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Chapter Law Content

Title: Drinking Water Management Act CH
Category: Ministry of Environment(環境部)
Chapter 5 Penal Provisions
Article 16
Those for whom one of the following circumstances applies shall be punished by a maximum of one year of imprisonment or detention, and may be fined a maximum of NT$60,000.
1. Circumstances in which Article 5, Paragraph 1 is violated by failure to comply with the prohibition of the activities at issue, after notification is given in accordance with Article 20.
2. Circumstances in which Article 6, Paragraph 1 is violated by failure to comply with the prohibition of the activities at issue, after notification is given in accordance with Article 21.
3. Circumstances in which Article 11, Paragraph 1 is violated by failure to comply with the prohibition of the activities at issue, after notification is given in accordance with Article 24.
Those that commit violations mentioned in the foregoing paragraph thereby causing human death shall be punished with not more than seven years’ imprisonment and may be fined a maximum of NT$300,000. Those who cause severe damage shall be sentenced to up to five years imprisonment and may be fined not more than NT$150,000.
Article 17
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Article 18
Those that violate Article 13 shall be sentenced up to one-year imprisonment or detention, and may be fined up to NT$60,000.
Article 19
For circumstances in which a representative of a juridical person, or an agent, employee or other working personnel of a juridical person or natural person, violates, due to the performance of business activities, Article 16 or Article 18, in addition to the violator being punished pursuant to the regulations of each article violated, the said juridical person or natural person shall also be fined pursuant to the regulations of each article violated.
Article 20
Those that violate Article 5, Paragraph 1 shall be fined NT$100,000 to NT$1 million and shall be notified of the prohibition of the activities at issue.
Article 21
Those that violate Article 6, Paragraph 1 shall be fined NT$60,000 to NT$600,000 and shall be notified of the prohibition of use of the water body as a drinking water source.
Article 22
Those that violate Article 8 shall be fined NT$10,000 to NT$100,000, and shall be notified to make corrections within a limited time period; those who have still failed to make corrections by the deadline shall be fined per violation.
Article 23
When one of the following circumstances applies for public or private premises that provide stationary continuous water supply equipment to the public for drinking water, the said premises shall be issued a fine of NT$10,000 to NT$100,000 and shall be notified to make improvements within a limited time period. Those that have still failed to make improvements by the deadline shall be fined per violation.
1. Where there is failure to maintain stationary continuous water supply equipment, keep maintenance records, post, adhere to the validity period in accordance with Article 9; or where there is a violation of management regulations related to maintenance methods, maintenance frequency, record production, posting of records or determined validity periods, pursuant to said article.
2. Where there is failure to sample, test or post water quality conditions, or to keep and post records of water quality conditions in accordance with Article 12, Paragraph 1; or where there is a violation of management regulations related to water quality testing items, testing frequency, random testing methods for equipment, record production, posting of records or determined validity periods, pursuant to said article.
Article 24
Public or private premises providing drinking water for public drinking that violate Article 11, Paragraph 1 shall be fined NT$600,000 and shall be notified to make improvements within a limited period; those that have still failed to complete improvements by the deadline shall be issued consecutive daily fines. In severe circumstances, the public or private premises shall be prohibited from providing drinking water.
Article 24-1
Violators of regulations pursuant to Article 12-1, Paragraph 2 shall be fined NT$50,000 to NT$500,000 and shall be notified to make improvements within a limited time period; those that have still failed to complete improvements by the deadline shall be issued consecutive daily fines. In severe circumstances, orders may be issued for the suspension of business and, when necessary, certification may be cancelled.
Article 24-2
Public or private premises that fail to submit verification documents demonstrating compliance with drinking water quality standards and other regulations to the competent authority for verification by the deadline given in the notifications to make improvements, or that fail to report or make adjustments ordered pursuant to Article 22, Article 23, Article 24 or Article 24-1, shall be considered to have failed to complete improvements.
If the verification documents demonstrating compliance with drinking water quality standards mentioned in the foregoing paragraph are testing reports that have been provided by an environmental analysis laboratory that has been issued a certification by the central competent authority, the competent authority may forego water quality sampling and testing.
Article 24-3
The central competent authority shall determine the starting date, temporary suspension dates, termination date, improvement completion verification checks and other binding matters for consecutive daily fines referred to in this Act.
Article 25
Those that evade, obstruct or refuse to undergo verification pursuant to Article 15, or fail to provide samples or data, or provide false samples or data, shall be fined NT$30,000 to NT$300,000 and may be fined per violation and be subject to enforced compulsory verification.
Article 25-1
Those that have been given notice to make improvements within a limited time period pursuant to this Act, but due to natural disaster or other force majeure are unable to complete improvements in a timely manner through their improvement measures and construction plans, shall resume making improvements after the cause of delay no longer exists, and shall within ten days thereafter apply to the original approving agency for approval of a revised improvement period, by submitting a written explanation of cause and relevant verification documents.
Article 26
Unless other regulations in this Act apply, penalties determined in this Act shall be assessed by the Environmental Protection Administration, Executive Yuan, at the central government level, the municipal government in special municipalities and the county or city government in counties or cities.
Article 27
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