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Chapter Law Content

Chapter 2 Preventive Measures
Article 6
(a) 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 standards 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 future reference.
(b) The applicable scope, items of pollutant, standard values of pollutant and other compliance matter’s standards for soil or groundwater pollution monitoring and control set forth in the preceding paragraph shall be separately prescribed by the central competent authority.
(c) The authorities in charge of the relevant industries of the following zones shall regularly test soil and groundwater quality in accordance with pollution potentials in the area, and submit the resulting data to the special municipality, county or city competent authority for future reference:
(a.1) Industrial parks;
(a.2) Export processing zones;
(a.3) Science-based industrial parks;
(a.4) Environmental technology parks;
(a.5) Agricultural technology parks;
(a.6) Other specially designated zones publicly announced by the central competent authority.
(a) In the preceding 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.
(b) The industry competent authorities in charge of the following water bodies shall regularly test sediment quality, and submit the resulting data to the central competent authority for future reference after performing assessment as per the comparison with sediment quality indicators, and publicly announce the state of sediment quality:
(1) Rivers;
(2) Irrigation canals;
(3) Lakes;
(4) Reservoirs;
(5) Other specially designated surface water bodies publicly announced by the central competent authority.
(c) The central competent authority shall prescribe classified management of and use restrictions on the sediment quality indicators in the preceding paragraph.
(d) Concerning the sediment quality in paragraph 5, the central competent authority shall prescribe regulations governing its content, timing for reports, required documents to be submitted, timing for tests, and other compliance matters.
Article 7
(a) Competent authorities at all levels may dispatch personnel bearing identification documents to enter public or private premises for the following verification works and may order site user, administrator or owner to provide related data:
(a.1) Investigating the status of soil, sediment or groundwater pollution, and the sources of soil, sediment or groundwater pollutants;
(a.2) Sampling of soil, groundwater or relevant pollutants and establishing groundwater monitoring wells;
(a.3) Collecting samples of agricultural or aquacultural products in conjunction with the agriculture and health competent authorities.
(b) Verification works in the preceding paragraph that involve military affairs shall be jointly conducted with local military authorities.
(c) The verification works or the order to provide data in the two preceding paragraphs shall not be evaded, obstructed or refused.
(d) Inspection agency and its personnel shall maintain confidentiality concerning the industrial, commercial or military secrets known in verification works.
(e) If a competent authority at any level discovers during the course of verification work that pollution of soil, 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, it may order a polluter, person potentially responsible for pollution, or site user, administrator or owner to implement the necessary response measures in article 15, paragraph 1, subparagraphs 3, 4, 7, and 8.
(f) The implementation of necessary response measures in the preceding paragraph shall be completed within 12 months; when necessary, this deadline may be extended once, but the extension shall not exceed six months.
(g) When the necessary response measures adopted pursuant to paragraph 5 achieve the mitigation of soil or groundwater pollution, and the local competent authority has verified that the concentrations of soil and groundwater pollutants are under the soil or groundwater pollution control standards, the area may not be publicly announced as a control site.
Article 8
(a) If a 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.
(b) If a land assignor fails to provide relevant data as prescribed in the preceding 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 Act.
Article 9
(a) When any one of the following situations exists, an enterprise officially announced by the central competent authority shall be required to 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 thereof:
(a.1) Acquisition of an enterprise establishment permission or registration, or application for a business license, in accordance with law;
(a.2) Change of business operator;
(a.3) Change of industry category, except that an enterprise whose industry categories before and after the change are both belonging to those which have been officially announced by the central competent authority;
(a.4) Change of scope of operating site;
(a.5) Conducting, in accordance with law, the reposition of business, cancellation of operating permit or business license, termination of business (operation), plant (facilities) closure, or discontinuation of production, manufacturing, or processing.
(b) Concerning soil pollution assessment investigation and test data provided in the preceding paragraph and Paragraph 1 of the preceding article, the central competent authority shall prescribe regulations governing the content thereof, timing of reports, required documents to be submitted, assessment investigation methods, timing of tests, the qualifications and training of assessment investigation personnel, the commissioning, review operating procedures and other compliance matters.
Article 10
(a) When, in accordance with this Act, the soil, sediment and groundwater pollution investigation or remediation work is performed, or soil and groundwater pollution test data are provided or submitted, except when approved by the central competent authority, the soil, sediment and groundwater pollutant test shall be commissioned to a testing organization approved by the central competent authority.
(b) With regard to the testing organization in the preceding paragraph, the central competent authority shall prescribe 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 compliance matters.
(c) The central competent authority shall prescribe methods and quality control guidelines when soil, 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.