Soil Treatment Standards

Chapter 1 General Principles ^{[TOC][繁體中文]}

Article 1 ^{[繁體中文]}

These Standards are determined pursuant to Article 32, Paragraph 3, of the Water Pollution Control Act (herein referred to as this Act).

Article 2 ^{[繁體中文]}

Soil treatment as referred to in these Standards means methods for the discharge of wastewater or sewage via pipelines or canals for irrigation or percolation into the soil for the removal or reduction of pollutants.

Article 3 ^{[繁體中文]}

The following enteprises or wastewater sewage systems may use soil treatment:

1. Suspended solids

2. Aquaculture industry: limited to freshwater aquaculture

3. Zoos

4. Public Sewage Systems

Article 4 ^{[繁體中文]}

Soil treatment shall not be adopted in the following areas:

1. Drinking water source quality protection areas or within a certain distance from drinking water intake points

2. Soil and groundwater control sites, pollution remediation sites or pollution control zones

3. Other zones officially announced by the central competent authority

Article 5 ^{[繁體中文]}

The qualities of the land zone utilized by enterprises or sewage systems for soil treatment shall adhere to the following standards:

1. The soil that is 30cm to 120cm below the surface shall not be sand, soil-based sand, or sand-based soil.

2. The soil layer shall be greater than 1.2 meters in thickness.

3. The gradient shall be less than 15%.

4. There shall be no perched water table within 120cm of the surface.

5. The conductivity of extracted fluids from saturated soil at 15°C shall be lower than 4mmho/cm.

6. The hydrogen ion concentration index (pH value) shall be lower than 8.2.

Pig or cattle farming enterprises that conduct soil treatment are subject to the following limits for livestock raised per hectare of land:

1. For enterprises that grow rice:
   1. No more than 70 pigs
   2. No more than 8 cows
2. For enterprises that grow crops other than rice:
   1. No more than 110 pigs
   2. No more than 15 cows

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 zone, the land area of soil treatment, and the types of crops and number of livestock allowed for enterprises in the two foregoing paragraphs.

The livestock count referred to in Article 2, Paragraph 2, is the number of livestock registered at the industry competent authority.If the actual livestock count exceeds that of the number registered at the industry competent authority, the actual livestock count shall apply.

Chapter 2 Permits Management ^{[TOC][繁體中文]}

Article 6 ^{[繁體中文]}

Enterprises and sewage systems shall apply for a soil discharge permit pursuant to these Standards before they may discharge wastewater or sewage into soil.

A special municipality, county or city competent authority (herein referred to as a local competent authority) that issues a soil discharge permit or approves modification to soil discharge permit items shall report the issue or approval to the central competent authority to keep on record.

Article 7 ^{[繁體中文]}

Enterprises or sewage systems shall adopt water pollution control measures when they apply for a soil discharge permit. Those that discharge wastewater or pollutants into a surface water body shall acquire a surface water body discharge permit or simple discharge permit (herein referred to as a discharge permit). At the same time they shall also submit an industrial waste disposal plan for review pursuant to the Waste Disposal Act. Enterprises that dispose 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 their industrial waste disposal plan.

Article 8 ^{[繁體中文]}

Enterprises subject to Article 13, Paragraph 2, of these Standards (herein referred to as enterprises whose water pollution control measure plan require initial review and approval) that are applying for a soil discharge permit shall submit their water pollution control measure plan to the local competent authority; the plan must be approved by the local competent authority before construction or devices for water pollution control measures may be initiated, pursuant to the regulations for water pollution control measure plan and permit application and review.

The approved water pollution control measure plan shall become null and void once enterprises have obtained the soil discharge permit.

Article 9 ^{[繁體中文]}

After enterprises or sewage systems have installed devices for water pollution control and before discharging wastewater or pollutants into the soil they shall fill out the application form for the soil discharge permit and submit it to the local competent authority along with 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 a competent authority or industry competent authorityHowever, newly-established enterprises 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, are not subject to this restriction.

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

   1. Relevant information and drawings on collection, transport, pre-treatment, discharge and quantity measurements
   2. Relevant information and drawings of samples, testing and monitoring
   3. Emergency response methods
   4. Design and drawings of relevant facilities and pipeline projects
   5. Photos and documentation of completed and clearly marked facilities for water pollution control

5. Relevant test reports for soil and sewage

6. Photocopies of documents as determined by 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
7. Photocopies of cadastral and zoning data and photocopies of agreements with relevant competent authorities and land users
8. Enterprises 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. Enterprises whose water treatment facilities are constructed on another party's land shall provide photocopies of the approval documents from the landowner or land manager.
11. For enterprises that empty wastewater or pollutants into a surface water body after the soil treatment process:
    1. Enterprises whose wastewater or sewage overflow 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.
    2. Explanation and photos of the condition of wastewater overflow and explanation and photos of the construction of a containment pool
12. Other documents as designated by the local competent authority

The foregoing paragraph applies to enterprises required to submit a water pollution control measure plan. Once the enterprises or sewage systems receive approval for the construction projects detailed in the water pollution control measure plan they shall request a soil discharge permit by filling out the application form and attaching the following documents:

1. A photocopy of the approval for the water pollution prevention measure plan
2. The documents listed in Subparagraph 4, Item 5, of the foregoing paragraph; and Subparagraph 5 to Subparagraph 12 of the foregoing paragraph

Article 10 ^{[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 land section 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 public sewage systems or enterprises that do not need to submit a water pollution control measure plan, in the case where any enterprises previously operating in the same land section 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 in the same land section were discovered to have rerouted discharge, the foregoing requirements also apply.

Article 11 ^{[繁體中文]}

The local competent authority shall record the following items when issuing a soil discharge permit:

1. Date of issue, permit 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 of site, and the applicable land section code

5. The type and validity period of the permit

6. Permit items

Article 12 ^{[繁體中文]}

Enterprises or sewage systems that need to modify the following data for the soil discharge permit shall report these modifications to the local competent authority within 30 days of the actual occurrence of the incident:

1. Basic information

2. Volume of wastewater or sewage, methods and facilities for measuring sewage, and correction 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 output per day, and the functions of the wastewater pre-treatment and sewage treatment facilities that have not been modified

4. Enterprises contracted to dispose of wastewater from a particular industry, or contractors within the approved surplus

5. Automatic water quality monitoring system and video monitoring system

For enterprises that must receive the approval of the industry competent authority for modifications to basic information as stated in the foregoing paragraph, the modifications must be reported to the local competent authority within thirty days after receiving approval.

Those making alterations to the soil discharge permit shall do so within 30 days after receiving approval from the local competent authority to resume operations pursuant to Article 63, Paragraph 3 of these Standards.

Article 13 ^{[繁體中文]}

Enterprises or sewage systems that wish to make modifications to the soil discharge permit other than the items in the foregoing article shall first submit these modifications to the local competent authority for review. The alterations can be made upon the approval of the local competent authority.

If the modifications in the foregoing paragraph involve the following items, the enterprise or sewage system shall conduct function testing within 30 days prior to making the modifications:

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

2. Sludge treatment measures

3. The maximum amount of wastewater or sewage treated daily

4. The maximum daily sewage output

5. Other items determined by the local competent authority

Article 14 ^{[繁體中文]}

In order to process modifications, enterprises or sewage systems shall fill out the application form for the soil discharge permit and deliver the form along with all documents relevant to the modifications to the local competent authority for review.

Should the regulation of the foregoing article, Paragraph 2, apply to the applicant, they shall also submit a function test compliance report.

Article 15 ^{[繁體中文]}

The validity period of the soil discharge permit is three 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 local competent authority for the approval of an extension. An extension shall be no longer than three years.

The local competent 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 permit expiration deadline.Those that fail to apply for extensions in the designated period prior to the permit expiration deadline pursuant to the foregoing paragraph and for which the local competent authority has yet to make a decision concerning approval or rejection by the date of the permit expiration deadline shall terminate all soil treatment processes.Enterprises or sewage systems that fail to apply for an extension before the expiration date and whose soil discharge permit becomes null and void on the day of the expiration date shall re-apply for a soil discharge permit if further soil treatment is required.

Enterprises or sewage systems whose application for an extension of the soil discharge permit involves modifications to required data shall proceed concurrently pursuant to Articles 12 through 14.

Article 16 ^{[繁體中文]}

Enterprises or sewage systems that request an extension shall fill out the corresponding form 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. Photocopies of documents as determined by the agricultural testing unit subordinate to the central competent authority; special municipality, county or city competent authority; or other government agency commissioned by the competent authority
3. Photographs of water treatment facilities in their current condition
4. A soil and groundwater test report conducted within 90 days prior to submitting the application
5. A water quality test report for wastewater discharged into the soil conducted within 90 days prior to submitting the application
6. For enterprises contracted to treat the soil or dispose of wastewater, a copy of the contract is required.
7. Persons contracted for the operation of pre-treatment facilities for wastewater or sewage shall provide a photocopy of credentials.
8. Enterprises whose water treatment facilities are constructed on another party's land shall provide photocopies of the approval documents from the landowner or land manager.
9. For enterprises that empty wastewater or sewage into a surface water body after the soil treatment process:
   1. Enterprises whose wastewater or pollutants overflow 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.
   2. A photo of the containment pool in its current condition
10. Enterprises that dispose 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 their industrial waste disposal plan.

Article 17 ^{[繁體中文]}

When requesting modifications to the soil discharge permit, an enterprise or sewage system in one of the following circumstances, besides adhering to regulations in Article 14, shall provide photographs of the completed installation of water measurement devices measuring total volume, automatic water quality monitoring system, and video monitoring system:

1. The competent authority discovers that the path of discharge has been rerouted.
2. Enterprises that violated the regulations of these Standards and were 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. 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
4. 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

When requesting modifications to the soil discharge permit, an enterprise or sewage system in one of the following circumstances, besides adhering to regulations in Article 14, shall provide a function test compliance report conducted within 30 days prior to the date of the application:

1. Irregular operating parameters
2. Irregular water quality-quantity ratio
3. There is concern of unapproved diluting processes
4. Inadequate functions in wastewater or sewage pre-treatment facilities

Article 18 ^{[繁體中文]}

When the local competent authority is reviewing soil discharge permits, besides conducting an on-site inspection it shall also invite experts and scholars to assist in the review process.A review of permits pursuant to regulations in Article 12, Paragraph 1, is not subject to this clause.

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 2.

The items for initial on-site inspection are as follows:

1. The zoning and total surface area of the land used for soil treatment

2. The layout, measurements and types of pre-treatment facilities as well as other relevant equipment and/or facilities

3. Transport pipelines and drainage canals

4. Water volume measurement facilities

5. Location of sampling and posting of samples taken prior to the discharge of wastewater or sewage into the soil

6. A groundwater monitoring system that calculates the location and number of wells

7. The location and number of soil samples

8. Other items determined to be compulsory by the local competent authority

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

1. Water quality limits that are in compliance with these Standards
2. Soil characteristics, the surface gradient, and the level of the groundwater shall all be in compliance with the treatment functions.
3. The zoning 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 or 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 19 ^{[繁體中文]}

The principles for the approval of the maximum daily wastewater or sewage output or the scale of services by the local competent authority are as follows:

1. Maximum daily wastewater or sewage output:
   1. The maximum daily wastewater or sewage output of new applicants and those requesting modifications or extensions shall not exceed 80% of the maximum design capacity of wastewater or sewage pre-treatment facilities.However, those who produce an amount of wastewater or sewage equal to 500 cubic meters (tons) a day shall not exceed 85% of the maximum design capacity of wastewater or sewage pre-treatment facilities.
   2. Those that have requested modification or extension of the soil discharge permit and have conducted function testing shall base maximum daily output of wastewater or sewage on the highest water volume in the function test according to water quality limits pursuant to these Standards. Maximum daily output shall not exceed 90% of the maximum design capacity of wastewater or sewage pre-treatment facilities.However, those who produce an amount of wastewater or sewage equal to 500 cubic meters (tons) a day shall not exceed 95% of the maximum design capacity of wastewater or sewage pre-treatment facilities.
   3. Those that have received a function evaluation from the local competent authority shall base maximum daily output of wastewater or sewage on the highest water volume in the function test for water quality limits pursuant to these Standards.
   4. The maximum daily wastewater or sewage output for pig and/or cattle farmers shall be pursuant to Article 5, Paragraph 2.
2. The scale of production or services shall not exceed the scale approved by the industry competent authority.

Article 20 ^{[繁體中文]}

The local competent authority 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

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

If the review process determines that an applicant needs to make corrections, the local competent 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 number of days allowed for corrections shall not exceed 42 days.

The local competent authority should reject applications of applicants that do not make the necessary corrections before the deadline pursuant to the foregoing paragraph.

Article 21 ^{[繁體中文]}

The local competent authority shall revoke the soil discharge permit of an enterprise or sewage system in one of the following circumstances:

1. The enterprise has suspended work or business for a year or longerAn enterprise that reports a valid reason for being unable to resume operations to the industry competent authority and receive the consent of the industry competent authority are not subject to this clause.

2. The 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.

3. The enterprise has modified its production processes so that no wastewater is produced.

4. The enterprise did not obtain a relevant permit or document within three months after the local competent authority cancelled or revoked any other water pollution control measure plans or discharge permits or documents.

5. The agricultural competent authority determines that it is inappropriate to continue soil treatment.

6. The total amount of nitrogen from sewage produced annually on one hectare of land reaches 400kg.

7. The soil test results reach or exceed the limits of soil pollutant testing standards, or the soil test results show the amount of copper or zinc on the test result to be equal to 70% of the soil testing standard limit.

8. The results of groundwater tests reach or exceed the limits of soil pollutant testing standards.However, those whose background value for ammonia nitrogen in groundwater is greater than the standard limit for groundwater pollutant testing, and whose test value for groundwater ammonia nitrogen is lower than the background value are not subject to this restriction.

9. The conductivity of extracted fluids from saturated soil at 15°C is equal to 4mmho/cm.

10. The land used for soil treatment has been designated as a soil or groundwater pollution control zone by public announcement.

Enterprises whose soil discharge permit has been revoked pursuant to regulations in the foregoing article, Paragraphs 5 through 10, shall not apply for soil treatment on the same land for one year after the permit has been revoked.

Article 22 ^{[繁體中文]}

For newly established enterprises whose water pollution control measure plan requires initial review and approval, if the water pollution control measure plan is approved by the local competent authority before relevant documents from the industry competent authority have been obtained, these document shall be appended when applying for the soil discharge permit.

Newly-established enterprises whose industry competent authority follows a procedure that does not require proof of registration, such as issuing a permit for establishment, overseeing trial operations and then proceeding with registration, shall perform modification of registration within 30 days of receiving the soil discharge permit approved by the local competent authority.

Article 23 ^{[繁體中文]}

Enterprises or sewage systems that undertake the same method for water pollution control shall jointly apply for a soil discharge permit.

Enterprises or sewage systems that implement two or more methods for water pollution control shall provide relevant information for each individual method.

Chapter 3 Discharge and Monitoring Management ^{[TOC][繁體中文]}

Article 24 ^{[繁體中文]}

Enterprises or sewage systems that allow 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 soil discharge permit.

Article 25 ^{[繁體中文]}

An enterprise or sewage system that applies for a soil discharge permit and a discharge permit or document at the same time shall be charged a review fee no greater than the maximum review fee for a single item.

Article 26 ^{[繁體中文]}

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

Article 27 ^{[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 soil discharge permit online via the Internet.

Article 28 ^{[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 revision and enforcement of these Standards, discharge permits approved by the local competent 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 whose water pollution control measure plan require initial review and approval, as officially announced on April 26, 2006.

Enterprises or sewage systems of the foregoing paragraph shall, from July1, 2007, submit an industrial waste disposal plan to the local competent authority for review pursuant to the regulations of the Waste Disposal Act. The aforesaid enterprises or sewage systems shall, from January 1, 2008, perform all acts pursuant to the regulations of the Waste Disposal Act.

Article 29 ^{[繁體中文]}

Prior to the revision and enforcement of these standards, those originally holding a discharge permit approved by a local competent authority shall apply for a renewal within the deadline announced by the central competent authority pursuant to Article 7. The validity period for the discharge permit shall be recalculated upon approval of the renewal.If an application for renewal is not submitted before the deadline the discharge permit 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 measuring facilities and water sampling locations shall, within two months of the central competent authority's public 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.

Enterprises or sewage systems that are unable to complete improvements within the deadline pursuant to the foregoing paragraph shall provide a concrete explanation and apply for an extension of the improvement period at the local competent authority. The improvement period shall be no longer than one year.

Those who are required to perform 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.

Chapter 4 Supplementary Provisions ^{[TOC][繁體中文]}

Article 30 ^{[繁體中文]}

Pursuant to the regulations for defining and classifying enterprises in the Water Pollution Control Act officially announced by the central competent authority on December 6, 2005, existing enterprises that are subject to this Act as of July 1, 2007, shall submit their applications beginning on July 1, 2007, and acquire their permit or approved documents before June 30, 2008.

Article 31 ^{[繁體中文]}

The water quality items and limits for wastewater or sewage produced by enterprises or sewage systems shall comply with the following regulations before wastewater may be discharged into the soil.

^{[TOC][繁體中文]}

Table 1 Water Quality Standards for the Adoption of Soil Treatment Methods for the Treatment or Utilization of Pollutants

Water quality items		Limit value	Remarks
Water temperature		35
Hydrogen ion concentration index (pH)		6.0 - 9.0
Total phenol		0.1
cyanide		0.5
Grease	Minerals	10
	Animal and plant qualities	Total phosphorus
Sodium absorption ratio		6.0 (no unit)
Conductivity		2.5 (mmho/cm 25℃）	Not applicable to pig or cattle farming enterprises
Total nitrogen		40	Not applicable to pig or cattle farming enterprises
Total phosphorus		15	Not applicable to pig or cattle farming enterprises
Boron		0.75
Aluminum		5.0
Arsenic		0.2
Beryllium		0.5
Cadmium		0.01
Total chromium		0.1
Cobalt		0.05
Copper		0.2
		3.0	Applicable to pig or cattle farming enterprises
Lead		0.1
Lithium		2.5
Manganese		0.2
Total mercury		0.005
Molybdenum		0.01
Nickel		0.5
Selenium		0.02
Vanadium		10.0
Zinc		2.0
		5.0	Not applicable to pig or cattle farming enterprises
Biological oxygen demand		400	Applicable to livestock enterprises
		150
Suspended solids		400	Applicable to livestock enterprises
		300

Concerning the limits in the foregoing paragraph, apart from the hydrogen ion concentration index, which is defined as a range, the rest are defined as the maximum allowed value using the following units of measure:

1. Hydrogen ion concentration index: No measure unit
2. Water temperature: Celsius (°C)
3. Sodium absorption ratio: The square root of milligrams per liter (meq^1/2L^-1/2)
4. Conductivity: mmho/cm at 25°C
5. Other items: milligrams per liter (mg/L)

Article 32 ^{[繁體中文]}

These Standards shall take effect from the date of promulgation.