Chapter 2 Assessment, Prevention and Management of Toxic Chemical Substances
The central competent authority shall officially announce toxic chemical substances as Class 1, Class 2, Class 3 or Class 4 when the toxicological characteristics of chemical substances conform to the toxic chemical substance classification definitions prescribed in Article 3 of this Act.
The central competent authority may restrict or prohibit the handling of Class 1, Class 2 and Class 3 toxic chemical substances.
Handlers may apply for the removal of the restrictions or prohibitions prescribed in the foregoing Paragraph when they can prove that prevention and control methods employed in the toxic chemical substance use process can prevent or avoid pollution of the environment or the endangerment of human health. The applicant may submit an appeal when an application is rejected, but only one appeal may be made. The central competent authority shall determine regulations governing documents to be attached to the appeal application, rejection, the deadline for submission of an appeal, and other related matters.
Prior to handling of Class 4 toxic chemical substances, toxicity and relevant information of the toxic chemical substances shall be reported to special municipality, county or city competent authorities. Such handling shall be performed upon permission of the competent authorities in compliance with authorized items.
The central competent authority shall determine regulations governing application for permission, review regulation, permits issuance (replacement and re-issue), validity time period, change, extension, cancellation, revocation, and other binding matters.
The handler shall produce reports and regularly report records concerning the handling of toxic chemical substances and their release quantities; such records shall be preserved properly for future reference.
The central competent authority shall determine implementation procedures governing the production, format, and preservation of the records in Paragraph 1, the content, frequency, and method of reports, and other binding matters.
The competent authority shall provide the release quantities records on-line pursuant to Paragraph 1 to the public for reference, on a stage-by-stage basis.
The central competent authority may control the handling of Class 1 and Class 2 toxic chemical substances by means of total release quantity control methods.
Unless other regulations apply, the handling of toxic chemical substances shall be conducted in compliance with methods officially announced or approved by the central competent authority.
The central competent authority may, based on management requirements, officially announce control concentration standards and graded handling quantity for toxic chemical substances.
When it is verified through scientific techniques or field testing and research of a toxic chemical substance that original officially announced management items fail to meet requirements, the central competent authority shall promptly issue an official announcement of modification or cancellation.
A manufacturer, importer or seller of Class 1, 2 or 3 toxic chemical substances shall apply to the special municipality, the municipality, county or city competent authority for a permit, and shall operate in compliance with the content of the permit.
An enterprise using or storing Class 1, 2 or 3 toxic chemical substances shall apply to the municipality, county or city competent authority for registration, and shall operate in compliance with the content of the registration document.
An enterprise disposing of or exporting Class 1, 2 or 3 toxic chemical substances shall apply by the batch or shipment to the special municipality, county or city competent authority for registration, and may only begin handling after doing so.
With regard to the handling of toxic chemical substances prescribed in Paragraphs 1 and 2, when the total quantity handled is less than the graded handling quantity announced in Paragraph 2, Article 11, the case may be reported to the special municipality, county, or city competent authority for approval; after approval has been granted and approval documents obtained, the case shall not be subject to the restrictions of Paragraphs 1 and 2, Article 18, Article 35, and Article 39.
The central competent authority shall determine regulations governing permit, registration, and approval application, review procedures, issuance (replacement or renewal), change, extension, revocation, cancellation, and other binding matters in Paragraphs 1 to 4.
When toxic chemical substances that have not been approved or permitted by a special municipality, county or city competent authority pursuant to the regulations of this Act are imported, the customs authority shall order the taxpayer to return said shipment within a limited period of time.
The approval document in Paragraph 4, Article 8, the permit in Paragraph 1 of the Article 13, the registration document in Paragraph 2, and the approval document in Paragraph 4 shall have a validity period of 5 years. If handling must continue after this period, an application for an extension must be made to the municipal or county competent authority within 3 to 6 months prior to expiration; no extension may exceed 5 years.
The competent authority may modify or cancel the permit, registration document or approval in Paragraph 1 when necessary to prevent Class 1, Class 2, Class 3, and Class 4 toxic chemical substances from polluting the environment and endangering human health.
If a toxic chemical substance handler's permit, registration, or approval has been cancelled or revoked pursuant to the regulations of this Act, or if the handler has been suspended for business, the handler may not apply for a handling permit, registration, or approval for that toxic chemical substance within a period of two years.
Those handlers that have partially or completely suspended work or business pursuant to the regulations of this Act shall submit explanations and verification documents concerning the completion of improvements before the resumption of work or business, and may resume work or business only after verification and approval by the special municipality, county or city competent authority. This also applies to those that have been ordered by the competent authority to make improvements within a limited period and that voluntarily report the suspension of work or business.
The handler shall mark toxicity and pollution control items in compliance with regulations on chemical substance containers, packaging, and handling premises and facilities, and shall keep safety data sheets for the toxic chemical substances in question on hand.
The central competent authority shall determine regulations governing the marking of containers, packaging, handling sites, and facilities, the preparation, classification, pictograms, contents, formats, and establishment of safety data sheets, and other binding matters in Paragraph 1.
An enterprise manufacturing, using, storing or transporting Class 1, Class 2, and Class 3 toxic chemical substances the handlers shall employ professional technical management personnel pursuant to regulations for the performance of toxic chemical substance pollution control and risk prevention.
The central competent authority shall, with regard to the professional technical management personnel in Paragraph 1, determine regulations governing qualifications and training; issuance, revocation or cancellation of qualification certificates; employment grade; number of personnel; work responsibilities; deputies; changes; and other binding matters.
For those circumstances in which the handling of Class 1, Class 2, or Class 3 toxic chemical substances is to be suspended for a period that exceeds one month, the statutory responsible person shall, within fourteen days from the day handling is suspended, submit a list of the remaining toxic chemical substances to the special municipality, county or city competent authority for approval and handle the remaining toxic chemical substances in compliance with the following methods.
I. Return to the original manufacturer of vendor.
II.Sale or transfer to others.
III. Return to overseas exporter.
IV.Disposal pursuant to relevant waste disposal regulations.
V.Other methods officially announced or approved by the central competent authority.
The following circumstances in which Class 1, Class 2, and Class 3 toxic chemical substances are handled shall be deemed as the suspension of handling:
I.Those circumstances in which handling is suspended for one year or more without the approval of the special municipality, county or city competent authority.
II.Those circumstances in which handling is suspended for six months or more and the special municipality, county or city competent authority determines there is concern of pollution of the environment or the endangerment of human health.
III.Those handlers of a toxic chemical substance whose permit, registration, or approval has been revoked or cancelled, or that have been ordered to terminate business, pursuant to the regulations of this Act.
Toxic chemical substance handlers may not sell or transfer such toxic chemical substances to enterprises that have not obtained a permit, completed registration, or obtained approval in compliance with Paragraph 4, Article 8 and Paragraphs 1 to 4, Article 13. However, the case shall not be subject to this restriction if it has been reported to and received the approval of the special municipality, county, or city competent authority in advance.
The selling or transfer in Paragraph 1 may not involve mail orders, online shopping or other transaction platform wherein the identities of the parties to the transaction cannot be established.
Each industry competent authority shall provide guidance for pollution abatement work for toxic chemical substances.
The handling of toxic chemical substances by government agencies and academic organizations may be managed in conjunction with the following regulations:
I.The central competent authority in consultation with the central industry competent authority shall determine regulations governing management authority over and use of the handled toxic chemical substances; the employment of professional technical management personnel; transport; record production, reporting, and length of preservation; marking, storage, checking, prevention, joint prevention, emergency response and other binding matters
II.The central industry competent authority shall submit management methods for individual handling circumstances to the central competent authority for approval.