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Title: Waste Disposal Act CH
Amended Date: 2017-06-14
Category: Environmental Protection Administration(行政院環境保護署)
Chapter 1 General Principles
Article 1
This Act is formulated for the effective clearance and disposal of waste, improvement of environmental sanitation and maintenance of public health. The regulations of other laws shall apply to those matters not regulated by this Act.
Article 2
For the purpose of this Act, “waste” means any movable solid or liquid substance or object:
I.Which is discarded;
II.Whose original purpose is weakened, given up, no longer existing, or unclear;
III.Which is resulted from construction, manufacturing, processing, repairing, selling, or other activities, and is not deliberately created;
IV.Which is resulted from production process, with no feasible technology existing, and is of no economic or market value;
V.Which is announced as “waste” by central competent authority.
The waste referred to in the preceding paragraph is divided into “general waste” and “industrial waste.”
I.General waste refers to waste that is not industrial waste.
II.Industrial waste refers to waste that is produced from industry activities (but excluding waste generated by the employees themselves), including “hazardous industrial waste” and “general industrial waste.”
A.Hazardous industrial waste: waste produced by industry that is toxic or dangerous with the concentration or volume sufficient to influence human health or pollute the environment.
B.General industrial waste: waste produced by industry that is not hazardous industrial waste.
The central competent authority in consultation with the central industry competent authority shall enact determination standards for the hazardous industrial waste referred to in the foregoing paragraph.
The disposal of ionizing radioactive waste shall be performed in accordance with the relevant atomic energy regulations.
The industry referred to in Paragraph 2 means agricultural, industrial and mining plants and sites, construction enterprises, medical organizations, public and private waste clearance and disposal organizations, joint industrial waste clearance and disposal organizations, laboratories of schools or agency groups and other enterprises designated by the central competent authority.
Article 2-1
Any product coming from industry activities shall be determined as waste when it is under any of the following circumstances:
I.The product is determined as of no economic or market value by the central competent authority, and is intended to be disposed of illegally or harmful to the environment and human health.
II.The product is not lawfully stored or used, and is intended to be disposed of illegally or causing pollution.
III.The reuse product is not used in accordance with this Act, and is intended to be disposed of illegally or causing pollution.
Article 3
“Designated clearance area” as referred to in this Act means a clearance area officially announced and designated by the enforcement authority based on environmental sanitation needs.
Article 4
“Competent authority” as referred to in this Act means 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 or cities.
Article 5
“Enforcement authority” as referred to in this Act means the environmental protection bureau of a special municipality government, the environmental protection bureau of a county or city government and the public office of a rural township, urban township or city.
The enforcement authority shall establish dedicated units for the performance of recycling, clearance, disposal and waste investigation work for general waste.
The enforcement authority shall be responsible for the planning of land to be used for the recycling, clearance and disposal of general waste, and shall coordinate with and grant preference to the relevant agencies for the acquisition of the land.
The recycling, clearance and disposal of general waste shall be performed by the environmental protection bureau of the special municipality government in special municipalities and by the environmental protection bureau of the provincial city in provincial cities. In counties, the recycling and clearance of general waste shall be performed by the public office of a rural township, urban township or city and the disposal of general waste shall be performed by the environmental protection bureau of the county; when necessary, the county may commission the public office of a rural township, urban township or city to perform disposal work.
The environmental protection bureaus of counties shall complete the adjustment of general waste work pursuant to the foregoing regulations prior to July 14, 2004 and shall be in centralized management of said work.
The central competent authority shall determine the general waste recycling items in Paragraph 2. However, special municipality, county and city competent authorities may add other general waste recycling items based on special requirements within their jurisdiction areas, and the added items shall be submitted to the central competent authority for future reference.
Article 6
When the competent authority or industry competent authority plans the establishment of waste disposal facilities pursuant to the regulations of this Act, for those circumstances in which the land to be used involves modifications to urban planning, the competent authority or industry competent authority shall coordinate with the urban planning competent authority and perform the modifications pursuant to Article 27 of the Urban Planning Act; for those circumstances in which the land involves modifications to the use of non-urban land, modifications and rezoning shall be carried out in accordance with the law after approval of the acquisition of the land through appropriation or allocation. Land for which rezoning as a waste disposal zone has been completed and that is public land may be allocated, or leased or sold to the founder, and shall not be subject to the restrictions of Article 25 of the Land Act.
Article 7
For the joint establishment of waste disposal sites and performance of waste clearance and disposal work, special municipality, county or city competent authorities may draft establishment management regulations, and, after receiving central competent authority approval, may establish a regional joint clearance and disposal unit.
Article 8
When existing waste storage, recycling, clearance or disposal facilities are caused to have insufficient power due to natural disaster, major accident or other urgent matters and there is concern of polluting the environment or influencing human health, the central competent authority shall cooperate with the central industry competent authority and relevant agencies and, after receiving Executive Yuan approval, may designate emergency waste disposal methods, facilities, sites and deadlines and shall not be subject to Article 28, Article 31, Paragraph 1, Subparagraph 1, Article 36, Article 39, Article 41 of this Act, Article 13 of the Water Pollution Control Act, Article 24 of the Air Pollution Control Act, Article 16 of the Environmental Impact Assessment Act, Article 15 of the Company Act, Article 8 of the Business Registration Act or restrictions related to land use controls of the Urban Planning Act, Regional Planning Act or Statute for Upgrading Industries.
Article 9
The competent authority may, on its own or through a commissioned enforcement authority, dispatch personnel bearing identification documents to enter a public or private premises or intercept waste or surplus earth and gravel clearance equipment to perform inspection or sampling of waste storage, clearance, disposal or reuse circumstances and order the provision of relevant information; waste or surplus earth and gravel clearance equipment shall carry in the vehicle verification documents recording the production source and disposal site of the waste or surplus earth and gravel to be provided for inspection.
The competent authority or the commissioned enforcement authority, when performing an administrative inspection pursuant to the foregoing paragraph and there is one of the following circumstances, may detain the clearance equipment or disposal facilities or equipment and may order the owner or user of the clearance equipment or disposal facilities or equipment at issue to perform clearance or disposal within a limited time period. When necessary, the property or real estate of the owner may be used or have its use restricted or the necessary tap water, electricity or other power source of the place of business may cut off as punishment.
I.There is concern of serious pollution from the waste, surplus earth and gravel, clearance equipment or disposal facilities or equipment of the public or private premises.
II.There is concern of serious pollution from the waste or surplus earth and gravel carried by clearance equipment.
The central competent authority shall determine relevant regulations for the procedures for the detention of clearance equipment or disposal facilities or equipment in the foregoing paragraph.
Article 10
The clearance equipment or disposal facilities or equipment detained pursuant to Paragraph 2 of the foregoing article shall be returned if there is already no concern of serious pollution from the waste or surplus earth and gravel its has stored, cleared, disposed of or reused, or after the owner or user of the clearance equipment or disposal facilities or equipment at issue properly performs clearance or disposal of the waste or surplus earth and gravel and pays such related fees as fees for the towing and safekeeping of the clearance equipment or disposal facilities or equipment.
The period for the detention of the clearance equipment or disposal facilities or equipment shall be limited to one year. However, under special circumstances, this period may be extended once after receiving higher competent authority approval.
The special municipality, county or city competent authority shall determine fee collection methods and standards for such related fees as fees for the towing and safekeeping of the clearance equipment or disposal facilities or equipment in the first paragraph.
Chapter 2 The Disposal of General Waste
Article 11
With the exception of general waste that shall be cleared pursuant to the following regulations, general waste in designated clearance areas shall be cleared by the enforcement authority.
I.For land or buildings related to public sanitation, the owner, manager or user shall perform clearance.
II.For covered walkways or sidewalks connected to land or buildings, the owner, manager or user of the land or building at issue shall perform clearance.
III.For roadways or public spaces that are used for special purposes, the user shall perform clearance.
IV.For general waste abandoned and left on site by the owner after the occurrence of a fire or disaster, the building owner or manager shall perform clearance; for those lacking the capacity to perform clearance, the enforcement authority shall perform clearance.
V.For general waste left after the demolition of a building, the original owner, manager or user shall perform clearance.
VI.For the excrement and urine of livestock or poultry on roadways or other public premises, the owner or manager shall perform clearance.
VII.For the sludge matter of septic tanks, the owner, manager or user shall perform clearance.
VIII.For the road surfaces and drainage gutters of public lanes or alleys with widths of four meters or less, the households on opposite sides or adjacent sides shall each perform clearance of half.
IX.For roadway traffic islands, greenbelts, parks and other public premises, the management organization shall perform clearance.
Article 12
The transport, sorting, storage, discharge, methods, equipment and reuse of general waste recycling, clearance and disposal shall comply with the regulations of the central competent authority; the central competent authority shall determine regulations for these matters.
The enforcement authority may, based on the special characteristics of designated clearance areas, add general waste sorting, storage and discharge regulations in the foregoing paragraph, and shall report these to the higher competent authority for future reference.
Article 13
Enforcement authorities at all levels shall, based on actual needs, install general waste recycling and storage equipment at appropriate locations and public premises.
Article 14
The enforcement authority shall be responsible for the clearance of general waste and shall perform appropriate sanitary disposal. However, for general waste produced outside of households, the enforcement authority may designate clearance methods and disposal premises.
For the clearance and disposal of general waste referred to in the foregoing paragraph, the enforcement authority may, after receiving approval from a higher competent authority, commission a public or private waste clearance and disposal organization or perform the clearance and disposal in accordance with the methods announced or approved by the central competent authority.
Article 15
For articles and the packaging and containers thereof that, after consumption or use, are sufficient to produce general waste possessing one of the following characteristics and cause concern of serious pollution to the environment, the manufacturer or importer of the articles and the packaging and containers thereof at issue or the manufacturer or importer of the raw materials shall bear responsibility for recycling, clearance and disposal and the vendor shall bear responsibility for recycling, clearance work.
I.Difficult to clear or dispose of.
II.Contains a component that does not readily decompose over a long period.
III.Contains a component that is a hazardous substance.
IV.Is valuable for recycling and reuse.
The central competent authority shall officially announce the scopes for the articles and the packaging and containers thereof and the enterprises responsible for recycling, clearance and disposal in the foregoing paragraph.
Article 16
The enterprises responsible for recycling, clearance and disposal officially announced pursuant to Paragraph 2 of the foregoing article (herein referred to as the responsible enterprises) shall register with the competent authority; a manufacturer, based on the manufacturing volume for the current quarter, and an importer, based on the import volume reported to customs, shall, within fifteen days after the reporting and payment of business taxes every quarter, pay recycling, clearance and disposal fees in accordance with the fee rates approved by the central competent authority; these fees shall be used for the Resource Recycling Management Fund and a financial institution shall be commissioned for the collection and safekeeping of the fees; the central competent authority shall determine the collection, safekeeping and utilization regulations thereof.
When an importer in the foregoing paragraph reports its import volume to customs, it shall also report container materials and the other specifications of articles and containers designated by the central competent authority.
Those responsible enterprises for which manufactured or imported articles and the packaging and containers thereof are not discarded domestically or do not produce waste after use may submit relevant verification documents for a deduction of manufacturing volumes or import volumes or a refund of fees.
The central competent authority in consultation with the central industry competent authority shall determine management regulations for the registration, reporting, fee payment methods, procedures, deadlines, deductions, refunds and other binding matters for the responsible enterprises in Paragraph 1.
For the fee rates in Paragraph 1, the Resource Recycling Fee Rate Review Committee established by the central competent authority shall perform reviews based on materials, volumes, weights, impacts on the environment, reuse values, recycling, clearance and disposal costs, recycling, clearance and disposal ratios, auditing and collection costs, fund financial conditions, monetary amounts of recycling incentives, and other relevant factors and submit its review to the central competent authority for approval and official announcement; the central competent authority shall determine establishment regulations for the Resource Recycling Fee Rate Review Committee.
Article 17
The Resource Recycling Management Fund in Paragraph 1 of the foregoing article shall be used for the following purposes.
I.The payment of recycling, clearance and disposal subsidies
II.The provision of subsidies and incentives for recycling systems and reuse
III.The covering of expenses when the enforcement authority performs disposal on behalf of others
IV.The covering of auditing and certification expenses of the impartial auditing and certification group selected and commissioned by the central competent authority
V.Other uses related to general waste resource recycling approved by the central competent authority
Article 18
For general waste that is produced after the consumption or use of the articles or the packaging and containers thereof officially announced pursuant to Article 15, Paragraph 2 (herein referred to as “regulated recyclable waste”), recycling, storage, clearance and disposal shall comply with the regulations of the central competent authority; the central competent authority shall determine recycling, storage, clearance and disposal method and facility standards.
An auditing and certification group shall perform the auditing and certification of recycling and disposal volumes for regulated recyclable waste in accordance with auditing and certification regulations; the central competent authority shall determine auditing and certification procedural regulations.
Regulated recyclable waste recycling and disposal enterprises of a certain scale or larger that are designated and officially announced by the central competent authority shall register with the competent authority and report recycling and disposal volumes and related operational circumstances.
The central competent authority shall determine management regulations for the scale, registration, registration of cancellation, reporting and other binding matters for recycling and disposal enterprises in the foregoing paragraph.
Responsible enterprises and recycling and disposal enterprises may apply to the Resource Recycling Management Fund for recycling, clearance and disposal subsidies in Subparagraph 1 of the foregoing article; subsidies shall be granted after Resource Recycling Management Fund approval of compliance with facility standards in Paragraph 1 and procedural regulations in Paragraph 2.
The central competent authority shall determine management regulations for applications and reviews for the recycling, clearance and disposal subsidies in the foregoing paragraph.
Article 19
A responsible enterprise designated and officially announced by the central competent authority shall mark articles or the packaging and containers thereof with relevant recycling labels; the central competent authority shall determine the scope of enterprises, the size of label designs, location and other binding matters for recycling labels.
A vendor of articles or the packaging and containers thereof designated and officially announced by the central competent authority shall, in accordance with the regulations of the central competent authority, install resource recycling facilities and perform recycling work; the central competent authority shall determine the scope of enterprises, the installation of facilities, specifications and other binding matters for resource recycling facilities and the performance of recycling work.
Article 20
The competent authority may dispatch personnel or commissioned professional personnel bearing identification documents to enter the premises of a responsible enterprise or vendor designated and officially announced pursuant to Article 16, Paragraph 1 or the foregoing article and the recycling, storage, clearance or disposal premises of a recycling or disposal enterprise designated and officially announced pursuant to Article 18, Paragraph 3 to check operating volumes or import volumes, buyers of articles or the packaging and containers thereof, raw material supply sources, recycling related labels, and recycling and disposal volumes for regulated recyclable waste, and to request receiving, production, sales and inventory receipts, account books, and relevant statements, and other production, sales, operating, and export and import information; when necessary, the tax collection competent authority may be requested to assist with checking.
Article 21
For those articles or the packaging and containers thereof for which there is concern of serious pollution to the environment, the central competent authority may officially announce the prohibition of use or the restriction of manufacturing, import, sales and use.
Article 22
The central competent authority may designate and officially announce categories of regulated recyclable waste to be recycled through recycling incentive methods and the monetary amounts of recycling incentives.
A vendor shall pay consumers in accordance with the officially announced monetary amounts of recycling incentives, and may not refuse.
Article 23
Prior to March 28, 1997, surplus fees related to recycling and clearance of a joint recycling, clearance and disposal organization established by responsible enterprises or a fund established in accordance with relevant regulations shall be allocated to the Resource Recycling Management Fund and utilized in accordance with regulations.
Article 24
For the implementation of the clearance and disposal of general waste, a special municipality, county or city competent authority shall, based on clearance and disposal costs, collect fees from households and other non-industrial sources within designated clearance areas.
The central competent authority shall determine collection regulations for the collection methods, calculation methods, payment procedures, payment deadlines and other binding matters for the fees in the foregoing paragraph.
The special municipality, county or city competent authority may, in consideration of actual operational requirements, add fee collection regulations other than those in the foregoing paragraph and fee collection verification labels.
The special municipality, county or city competent authority shall determine and officially announce the amount for fee collection in Paragraph 1.
The addition of fee collection regulations pursuant to Paragraph 3 shall be reported to the central competent authority for future reference.
Article 25
The general waste clearance and disposal costs in Paragraph 1 of the foregoing article include, as relates to general waste clearance and disposal operations, management costs, labor costs, land use costs for disposal sites and plants, compensation expenses, operational and maintenance costs and average annual procurement costs based on usage limits for all clearance and disposal machinery, equipment and facilities, and restoration costs, and shall deduct income from general industrial waste clearance and disposal work performed on behalf of others and other income.
Article 26
Fees for the general waste clearance and disposal costs in the foregoing article shall be collected based on actual costs. However, fees for machinery, equipment, facilities and restoration costs shall be collected annually from 2001.
The special municipality, county or city competent authority shall collect fees annually from 2001 for the per-kiloton construction costs and restoration costs of privately-owned or operated general waste incinerators.
The special municipality, county or city competent authority shall have a savings account dedicated to deposits for the machinery, equipment, facilities and restoration costs in Paragraph 1 by 2001 and the construction costs in the foregoing paragraph and shall establish a General Waste Clearance and Disposal Fund by 2002. Funds deposited for clearance and disposal fees as of 2001 shall be transferred to the General Waste Clearance and Disposal Fund after its establishment.
The special municipality, county or city competent authority shall determine regulations for the establishment, utilization and management of the fund in the foregoing paragraph.
The fund established pursuant to Paragraph 3 shall be utilized exclusively for the reinstallation of general waste clearance and disposal machinery, equipment and facilities and the restoration of general waste disposal sites and plants.
Article 27
The following acts are strictly prohibited within designated clearance areas.
I.The spitting of phlegm or betelnut juice or fiber or discarding of waste paper, cigarette butts, chewing gum, fruit or the skin, pit or juice thereof, or other general waste
II.The polluting of the ground, pools of water, drainage gutters, walls, beams or pillars, utility poles, trees, roadways, bridges or other fixed structures
III.The sunning or piling of articles that hinder sanitation and orderliness on roadsides, outside of houses or on roofs
IV.The collection from waste clearance, disposal or storage tools, equipment or sites of articles that have been discarded;however, the collection of general waste recycling items designated pursuant to Article 5, Paragraph 6 shall not be subject to this restriction.
V.The discarding of hot ashes or embers, dangerous chemical substances or products, or explosive substances or products within waste storage equipment
VI.The discarding of animal corpses in places other than waste storage equipment
VII.Urinating or defecating in non-designated locations
VIII.The discarding of articles in drainage gutters
IX.The raising of poultry or livestock that hinders nearby environmental sanitation
X.The posting or painting of advertisements that pollutes fixed structures
XI.Other acts that pollute the environment officially announced by the competent authority
Chapter 3 Disposal of Industrial Waste
Article 28
The disposal of industrial waste, with the exception of that subject to reuse methods, shall be performed in accordance with the following methods:
I.Self-clearance and disposal.
II.Joint clearance and disposal: enterprises submit an application to the industry competent authority for permission for the establishment of a joint waste clearance and disposal organization to clear and dispose of the category of waste at issue.
III.Commissioned clearance and disposal:
A.Commission a public and private waste clearance and disposal organization that has received competent authority permission for the clearance and disposal of the category of waste at issue to perform clearance and disposal.
B.Commission the enforcement authority to perform clearance and disposal after receiving enforcement authority’s consent.
C.Commission a clearance and disposal facility installed by the industry competent authority itself or through its guidance to perform clearance and disposal.
D.Commission a waste clearance and disposal facility installed by a public enterprise designated by the competent authority to perform clearance and disposal.
E.Commission a clearance and disposal facility installed by a private organization that has signed an investment contract with the sponsoring authority pursuant to the Promotion of Private Participation in Infrastructure Projects Act to perform clearance and disposal.
F.Commission a waste disposal facility of an enterprise receiving permission pursuant to the management regulations prescribed by Article 29, Paragraph 2 to perform disposal.
IV.Other methods that receive central competent authority’s permission.
Enterprises designated and officially announced by the central competent authority shall employ professional technical personnel; for the enterprises adopting self-clearance and disposal of their waste, the management regulations governing the conditions, permission, permission deadlines and cancellation of the clearance equipment and disposal facilities and other matters required to be complied with shall be enacted by the central competent authority in conjunction with the central industry competent authority
The management regulations governing the conditions, classification, permission, permission deadlines, cancellation, hiring of professional technical personnel, operation, operational records of joint clearance and disposal organizations referred to in Paragraph 1, Subparagraph 2 and other matters required to be complied with shall be enacted by the central industry competent authority in conjunction with the central competent authority.
The management regulations governing the hiring of professional technical personnel, operation, operational records of the waste clearance and disposal facilities set up through the guidance per Paragraph 1, Subparagraph 3, Item 3 and other matters required to be complied with shall be enacted by the central industry competent authority in consultation with relevant agencies.
The management regulations governing the hiring of professional technical personnel, operation and operational records of the waste clearance and disposal facilities set up per Paragraph 1, Subparagraph 3, Item 4 and 5 and other matters required to be complied with shall be enacted by the central competent authority in consultation with relevant agencies.
In the case that the enforcement authority is entrusted to clear and dispose of general industrial waste as referred to in Paragraph 1, Subparagraph 3, Item 2, it shall not accept the assignment until there is surplus disposal capacity left after disposing the following general waste. In addition, it shall collect fees in accordance with the industrial waste clearance and disposal fee standards enacted by the special municipality, country or city competent authority, and process the declaration in conjunction with the enterprise in question in accordance with Article 31, Paragraph 1, Subparagraph 2. The aforesaid “general waste” is as follows:
I.Waste which falls in the area designated for clearance.
II.Waste which is required to be disposed of through regional alliance or cross-region cooperation in accordance with Article 7 of this Act and Article 24-1 of the Local Government Act.
III.Waste which is under the central competent authority’s arrangement for disposal.
Facilities operated for the clearance and disposal of general waste or general industrial waste shall not simultaneously clear or dispose of hazardous industrial waste.
Under the circumstances where the enforcement authority’s disposal of the general waste referred to in Paragraph 6, Subparagraph 1 and 2 is not affected, the central competent authority may dispatch existing waste clearance and disposal facilities if necessary, and such dispatch shall not be rejected upon request.
The regulations governing the terms, methods, expenses of the dispatch referred to in the preceding paragraph and other matters to be complied with shall be enacted by the central competent authority.
Article 29
When there is surplus disposal capacity in an industrial waste disposal facility, it may be used by other enterprises with the permission of the competent authority with local jurisdiction, and it shall not be subject to the restrictions of Article 31, Paragraph 1, Subparagraph 1 or Article 41.
The competent authority in consultation with the central industry competent authority shall determine management regulations for conditions, permission procedures, permission deadlines and other binding matters for the surplus disposal capacity in the foregoing paragraph.
Article 30
When an enterprise commissions clearance and disposal of its waste, it shall take up joint liability with the commissioned agency for the clearance of the waste. If the commissioned agency fails to properly clear the waste and the commissioning enterprise does not exercise its due care, the commissioning enterprise and commissioned agency shall be liable for joint environmental clearance and improvement in terms of the waste.
The determined elements of the exercise of the due care of the commissioning enterprise referred to in the foregoing paragraph, precautions, management measures and other related matters shall be enacted by the central competent authority.
Article 31
Enterprises of a certain scale that are designated and officially announced by the central competent authority shall perform the following matters within a certain time period demanded by the official announcement:
I.Operations may begin only after the review and approval of an industrial waste disposal plan submitted to the special municipality, county or city competent authority or the organization commissioned by the central competent authority; this regulation shall also apply to the modification of matters related to the production and disposal of industrial waste.
II.In accordance with the format, items, content and frequency stipulated by the central competent authority, report to the special municipality, county or city competent authority via the Internet the circumstances regarding the production, storage, clearance, disposal, reuse, export, import, transit and transshipment of the waste at issue. However, those circumstances in which the central competent authority allows the submission of written reports shall not be subject to this restriction.
III.Industrial waste clearance and transport machinery designated and officially announced by the central competent authority shall be installed with real-time tracking systems in accordance with the specifications designated by the central competent authority, and shall maintain normal operation.
The format of the industrial waste disposal plan referred to in subparagraph 1 of the foregoing paragraph and the items required to be stated in the plan shall be enacted by the central competent authority in consultation with the central industry competent authority.
The regulations governing the review operation, change, cancellation and revocation of the industrial waste disposal plan referred to in subparagraph 1 of the foregoing paragraph and other matters required to be complied with shall be enacted by the central competent authority.
An enterprise referred to in Paragraph 1 that is required to follow the regulations to conduct an environmental impact assessment shall attach the industrial waste disposal plan to its submission of the documents related to the environmental impact assessment to the special municipality, county or city competent authority for review. After passing the environmental impact assessment review, the special municipality, county or city competent authority may grant approval directly.
Those that perform the clearance and disposal of industrial waste produced by an enterprise designated and officially announced per Paragraph 1 shall file their declaration according to Paragraph 1, Subparagraph 2.
Article 32
The industry competent authority, development unit or management unit of a newly-established industrial park or science park shall plan and install industrial waste disposal facilities within or outside of the park; the industrial park or science park at issue may start operations only after the completion of the installation of industrial waste disposal facilities.
The industry competent authority, development unit or management unit of an existing industrial park or science park shall complete the installation of industrial waste disposal facilities within six months after the promulgation of revisions to this Act; after receiving central industry competent authority approval, the installation shall be completed no later than December 31, 2004.
Article 33
When an enterprise is unable to perform the disposal of industrial waste it has produced and there is no industrial waste disposal organization to be commissioned for disposal, the enterprise shall properly store the industrial waste it has produced.When necessary, the industry competent authority may collect fees from an enterprise in order to itself or through guidance install industrial waste disposal facilities or perform temporary storage.
Article 34
When an enterprise is unable to manage self-generated industrial waste and when there is no industrial waste management organization to be commissioned for management, the industry competent authority may in consultation with the central competent authority officially announce enterprises in designated area shall to send their industrial waste to industrial waste management facilities that are established by or through the guidance of the industry competent authority.
Article 35
For hazardous industrial waste that requires special treatment technology, the competent authority may in consultation with the central industry competent authority install appropriate facilities, and store, clear or dispose for them and collect essential fee.
Hazardous waste in the foregoing paragraph shall be officially announced by the competent authority in consultation with the central industry competent authority.
Article 36
Methods and facilities for storage, clearance and disposal of industrial waste shall meet regulations designated by the central competent authority.
Standards for methods and facilities for storage, clearance and disposal of industrial waste in the foregoing paragraph shall be determined by the central competent authority.
Article 37
The operation and monitoring for methods and facilities for storage, clearance and disposal of industrial waste shall be recorded in details and kept for at least three years for future reference.
The management regulations for categories, methods, frequency and other binding matters for the testing in the foregoing paragraph shall be determined by the central competent authority.
Article 38
The import, export, transit and transshipment of industrial waste may commence only after receipt of permission granted by the special municipality, county or city competent authority; for hazardous industrial waste, additional approval from the central competent authority is necessary. However, wastes that are officially categorized as industrial raw material by the central competent authority after consultation with the industry competent authority are not subject to this provision.
Hazardous industrial waste shall give priority to domestic treatment and recycling and can only be exported to member countries of the Organization for Economic Co-operation and Development, or countries which signed bilateral agreement with the Republic of China for transboundary movement of hazardous industrial waste in accordance with international convention, or other states/regions that are announced by central competent authority. The waste disposal organizations of the state of import shall be capable of performing follow-up treatment and recycling in environmentally sound manner.
The management regulations for the qualifications of the applicant, documents, review, permission, permission deadlines, cancellation and other binding matters for import, export, transit and transshipment of the industrial waste in the foregoing 2 paragraphs shall be determined by the central competent authority.
Industrial waste shall be banned from importation if one of the following circumstances applies; the category shall be determined by the central competent authority after consultation with the central industry competent authority.
I.Evidence exists that the waste will severely endanger human health or the living environment.
II.No appropriate treatment technology and equipment is domestically available for the waste.
III.The waste is to be directly solidified, landfilled, incinerated or disposed of at sea.
IV.The waste cannot be properly disposed of domestically.
V.The waste is an obstruction to domestic waste management.
The import, export, transit or transshipment of general waste that is subject to the international conventions, such as the Basel Convention, may be performed pursuant to the foregoing four paragraphs.
Paragraph 2 goes into force one year after the revised provision is promulgated on May 26th 2017. Permits that are acquired prior to the promulgation are due by the original expiry date.
Article 39
Reuse of industrial waste shall be processed in accordance with the regulations stipulated by the central industry competent authorities or central competent authority, and shall not be restricted by Article 28 or Article 41.
The management regulations governing the category, quantity, permission, permission deadlines, cancellation, records, declaration and labeling of the reused products of the reuse industrial waste referred to in the foregoing paragraph and other matters required to be complied with shall be enacted by the central industry competent authority in consultation with the central competent authority and the reuse industry competent authority. However, when the industrial waste involves the reuse of two or more industries, the central competent authority is responsible for enacting a unified regulation for reuse categories and management methods if considering it necessary.
Article 39-1
The central industry competent authority shall be responsible for the whereabouts of the reuse products which are designated by the central competent authority, and shall conduct environmental monitoring when necessary when:
I.The reuse products are used in sea or land reclamation;
II.The reuse products are used improperly and are likely to endanger the environment or human health; or
III.The central competent authority considers it necessary to strengthen the control of such reuse products.
The monitoring requirements, sampling frequency, sampling methods, testing methods and procedure, and other relevant matters of the aforesaid environmental monitoring shall be enacted by the central industry competent authority in consultation with the central competent authority and reuse industry competent authority.
Article 40
When an enterprise endangers human health or agricultural or fishery operations while storing, clearing or disposing of industrial waste, the competent authority shall promptly order it to make improvements and adopt emergency measures.When necessary, orders may be issued for the suspension of work or suspension of business.
Chapter 4 The Management of Public and Private Waste Clearance and Disposal Organizations and Waste Analysis Laboratories
Article 41
Enterprises that engage in waste clearance or disposal shall submit public or private waste clearance and disposal organization permission applications to the special municipality, county or city competent authority or organization commissioned by the central competent authority, and only after the permission is granted shall the organization be commissioned for the clearance and disposal of waste. However, it is not limited to any of the following circumstances:
I.The recycling, clearance, disposal and reuse of general waste performed by the enforcement authority pursuant to Article 5, Paragraphs2 and 6 and Article 12, Paragraph 1.
II.The facilities or equipment prescribed by Article 8 for emergency disposal of the waste.
III.Clearance and disposal of the general waste according to the method announced or approved by the central competent authority as prescribed by Article 14, Paragraph 2.
IV.Recycling, storage, clearance or disposal of general waste pursuant to Article 18, Paragraph 1.
V.The clearance machinery, disposal facilities or equipment referred to in Article 28, Paragraph 1, Subparagraph 2. Subparagraph 3, Item 2 to 5 and Subparagraph 4.
VI.The disposal facilities installed by or through the guidance of the industry competent authority pursuant to Article 33 and Article 34.
VII.The facilities installed by the central competent authority in conjunction with the central industry competent authority pursuant to Article 35, Paragraph 1.
VIII.Other matters announced by the central competent authority.
A copy of the permission document issued to the public or private waste clearance and disposal organization referred to in the foregoing paragraph shall be also sent to the central competent authority.
Article 42
The management regulations for conditions, self-owned facilities, classification, hiring of professional technical personnel, permission, permission deadlines, cancellation of permission, suspension of work, suspension of business, termination of business, resumption of business and other binding matters for public or private waste clearance and disposal organizations in Paragraph 1 of the foregoing article shall be determined by the central competent authority.
Article 43
Analysis laboratories may perform testing in this Act only after obtaining permission from the central competent authority.
The management regulations for the conditions, facilities, educational experience of analysis personnel, procedures for permit application, review, issuance and replacement, cancellation, suspension of business, resumption of business, termination of business, checking, evaluation and other binding matters shall be determined by the central competent authority.
Article 44
The management regulations for the qualifications of professional technical personnel, acquisition of qualification certification, training, cancellation and other binding matters in Article 28, Paragraphs 2 through 5 and Article 42 shall be determined by the competent authority in consultation with the central industry competent authority.
Chapter 5 Incentives and Penalties
Article 45
For those that violate Article 12, Article 18, Paragraph 1, Article 28, Paragraphs 1 and 7, Article 36, Paragraph 1, Article 38, Paragraph 1, Article 39, Paragraph 1, or Article 41, Paragraph 1, thereby causing human death, permanent imprisonment or at least seven years’ imprisonment shall be imposed and may be combined with a fine of no more than thirty million New Taiwan Dollars; thereby causing serious human injury, three to ten years’ imprisonment shall be imposed and may be combined with a fine of no more than twenty five million New Taiwan Dollars; thereby endangering human health and causing illness, one to seven-year imprisonment shall be imposed and may be combined with a fine of no more than twenty million New Taiwan Dollars.
Two to seven years’ imprisonment shall be imposed to those who forging or altering the fee collection verification labels referred to in Article 24, Paragraph 3, which may be combined with a fine of no more than ten million New Taiwan Dollars.
One to seven years’ imprisonment shall be imposed to those who sell the fee collection verification labels referred to in the foregoing paragraph, which may be combined with a fine of no more than ten million New Taiwan Dollars.
Article 46
In any of the following circumstances, one to five years imprisonment shall be imposed and may be combined with a fine of no more than fifteen million New Taiwan Dollars:
I.Arbitrary disposal of hazardous waste.
II.The responsible person of the enterprise or relevant person fails to store, clear, dispose of or reuse waste pursuant to this Act, thereby causing environmental pollution.
III.Providing land refilling or waste piling without permission from the competent authority.
IV.Conducting waste storage, clearance, disposal without obtaining the waste clearance and disposal permission pursuant to Article 41, Paragraph 1; or storing, clearing and disposing of waste not in accordance with the content designated in the waste clearance and disposal permission.
V.Personnel of the enforcement authority authorize clearance and disposal of general waste to the enterprise without valid permission document; or authorize when knowing there is illegal conduct of clearance and disposal.
VI.Responsible person or relevant personnel of a public or private waste disposal organization, or personnel of the enforcement authority issue a false certificate for the waste not being disposed of.
Article 47
In the case of the responsible person of the juridical person, representative of the juridical person or natural person, employees or other operational personnel who violate the foregoing two articles; the punishment shall be imposed not only on the offender, but the juridical person or natural person shall also be fined pursuant to the said articles.
Article 48
Any person who is obligated to make a declaration pursuant to this Act but gives untrue declaration based on the known untrue fact or provide untrue recordkeeping for business documents shall be sentenced an imprisonment of no more than three years, detained or imposed or concurrently imposed a fine of no more than ten million New Taiwan Dollars.
Article 49
In any of the following circumstances, a fine between sixty thousand and three hundred thousand New Taiwan Dollars shall be imposed and clearance machinery, disposal facilities or equipment may be confiscated.
I.The owner or user of the clearance machinery, disposal facilities or equipment fails to clear and dispose of its waste and remaining soil pursuant to the time period designated by the competent authority pursuant to Article 9, Paragraph 2.
II.The operator clearing and disposing of waste and remaining soils fails to carry certificates listing production source and disposal site of general waste, general industrial waste and remaining soils along with the vehicle.
III.The operator clearing and disposing of hazardous industrial waste fails to carry certificates listing production source and disposal site of hazardous industrial waste along with the vehicle.
Article 50
In any of the following circumstances, a fine between twelve hundred and six thousand New Taiwan Dollars shall be imposed. If the violation continues after the end of the designated time period, then continuous daily fines shall be imposed.
I.Violation of Article 11, Paragraphs 1 to 7 when clearing general waste.
II.Violation of Article 12.
III.Any acts that are designated in any one paragraph of Article 27.
Article 50-1
Violation of provisions designated in Article 27, Paragraph 1 regarding the spitting of betelnut juice or fiber shall be required to attend a four-hour class to help them break their habit of chewing betelnut.
Regulations governing the holding of the class referred to in the foregoing paragraph, and other binding matters shall be determined by the central competent authority.
Article 51
For the failure to pay recycling fees levied pursuant Article 16, Paragraph 1 after being notified to pay within a designated time period and failure to pay prior to the expiration date, compulsory enforcement shall be imposed; a noncompliance penalty between one to two times the original amount due shall be imposed. For the submission of false data, not only shall the amount due be paid, but a fine one to three times the amount due shall also be imposed; for failure to make payment prior to the expiration date, compulsory enforcement shall be imposed.
In any of the following circumstances, a fine between sixty thousand and three hundred thousand New Taiwan Dollars shall be imposed, and the violator shall be notified to make improvements within a designated time period, continuous daily fines shall be imposed when failure to make improvement within the designated time period.
I.Violation of regulations determined pursuant to Article 16, Paragraph 4 or Article 18, Paragraph 4.
II.Violation of Article 18, Paragraphs 1 to 3 or Articles 19, 22 or 23.
III.Without adequate reasons, evading, obstructing or refusing inspection or demanding regarding relevant information designated in Article 20.
IV.Violation of regulations determined by the central competent authority pursuant to Article 21.
Violations of central competent authority restrictions on sales and use in Article 21 shall be punished with a fine of between one thousand two hundred and six thousand New Taiwan Dollars. If the violation continues after the end of the designated time period, then continuous daily fines shall be imposed.
Serious noncompliance of the foregoing two paragraphs shall result in orders for the suspension of business for a time period between one month and one year, or partial or complete suspend of work.。
Article 52
Those that violate Article 28, Paragraph 1, Article 31, Paragraphs 1 and 5, Article 34, Article 36, Paragraph 1, Article 39, or management regulations prescribed by Article 29, Paragraph 2 and Article 39-1, Paragraph 2 when storing, clearing, disposing of or reusing general industrial waste shall be imposed a fine in an amount between six thousand and three million New Taiwan Dollars. If they still fail to make any improvement after the demanded time limit, the fine will be repeatedly imposed.
Article 53
In any of the following circumstances, a fine between sixty thousand and ten million New Taiwan Dollars shall be imposed. If no improvement has been made after the demanded time limit, the fine will be repeatedly imposed. Serious violators may be ordered to suspend their work or business:
I.Storage, clearance, disposal or reuse of hazardous industrial waste that is in violation of Article 28, Paragraphs 1 and 7, Article 31, Paragraphs 1 and 5, Article 34, Article 39, or the management regulations prescribed by Article 29, Paragraph 2, and Article 39-1 Paragraph 2.
II.Storage, clearance or disposal of hazardous industrial waste that is in violation of Article 36, Paragraph 1.
III.Import, export, transit and transshipment of waste that is in violation of Article 38, paragraph 1 to paragraph 5.
Article 54
If an enterprise fails to comply with an order to suspend work or suspend business made in accordance with this Act, the local competent authority may make a report to the central competent authority, which shall request the industry competent authority to order the enterprise to terminate business.
Article 55
In any of the following circumstances, a fine between six thousand and three million New Taiwan Dollars shall be imposed. If no improvement has been made after the demanded time limit, the fine will be repeatedly imposed:
I.The public or private waste clearance and disposal organization violates Article 12 or the management regulations prescribed by Article 42.
II.The designated and announced business violates Article 28, Paragraph 2 for hiring professional technical personnel or violates the management regulations prescribed by Article 28, Paragraph 2 in self-clearance and disposal of industrial waste.
III.The joint waste clearance and disposal organization and clearance and disposal facilities of the public or private organization violate the management regulations prescribed by Article 28, Paragraphs 3 to 5.
IV.The operation and testing of the storage, clearance, and disposal of hazardous industrial waste violates the management regulations prescribed by Article 37, Paragraph 2.
V.The waste testing organization violates Article 43, Paragraph 1.
Article 56
Those that violate Article 37, Paragraph 1 or evade, impede or refuse, without due reason, the spot check, inspection, sampling or order for providing relevant information prescribed by Article 37, Paragraph 1 shall be imposed a fine between thirty thousand and five million New Taiwan Dollars.
Article 57
Enterprises that conduct industrial waste storage, clearance or disposal that violate provisions designated in Paragraph 1 of Article 41, shall be imposed a fine between sixty thousand and three hundred thousand New Taiwan Dollars and be ordered to suspend business.
Article 58
Those waste testing organizations and inspection and testing personnel that violate the management regulations prescribed by Article 43, Paragraph 2 and those waste professional technical personnel who violate the management regulations prescribed by Article 44 shall be imposed a fine between sixty thousand and one million New Taiwan Dollars.
Article 59
Without adequate reason, offenders that refuse to show identification upon request by an inspector shall be imposed a fine between six hundred and three thousand New Taiwan Dollars.
Article 60
Under any of the following circumstances, serious noncompliance addressed in Paragraph 3 of Article 51 and Article 53 under this Act applies.
I.Any person who violates the same provision under this Act and receive notice for improvement within a designated time period twice in a year, and continue to violate provisions under this Act.
II.Any person that illegally disposes of hazardous industrial waste.
III.Any person who causes serious environmental pollution when recycling, storing, clearing, disposing and reusing waste.
IV.Any person that provides documents listing false information during application and reporting.
V.Other circumstances recognized by the competent authority.
Article 61
The central competent authority shall determine the starting date, temporary suspension dates, termination date, improvement completion verification checks and other binding matters for consecutive daily fines referred to in this Act.
Article 62
The time limit given for making improvements or reporting under this Act shall not exceed a period of ninety days. However, under special circumstances, the offender may apply for extension from the special municipality, county or city competent authority.
Article 63
Penalties imposed in accordance with this Act shall be enforced by the enforcement authority; in circumstances of enforcement authority nonfeasance, the higher competent authority may enforce the Act on behalf of the enforcement authority.
Article 63-1
The limitation of the penalty imposed in accordance with the Act shall be determined according to the waste’s pollution degree and characteristics and its hazardous degree, in which the penalty rules shall be enacted by the central competent authority.
If the benefit ill-gotten from the violation surpasses the maximum amount of the statutory fine, the penalty shall be aggregated within the scope of the ill-gotten benefit, which is not limited by the maximum amount of the statutory fine.
The determination and calculation regulations of the ill-gotten benefit referred to in the preceding paragraph shall be enacted by the central competent authority.
Article 64
Penalty and criminal responsibility aspects of a particular case shall be separately addressed.
Article 65
Failure to pay fines imposed in accordance with this Act shall be referred to the courts for compulsory enforcement.
Article 66
Continued failure to pay clearance and disposal fees pursuant to Article 24, after expiration of the time period designated for payment shall be referred to the courts for compulsory enforcement.
Article 67
For acts that violate this Act, the public may address detailed facts or submit proof to inform the local enforcement authority or competent authority.
For the informing action in the foregoing paragraph, if the competent authority or enforcement authority verifies that it is true and impose fines; as the fines reach specific amounts, may allot specific percentage of the actual collected fines as reward for the informants.
The informing action and rewarding regulations in the foregoing paragraph shall be determined by the special municipality, county or city competent authority.
When the competent authority or enforcement authority conducts verification of the foregoing case, identification of the informants shall be kept confidential.
Article 68
Enterprise expense incurred from waste clearance shall be tax deductible.
Enterprises that are in compliance with relevant regulations of this Act and with excellent performance in the area of waste clearance, reduction, recycling and reuse shall be rewarded; reward regulations shall be determined by the central competent authority in consultation with the central industry competent authority.
Article 69
Funds gained from selling recycled waste by the enforcement authority from waste recycling work shall be spent in specific purpose that is relevant to waste recycling and a specific percentage may be allotted as reward for waste recycling operators.
Allocation percentage and exercising regulations of the fund in the foregoing paragraph gained from selling recycled waste shall be determined by the central competent authority.
For the funds gained from conducting general waste recycling at the government agencies or public schools, a specific account at public financial organization shall be established and managed properly.
Chapter 6 Supplementary Provisions
Article 70
An enforcement authority, public or private waste clearance and disposal organization, joint clearance and disposal organization or enterprises providing management facilities pursuant to Article 29, Paragraph 1 may clear waste outside of its jurisdiction area. The special municipality, county or city competent authority shall not impose restriction.
Article 71
Where waste clearance and disposal conducted in noncompliance with regulations, the special municipality, county or city competent authority or the enforcement authority may order the enterprise, commissioned waste clearance and disposal organization, agent for illegal waste clearance and disposal organization, land owner, manager or user who allows illegal dumping of waste or serious misconduct that leads to illegal dumping of waste on its land to perform the clearance and disposal of the waste in specific time period. The special municipality, county or city competent authority or the enforcement authority may clear and dispose of the waste for them when no clearance or disposal is done within the designated time period and request for compensation for the clearance, improvement and necessary fees sustained from this action. Failure to make payment prior to the expiration date, compulsory enforcement shall be imposed. The special municipality, county or city competent authority or the enforcement authority may apply to the administrative court for probational lien or probational attachment without providing collateral.
The special municipality, county or city competent authority or the enforcement authority may clear and dispose of the waste pursuant to the foregoing provisions without the consent from land owner, manager or user, and force entering a public or private site to conduct relevant actions regarding sampling, inspection, clearance or disposal.
The right to seek compensation for necessary expenses in Paragraph 1 shall take precedence over all creditor rights and collateral rights.
The special municipality, county or city competent authority or the enforcement authority may authorize a suitable public or private waste clearance and disposal organization when clearing and disposing of the waste designated in Paragraph 1.
Article 72
When a public and private premises violates this Act or related orders 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 of the details of the negligent enforcement. For those competent authorities that have still 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 directly file a lawsuit with a high 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 execute its duties.
When issuing a verdict on the lawsuit in the foregoing paragraph, the high administrative court pursuant to its authority may order the defendant agency to pay the appropriate lawyer fees, monitoring and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the effective clearance and disposal of waste.
The central competent authority in consultation with the relevant agencies shall determine the format of the written notification in Paragraph 1.
Article 73
Competent authorities at all government levels shall collect permission, certification, review or inspection fees when performing issuance and replacement of permission, certifications, managing application for review or testing pursuant to this Act.
The central competent authority in consultation with the relevant agencies shall determine fee collection standards for the foregoing paragraph.
Article 74
The competent authority and industry competent authority may designate or authorize professional organizations or relevant organizations to conduct research, training and management for waste management.
Article 75
The central competent authority shall determine waste testing methods and quality control items.
Article 76
The central competent authority shall determine the enforcement rules of this Act.
Article 77
This Act shall take effect on the date of promulgation.
This Act was revised on May 5, 2006, and shall take effect on July 1, 2006.
This Act was revised on November 13, 2012, and shall take effect on September 6, 2012.