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Regulations Governing Water Pollution Control Measure Plans and Permit Application Review

All 44 articles promulgated by Environmental Protection Administration Order Huan-Shu-Shui-Tzu No. 0950079974 on  October 16, 2006

Chapter 1 General Principles [TOC][繁體中文]

Article 1 [繁體中文]

These Regulations have been promulgated pursuant to the Water Pollution Control Act (herein referred to as this Act), Article 13, Paragraph 3 and Paragraph 4; Article 14, Paragraph 3; and Article 19 where the regulations of Article 14 and Article 20, Paragraph 2 apply.

Article 2 [繁體中文]

Terms used in these Regulations are defined as follows:

  1. Water pollution control measures (herein referred to as pollution control measures) refers to the following water pollution control method items:

    1. Establishing wastewater or sewage treatment facilities

    2. Establishing wastewater or sewage pre-treatment facilities

    3. Connecting to a sewage system

    4. Soil treatment

    5. Commissioning treatment

    6. Constructing pipelines for the discharge of wastewater or sewage into the sea

    7. Commissioned treatment

    8. Storing wastewater or sewage

    9. Diluting wastewater or sewage

    10. Recycling wastewater or sewage

    11. Reduction measures for wastewater or sewage runoff

  2. Issuing authority is defined as the special municipality, county or city competent authority or an agency commissioned by the central competent authority that reviews and approves the water pollution control measure plan (herein referred to as the pollution control plan) and issues permits for the discharge of wastewater or sewage into surface water bodies, and for the storage or diluting of wastewater or sewage pursuant to this Act.

Article 3 [繁體中文]

The application process for officially announced enterprises in Article 13, Paragraph 2 of this Act (herein referred to as enterprises required to submit a pollution control plan) applying for pollution control plan review or permit is divided into three stages: inception stage, incipient operations stage, and operating stage. The periods defined by each stage are as follows:

  1. Inception Stage: The period during the formulation and writing of the pollution control plan, and the review and approval process.

  2. Incipient Operations Stage: The period during the construction or installation of facilities according to the approved pollution control plan up until the time when the permit application is submitted and the permit is issued.

  3. Operating Stage: The period when the production of wastewater or sewage begins following the obtainment of a permit.

The application process for an enterprise in the foregoing paragraph applying for pollution control plan review that discharges wastewater or sewage into a sewage system (herein referred to as a sewer-connected enterprise) is divided into two stages: inception stage and operating stage. The periods defined by each stage are as follows:

  1. Inception Stage: The period during the formulation and writing of the pollution control plan, and the review and approval process.

  2. Operating Stage: The period during the construction or installment of facilities according to the approved pollution control plan, the submission of relevant verification documents following the completion of construction or installment, the registration of pollution control plan completion, up until the start of wastewater or sewage production.

The application process for sewage systems and enterprises other than those in the two foregoing paragraphs that apply for pollution control plan review is divided into the incipient operations stage and operating stage. The periods defined by each stage are as follows:

  1. Incipient Operations Stage: The period during the construction or installment of facilities according to the pollution control measures, up until the submission of the permit application upon completion of construction or installment.

  2. Operating Stage: The period when the production of wastewater or sewage begins following the obtainment of a permit.

The following enterprises are exempt from submitting a pollution control plan and applying for a permit pursuant to this Act:

  1. Gas stations with no attached car wash facilities.

  2. Earth, gravel, or refuse storage sites with an on-site total storage capacity in excess of 500 cubic meters or a total storage area in excess of 250 square meters prior to July 1, 2007.

  3. Construction sites.

  4. Livestock enterprises raising less than 200 hogs.

  5. Oil storage sites.

Article 4 [繁體中文]

Enterprises in the foregoing article, Paragraph 1 and Paragraph 2 that are in the inception stage shall submit a pollution control plan to the issuing authority. The construction or installation of facilities according to the pollution control measures may begin only after receiving approval of the pollution control plan from the issuing authority.

Enterprises in the foregoing article, Paragraph 1 that are in the incipient operations stage shall submit an application to the issuing authority for review. Water pollution control measures may be implemented only after obtaining the necessary permit, upon which previously acquired pollution control plan approval documents shall become null and void.

Enterprises in the foregoing article, Paragraph 2, that are in the operating stage shall provide verification documents from the sewage management agency for connection and usage of public sewage systems (herein referred to as connection and usage verification). Those that commissioned partial treatment to another party shall submit the commission contract to the issuing authority for review. The production of wastewater or sewage may begin only after the enterprise has registered the pollution control plan completion approval documents. However, wastewater or sewage produced during construction shall be discharged into the sewage system according to the regulations of the sewage management agency. The discharge during construction shall be reported to the issuing authority. Registration of approval documents is not required during construction.

Sewage systems and enterprises not required to submit a pollution control plan that are in the incipient operations stage shall submit an application to the issuing authority for review. Pollution control measures may be implemented only upon the obtainment of the permit.

An enterprise or sewage system in Paragraph 2, Paragraph 3 and Paragraph 4 that disposes of wastewater or sewage using methods other than pipelines or drainage canals that do not comply with effluent standards, such as using water trucks or water tanks to dispose of wastewater or sewage in an area outside of the range of operations, shall at the same time submit an industrial waste disposal plan pursuant to the Waste Disposal Act.

Article 5 [繁體中文]

An enterprise discharging wastewater or sewage into a surface water body that complies with one of the following conditions shall apply for a surface water body discharge permit (herein referred to as a discharge permit):

  1. When one of the following circumstances applies, the enterprise shall submit a pollution control plan:

    1. The design or actual maximum daily wastewater output is in excess of 50 cubic meters (tons/day).

    2. A number of enterprises jointly establish wastewater or sewage treatment, pre-treatment, and/or storage facilities with a design or actual maximum daily wastewater output in excess of 50 cubic meters (tons/day).

    3. The wastewater originally generated by an enterprise or one of the enterprises that jointly established wastewater or sewage treatment, pre-treatment, and/or storage facilities contains a lead, cadmium, mercury, arsenic, hexavalent chromium, copper, cyanide, organic chlorine compound, organic phosphorus compound, or phenol concentration in excess of effluent standards.

  2. Diluting wastewater or sewage

    An enterprise discharging wastewater or sewage into a surface water body that complies with one of the following conditions shall apply for a surface water body simple discharge permit (herein referred to as a simple discharge permit):

    1. The enterprise is not included in the foregoing paragraph.

    2. A dining enterprise or tourist hotel in one of the following circumstances:

      1. The design or actual maximum daily wastewater output after the quantity of diverted and treated hot springs wastewater is subtracted does not reach 50 cubic meters (tons/day).

      2. There is only wastewater generated from hot springs; there is no wastewater from dining or bathing facilities.

A sewer-connected enterprise whose wastewater or sewage is not entirely discharged into a sewage system and discharges a portion of its wastewater or sewage into a surface water body shall apply for a discharge permit or simple discharge permit (herein referred to as a discharge permit) pursuant to the foregoing two paragraphs.

Article 6 [繁體中文]

A sewage system that discharges sewage into a surface water body shall apply for a discharge permit according to the following rules:However, an enterprise that discharges its entire amount of sewage into a public sewage system, has obtained connection and usage verification, and has received the consent of the competent authority is not subject to this restriction.

  1. Applicants for a discharge permit:

    1. Public sewage systems.

    2. Industrial zone sewage systems.

    3. The design maximum daily wastewater output of special use sewage systems for designated zones or sites exceeds 50 cubic meters (tons/day), or the originally generated sewage contains a lead, cadmium, mercury, arsenic, hexavalent chromium, copper, cyanide, chlorine compound, organic phosphorus compound, or phenol concentration in excess of effluent standards.

  2. Applicants for simple discharge permits:

    1. Sewage systems exclusively for newly developed residential areas.

    2. Special use sewage systems for designated zones or sites not defined in the foregoing subparagraph, Item 3.

Article 7 [繁體中文]

An enterprise or sewage system in one of the following circumstances using storage facilities shall apply for a storage permit:

  1. The entire amount of wastewater or sewage is recycled.

  2. The treatment of wastewater or sewage is commissioned to another party and wastewater or sewage is not discharged into a surface water body; soil treatment is not implemented or wastewater or sewage is not drained into a sewage system.

  3. An enterprise or sewage system disposes of wastewater or sewage using methods other than pipelines or drainage canals that do not comply with effluent standards, such as using water trucks or water tanks to dispose of wastewater or sewage in an area outside of the range of operations; wastewater or sewage is not discharged into a surface water body; and soil treatment is not implemented or wastewater or sewage is not drained into a sewage system.

Landfills that pump water seepage back to the surface of the landfill and do not discharge water seepage into water body surface areas shall proceed pursuant to the foregoing paragraph.

Article 8 [繁體中文]

Enterprises or sewage systems that meet the following conditions may apply for a diluting permit:

  1. Other than the implementation of diluting measures, no other substitution methods exist.

  2. Wastewater or sewage that must be treated to come within the control limit and non-contact cooling water or water that falls within the control limit without treatment are mixed together in the equalization equipment of the wastewater or sewage treatment facilities.

Chapter 2: Inception Stage [TOC][繁體中文]

Article 9 [繁體中文]

An enterprise required to submit a pollution control plan shall adhere to the following timeframe when applying for pollution control plan review:

  1. New applicants:

    1. Prior to establishing wastewater or sewage treatment/pre-treatment facilities.

    2. Sewer-connected enterprises shall apply after receiving approval documents for a connection to the sewage system (herein referred to as sewer connection approval document) and before obtaining connection and usage verification.

    3. Before establishing soil pre-treatment facilities.

    4. Before signing the contract to commission wastewater or sewage treatment to another party.

    5. Before constructing a sea discharge pipe.

    6. Before establishing storage facilities.

    7. Before establishing diluting facilities.

    8. Before establishing recycling facilities.

    9. Before establishing pollutant reduction equipment for wastewater runoff.

  2. Enterprises with established facilities: Enterprises with established facilities that were exempt from submitting a pollution control plan before these regulations were promulgated shall proceed pursuant to central competent authority revisions pertaining to the industry types, range, and scale of enterprises required to submit a water pollution control measure plan as officially announced on April 26, 2006.

Article 10 [繁體中文]

When applying for pollution control plan review, an enterprise shall fill out and submit the application form and append the following documents:

  1. Basic information

  2. Photocopy of the personal identification of the statutory responsible person

  3. A photocopy of relevant permits, registrations, licenses or other documents approved by the competent authority or industry competent authorityNewly established enterprises that have not yet obtained the said documents are not subject to this restriction.

  4. The contents of information and related documents on pollution control measures shall include the following items:

    1. Relevant information and annotated drawings on collection, transport, treatment, pre-treatment, discharge and quantity measurements.

    2. Relevant information and annotated drawings of samples, testing and monitoring.

    3. Emergency response methods.

    4. Design and annotated drawings of relevant facilities and pipeline projects.

  5. Sewer-connected enterprises shall provide a photocopy of the sewer connection approval.

  6. Those implementing soil treatment:

    1. Relevant soil and groundwater testing reports.

    2. Photocopies of verification documents from the agricultural testing unit subordinate to the central agricultural competent authority; special municipality, county or city competent authority; or other government agency commissioned by the competent authority.

    3. Photocopies of cadastral and land section data and photocopies of agreements with land owners or management agencies.

  7. For enterprises commissioned to treat the soil or dispose of wastewater, a copy of the commission contract is required.

  8. Persons commissioned for the operation of wastewater or sewage treatment/pre-treatment facilities shall provide a photocopy of credentials.

  9. An enterprise whose water treatment facilities are constructed on another party's land shall provide photocopies of the letter of consent from the landowner or land manager.

  10. Other documents designated by the issuing authority.

The documents in the foregoing paragraph, Subparagraph 4; and Subparagraph 6, Item 1, must be signed by an engineer.

Article 11 [繁體中文]

The issuing authority shall register the following items for the review and approval of the pollution control plan:

  1. Date of issue, document number.

  2. Title of the enterprise.

  3. The full name and identification number of the statutory responsible person.

  4. Address or location.

  5. Those implementing soil treatment may use the land section code.

  6. The types of pollution control measures approved and their validity periods.

  7. Approval items.

Chapter 3: Incipient Operations Stage [TOC][繁體中文]

Article 12 [繁體中文]

For an enterprise required to submit a pollution control plan and apply for a permit according to regulations, if the constructed or installed water pollution control facilities differ from the originally approved pollution control plan and the enterprise needs to modify the pollution control plan, they shall apply for modifications at the same time as they apply for a permit.

Article 13 [繁體中文]

The timeframe for an enterprise applying for a permit is as follows:

  1. After the completed installation of wastewater or sewage treatment facilities or a sea discharge pipe, and before discharging wastewater or sewage into a surface water body.

  2. For those that discharge a portion of wastewater or sewage into a sewage system, after the obtainment of the connection and usage verification and before discharging wastewater or sewage into the sewage system.

  3. After the completion of water pollution control facilities related to soil treatment and before discharging wastewater or sewage into the soil.

  4. After signing the contract to commission wastewater or sewage treatment to another party, and before commissioned treatment is performed.

  5. After the completion of storage facilities and before storing wastewater or sewage.

  6. After the completion of diluting facilities and before diluting wastewater or sewage.

  7. After the completion of recycling facilities and before conducting wastewater or sewage recycling.

An enterprise in the foregoing paragraph that is required to install pollutant reduction facilities for wastewater runoff shall, upon the completion of the said facilities, proceed according to the timeframes stated in all subparagraphs of the foregoing paragraph.

An enterprise that must follow the timeframe in each subparagraph of Paragraph 1 may apply for a permit only after it complies with the regulations of each and every subparagraph.

The timeframes for a sewage system applying for a permit are as follows:

  1. The foregoing three paragraphs shall apply to public sewage systems and industrial zone sewage systems.

  2. Sewage systems exclusively for newly-developed residential areas and special use sewage systems for designated zones or sites shall apply for a permit before applying for the construction permit.

Article 14 [繁體中文]

An enterprise or sewage system that applies for permit review shall fill out and submit the application and attach the following documents:

  1. Basic information

  2. Photocopy of the personal identification of the statutory responsible person

  3. A photocopy of relevant permits, registrations, licenses or other documents approved by the competent authority or industry competent authorityHowever, a newly-established enterprise whose industry competent authority has set up a procedure that does not require proof of registration, such as issuing a permit for establishment, overseeing trial operations and then proceeding with registration, is not subject to this restriction.

  4. The contents of information and related documents on pollution control measures shall include the following items:

    1. Relevant information and annotated drawings on collection, transport, treatment, pre-treatment, discharge and quantity measurements.

    2. Relevant information and annotated drawings of samples, testing and monitoring.

    3. Emergency response methods.

    4. Design and annotated drawings of relevant facilities and pipeline projects.

    5. Photographs and documentation of completed and clearly marked facilities for water pollution control.

  5. An enterprise whose wastewater or sewage overflows into rainwater drainage pipes, irrigation canals or private bodies of water shall provide a photocopy of the approval documents from the competent authority or landowner.

  6. A sewer-connected enterprise that discharges a portion of wastewater or sewage into a sewage system shall provide a photocopy of the connection and usage verification.

  7. An enterprise that has an exclusive pipeline into the sewage system shall provide a photocopy of the letter of consent for exclusive pipeline discharge from the sewage management agency.

  8. An enterprise commissioned for soil treatment shall provide a photocopy of the commission contract.

  9. Persons commissioned for the operation of wastewater or sewage pre-treatment facilities shall provide a photocopy of credentials.

  10. An enterprise whose water treatment facilities are constructed on another party's land shall provide a photocopy of the letter of consent from the landowner or land manager.

  11. Other documents designated by the issuing authority.

An enterprise required to submit a pollution control plan that have constructed or installed facilities according the approved pollution control plan shall fill out and submit the application and attach the following documents when applying for a permit:

  1. A photocopy of the pollution control plan approval document.

  2. The documents listed in Subparagraph 4, Item 5 of the foregoing paragraph; and Subparagraphs 5 through Subparagraph 11 of the foregoing paragraph.

For those in the foregoing two paragraphs applying for a discharge permit, the attached photographs and verification documents of the completed and appropriately marked water pollution control facilities shall be signed by an engineer.

Article 15 [繁體中文]

For enterprises subject to the foregoing article required to submit a water pollution control measure plan, in the case where any enterprises previously operating in the same address or location violated the regulations of these Standards up to a year prior to the application date for the water pollution prevention measure plan, and were ordered by the competent authority to suspend work or suspend business and then announced an internal suspension of work or business before the deadline for improvements, or in the case where enterprises previously operating on the same land section were discovered to have rerouted discharge, shall provide photographs of the completed installation of water measurement devices measuring total volume, an automatic water quality monitoring system, and a video monitoring system. For sewage systems or enterprises that are not required to submit a pollution control plan, in the case where any enterprises previously operating at the same address or same location violated the regulations of these Standards up to a year prior to the application date for the permit, and were ordered by the competent authority to suspend work or suspend business and then announced an internal suspension of work or business before the deadline for improvements, or in the case where enterprises previously operating at the same address or same location were discovered to have rerouted discharge, the foregoing requirements also apply.

For those in the foregoing paragraph applying for a discharge permit, the attached photographs of the completion of installation shall be signed by an engineer.

Article 16 [繁體中文]

The issuing authority shall register the following items when reviewing permit applications:

  1. Date of issue, document number.

  2. The title of the enterprise or sewage system.

  3. The full name and identification number of the statutory responsible person.

  4. Address or location.

  5. The types of approved pollution control measures and their validity periods.

  6. Permit items.

Chapter 4: Operating Stage [TOC][繁體中文]

Article 17 [繁體中文]

A sewer-connected enterprise that does not discharge wastewater or sewage into a surface water body shall obtain the relevant verification documents in Article 4, Paragraph 3. Wastewater or sewage may be generated only after registering the basic information on the pollution control plan approval document.

An enterprise in the foregoing paragraph applying for the registration of pollution control plan approval document shall fill out and submit the application form and append the following documents:

  1. The original pollution control plan approval document.

  2. A photocopy of the connection and usage verification document.

  3. An enterprise commissioned for wastewater or sewer treatment shall provide a photocopy of the commission contract.

  4. In the case where any enterprises previously operating at the same address or location violated the regulations of these Regulations up to a year prior to the application date for the pollution control plan, and were ordered by the competent authority to suspend work or suspend business and then announced an internal suspension of work or business before the deadline for improvements, or in the case where enterprises previously operating at the same address or location were discovered to have rerouted discharge, the current enterprise shall provide photographs of each completely installed cumulative water measurement device, and each unit of the automatic water quality monitoring facilities and video monitoring system.

  5. Other documents designated by the issuing authority.

For enterprises in the foregoing paragraph, if the constructed or installed water pollution control facilities differ from the originally approved pollution control plan, relevant documents after modifications shall be submitted at the time of registration according to the foregoing paragraph.

Article 18 [繁體中文]

An enterprise or sewage system that needs to modify the following data for the soil discharge permit shall process these modifications with the issuing authority within 30 days of the actual occurrence of the incident:

  1. Basic information

  2. Quantity of wastewater or sewage, methods and facilities for measuring sludge, and adjustment and maintenance measures.

  3. Augmentation or alteration of water source for operating system, the primary production facilities creating the wastewater or sewage, the scale of production services or the maximum daily output, and the functions of the wastewater pre-treatment and sludge treatment facilities that have not been modified.

  4. Enterprises commissioned to treat wastewater or sewage from a particular industry that treat an amount within the allowable remaining capacity at treatment facilities.

  5. Automatic water quality monitoring facilities, video monitoring system and automatic effluent quality display panel.

An enterprise in the foregoing paragraph that is also required to obtain initial approval from the industry competent authority for modifications to basic information shall report modifications to the issuing authority within thirty days of obtaining approval.

Those modifying the registered items on the discharge permit shall do so within 30 days after receiving approval from the special municipality, city, or county competent authority to resume operations pursuant to Article 63, Paragraph 3 of these Regulations.

Article 19 [繁體中文]

An enterprise or sewage system that wishes to make modifications to the soil discharge permit other than the items in the foregoing article shall first submit these modifications to the issuing authority for review. The modifications may be made only upon receiving approval.

For an industrial zone sewage system with a joint sewage treatment plant, if the quantity of treated sewage exceeds the originally permitted quantity, the sewage system shall not add any more sewer-connected enterprises and shall complete improvements and make modifications within the time limit regulated by the competent authority.

For those in the foregoing two paragraphs with wastewater or sewage treatment facilities that have obtained a discharge permit, if modifications involve the following circumstances the enterprise or sewage system shall perform function testing within 30 days prior to modifications:

  1. Wastewater or sewage treatment facilities or facility operating parameters.

  2. Sludge treatment facilities.

  3. The maximum daily amount of wastewater or sewage treated.

  4. The maximum daily sewage output.

  5. Other items determined by the competent authority

Article 20 [繁體中文]

An enterprise or sewage system that conducts permit modifications shall fill out and submit the application and attach all documents relevant to the modifications to the issuing authority for review. When a sewer-connected enterprise that does not discharge wastewater or sewage into a surface water body modifies the pollution control plan, the foregoing requirements also apply.

Should the rules of the foregoing article, Paragraph 3, apply to the applicant, they shall also submit a function test compliance report. However, those modifying the simple discharge permit may use the effluent quality test report as part of function testing conducted on that day as a substitute.

Article 21 [繁體中文]

The application documents of an enterprise that modifies the registered items on the discharge permit must be signed by an engineer in one of the following circumstances:

  1. An increase or modification of processing facilities related to the generation of wastewater or sewage and their maximum daily output or service scale results in altered wastewater or sewage treatment facilities or altered sludge treatment facilities.

  2. The pollution control methods are not the same as the methods stated on the permit.

  3. The water usage quantity, wastewater or sewage output, sludge output, treated/pre-treated water quantity, treated water quantity of commissioned treatment, stored water quantity, diluting water quantity or discharge water quantity exceeds the originally approved maximum daily quantity.

  4. Modifications to the recycle ratio or the approved maximum daily quantity for recycling, or the reduction of the water quantity for recycling causes operations for other pollution control measures to exceed their approved maximum daily output.

  5. The generation, collection, treatment/pre-treatment methods, processing, treatment/pre-treatment unit names, capacity, number or operating parameters of wastewater/sewage and sludge is different from that stated on the permit.

  6. The treatment of surplus wastewater or sewage is through commission, is not generated on-site, and does not belong to the same industry type.

The attached function test compliance report from those modifying the discharge permit pursuant to the foregoing article, Paragraph 2, shall be signed by an engineer.

The attached photographs of completed installation and function test compliance report from those making modifications to the discharge permit pursuant to Article 24 shall be signed by an engineer.

Article 22 [繁體中文]

The permit and the pollution control plan approval document of a sewer-connected enterprise that does not discharge wastewater or sewage into a surface water body shall be valid for five years. Those that still wish to continue using the permit upon expiration shall, within the five-month period starting six months prior to expiration, apply to the issuing authority for the approval of an extension. An extension shall be no longer than five years.

The issuing authority shall reject the applications of those enterprises and sewage systems for which permit extension application documents fail to meet regulations or are not corrected by the expiration date of the permit or pollution control plan. When an enterprise has not applied for an extension within the defined time period and the registry competent authority has not made a decision concerning rejection or approval, the enterprise shall suspend work and the generation of wastewater or sewage from the expiration date of the permit or pollution control plan. The permits or pollution control plans of those that do not apply for an extension within the validity period shall become null and void upon the expiration date. Enterprises that wish to continue operating shall reapply.

When permit extension application documents of enterprises or sewage systems applying for a permit or pollution control plan extension involve modifications, the application shall be handled pursuant to Articles 18 through 21.

When the permit extension application is rejected by the issuing authority due to an incomplete submission and then the enterprise or sewage system reapplies, the documents originally signed by an engineer do not require the signature of an engineer provided they do not involve any of the subparagraphs in Paragraph 1 of the foregoing article.

When an enterprise or sewage system obtains a discharge permit and soil discharge permit at the same time, the validity period for the discharge permit and the soil discharge permit shall be consistent at three years.

Article 23 [繁體中文]

An enterprise or sewage system that applies for permit extension shall fill out and submit the application and attach the following documents:

  1. A photocopy of relevant permits, registrations, licenses or other documents approved by the competent authority or industry competent authority.

  2. An enterprise whose effluent is discharged into rainwater drainage pipes, irrigation canals or private bodies of water shall provide a photocopy of the letter of consent from the managing agency or landowner.

  3. A sewer-connected enterprise that discharges a portion of wastewater or sewage into a sewage system shall provide a photocopy of the connection and usage verification.

  4. An enterprise that has an exclusive pipeline into the sewage system shall provide a photocopy of the letter of consent from the sewage management agency for exclusive pipeline discharge.

  5. A enterprise commissioned for wastewater or sewage treatment shall provide a photocopy of the commission contract.

  6. Persons commissioned for the operation of wastewater or sewage treatment/pre-treatment facilities shall provide a photocopy of credentials.

  7. An enterprise whose water treatment facilities are constructed on another party's land shall provide photocopies of the letter of consent from the landowner or land manager.

  8. Relevant water quality test reports.

  9. Photographs of water treatment facilities in their current condition.

  10. An enterprise that disposes of wastewater or sewage using methods other than pipelines or drainage canals that are not in compliance with effluent standards, such as the use of water trucks or water tanks for the disposal of wastewater or sewage in an area outside the range of operations, shall provide a photocopy of its industrial waste disposal plan.

  11. Other documents designated by the issuing authority.

When applying for pollution control plan approval document extension, a sewer-connected enterprise that do not discharge wastewater or sewage into a surface water body shall fill out and submit the application and attach the following documents:

  1. A photocopy of the connection and usage verification document.

  2. Documents stated in the foregoing paragraph, Subparagraph 1, Subparagraph 5 through Subparagraph 7, and Subparagraph 9 through Subparagraph 11.

Article 24 [繁體中文]

When an enterprise or sewage system in one of the following circumstances intends to modify the pollution control plan approval document or permit, besides proceeding pursuant to Article 20 and Article 21, photographs of each completely installed cumulative water measurement device, and each unit of the automatic water quality monitoring facilities and video monitoring system shall be attached:

  1. The competent authority discovers that the path of discharge has been rerouted.

  2. An enterprise violated the regulations of this Act, was ordered by the competent authority to suspend work or business, announced an internal suspension of work or business before the deadline for improvements, and then applied for a resumption of work or business.

  3. An enterprise in one of the following circumstances violates effluent standards up to a year preceding the requested modifications and is still in violation of regulations after the two improvement deadlines set by the competent authority:

    1. The pollutant concentration of discharged wastewater or sewage is greater than five times the effluent standard limit. However, the hydrogen ion concentration index, coliform group and water temperature are not subject to this restriction.

    2. The hydrogen ion concentration index of the discharged wastewater or sewage is less than two or greater than 11.

  4. Those circumstances in which the competent authority determines that a discharge of large quantities of pollutants has seriously impacted the quality of nearby water bodies

  5. Those circumstances in which the competent authority determines that there is concern of the endangerment of public health due to the discharge of wastewater or sewage that contains substances harmful to health.

  6. Non-continuous discharge when there is concern of the circumstances in Subparagraph 1 as designated by the competent authority.

When an enterprise or sewage system in one of the circumstances of the foregoing paragraph, Subparagraph 3 uses a non-continuous method to discharge wastewater or sewage into a surface water body and a discharge pool is placed within the peripheral boundary, besides proceeding pursuant to Article 20 and Article 21, a photograph of the completely installed automated effluent quality display panel shall be attached.

For an enterprise or sewage system in of the following circumstances that has installed wastewater or sewage treatment/pre-treatment facilities, besides proceeding pursuant to Article 20 and Article 21, a function test compliance report of testing conducted within 30 days prior to submitting the application shall be attached:

  1. Paragraph 1, Subparagraph 3.

  2. Irregular operating parameters.

  3. Irregular water quality-quantity ratio.

  4. There is concern of unapproved diluting processes.

  5. Inadequate functions in wastewater or sewage treatment/pre-treatment facilities.

Chapter 5: Review [TOC][繁體中文]

Article 25 [繁體中文]

In one of the following circumstances, the issuing authority that processes applications, modifications or extensions of the pollution control plan shall invite experts and scholars to assist in the review process:However, a review of permits pursuant to Article 18, Paragraph 1, is not subject to this restriction.

  1. The wastewater or sewage reuse ratio exceeds 90%.

  2. Diluting wastewater or sewage

  3. Soil treatment.

  4. Remaining capacity is used to conduct commissioned treatment of wastewater from different industry types.

  5. Water seepage in a landfill is returned to the surface of the landfill.

  6. A sea discharge pipe is constructed or modified.

  7. Other circumstances deemed necessary by the issuing authority.

The issuing authority shall invite experts and scholars to assist in the review process when reviewing the modification or extension of the pollution control plan of an enterprise or sewage system determined by the competent authority to be in severe circumstances pursuant to Article 73, Paragraph 2 through Paragraph 8, and penalized by ordering the suspension of work or business, or when reviewing the applications of those with a record of violating regulations by rerouting discharge whose pollution control plan approval document or permit, or request for modification or extension, was refused, revoked or cancelled by the issuing authority or competent authority and were required to reapply.

The local competent authority shall invite experts and scholars to assist in the review of applicants requesting the resumption of work or business pursuant to Article 63, Paragraph 3 of this Act.

When experts and scholars assist in the review process, the following matters shall be considered:

  1. Water quality limits are in compliance with soil treatment standards.

  2. Soil characteristics, the surface gradient, and the level of the groundwater are all in compliance with the treatment functions.

  3. The land section and total surface area of the land used for soil treatment; annual hydraulic load; and the annual pollution load and methods are adequate for treating the amount of wastewater or sewage produced annually without lessening the ability to continue treating wastewater on the same land nor influencing the normal usage of soil and bodies of water.

  4. Wastewater or sewage pre-treatment and drainage facilities.

  5. When no proper vegetation has been planted an apparatus shall be installed to prevent erosion from rainwater.

  6. Emergency response measures during the suspension of soil treatment.

  7. Necessary measures such as eliminating the proliferation of disease vectors and reducing noxious odors.

Article 26 [繁體中文]

When the application, modification or extension of the pollution control plan involves the discharge of wastewater or sewage into the soil, the competent authority shall conduct a review. The agricultural testing unit subordinate to the central agricultural competent authority; special municipality, county or city competent authority; or other government agency commissioned by the competent authority will determine the special characteristics of the land section, the land area of soil treatment, the scale, and number of livestock allowed for enterprises conducting soil treatment.

Article 27 [繁體中文]

As part of the review process for pollution control plans adopting soil treatment, the issuing authority shall conduct an on-site inspection during the inception stage. As part of the permit application review process, the issuing authority shall conduct an on-site inspection during the incipient operations stage.

In one of the following circumstances the issuing authority shall conduct an on-site inspection when reviewing modifications to, or extensions of, the permit or pollution control plan:

  1. The wastewater or sewage reuse ratio exceeds 90%.

  2. Diluting wastewater or sewage

  3. Soil treatment.

  4. Article 19, Paragraph 1.

  5. Article 24.

  6. Other circumstances deemed necessary by the issuing authority.

For a sewer-connected enterprise that does not discharge wastewater or sewage into a surface water body, when applying for the pollution control plan approval document following the obtainment of the connection and usage verification, the issuing authority shall perform an on-site inspection.

The items for the issuing authority on-site inspection are as follows:

  1. The layout, measurements and types of treatment/pre-treatment facilities as well as other relevant equipment or facilities, drainage pipelines and canals.

  2. The capacity, materials, location, transport pipelines, canals, automated fluid level recording and water storage quantity measurement equipment of the storage facilities.

  3. The pipelines, the number of diluting points, location and water measurement equipment of the diluting facilities.

  4. The types, measurements and layout of the recycling facility units, as well as related equipment and facilities, transport pipelines, canals, transport facilities, and water measurement facilities.

  5. For soil treatment, the applicable land section, surface area, type of pre-treatment facility units, measurements, layout, related equipment or facilities, transport pipelines, canals, water measurement facilities; sampling location for wastewater or sewage before being discharged into the soil; the location and number of groundwater monitoring wells; and the location of soil sampling and number of samples. However, during the inception stage only the land section and surface area are applicable.

  6. Location of facilities, measurements, and warning labels for sea discharge pipes.

  7. Drainage pipes, location of drainage opening and warning signs, water measurement facilities and sampling space.

  8. The location and surface area of the fish-raising pool of general fish farming enterprises.

  9. Other items determined by the competent authority

Article 28 [繁體中文]

The principles for the approval of the maximum daily wastewater or sewage output or the scale of services by the issuing organization are as follows:

  1. Establishing wastewater or sewage treatment facilities:

    1. New applicants, or those modifying or extending shall not exceed 80% of the maximum design capacity. However, those who generate an amount of wastewater or sewage reaching 500 cubic meters (tons) a day shall not exceed 85% of the maximum design capacity.

    2. Those modifying or extending that conduct function testing shall have a maximum water quantity in function testing that is compliant with effluent standards and shall not exceed 90% of the maximum design capacity. However, those who produce an amount of wastewater or sewage reaching 500 cubic meters (tons) a day shall not exceed 95% of the maximum design capacity.

    3. Those undergoing function appraisal by the competent authority shall have a maximum water volume in compliance with control standards.

  2. For those conducting soil treatment, the foregoing subparagraph shall apply. However, the daily amount of wastewater or sewage deposited into the soil by hog or cattle farming enterprises shall be determined according to the following methods:

    1. Enterprises that cultivate rice paddies: hog farming enterprises shall raise no more than 70 hogs on one hectare of land; cattle farming enterprises shall raise no more than eight cows on one hectare of land.

    2. Enterprises that grow crops other than rice: hog farming enterprises shall raise no more than 110 hogs on one hectare of land; cattle farming enterprises shall raise no more than 15 cows on one hectare of land.

  3. Those connected to a sewage system: based on the approved volume on the letter or consent or connection and usage verification.

  4. Those operating storage facilities: based on the maximum design capacity.

  5. Those commissioning treatment: The maximum daily treated quantity commissioned to another party shall not exceed the allowable remaining capacity at the facilities of the commissioned party.

  6. Commissioned treatment: The maximum daily remaining capacity shall not exceed the maximum daily output of treated wastewater or sewage after subtracting the maximum daily output of treated wastewater or sewage generated on-site.

  7. Those that discharge wastewater or sewage into a privately owned surface water body or irrigation canal: Based on the discharge quantity approved by the industry competent authority, managing agency or owner of the private surface water body. However, if the industry competent authority, managing agency or owner of the private surface water body approves a yearly quantity for wastewater or sewage discharge, the amount shall be divided by 365 or the approved number of days for wastewater or sewage discharge.

  8. The scale of production or services shall not exceed the scale approved by the industry competent authority.

Those in the foregoing paragraph that undergo an on-site inspection performed by the issuing authority shall proceed according to the results of the review.

Article 29 [繁體中文]

The issuing organization assigned to review and process all pertinent applications should conduct review processing with complete documentation and perform the actual review with reasonable content. The review periods shall be as follows:

  1. Review processing: 10 days starting from the day the applications are collected.

  2. Actual review: 15 days starting from the completion of review processing. However, for review proceedings involving on-site inspections or invited experts or scholars assisting in the review, the actual review shall take place within 50 days after the completion of review processing.

The issuing authority may extend the review period when deemed necessary. In such a circumstance the issuing authority shall inform the applicants of the extension. However, a review period extension shall be no longer than 30 days.

If the review determines that an applicant needs to make corrections, the issuing authority shall inform the applicant of the deadline for corrections. The number of days for corrections shall not be counted as part of the review period. The total number of days allowed for corrections shall not exceed 42 days.

The issuing authority shall reject applications of applicants that do not make the necessary corrections before the deadline according to the foregoing paragraph.

Article 30 [繁體中文]

The competent authority shall cancel the pollution control plan approval document of an enterprise in one of the following circumstances:

  1. A newly-established enterprise has terminated the installation of major production equipment or the industry competent authority has determined that the continued establishment of operations has no basis in truth.

  2. An enterprise has suspended work or business for a year or longer. However, an enterprise that reports a valid reason for being unable to resume operations to the industry competent authority and receives the consent of the industry competent authority is not subject to this clause.

  3. An enterprise has relocated, the enterprise's major production and/or service facilities have been relocated, and the industry competent authority has determined that the continuation of production, manufacturing, processing or the provision of services at the said location has no basis in truth.

  4. An enterprise has modified its production processes so that no wastewater is generated.

  5. An enterprise received notice from the management agency of the sewage system that they had been refused drainage into the sewage system and did not make the necessary corrections within 30 days of receiving notification.

Article 31 [繁體中文]

The central competent authority shall cancel the discharge permit of an enterprise or sewage system in one of the following situations:

  1. According to Article 15, Paragraph 2 of this Act.

  2. The foregoing article, Subparagraph 2 through Subparagraph 4.

  3. An enterprise or sewage system discharges effluent into rainwater drainage pipes, irrigation canals or private bodies of water, the managing agency or owner raises an objection and appeals for the termination of the drainage in question, and the enterprise or sewage system has still not made corrections a month after the day the managing agency or owner raised objections.

  4. An enterprise receives notice from the sewage management agency that the consent for exclusive connection to the sewage system has been revoked, and does not make the necessary corrections within 30 days of receiving the notification.

The competent authority shall cancel the storage or diluting permit of an enterprise or sewage system in the circumstances stated in the foregoing article, Subparagraph 2 through Subparagraph 4.

Chapter 6 Supplementary Provisions [TOC][繁體中文]

Article 32 [繁體中文]

The pollution control plan or discharge permit data from the following applicants do not require the signature of an engineer:

  1. Sewage systems.

  2. Sewer-connected enterprises. However, enterprises that drain a portion of wastewater or sewage into a surface water body such as a rainwater drainage pipe with the consent of the sewage management agency shall apply for a discharge permit. The documents on discharge into rainwater drainage pipes and other surface water bodies and water pollution control data will require the signature of an engineer.

  3. Applicants for simple discharge permits

If non-contact cooling water and runoff wastewater is not mixed or treated together with workstation wastewater or blowdown, and the explanations provided for the management of piling raw materials and waste and pollution control facilities are approved by the issuing authority, an engineer's signature is not needed on non-contact cooling water and runoff wastewater pollution control data.

Article 33 [繁體中文]

A newly established enterprises required to submit a pollution control plan shall, according to the following regulations, first obtain approval from the issuing authority for the pollution control plan before acquiring relevant verification documents from the industry competent authority:

  1. A sewer-connected enterprise that does not discharge wastewater or sewage into a surface water body shall provide relevant verification documents when registering the basic information of the pollution control plan pursuant to Article 17, Paragraph 1, or make modifications within 30 days of acquiring the verification documents.

  2. Enterprises other than those in the foregoing subparagraph shall append relevant verification documents when apply for the permit.

A newly established enterprise or sewage system whose industry competent authority follows a procedure that does not require proof of registration to apply for a permit, such as issuing a permit for establishment, overseeing trial operations and then proceeding with registration, and whose permit is first issued by the issuing authority, shall make modifications within 30 days of obtaining the said proof of registration.

Article 34 [繁體中文]

An enterprise or sewage system that undertakes the same method for water pollution control shall jointly apply for a pollution control plan review or permit.

When an enterprise or sewage system commissions treatment, and its application, modification, or extension involves modifications in the data of the commissioned party, the enterprise/sewage system and the commissioned party shall submit a joint application.

In the case where the agencies processing the applications in the foregoing paragraph are different, the issuing authority of the commissioned party shall invite the issuing authority of the enterprise or sewage system to participate in the review.

An enterprise or sewage system that implements two or more methods for water pollution control shall provide relevant information for each individual method.

Article 35 [繁體中文]

An enterprise or sewage system that allows other parties to use a portion of facilities or equipment, or contract another party to operate water pollution control equipment, are still responsible for applying for, modifying, and extending the pollution control plan or permit.

Article 36 [繁體中文]

When the application process pursuant to Article 32 of this Act requires that the review, modification or extension of the permit of an enterprise or sewage system be submitted at the same time, the review fee will be calculated as the largest amount for one single item.

Article 37 [繁體中文]

If the pollution control plan or permit is damaged or destroyed during the validity period, the holder of the pollution control plan or permit shall explain the cause in writing and submit the written explanation to the issuing authority within 30 days of the incident to apply for a replacement.

Article 38 [繁體中文]

When an enterprise or sewage system encounters a natural disaster or other force majeure, the water pollution control measures adopted according to the orders of the competent authority shall be exempt from pollution control plan and permit application or modification pursuant to these Regulations.

When the water generated by pollution remediation measures for soil or groundwater on the work premises of an enterprise or sewage system complies with the following regulations, and upon approval by the competent authority according to the Soil and Groundwater Pollution Remediation Act is treated in wastewater or pollution treatment facilities, the adopted water pollution control measures shall be exempt from pollution control plan and permit application or modification:

  1. The water generated does not exceed the design capacity of the wastewater or sewage treatment facilities, and does not exceed the maximum allowable daily volume as recorded on the pollution control plan approval documents or permit by 10%.

  2. The water generated by remediation surpasses effluent standards.

  3. The said wastewater or sewage treatment facilities shall have adequate functionality to treat the pollutants contained in the water generated by remediation measures.

Article 39 [繁體中文]

The central competent authority shall designate and officially announce the enterprises or sewage systems that shall apply for, extend and modify the pollution control plan or permit online via the Internet.

Article 40 [繁體中文]

Enterprises that dispose of wastewater or sewage using methods other than pipelines or drainage canals that do not comply with effluent standards, such as using water trucks or water tanks to dispose of wastewater or sewage in an area outside of the range of operations, shall perform cleanup and disposal pursuant to the Waste Disposal Act.

Prior to the enforcement of these Regulations, pollution control plans or permits approved by the issuing authority whose contents include transportation methods using water trucks or water tanks shall be null and void on January 1, 2008, pursuant to the revisions of the regulations for the type, scope, and scale of enterprises required to submit a pollution control plan, as officially announced on April 26, 2006.

An enterprise or sewage system in the foregoing paragraph shall, from July 1, 2007, submit an industrial waste disposal plan to the special municipality, county or city competent authority for review pursuant to the Waste Disposal Act. The said enterprise or sewage system shall, from January 1, 2008, perform all acts pursuant to the Waste Disposal Act.

Article 41 [繁體中文]

Those holding a pollution control plan or permit issued by the issuing authority before these Regulations were promulgated shall apply for a renewal within the time limit officially announced by the central competent authority. The calculation of the validity period will start over upon renewal. The pollution control plan or permit of those that do not apply for a renewal before the deadline shall become null and void.

If the renewal in the foregoing paragraph involves regulations for water pollution control measures and/or testing and reporting management methods, enterprises or sewage systems that conduct pipeline or engineering projects other than marking facilities and pipelines or erecting signs for water measurement facilities and water sampling locations shall, within two months of the central competent authority's official announcement, submit an improvement plan for review. The improvements shall be completed within six months after receiving approval for the improvement plan. The permit renewal shall be requested no later than one month after the completion of improvements.

An enterprise or sewage system that is unable to complete improvements within the deadline pursuant to the foregoing paragraph shall provide a viable explanation and apply for an extension of the improvement period at the issuing authority. The improvement period shall be no longer than one year.

Those required to make improvements pursuant to the regulations for water pollution control measures and/or testing and reporting management methods shall also provide relevant post-improvement documents when requesting a permit renewal.

Article 42 [繁體中文]

An established enterprise that was included in these Regulations as of January 1, 2007, pursuant to the Water Pollution Control Act industry types and definitions officially announced on December 6, 2005, shall apply for the pollution control plan and permit according to the following rules:

  1. A sewer-connected enterprise that does not discharge wastewater or sewage into a surface water body shall submit the pollution control plan application starting on July 1, 2007, and obtain the pollution control plan approval document before June 30, 2008.

  2. Enterprises apart from those in the foregoing subparagraph shall directly submit the permit application starting on July 1, 2007, and obtain the permit before June 30, 2008.

Article 43 [繁體中文]

An enterprise using a sea discharge pipe that does not proceed pursuant to Article 4, Paragraph 1, shall be penalized according to Article 46.

An enterprise that discharges wastewater or sewage into a surface water body that do not proceed pursuant to Article 4, Paragraph 2 and Paragraph 4; Article 18, Paragraph 3; Article 19, Paragraph 1; or Article 22, Paragraph 1 shall be penalized according to Article 45.

An enterprise or sewage system that is unable to complete improvements within the deadline pursuant to the foregoing paragraph shall provide a viable explanation and apply for an extension of the improvement period at the issuing authority. The improvement period shall be no longer than one year. A sewage system that does not proceed pursuant to Article 4, Paragraph 4, Article 19, Paragraph 1; or Article 22, Paragraph 1 shall be penalized according to Article 47.

An enterprise or sewage system storing or diluting wastewater or sewage that does not proceed pursuant to Article 4, Paragraph 2 and Paragraph 4 shall be penalized according to Article 48.

Article 44 [繁體中文]

These Regulations shall take effect on the date of promulgation.