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Chapter 5 Remediation and Restoration Measures
Article 22
(a) A remediation site polluter or person potentially responsible for pollution shall submit a soil or groundwater pollution remediation plan pursuant to the investigation and assessment results in article 14 within six months after notification by the special municipality, county, or city competent authority, and shall implement this plan after approval by the special municipality, county, or city competent authority. If the polluter or person potentially responsible for pollution considers that an extension is necessary, it shall clearly state the reasons, and submit an extension application to the special municipality, county, or city competent authority from 30 to 60 days before deadline. If another extension is necessary, the applicant shall clearly state the reasons, and submit an extension application to the central competent authority from 30 to 60 days before the expiry date of the extension. Special municipality, county, or city competent authorities shall submit the approved remediation plan of soil or groundwater pollution to the central competent authority for future reference, and make public announcement of a summary of the plan and the review conclusions.
(b) If the remediation site polluter or person potentially responsible for pollution in the preceding paragraph is not clearly known or has failed to comply with the provisions prescribed in the preceding paragraph, the special municipality, county, or city competent authority may, when necessary, draft a soil or groundwater pollution remediation plan intended to reduce pollution and prevent threats to public health and living environment on the basis of its financial status, technical feasibility of remediation, the actual state of the site, the investigation and assessment results in article 14, and the prescribed cleanup priority ranking; the special municipality, county, or city competent authority shall implement this plan after approval by the central competent authority, and make public announcement of a summary of the plan and the review conclusions.
(c) An interested party of the polluted land may submit a remediation plan before the special municipality, county, or city competent authority has performed the soil or groundwater pollution remediation work, and the provisions of paragraph 1 shall apply mutatis mutandis.
(d) The implementer of a soil and groundwater pollution remediation plan may apply for a remediation plan change in accordance with the procedures prescribed in paragraphs 1 and 2; the special municipality, county, or city competent authority may also change the remediation plan on its own, or order the remediation plan implementer to do so, in view of the facts.
(e) If there are multiple polluters, persons potentially responsible for pollution, or interested parties of the polluted land, they may jointly submit a soil and groundwater pollution remediation plan.
Article 23
(a) Before granting the approval of a soil or groundwater pollution remediation plan described in the previous article, competent authorities at all levels shall display or post the soil or groundwater pollution remediation plan at a proper place for at least fifteen (15) days.
(b) Anyone who has comments on the plans set forth in the preceding paragraph shall submit such comments in writing to the competent authorities at all levels within twenty (20) days after the display or posting of the plan as prescribed in the preceding paragraph.
Article 24
(a) The soil or groundwater pollution remediation plans in article 22, paragraphs 1 and 3 shall indicate soil or groundwater pollution remediation goals wherein pollutant concentrations are less than soil or groundwater pollution control standards.
(b) With regard to the soil or groundwater pollution remediation plan in the preceding paragraph, if factors such as the geological conditions, pollutant characteristics, or pollution remediation technologies etc. preclude remediation to the extent that pollutant concentrations are less than soil or groundwater pollution control standards, soil or groundwater pollution remediation goals based on environmental impact and health risk assessment results may be submitted after requesting and obtaining the central competent authority’s approval.
(c) When drafting a soil or groundwater pollution remediation plan pursuant to article 22, paragraph 2, a special municipality, county, or city competent authority may submit soil or groundwater pollution remediation goals wherein pollutant concentrations are less than soil or groundwater pollution control standards; or may submit a environmental impact and health risk assessment on the basis of financial and environmental circumstances, submit soil and groundwater pollution remediation goals in accordance with assessment results, and additionally draft a soil or groundwater pollution control plan, which shall be implemented mutatis mutandis pursuant to the provisions of article 22 paragraphs 2 and 4.
(d) When remediation site land is to be used in conjunction with land development, the central competent authority may approve the soil and groundwater pollution remediation goals in consultation with relevant agencies. The development use method of the remediation site land may not be changed after approval of the remediation goals. Any changes in development use may be implemented only after requesting and obtaining the approval of the central competent authority in consultation with relevant agencies, and changing the development use plan in accordance with other laws and regulations. If changes are made to the development use when the remediation sites pollutant concentrations are less than those in the approved remediation goals, and control or regulatory listing has been cancelled, the special municipality, county, or city competent authority shall perform a preliminary assessment of the site, and the case shall be handled as prescribed in article 12.
(e) Competent authorities must hold public hearings before approving remediation plans containing goals that are not less than control standards.
(f) In the preceding paragraph, the central competent authority shall prescribe hearing holding procedures and relevant compliance matters.
(g) When approving a soil or groundwater pollution remediation plan in accordance with paragraphs 2 and 4, competent authority may, in accordance with the state of the environment, order the remediation plan implementer to submit risk management methods and a soil or groundwater pollution control plan; following the procedures prescribed in article 22, the plan shall be implemented after approval by the competent authority.
(h) In the environmental impact and health risk assessment in paragraphs 2 and 3, central competent authority shall prescribe regulations governing hazard evaluation, dose-response assessment, exposure assessment, description of risk characteristics, and other compliance matters.
Article 25
The polluters, person potentially responsible for pollution, interested parties of the polluted land or the user, administrator, or owner of the land within the soil pollution or groundwater pollution control area shall cooperate with the implementation of soil pollution or groundwater pollution remediation or control plans. Competent authorities at all levels may dispatch personnel bearing identification documents to the site to investigate or order the production of any necessary materials; evasion, obstruction, or refusal is prohibited.
Article 26
(a) If the concentrations of soil or groundwater pollutants at a control site or remediation site are less than the control standards due to adoption of appropriate measures or implementation of a control plan or remediation plan, the adopter of appropriate measures or plan implementer shall request the special municipality, county, or city competent authority, or central competent authority, to grant approval thereof.
(b) The following matters shall be performed after the special municipality, county, or city competent authority, or central competent authority, grants its approval:
(1) publicly announce the cancellation of the control or regulatory listing of the control site or remediation site implemented pursuant to article 12, paragraphs 2 and 3, and cancellation of public reading.
(2) publicly announce the removal or modification of the delineation of the soil pollution or groundwater pollution control area as set forth in article 16; and
(3) request the land registration agency with local jurisdiction to revoke the control site or remediation site registration implemented pursuant to article 12, paragraph 3 and registration of prohibition of transactions regarding the land implemented pursuant to article 21.
(a) When publicly announcing the cancellation of control over a control site, remediation site, or soil or groundwater pollution control zone in the preceding paragraph, the special municipality, county, or city competent authority shall report to the central competent authority for future reference.
(b) For land that has been remediated, land use industry competent authorities shall carry out land use restoration matters in accordance with actual land use needs.
Article 27
(a) When competent authorities at all levels perform site verification pursuant to article 12, paragraph 1, if the sites groundwater pollutant concentrations meet groundwater pollution control standards, but the pollution source is unclear, the competent authorities shall make public announcement of a delineated groundwater pollution use restriction zone and the restricted items, and shall adopt necessary response measures pursuant to article 15, and apply mutatis mutandis the provisions of article 25 in the implementation thereof.
(b) If, following preliminary assessment by the special municipality, county, or city competent authority, a site in the preceding paragraph is suspected of posing a severe threat to public health and living environment, the competent authority shall apply mutatis mutandis the provisions of article 14, article 15, and articles 22 through 26 governing remediation sites.