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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 8 Supplementary Provisions
Article 48
Each industry competent authority shall provide guidance to enterprises on the prevention and remediation of soil and groundwater pollution.
Article 49
The payment of fees pursuant to Paragraphs 43 and 44 shall take precedence over all creditor rights and collateral rights.
Article 50
Before a polluter or person potentially responsible for pollution, interested party of the polluted land, site user, manager, or owner is declared bankrupt or undergoes a court-ordered corporate reorganization, expenses that must be paid pursuant to Articles 43 and 44 shall be deemed bankruptcy creditors rights or reorganization creditors rights at the time of bankruptcy declaration or corporate reorganization decision.
Article 51
The zoning or type of land belonging to the polluter, person potentially responsible for pollution, or interested party of the polluted land within the pollution control zone of a remediation site may not be changed, and the land may not be used for any purpose violating control items of the soil and groundwater pollution control zone.
When the land development plan to be implemented by a land developer in accordance with other laws and regulations involves polluted land on a soil and groundwater pollution remediation site, the land development plan may be submitted concurrently with the soil and groundwater pollution remediation plan in Article 22, and shall reviewed in accordance with relevant laws and regulations; implementation of the land development plan begin only after the cancellation of regulatory listing of the soil and groundwater pollution remediation site has been publicly announced.
In the foregoing paragraph, before cancellation of regulatory listing of the soil and groundwater pollution remediation site has been publicly announced and the land development plan implemented, the land developer shall pay 30% of the present value of the original polluted area of the remediation site into the Soil and Groundwater Pollution Remediation Fund, where the present value is calculated by adding 40% to the publicly announced present value of the land for the current year after the change. However, if the land developer had already submitted and completed a remediation plan prior to the day the special municipality, county, or city competent authority submitted a remediation plan, the case shall not be subject to this restriction.
Article 52
When soil and groundwater pollution causes a third party to suffer damage, and there are multiple polluters or persons potentially responsible for pollution, the polluter or persons potentially responsible for pollution shall have joint liability for compensation for damages. Likewise in the case of an interested party of the polluted land who has committed major negligence.
An interested party of the polluted land who pays compensation for damage pursuant to foregoing paragraph shall have the right to seek compensation from the polluter or person potentially responsible for pollution.
Article 53
Articles 7, 12, 13, 16, 17, 18, 32, 36, 38 and 41 of the Act shall apply to the liability of polluters causing soil or groundwater pollution that has occured prior to the effective date of this Act.
Article 54
When a public and private premises violates this Act or a legal order determined pursuant to the authorization of this Act and the competent authority is negligent in enforcement, victims or public interest groups may notify the competent authority in writing concerning the details of the negligent enforcement. When a competent authority has failed to carry out enforcement in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and file a lawsuit directly with an administrative court based on the negligent behavior of the competent authority in the execution of its duties in order to seek a ruling ordering the competent authority to implement its duties.
When issuing a verdict on the lawsuit in the foregoing paragraph, the administrative court pursuant to its authority may order the defendant agency to pay the appropriate lawyer fees, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to soil or groundwater pollution remediation.
The central competent authority shall determine the format of the written notification in Paragraph 1.
Article 55
The central competent authority shall determine the standards of fees collected by competent authorities at all levels pursuant to this Act.
Article 56
The central competent authority shall determine the enforcement rules of this Act.
Article 57
Apart from Article 11, which shall take effect one year after the publicly announce of this Act, the remainder of this Act shall take effect on the date of public announcement.