These Regulations are determined pursuant to Article 16, Paragraph 2 of the Toxic Chemical Substances Control Act (herein referred to as this Act
).
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.
The insurance contract terms shall comply with the following regulations:
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.
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.
Insurance fees: The insurance fees shall be negotiated on a case-by-case basis in accordance with the toxic chemical substance handling risk.
The minimum amounts of this insurance are as follows:
Per person insurance amount for death or injury: NT$2 million.
Per accident insurance amount for death or injury: NT$70 million.
Per accident insurance amount for property losses: NT$10 million.
Cumulative insurance amount during the insurance period: NT$106 million.
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.
The insurance documents or insurance policy shall be kept at the handling site for subsequent checking.
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:
The handler has already purchased domestic or foreign insurance, and the insurance contract terms comply with the requirements of Article 3 and Article 4.
Either a handler who has commissioned transport or the carrier has already purchased insurance complying with the requirements of Article 3 and Article 4.
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.
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.