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

Print Time:2024/11/24 04:54
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Chapter Law Content

Chapter 3 Management
Article 17
Before moving disposal facilities disposal organizations with moveable waste disposal facilities shall ask in writing permission from the special municipality, county, or city competent authority of the disposal facilities’ location before and after moving and submit the reviewed and approved application documents as well as the pollution control plan. After gaining permission the facilities may be moved.
Article 18
Except those whom the proviso to Paragraph 1, Article 41 of this Act exempts from submission of public or private waste clearance and disposal organization permission documents, the clearance or disposal organization shall be handled in accordance with this Act, its related regulations, and the content of the application form which has passed review.
Besides the consent reported by the issuing authority, clearance and disposal organizations shall perform the clearance and disposal themselves.
The total amount of the actual monthly clearance and disposal volume of the organizations in the foregoing paragraph may exceed the permitted maximum for the said waste quantity by an allowable difference of 10 percent.
The commission of waste clearance shall be operated by registered vehicles in permission documents of the clearance organization. However, the clearance can be complied by registered vehicles of other clearance organization with the approval of the issuing authority.
Article 19
For the disposal organizations that output recycled products and derivative wastes, and when their storage capacity surpasses the cumulative quantity of output during the last six month, they shall temporarily stop accepting waste. However, those that have received consent from the issuing authority shall not be subject to this restriction.
Article 20
Clearance, disposal or cleaning organizations engaging in waste clearance and disposal services shall establish contracts in advance with commissioning parties, and shall preserve such contracts for three years for inspection by the competent authority. This restriction shall not apply, however, when an organization has been commissioned to clear and dispose of waste produced as a result of a natural disaster or emergency incident.
A contract in the foregoing paragraph shall include an attached photocopy of a valid permit and state the following items:
I.Waste type, code, characteristics, and quantity.
II.Clearance or disposal tools, equipment, methods, frequency, and relevant sites.
III.The contract period.
IV.The final disposal location for waste from the disposal or clearance organization and the quantity of waste.
V.Response measures if the organization cannot perform the contract for some reason or some other unforeseen incident occurs.
VI.All associated matters assisted by commissioning parties in accordance with Paragraph 2, Article 30 of this Act. However, the commissioning parties not belonging to enterprise can be exempted.
VII.Other items designated by the special municipality, county, or city competent authority.
Article 21
Clearance or disposal organizations shall report their operating records in accordance with the online transmission method announced in Subparagraph 2, Paragraph 1, Article 31 of this Act. Disposal organizations shall prepare daily quality control records and operating management records in accordance with the approved documents outlined by Subparagraph 9, Article 9 and Article 10 of this Act. These records shall be signed audits by professional technicians monthly.
Clearance organizations shall keep the relevant records of the preceding paragraph at the locations that the issuing authority permits. Disposal organizations shall keep the relevant records of the preceding paragraph at the sites or plants registered on their permits.
Clearance or disposal organizations shall keep the general waste and general industrial waste clearance or treatment records for 5 years, hazardous industrial waste for 7 years.
The disposal organizations shall accommodate the competent authority or its contracted authority to have the access to review the recorded images. Additionally, when the recording system of disposal organizations breaks down or is unable to clearly show the contents, they shall report this to the issuing authority immediately and shall complete the repair within seven days. If the repair cannot be completed within 7 days, they shall submit a written report to the issuing authority for approval, and complete the repair in accordance within the period approved by the issuing authority.
Article 21-1
The disposal organizations with the approval to operate shall publish its disposal fee schedule on the Management of Waste Clearance and Disposal Information System. Same applies when there is adjustment to the fee.
Article 22
(delete)
Article 23
Clearance, disposal or clean-up organizations shall mark the organization name, contact telephone number and permit number in a prominent place on its equipment, machinery and tools, facilities or disposal sites or plants.
Article 24
If the disposal organizations that are approved to operate produce recycled products, they shall conduct in accordance with the following regulations:
I.Recycled products shall be labeled with the scope of use.
II.Keep all the relevant records and certificates for following regulations:
(1) Detailed record on retailed flow, customer, quantity and usage from recycled products.
(2) If the recycled products were not sold directly to the end users, the competent authority shall request a record on the flow and quantity of the recycled products sold to the end users through other organizations.
(3) The disposal organizations shall keep two of the above mentioned records or certificates at the site or plant which is registered on the permit, and keep all the relevant records and certificates for 3 years. If necessary, the competent authority could request the disposal organizations to submit all relevant records and certificates.
III. The usage and quality of recycled products should meet the following regulations:
(1)The usages for the following purposes should meet the regulations of location, customers and quality standards of recycled products for specific engineering purposes (As Appendix 5)
A. As the material of controlled low strength material (CLSM).
B. As the material of brick.
C. As the material of cement products for Jersey barrier or curb.
D. For other construction usages designated by the issuing authority.
(2) For the usages except for foregoing item, the quality standards should be issued by the issuing authority in the following order.
A.National standards.
B. Standards of central authority and the central industry competent authority.
C. Outline specifications for Public Construction.
D. Standards of industry associations
E. Other standards issued by the issuing authority for construction usages.
IV.The recycled product shall be inspected regularly to meet the quality of sampling testing and quality control planning listed in the permit documents.
V.The online submission shall be conducted as follows:
A.Proceed to the Industrial Waste Report and Management System before the 10th of each month to submit data related to recycled products, including types of waste, quantity used, name of recycled products, scope of use, amount of production, products flow, quantity and inventory count by the end of the previous month.
B.The enterprises pursuant to Article 31, Paragraph 1, Subparagraph 2 of this act that receiving specific recycled products pursuant to item1, Subparagraph 3 of this paragraph, should proceed to the Industrial Waste Report and Management System before the 10th of each month to submit data related to recycled products before the 10th of each month to submit data related to recycled products, including products final destination flow, amount, and final destination location.
C.If data cannot be submitted online before the 10th of each month due to the malfunctioning of hardware or software, a report shall be filed to the special municipality, county or city competent authority via fax within 1 day. Online submission shall be conducted within 1 day after the repair is completed.
VI.Recycled products that fail to meet the quality standards pursuant to Subparagraph 3 shall be redisposed or reuse in accordance with Article 28 or Article 39 of this law.
If there are other regulations for the management method of recycled products, it shall be directly according to the management method and not restricted by the provisions of the preceding paragraph.
Article 25
When clearance or disposal technicians hired by clearance, disposal or clean-up organizations are unable to carry out their work or resign, the said organizations shall conduct in accordance with the following:
I.The designating Representative shall report to the issuing authority for reference within 15 days. Grade A disposal organizations shall designate a disposal technicians who has obtained a certificate in conformity of the same grade or above.
II.The said organizations shall hire within 90 days another person that meets qualification regulations to take over the position. But Grade A clearance and disposal technicians who are in charge of hazardous industrial waste clearance and disposal work shall be replaced within 30 days. When additional technicians are hired the said organizations shall report to the issuing authority within 15 days for future reference. Clearance and disposal technicians may also themselves report to the issuing authority.
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 26
The clearance or disposal organizations that cease waste clearance and disposal work by themselves, or did not apply for extension before the permit expires shall report to the issuing authority for permit cancellation. Organizations that temporarily suspend business for more than one month shall report the suspension of operations to the issuing authority within 15 days after the one month period ends.
Article 27
If one of the following circumstances applies to clearance or disposal organizations that engage in waste clearance and disposal operations, the issuing authority may cancel or revoke their permits:
I.When an organization knowingly lists false information in its permit application documents or reporting documents, reports false information or keeps false records of its operations.
II.When an organization has lost its ability to conduct operations.
III.When an organization fails to handle and complete improvements by the expiration of the deadline in accordance with Article 6, Article 7, and from Article 16 to the preceding article.
IV.When an organization fails to handle and complete improvements by the expiration of the deadline in accordance with the content of the application documents and the licensing items.
V.When an organization has committed other violations of these Regulations that the competent authority has determined to be severe circumstances.
Clearance or disposal organizations that had their permits revoked or cancelled may not reapply for the said permit under the same or similar organization name and the same tax ID number for five years. Their statutory responsible person may not reapply as statutory responsible person for a clearance or disposal organization for five years.
Clearance or disposal organizations that had their permits revoked or cancelled may not again engage in waste clearance and disposal operations from the day on which they receive written notification of such penalty. But those that are already engaging in clearance and disposal and have not yet completed operations shall proceed in accordance with instructions from the special municipality, county, or city competent authority; the clearance or disposal organizations shall bear all necessary expenses.
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