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Chapter 4 Regulatory Measures
Article 15
(a) The special municipality, county, or city competent authorities with local jurisdiction shall, according to actual circumstances at control or remediation sites, adopt the following emergency response measures to mitigate pollution harm or prevent pollution expansion:
(a.1) Order polluters to cease act, suspend business or partially or completely suspend work;
(a.2) Investigate groundwater pollution circumstances pursuant to the Water Pollution Control Act and search out persons liable for such pollution; if necessary, inform residents to stop using the groundwater or other polluted water sources, and restrict the digging of wells to obtain groundwater;
(a.3) Furnish necessary alternative drinking water, or notify tap water authorities to provide access to tap water supply as a priority;
(a.4) Erect notification signs or set up fences;
(a.5) Perform testing of agricultural or aquacultural products contaminated by or suspected of being contaminated by soil pollution, in conjunction with the agriculture and health competent authorities; and, when necessary, control or destroy such products jointly with the agriculture and health competent authorities, and provide appropriate compensation for the destroyed products, or restrict the use of agricultural land to cultivate specific crops.
(a.6) Evacuate residents or control people's activities;
(a.7) Remove or dispose of pollutants; or
(a.8) Take other response measures as necessary.
(b) A special municipality, county, or city competent authority may order the polluter, person potentially responsible for pollution, or interested party of the polluted land, or commission a third party to implement the necessary response measures in subparagraphs 3, 4, 7, and 8 of the preceding paragraph.
Article 16
A special municipality, county, or city competent authority shall delineate and publicly announce the soil or groundwater pollution control zone based on the situation or scope of the soil and groundwater pollution of a control or remediation site, and shall report the soil and groundwater pollution control zone to the central competent authority for future reference; likewise in the case of changes in the situation or scope of the soil or groundwater pollution.
Article 17
(a) The following actions are prohibited within a soil or groundwater pollution control zone, provided, however, that such actions shall not be subject to this restriction if they are comprised as works to be executed in a legally-approved pollution control plan, pollution remediation plan, or other pollution improvement plan:
(1) Putting pollutants into soil.
(2) Injecting wastewater and sewage into a groundwater body.
(3) Discharging wastewater and sewage into soil.
(4) Other control activities publicly announced by the competent authority
(a) The following land use activities are prohibited within a soil and groundwater pollution control zone, and the entry of personnel may be restricted, except that the central competent authority has granted its consent:
(1) Development acts prescribed in the Environmental Impact Assessment Act.
(2) New or additional construction, alteration, renovation, or demolition of buildings or facilities not required in a pollution control plan, pollution remediation plan, or other pollution improvement plan.
(3) Other land use activities that have been designated by the central competent authority as affecting the residents’ health and living environment.
(a) A special municipality, county, or city competent authority may prohibit the drinking or use of groundwater, or utilization as a drinking water source, within a groundwater pollution control zone.
Article 18
Special municipality, county, and city competent authorities shall jointly survey agricultural acts within pollution control zones in conjunction with agricultural and health agencies. When necessary, the special municipality, county, or city competent authority may prohibit the growing of edible crops, the raising of poultry or livestock, and the cultivating or harvesting of edible marine animals or plants within the pollution control zone.
Article 19
(a) Those persons engaging in the excavation, backfill, temporary storage, and transport of soil or groundwater extraction within a pollution control zone shall submit a cleanup or pollution prevention plan to the special municipality, county, or city competent authority, and may implement work only after obtaining approval thereof.
(b) If the work in the preceding paragraph is to be performed by the special municipality, county, or city competent authority, the work may be implemented only after reporting to the central competent authority and receiving approval thereof.
(c) The special municipality, county, or city competent authority, or central competent authority, shall complete review within three months after submission of the cleanup or pollution prevention plan in the two preceding paragraphs.
(d) The cleanup or pollution prevention plan in paragraph 1 may be submitted as part of a pollution control plan, pollution remediation plan, or other pollution improvement plan.
Article 20
The interested party of the polluted land, land user, administrator, or owner may request compensation from the polluter for damages incurred due to the controls as provided fromarticle 17 to the preceding article.
Article 21
Special municipality, county, or city competent authorities shall request land registration agency with local jurisdiction to register prohibition of transaction against the land of a remediation site. If the auction in a compulsory execution procedure has been implemented against such a land, the auction may be suspended.