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

Print Time:2024/11/22 08:28
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Chapter Law Content

Chapter III Administration of Radioactive Waste
Article 17
For the construction of treatment, storage (and/)or final disposal facilities of radioactive waste, an application for construction license shall be filed with the competent authorities, and the construction shall not commence until the application has been reviewed and approved (by the competent authorities) to satisfy the following prescription and the competent authorities have issued a construction license therefor:
1.The construction is consistent with the prescription of the relevant international conventions(; and)
2.The equipment and the facilities are sufficient to secure the public health and safety(; and)
3.The impact to the environmental ecology complies with the prescription of relevant laws/statutes and decrees(; and)
4.The technology, the management ability and the financial basis, etc., of the applicant are competent to operate the facilities.
The competent authorities shall publicize and display the application referred to in the preceding Paragraph within thirty (30) days of the receipt of it; and the time period for publication and display as to treatment and(/or) storage facilities is sixty (60) days; while the time period for publication and display as to the final disposal facilities is one hundred and twenty (120) days. During the time period for publication and display, individuals, government agencies or organizations may submit to the competent authorities reference opinions in written document stating the name or appellation and the address; and a hearing (hearings) shall be held by the competent authorities subsequently.
The regulations for the qualification, documents required, review and approval procedures and other matters to be complied with for an application for construction license for constructing treatment, storage (and/)or final disposal facilities of radioactive waste shall be prescribed by the competent authorities.
Article 18
Even after the completion of the construction of treatment, storage (and/)or final disposal facilities of radioactive waste, the facilities shall not be formally operated, until the competent authorities have approved and issued an operation license thereof.
The valid period of the license referred to in the preceding Paragraph 1 shall be prescribed by the competent authorities; and when there is need to continue operation after the license is expired, an application shall be filed two (2) years prior to expiration thereof with the competent authorities for renewing the license thereof. The operation thereof shall not be continued without the renewal of license as per the prescription.
Paragraph 1 of the preceding Article is applicable, mutatis mutandis, to the issuance and(/or) the renewal of an operation license.
Article 19
During the construction (and/)or operation period of treatment, storage (and/)or final disposal facilities of radioactive waste, neither of the design amendment nor equipment change, if involved in the significant safety items, shall be made without an application therefor submitted to and approved by the competent authorities.
Article 12 is applicable, mutatis mutandis, to the significant safety items referred to in the preceding Paragraph.
Article 20
The operator of treatment, storage (and/)or final disposal facilities of radioactive waste shall submit regularly to the competent authorities the reports related to operation, radiation protection, environmental radiation monitoring, irregularity (and/)or emergency event, and(/or) any other reports designated by the competent authorities; and the competent authorities shall publicize the relevant reports.
Article 21
The safety administrative rules for the treatment, storage (and/)or final disposal of radioactive material and the operation, design of and safety requirements for the facilities, and(/or) other matters to be complied with shall be prescribed by the competent authorities.
Article 22
Article 13 is applicable, mutatis mutandis, to the administration and(/or) the relevant punishment as to the construction (and/)or operation period of treatment, storage (and/)or final disposal facilities of radioactive waste.
Article 23
For the permanent cease of operation of treatment, storage (and/)or final disposal facilities of radioactive waste, the operator shall prepare a decommission plan and shall implement it after the same has been reported to and approved by the competent authorities.
For the closure of the final disposal facilities of radioactive waste, the operator shall prepare the closure plan and the institutional control plan and shall implement the same after they have been reported to and approved by the competent authorities.
During the implementation period of the plan(s) referred to the in preceding two (2) Paragraphs, the competent authorities may dispatch the inspector(s) to inspect the same at anytime; after the completion of the plan(s), the operator shall report it to the competent authorities for inspection.
Where the facilities referred to in Paragraph 1 has ceased operating for more than one (1) year consecutively but the operator does not report it to the competent authorities for approval, it shall be deemed as the permanent cease of operation; and the decommission procedure shall follow the prescription of Paragraph 1.
The decommission referred to in Paragraph 1 shall be completed within fifteen (15) years of the permanent cease of operation.
Article 24
For the re-utilization or the exemption from institutional control of the land where final disposal facilities of radioactive waste are located, the operator shall submit to the competent authorities the materials as to environment assessment and the radiation safety assessment report approved by the competent authorities of environment protection and shall implement the same after approval.
Article 25
Unless approved by the competent authorities, the radioactive waste shall not be imported, exported, transited, transshipped en route, carried, discarded, or assigned; and the regulations for documents required, review and approval procedures and other matter to be complies with for an application in this regard shall be prescribed further by the competent authorities..
Article 15 is applicable, mutatis mutandis, to the administration and the relevant publishment as to the operation procedures referred to in the preceding Paragraph.
Article 26
The application for the construction (and/)or the operation of treatment (and/)or storage facilities of radioactive waste within the premises of nuclear reactor facilities, covered by the safety analysis report, may be made in combination with the application for the construction license and the operation license of the nuclear reactor facilities.
After being reported to and approved by the competent authorities, the decommission of treatment (and/)or storage facilities of radioactive waste referred to in the preceding Paragraph may be implemented in combination with the decommission of the nuclear reactor facilities
Article 27
Treatment facilities of radioactive waste shall be operated by qualified operating personnel. The qualification of the operating personnel shall be prescribed by the competent authorities.
Article 28
The producer of radioactive waste shall bear the necessary expenses for treatment, carriage, storage and(/or) final disposal of waste and(/or) the decommission of facilities.
Article 29
The treatment, carriage, storage and(/or) final disposal of radioactive waste shall be done by the producer of radioactive waste itself solely or be entrusted to the entrepreneur' who or which is of technical capability of finally disposing of the domestic or foreign radioactive waste, or holds the facilities thereof; and the producer shall be responsible for minimizing the generation amount and the cubic measure of radioactive waste. The plan of final disposal shall be actually proceeded in accordance with the planned schedule.
The fee scale of the entrepreneur' entrusted to implement treatment, carriage, storage and(/or) final disposal referred to in the preceding Paragraph shall be reported and determined (approved) by the competent authorities.
Article 30
The final disposal facilities of radioactive waste shall receive the radioactive waste generated by the whole country; and before the implementation of this Act, the necessary expenses for the final disposal of the radioactive waste entrusted to treat or stow referred to in Paragraph 1 of the preceding Article shall be supported by the budget drawn up by the government.
Article 31
The prescription of this Chapter is not applicable to the radioactive waste tantamount to a specified activity or a lower activity, and(/or) the waste generated by naturally occurring radioactive material.
The limit value of the specified activity (and/)or the lower activity referred to in the preceding Paragraph and its administrative regulations for the waste generated by naturally occurring radioactive material shall be prescribed by the competent authorities.
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