These Rules are determined pursuant to Article 50 of the Soil and Groundwater Pollution Remediation Act (herein referred to as this Act
).
The matters designated in this Act as the responsibility of the central competent authority are as follows.
Planning, drafting, supervision and implementation of national soil and groundwater pollution prevention and remediation policies, programs and plans
Drafting, deliberation and interpretation of soil and groundwater pollution remediation laws and regulations
Supervision, assistance and approval of special municipality, county or city government soil and groundwater pollution prevention, monitoring and remediation work
Coordination of soil and groundwater pollution remediation work involving two or more special municipalities, counties or cities
Management of the Soil and Groundwater Pollution Remediation Fund
Licensing and management of soil and groundwater pollution testing organizations
Soil and groundwater pollution prevention and remediation research, development and public awareness
International cooperation, technology exchanges and personnel training related to soil and groundwater pollution remediation
Other national soil and groundwater pollution prevention and remediation matters
The matters designated in this Act as the responsibility of special municipality, county and city competent authorities are as follows.
Planning, drafting and implementation of special municipality, county or city soil and groundwater pollution prevention and remediation action programs and plans
Drafting and interpretation of special municipality, county or city autonomous laws and regulations for soil and groundwater pollution remediation
Implementation of special municipality, county or city soil and groundwater pollution prevention, monitoring and remediation work
Special municipality, county or city soil and groundwater pollution prevention and remediation research, development and public awareness work
Special municipality, county or city soil and groundwater pollution prevention and remediation personnel training work
Other special municipality, county or city soil and groundwater pollution prevention and remediation matters
When the competent authority with local jurisdiction performs regular tests of soil and groundwater quality within its area of jurisdiction pursuant to Article 5 of this Act, it shall compile an annual testing budget reflecting the geographical, geological, and hydrological conditions and state of land use of the area, and shall test areas for which there is concern of soil or groundwater pollution as a first priority.
The necessary measures adopted by the competent authority with local jurisdiction pursuant to Article 5, Paragraph 1 and Article 6, Paragraph 2 of this Act shall include the following items.
Survey of land type, actual use and property rights
Notification of public living in relevant areas concerning test results
Handling of the situation in accordance with relevant environmental protection laws and regulations; notification of agricultural, health, irrigation, industrial, land administration, construction or other relevant agencies to handle situations within the scope of their duties and powers.
If, when performing testing and verification work pursuant to Article 5, Article 7 and Article 11 of this Act, the competent authorities at all levels discover that the concentration of pollutants in soil or groundwater exceeds pollutant control limits listed in soil and groundwater pollution control standards due to reasons other than exogenous pollution, said authority shall notify agricultural, health, irrigation, industrial, land administration, construction or other relevant agencies to handle situation within the scope of their duties and powers.
The soil pollution test data designated in Article 9 of this Act shall include the following items.
Basic information concerning enterprises: Enterprise name and statutory responsible person; uniform invoice number; address; land administration number; land use type; layout map of factory area; land user, manager or owner and contact channels, etc.
Overview of enterprise operations: Production processes, use of raw materials, products, pollution sources, types of pollutants and their composition, state of treatment and relevant pollution control measures
Testing and analysis results: Test items, sampling and testing methods, quantities tested and QA/QC, etc.
Testing organization: Organization name, address and photocopy of permit documents
Other information designated by the competent authority
The competent authority with local jurisdiction shall determine the possible scope of pollution when performing verification work pursuant to Article 11, Paragraph 1 of this Act. Prior to the official announcement of the area as a control site, the competent authority may order the polluter or user, manager or owner of the site to adopt appropriate measures within a limited time period pursuant to this Act or relevant environmental protection laws and regulations.
If the adoption of appropriate measures causes the mitigation of the soil or groundwater pollution of a site in the foregoing paragraph, and the competent authority with local jurisdiction verifies that the concentrations of soil and groundwater pollutants are below the soil and groundwater pollution control limits, the area may not be officially announced as a control site.
After an area has been officially announced as a control site pursuant to Article 11, Paragraph 2 of this Act, and it is not required to submit a pollution control plan, if the polluter or land user, manager or owner causes the concentrations of soil and groundwater pollutants to be below soil and groundwater pollution control limits through the adoption of appropriate measures, said party may apply to the competent authority with local jurisdiction to remove controls on the control site and issue an official announcement to that effect.
The competent authority with local jurisdiction may remove controls on the control site and issue an official announcement to that effect prior to requesting the central competent authority to approve the official announcement of a remediation site pursuant to Article 11, Paragraph 2 of this Act if it has caused the concentrations of soil and groundwater pollutants to be below the soil and groundwater pollution control limits through the commissioned implementation of appropriate measures.
Those applying for the removal of controls pursuant to Article 9 of this Act shall submit the following information.
Scope and degree of soil and groundwater pollution at the site
Pollution mitigation methods or
Site soil and groundwater sampling methods believed to be representative
Soil and groundwater testing organization, testing methods and results of analysis
The competent authority with local jurisdiction may perform a preliminary assessment after control site pollutants have been removed or disposed of.
The competent authority with local jurisdiction shall compile a budget for preliminary assessment of control sites.
The content of a competent authority official announcement of a control site or remediation site pursuant to Article 11, Paragraph 2 of this Act shall include the following items.
Site name
Site address, lot number or location
Overview of site situation
Pollutants and pollution situation
Other important matters
The site name in Subparagraph 1 of the foregoing paragraph may be stated as the enterprise name, address, lot number, land marker or using other appropriate means.
The pollution situation in Subparagraph 4 of the foregoing paragraph shall indicate the possible scope of pollution if the site is controlled. Said situation shall indicate the scope of pollution and preliminary assessment results if the site has been remediated.
The content of a pollution control plan submitted pursuant to Article 11, Paragraph 4 or Article 17, Paragraphs 3 and 5 of this Act shall include the following items.
Information on plan submitter, writer and implementer
Basic site information
State of site and pollution situation
Pollutants, scope and degree of pollution
Pollution control and prevention methods
Pollution monitoring methods
Workplace health and safety management
Method of verifying control results
Plan implementation
Other items designated by the competent authority
If a juridical person submits the information in Subparagraph 1 of the foregoing paragraph, it shall include information on the juridical person, statutory responsible person and responsible agent.
The central competent authority shall separately determine writing guidelines for the pollution control plan in Paragraph 1.
Prior to investigating the scope of soil and groundwater pollution and assessing environmental impact pursuant to Article 12, Paragraph 1 of this Act, competent authorities at all levels shall notify the polluter of the remediation site or interested party of the land to submit a soil and groundwater investigation and assessment plan pursuant to Article 12, Paragraph 2 of this Act within a certain time period.
The content of a soil and groundwater investigation and assessment plan submitted by a polluter or interested party of the polluted site pursuant to Article 12, Paragraph 2 of this Act shall include the following items.
Information on plan submitter, writer, investigator and assessor
Basic site information
State of site and pollution situation
Pollution investigation methods
Pollutants, scope and severity of pollution
Method of assessing environmental impact
Plan implementation timetable
Other items designated by the competent authority
If a juridical person submits the information in Subparagraph 1 of the foregoing paragraph, it shall include information on the juridical person, statutory responsible person and responsible agent.
When the Soil and Groundwater Pollution Remediation Fund (herein referred to as the Remediation Fund
) is assigned responsibility for payment investigation, assessment and review expenses pursuant to Article 12, Subparagraph 5 of this Act, the Soil and Groundwater Pollution Remediation Fund Management Committee may perform remediation site investigation, assessment and cleanup grading work on the basis of the results of preliminary site assessment, the immediate needs of the site and the financial situation of the Remediation Fund.
When the competent authority with local jurisdiction entrusts a registration competent authority with local jurisdiction with registration of the prohibition of transactions regarding the land pursuant to Article 15 of this Act, the entrustment document shall indicate the following items.
Basic information concerning landowner, including name, identification document numbers and home address, etc.
Land markings and scope of
Legal basis and reasons for the prohibition of transactions regarding the land
Prohibition of such transaction methods regarding the land as land transfer or subdivision or establishment of liability
A remediation site polluter shall submit a soil and groundwater pollution remediation plan pursuant to Article 16, Paragraph 1 of this Act within three months after the completion of investigation and assessment. However, the competent authority with local jurisdiction may approve an extension of this deadline.
Prior to the drafting of a soil and groundwater pollution remediation plan pursuant to Article 16, Paragraph 2 of this Act, the competent authority with local jurisdiction shall notify interested persons of the remediation site that they may submit a soil and groundwater pollution remediation plan pursuant to Article 16, Paragraph 3 of this Act within a certain time period.
The content of the pollution remediation plan in Article 16 shall include the following items.
Information on the plan's submitter, writer and implementer
Plan outline
Basic site information
State of site and pollution situation
Pollutants, scope and degree of pollution
Remediation criteria or remediation goals
Remediation method
Pollution monitoring
Pollution control plan
Site health and safety
Verification plan for completion of remediation
Estimate of remediation expenses
Remediation timetable
Other items designated by the competent authority
If a juridical person submits the information in Subparagraph 1 of the foregoing paragraph, it shall include information on the juridical person, statutory responsible person and responsible agent.
The verification plan for completion of remediation mentioned in Subparagraph 11 of Paragraph 1 shall include soil and groundwater sampling methods believed to be representative.
The central competent authority shall separately determine writing guidelines for the pollution remediation plan in Paragraph 1.
When a polluter or interested party of the polluted land submits groundwater pollution remediation goals pursuant to Article 17, Paragraph 2 of this Act, unless submitted pursuant to the foregoing article, said party shall submit the following information.
Reasons behind remediation goals
Site geology
Properties of pollutants
Assessment of environmental impact of pollution
Assessment of health risks of pollution
Pollution remediation technology and cost assessment
Feasibility of remediation goals
Other information designated by the competent authority
The appropriate locations referred to in Article 19, Paragraph 1 of this Act shall include the rural township, urban township, city and district public offices, land administration offices and village or borough offices of the place of the remediation site.
The content of the final soil and groundwater pollution remediation report in Article 20, Paragraph 1 of this Act shall including the following items.
Pollution sources and pollution situation
Remediation criteria or remediation goals
State of pollution control or remediation plan implementation
State of verification plan implementation
Scope of soil and groundwater pollution prior to and after remediation, degree of pollution and state of changes to pollutants
Remediation expenses
Other items designated by the competent authority
In addition to implementation in accordance with relevant land use laws and regulations, land use industry competent authorities performing land use restoration pursuant to Article 20, Paragraph 3 of this Act shall provide necessary guidance and assistance.
The soil and groundwater pollution remediation work referred to in Article 24, Paragraph 2 of this Act means the following tasks.
Implementation of remediation site survey and assessment
Implementation of necessary control site or remediation site response measures
Drafting and implementation of control plan and remediation plan
Other matters entailing a conflict of interest with the duties of the Remediation Fund
For consecutive daily fines isssued for failure to complete improvements by the deadline as referred to in Article 35 and Article 36 of this Act, the starting date of penalties shall be determined pursuant to the following regulations.
If the responsible party fails to report the completion of improvements with a complete set of verification documents pursuant to this Act and its relevant provisions prior to expiration of the improvement deadline, penalties shall be issued starting on the day after the final day of the limited time period.
If the responsible party has reported the completion of improvements with a complete set of verification documents pursuant to this Act and its relevant provisions prior to expiration of the improvement deadline, but the competent authority deems improvements have not been completed upon performing verification prior to the deadline, penalties shall be issued starting on the day after the final day of the limited time period. If the competent authority deems improvements have not been completed upon performing verification after the deadline, penalties shall be issued starting on the day of verification.
If those subject to consecutive daily fines pursuant to Article 35 and Article 36 of this Act complete improvements and submit a complete set of verification documents to the competent authority, the issuance of disciplinary citations shall be temporarily suspended starting the following day.
If the verification results indicate failure to comply with regulations, the competent authority shall again issue disciplinary citations from the day of the temporary suspension of disciplinary citations in the foregoing paragraph, and the responsible party shall continue to be subject to consecutive daily fines. If verification results indicate compliance with regulations, the responsible party shall cease to be subject to consecutive daily fines from the day of the temporary suspension of disciplinary citations in the foregoing paragraph.
When a land development plan and soil and groundwater pollution remediation plan submitted pursuant to Article 46, Paragraph 2 of this Act are submitted simultaneously, the industry competent authority in charge of land development and the competent authority shall perform review and approval in accordance with relevant laws and regulations in mutual consultation.
The central competent authority shall determine the format of all certificates, disciplinary citations, referrals, and other documents and forms designated in this Act and these Rules.
The competent authority with local jurisdiction shall compile a table listing violations of this Act and their case status in January and July of each year for submission to the central competent authority to be filed for future reference.
These Rules shall take effect on the date of promulgation.
