Chapter 6 Supplementary Provisions
Article 42
An enterprise that can use disposal methods other than those designated in these Standards to dispose of industrial waste produced by the enterprise or accepted under commission and achieve better detoxification, compaction or volume reduction results shall submit the following documents to the local competent authority of the disposal facility place of business in application to do so; the local competent authority may approve the application and forward it to the central competent authority for approval; when approved, such enterprises shall not be subject to the disposal method restrictions of Article 19 to 21:
I. Waste characteristics, composition, and constituent analysis.
II. Disposal methods, principles, and processes.
III. Explanation of major equipment and its functions.
IV. Pollution control plan.
V. Proof of actual commercial operation: documents in foreign languages shall be notarized by a notary public or a notary organization in the local country and be authorized by an overseas mission of the Republic of China. The documents shall also be translated into Chinese and the Ministry of Foreign Affairs shall verify that the documents are consistent in meaning in both Chinese and the foreign language or a domestic translator shall submit an affidavit for notarization by a domestic court. Enterprises in the China area shall obtain attestation by the Straits Exchange Foundation.Enterprises with no actual commercial operation overseas or domestically shall submit relevant documentary proof.
VI. Other items designated by the central competent authority.
Other enterprises with identical conditions and equipment need not submit an application pursuant to the foregoing paragraph after the central competent authority has approved of disposal methods pursuant to the foregoing paragraph, and has made an official announcement to that effect.
Article 43
An enterprise that implements the clearance and disposal of industrial waste using the methods designated in Article 28, Paragraph 1, Subparagraphs 2 to 4 of this Act shall first sign a written contract with the commissioned disposal organization before clearance or obtain verifying documentation approving the disposal issued by the enforcement authority.
The written contract or the verifying documents approving the disposal of the foregoing paragraph must explicitly state the type and quantity of industrial waste and the disposal deadline before implementing clearance itself or entrusting the clearance of the waste to a commissioned disposal organization for disposal.
When industrial waste commissioned for clearance and disposal is waste for which the central competent authority has officially announced that a waste test report shall be submitted, the enterprise shall attach within six months of signing the written contract a waste test report based on legal sampling and testing submitted by an analysis laboratory that has been accredited by the central competent authority.
If the commissioned clearance and disposal organizations in the first paragraph are not the same organization, the enterprise shall sign separate written clearance and disposal contracts. However, an enterprise that is smaller than the specific size officially announced by the central competent authority may sign a joint written clearance and disposal contract.
Article 45
The central competent authority shall officially announce the labels referred to in these Standards.
Article 46
These Standards shall take effect from the date of promulgation.