Regulations Governing the Preliminary Assessment of Soil and Groundwater Pollution Control Sites

Article 1 ^{[繁體中文]}

These Regulations are determined pursuant to Article 21, Paragraph 3 of the Soil and Groundwater Pollution Remediation Act (herein referred to as this Act).

Article 2 ^{[繁體中文]}

Those control sites which fulfill one of the following circumstances after preliminary assessment shall be reported to the central competent by the local competent authority and officially announced as remediation site following central competent authority approval.

1. Control sites for which the concentration of a single pollutant exceeds soil or groundwater pollution control standards by more than 20 times.

2. Control sites for which the calculation of the pollution total score P based on the soil pollution grade (T_s) and the groundwater pollution grade (T_gw) reaches more than 20 points.

3. Control sites that are located in drinking water source protection areas, within a certain distance from drinking water intake points, or in the water catchment area of a dam or reservoir.

4. Control sites that are located in a national park, wildlife protection area, sensitive ecology or nature preserve, or the habitat of endangered species or plant life.

5. Control sites that are located in a special scenic area or a forest recreation area.

6. Control sites that are located on a school campus, in a public park, green belt, or children’s recreational area.

7. Other major incidents of pollution as designated and officially announced by the central competent authority

The assessment table for the preliminary assessment in Paragraph 1 is shown in Appendix 1.

Article 3 ^{[繁體中文]}

The soil pollution grade (T_s) in these Regulations shall be the sum (∑T_si) of the soil pollution control standard multiples reached by soil pollutant concentrations. Its calculation formula shall be as follows:

$T_s=\sum T_s_i=\frac{C_1}{S_1}+\frac{C_2}{S_2}+\dots +\frac{C_n}{S_n}$^{[Formula description]}

C_i: i category pollutant concentrations that reach soil pollution control standards, i=1, 2…n

S_i: i category soil pollutant control standards, i=1, 2…n

The calculation formula for the foregoing paragraph is shown in Appendix 2.

Article 4 ^{[繁體中文]}

The groundwater pollution grade (T_gw) in these Regulations shall be the sum (∑T_gwi) of the groundwater pollution control standard multiples reached by groundwater pollutant concentrations. Its calculation formula shall be as follows:

$T_{\mathrm{gw}}=\sum T_{\mathrm{gw}}_i=\frac{C_1}{S_1}+\frac{C_2}{S_2}+\dots +\frac{C_n}{S_n}$^{[Formula description]}

C_i: i category pollutant concentrations that reach groundwater pollution control standards, i=1, 2…n

S_i: i category groundwater pollutant control standards, i=1, 2…n

The calculation formula in the foregoing paragraph follows Appendix 3.

Article 5 ^{[繁體中文]}

The calculation formula for the pollution total score P shall be as follows:

$P=\sqrt{\frac{T_s^2+T_{\mathrm{gw}}^2}{2}}$^{[Formula description]}

Article 6 ^{[繁體中文]}

The local authority for a control site pursuant to Article 2, Paragraph 1, shall inform the perpetrators of pollution at the control site, all land users, land managers, and landowners of their obligation to apply for a health risk assessment.

Persons that receive notice of the health risk assessment shall apply for a health risk assessment with the local competent authority within two weeks of receiving notification, and within four months of approval, shall submit a health assessment report for review.The local competent authority shall complete the review within three months of collecting and processing the reports and send the review conclusions to the central competent authority to keep on record.

Control sites where one of the following circumstances apply are not subject to the foregoing paragraph:

1. Control sites pursuant to Article 2, Paragraph 1, Subparagraph 1, whose total concentration of phenol, nitrate nitrogen, or nitrite nitrogen exceeds soil or groundwater pollution control standards by more than 20 times

2. Control sites subject to Article 2, Paragraph 1, Subparagraph 4 or Article 2, Paragraph 1, Subparagraph 7

The central competent authority shall determine the hazard appraisal, dosage reaction assessment, exposure volume assessment, and description of risk characteristics included in the health risk assessment.

In order to review health risk assessments, the local competent authority shall establish a health risk assessment review committee and invite relevant agencies, representatives, experts, and scholars to form the committee; the number of experts and scholars shall not be less than half of the total number of committee members.

Article 7 ^{[繁體中文]}

The local competent authority shall not submit a request to the central competent authority to officially announce the site as a remediation site if, upon completion of the review of the health risk assessment, the cancer risk is found to be less than 1% and other non-cancer risks are also less than 1%.However, the site in question shall be handled according to relevant control site regulations pursuant to this Act.

Article 8 ^{[繁體中文]}

These Regulations shall take effect on the date of promulgation.