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Chapter Law Content

Title: Soil and Groundwater Pollution Remediation Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 1 General Principles
Article 1
This Act is formulated to prevent and remediate soil and groundwater pollution, ensure the sustainable use of soil and groundwater, enhance the living environment, and protect public health.
Article 2
Terms used in this Act are defined as follows.
I. “Soil” means the natural loose medium on the surface of the earth's crust in which terrestrial biological organisms grow or live.
II. “Groundwater” means the water that flows or stays under the surface of the land.
III. "Sedimentation" means substances that settle to the bottom of a surface water body due to the force of gravity.
IV. “Soil Pollution” means the introduction into soil of substances, biological organisms or forms of energy that alters soil quality, impacts the normal use of the soil or endangers public health and the living environment.
V. “Groundwater Pollution” means the introduction into groundwater of substances, biological organisms or forms of energy that alters soil quality, impacts the normal use of the soil or endangers public health and the living environment.
VI. "Sedimination Pollution" means the introduction into sedimentation of substances, biological organisms or forms of energy that impacts the normal use of the sedimentation or endangers public health and the living environment.
VII. “Pollutant” means a substance, biological organism or form of energy capable of causing soil or groundwater pollution.
VIII. “Soil Pollution Monitoring Standards” means the determined pollutant concentrations at which soil pollution monitoring is required for the purpose of preventing soil pollution.
IX. “Groundwater Pollution Monitoring Standards” means the determined pollutant concentrations at which groundwater pollution monitoring is required for the purpose of preventing groundwater pollution.
X. “Soil Pollution Control Standards” means determined soil pollution control limits to prevent and control the worsening of soil pollution.
XI. “Groundwater Pollution Control Standards” means determined groundwater pollutant limits to prevent and control the worsening of groundwater pollution.
XII. "Sedimentation Quality Indicators" means categorized management or limits on use that have been determined in consideration of the special characteristics of pollution movement or biological availability and accumulation for the purpose of managing sedimentation quality.
XIII. "Soil Pollution Remediation Goals" means the limit on pollutants set according to the purpose of the soil pollution remediation.
XIV. "Groundwater Pollution Remediation Goals" means the limit on pollutants set according to the purpose of the groundwater pollution remediation.
XV. “Polluter” means a person causing soil pollution or groundwater pollution through any of the following acts:
A. leaking or discarding of pollutants;
B. illegally discharging or injecting pollutants;
C. brokering or allowing the leaking, discarding, illegal discharge or injection of pollutants;
D. failing to dispose of pollutants pursuant to applicable laws or regulations.
XVI."Person Potentially Responsible for Pollution" means a person who causes pollution to accumulate in the soil or groundwater resulting in soil or water pollution due to the following actions:
A. discharging, injecting, spreading of pollutants;
B. permitting or agreeing to the discharge of waste water into irrigation and drainage systems or irrigation and water catchment areas.
XVII."Pollution Control Site" means a place where the source of soil or groundwater pollution has been clearly identified and the pollutants therein do not naturally exist in the environment but have occured through scouring by rainwater, dispersal, deposition, or irrigation resulting in soil or groundwater pollution that meets the standards for control.
XVIII.“Pollution Remediation Site” means a pollution control site which has been reviewed and declared by the central competent authority as a Pollution Remediation Site based on its preliminary assessment that the site is likely to seriously endanger public health and the living environment.
XIX."Interested Party of the Polluted Land" means a person who is not a polluter of the land but is a user, administrator, or owner of the land when the land is declared a pollution remediation site.
XX."Pollution Control Area" means an area which has been delineated according to the scope of soil or groundwater pollution of a pollution control site or pollution remediation site.
Article 3
The competent authority referred to in this Act means the Environmental Protection Administration, Executive Yuan, at the central government level, the municipal government in special municipalities and the county or city government in counties or cities.
Article 4
The matters designated in this Act as the responsibility of the central competent authority are as follows.
I. Planning, drafting, supervision and implementation of national soil, sediment and groundwater pollution prevention and remediation policies, programs and plans
II. National soil and groundwater pollution monitoring and testing
III. Drafting, deliberation and interpretation of soil, sedimentation and groundwater pollution remediation laws and regulations
IV. Supervision, assistance and approval of soil, sedimentation and groundwater pollution prevention, monitoring and remediation work by special municipality, county or city competent authorities
V. Coordination of soil, sedimentation and groundwater pollution remediation work involving two or more special municipalities, counties or cities
VI. Management of the Soil and Groundwater Pollution Remediation Fund
VII. Certification and management of soil, sedimentation and groundwater testing organization
VIII. Soil and groundwater pollution prevention and remediation research, development and public awareness
IX. International cooperation, technology exchanges and personnel training related to soil and groundwater pollution remediation
X. Other national soil, sedimentation and groundwater pollution pre vention and remediation matters
Article 5
The matters designated in this Act as the responsibility of special municipality, county and city competent authorities are as follows.
I. Planning, drafting and implementation of soil, sedimentation and groundwater pollution prevention and remediation action programs and plans within a jurisdiction
II. Drafting and interpretation of the autonomous soil, sedimentation and groundwater pollution remediation laws and regulations within a jurisdiction
III. Implementation of soil and groundwater pollution prevention, monitoring and remediation work within a jurisdiction
IV. Soil and groundwater pollution prevention and remediation research, development and public awareness within a jurisdiction
V. Special municipality, county or city soil and groundwater pollution prevention and remediation personnel training work within a jurisdiction
VI. Other soil, sedimentation and groundwater pollution management, prevention and remediation matters within the jurisdiction