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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 4 Regulatory Measeues
Article 15
The competent authorities with local jurisdiction shall, according to actual circumstances at control or remediation sites, adopt the following emergency response measues to mitigate pollution harm or prevent pollution expansion.
I. order polluters to cease activities, suspend business or partially or completely suspend work;
II. 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;
III. provide necessary alternative drinking water or notifying tap water authorities to provide access to tap water supply as a priority;
IV. Erect notification signs or fences;
V. In conjunction with the agriculture and health competent authority, perform testing of agricultural or aquacultural products contaminated by or suspected of being contaminated by soil pollution; and, when necessary, control or destroy such products in conjunction with the agriculture and health competent authority, and provide appropriate compensation for the destroyed products, or restrict the use of agricultural land to the cultivation of specific crops.
VI. evacuate residents or control people's activities;
VII. remove or dispose of pollutants; and
VIII. other response measures as necessary.
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 foregoing paragraph.
Article 16
A special municipality, county, or city competent authority shall delineate and publicly announce soil and groundwater pollution control zones based on the situation or scope of the soil and groundwater pollution of the control or remediation sites, and shall report the soil and groundwater pollution control zones to the central competent authority for future reference; likewise in the case of changes in the situation or scope of the soil and groundwater pollution.
Article 17
The following actions are prohibited within a soil and groundwater pollution control zones. If, however, such actions shall be subject to this restriction when comprising tasks in a legally-approved pollution control plan, pollution remediation plan, or other pollution improvement plan:
I. Putting pollutants into soil.
II. Injecting wastewater and sewage into a groundwater body.
III. Discharging wastewater and sewage into soil.
IV. Other control activities officially announced by the competent authority
The following land use activities are prohibited within a soil and groundwater pollution control zone, and the entry of personnel may be restricted. This restriction shall not apply, however, when the central competent authority has granted its consent:
I. Development actions prescribed in the Environmental Impact Assessment Act.
II. Construction of new or additional, alteration, renovation, or demolition of buildings or facilities until required in a pollution control plan, pollution remediation plan, or other pollution improvement plan.
III. Other land use activities that have been designated by the central competent authority as affecting the health and living environment of residents.
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 actions 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, or the cultivating or harvesting of marine animals and plants within the pollution control zone.
Article 19
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 approval.
If the work in the foregoing 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.
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 control plan in the two foregoing paragraphs.
The cleanup or pollution control 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, manager, or owner may request compensation from the polluter for damages incurred due to controls from Article 17 to the foregoing article.
Article 21
Special municipality, county, or city competent authorities shall entrust registration competent authorities with local jurisdiction with registration of the prohibition of transactions regarding remediation site land. When compulsory auction procedures have been implemented for land, such procedures may be cancelled.