For the enterprises defined in Subparagraph 2 of Article 28 of the Act and required to have waste disposal technicians as specified and announced by the central competent authorities, if they have adopted the following subsections management measures in entrusting waste clearance, they shall be considered to have exercised their reasonable due care:
1. The enterprises defined in Article 31 of the Act and specified as well as announced by the central the central competent authority attach an industrial waste clearance plan and go online to declare the waste clearance destination and honestly report actual waste clearance status.
2. The waste is classified and stored in accordance with the Method and Facilities Standards for Storage, Clearance and Disposal of Industrial Waste prior to being entrusted for clearance.
3. When signing a written contract for entrusting waste clearance in accordance with Article 28 or 39 of the Act, the following items are checked and confirmed:
(1) The qualification acquired by the entrusted enterprise by law for clearance of the waste - for the waste which shall be re-used as stipulated by the central competent authority or central industry competent authority, the approval of an industrial waste disposal plan of the re-use registration inspection information for the re-used waste category is recorded.
(2) After completing the waste clearance, the entrusted enterprise stated in the contract submits a written document for the record of proper clearance (the form is as per attachment 1)
(3) When entrusting clearance of the waste covered in attachment 2, the entrusted enterprise stated in the contract is in cooperation with entrusting enterprise’s check of the waste clearance status.
4. The entitites that self-clear waste and dispose of it or reuse organizations or facilities have cleared the waste with their own vehicles or employees, or rented the business vehicles from legally registered transportation firms, in which the enterprise’s personnel escorting the waste in the vehicle shall bring the certificate documents with them.
5. Having established the enterprise internal self-check and audit waste system;
(1) Quarterly routine check and audit.
(2) Making out the check and audit record.
(3) Tracking the defect improvement status, and including it in the main points of the self-check and audit.
6. Having checked the entrusted enterprises receiving the waste listed in attachment 2 at least once a year to understand their operation management regarding waste storage, clearance, disposal and reuse, and having recorded the details. But not including publicly-owned and operated, publicly-owned and privately operated general waste incinerators.
7. The check and audit records specified in item (2) of Subparagraph 5 and the check records specified in Subparagraph 6 shall be reported to the person in charge of the enterprise or its authorized person, and the responsible person or his authorized person shall confirm the report on the date of signature and annotation or by electronic signature. Records and reports shall be properly retained for five years.
8. Having reported to the competent authority of the municipality or county (city) where the entrusted enterprise is located in case the entrust enterprise has any of the following circumstances.
(1) Failure in submitting the written document for the record of proper clearance in accordance with item (2) of Subparagraph 3.
(2) Failure in cooperation with the entrusting enterprise to check the waste clearance status in accordance with Item (3) of Subparagraph 3.
(3) Inconsistence of the vehicles clearing industrial waste with the contract.
(4) Failure in complying with the Act to store, clear, dispose of and reuse waste, and likely to dump the waste or pollute the environment.