Chapter 7 Penal Provisions
Article 96
Any person who interferes with water conservation or circulation, or pollutes water in a water quality and quantity protection area and ignores the instruction of the authority to discontinue the act shall be punished with a sentence of imprisonment of no more than one year, detention, or a fine of no more than five hundred yuan.
Article 97
Any person who steals, or damages, or by other means, endangers the normal functionalities of essential water supply equipment specified under Articles 43 herein shall be punished with a sentence of imprisonment of no more than five years, detention, or a fine of no more than NT$1,000,000, or a combination thereof.
If the damage or theft under the preceding paragraph causes disasters, the punishment of the offender shall be increased by a half. If the aforesaid act causes the death of others, the offender shall be punished with a sentence of imprisonment of more than five years and less than 12 years, or fined up to NT$10,000,000, or a combination thereof. If the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of more than three years and less than 10 years, or fined up to NT$5,000,000, or a combination thereof.
Any attempt of the offense under paragraph 1 shall be punished.
Article 97-1
Any person who steals, or damages, or by other means, endangers the normal functionalities of the essential facilities or equipment of water collection, storage, diversion, treatment, conveyance, and distribution of water supply enterprise related to public safety herein shall be punished with a sentence of imprisonment of more than one year and less than seven years, or fined up to NT$10,000,000, or a combination thereof.
Any person who commits the offense specified in the preceding paragraph with the intention of endangering national security or social stability shall be punished with a sentence of imprisonment of more than three years and less than 10 years, or fined up to NT$50,000,000, or a combination thereof.
If the damage or theft under the preceding two paragraphs causes disasters, the punishment of the offender shall be increased by a half. If the aforesaid act causes the death of others, the offender shall be punished with a sentence of life imprisonment or imprisonment of more than seven years, or fined up to NT$100,000,000, or a combination thereof. If the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of more than five years and less than 12 years, or fined up to NT$80,000,000, or a combination thereof.
Any attempt of the offenses under paragraph 1 and paragraph 2 shall be punished.
For the essential facilities and equipment of water collection, storage, diversion, treatment, conveyance, and distribution of water supply enterprise related to public safety specified in paragraph 1, the central authority-in-charge shall discuss with the relevant agencies and water supply enterprises to contemplate and announce the factors of scale, water supply volume, location, the degrees of impacts on people's life, health, and property safety, and the impacts on the economy and industry. The same shall apply for amendments made.
Article 97-2
Any person jeopardizes the normal functionalities of core information and communications systems of the facilities or equipment specified in paragraph 1 of the preceding article by any of the following means shall be punished with a sentence of imprisonment of more than one year and less than seven years, or fined up to NT$10,000,000, or a combination thereof:
I.Entering the accounts and passwords, cracking the protection measures of computers, or exploiting loopholes in computer systems to hack into the computers or related equipment without justifiable reason.
II.Interfering with the computers or relevant equipment via computer programs or other electromagnetic means without justifiable reason.
III.Acquiring, deleting, or changing the electromagnetic records of the computers or relevant equipment without justifiable reason.
The same shall apply to those who produce computer programs exclusively for themselves or others to commit the crimes in the preceding paragraph.
Any person who commits the offenses specified in the preceding two paragraphs with the intention of endangering national security or social stability shall be punished with a sentence of imprisonment of more than three years and less than 10 years, or fined up to NT$50,000,000, or a combination thereof.
If the damage under the preceding three paragraphs causes disasters, the punishment of the offender shall be increased by a half. If the aforesaid act causes the death of others, the offender shall be punished with a sentence of life imprisonment or imprisonment of more than seven years, or fined up to NT$100,000,000, or a combination thereof. If the act leads to severe injury of others, the offender shall be punished with a sentence of imprisonment of more than five years and less than 12 years, or fined up to NT$80,000,000, or a combination thereof.
Any attempt of the offenses under paragraph 1 to paragraph 3 shall be punished.
Article 98
The following activities are considered water theft and subject to the punishment of a sentence of imprisonment of no more than five years, detention, or a fine of no more than five hundred yuan.
1. Taking water from the water supply network without the permission of water supply enterprise.
2. Bypassing the water meter by connecting private pipes to water supply network.
3. Vandalizing or modifying the structure of water meter, or rendering the water meter to fail or inaccurate.
4. Taking water from fire hydrant without the permission of water supply enterprise, except for the purpose of extinguishing fire.
Article 98-1
If the water equipment, sanitary ware or other equipment sold for domestic is not labeled with a Water Efficiency Label pursuant to Paragraph 1 of Article 95-1, the juristic persons, groups and individuals shall be punished with a fine of no less than forty thousand yuan and no more than two hundred thousand yuan and ordered to improve its operation within a given period; if the juristic persons, groups and individuals fails to comply, the authority-in-charge may fine the juristic persons, groups and individuals per violation.
Article 99
Any person who builds water supply facilities or operates a water supply enterprise without the approval of authority-in-charge by application according to this Act shall be punished with a fine of no less than one thousand yuan and no more than three thousand yuan.
Article 100
Any person who violates Article 47 herein and fails to take remedial actions within a prescribed period as notified by the authority-in-charge or the water supply enterprise shall be punished with a fine of no more than one thousand yuan.
Article 101
A water supply enterprise shall be punished with a fine of no more than one thousand yuan if its water does not meet the standards stipulated in Article 10 herein.
The person-in-charge of a water supply enterprise, his/her representative, or employee in charge of water quality control who is aware that the water quality supplied is below the standard stipulated in Article 10 herein but continues to supply the water to users and causes diseases shall be punished with a sentence of imprisonment of no more than five years.
Any person who supplies water below the standards stipulated in Article 10 hereof due to negligence shall be punished with a sentence of imprisonment of no more than two years, detention, or a fine of no less than five hundred and no more than one thousand yuan.
Article 102
A water supply enterprise that violates the provisions of Article 32, Article 39 or Article 62 hereof by stopping operation or water supply at its own discretion shall be punished with a fine of no less than two thousand and no more than six thousand yuan .
The person-in-charge of a water supply enterprise, his/her representative, or employee who intentionally violates the provisions of Article 32 or Article 62 by stopping water supply that leads to public endangerment or hazardous events will be sentenced no more than five-year imprisonment. Those who cause suspension of water supply out of negligence which leads to public endangerment or hazardous events will be sentenced no more than two-year imprisonment, community service, and be fined no more than two thousand yuan.
Article 103
A water supply enterprise that disobeys the order of the authority-in-charge issued according to Article 85 herein shall be punished with a fine of no more than three thousand yuan.
Article 104
A water supply enterprise that charge users fees beyond those specified in its approved operating rules shall be punished with a fine that is three times of the overcharge.
A water supply enterprise that charges users fees not according to the approved water rates or basic unit, or charges users additional fees shall be punished with a fine which is three times of the overcharge.
Article 105
A water supply enterprise having any of the conditions below shall be punished with a fine of no more than three thousand yuan:
1. Violating Article 31 herein by running a water supply enterprise without authorized approval.
2. Violating Article 33 herein by breaching the exclusive operation right of other water supply enterprises.
3. Violating Article 34 herein by supplying water to areas outside its water service area.
4. Violating Article 35 herein by transferring the exclusive operation right to others without approval.
5. Violating Article 41 herein by disposing or hypothecating real property or water supply facility.
Article 106
A water supply enterprise having any of the conditions below shall be punished with a fine of no more than five hundred yuan:
1. Violating Paragraph 2 of Article 27.
2. Non-complying with Paragraph 1 of Article 57 in employment.
3. Violating Paragraph 1 of Article 61 by refusing water service.
4. Non-complying with Article 81 in reporting to the authority-in-charge for future reference.
5. Violating Article 86 by refusing inspection.
6. Non-complying with Article 87 in report filing.
7. Violating Article 88 by doing something without authorized approval.
People installing water supply equipment for self-use will be penalized in accordance with the preceding paragraph if they violate any of Article 73 through Article 75.
Article 107
For anyone who violates Paragraph 1 of Article 93 herein in water pipe installation work or a water pipe installation contractor who has had business permit annulled pursuant to Article 93-3, the authority-in-charge will order suspension of business and impose a fine of no more than three hundred yuan.
A water pipe installation contractor who receives the penalty of business suspension for violating subparagraph 2 of Article 93-2 shall be fined no more than three hundred yuan.
Article 108
Anyone who is not a qualified pipe technician but employed by a contractor or whose license has been annulled according to Paragraph 2 of Article 93-5 shall be fined no more than one hundred yuan in addition to being barred from engaging in water pipe installation work.
Article 109
People who fail to pay the fine imposed pursuant to this Act will be turned over to the court for compulsory enforcement.