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Regulations, Current, Last revision on July 29 2009
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Toxic Chemical Substance Handling Liability Insurance Regulations

Eight articles promulgated by Environmental Protection Administration Order Huan-Shu-Tu-Tzu No. 0960055390 on July 26, 2007.
Revision to Article 3 by Environmental Protection Administration Order Huan-Shu-Tu-Tzu No. 0980065732 on July 29, 2009.
Article 1 [正體中文]

These Regulations are determined pursuant to Article 16, Paragraph 2 of the Toxic Chemical Substances Control Act (herein referred to as this Act).

Article 2 [正體中文]

When the total quantities of manufactured, used, stored, or transported Class 1, Class 2, and Class 3 toxic chemical substances exceed the following standards, the handler shall purchase liability insurance prior to handling:

State Handled quantity standard
Gas

The total handled quantity of a single substance at any one site at any one time is more than 100 times the large-scale handling standard. However, total handled quantities of chlorine or formaldehyde of less than 20 tons shall not be subject to this restriction.

Liquid

The total quantity of a single substance handled in one year at any one site exceeds 3,000 tons, or exceeds 100 tons at any one time.

Solid

The total quantity of a single substance handled in one year at any one site exceeds 12,000 tons, or exceeds 400 tons at any one time.

The gas, liquid, and solid referred to in the foregoing paragraph are the states at ambient temperature and pressure.

The handler must purchase liability insurance when the change in the state of a toxic chemical substance due to handling actions causes the substance to exceed the handled quantity standards in Paragraph 1.

Article 3 [正體中文]

The insurance contract terms shall comply with the following regulations:

  1. Insurance coverage: During the insurance period, an accident occurring within a handling site or during the transport process or during the process of preventing or responding to an accident causes the death of or injury to a third party or damage to a third party's property.

  2. Deductible: The insured must first bear a specified deductible before receiving compensation for each insured accident; the maximum deductible may not exceed 10% of the amount of insurance.

  3. Insurance fees: The insurance fees shall be negotiated on a case-by-case basis in accordance with the toxic chemical substance handling risk.

Article 4 [正體中文]

The minimum amounts of this insurance are as follows:

  1. Per person insurance amount for death or injury: NT$2 million.

  2. Per accident insurance amount for death or injury: NT$70 million.

  3. Per accident insurance amount for property losses: NT$10 million.

  4. Cumulative insurance amount during the insurance period: NT$106 million.

  5. When a single site simultaneously handles Class 1, Class 2, and Class 3 toxic chemical substances, cumulative insurance amount during the insurance period: NT$106 million.

Article 5 [正體中文]

The insurance documents or insurance policy shall be kept at the handling site for subsequent checking.

Article 6 [正體中文]

It shall not be necessary to purchase redundant liability insurance when the requirements of Article 2 are met and any of the following situations applies:

  1. The handler has already purchased domestic or foreign insurance, and the insurance contract terms comply with the requirements of Article 3 and Article 4.

  2. Either a handler who has commissioned transport or the carrier has already purchased insurance complying with the requirements of Article 3 and Article 4.

Article 7 [正體中文]

Those persons engaging in the manufacture, use, storage, or transport of Class 1, Class 2, and Class 3 toxic chemical substances shall complete the purchase of insurance within three months from the promulgation date of these Regulations.

Article 8 [正體中文]

These Regulations shall take effect on the date of promulgation. However, the central competent authority shall separately determine promulgation dates for handlers of Class 1 and Class 2 toxic chemical substances.