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Chapter Law Content

Title: Toxic and Concerned Chemical Substances Control Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 5 Accident Prevention and Emergency Response
Article 35
The handlers of Class 1, 2, 3 toxic chemical substances and concerned chemical substances that have been specified and announced as being hazardous by the central competent authority shall submit risk prevention and response plans to the special municipal, county, or city competent authority to be filed for future reference, and shall implement measures in compliance with the content of the risk prevention and response plans.
The competent authority shall make public the complete risk prevention and response plans in Paragraph 1 via a specified website and in other appropriate ways for public review.
The central competent authority shall determine implementation procedures governing the production, content, submission, implementation, public review and other binding matters of the risk prevention and emergency response plans in Paragraphs 1 and 2.
Article 36
Handlers of Class 1, Class 2, and Class 3 toxic chemical substances and concerned chemical substances that have been specified and announced as being hazardous by the central competent authority shall adopt measures necessary to protect third parties, and shall, pursuant to regulations, purchase liability insurance to cover handling risks.
The central competent authority shall determine implementation procedures governing the handlers required to purchase liability insurance and insurance targets, insurance contract items, minimum insurance amount, insurance content, and document preservation and relevant document content in Paragraph 1.
Article 37
Handlers of toxic chemical substances and handlers of concerned chemical substances that have been specified and announced as being hazardous by the central competent authority must take active steps to prevent accidents from occurring, and must assign or commission emergency responders or emergency response organizations certified by central competent authority to bear responsibility for adoption of necessary protective, emergency response, and clean-up operations in the event of an accident.
A handler in Paragraph 1 shall order the emergency responders to participate in training and retraining operated by the central competent authority itself or a designated agency and preserve training records.
The implementation procedures governing training qualifications, grades, number of people, (re)training, training record keeping, training certificate issuance, registration, cancellation and revocation, certification methods of professional emergency response organizations and other measures to be followed in Paragraphs 1 and 2 by the emergency responder shall be established by the central competent authority.
Article 38
An enterprise manufacturing, using, storing or transporting Class 1, Class 2, or Class 3 toxic chemical substances and concerned chemical substances that have been specified and announced as being hazardous by the central competent authority shall establish a mutual aid group, and must submit its establishment plan to the competent authority for future reference. Such mutual aid groups shall assist with protective, emergency response, and clean-up operations in the event of an accident.
The central competent authority shall determine the implementation procedures governing requisite assistance matters, applications, reporting, period of validity, changes, training, audits, and other binding matters of the mutual aid group in Paragraph 1.
Article 39
The normal operation of discharge and leakage prevention facilities shall be maintained and emergency response, detection and alarm equipment shall be kept available while Class 1, Class 2, or Class 3 toxic chemical substances and concerned chemical substances that have been specified and announced as being hazardous by the central competent authority are in the process of being handled.
Handlers which have been designated and officially announced as being required to connect on line in Paragraph 1 shall complete the connection of their automatic monitoring facilities to the competent authority by the designated deadline.
The central competent authority shall determine regulations governing installation, construction, operation, inspection, maintenance, service, calibration, frequency of record keeping, connection method, records storage and other binding matters with regard to the response equipment and detection and alarm equipment in Paragraphs 1 and 2.
Article 40
Owners of Class 1, Class 2, and Class 3 toxic chemical substances and concerned chemical substances that have been specified and announced as being hazardous by the central competent authority shall, prior to transport, submit a transport manifest to the special municipality, county or city competent authority at the place of dispatch, and shall send a copy of the authorized transport manifest to the special municipality, county or city competent authority at the destination.
Vehicles transporting chemical substances in Paragraph 1 shall, pursuant to regulations, be installed with real-time tracking systems, which shall be kept in normal operation.
The central competent authority in conjunction with the Ministry of Transportation and Communications shall determine implementation procedures governing transport manifest reporting and preservation, transport markings, documents to be carried, safety equipment, accident handling, and other binding matters in Paragraphs 1 and 2.
Article 41
For those toxic chemical substances and concerned chemical substances that have been specified and announced as being hazardous by the central competent authority for which one of the following circumstances applies, the handler shall promptly adopt emergency control measures and, within no longer than 30 minutes, notify the competent authority for the area where the accident occurred.
I. Those circumstances in which the environment surrounding the handling site for which there is concern of suffers pollution due to leakage, chemical reaction or other unexpected accident.
II. Those circumstances in which an unexpected accident occurs during transport and for which there is concern of pollution of the environment or the endangerment of human health.
The reporting method for Paragraph 1 shall be announced by the central competent authority.
In all cases of Paragraph 1, in addition to taking immediate measures, the competent authority must order a stop to the operations where the accident occurred or to the entire operation.
If an accident occurs in the course of delivery in the case of the Subparagraph 2 of Paragraph 1, the operator or owner shall dispatch professional emergency response personal within two hours or commission a professional emergency response organization to the site of the accident to take charge of accident emergency response and other follow-up tasks.
The handler in Paragraph 1 shall, in addition to being required to bear responsibility for clearance and disposal pursuant to relevant regulations after the occurrence of an accident, also submit a report to the competent authority for reference. The central competent authority shall determine standards governing the format, content, items to be recorded, and other binding matters of said report.
Article 42
All costs incurred by the competent authority in the course of handling accidents according to Paragraph 3 of Articles 41, shall be borne by the operator or owner. Fees may be paid from the fund in Article 47, and then claimed from the handler or owner.
The competent authority shall be exempted from providing a pledge to the administrative court with its request for provisional seizure or provisional disposition.
The right to obtain payment for the expenses in Paragraph 1 shall take precedence over all creditor's rights and mortgage rights and shall be nullified if not exercised within ten years.
Article 43
Emergency response vehicles dispatched by a competent authority or the handler to an accident in accordance with Article 41 are not subject to vehicle speed limit regulations, traffic signs and other signals when they have illuminated their warning lights and turned on their sirens.
The implementation procedures governing markings, color, equipment standards, purpose, driver qualifications, operator registration, operations supervisor and other related matters of the toxic chemical substances or concerned chemical substances emergency response vehicle of Paragraph 1 shall be determined by the central competent authority and the Ministry of Transportation.