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Title: Water Pollution Control Act CH
Category: Ministry of Environment(環境部)
Chapter 3 Control Measures
Article 13
Prior to establishment or modification, enterprises shall submit water pollution control measure plans and related documents for review and approval to the special municipality, county or city competent authority or an agency commissioned by the central competent authority.
The central competent authority in consultation with the industry competent authorities shall designate and officially announce the type, scope and scale of enterprises in the foregoing paragraph.
The central competent authority shall determine the content, required documents, application times, approval criteria and other binding matters for the water pollution control measure plans in Paragraph 1.
For those water pollution control measure plans in Paragraph 1 that use pipelines for discharge into the sea, the central competent authority shall make determinations for the installation, modification, revocation, cancellation and suspension of use of pipelines, application forms, procedures, and other binding matters.
Article 14
Those enterprises that discharge wastewater or sewage into surface water bodies shall apply to the special municipality, county or city competent authority for discharge permit or simple discharge permit document and shall obey the items registered on the document while discharging. The enterprises shall not change the items unless they have the permission from the special municipality, county or city competent authority.
When the modification of registration in the foregoing paragraph does not involve modification of the collection, treatment and discharge of wastewater, sewage, or sludge, those enterprises, designated by the central competent authority, may perform the modification of registration within prescribed period.
The central competent authority shall determine the management regulation for the applicable entities, application forms, review procedures, issuance, cancellation and other items that shall be obeyed covered in the discharge permits or simple discharge permit documents.
Article 14-1
Those enterprises designated and officially announced by the central competent authority shall, prior to the registration of the application and modification of water pollution control measure plans, discharge permit or simple discharge permit document, disclose the concentration and quantity of the pollutants their discharged wastewater or sewage may contend.
When the discharged wastewater or sewage by an enterprise contends pollutants beyond the effluent standard and the pollutant has been determined by the special municipality, county or city competent authority to be of concern of endangerment of ecology or human health, the enterprise shall submit risk assessment and management report in accordance with the format of the central competent authority regulations to explain the risk of its wastewater or sewage on the ecology and human health and risk management measures that can be adopted.
For those reports reviewed and approved of the foregoing paragraph, the special municipality, county or city competent authority shall approve, in accordance with the review results, the concentration or total quantity limit of their water pollution control measures plans, discharge permit, or simple discharge permit document.
Pollutants in Paragraph 2, assessed and determined necessary by competent authorities at all levels, shall be added to the effluent standard.
Article 15
The validity period for discharge permits and simple discharge permit documents shall be five years. Those that still wish to continue to use their permits or permit documents after expiration shall, within the five-month period starting six months prior to expiration, apply to the special municipality, county or city competent authority for the approval of an extension. Each extension may not exceed five years.
When there is concern with ecological or human health risks due to the deterioration of water quality within the validity period of a discharge permit or simple discharge permit document in the foregoing paragraph, and the special municipality, county or city competent authority consider that the items in the permit shall not be able to protect the water bodies or the risks may be harmful for the public welfare, the authority shall modify permit items or cancel a permit or permit document.
Article 16
The competent authority shall issue an official announcement for the cancellation of those discharge pipes of unknown source that are used for the discharge of industrial wastewater or sewage; for those circumstances in which no one has made a claim one week after the official announcement, the competent authority may seal or remove said discharge pipelines.
Article 17
With the exception of those connected to a sewage system, when an enterprise submits a water pollution control measure plan pursuant to Article 13 and, pursuant to Article 14, applies for the issuance of a discharge permit and performs the modification of registration, the necessary documents the enterprise is required to possess shall be signed by a legally registered and practicing environmental engineer or other relevant professional engineer.
Those that meet one of the following circumstances may be exempt from obtaining the additional signature of an engineer pursuant to the foregoing paragraph.
I. Those circumstances in which the items that require the signature of an engineer for a water pollution control measure plan that is required to be submitted when applying for a discharge permit pursuant to Article 14 and for a water pollution control measure plan that has been previously reviewed and approved pursuant to Article 13 have not been modified.
II. Those circumstances in which the items that require the signature of an engineer when applying for the extension of a discharge permit pursuant to Article 15 have not been modified.
Those within government agencies, public enterprises or organizations and public juridical persons subject to Paragraph 1 that have legally obtained certification as an engineer in Paragraph 1 may perform the signature work.
The central competent authority shall determine the items to be checked when an engineer performs the signature work in Paragraph 1.
Article 18
Enterprises shall adopt water pollution control measures; the central competent authority in consultation with the relevant industry competent authorities shall determine management regulations for the applicable targets, scope, conditions, necessary facilities, specifications, installation, operation, monitoring, recordkeeping, time limit in years for the preservation of monitoring data, preventive management, emergency response, the collection, treatment and discharge of wastewater and sewage, and other binding matters for water pollution control measures.
Article 18-1
Enterprises or sewage systems that discharged wastewater or sewage shall follow an approved collection, disposal unit, and flow process, drain from an approved and registered discharge point or from a discharge point authorized by the sewage management agency into a sewage system, and not reroute discharge.
The wastewater or sewage of the foregoing paragraph that require treatment before it can meet the control standards determined of this Act shall not be diluted with non-treated water that meets the standards determined under this Act.
If in case of rescuing a personnel or regarded as a critical treatment facility, and notified the special municipality, county or city competent authority within three hours, the rerouting discharge and mixing diluting behaviors in the two foregoing paragraphs are not subject to the restriction.
Enterprises or sewage systems installed wastewater and sewage treatment/pre-treatment facilities shall be equipped with adequate functions and equipment and maintained at normal operation status.
Article 19
The regulations of Article 14, Article 15 and Article 18 shall apply, where appropriate, to sewage systems that discharge wastewater or sewage.
Article 20
An enterprise or sewage system shall apply to the special municipality, county or city competent authority for permission before storing or diluting the wastewater, and shall obey all the items registered on the permit. But the enterprises shall apply for dilute wastewater permit only if there are no other alternative wastewater treatment facilities or methods.
The central competent authority shall determine the management regulation for the applicable entities, application forms, review procedures, issuance, cancellation and other items that shall be obeyed covered in the storage or dilute wastewater permission in the foregoing paragraph.
Those permitted to store and diluting wastewater pursuant to Paragraph 1 shall report wastewater treatment circumstances to special municipality, county or city competent authorities in accordance with the format, content, frequency and method of competent authority regulations.
Article 21
Enterprises or sewage systems shall establish dedicated wastewater and sewage treatment units or personnel positions.
The central competent authority shall determine management regulations for the establishment of dedicated wastewater and sewage treatment units and personnel positions; the qualifications and training of dedicated personnel; the acquisition, revocation and cancellation of qualification certificates for dedicated personnel; and other binding matters.
Article 22
Enterprises or sewage systems shall, in accordance with the format, content, frequency and method of competent authority regulations, report the operation of wastewater and sewage treatment facilities, analysis of effluent water quality and water volume, power consumption records, and other documents related to wastewater and sewage treatment to the special municipality, county or city competent authority.
Central competent authority should determine testing and reporting items for each industry type according to the characteristics of their wastewater; special municipalities, counties or cities competent authority may, based on discharge circumstances, increase testing and reporting items.
Article 23
An analysis laboratory that has been issued a permit by the central competent authority shall be commissioned to perform the analysis of water pollutants, water quality and water volume, with the exception of those circumstances approved by the central competent authority.
The central competent authority shall determine management regulations for the conditions; facilities; qualifications of analysis personnel; application, review, issuance, renewal, revocation, cancellation, suspension of business, resumption of business, checking and evaluation for permits; and other binding matters, and fee collection standards for analysis laboratories.
Article 24
Each industry competent authority shall provide guidance for the improvement of the treatment and discharge of the wastewater and sewage of enterprises and sewage systems; each industry competent authority shall determine guidance regulations for enterprises and sewage systems.
Article 25
The owners, users and managers of building sewage treatment facilities shall perform cleaning work on their own or commission a clearance organization to perform cleaning work.
The construction, management and cleaning of building sewage treatment facilities in the foregoing paragraph shall comply with the regulations of the central competent authority and industry competent authority.
The central competent authority in consultation with the industry competent authorities shall determine management regulations for the manufacture, approval, registration and checking of those building sewage treatment facilities that are prefabricated.
Article 26
Competent authorities at all levels may send personnel bearing identification documents to enter the premises of an enterprise, sewage system or building sewage treatment facility for each of the following verification work matters.
I. The inspection of pollutant sources and wastewater and sewage treatment and discharge circumstances
II. The requesting of relevant information
III. Sampling, flow measurements and the photography of wastewater and sewage treatment and discharge circumstances
When a competent authority at any level performs verification work pursuant to the regulations of the foregoing paragraph, it shall consult with the military authority for those circumstances that involve military secrets.
The verification work in the two foregoing paragraphs may not be evaded, obstructed or refused.
Inspection agencies and personnel shall maintain confidentiality concerning inspected industrial, commercial or military secrets.
Article 27
When there is concern of the serious endangerment of human health, agricultural or aqua cultural production, or drinking water sources due to the discharge of wastewater or sewage by an enterprise or sewage system, the statutory responsible person shall adopt emergency response measures promptly and notify the local competent authority within three hours.
The central competent authority shall determine the circumstances of the serious endangerment of human health, agricultural or aquacultural production, or drinking water sources referred to in the foregoing paragraph.
The central competent authority shall determine the content and implementation methods for the emergency response measures in Paragraph 1.
Under the circumstances in Paragraph 1, in addition to ordering the adoption of necessary control measures, the competent authority shall, for those serious circumstances, also order the suspension of business or the partial or complete suspension of work.
Article 28
Maintenance and preventive measures shall be adopted for those circumstances in which there is concern of the leakage through negligence of pollutants or wastewater or sewage into a water body from the conveyance or storage equipment installed by an enterprise or sewage system; for those circumstances in which leakage through negligence causes the pollution of a water body, emergency response measures shall be adopted promptly and the local competent authority notified within three hours of the occurrence of the accident. In addition to ordering the adoption of necessary control measures, the competent authority shall, for those serious circumstances, also order the suspension of business or the partial or complete suspension of work.
The central competent authority shall determine the content and implementation methods for the emergency response measures in the foregoing paragraph.
Article 29
A special municipality, county or city competent authority may, depending on water pollution conditions within its area of jurisdiction, delineate and officially announce water pollution control zones and shall report such zones to the central competent authority.
The central competent authority shall determine delineations and issue official announcements for those water pollution control zones in the foregoing paragraph that involve two or more special municipalities, counties or cities.
Article 30
The following acts are prohibited within water pollution control zones.
I. The use of agricultural chemicals or chemical fertilizers that causes concern of polluting water bodies designated by the competent authority
II. The dumping of garbage, night soil, sludge, acidic or basic liquid waste, construction waste or other pollutants in water bodies or within a designated distance from their shorelines
III. The use of toxins, drugs or electric current to catch or kill aquatic organisms
IV. The raising of poultry or livestock in water bodies designated by the competent authority or within a designated distance from their shorelines
V. Other behavior sufficient to cause water pollution officially announced as prohibited by the competent authority.
The competent authority shall, depending on actual requirements, officially announce the designated water bodies and designated distance referred to in Paragraph 1, Subparagraphs 1, 2 and 4. However, for those circumstances in which the central competent authority has other regulations, the regulations of the central competent authority shall be followed.
Article 31
In one of the following circumstances, an enterprise or sewage system that discharges wastewater or sewage into a water body that has been delineated as a total quantity control water body shall install on its own an automatic monitoring system in order to monitor effluent water quality and water volume.
I. Those circumstances in which the daily volume of wastewater or sewage discharges exceeds 1,000 cubic meters
II. Those circumstances in which the special municipality, county or city competent authority has determined the enterprise or sewage system to be a major water pollution source
Records of the monitoring results and calibration of the monitoring instruments in the foregoing paragraph shall be maintained and reported to the special municipality, county and city competent authority or central competent authority in accordance with regulations.
Article 32
Wastewater or sewage may not be injected into groundwater bodies or discharged into soil. However, wastewater or sewage that has been treated to the extent that it complies with soil treatment standards and the regulations determined pursuant to Article 18, and has been reviewed and approved by the special municipality, county or city competent authority, issued a permit and reported to the central competent authority for approval may be discharged into soil.
When there is concern with ecological or human health risks due to the deterioration of water quality within the validity period of a discharge permit in the foregoing paragraph, and the special municipality, county or city competent authority considers that the items in the permit shall not be able to protect the water bodies or the risks may be harmful for the public welfare, the authority shall modify permit items or cancel the permit.
The central competent authority in consultation with the relevant industry competent authorities shall determine the targets that may discharge wastewater or sewage into soil in accordance with Paragraph 1, scope of application, items, concentration or total quantity limits, control methods and other binding matters for soil treatment standards.
Those that discharge wastewater or sewage into soil in accordance with soil treatment and crop absorption testing approved by the competent authority and groundwater water quality monitoring plans shall perform testing, monitoring, recordkeeping and reporting tasks in accordance with the format, content, frequency and style designated by the competent authority.
The validity period for permits issued pursuant to Paragraph 1 shall be three years. Those that still wish to continue to use their permits upon expiration shall, within the five-month period starting six months prior to expiration, apply to the special municipality, county or city competent authority for the approval of an extension. Each extension may not exceed three years.
Article 33
When an enterprise stores substances that have been officially announced and designated by the central competent authority, the enterprise shall install facilities for preventing the pollution of groundwater bodies and monitoring equipment, and may apply for related usage matters only after filing said facilities and equipment for future reference with the special municipality, county or city competent authority.
Monitoring, recordkeeping and reporting tasks for the monitoring equipment in the foregoing paragraph shall be performed in accordance with the format, content, frequency and style designated by the competent authority.
The central competent authority shall determine management regulations for the types and installation of facilities for preventing the pollution of groundwater bodies and monitoring equipment in Paragraph 1.