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Title: Soil and Groundwater Pollution Remediation Act CH
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 5 Remediation and Restoration Measures
Article 22
A remediation site polluter or person potentially responsible for pollution shall submit a soil and 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 believes that an extension will be necessary, it shall clearly state the reason, 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 reason, and submit an extension application to the central competent authority from 30 to 60 days before the end of the extension period. Special municipality, county, or city competent authorities shall submit approved soil and groundwater pollution remediation plans to the central competent authority for future reference, and publicly announce a summary of the plan and review conclusions.
If the remediation site polluter or person potentially responsible for pollution in the foregoing paragraph is not clearly known or has failed to comply with the actions prescribed in the foregoing paragraph, the special municipality, county, or city competent authority may, when necessary, draft a soil and groundwater pollution remediation plan intended to reduce pollution and prevent threats to citizens 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 determined cleanup priority ranking grade; the special municipality, county, or city competent authority shall implement this plan after approval by the central competent authority, and publicly announce a summary of the plan and review conclusions.
An interested party of the polluted land may submit a remediation plan before the special municipality, county, or city competent authority performs soil and groundwater pollution remediation work, and the regulations of Paragraph 1 shall be applied.
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.
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
Before granting the approval of a soil and groundwater pollution remediation plan described in the previous article, competent authorities at all levels shall display or post the soil and groundwater pollution remediation plan at a proper place for at least fifteen (15) days.
Anyone who has comments on the plans set forth in the foregoing 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 foregoing paragraph.
Article 24
The soil and groundwater pollution remediation plans in Article 22, Paragraphs 1 and 3 shall indicate soil and groundwater pollution remediation goals wherein pollutant concentrations are less than soil and groundwater pollution control standards.
With regard to the soil and groundwater pollution remediation plan in the foregoing paragraph, if factors such as the geological conditions, pollutant characteristics, or pollution remediation technologies preclude remediation until pollutant concentrations are less than soil and groundwater pollution control standards, soil and groundwater pollution remediation goals based on environmental impact and health risk assessment results may be submitted after requesting and obtaining the central competent authoritys approval.
When determining a soil and groundwater pollution remediation plan pursuant to Article 22, Paragraph 2, a special municipality, county, or city competent authority may submit soil and groundwater pollution remediation goals wherein pollutant concentrations are less than soil and 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 and groundwater pollution control plan, which shall be implemented following the regulations of Article 22 Paragraphs 2 and 4.
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.
Competent authorities must hold public hearings before approving remediation plans containing goals that are not less than control standards.
In the foregoing paragraph, the central competent authority shall determine hearing holding procedures and relevant binding matters.
When approving a soil and 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 and groundwater pollution control plan; following the procedures prescribed in Article 22, the plan shall be implemented after approval by the competent authority.
In the environmental impact and health risk assessment in Paragraphs 2 and 3, central competent authority shall determine regulations governing hazard evaluation, dose-response assessment, description of risk characteristics, and other binding matters.
Article 25
The polluters, 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 and 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
If the concentrations of soil and 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.
The following matters shall be performed after the special municipality, county, or city competent authority, or central competent authority, grants its approval:
I. 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 reading.
II. Officially announce the removal or modification of the delineation of the soil pollution or groundwater pollution control area as set forth in Article 16; and
III. 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.
When publicly announcing the cancellation of control over a control site, remediation site, or soil and groundwater pollution control zone in the foregoing paragraph, the special municipality, county, or city competent authority shall report to the central competent authority for future reference.
For land that has been remediated, land use industry competent authorities shall according to actual land use needs carry out land use restoration matters.
Article 27
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 publicly declare a delineated groundwater pollution use restriction zone and the restricted items, and shall adopt necessary response measures pursuant to Article 15, and perform implementation following the regulations in Article 25.
If, following preliminary assessment by the special municipality, county, or city competent authority, a site in the foregoing paragraph is suspected of posing a severe threat to citizens health and living environment, the competent authority shall proceed following regulations in Article 14, Article 15, and Articles 22 through 26 governing remediation sites.