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Chapter Law Content

Chapter 3 Clearance of Industrial Waste
Article 13
Vehicles, ships, or other means of transportation used for the clearance of industrial waste shall prevent the occurrence of situations that may pollute the environment or endanger human health, such as the airborne dispersal, spattering, overflow, or explosion of industrial waste or emission of noxious odors.
Before clearance sludge shall be dewatered or dried until moisture content is below 85%. Sludge that has not been dewatered or dried until moisture content is below 85% shall be transported in tank cars.
Article 14
Incompatible industrial wastes may not be cleared in a mixed state.
Article 15
An enterprise that clears, or commissions the clearance of, industrial waste that it has produced to external locations shall record the date of waste clearance, quantity and type of waste, vehicle number, clearance organization, clearance personnel, and disposal organization, and shall preserve proof of disposal of the cleared industrial waste.
The information in the foregoing paragraph shall be preserved for three years for checking purposes.
Article 16
Vehicles used for the clearance of hazardous industrial waste shall comply with the following regulations:
I. Such vehicles shall display labels indicating the organization's name and phone number, and the characteristics of the hazardous industrial waste.
II. An emergency response method manual and emergency response equipment for the hazardous industrial waste shall be carried on board the vehicle.
Clearance personnel shall promptly adopt emergency response measures and notify the relevant competent authority if any hazardous industrial waste leaks while being transported. The enterprise producing the hazardous industrial waste and the clearance organization shall bear all responsibility for cleanup and resolution of any resulting problems.
Article 17
An enterprise that clears, or commissions the clearance of, industrial waste that it has produced to external storage or treatment locations shall fill out a delivery manifest in sextuplicate (hereinafter referred to as “hard copy manifest”), or fill out the delivery manifest in electronic format transmitted online (hereinafter referred to as “soft copy manifest”). However, those enterprises that shall report the production, storage, clearance and disposal, reuse, export, import, or cross-boundary transport or transshipment of waste via online transmission pursuant to Article 31, paragraph 1 of this act, shall not be subject to this restriction.
After the hard copy manifest in the foregoing paragraph has been signed and accepted by the clearance organization, the first leaf shall be submitted within seven days to the competent authority of the place of waste production for checking purposes. The sixth leaf shall be kept by the enterprise for its own records, and the second through fifth leaves shall be submitted by the clearance organization to the disposal organization within two days for signing and acceptance by the latter, and the clearance organization shall retain the fifth leaf. Within seven days after completing disposal the disposal organization shall send the third leaf back to the producing enterprise, send the fourth leaf to the competent authority of the enterprise’s place of business for checking purposes, and retain the second leaf itself. Disposal organizations employing solidification, stabilization, or other disposal methods officially announced by the central competent authority shall also attach proof of entry into the final disposal site at the same time.
The soft copy manifest as referred to in paragraph 1 shall be delivered to the Disposal organizations by the clearance organization within 2 days to sign for receipt. The Disposal organization shall declare with the competent authority through the designated network within 1 day after the completion of the disposal.
For the temporary storage of hazardous industrial waste that is to be treated offshore, treatment regulated under the hard copy manifest on the second and the third leaf of the manifest could be skipped. The clearance organization shall fill in the fourth leaf of the manifest after delivering the wastes to the storage site and sign to confirm. If the soft copy manifest is adopted, the clearance organization shall deliver the manifest to the hazardous industrial waste storage site before export within 2 days for signed confirmation.
When hazardous industrial waste is sent to a disposal organization, the disposal organization shall immediately check whether the composition, characteristics or quantity of the hazardous industrial waste is consistent with the manifest in hard copy or soft copy and the contract. If the statements are not consistent with the delivery manifest and the contract, the disposal organization shall, within two days after the day of discovering the discrepancy, request the clearance organization or enterprise to make corrections, and shall inform the local competent authority of its intended actions.
The enterprise shall voluntarily keep track of the status of the commissioned clearance and removal of the hazardous industrial wastes within 35 days after clearing, and shall report to the local competent authority on any hazardous industrial wastes not being fully cleared or disposed of.
If an enterprise has cleared and disposed of hazardous industrial waste on its own, the enterprise and the clearance and disposal organization shall sign the delivery manifest in hard copy and soft copy by the enterprise and shall then proceed pursuant to the procedures designated in paragraph 1 through to the foregoing paragraph.
The manifest in hard copy and soft copy mentioned in paragraph 1 and the foregoing paragraph shall be retained for three years to facilitate checking.
Should the date of submission of the manifest in hard copy or soft copy, or for declaration, fall on a holiday, it may be extended to the first following workday.
Article 18
Unless other central competent authority regulations apply, clearance methods for biomedical waste sharp implements and infectious waste shall comply with Article 13 through Article 16, and the following regulations:
I. Waste that has been stored in differently colored containers may not be cleared in a mixed state.
II. Waste may not be compressed or arbitrarily opened during the transportation process.
III. During the transportation process refrigeration measures shall be provided, and normal operation shall be maintained. However, waste producing enterprises in offshore areas with inconvenient transportation do not need to provide refrigeration measures during a part of the transport process upon approval by the local competent authority of the place of waste production.
IV. If there is no personnel present during the load and unload process, the doors of the clearance vehicles shall remain shut and locked.