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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 7 Penal Provisions
Article 32
Those that violate Article 7, Paragraph 5 by not adopting necessary response measures, or who fail to comply with orders given by a special municipality, county, or city competent authority pursuant to Article 15, Paragraph 1, Subparagraph 1 and Paragraph 2, thereby causing human death, shall be punished by life imprisonment or a minimum of seven years imprisonment, and may be fined a maximum of NT$5 million; those that cause severe injury shall be punished by three to ten years imprisonment and may be fined a maximum of NT$3 million.
Article 33
Those that pollute the soil deliberately with the intention to change the classification of land use shall be punished by one to ten years imprisonment and may be fined a maximum of NT$1 million.
Those who pollute the soil or groundwater deliberately, causing the land to become a pollution control site or remediation site, shall be punished by one to five years imprisonment.
Those who commit the violations in the foregoing two paragraphs, thereby causing human death, shall be punished by shall be punished by life imprisonment or a minimum of seven years imprisonment, and may be fined a maximum of NT$5 million; those that cause severe injury shall be punished by three to ten years imprisonment and may be fined a maximum of NT$3 million.
Article 34
Those polluters, persons potentially responsible for pollution, interested parties of the polluted land, employees of analysis organizations, and assessment and investigation personnel specified in Articles 8 and 9 who have reporting obligations pursuant to this Act and who keep false records shall be punished by a maximum of three years imprisonment, detention and/or a maximum fine of NT$1 million.
Those representatives of enterprises officially announced by the central competent authority who provide or submit false soil pollution assessment and investigation data pursuant to Articles 8 and 9 shall be fined a maximum of NT$1 million.
Article 35
Those who fail to comply with the orders of a special municipality, county, or city competent authority given pursuant to Article 15, Paragraph 1, Subparagraph 1 shall be punished by a maximum of one year of imprisonment and detention, and/or may be fined a maximum of NT$30,000.
Article 36
For those circumstances in which a representative of a juridical person, or an agent, employee or other working personnel of a juridical person or natural person, violates, due to the performance of business activities, Article 32 and preceding articles, in addition to the perpetrator being punished pursuant to the regulations of each article violated, said juridical person or natural person shall also be fined pursuant to the regulations of each article violated.
Article 37
Those polluters or persons potentially responsible for pollution who violate the requirements of Article 12, Paragraph 7, Article 13, Paragraph 1, Article 22, Paragraphs 1 or 4, or Article 24, Paragraph 7 by failing to submit a control plan or remediation plan shall be fined NT$1 million to NT$5 million and shall be notified to make corrections or improvements within a limited period; those that have still failed to make corrections or improvements by the deadline shall be fined per violation.
Article 38
Those in one of the following circumstances shall be fined NT$120,000 to NT$1,000,000 and may be fined per violation.
I. The evasion, obstruction, or refusal of verification, audit, order, or matters in which they must cooperate implemented pursuant to Article 7, Paragraph 1, Article 25, or Article 28, Paragraph 5.
II. Failure to comply with orders given by a competent authority at any level pursuant to Article 7, Paragraph 5 or Article 15, Paragraph 2.
Those in one of the following circumstances shall be fined NT$200,000 to NT$1,000,000 and may be fined per violation.
I. A polluter or person potentially responsible for pollution fails to submit or implement a soil and groundwater pollution investigation and assessment plan pursuant to Article 14, Paragraph 1.
II. After a polluter or person potentially responsible for pollution sends a control plan or remediation plan to a special municipality, county, or city competent authority for review pursuant to Article 13, Paragraph 1 or Article 22, Paragraph 1, the applicant fails to complete correction by the deadline after being notified in writing by the special municipality, county, or city competent authority three times to make corrections.
III. The implementer of a control plan or remediation plan fails to implement the content of the control plan or remediation plan approved by the competent authority pursuant to Article 13, Article 22, Paragraphs 1 and 3, or Article 24, Paragraph 5.
Article 39
Those who fail to pay fees by the deadline pursuant to the fee collection regulations of Article 28, Paragraph 2 shall pay, in addition to said fees, interest that shall accrue daily based on the fixed annual interest rate for a one-year time deposit with the Directorate General of the Postal Remittances and Savings Bank on the day of the payment deadline; those who have still failed to make payments 90 days after the payment deadline shall be fined NT$200,000 to NT$1 million.
Article 40
An assignor who violates the regulations of Article 9, Paragraph 1 by failing to report for future reference or for public announcement by the central competent authority pursuant to Article 8, Paragraph 1 shall be fined NT$150,000 to NT$750,000, and shall be notified to make corrections within a limited period; those that have still failed to make corrections by the deadline shall be fined per violation.
A polluter, person potentially responsible for pollution, or interested party of the polluted land who violates the regulations of Article 17 or Article 18 shall be fined NT$150,000 to NT$750,000, and shall be notified to make corrections within a limited period; those that have still failed to make corrections by the deadline shall be fined per violation; in severe circumstances, orders may be issued for the suspension of activities, the suspension of work, or the suspension of business. When necessary, orders may also be issued for the termination of business.
A polluter whose actions cause land to be publicly declared a pollution remediation site shall be fined NT$150,000 to NT$750,000, the polluters personal name or name shall be publicly announced, and the polluter shall receive four hours of lessons concerning relevant regulations of this Act and environmental education.
Article 41
Those in one of the following circumstances shall be fined NT$100,000 to NT$500,000 and shall be notified to make corrections within a limited period; those that have still failed to make corrections by the deadline shall be fined per violation; those that have still failed to make corrections by the deadline shall be fined per violation; in severe circumstances, orders may be issued for the suspension of activities, the suspension of work, or the suspension of business, and when necessary, the competent authority may issue orders for the termination of business:
I. A person who is not a polluter, person potentially responsible for pollution, or interested party of the polluted land violates the regulations of Article 17 or Article 18.
II. Those who violate restricted matters concerning a groundwater pollution use restriction zone officially declared pursuant to Article 27, Paragraph 1.
Failure to submit a cleanup or pollution control plan to the special municipality, county, or city competent authority for approval pursuant to Article 19, Paragraph 1 shall be fined NT$100,000 to NT$500,000 and shall be notified to make corrections within a limited period; those that have still failed to make corrections by the deadline shall be fined per violation.
Those in one of the following circumstances shall be fined NT$100,000 to NT$500,000:
I. A polluter's actions cause land not publicly declared a remediation site to be publicly declared a pollution control site.
II. The failure to demonstrate due diligence as a good manager of an interested party of the polluted land causes land to be publicly declared a remediation control site.
The special municipality, county, or city competent authority shall publicly announce the personal name or name of the polluter in the first subparagraph of the foregoing paragraph, and shall order the polluter to receive four hours of lessons concerning relevant regulations of this Act and environmental education.
Article 42
Those in one of the following circumstances shall be fined NT$50,000 to NT$250,000.
I. Violation of regulations determined pursuant to Article 10, Paragraph 2 concerning instruments and equipment, test personnel, in-service training, technical evaluation, blind testing, test methods, quality control matters, basic quality system guidelines, test report signing and data submission, and implementation of operations, and other binding matters.
II. Failure to act in accordance with a cleanup or pollution control plan approved pursuant to Article 19, Paragraph 1.
III. An interested party a control site not publicly declared a remediation site fails to demonstrate due diligence as a good manager, causing the land to be publicly declared a control site.
When an analysis organization violates the regulations of the first subparagraph of the foregoing paragraph, the central competent authority may order the organization to make rectification within a limited time period, those that have still failed to make corrections by the deadline shall be fined per violation; in severe circumstances, the organizations permit may cancelled or revoked.
A polluter who violates the regulations of Article 40, Paragraph 3 or Article 41, Paragraph 4 by failing to receive lessons shall be fined NT$50,000 to NT$250,000; a polluter who still fails to receive lessons after further notification may be fined per violation until participation in the lessons.
Article 43
A polluter who violates the regulations of Article 40, Paragraph 3 or Article 41, Paragraph 4 by failing to receive lessons shall be fined NT$50,000 to NT$250,000; a polluter who still fails to receive lessons after further notification may be fined per violation until participation in the lessons.
With regard to the expenditures made by a person potentially responsible for pollution when implementing the regulations of Article 12, Paragraph 7; Article 13, Paragraph 1; Article 14, Paragraph 1; Article 15; and Article 22, Paragraph 1, an application with attached receipts for expenditures may be made to the central competent authority for payment of one-half of expenditures after completion of implementation.
If a polluter or person potentially responsible for pollution is a corporate organization, the special municipality, county, or city competent authority may order the statutory responsible person or company or shareholder holding a majority of the organizations total capital or total outstanding shares with voting rights, or directly or indirectly controlling the organizations personnel affairs, finances, or operations to pay the expenses in the two foregoing paragraph within a limited time period; likewise in circumstances where the polluter or person potentially responsible for pollution has ceased to exist due to merger, partition, or other reasons.
In the foregoing paragraph, if the statutory responsible person of the polluter or person potentially responsible for pollution, or company or shareholder holding a majority of the organizations total capital or total outstanding shares with voting rights, or directly or indirectly controlling the organizations personnel affairs, finances, or operations was actually responsible for decisions concerning polluting acts, the polluter or person potentially responsible for pollution may seek compensation from the statutory responsible person, company, or shareholder for the expenditures in Paragraph 1.
If the expenses that must be paid by the statutory responsible person, company, or shareholder pursuant to Paragraphs 1 and 3, and for which the polluter or person potentially responsible for pollution must bear responsibility pursuant to Paragraph 3, have not been paid by the deadline, an overdue fine, which shall be assessed at a rate of 0.5% of the overdue amount for each day the expenses are overdue, shall be paid together with the overdue expenses; those that have still failed to pay the expenses 30 days after the deadline shall be fined NT$200,000 to NT$1 million, which shall be paid into the Soil and Groundwater Pollution Remediation Fund within a limited time period.
With regard to the disbursement of necessary response measures expenditures in Article 7, Paragraph 5, a special municipality, county, or city competent authority may, following the regulations of Paragraphs 1 and 5, order a polluter or person potentially responsible for pollution to bear responsibility within a limited time period for the payments to be made by the statutory responsible person, company or shareholder, site user, manager, or owner pursuant to Paragraph 3.
A site user, manager, or owner may jointly seek compensation from the polluter or person potentially responsible for pollution for the expenditures in the foregoing paragraph.
A person potentially responsible for pollution may seek compensation from the polluter for the expenditures in Paragraphs 1, 6, and 7.
When multiple persons are responsible for payment of the expenditures in Paragraphs 1, 3, and 6, such persons shall bear joint payment responsibility for the expenses owed.
Article 44
When an interested party of the polluted land fails to pay expenses pursuant to Article 31, Paragraph 1, and does not pay before the deadline after being notified by the special municipality, county, or city competent authority to make payment within a limited time period, an overdue fine, which shall be assessed at a rate of 0.5% of the overdue amount for each day the expenses are overdue, shall be paid together with the overdue expenses; those that have still failed to pay the expenses 30 days after the deadline shall be fined NT$200,000 to NT$1 million, which shall be paid into the Soil and Groundwater Pollution Remediation Fund within a limited time period.
Article 45
In order to secure the compulsory enforcement of the payment of necessary expenses in the two foregoing paragraphs, the special municipality, county, or city competent authority may, after a disciplinary citation has been delivered to the polluter, person potentially responsible for pollution, interested party of the polluted land, manager, or owner, notify the relevant agency not to transfer or establish other rights over the land within the scope of the property for which expenses must be paid. When that party is a profit seeking enterprise, the special municipality, county, or city competent authority may notify the industry competent authority to restrict the enterprises divestment or cancellation registration.
Article 46
Unless other regulations apply, the penalties determined pursuant to this Act shall be assessed by the Environmental Protection Administration, Executive Yuan, at the central government level, the municipal government in special municipalities and the county or city government in counties and cities.
Article 47
The competent authority shall enforce the suspension of work, suspension of business, suspension of activities and revocation or cancellation of permits in this Act; the industry competent authority, following notification by the competent authority, shall enforce orders for the termination of business.
Those enterprises that have been ordered by the competent authority to suspend business or partially or completely suspend work pursuant to this Act shall, prior to the resumption of business or work, apply to the competent authority by submitting improvement completion verification documents or documents designated by the competent authority to the competent authority; work or operations may be resumed only after review and approval by the competent authority.