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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 05:09
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Chapter Law Content

Chapter 10-1 Plan for Implementing Liquor and Fiber Digestate as Fertilizer for Farmlands (not for livestock enterprises less than 200 herds)
Article 70-1
For using liquor and fiber digestate as fertilizer for farmland, present the plan of using liquor and fiber digestate as fertilizer for farmland (hereinafter referred to as the “Liquor and fiber digestate using as fertilizer for farmland plan”) to the competent authority of agriculture for application. Upon approval, report to the competent authority of the municipality or county (city) for reference filing and proceed in accordance with the content of registration. The following requirements shall be satisfied when using liquor and fiber digestate as fertilizer for farmland:
1. The facility for anaerobic fermentation of animal excreta shall be able to accommodate the methane generated and at least 10 days shall be allowed for the anaerobic fermentation of livestock enterprises keeping non-herbivore and at least 5 days for livestock enterprises keeping herbivore, with routine tracking of the excretion of liquor and fiber digestate. The competent authority of agriculture may determine the number of days for anaerobic fermentation on separate basis after reviewing the result and the number of days for anaerobic fermentation so determined shall prevail.
2. The fertilized farmland is not owned by the users of liquor and fiber digestate as fertilizer. The users shall enter into an agreement of a statement of consent with the owner of the fertilized farmland, the managers, or the users on the joint pursuit of the plan of using liquor and fiber digestate as fertilizer for farmland.
3. The liquor and fiber digestate shall be fully diffused into soil 1 hour after applying and no residual liquor shall be left on the surface of farmland except the aforementioned fertilizer is mixed with irrigation water for furrow or flood irrigation
4. Liquor and fiber digestate generated from aeration after anaerobic fermentation could be used for irrigation of farmland with full quantity as fertilizer in which case a buffer quantity shall be reserved in response to the period of suspended irrigation. The buffer quantity shall be sufficient for at least 10 days of irrigation and could be supplied from the anaerobic fermentation facility, aeration facility (only for a repeated process of aeration) or other storage facility. If the quantity of out from anaerobic fermentation exceeds the limit specified in Subparagraph 1, include as buffer quantity.
In reviewing the plan of using liquor and fiber digestate as fertilizer for farmland, the competent authority of agriculture shall invite the competent authority of environmental protection of the municipality or county (city) to take part in the review. Where necessary, an on-site inspection and study shall be taken. The following items shall be subject to review in the inspection of the quality of the liquor and fiber digestate:
1. The total quantity of liquor and fiber digestate for irrigation in unit area;
2. The anaerobic fermentation facility, aeration facility (only for a repeated process of aeration), storage facility and the design capacity of the facilities;
3. The frequency of the output of liquor and fiber digestate, and the method of transportation or delivery;
4. The site and the area of the farmland for irrigation.
Article 70-2
Those that implement liquor and fiber digestate as fertilizer for farmlands shall submit the following contents and documents of the plan for implementing liquor and fiber digestate as fertilizer for farmlands to competent authority of agriculture for review:
1. For livestock enterprises, a photocopy of livestock ranch registration certificate or animal raising registration certificate; for operators of livestock excrements resource treatment center (or biogas recycling center), photocopies of relevant permit, registration, license or other supporting documents issued by its industry competent authority;
2. Liquor and fiber digestate test report, which shall include the data of hydrogen ion concentration index, electric conductivity, total nitrogen, total phosphorous, copper, zinc, etc.;
3. The document(s) that proves the ownership of fertilized farmland; in case that the fertilized farmland is not owned by those that implement liquor and fiber digestate as fertilizer for farmlands, those concerned shall provide the photocopy of the contract or agreement for the plan for implementing liquor and fiber digestate as fertilizer for farmlands jointly signed by and between the owner of the fertilized farmland and the manager or user;
4. The land number of the fertilized farmland, a photocopy of land registration transcript, the size of planting, and the type of crops planted;
5. The test report on the water quality background values of the groundwater at the area of the fertilized farmland, which shall include electric conductivity, ammonia nitrogen (NH4+-N), nitrate nitrogen, etc., and the coordinates of groundwater well(s); the groundwater well(s) may be the dug well(s) or groundwater water monitoring well(s) located in the area of fertilized farmland;
6. The test report on the soil quality background values of the fertilized farmland, which shall include conductivity of extracted fluids from saturated soil, copper, zinc and soil texture, and the locations where samples are taken shall be marked on a map included in the report;
7. The method and route used for the transportation (shipping) of liquor and fiber digestate;
8. The fertilization operation, which shall include quantity of liquor and fiber digestate to be applied, the method and frequency of application, purpose, format of fertilization record and measure(s) to be taken in the event of suspended application of liquor and fiber digestate for farmland fertilization;
9. The commitment to monitor the quality of groundwater and soil; the items to be monitored are the same as those in the groundwater and soil quality background value test reports mentioned in Subparagraphs 5 and 6 above, except the soil texture. The frequency of monitoring shall be determined pursuant to Table 4.
Provided that any of the following occurs in the monitoring of groundwater and soil quality as mentioned in Subparagraphs 5, 6 and 9 in foregoing paragraph, the respective requirements shall be observed:
1. When the groundwater ammonia nitrogen in fertilized farmland reaches to the groundwater pollution monitoring standards, the groundwater background value at the upstream and downstream range of fertilized farmland shall be monitored.
2. If the flow direction of groundwater in fertilized farmland is not clear, or the groundwater level of the dug well located in the area of fertilized farmland is too low and indicating the shortage, the monitoring data of monitoring well of the nearby environmental protection competent authority, water conservancy competent authority, local farm irrigation association or experts may be taken as supporting data.
3. For the same user implementing liquor and fiber digestate as fertilizer for farmland and applying them to more than two neighboring farmlands, the groundwater quality thereof may be determined by one of the monitoring value of the fertilized farmland; for soil quality, the mixture of individual soil samples in individual irrigation area may represent the average soil concentration value of such area.
Those that implement liquor and fiber digestate as fertilizer shall submit groundwater and soil quality test report to competent authority of agriculture and local environmental protection competent authority for reference within one month after finishing it, and keep it for five years.
Article 70-3
The Plan shall be valid for five years. In the event the use of liquor and fiber digestate is expected to continue after the Plan expires, an application for extension shall be submitted to the competent authority of agriculture within three months from the starting date of the six months before the Plan expires. Each extension shall not exceed five years.
The application for extension submitted in accordance with the preceding paragraph shall include the documents and contents specified in Paragraph 1 of the preceding Article, excluding those in Subparagraphs 5 and 6. However, an affidavit for the original approval document can be used instead when the competent authority of environmental protection or agriculture does not find serious violation in the validity period of the Plan.
Where necessary, the competent authority of environmental protection or agriculture shall survey on site or sample the liquor and fiber digestate when reviewing the affidavit in the foregoing Paragraph. Once requests are not verified and approved, the applicant for extension shall apply for change at the same time.
The application procedures and effect in Paragraph 1 shall apply mutatis mutandis to Article 31, Paragraphs 2 and 3 of the management regulations for application and examination of the water pollution control measure plans and permits.
Article 70-4
The document of approval issued after review of the Plan shall include the following:
I. Names and addresses of the user of liquor and fiber digestate as fertilizer for farmlands, the person implementing the fertilization/irrigation, and the person in charge.
II. The land number and size of the fertilized/irrigated farmland, amount of the liquor and fiber digestate used as well as the quality of the liquor and fiber digestate and the methods, frequency and purposes of the fertilization/irrigation.
III. The issuance and the expiration dates of the Plan.
IV. Other required matters.
Article 70-5
In case of modification of the plan for using liquor and fiber digestate as fertilizer for farmland, the parties concerned shall present the document specify the change and petition with the competent authority of agriculture for the change, and proceed as approved.
The plan for using liquor and fiber digestate as fertilizer for farmland may be change within the following stipulated time and designated means:
1. Modification or termination of the agreement or statement of consent in the joint pursuit of the plan of using liquor and fiber digestate as fertilizer for farmland as specified in Subparagraph (III), Paragraph I in Article 70-2 may be made with the presentation of the agreement after the change or photocopy of the agreement for termination to the competent authority of agriculture within 15 days after the day of modification or termination for reference filing.
2. For modification of the particulars stated in subparagraph (I) of the previous article or the lot number, area of the farmland by the competent land authority undertake a cadastral survey and the registration of the change in land descriptions accordingly in subparagraph (II) of the previous article, applying for change within 30 days after the day of change.
3. For modification of the particulars as stated in subparagraph (II) in the previous article excluding subparagraph (II), an application in advance is required for submitting with the relevant documents.
Article 70-6
In case of plans for using liquor and fiber digestate as fertilizer for farmlands that have been reviewed and approved by the competent authority of agriculture, such use shall be suspended in any of the following circumstances:
I. Where the Central Weather Bureau issues a warning of storm or torrential rain, from the day of issuance to the third day after the warning is lifted.
II. An substantial increase of pollutant indicators is found in the groundwater quality monitoring result or the soil quality testing result reaches the limits of the soil pollution monitoring standard during the period in which liquor and fiber digestate is used as fertilizer for farmlands.
The measures of suspending the use of liquor and fiber digestate as fertilizer for farmlands referred to in the preceding paragraph shall be incorporated in the plan for using liquor and fiber digestate as fertilizer for farmlands and reviewed.
Article 70-7
Where any implementation inconsistent with the plan for using liquor and fiber digestate as fertilizer for farmlands reviewed and approved by the competent authority of agriculture is identified by the municipality or county (city) competent authority, a notice shall be sent to the competent authority of agriculture to request the enterprise for improvement.
Article 70-8
Where any user of the liquor and fiber digestate for farmland fertilization acquires the plan for liquor and fiber digestate as fertilizer for farmlands, the competent authority of agriculture may abolish the Plan if such user meets one of the following illegal requirements:
I. The contents of the application materials are inconsistent with the fact.
II. Fertilization of the farmland is not implemented in accordance with the approved plan.
III. No change is made within the time frame in accordance with Article 70-5, Paragraph 2, and no improvement or rectification is made within the time frame specified by the competent authority of agriculture.
IV. Other violations.
In the event of any of the violations set forth in the preceding paragraphs, the competent authority of agriculture shall abolish the Plan when the competent authority of environmental protection or agriculture finds serious violation.
When abolishing the plan in accordancewith the preceding two paragraphs, the competent authority of agriculture shall send a copy to the municipality or county (city) competent authority for reference.
Article 70-9
Any of the following shall be deemed a violation of the Regulations and punished pursuant to the Act:
I. The implementation is in violation of Article 70-1, Paragraphs 1, and Article 70-5 and not in compliance with the registrations in the plan for using liquor and fiber digestate as fertilizer for farmlands reviewed and approved by the competent authority of agriculture.
II. Use of liquor and fiber digestate as fertilizer for farmlands is not suspended in violation of Article 70-6.
In case of any circumstance referred to in the preceding paragraph, punishment shall be imposed pursuant to related environmental protection laws and regulations if any environmental pollution occurs during the fertilization.
Punishment shall be imposed for violation of the Act in case that the livestock excrement and urine or liquor and fiber digestate are used for fertilization of farmlands without acquisition of the plan for using liquor and fiber digestate as fertilizer for farmlands.
Where not all of the livestock excrement and urine are used for fertilization of farmlands and part of them are discharged into surface water bodies or into soil or a surface water body in violation of this chapter, the discharge into the surface water body or soil shall be subject to the Act.
Article 70-10
The competent authority of agriculture, in issuing the permit for the recycling of animal excreta as fertilizer for irrigation in farmland in accordance with the Regulations Governing Recycling and Reuse of Agricultural Wastes, or approving the plan of using liquor and fiber digestate as fertilizer for farmland in accordance with this Regulation, shall notify competent authorities at all level with the feeding of information on the approval of application, change, and extension.
For permission of using liquor and fiber digestate as fertilizer for farmland or animal excreta for irrigation of farmland for recycling, proceed to irrigation as stated in the approved plan or content from the day the competent authority of agriculture approved the recycled use of liquor and fiber digestate as fertilizer for farmland or animal excreta for irrigation of farmland.
The competent authority of agriculture shall keep record on the monitoring and testing of the execution of the plan of using liquor and fiber digestate as fertilizer for farmland and pass related information to the competent authorities of environmental protection in the municipality or county (city).
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