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Chapter Law Content

Title: Waste Disposal Act CH
Category: Ministry of Environment(環境部)
Chapter 2 The Disposal of General Waste
Article 11
With the exception of general waste that shall be cleared pursuant to the following regulations, general waste in designated clearance areas shall be cleared by the enforcement authority.
I.For land or buildings related to public sanitation, the owner, manager or user shall perform clearance.
II.For covered walkways or sidewalks connected to land or buildings, the owner, manager or user of the land or building at issue shall perform clearance.
III.For roadways or public spaces that are used for special purposes, the user shall perform clearance.
IV.For general waste abandoned and left on site by the owner after the occurrence of a fire or disaster, the building owner or manager shall perform clearance; for those lacking the capacity to perform clearance, the enforcement authority shall perform clearance.
V.For general waste left after the demolition of a building, the original owner, manager or user shall perform clearance.
VI.For the excrement and urine of livestock or poultry on roadways or other public premises, the owner or manager shall perform clearance.
VII.For the sludge matter of septic tanks, the owner, manager or user shall perform clearance.
VIII.For the road surfaces and drainage gutters of public lanes or alleys with widths of four meters or less, the households on opposite sides or adjacent sides shall each perform clearance of half.
IX.For roadway traffic islands, greenbelts, parks and other public premises, the management organization shall perform clearance.
Article 12
The transport, sorting, storage, discharge, methods, equipment and reuse of general waste recycling, clearance and disposal shall comply with the regulations of the central competent authority; the central competent authority shall determine regulations for these matters.
The enforcement authority may, based on the special characteristics of designated clearance areas, add general waste sorting, storage and discharge regulations in the foregoing paragraph, and shall report these to the higher competent authority for future reference.
Article 13
Enforcement authorities at all levels shall, based on actual needs, install general waste recycling and storage equipment at appropriate locations and public premises.
Article 14
The enforcement authority shall be responsible for the clearance of general waste and shall perform appropriate sanitary disposal. However, for general waste produced outside of households, the enforcement authority may designate clearance methods and disposal premises.
For the clearance and disposal of general waste referred to in the foregoing paragraph, the enforcement authority may, after receiving approval from a higher competent authority, commission a public or private waste clearance and disposal organization or perform the clearance and disposal in accordance with the methods announced or approved by the central competent authority.
Article 15
For articles and the packaging and containers thereof that, after consumption or use, are sufficient to produce general waste possessing one of the following characteristics and cause concern of serious pollution to the environment, the manufacturer or importer of the articles and the packaging and containers thereof at issue or the manufacturer or importer of the raw materials shall bear responsibility for recycling, clearance and disposal and the vendor shall bear responsibility for recycling, clearance work.
I.Difficult to clear or dispose of.
II.Contains a component that does not readily decompose over a long period.
III.Contains a component that is a hazardous substance.
IV.Is valuable for recycling and reuse.
The central competent authority shall officially announce the scopes for the articles and the packaging and containers thereof and the enterprises responsible for recycling, clearance and disposal in the foregoing paragraph.
Article 16
The enterprises responsible for recycling, clearance, and disposal officially announced pursuant to Paragraph 2 of the foregoing article (herein referred to as the responsible enterprises) shall register with the competent authority; a manufacturer, based on the manufacturing volume for the current period, and an importer, based on the import volume reported to customs, shall, within fifteen days after the reporting and payment of business taxes bimonthly, pay recycling, clearance, and disposal fees in accordance with the fee rates approved by the central competent authority; these fees shall be used for the Resource Recycling Management Fund. A financial institution shall be commissioned for the collection and safekeeping of the fees; the central competent authority shall determine the collection, expenditure, safekeeping, and utilization regulations thereof.
When an importer in the foregoing paragraph reports its import volume to customs, it shall also report container materials and the other specifications of articles and containers designated by the central competent authority.
Those responsible enterprises for which manufactured or imported articles and the packaging and containers thereof are not discarded domestically or do not produce waste after use may submit relevant verification documents for a deduction of manufacturing volumes or import volumes or a refund of fees.
The central competent authority in consultation with the central industry competent authority shall determine management regulations for the registration, reporting, fee payment methods, procedures, deadlines, deductions, refunds and other binding matters for the responsible enterprises in Paragraph 1.
For the fee rates in Paragraph 1, the Resource Recycling Fee Rate Review Committee established by the central competent authority shall perform reviews based on materials, volumes, weights, impacts on the environment, reuse values, recycling, clearance and disposal costs, recycling, clearance and disposal ratios, auditing and collection costs, fund financial conditions, monetary amounts of recycling incentives, and other relevant factors and submit its review to the central competent authority for approval and official announcement; the central competent authority shall determine establishment regulations for the Resource Recycling Fee Rate Review Committee.
Article 17
The Resource Recycling Management Fund in Paragraph 1 of the foregoing article shall be used for the following purposes.
I.The payment of recycling, clearance and disposal subsidies
II.The provision of subsidies and incentives for recycling systems and reuse
III.The covering of expenses when the enforcement authority performs disposal on behalf of others
IV.The covering of auditing and certification expenses of the impartial auditing and certification group selected and commissioned by the central competent authority
V.Other uses related to general waste resource recycling approved by the central competent authority
Article 18
For general waste that is produced after the consumption or use of the articles or the packaging and containers thereof officially announced pursuant to Article 15, Paragraph 2 (herein referred to as “regulated recyclable waste”), recycling, storage, clearance and disposal shall comply with the regulations of the central competent authority; the central competent authority shall determine recycling, storage, clearance and disposal method and facility standards.
An auditing and certification group shall perform the auditing and certification of recycling and disposal volumes for regulated recyclable waste in accordance with auditing and certification regulations; the central competent authority shall determine auditing and certification procedural regulations.
Regulated recyclable waste recycling and disposal enterprises of a certain scale or larger that are designated and officially announced by the central competent authority shall register with the competent authority and report recycling and disposal volumes and related operational circumstances.
The central competent authority shall determine management regulations for the scale, registration, registration of cancellation, reporting and other binding matters for recycling and disposal enterprises in the foregoing paragraph.
Responsible enterprises and recycling and disposal enterprises may apply to the Resource Recycling Management Fund for recycling, clearance and disposal subsidies in Subparagraph 1 of the foregoing article; subsidies shall be granted after Resource Recycling Management Fund approval of compliance with facility standards in Paragraph 1 and procedural regulations in Paragraph 2.
The central competent authority shall determine management regulations for applications and reviews for the recycling, clearance and disposal subsidies in the foregoing paragraph.
Article 19
A responsible enterprise designated and officially announced by the central competent authority shall mark articles or the packaging and containers thereof with relevant recycling labels; the central competent authority shall determine the scope of enterprises, the size of label designs, location and other binding matters for recycling labels.
A vendor of articles or the packaging and containers thereof designated and officially announced by the central competent authority shall, in accordance with the regulations of the central competent authority, install resource recycling facilities and perform recycling work; the central competent authority shall determine the scope of enterprises, the installation of facilities, specifications and other binding matters for resource recycling facilities and the performance of recycling work.
Article 20
The competent authority may dispatch personnel or commissioned professional personnel bearing identification documents to enter the premises of a responsible enterprise or vendor designated and officially announced pursuant to Article 16, Paragraph 1 or the foregoing article and the recycling, storage, clearance or disposal premises of a recycling or disposal enterprise designated and officially announced pursuant to Article 18, Paragraph 3 to check operating volumes or import volumes, buyers of articles or the packaging and containers thereof, raw material supply sources, recycling related labels, and recycling and disposal volumes for regulated recyclable waste, and to request receiving, production, sales and inventory receipts, account books, and relevant statements, and other production, sales, operating, and export and import information; when necessary, the tax collection competent authority may be requested to assist with checking.
Article 21
For those articles or the packaging and containers thereof for which there is concern of serious pollution to the environment, the central competent authority may officially announce the prohibition of use or the restriction of manufacturing, import, sales and use.
Article 22
The central competent authority may designate and officially announce categories of regulated recyclable waste to be recycled through recycling incentive methods and the monetary amounts of recycling incentives.
A vendor shall pay consumers in accordance with the officially announced monetary amounts of recycling incentives, and may not refuse.
Article 23
Prior to March 28, 1997, surplus fees related to recycling and clearance of a joint recycling, clearance and disposal organization established by responsible enterprises or a fund established in accordance with relevant regulations shall be allocated to the Resource Recycling Management Fund and utilized in accordance with regulations.
Article 24
For the implementation of the clearance and disposal of general waste, a special municipality, county or city competent authority shall, based on clearance and disposal costs, collect fees from households and other non-industrial sources within designated clearance areas.
The central competent authority shall determine collection regulations for the collection methods, calculation methods, payment procedures, payment deadlines and other binding matters for the fees in the foregoing paragraph.
The special municipality, county or city competent authority may, in consideration of actual operational requirements, add fee collection regulations other than those in the foregoing paragraph and fee collection verification labels.
The special municipality, county or city competent authority shall determine and officially announce the amount for fee collection in Paragraph 1.
The addition of fee collection regulations pursuant to Paragraph 3 shall be reported to the central competent authority for future reference.
Article 25
The general waste clearance and disposal costs in Paragraph 1 of the foregoing article include, as relates to general waste clearance and disposal operations, management costs, labor costs, land use costs for disposal sites and plants, compensation expenses, operational and maintenance costs and average annual procurement costs based on usage limits for all clearance and disposal machinery, equipment and facilities, and restoration costs, and shall deduct income from general industrial waste clearance and disposal work performed on behalf of others and other income.
Article 26
Fees for the general waste clearance and disposal costs in the foregoing article shall be collected based on actual costs. However, fees for machinery, equipment, facilities and restoration costs shall be collected annually from 2001.
The special municipality, county or city competent authority shall collect fees annually from 2001 for the per-kiloton construction costs and restoration costs of privately-owned or operated general waste incinerators.
The special municipality, county or city competent authority shall have a savings account dedicated to deposits for the machinery, equipment, facilities and restoration costs in Paragraph 1 by 2001 and the construction costs in the foregoing paragraph and shall establish a General Waste Clearance and Disposal Fund by 2002. Funds deposited for clearance and disposal fees as of 2001 shall be transferred to the General Waste Clearance and Disposal Fund after its establishment.
The special municipality, county or city competent authority shall determine regulations for the establishment, utilization and management of the fund in the foregoing paragraph.
The fund established pursuant to Paragraph 3 shall be utilized exclusively for the reinstallation of general waste clearance and disposal machinery, equipment and facilities and the restoration of general waste disposal sites and plants.
Article 27
The following acts are strictly prohibited within designated clearance areas.
I.The spitting of phlegm or betelnut juice or fiber or discarding of waste paper, cigarette butts, chewing gum, fruit or the skin, pit or juice thereof, or other general waste
II.The polluting of the ground, pools of water, drainage gutters, walls, beams or pillars, utility poles, trees, roadways, bridges or other fixed structures
III.The sunning or piling of articles that hinder sanitation and orderliness on roadsides, outside of houses or on roofs
IV.The collection from waste clearance, disposal or storage tools, equipment or sites of articles that have been discarded;however, the collection of general waste recycling items designated pursuant to Article 5, Paragraph 6 shall not be subject to this restriction.
V.The discarding of hot ashes or embers, dangerous chemical substances or products, or explosive substances or products within waste storage equipment
VI.The discarding of animal corpses in places other than waste storage equipment
VII.Urinating or defecating in non-designated locations
VIII.The discarding of articles in drainage gutters
IX.The raising of poultry or livestock that hinders nearby environmental sanitation
X.The posting or painting of advertisements that pollutes fixed structures
XI.Other acts that pollute the environment officially announced by the competent authority