Chapter 2 Permits
Article 4
Those that apply for clearance permits shall apply to the issuing authority at the location of the organization.
Those that apply for establishment approval documents or disposal permits shall apply to the issuing authority at the location of the disposal site or plant.
Article 5
After receiving the application of the preceding article, the issuing authority shall make a decision through a review concerning its approval or rejection within 60 days. When necessary, the review deadline may be extended by up to 60 days. However, the time period for the applicant to provide additional information per the review agency’s request shall be deducted.
The applicant shall provide the additional and corrected information. If the information is not provided within the time frame requested by the issuing authority, or although the information is provided, but still incomplete, another deadline will be allotted. If the information is still incomplete or cannot be provided, the issuing authority may reject the application.
Sanctions or other administrative actions shall be taken by the issuing authority upon the result of having heard all statements and investigated both the facts and evidences. The issuing authority shall determine the authenticity of the facts according to reasoning and the rules of experience, and inform the parties of its decision and reasoning.
Article 6
Regulations on the classification of the clearance organizations and hiring of professional technical personnel are as follows:
I. Grade A organizations: Engage in the clearance of general waste, general industrial waste, and hazardous industrial waste. They shall hire two full-time clearance technicians of Grade B or above, of whom at least one is a Grade A clearance technician.
II. Grade B organizations: Engage in the clearance of general waste and general industrial waste. They shall hire one full-time clearance technician of Grade B or above. Those with an approved maximum amount surpassing 5,000 metric tons per month shall hire two full-time clearance technicians of Grade B or above.
III. Grade C organizations: Engage in the clearance of less than 900 metric tons of general waste and general industrial waste per month. They shall hire one full-time clearance technician of Grade C or above.
Regulations on the classification of disposal organizations and hiring of professional technical personnel are as follows.
I. Grade A Organizations: Engage in the disposal of general waste, general industrial waste, and hazardous industrial waste. They shall hire two full-time disposal technicians of Grade B or above, of whom at least one is a Grade A disposal technician.
II. Grade B organizations: Engage in the disposal of general waste and general industrial waste. They shall hire one full-time disposal technician of Grade B or above. Those with an approved maximum amount surpassing 5,000 metric tons per month shall hire two full-time disposal technicians of Grade B or above.
The required clearance technician in Paragraph 1 may be substituted by a disposal technician of the same grade.
If at the same address both a clearance organization and a disposal organization are established, and the person in charge is the same, the hired disposal technician shall, simultaneously, engage in clearance operations.
The required professional technician in Paragraph 1 and 2 shall be full-time and permanently stationed in organization. The technician shall not concurrently serve as specified personnel in other laws except from environmental regulations. The required professional technician in grade A disposal organization shall not engage in affairs not related to pollution prevention except from in charge or director of the organization.
Article 7
When the clearance or disposal organizations fill the position of professional technician, technician qualification certificates and position application shall be submitted to the competent authority of municipality or county and approved. Those that apply for application of the preceding paragraph shall be submitted application by network. However, the application has been consented by the competent authority of municipality or county, paper-based application may be submitted in lieu thereof.
Article 8
Those applying for the issuance of a clearance permit shall submit the following documents:
I. Application form.
II. Registration approval verification documents from a government agency.
III. Personal identification document of the statutory responsible person.
IV. Qualification certificates, insurance policy datasheet (detailed) of labor insurance coverage, employee identification and written permission to check labor insurance data for clearance or disposal technicians.
V. Waste clearance equipment identification list and documentary proof of tool purchase (not applicable to organizations using ships or aircraft).
VI. Storage site and transfer station land ownership title, land registration information, land parcel list, and establishment plan. If the land is not self-owned, attach the landowner’s or the management agency’s letter of consent to the use of the land (not applicable to organizations without storage sites or transfer stations).
VII. The operating information of the taxiing, storage, and transshipment of clearance vehicles.
VIII. Autonomic affidavit (shown in Attachment 1).
IX. Certified documents of paid-up capital reached five million (5,000,000) New Taiwan Dollars and above, except the Grade C organizations at Subparagraph 3, paragraph 1, article 6.
X. Other documents designated by the issuing authority.
Article 9
Applying for the establishment approval documents for disposal organizations shall submit the following documents:
I. Application form.
II. Registration approval verification documents from a government agency
III. Personal identification document of the statutory responsible person.
IV. Waste disposal site land ownership title, land registration information and land parcel list. If the land is not self-owned, attach the landowner’s or the management agency’s letter of consent to the use of the land.
V. Project planning statement.
VI. Pollution control plan.
VII. Waste treatment process (includes the treatment and emissions of the pollutants produced), equipments, and operating instructions.
VIII. The planning of settings (including time, weight, vehicle no., vehicle records and preservation methods of drivers, and operations that ensure that modification records of later modifications are kept) of waste scale-weighing equipment (including weighbridge, electronic scales, hanging pounds, or other scales) at vehicle site entrances. Those that are unable to set scale equipment within the site may replace with a scale equipment of a neighboring same affiliated company or by a third-party notarized weighing unit to carry out the weighing.
IX. Closed circuit television recording system (hereinafter referred to as recording system) configuration plan, the setting requirements of different types of control recording systems are shown in Attachment 2.
X. Application cases that have passed the environmental impact assessment review shall list out the content and review conclusions of waste treatment and relevant pollution control from the final version.
XI. Autonomic affidavit (shown in Attachment 1).
XII. Other documents designated by the issuing authority.
Article 10
Those having obtained establishment approval documents from the issuing authority, shall, after having completed establishment or having met the proviso in Paragraph 3, Article 3, before applying for a disposal permit, send the trial operation plan to the issuing authority for review and approval, and, upon approval, conduct testing in accordance with the content in the approved plan.
The trial operation plan from the preceding paragraph shall include the following contents:
I. Method, procedures, and steps of trial operation.
II. Waste types, sources, amount, and waste clearance and transportation plan during trial operation.
III. Mass balance calculation methods.
IV. Sampling, monitoring, and quality management plan.
V. Emergency response measures.
VI. Autonomic affidavit (shown in Attachment 1).
The approved trial operation period of the previous paragraph shall not exceed 100 days. If the trial applicant are unable to complete trial operation in accordance with the trial operation plan before the approved trial operation deadline, an application for extension may be filed with the reviewing agency before the expiry of the approved trial operation deadline. There shall be limited to 2 applications for extension and the total period of trial operation period, including the originally approved trial operation period, shall not exceed 190 days, unless otherwise approved by the issuing authority.
If an application for extension of trial operation period is filed 15 days before its expiry and if the approval or denial of the extension cannot be granted before the expiry of the trial operation period due to the reviewing agency’s review, the trial applicant may continue trial operation in accordance with the trial operation plan during the period after the expiry of the trial operation period until the time when the extension is approved or denied. If the application for extension is not filed 15 days before the expiry of the trial operation period, the trial applicant shall stop trial operation if the reviewing agency does not grant an approval or denial on the extension upon the expiry of the trial operation period.
If trial operation is not complied by the trial applicant, the issuing authority should suspend the trial operation and notify the deadline for improvement. There shall be limited to 1 applications for improvements. If the improvement plan is not proposed or completed by the deadline, the reviewing agency shall abolish the approved trial operation.
Article 11
Those applying for the issuance of a disposal permit shall submit the following documents:
I. Application form.
II. Registration approval verification documents from a government agency.
III. Personal identification document of the statutory responsible person.
IV.Qualification certificates, insurance policy datasheet (detailed) of labor insurance coverage, employee identification and written permission to check labor insurance data for disposal technicians.
V.Establishment approval documents. Those applying in accordance with the proviso in Paragraph 3, Article 3 shall submit the following documents:
(1)Waste disposal site land ownership title, land registration information and land parcel list. If the land is not self-owned, attach the landowner’s or the management agency’s letter of consent to the use of the land.
(2)Pollution control plan.
(3)Waste treatment process (includes the treatment and emissions of the pollutants produced), equipments, and operating instructions.
(4)The planning of settings of waste scale-weighing equipment. Those that are unable to set scale equipment within the site may replace with a scale equipment of a neighboring same affiliated company or by a third-party notarized weighing unit to carry out the weighing.
(5)Recording system configuration plan.
VI. Environmental management and regular monitoring reports during facility construction period. However, when the case involves an existing factory or waste disposal facility in the proviso in Paragraph 3, Article 3, or involves a mobile waste disposal facility, regular monitoring reports from the facility construction period are not required.
VII. A trial operation report that includes the sources, operations, records and statistics, and mass balance. Those applying for trial operation for industrial hazardous waste shall submit all relevant analysis results for the post-treatment derivative waste.
VIII. Acceptable waste receiving quality criteria.
IX. A quality control plan for receiving waste and producing recycled products,which includes analysis items, methods, frequency and quantities.
X. An operation management record plan which includes vehicle access, receiving and delivering of material, operation, control and monitoring at storage and disposal facilities.
XI.Verification documents showing consent by the enforcement authority, disposal organization, or government-approved waste disposal site or plant to dispose the waste generated by them.
XII.Relevant construction permit or usage permit.
XIII. Disposal plan for waste that has not yet been disposed of when unable to carry out disposal operations.
XIV. Autonomic affidavit (shown in Attachment 1).
XV. Industrial waste that use final treatment method shall submit a post-closure restoration plan.
XVI. Other documents designated by the issuing authority.
Article 12
For the application cases that have passed the environmental impact assessment review in accordance with regulations, the issuing authority may review the part not reviewed by the environmental impact assessment only in respect of its establishment approval documents or permit application and shall incorporate the conclusions of waste disposal and relevant pollution control in the environmental impact assessment review into the permit conditions.
Article 13
Items to be recorded for clearance permits are shown in Attachment 3.
Items to be recorded for disposal permits are shown in Attachment 4.
Article 14
The validity period of the approval or permit for the establishment approval documents shall not exceed five years. The disposal permit, which is issued for the first time shall not be valid for more than 3 years.
Those organizations that want to continue to conduct operations after the permit expires shall apply for an extension within 6 to 8 months prior to its expiry. The validity period of each extension shall be in accordance with the regulations in the preceding paragraph. However, the extension of establishment approval documents is limited to once.
After receiving the application of the preceding paragraph, the issuing authority shall make a decision concerning its approval or rejection within 60 days. Under special circumstances, the review period may be extended by a maximum of 60 days. However, the time period for the applicant to provide additional information per the review agency’s request shall be deducted. If the application document fails to meet the regulations, or the additional and corrected information cannot be provided within the time frame requested by the issuing authority, or although the information is provided, but still incomplete, another deadline will be allotted. If the information is still incomplete or cannot be provided, the issuing authority shall reject the application before the permit expires.
For those applying for an extension within 6 to 8 months before the permit expires,the issuing authority shall make a decision concerning its approval or rejection before the permit expires. When the issuing authority still hasn’t made a decision concerning the permit, the applicant shall still operate in accordance with the original permit from the time the permit expires until a decision is made by the issuing authority concerning the extension.
For those applying for an extension before the permit expires, but after the 6 to 8 month period, the applicant shall stop receiving waste and waste disposal when the issuing authority still hasn’t made a decision concerning the extension by then.
For those who haven’t applied for an extension before the permit expires, the permit shall become null and void as of the expiration date. For those wishing to continue conducting operations, they shall reapply for a permit.
Article 15
Those applying for the extension of establishment approval documents of disposal organizations shall submit the following documents:
I.Application form.
II.Registration approval verification documents from a government agency.
III.Personal identification document of the statutory responsible person.
IV.Original issued establishment approval document.
V.Reasons for extension.
VI.Autonomic affidavit (shown in Attachment 1).
VII.Other documents designated by the issuing authority.
Those applying for the extension of clearance or disposal permits shall submit the following documents:
I.Application form.
II.Registration approval verification documents from a government agency.
III.Personal identification document of the statutory responsible person.
IV.Original issued permit.
V.Qualification certificates, insurance policy datasheet (detailed) of labor insurance coverage, employee identification and written permission to check labor insurance data for clearance or disposal technicians.
VI.Licensing items of original clearance or disposal permit documents.
VII.Improvements in operating conditions and illegal facts within the permitted period.
VIII. The latest stationary pollution source analysis results or water pollution prevention measures testing results and other related quality control and operation management record. If there is no stationary pollution source or water pollution prevention measures, quality control and operation management record shall be provided if the incoming material quantity per unit time can reach 80% of the disposal facility capacity, at least 6 months prior to application for extension. However, those applying for clearance permit extension or landfill is adopted as the primary disposal method can be exempted.
IX.Verification documents showing consent by the enforcement authority, disposal organization, or government-approved waste disposal site or plant to dispose the waste generated by them (those applying for clearance permits are not required).
X.Analysis results for derivative wastes generated by hazardous industrial waste treatment for every 6 months. However, clearance organizations or those who do not handle hazardous industrial waste can be exempted.
XI.For those who are members of trade association as required to join by Commercial Group Act or Industrial Groups Act, should provide member certificate documents.
XII.Autonomic affidavit (shown in Attachment 1).
XIII. Other documents designated by the issuing authority.
Article 16
Modifications of establishment approval documents or permit documents shall be handled according to the following regulations:
I.If among the recorded items on the establishment approval documents or permits, the organization name or address, the name, address, or personal identification document number of the statutory responsible person is modified, the permit-holder shall submit a filled-out modification registration application form within 30 days after the modification along with the relevant verification documents to register the modification.
II.When replacing disposal equipments or adding necessary auxiliary apparatuses, and the case does not involve the processes, waste types, quantities, and main equipments or apparatuses on the original permit, the organization shall report the information to the issuing authority for future reference. When necessary, the issuing authority may require trial operation before accepting the case for future reference.
III.Other content modifications of establishment approval documents and permit documents that have already been reviewed and approved shall be handled according to the originally approved content before the modification, and modification registration application form and modified items shall be submitted to the issuing authority. The issuing authority may review and approve the modified parts.
If any of the modifications in the preceding paragraph necessitates a change of the issuing authority, the application shall be filed with the original issuing authority, which will then transfer the application to the new issuing authority for processing in accordance with the designated procedures.
When establishment approval documents and/or permit documents are modified, their deadlines shall be limited based on the original approved deadlines. If the classifications of clearance or disposal organizations are modified, they shall reapply.
Article 16-1
The application, modification, and extension of clearance, disposing permission of clearance permit, disposal permit, and disposal establishment approval documents shall be submitted application by network. However, the application has been consented by the issuing authority, paper-based written reports may be submitted in lieu thereof.
Article 16-2
When the issuing authority accepts applications, submissions, changes or extensions for clearance permits, establishment approval documents, trial operation plans, or disposal permits, the scope of its review shall not extend beyond the content of the applications, submission, changes, or extensions, and no obligations not explicitly defined by regulations shall be added in any form of disposition.
If the issuing authority discovers that the issued permit (document), establishment approval documents, or approved trial operation plan contains writing errors, miscalculations, or other obvious errors that do not comply with this Act and relevant regulations, it may correct them at any time and notify the affected parties.
When the issuing authority accepts the case mentioned in Paragraph 1, it shall conduct a procedural review of the completeness of the document and a substantive review of the reasonableness of the content. If it is determined that the information should be supplemented or corrected, the review opinions shall be provided on a one-time basis, and the content shall comply with the regulations stipulated in this Act related to matters such as application, submission, changes or extension. Except for review opinions revised due to the applicant's supplementary or corrected documents, subsequent notices requiring corrections within a time limit should not include review opinions that were not listed in the previous notice.
Article 16-3
Before applying for the issuance, change, or extension of a disposal permit or a clearance permit for the establishment of a storage site or transfer station, the applicant must first draw a schematic diagram of the pollutant flows regarding air, water, waste, toxic substances, and chemical substances of concern throughout the plant (site) and review it. This diagram should illustrate the flow of pollutants between different media and the relationships between various environmental protection permits (documents).
If the application in the preceding paragraph involves the application, change, modification, or extension of other types of environmental protection permits (documents), these must be submitted in accordance with the respective environmental protection laws and regulations. However, this requirement does not apply to those who can provide supporting information demonstrating that such application, change, modification, or extension is not necessary.
If the issuing authority confirms that there are applications, changes or extensions involving other types of environmental protection permits (documents) but have not been submitted at the same time, the issuing authority may continue to review in accordance with the provisions of these regulations and notify the applicant that they should submit applications, changes or extensions for other types of environmental protection permits (documents).
Article 16-4
When the issuing authority accepts applications for the issuance, renewal, or reissuance of clearance permits and disposal permits, and upon review, finds them to be in compliance with regulations, it shall complete the production of the permits within fourteen days after approval and notify the applicant to pay the certificate fee and collect the permit.