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Chapter Law Content

Title: Water Pollution Control Act CH
Category: Ministry of Environment(環境部)
Chapter 5 Supplementary Provisions
Article 67
Competent authorities at all levels shall collect such official fees as review fees, testing fees and certificate fees for the issuance of permits, the acceptance of modifications of registration, and the review of and permitting for all applications accepted pursuant to this Act.
The central competent authority in consultation with the relevant agencies shall determine fee collection standards for the foregoing paragraph.
Article 68
The central competent authority shall designate and officially announce methods and quality control items for all testing determined in this Act.
Article 69
Enterprises and sewage systems shall publish the approval documents on the website designated by the central competent authority, which include the water pollution control permit (document) approved by the competent authority, documents declared based on this Act and the ID information of environmental engineers, dedicated wastewater treatment personnel and environmental inspection and testing institutions.
Competent authorities at all levels may, based on the requirements for water pollution control research, provide individual or statistical data of enterprises, sewage systems and building sewage treatment facilities that is related to research to academic research agencies and organizations, environmental protection enterprises, technical consulting organizations and juridical associations. The central competent authority shall officially announce the principles for the provision of such data.
Competent authorities at all levels may, when necessary, publish the individual and statistical information of the checking and punishing of enterprises, sewage systems, building sewage treatment facilities, environmental engineers, dedicated wastewater treatment personnel and environmental inspection and testing institutions on the website designated by the central competent authority.
Article 70
Victims of water pollution may apply to the competent authority for appraisal of the reason for being victimized; the competent authority may, after investigating in conjunction with the relevant agencies, order those that discharge water pollutants to make improvements promptly and the victims may seek appropriate compensation.
Article 71
The competent authority shall be order the polluter to perform clearance and disposal within a limited period for the occurrence of a pollution incident on a surface water body; when the clearance and disposal is not performed by the deadline, the competent authority may perform clearance and disposal in place of the polluter and seek compensation from the polluter for necessary clearance and disposal, improvement and derivative expenses.
The right to seek compensation for necessary expenses of the foregoing paragraph shall take precedence over all creditor rights and collateral rights.
Article 71-1
In order to secure the compulsory enforcement of the payment of necessary expenses as mentioned in the preceding article and the gained benefits from Article 66-2, the competent authority may enforce provisional seizure and provisional seizure of debtor property.
Article 72
When an enterprise or sewage system violates this Act or related orders determined pursuant to the authorization of this Act and the competent authority is negligent in enforcement, victims or public interest groups may notify the competent authority 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 authority at issue as a defendant and directly file a lawsuit with a high administrative court based on the negligent behavior of the competent authority in the execution of its duties in order to seek a ruling ordering the competent authority to execute its duties.
When issuing a verdict on the lawsuit in the foregoing paragraph, the high administrative court pursuant to its authority may order the defendant agency to pay the appropriate lawyer fees, monitoring and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the maintenance of the quality of water bodies.
The central competent authority in consultation with the relevant agencies shall determine the format of the written notification in Paragraph 1.
Article 73
The severe circumstances referred in Article 40, Article 43, Article 46, Article 46-1, Article 49, Article 52, Article 53, and Article 54 mean one of the following:
I. Circumstances in which a pollution source that fails to legally register or obtain permission violates the regulations of this Act.
II. 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.
III. Circumstances in which a violator, having been notified twice within one year to make improvements within a limited period, still continues to violate the regulations of this Act.
IV. Circumstances in which an enterprise within an industrial park that treats its wastewater or sewage through the sewage system of the industrial park violates relevant sewer regulations and orders and, having been notified by the sewage organization pursuant to the Sewer Act to suspend use due to severe circumstances, still continues to discharge wastewater or sewage.
V. Circumstances in which the competent authority determines that a discharge of large quantities of pollutants has seriously impacted the quality of nearby water bodies.
VI. Circumstances in which the competent authority determines that there is concern of the endangerment of public health due to the discharge of wastewater or sewage that contains substances harmful to human health.
VII. Other acts that the competent authority has determined to have seriously impacted the quality of nearby water bodies.
The competent authority shall publish enterprises that have been determined to be severe circumstances in the foregoing paragraph. The relevant industry or legislation competent authorities in charge of providing preferential treatment shall terminate the incentive and recover the benefits to which the enterprises were originally entitled for the year(s) in which the violation occurred and shall not entitled these enterprises with government preferential treatment within 3 years thereafter.
The term “preferential treatment” depicted in the preceding paragraph includes industry incentive, subsidy, donation, the reduction of tax, rent, fee and any kind of preferential treatment providing by central or local government according to law or administrative actions.
Article 74
The central competent authority shall determine the enforcement rules of this Act.
Article 75
This Act shall take effect on the date of promulgation.