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Chapter Law Content

Title: Waste Disposal Act CH
Category: Ministry of Environment(環境部)
Chapter 3 Disposal of Industrial Waste
Article 28
The disposal of industrial waste, with the exception of that subject to reuse methods, shall be performed in accordance with the following methods:
I.Self-clearance and disposal.
II.Joint clearance and disposal: enterprises submit an application to the industry competent authority for permission for the establishment of a joint waste clearance and disposal organization to clear and dispose of the category of waste at issue.
III.Commissioned clearance and disposal:
A.Commission a public and private waste clearance and disposal organization that has received competent authority permission for the clearance and disposal of the category of waste at issue to perform clearance and disposal.
B.Commission the enforcement authority to perform clearance and disposal after receiving enforcement authority’s consent.
C.Commission a clearance and disposal facility installed by the industry competent authority itself or through its guidance to perform clearance and disposal.
D.Commission a waste clearance and disposal facility installed by a public enterprise designated by the competent authority to perform clearance and disposal.
E.Commission a clearance and disposal facility installed by a private organization that has signed an investment contract with the sponsoring authority pursuant to the Promotion of Private Participation in Infrastructure Projects Act to perform clearance and disposal.
F.Commission a waste disposal facility of an enterprise receiving permission pursuant to the management regulations prescribed by Article 29, Paragraph 2 to perform disposal.
IV.Other methods that receive central competent authority’s permission.
Enterprises designated and officially announced by the central competent authority shall employ professional technical personnel; for the enterprises adopting self-clearance and disposal of their waste, the management regulations governing the conditions, permission, permission deadlines and cancellation of the clearance equipment and disposal facilities and other matters required to be complied with shall be enacted by the central competent authority in conjunction with the central industry competent authority
The management regulations governing the conditions, classification, permission, permission deadlines, cancellation, hiring of professional technical personnel, operation, operational records of joint clearance and disposal organizations referred to in Paragraph 1, Subparagraph 2 and other matters required to be complied with shall be enacted by the central industry competent authority in conjunction with the central competent authority.
The management regulations governing the hiring of professional technical personnel, operation, operational records of the waste clearance and disposal facilities set up through the guidance per Paragraph 1, Subparagraph 3, Item 3 and other matters required to be complied with shall be enacted by the central industry competent authority in consultation with relevant agencies.
The management regulations governing the hiring of professional technical personnel, operation and operational records of the waste clearance and disposal facilities set up per Paragraph 1, Subparagraph 3, Item 4 and 5 and other matters required to be complied with shall be enacted by the central competent authority in consultation with relevant agencies.
In the case that the enforcement authority is entrusted to clear and dispose of general industrial waste as referred to in Paragraph 1, Subparagraph 3, Item 2, it shall not accept the assignment until there is surplus disposal capacity left after disposing the following general waste. In addition, it shall collect fees in accordance with the industrial waste clearance and disposal fee standards enacted by the special municipality, country or city competent authority, and process the declaration in conjunction with the enterprise in question in accordance with Article 31, Paragraph 1, Subparagraph 2. The aforesaid “general waste” is as follows:
I.Waste which falls in the area designated for clearance.
II.Waste which is required to be disposed of through regional alliance or cross-region cooperation in accordance with Article 7 of this Act and Article 24-1 of the Local Government Act.
III.Waste which is under the central competent authority’s arrangement for disposal.
Facilities operated for the clearance and disposal of general waste or general industrial waste shall not simultaneously clear or dispose of hazardous industrial waste.
Under the circumstances where the enforcement authority’s disposal of the general waste referred to in Paragraph 6, Subparagraph 1 and 2 is not affected, the central competent authority may dispatch existing waste clearance and disposal facilities if necessary, and such dispatch shall not be rejected upon request.
The regulations governing the terms, methods, expenses of the dispatch referred to in the preceding paragraph and other matters to be complied with shall be enacted by the central competent authority.
Article 29
When there is surplus disposal capacity in an industrial waste disposal facility, it may be used by other enterprises with the permission of the competent authority with local jurisdiction, and it shall not be subject to the restrictions of Article 31, Paragraph 1, Subparagraph 1 or Article 41.
The competent authority in consultation with the central industry competent authority shall determine management regulations for conditions, permission procedures, permission deadlines and other binding matters for the surplus disposal capacity in the foregoing paragraph.
Article 30
When an enterprise commissions clearance and disposal of its waste, it shall take up joint liability with the commissioned agency for the clearance of the waste. If the commissioned agency fails to properly clear the waste and the commissioning enterprise does not exercise its due care, the commissioning enterprise and commissioned agency shall be liable for joint environmental clearance and improvement in terms of the waste.
The determined elements of the exercise of the due care of the commissioning enterprise referred to in the foregoing paragraph, precautions, management measures and other related matters shall be enacted by the central competent authority.
Article 31
Enterprises of a certain scale that are designated and officially announced by the central competent authority shall perform the following matters within a certain time period demanded by the official announcement:
I.Operations may begin only after the review and approval of an industrial waste disposal plan submitted to the special municipality, county or city competent authority or the organization commissioned by the central competent authority; this regulation shall also apply to the modification of matters related to the production and disposal of industrial waste.
II.In accordance with the format, items, content and frequency stipulated by the central competent authority, report to the special municipality, county or city competent authority via the Internet the circumstances regarding the production, storage, clearance, disposal, reuse, export, import, transit and transshipment of the waste at issue. However, those circumstances in which the central competent authority allows the submission of written reports shall not be subject to this restriction.
III.Industrial waste clearance and transport machinery designated and officially announced by the central competent authority shall be installed with real-time tracking systems in accordance with the specifications designated by the central competent authority, and shall maintain normal operation.
The format of the industrial waste disposal plan referred to in subparagraph 1 of the foregoing paragraph and the items required to be stated in the plan shall be enacted by the central competent authority in consultation with the central industry competent authority.
The regulations governing the review operation, change, withdrawal and revocation of the industrial waste disposal plan referred to in subparagraph 1 of the foregoing paragraph and other matters required to be complied with shall be enacted by the central competent authority.
An enterprise referred to in Paragraph 1 that is required to follow the regulations to conduct an environmental impact assessment shall attach the industrial waste disposal plan to its submission of the documents related to the environmental impact assessment to the special municipality, county or city competent authority for review. After passing the environmental impact assessment review, the special municipality, county or city competent authority may grant approval directly.
Those that perform the clearance and disposal of industrial waste produced by an enterprise designated and officially announced per Paragraph 1 shall file their declaration according to Paragraph 1, Subparagraph 2.
Article 32
The industry competent authority, development unit or management unit of a newly-established industrial park or science park shall plan and install industrial waste disposal facilities within or outside of the park; the industrial park or science park at issue may start operations only after the completion of the installation of industrial waste disposal facilities.
The industry competent authority, development unit or management unit of an existing industrial park or science park shall complete the installation of industrial waste disposal facilities within six months after the promulgation of revisions to this Act; after receiving central industry competent authority approval, the installation shall be completed no later than December 31, 2004.
Article 33
When an enterprise is unable to perform the disposal of industrial waste it has produced and there is no industrial waste disposal organization to be commissioned for disposal, the enterprise shall properly store the industrial waste it has produced.When necessary, the industry competent authority may collect fees from an enterprise in order to itself or through guidance install industrial waste disposal facilities or perform temporary storage.
Article 34
When an enterprise is unable to manage self-generated industrial waste and when there is no industrial waste management organization to be commissioned for management, the industry competent authority may in consultation with the central competent authority officially announce enterprises in designated area shall to send their industrial waste to industrial waste management facilities that are established by or through the guidance of the industry competent authority.
Article 35
For hazardous industrial waste that requires special treatment technology, the competent authority may in consultation with the central industry competent authority install appropriate facilities, and store, clear or dispose for them and collect essential fee.
Hazardous waste in the foregoing paragraph shall be officially announced by the competent authority in consultation with the central industry competent authority.
Article 36
Methods and facilities for storage, clearance and disposal of industrial waste shall meet regulations designated by the central competent authority.
Standards for methods and facilities for storage, clearance and disposal of industrial waste in the foregoing paragraph shall be determined by the central competent authority.
Article 37
The operation and monitoring for methods and facilities for storage, clearance and disposal of industrial waste shall be recorded in details and kept for at least three years for future reference.
The management regulations for categories, methods, frequency and other binding matters for the testing in the foregoing paragraph shall be determined by the central competent authority.
Article 38
The import, export, transit and transshipment of industrial waste may commence only after receipt of permission granted by the special municipality, county or city competent authority; for hazardous industrial waste, additional approval from the central competent authority is necessary. However, wastes that are officially categorized as industrial raw material by the central competent authority after consultation with the industry competent authority are not subject to this provision.
Hazardous industrial waste shall give priority to domestic treatment and recycling and can only be exported to member countries of the Organization for Economic Co-operation and Development, or countries which signed bilateral agreement with the Republic of China for transboundary movement of hazardous industrial waste in accordance with international convention, or other states/regions that are announced by central competent authority. The waste disposal organizations of the state of import shall be capable of performing follow-up treatment and recycling in environmentally sound manner.
The management regulations for the qualifications of the applicant, documents, review, permission, permission deadlines, revocation and other binding matters for import, export, transit and transshipment of the industrial waste in the foregoing 2 paragraphs shall be determined by the central competent authority.
Industrial waste shall be banned from importation if one of the following circumstances applies; the category shall be determined by the central competent authority after consultation with the central industry competent authority.
I.Evidence exists that the waste will severely endanger human health or the living environment.
II.No appropriate treatment technology and equipment is domestically available for the waste.
III.The waste is to be directly solidified, landfilled, incinerated or disposed of at sea.
IV.The waste cannot be properly disposed of domestically.
V.The waste is an obstruction to domestic waste management.
The import, export, transit or transshipment of general waste that is subject to the international conventions, such as the Basel Convention, may be performed pursuant to the foregoing four paragraphs.
Paragraph 2 goes into force one year after the revised provision is promulgated on May 26th 2017. Permits that are acquired prior to the promulgation are due by the original expiry date.
Article 39
Reuse of industrial waste shall be processed in accordance with the regulations stipulated by the central industry competent authorities or central competent authority, and shall not be restricted by Article 28 or Article 41.
The management regulations governing the category, quantity, permission, permission deadlines, cancellation, records, declaration and labeling of the reused products of the reuse industrial waste referred to in the foregoing paragraph and other matters required to be complied with shall be enacted by the central industry competent authority in consultation with the central competent authority and the reuse industry competent authority. However, when the industrial waste involves the reuse of two or more industries, the central competent authority is responsible for enacting a unified regulation for reuse categories and management methods if considering it necessary.
Article 39-1
The central industry competent authority shall be responsible for the whereabouts of the reuse products which are designated by the central competent authority, and shall conduct environmental monitoring when necessary when:
I.The reuse products are used in sea or land reclamation;
II.The reuse products are used improperly and are likely to endanger the environment or human health; or
III.The central competent authority considers it necessary to strengthen the control of such reuse products.
The monitoring requirements, sampling frequency, sampling methods, testing methods and procedure, and other relevant matters of the aforesaid environmental monitoring shall be enacted by the central industry competent authority in consultation with the central competent authority and reuse industry competent authority.
Article 40
When an enterprise endangers human health or agricultural or fishery operations while storing, clearing or disposing of industrial waste, the competent authority shall promptly order it to make improvements and adopt emergency measures.When necessary, orders may be issued for the suspension of work or suspension of business.