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Chapter Law Content

Title: Waste Disposal Act CH
Category: Ministry of Environment(環境部)
Chapter 6 Supplementary Provisions
Article 70
An enforcement authority, public or private waste clearance and disposal organization, joint clearance and disposal organization or enterprises providing management facilities pursuant to Article 29, Paragraph 1 may clear waste outside of its jurisdiction area. The special municipality, county or city competent authority shall not impose restriction.
Article 71
Where waste clearance and disposal conducted in noncompliance with regulations, the special municipality, county or city competent authority or the enforcement authority may order the enterprise, commissioned waste clearance and disposal organization, agent for illegal waste clearance and disposal organization, land owner, manager or user who allows illegal dumping of waste or serious misconduct that leads to illegal dumping of waste on his land to perform the clearance and disposal of the waste in specific time period. The special municipality, county or city competent authority or the enforcement authority may clear and dispose of the waste for them when no clearance or disposal is done within the designated time period and request for compensation for the clearance, improvement and necessary fees sustained from this action. Failure to make payment prior to the expiration date, compulsory enforcement shall be imposed. The special municipality, county or city competent authority or the enforcement authority may apply to the administrative court for provisional attachment or provisional injunction without providing collateral.
The special municipality, county or city competent authority or the enforcement authority may clear and dispose of the waste pursuant to the foregoing provisions without the consent from land owner, manager or user, and force entering a public or private site to conduct relevant actions regarding sampling, inspection, clearance or disposal.
The right to seek compensation for necessary expenses in Paragraph 1 shall take precedence over all creditor rights and mortgage rights.
The special municipality, county or city competent authority or the enforcement authority may authorize a suitable public or private waste clearance and disposal organization when clearing and disposing of the waste designated in Paragraph 1.
Article 72
When a public and private premises 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, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the effective clearance and disposal of waste.
The central competent authority in consultation with the relevant agencies shall determine the format of the written notification in Paragraph 1.
Article 73
Competent authorities at all government levels shall collect permission, certification, review or inspection fees when performing issuance and replacement of permission, certifications, managing application for review or testing pursuant to this Act.
The central competent authority in consultation with the relevant agencies shall determine fee collection standards for the foregoing paragraph.
Article 74
The competent authority and industry competent authority may designate or authorize professional organizations or relevant organizations to conduct research, training and management for waste management.
Article 75
The central competent authority shall determine waste testing methods and quality control items.
Article 76
The central competent authority shall determine the enforcement rules of this Act.
Article 77
This Act shall take effect on the date of promulgation.
This Act was revised on May 5, 2006, and shall take effect on July 1, 2006.
This Act was revised on November 13, 2012, and shall take effect on September 6, 2012.