Each industry competent authority shall provide guidance to enterprises on the prevention and remediation of soil and groundwater pollution.

The fees that shall be paid pursuant to articles 43 or 44 shall have priority over all creditor’s rights and mortgage rights.

Before a polluter or person potentially responsible for pollution, interested party of the polluted land, site user, administrator, or owner is declared bankrupt or adjudicated by court to undergo corporate reorganization, expenditures that shall be paid pursuant to articles 43 or 44 shall be deemed due bankruptcy creditor’s rights or reorganization creditor’s rights at the time of bankruptcy declaration or corporate reorganization ruling.

(a) The zoning of use or category of land belonging to the polluter, person potentially responsible for pollution, or interested party within the pollution control zone of a remediation site may not be changed, and the land may not be used for any purpose violating control items of the soil and groundwater pollution control zone.
(b) When the land development plan to be implemented by a land developer in accordance with other laws and regulations involves polluted land on a soil and groundwater pollution remediation site, the land development plan may be submitted concurrently with the soil and groundwater pollution remediation plan in article 22, and shall be reviewed in accordance with relevant laws and regulations; implementation of the land development plan may begin only after its deletion from regulatory list of the soil and groundwater pollution remediation site has been publicly announced.
(c) Before its deletion from regulatory list of the soil and groundwater pollution remediation sites has been publicly announced as provided in the preceding paragraph, and the land development plan is to be implemented, the land developer shall pay 30% of the present value of the original polluted area of the remediation site into the Soil and Groundwater Pollution Remediation Fund, where the present value is calculated by adding 40% to the publicly announced present value of the land for the current year after the change of the land, provided however, that if the land developer had already submitted and completed a remediation plan prior to the day the special municipality, county, or city competent authority submitted a remediation plan, the case shall not be subject to this restriction.

(a) When soil and groundwater pollution causes a third party to suffer damage, and there are multiple polluters or persons potentially responsible for pollution, the polluter or persons potentially responsible for pollution shall have joint and several liability for compensating damages; likewise, in the case of an interested party of the polluted land who has committed gross negligence.
(b) An interested party of the polluted land who has paid compensation for damages pursuant to preceding paragraph shall have the right to seek compensation from the polluter or person potentially responsible for pollution.

Articles 7, 12 to 15, 22, 24, 25, 37, 38 and 43 paragraphs 1 to 3, 5,7 to 9 of the Act shall apply to the liability of polluters, persons potentially responsible for pollution, controlling companies or shareholders holding a majority of the company’s total outstanding shares in the case that the soil or groundwater pollution has occurred prior to the effective date of this Act.

(a) When a public or private premise violates this Act or a regulation prescribed pursuant to the authorization of this Act and the competent authority is negligent in enforcement thereof, victims or public interest groups may notify the competent authority in writing stating the specific contents of the negligence in enforcement. When a competent authority has failed to carry out enforcement in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may designate the competent authority at issue as a defendant and file a lawsuit directly with an administrative court based on the negligent behavior of the competent authority in the execution of its duties in order to seek a judgment ordering the competent authority to carry out enforcement.
(b) When rendering a judgment on the lawsuit in the preceding paragraph, the administrative court pursuant to its authority may order the defendant agency to pay the appropriate lawyer fees, detection and appraisal fees, and other litigation costs to plaintiffs that have made specific contributions to soil or groundwater pollution remediation.
(c) The central competent authority shall prescribe the format of the written notification in paragraph 1.

The central competent authority shall prescribe the standards of fees collected by competent authorities at all levels pursuant to this Act.

The central competent authority shall prescribe the enforcement rules of this Act.

Except article 11, which shall take effect one year after the promulgation of this Act, the remainder of this Act shall take effect on the date of promulgation.