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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 6 Financing and Responsibility
Article 28
The central competent authority may, for the purpose of remediating soil and groundwater pollution, levy soil and groundwater pollution remediation fees on manufacturers and importers in accordance with the amounts of officially announced chemical substances manufactured and imported by such enterprises, and shall establish a Soil and Groundwater Pollution Remediation Fund.
In the foregoing paragraph, the central competent authority shall determine regulations governing categories of substances for which soil and groundwater pollution remediation fees may be levied, calculation methods, payment procedures, payment deadlines, the commissioning of professional organizations to perform audits, and other binding matters.
The fund in the first paragraph shall be used for the following purposes:
I. Expenditures made by competent authorities at all levels for verification, adoption of necessary response measures, supervision, and plan determination, review, investigation, assessment, implementation, and change pursuant to Article 7, Paragraphs 1 and 5; Article 12, Paragraph 1, Paragraphs 5, 6, 8 through 10, and 13; Article 13, Paragraphs 1 and 2; Article 14, Paragraphs 1 and 3; Article 15; Article 22, Paragraphs 1, 2, and 4; Article 24, Paragraphs 3 through 5; and Article 27, Paragraphs 1 and 2.
II. The funds claims for compensation a nd legal expenses.
III. The funds personnel and administrative management expenses, personnel expenses incurred by soil and groundwater pollution prevention and remediation work.
IV. Expense of soil and groundwater pollution control work performed by competent authorities at all levels.
V. Expense of audit of soil and groundwater pollution verification and implementation effectiveness.
VI. Expense of international environmental protection work involving soil and groundwater pollution.
VII. Expense of audits of soil and groundwater quality monitoring and implementation effectiveness.
VIII. Expense of levying soil and groundwater pollution remediation fees.
IX. Expense of soil and groundwater pollution health risk assessment and management.
X. Expense of researching, promoting, developing, and creating incentives for soil and groundwater pollution remediation technology.
XI. Matters concerning subsidies for soil and groundwater pollution prevention work.
XII. To cover other costs in connection with soil pollution or groundwater pollution remediation approved by the central competent authority.
In the foregoing paragraph, the central competent authority shall determine regulations governing recipients of the Funds incentives and subsidies, application qualifications, review procedures, revocation of incentives and subsidies, cancellation, demand for payment, and other binding matters.
The central competent authority may dispatch personnel bearing identification documents into a factory (site) or business premise belonging to a payer of soil and groundwater pollution remediation fees to perform relevant audit tasks or order the payer to provide necessary data, and the payer may not evade, obstruct, or refuse such orders.
Article 29
Funds for the Soil and Groundwater Pollution Remediation Fund shall be derived from the following:
I. revenue from fees collected for soil and groundwater pollution remediation fees;
II. The amounts paid by polluters, persons potentially responsible for pollution, and interested parties of the polluted land pursuant to Article 43 and Article 44.
III. Payments from land developers pursuant to Paragraph 3 of Article 51;
IV. Accrued interest income generated by the Fund;
V. Funds appropriated through the budget process as determined by the central competent authority;
VI. Funds from the partial appropriation of relevant environmental protection funds;
VII. Funds from the partial appropriation of criminal and administrative fines for environmental pollution; and
VIII. Other related income.
Article 30
In the foregoing article, a fund management committee shall be established for the Soil and Groundwater Pollution Remediation Fund (hereafter termed management committee) to bear responsibility for fund management and use. The management committee may establish work and technical subcommittees to meet the following needs:
I. Remediation site review pursuant to Paragraph 3 of Article 12;
II. Assessment and cleanup grading work pursuant to Article 14 or Article 27;
III. Review of expenses and costs for essential response measures;
IV. Review and approval of pollution remediation plan or remediation goals pursuant to Article 22, Article 24, or Article 27.
V. Other relevant matters regarding the review of appropriations from the Fund.
The management committee in the foregoing paragraph shall have members, who shall be appointed for periods of two years. Experts and scholars shall account for no less than two-thirds of the total number of committee members. During their period of appointment and for three years after the end of their period of appointment, committee members must avoid undertaking work related to the soil and groundwater pollution remediation matters they reviewed during their period of appointment. Committee members spouses, direct blood relatives, and collateral blood relatives within the third degree of kinship shall avoid undertaking work related to the soil and groundwater pollution remediation matters the committee members reviewed during their period of appointment.
Article 31
If an interested party of the polluted land fails to demonstrate due diligence as a good manager, that party shall bear responsibility for expenditures made by competent authorities at all levels pursuant to Article 13, Paragraph 2; Article 14, Paragraph 3; Article 15; Article 22, Paragraphs 2 and 4; and Article 24, Paragraph 3, and the polluter and person potentially responsible for pollution shall bear joint payment responsibility.
If an interested party of the polluted land fails to demonstrate due diligence as a good manager, that party shall bear responsibility for expenditures made by competent authorities at all levels pursuant to Article 13, Paragraph 2; Article 14, Paragraph 3; Article 15; Article 22, Paragraphs 2 and 4; and Article 24, Paragraph 3, and the polluter and person potentially responsible for pollution shall bear joint payment responsibility.
The person potentially responsible for pollution may seek compensation for the expenditures in the foregoing paragraph from the polluter.
In Paragraph 1, the central competent authority shall determine guidelines concerning criteria and guidelines for judging whether the interested party of the polluted land has demonstrated due diligence as a good manager, management measures, and other relevant matters.