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Chapter Law Content

Title: Air Pollution Control Act CH
Category: Ministry of Environment(環境部)
Chapter 5. Supplementary Provisions
Article 87
The sources of the special funds established by competent authorities at all levels pursuant to Article 18 (2) shall contain not only the air pollution control fees collected pursuant to Article 16 (1), but also the following incomes:
1.Incomes obtained through trading or auction in the subparagraph 2 of Article 9 (1);
2.Incomes and benefits demanded by competent authorities at all levels pursuant to the preceding article;
3.Partial fines allocated, which are paid by those that violate the Act; and
4.Fines imposed and paid in accordance with the Act, and cash confiscated or demanded due to violation of the Act, or gains on the sale of confiscated items
Article 88
Those public or private premises that possess a stationary pollution source designated and officially announced pursuant to Article 24 (1) and for which the stationary pollution source at issue was installed prior to the official announcement, shall apply for an operating permit pursuant to Article 24 (2) within two years of the day of the official announcement.
Article 89
When the malfunction of facilities related to a stationary pollution source causes violation of the Act, those public or private premises that promptly implement response measures and handle the malfunction pursuant to the following regulations may be exempt from penalties imposed pursuant to the Act.
1.Report to the special municipality, county or city competent authority within one hour of the malfunction;
2.Repair the facilities or suspend operations within 24 hours of the malfunction; and
3.Submit a written report to the special municipality, county or city competent authority within 15 days of the malfunction.
Article 90
Those public or private premises that, prior to engagement in the following acts, have already applied to the special municipality, county or city competent authority and received authorization shall be exempt from penalties imposed pursuant to the Act.
1.Fire drills;
2.Burning of infected animals or plants for the emergency control of the spread of infectious diseases;
3.Engagement in burning of forests and fields with an permit to ignite fires in forests and fields; or
4.Other acts officially announced by the central competent authority.
When meteorological conditions are disadvantageous to the dispersal of pollutants, there is a trend towards a significant deterioration in air quality, or public or private premises fail to perform implementation in accordance with authorization contents, the special municipality, county or city competent authority may order the postponement or suspension of the implementation of the authorized acts in the preceding paragraph.
Article 91
Competent authorities at all levels shall collect such official fees as review fees, testing fees and certificate fees for the performance of testing, the issuance of permits and certificates, and the review of and permitting for all applications accepted pursuant to the Act.
The central competent authority in consultation with relevant agencies shall determine the fee collection standards stated in the preceding paragraph.
Article 92
Victims of air pollution may apply to competent authorities at all levels for appraisal of the reason for being victimized. Competent authorities at all levels may, after investigating the reason in conjunction with relevant agencies, order those that emit air pollutants to make improvements promptly and the victims may seek appropriate compensation.
Article 93
When public and private premises violate the Act or relevant orders determined pursuant to the authorization of the Act and competent authorities at all levels are negligent in enforcement, victims or public interest groups may notify competent authorities at all levels in writing of the details of the negligent enforcement. For those competent authorities that have still 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 name the competent authorities at issue as defendants and file a lawsuit directly with an administrative court based on the negligent behavior of the competent authorities in the execution of their duties, in order to seek a ruling ordering the competent authorities to execute their duties.
When issuing a verdict on the lawsuit in the preceding paragraph, the administrative court pursuant to its authority may order the defendant agencies to pay the appropriate lawyer fees, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the maintenance of air quality.
The central competent authority in consultation with relevant agencies shall officially announce the format of the written notification in Paragraph 1.
Article 94
Citizens or groups may report any violation by public or private premises of the provisions of the Act or air pollutants emitted by in-use motor vehicles by submitting a description of facts or supporting information to the special municipality, county or city competent authority.
The special municipality, county or city competent authority shall determine regulations for report and reward in the preceding paragraph.
In the case that public or private premises are reported, and are fined based on the facts that are verified, then the fines that have reached a specific amount may be allocated at a specific percentage as rewards for the informants.
The special municipality, county or city competent authority shall keep confidential the identity of the person reporting pursuant to Paragraph 1.
Article 95
Those public or private premises shall not discharge, transfer, reduce in wage or otherwise take any adverse disposition against their dedicated air pollution control personnel or other employees for their disclosing an action which violates the Act to competent authorities at any level, or to judicial authorities,or for becoming witnesses of litigation proceedings or refusing to participate in an action which violates the Act.
Any dismissal, demotion, reduction of wage or adverse disposition imposed by public or private premises or their employees who exercise the managerial authority on behalf of the public or private premises for such reasons as prescribed in the preceding paragraph shall be null and void.
If those dedicated air pollution control personnel or other employees of public or private premises are penalized for such reasons as prescribed in Paragraph 1, the public or private premises shall have the duty to prove that the adverse disposition is not associated with the action provided in Paragraph 1.
If those dedicated air pollution control personnel or other employees of public or private premises commit offenses against privacy or offenses of breach of trust provided in the Criminal Code and other special criminal statutes for their disclosure, penalties for such personnel or employees shall be reduced or exempted.
If those dedicated air pollution control personnel or other employees of public or private premises who have participated in actions violating the provisions of this Act and under criminal responsibility disclose such actions to competent authorities at any level or confess to judicial authorities so that other principal offenders or accomplices are arrested, penalties for such personnel or employees shall be reduced or exempted.
Competent authorities at all levels shall provide necessary legal assistance for those dedicated air pollution control personnel or other employees of public or private premises who receive an adverse disposition due to the reasons stated in Paragraph 1.
The central competent authority shall determine regulations for application qualifications, scope of support, review methods, proxy and other relevant matters.
Article 96
The severe circumstances referred to in Subparagraph 1 of Article 30 (1) and Articles 59, 61, 62 (1), 64, 65 (1), 67 (2) and 68 mean any of the following circumstances.
1.Those circumstances in which a pollution source that fails to legally register or obtain permission violates the Act;
2.Those circumstances in which a violator, after punishment, voluntarily reports the suspension of work and the implementation of improvements, and verification checks prove this to be untruthful;
3.Those circumstances in which a violator, having been notified twice within one year to make improvements within a limited period, still continues violating the Act;
4.Those circumstances in which a large quantity of air pollutants is emitted and seriously impacts the air quality of nearby areas;
5.Those circumstances in which there is concern of the endangerment of public health due to the emission of air pollutants that contain toxic substances;
6.Those circumstances in which air pollutants are emitted through exhaust pipes not authorized in operating permits granted to stationary pollution sources, or the flow direction of waste gases is adjusted so that air pollutants are emitted through the collection or treatment facilities that are not authorized in the permits; or
7.Other acts that seriously impact the air quality of nearby areas.
Competent authorities at all levels shall publish public or private premises that are determined to cause any of the severe circumstances in the preceding paragraph. The competent authority in charge of the industry or the competent authorities in charge of legislation that has provided preferential treatment to such public or private premises shall terminate the incentive and recover the benefits to which the public or private premises were entitled for the year(s) in which the violation occurred, and shall not entitle the public or private premises with government preferential treatment within three years thereafter.
The term “preferential treatment” used in the preceding paragraph includes business incentives, subsidies, donations, reduction of taxes, rents and fees, and any kind of preferential treatment providing by the central or local government in accordance with the law or administrative actions.
Article 97
Those public or private premises that are ordered by the special municipality, county or city competent authority to suspend operation of pollution sources, suspend work or business pursuant to Article 59, 61, 62 (1), 64, 65 (1), 67 (2) or 68, or those that are ordered by the special municipality, county or city competent authority to make improvements and that voluntarily report suspension of work or business, shall, prior to the resumption of operation of pollution sources or the resumption of business or work, submit a trial operation plan and apply to the special municipality, county or city competent authority for trial operation. The trial operation shall only be performed after the approval of the special municipality, county or city competent authority. The public or private premises shall submit verification documents demonstrating compliance with emission standards to the special municipality, county or city competent authority for its assessment prior to the expiration of the period of trial operation, and shall resume operation or resume work or business only after passing the assessment made by the special municipality, county or city competent authority.
The central competent authority shall determine regulations for trial operation, assessment and other binding matters in the preceding paragraph.
Article 98
Public or private premises shall publish the trial operation plans submitted in Paragraph 1 on the websites designated by the central competent authority to the general public for reference.
Special municipality, county or city competent authorities shall provide opportunities for interested parties and non-profit organizations to give opinions to special municipality, county or city competent authorities for reference. For those that are reviewed in a meeting, the minutes of the meeting shall be made after the meeting and published on the websites designated by the central competent authority.
Article 99
The central competent authority shall determine the enforcement rules of the Act.
Article 100
The Act shall be effective as of the date of promulgation.