Goto Main Content
:::

Chapter Law Content

Title: Soil and Groundwater Pollution Remediation Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 2 Prevention Measures
Article 6
Competent authorities at all levels shall regularly monitor the quality of the soil and groundwater within their jurisdictions. When pollutant concentrations exceed the soil pollution or groundwater pollution control standards, the special municipality, county and city competent authorities shall take necessary measures, investigate the party responsible for the pollution and report to the central competent authority. When pollutant concentrations are lower than the soil or groundwater pollution control limits and meet soil or groundwater pollution monitoring standards, the special municipality, county and city competent authorities shall conduct regular monitoring, publicly announce the monitoring results and report such results to the central competent authority for reference.
The applicable scope, pollutants, pollutant standard values and compliance standards for soil or groundwater pollution monitoring and control set forth in the foregoing paragraph shall be separately determined by the central competent authority.
The following local industry competent authorities shall regularly test soil and groundwater quality in accordance with pollution trends in the area, and submit the resulting data to the special municipality, county or city competent authority for future reference:
I. Industrial parks.
II. Export processing zones.
III. Science-based industrial parks.
IV. Environmental technology parks.
V. Agricultural technology parks.
VI. Other specially designated zones officially announced by the central competent authority
In the foregoing paragraph, the central competent authority shall determine regulations governing the content of data concerning soil and groundwater quality, times of reporting, documents that must be submitted, times of testing, and other binding matters.
The industry competent authorities in charge of the following water bodies shall regularly test bottom sediment quality, and submit the resulting data to the central competent authority for future reference after performing a comparative assessment of bottom sediment quality indicators, and publicly announce the state of bottom sediment quality:
I. Rivers.
II. Irrigation canals.
III. Lakes.
IV. Reservoirs.
V. Other specially designated surface water bodies officially announced by the central competent authority
The central competent authority shall determine classified management of and use restrictions on the bottom sediment quality indicators in the foregoing paragraph.
In Paragraph 5, the central competent authority shall determine regulations governing the content of bottom sediment quality, times of reporting, documents that must be submitted, times of testing, and other binding matters.
Article 7
Competent authorities at all levels may dispatch personnel bearing identification documents to enter public or private premises for the following verification work and may order site users, managers or owners to provide related data.
I. Investigation of the state of soil, bottom sediment, or groundwater pollution, and sources of soil, bottom sediment, and groundwater pollutants.
II. Establishment of soil, groundwater, or relevant pollutant sampling and groundwater monitoring wells.
III. Collection of sample agricultural or aquacultural products in conjunction with the agriculture and health competent authority.
Verification work in the foregoing paragraph that involves military affairs shall be jointly conducted with local military authorities.
The verification work in the two foregoing paragraphs may not be evaded, obstructed or refused.
Inspection agencies and personnel shall maintain confidentiality concerning inspected industrial, commercial or military secrets.
If a competent authority at any level discovers during the course of verification work that pollution of soil, bottom sediment, or groundwater may affect human health, agricultural or aquacultural production, or drinking water sources, it may adopt necessary response measures in accordance with Article 15, Paragraph 1; and in order to mitigate the effect of pollution or prevent the expansion of pollution, may order a polluter, person potentially responsible for pollution, or site user, manager, or owner to implement the necessary response measures in Article 15, Paragraph 1, Subparagraphs 3, 4, 7, and 8.
The implementation of necessary response measures in the foregoing paragraph shall be completed within 12 months; when necessary, this deadline may be extended once, but the extension may not exceed six months.
When the necessary response measures adopted pursuant to Paragraph 5 achieve the mitigation of soil and groundwater pollution, and the local competent authority has verified that the concentrations of soil and groundwater pollutants do not exceed those in the soil and groundwater pollution control standards, the area may not be officially announced as a control site.
Article 8
If land used by an enterprise officially announced by the central competent authority is transferred, the assignor shall provide soil pollution assessment investigation and test data, which shall be reported to the special municipality, county, or city competent authority for future reference.
If a land assignor fails to provide relevant data as prescribed in the foregoing paragraph, when the land is officially announced as a control site or remediation site, the assignor will have the same responsibility as that prescribed in Article 31, Paragraph 1 of this Law.
Article 9
When any one of the following situations applies, an enterprise officially announced by the central competent authority shall submit site soil pollution assessment investigation and test data prior to the action in question, and shall request the special municipality, county, or city competent authority, or an agency commissioned by the central competent authority, to perform review:
I. Acquisition of an enterprise establishment license or registration, or application for a business license, in accordance with law.
II. Change of business operator.
III. Change of industry category. However, enterprises whose industry category before and after the change is one which has been officially announced by the central competent authority shall be exempt from this requirement.
IV. Change of scope of operating site.
V. Implementation, in accordance with law, of termination of business, cancellation of operating permit or business license, termination of operation (shipping), plant (facility) closure, or discontinuation of production, manufacturing, or processing.
In the foregoing paragraph and Paragraph 1 of the foregoing article, the central competent authority shall determine regulations governing the content of soil pollution assessment investigation and test data, times of reporting, documents that must be submitted, assessment investigation methods, times of testing, the qualifications, training, and commissioning of assessment investigation personnel, review operating procedures, and other binding matters.
Article 10
When, in accordance with this Act, soil, bottom sediment, and groundwater pollution investigation or remediation work is performed, or soil and groundwater pollution test data is provided or submitted, except when approved by the central competent authority, the soil, bottom sediment, and groundwater pollutant testing shall be commissioned to an analysis organization approved by the central competent authority.
With regard to the analysis organization in the foregoing paragraph, the central competent authority shall determine regulations governing the organization's criteria, facilities, permit application, review, issuance (replacement), revocation, and cancellation, suspension and resumption of business, audit and evaluation procedures, instruments and equipment, test personnel, in-service training, technical evaluation, blind testing, test methods, quality control matters, basic quality system guidelines, test report signing and data submission, implementation of operations, and other binding matters.
The central competent authority shall determine methods and quality control guidelines when soil, bottom sediment, and groundwater pollutant testing is performed as prescribed in Paragraph 1.
Article 11
All documents provided or submitted in accordance with this Act, including pollution control plans, pollution remediation plans, assessment investigation data, and pollution investigation and assessment plans, must be certified by a legally registered and practicing environmental engineer, applied geological engineer, or other relevant professional engineer.