pollution Remediation Fund, where the present value is
calculated by adding 40% to the publicly announced present value of
the land for the current year after the change of the land, provided
however, that if the land developer had already submitted and
completed a remediation plan prior to the day the special municipality,
county, or city competent authority submitted a remediation plan, the
case shall not be subject to this restriction. |
|
Article 52 |
(a) When soil and groundwater pollution causes a third party to suffer damage,
and there are multiple polluters or persons potentially responsible for
pollution, the polluter or persons potentially responsible for pollution
shall have joint and several liability for compensating damages; likewise,
in the case of an interested party of the polluted land who has committed
gross negligence.
(b) An interested party of the polluted land who has paid compensation for
damages pursuant to preceding paragraph shall have the right to seek
compensation from the polluter or person potentially responsible for
pollution. |
|
Article 53 |
Articles 7, 12 to 15, 22, 24, 25, 37, 38 and 43 paragraphs 1 to 3, 5,7 to 9 of the Act shall apply to the liability of polluters, persons potentially responsible for pollution, controlling companies or shareholders holding a majority of the company’s total
outstanding shares in the case that the soil or groundwater pollution has occurred prior to the effective date of this Act. |
|
Article 54 |
(a) When a public or private premise violates this Act or a regulation
prescribed pursuant to the authorization of this Act and the competent
authority is negligent in enforcement thereof, victims or public
interest groups may notify the competent authority in writing stating
the specific contents of the negligence in enforcement. When a
competent authority has failed to carry out enforcement in accordance
with the law within sixty days after receipt of the written notification,
the victims or public interest groups may designate the competent
authority at issue as a defendant and file a lawsuit directly with an
administrative court based on the negligent behavior of the competent
authority in the execution of its duties in order to seek a judgment
ordering the competent authority to carry out enforcement.
(b) When rendering a judgment on the lawsuit in the preceding paragraph, the
administrative court pursuant to its authority may order the defendant
agency to pay the appropriate lawyer fees, detection and appraisal fees,
and other litigation costs to plaintiffs that have made specific
contributions to soil or groundwater pollution remediation.
(c) The central competent authority shall prescribe the format of the
written notification in paragraph 1. |
|
Article 55 |
The central competent authority shall prescribe the standards of fees collected by competent authorities at all levels pursuant to this Act. |
|
Article 56 |
The central competent authority shall prescribe the enforcement rules of this Act. |
|
Article 57 |
Except article 11, which shall take effect one year after the promulgation of this Act, the remainder of this Act shall take effect on the date of promulgation. |
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