Chapter 6 Audit, Inspection, and Financial Matters
The competent authority may send personnel bearing documents verifying their implementation of relevant duties or markings sufficient to provide identification to enter public or private premises, and examine the handling of toxic chemical substances, chemical substances of very concern, and other chemical substances that must be registered, relevant goods or premises, or order the provision of relevant information. Such personnel may order the provision of stocking, production, sales, and inventory documents, account books, relevant statements, and other production/marketing or import/export data needed to audit said substance flows. When necessary, such personnel may request the presentation of receipts, take samples of relevant chemical substances or goods, implement inspection, and provisionally seal the premises, which shall be left under the safekeeping of the statutory responsible person.
Any samples taken as specified in Paragraph 1 shall be promptly tested, and an environmental analysis and testing organization that has received a permit from the central competent authority may be conditioned to perform testing. The time needed for the testing of samples may not exceed one month. However, this restriction shall not apply after the central competent authority's approval has been obtained.
The environmental analysis and testing organization in Paragraph 1 may conduct only those test types specified in its permit. The central competent authority shall determine implementation procedures governing such an organization's required conditions, facilities, testing personnel qualifications, in-service training, permit application, review procedures, period of validity, permit issuance (replacement and re-issue), permit revocation or cancellation, suspension of business, resumption of operation, audit, assessment procedures, data reporting, and other binding matters.
Standard testing methods and quality management items for toxic chemical substances, chemical substances of very concern, and other chemical substances that must be registered shall be announced by the central competent authority.
When audit is performed of toxic chemical substances, chemical substances of very concern, chemical substances that must be registered, or related goods in compliance with Paragraph 1 of Article 44, the audit results shall be handled as follows:
I. If the regulations of this Act have been violated, the violator shall be punished pursuant to the regulations of this Act, and the handler must dispose of the substance or goods within a limited period of time in compliance with waste clearance and disposal laws and regulations.
II. When a sealed substance or article has been determined to be waste, the handler may be ordered to dispose of the substance or article within a limited period of time in compliance with waste clearance and disposal laws and regulations. If it is determined that improvement may be made or the substance may be converted to another substance, the seal shall be removed, the items handed back, and the handler requested to make improvement under supervision within a limited time period or perform conversion. If the handler fails to make improvement or perform conversion in the time provided, the handler may be ordered to dispose of the substance or article within a limited period of time in compliance with waste clearance and disposal laws and regulations.
III. The seal shall be removed and the items handed back if there was no violation of this Act.
The central competent authority shall determine the standards for fees collected by competent authorities in compliance with this Act.
The central competent authority shall establish a fund to collect handling fees from handlers on the basis of the handling, release quantities, state of dispersion, accident hazard or risk of substances for the purpose of management, screening, assessment, and control of announced chemical substances.
The central competent authority shall determine implementation procedures governing the substance types corresponding to the chemical substance handling fees in Paragraph 1, calculation methods, payment procedures, payment deadlines, commissioning of professional organizations to perform audit, and other binding matters.
The sources for the fund in Paragraph 1 are as follows:
I. Income from chemical substance handling fees.
II. Fund yield income.
III. Allocations from relevant environmental protection funds.
IV. Appropriations from the central competent authority made following budgetary procedures.
V. Chemical substance registration and reporting fees, and other fees that must be collected pursuant to this Act.
VI. Fees from emergency responders training and retraining.
VII. Reimbursements for expense claims in accordance with this Act.
VIII. Allocation of some fines for violating this Act and income from the recovery of outstanding debts by competent authorities pursuant to Article 66.
IX. Fines levied and paid pursuant to this Act, and cash or income from the sale of confiscated or recovered proceeds due to violations of this Act.
X. Other income connected with chemical substance management.
The fund in Paragraph 1 of Article 47 shall have the following uses:
I. Expenses for chemical substance management, coordination, consulting, hazard assessment, prevention, incentives, subsidies and assistance.
II. Expenses for personnel, equipment and materials as required for environmental accident monitoring and handling measures.
III. Expenses connected with chemical substance checking, verifying, and auditing and the commissioning or subsidizing of testing organizations to carry out testing of chemical substances.
IV. Expenses connected with chemical substance release quantities, dispersion surveys, health risk assessments and management.
V. Expenses for chemical substance technology research, promotion, development, science and technology exchanges, personnel training and international work.
VI. Expenses connected with collection of chemical substance handling fees, fund claims, litigation and related administrative and personnel maintenance.
VII. Other expenses related to chemical substance management and hazard assessment and prevention approved by the central competent authority.
The central competent authority shall determine implementation procedures governing the fund incentive and subsidy recipients, application qualifications, review procedures, cancellation and revocation of incentives and subsidies, demand for payment, and other binding matters in Paragraph 1 Subparagraph 1.
The central competent authority may send personnel bearing verification documents to enter plants (facilities) and business premises subordinate to chemical substance handling fee payers to perform relevant audit tasks or order the provision of necessary data, and the fee payer may not evade, obstruct, or refuse such personnel's requests.
The Toxic Substances and Chemical Substances Management Fund in the foregoing article shall establish a fund management committee (referred to below as "management committee") to bear responsibility for management and use; the management committee may establish a working technology team when necessary.
The management committee in Paragraph 1 shall designate members, who shall have two-year periods of appointment; experts and scholars may not constitute less than two-thirds of the total number of committee members; and neither gender should occupy less than one-third of the seats of the committee.