SOIL AND GROUNDWATER POLLUTION REMEDIATION ACT
2 February 2000
Chapter One: General Provisions
Article 1:
This Act is enacted to prevent and remediate soil and groundwater pollution, to ensure
sustainable use of the land and groundwater resource, to improve the living environment, and to enhance
public health.
Matters not covered herein shall be governed by other applicable laws or regulations.
Article 2:
Terms used in this Act are defined as follows:
1.
Soil: The natural loose medium on the surface of the earth＇s crust in which terrestrial biological
organisms grow or live.
2.
Groundwater: The water that flows or stays under the surface of the land.
3.
Soil Pollution: The introduction of substances, biological organisms, or energy into the soil, resulting
in a change of the soil quality, which is likely to affect the normal use of the soil or endangering public
health and the living environment.
4.
Groundwater Pollution: The introduction of substances, biological organisms, or energy into
groundwater, resulting in a change in the quality of the groundwater, which is likely to affect the normal use
of groundwater or endangering public health and the living environment.
5.
Pollutants: Any external substance, biological organism, or energy that can lead to soil pollution or
groundwater pollution.
6.
Soil Pollution Monitoring Standards: The prescribed pollutant concentrations which trigger the
monitoring requirement for the purpose of preventing soil pollution.
7.
Groundwater Pollution Monitoring Standards: The prescribed pollutant concentrations which trigger
the monitoring requirement for the purpose of preventing groundwater pollution.
8.
Soil Pollution Control Standards: The prescribed soil pollution control standards for the purposes of
preventing the aggravation of the soil pollution.
9.
Groundwater Pollution Control Standards: The prescribed soil pollution control standards for the
purposes of preventing the aggravation of the groundwater pollution.
10. Soil Pollution Remediation Standards: The prescribed pollutant limit for the purpose of remediating soil
pollution.
11. Groundwater Pollution Remediation Standards: The prescribed pollutant limit for the purpose of
remediating groundwater pollution.
12. Polluter: Any person causing soil pollution or groundwater pollution through any of the following acts:
(1)
engaging in the illegal discharge, leakage, infusion or disposal of pollutants;
(2)
serving as an intermediary or allowing illegal discharge, leakage, infusion or disposal of pollutants; or
(3)
failing to dispose of pollutants pursuant to applicable laws or regulations.
13. Pollution Control Site: The site where the source of its soil or groundwater pollution has been clearly
identified and where the concentrations of its soil or groundwater pollutants have exceeded the soil pollution
or groundwater pollution control standards.
14. Pollution Remediation Site: A Pollution Control Site which is reviewed and declared by the central
government agency as a Pollution Remediation Site based on its preliminary assessment that the site is likely
to seriously endanger the national health and the living environment.
15. Interested Person of the Polluted Land: The person who is not a soil polluter but is a user, administrator,
or owner of land at the time when the land is declared a Pollution Remediation Site.
16. Pollution Control Region: A region the area of which is defined according to the scope of the soil or
groundwater pollution existing in the Pollution Control Site or Pollution Remediation Site.
Article 3:
The competent authorities referred to in this Act are the Environmental Protection
Administration at the central level, the government at the municipal level, and the hsien (or city)
governments at the hsien (or city) levels.
Article 4:
The competent authorities at each respective level may designate or entrust a specific agency
with responsibility for matters regarding research, training, prevention, and remediation of soil or
groundwater pollution.
Chapter Two: Prevention and Remediation Measures
Article 5:
The competent authorities at the municipal and hsien (or city) levels (hereinafter, “Local
Authorities＂) shall regularly monitor the soil and groundwater quality status in their jurisdiction. In the case
of pollutant concentrations exceeding the soil pollution or groundwater pollution control standards, Local
Authorities shall take necessary measures, investigate the party responsible for the pollution and report it to
the central competent authority. In the case of pollutant concentrations lower than the soil pollution control
or groundwater pollution control standards but exceeding the soil pollution or groundwater pollution
monitoring standards, Local Authorities shall conduct regular monitoring, declare the monitoring results and
report the same to the central competent authority for reference.
The soil pollution or groundwater pollution monitoring standards and soil pollution or
groundwater pollution control standards set forth in the preceding paragraph shall be prescribed by the
central competent authority.
Article 6
Any citizen who has discovered the likelihood of soil pollution or groundwater pollution may
inform Local Authorities. All competent authorities for land or groundwater usage and all land users,
administrators or owners who have discovered the likelihood of soil pollution or groundwater pollution shall
notify Local Authorities immediately.
Local Authorities shall proceed with investigation or take necessary measures either based on
the information and notification set forth in the preceding paragraph or based on its own initiative.
Article 7: The competent authorities at each respective level may send officials with proper identification
to enter public and private sites to conduct the following investigations and may order the users,
administrators or owners of such sites to provide relevant information:
1.
inspecting the soil pollution and groundwater pollution status and the sources of pollutants within the
soil and groundwater;
2.
taking samples of the soil, the groundwater or the relevant pollutants; and
3.
taking samples of agricultural and fishery products in conjunction with relevant government
agencies.
If military affairs are involved in the investigation set forth in the preceding paragraph, the
investigation shall be jointly conducted with local military authorities.
The investigation or order for the provision of information as set forth in the preceding two
paragraphs shall not be avoided, hindered, or refused.
The investigating agencies and their personnel shall keep commercial, industrial or military
secrets learned during the investigation confidential.
If during the investigation, the competent authorities at each respective level find that soil
pollution or groundwater pollution is likely to endanger the human health, agricultural or fishery production
or drinking water sources, they shall order the polluter, the user, administrator or owner of the site to
immediately take necessary emergency measures to reduce the pollution impact or prevent the aggravation of
pollution.
Article 8: Upon transfer of the land used by the enterprises designated by the central competent authority
by public announcement, the transferor shall provide soil pollution inspection information.
If the land transferor fails to provide with relevant information prescribed in the preceding paragraph, the
transferor shall have the same liability as the landowner if the land is declared as a Pollution Control Site or a
Pollution Remediation Site .
Article 9: Prior to the establishment, or the business suspension or termination of an enterprise which falls
within the scope of industries designated by the central competent authority by public announcement, such
enterprise shall submit to the Local Authorities for reference the soil pollution inspection information of the
land to be used before it may file relevant applications with the supervisory authority of the enterprises
concerned.
Article 10: When proceeding with the soil pollution and groundwater pollution inspection or remediation
under this Act or providing or submitting the soil pollution and groundwater pollution inspection
information, unless otherwise approved by the central competent authority, the inspection and examination
of soil and groundwater pollutants shall be entrusted to an inspection institution approved by the central
competent authority.
The administrative rules governing the qualifications and facilities, and the application, review, issuance and
revocation procedures regarding the licenses and other requirements for an inspection institution set forth in
the preceding paragraph shall be prescribed by the central competent authority.
An inspection fee, review fee and licensing fee shall be charged for the inspection, review and issuance of
licenses as undertaken by the competent authorities at each respective level in accordance with the Act; the
fee schedule shall be prescribed by the central competent authority.
The methods for the inspection and examination of soil and groundwater pollutants shall be prescribed by the
central competent authority.
Chapter Three: Investigation and Assessment Measures
Article 11: The competent authorities at each respective level shall promptly investigate any site where
the soil or the groundwater is likely to have been polluted. If any discharge, leakage, infusion or disposal of
pollutants in violation of any applicable requirement is found, the competent authorities at each respective
level shall first control the sources of pollution pursuant to relevant environmental laws and regulations, and
then investigate the environmental pollution status.
Where the source of the site＇s soil pollution or groundwater pollution has been clearly
identified and where the pollutant concentration within the soil or the groundwater of the site exceeds the soil
pollution or groundwater pollution control standards, Local Authorities shall declare it a soil pollution or
groundwater pollution control site (hereinafter, “Control Site＂). When the Control Site has been
preliminarily assessed as having a likelihood that it may endanger national health and living environment,
Local Authorities shall report to the central competent authority and request the central competent authority
to appraise and declare the site as a soil pollution or groundwater pollution remediation site (hereinafter,
“Remediation Site＂). Local Authorities shall subsequently prepare a list of the designated Remediation
Sites within seven days of the public declaration by the central competent authority and deliver the same to
the governments of municipalities, and to the hsien (or city) governments, village (or township or districts)
and land registration authorities for the public＇s information.
The preliminary assessment measures set forth in the preceding paragraph shall be prescribed by the
competent central authority.
In the event that the Control Site is not declared a Remediation Site, Local Authorities may, according to the
actual necessity, order the polluters to submit a pollution control plan and to implement such plan after
approval by the Local Authorities.
After implementation of the soil pollution or groundwater pollution control plan at the Control Site as set
forth in the preceding paragraph, a petition may be submitted to the Local Authorities to release control of
the Control Site and to make a public announcement of such release of control if the soil or groundwater
pollutant concentration is lower than that under the soil or groundwater pollution control standards.
Article 12: The competent authorities at each respective level shall investigate the scope of soil pollution
and groundwater pollution of a Remediation Site and assess its environmental impact.
The polluter or the interested person of the polluted land of the Remediation Site may submit a soil or
groundwater investigation and assessment plan prior to the investigation and assessment by the competent
authorities at each respective level, and implement such plan after it is approved by Local Authorities. The
results of the investigation and assessment shall be submitted to Local Authorities for approval.
Local Authorities shall submit the investigation and assessment results set forth in the preceding two
paragraphs to the central competent authority to determine the degree and order for handling.
The measures for investigating the scope of pollution, assessing the environmental impact and appraising the
degree and order for handling shall be prescribed by the central competent authority.
The cost of the investigation, assessment and review incurred by the competent authorities at each respective
level under Paragraphs 1 and 2 may be defrayed by the Soil Pollution and Groundwater Pollution
Remediation Fund.
Chapter Four: Control Measures
Article 13: Local Authorities shall take the following necessary emergency measures based on the actual
condition of the Control Site or the Remediation Site to reduce the pollution hazard or prevent the
aggravation of pollution:
1.
ordering the polluter to stop any action or operation or to stop work in whole or in part;
2.
investigating the groundwater pollution status pursuant to the Water Pollution Control Act and
pursuing the persons liable for the pollution; if necessary, informing the residents to stop the use of
groundwater or other polluted water sources, and restricting the digging of wells to obtain groundwater;
3.
providing necessary alternative drinking water or notifying tap water authorities to connect tap water
as a priority;
4.
erecting signs or fences;
5.
notifying agricultural and health authorities to inspect agricultural and fishery products polluted or
likely to be polluted by soil pollution; controlling or destroying [such products] in conjunction with relevant
agricultural and health authorities, if necessary, and compensating the loss of the destroyed agricultural and
fishery products; and, if necessary, restricting the planting of certain agricultural products on farm land;
6.
evacuating the residents or restricting the activities of people;
7.
removing or disposing of pollutants; and
8.
taking any other necessary emergency measures.
Local Authorities may order the polluter or entrust others to take the necessary emergency
measures set forth in Subparagraphs 3, 4, 7 and 8 of the preceding paragraph.
Local Authorities may pay the expenditures for the measures prescribed in the preceding two
paragraphs out of the Soil Pollution and Groundwater Pollution Remediation Fund.
Article 14: Local Authorities shall designate and declare soil pollution and groundwater pollution control
regions pursuant to the soil pollution and groundwater pollution scope of the Control Site or the Remediation
Site and shall report the designation to the central competent authority for reference. Same procedures apply
to any change to the scope of soil pollution and groundwater pollution.
The land use within the soil pollution and groundwater pollution control regions or the human
activities therein as set forth in the preceding paragraph shall be restricted according to the health and living
environment of the residents. The restrictions shall include land use, groundwater use, the planting of
agricultural products and other necessary restrictive measures, and shall be prescribed by the central
competent authority after consultation with relevant authorities.
Land user, administrator or owner who has suffered damages as a consequence of the
restrictions described in the previous paragraph may seek damages suffered from the polluter.
Article 15: Local Authorities shall notify the land registration authorities having jurisdictions over the land
concerned to record the prohibition against the disposition of the land belonging to polluters or interested
person of the polluted land within the Remediation Site.
Chapter Five: Remediation and Rehabilitation Measures
Article 16: The polluter of the Remediation Site shall establish a soil pollution or groundwater pollution
remediation plan in accordance with the results of the investigation and assessment set forth in Article 12,
and implement such a plan after approval by Local Authorities. Local Authorities shall report said soil
pollution or groundwater pollution remediation plan so approved to the central competent authority for
reference and publish the highlights of the plan and review conclusions.
If the polluter of the Remediation Site set forth in the preceding paragraph is unknown or fails
to comply with the provisions of the preceding paragraph, Local Authorities may establish a soil pollution or
groundwater pollution remediation plan for purposes of reducing the pollution and preventing dangers to the
national health and living environment in accordance with the results of the investigation and assessment and
the degree and order for handling as set forth in Article 12, depending on the financial condition of the Local
Authorities, the technical feasibility of the remediation and the actual conditions of the Site, and implement
such a plan after the approval of the competent central authority. Local Authorities shall publish the
highlights of the plan and the review conclusions.
The interested persons of the polluted land may establish a remediation plan before the Local
Authorities proceed with the soil pollution and groundwater pollution remediation, and the procedure set
forth in paragraph 1 shall apply mutatis mutandis.
During the implementation of the soil pollution and groundwater pollution remediation plans, the persons
implementing such plans may file an application to modify the remediation plans pursuant to the procedures
set forth in Paragraphs 1 and 2. The Local Authorities may modify on its own or cause the persons who
implement the remediation plans to modify the remediation plans according to the necessities of the actual
circumstances.
When there is more than one polluter or more than one interested person of the polluted land, they may
jointly submit a soil pollution or groundwater pollution remediation plan.
The cost spent by the competent authorities at each respective level for establishing, reviewing,
implementing, modifying, and supervising soil pollution and groundwater pollution remediation plans
pursuant to Paragraphs 2, and 4 may be defrayed by the Soil Pollution and Groundwater Pollution
Remediation Fund.
Article 17: The soil pollution and groundwater pollution remediation plans set forth in Paragraphs 1 and 3 of
the preceding article shall specify the soil pollution and groundwater pollution remediation standards, under
which the pollutant concentration shall be lower than that under the soil pollution or groundwater pollution
control standards.
If a person who submits a groundwater pollution remediation plan as set forth in the preceding paragraph is
unable to lower the pollutant concentrations below the groundwater pollution control standards by
remediation because of factors such as geological conditions, pollutant properties or contamination
remediation technologies, he may submit a remediation target for groundwater pollution based upon
environmental impacts and an assessment of health risks.
When Local Authorities prepare soil pollution or groundwater pollution remediation plans, as set forth in
Paragraph 2 of the preceding article, they may, based upon financial and environmental conditions, propose
soil pollution or groundwater pollution remediation standards under which the pollutant concentration would
not be lower than that under the soil pollution or groundwater pollution control standards. Alternatively, they
may propose remediation targets for soil pollution or groundwater pollution based upon environmental
impacts and an assessment of health risks. However, they shall also provide soil pollution or groundwater
pollution control plans and shall apply Paragraphs 2, 4 and 6 of Article 16 mutatis mutandis.
If the land of the Remediation Site is to be utilized in order to accommodate land development, the soil
pollution or the groundwater pollution remediation standards or targets may be specially approved by the
competent central authority after consulting with the relevant government agencies.
When the competent authority approves a soil pollution or groundwater pollution remediation plan, in
accordance with Paragraphs 2 and 4, they may, depending upon environmental conditions, order the one who
implements the remediation plan to submit a soil pollution or groundwater pollution control plan. The plan
shall follow the procedures set forth in Article 16 mutatis mutandis and be implemented after the approval by
the competent authority.
Article 18: The polluters, the interested persons of the polluted land or the user, administrator, or the owner
of the land within the soil pollution or groundwater pollution control region shall cooperate with the
implementation of soil pollution and groundwater pollution remediation or control plans. The competent
authorities at each respective level may send officials with proper identification to the site to investigate or
order the production of any necessary materials, and they shall not be avoided, hindered, or rejected .
Article 19: Before granting the approval of the soil and groundwater pollution remediation plan described in
Article 16, the competent authorities at each respective level shall display or declare the soil and
groundwater pollution remediation plans at a proper place for at least fifteen (15) days.
Anyone who has comments on the plans set forth in the preceding paragraph shall submit the
comments in writing to the competent authorities at each respective level within twenty (20) days after the
display or declaration prescribed in the preceding paragraph.
Article 20: After completing the soil pollution or groundwater pollution control plan, or remediation plan, the
person who implemented the plan shall submit a soil pollution or groundwater pollution remediation
completion report to the central competent authority or Local Authorities for approval the procedure
prescribed in Paragraphs 1 or 2 of Article 16 shall apply mutatis mutandis.
After granting the approval set forth in the preceding paragraph, the central competent
authority or Local Authorities shall do the following:
1.
publicize the cancellation of the control or restrictions of the Control Site or Remediation Site, and
the cancellation of the public＇s review under Paragraph 2 of Article 11;
2.
publicize the cancellation or the modification of the designation of the soil pollution or groundwater
pollution control region under Article 14; and
3.
request the local land registration authorities to cancel the recordation of the prohibition against the
land disposition under Article 15.
All competent authorities in charge of land use shall handle land rehabilitation matters according to actual
need for land use regarding the land for which the soil pollution remediation is completed.
Article 21: When the competent authority investigates the site under Paragraph 1 of Article 11, if the
groundwater pollution concentration at the site exceeds groundwater and designate a groundwater usage
restriction region and other restrictions and shall take the necessary emergency measures pursuant to Article
13.
When a site, as set forth in the preceding paragraph, is preliminarily assessed by the Local Authorities to
have a likelihood of seriously endangering the national health and living environment, the Local Authorities
shall apply the provisions of Article 12 through Article 14 and Article 16 through Article 20 mutatis
mutandis.
Chapter Six: Finance and Responsibility
Article 22: To remediate the soil pollution and groundwater pollution the central competent authority may
levy soil pollution and groundwater pollution remediation charges on the manufacturer and importer of
chemicals designated and declared by the central competent authority based on the quantity of production
and importation of such chemicals, and establish a Soil Pollution and Groundwater Pollution Remediation
Fund. The rules for the income and expenditure, custody and utilization of such fund shall be prescribed by
the Executive Yuan.
The fund prescribed in the preceding paragraph shall be used for the following purposes:
1. to defray the cost spent by the competent authorities at each respective level pursuant to the provisions
of Article 12, Article 13, Article 16, Article 17 and Article 21;
2.
to cover necessary legal costs in connection with the Fund;
3.
to cover the personnel and administrative costs of the Fund; and
4. to cover other costs in connection with soil pollution or groundwater pollution remediation approved by
the central competent authority.
The categories of the chemicals for which soil pollution and groundwater pollution remediation
charges are levied, the calculation and collection methods thereof, the payment procedure and the payment
deadline, as well as other requirements for such fees, shall be prescribed by the competent central authority
after consultation with relevant authorities.
Article 23: The Soil Pollution and Groundwater Pollution Remediation Fund shall derive from the following
sources:
1.
soil pollution and groundwater pollution remediation charges;
2.
the amounts paid by the polluters or the interested persons of the polluted land in accordance with
Articles 38 and 39;
3.
the amounts paid by land developers pursuant to Paragraph 3 of Article 46;
4.
interests accrued from the Fund itself;
5.
the appropriation of funds through the budget procedure determined by the central competent
authorities;
6.
the partial appropriation of funds from the relevant environmental protection funds;
7.
the partial appropriation of criminal and administrative fines for environmental pollution; and
8.
other relevant incomes.
Article 24: A fund management committee shall be established to be responsible for the management and the
application for the Soil Pollution and Groundwater Pollution Remediation Fund set forth in the preceding
article. The committee may establish a working technology group in accordance with the following tasks:
1.
matters regarding the appraisal of Remediation Site under Paragraph 2 of Article 11;
2.
21;
matters regarding the determination of the degree and order for handling under Article 12 or Article
3.
matters regarding the review of defrayed costs for the necessary emergency measures;
4.
matters regarding the review and approval of pollution remediation plans, pollution standards and
remediation targets set forth in Articles 16, 17 or 21;
5.
other relevant matters regarding review of the appropriation of the Funds.
The tenure of office for each committee member is two years. The number of members who are specialist or
scholars shall not be less than two thirds of the total number of members of the committee. The members of
the committee shall not engage in any work relating to soil and groundwater pollution remediation during
their tenure of office and three years after the expiration of the tenure. The members＇ spouses, their direct
blood relatives and indirect blood relatives within the third degree of the blood relationship shall not engage
in any groundwater and soil remediation work of any Remediation Site reviewed by such members during
their tenure of office.
The organization rules of the fund management committee, as set forth in Paragraph 1, shall be prescribed by
the central competent authority and promulgated after approval by the Executive Yuan.
Article 25
An interested person of the polluted land shall prevent soil pollution and groundwater
pollution by exercising the degree of care of a good administrator.
When the land of an interested person of the polluted land is declared as a Remediation Site
due to his or her gross negligence, such interested person shall be jointly and severally liable with the
polluter for the costs incurred by the competent authorities at each respective level pursuant to Paragraph 1
of Article 12, Article 13 and Article 16.
The costs borne by an interested person of the polluted land pursuant to the provision of the
preceding paragraph and the costs spent pursuant to Paragraph 2 of Article 12 and Paragraph 3 of Article 16
may be recovered from the polluter.
Chapter Seven: Penalties
Article 26: Failure to adopt the necessary measures described in Paragraph 5 of Article 7 or failure to follow
an order issued by the Local Authorities pursuant to Article 13, Paragraph 1, Sub-paragraph 1 and Paragraph
2 shall subject the violator to life imprisonment or imprisonment of not less than seven (7) years or, in
addition thereto, a criminal fine of no more than NT$5,000,000 if death results; if serious bodily injury
results, the violator shall be subject to imprisonment of not less than three (3) years, but not more than ten
(10) years and, in addition thereto, a criminal fine of not more than NT$3,000,000.
Article 27: Polluting the soil deliberately with the intention to change the classification of land use shall
subject the violator to imprisonment of not more than five (5) years, but not less than one (1) year, or in
addition thereto, a criminal fine of not more than NT$1,000,000.
The crime set forth in the preceding paragraph shall be punished by life imprisonment or
imprisonment of not less than seven (7) years or in addition thereto, a criminal fine of not more than
NT$5,000,000, if death results; if serious bodily injury results, the person shall be subject to imprisonment of
not more than ten (10) years, but not less than three (3) years, or in addition thereto, a criminal fine of not
more than NT$3,000,000.
Article 28: Polluters, interested persons of polluted land and personnel of examination and inspection
institutions shall be subject to imprisonment of up to three (3) years, detention or, in lieu thereof or in
addition thereto, a criminal fine of NT$200,000 to NT$1,000,000 in case of any false entry in the documents
prepared in accordance with the Act.
Article 29: Imprisonment of up to one year, detention, or, in lieu thereof or in addition thereto, a fine of
NT$200,000 to NT$1,000,000 shall be imposed for violation of the order issued by the Local Authorities
pursuant to Article 13, Paragraph 1, Sub-paragraph 1.
Article 30: If the representative of a juridical person or an agent, employee, or other worker of a juridical
person or a natural person commit the crimes under Articles 26 through the preceding Article in the course of
performing his or her duties, in addition to the punishment against the violator in accordance with said
Articles, the said juridical person or natural person shall also be subject to the criminal fines prescribed in
said Articles.
Article 31: The criminal fines shall be imposed by taking into account the benefits derived from the crimes
committed. The criminal fines may be increased by the sum of up to two times the amount of the benefits
derived if the benefits derived exceed the maximum amount of the criminal fines prescribed in the said Act.
Article 32: An administrative fine of NT$200,000 to NT$1,000,000 shall be imposed upon any person
avoiding, hindering or refusing to comply with the investigation, order or cooperation prescribed under
Paragraph 1 of Article 7 or Article 18, and such fine may be imposed upon the occurrence of each offense.
Failure to comply with the orders set forth in Paragraph 5 of Article 7, or Paragraph 2 of Article 13 shall be
subject to an administrative fine of NT$200,000 to NT$1,000,000, and the fine may be imposed based on the
occurrence of each offense.
Any enterprise designated and publicly declared by the central competent authority which violates the
provisions of Article 9 shall be subject to an administrative fine of NT$200,000 to NT$1,000,000.
Article 33
Failure to pay the expenses within the prescribed deadline in accordance with the payment
regulations under Paragraph 3 of Article 22 shall be subject to interest accrued daily at the interest rate
prescribed by the Post Fund Remittance Bureau for one-year time deposit as of the due date. Delay in
payment in excess of 90 days shall be subject to an administrative fine of NT$200,000 to NT$1,000,000, and
the case shall be referred to the court for compulsory execution.
Article 34: Any inspection institution in violation of the administrative rules prescribed under Paragraph 2 of
Article 10 shall be subject to an administrative fine of NT$200,000 to NT$1,000,000. If necessary, the
license may be revoked.
Article 35: Polluters or interested persons of the polluted land in violation of the restrictions for the control
regions under Article 14, Paragraph 2 shall be punished by an administrative fine of NT$200,000 to
NT$1,000,000 and an order to rectify by a prescribed deadline shall be given. Violators who fail to rectify
by the prescribed deadline shall be fined cumulatively for each day of noncompliance. If the condition is
serious, a cease and desist order or an order for suspension of work or business may be issued. When
necessary, an order to permanently suspend operations may be issued.
Violation of Paragraph 1 of Article 10, the regulations governing the pollution controlled regions under
Paragraph 2 of Article 14, or the usage restrictions for the polluted groundwater use restriction region under
Paragraph 1 of Article 21, shall be punished by an administrative fine of NT$100,000 to NT$500,000 and an
order to rectify by a prescribed deadline shall be given. Violators who fail to rectify by the prescribed
deadline shall be cumulatively fined for each day of noncompliance. If the condition is serious, a cease and
desist order or an order for suspension of work or business may be issued. When necessary, an order to
permanently close down operations may be issued.
Article 36: Violation of Paragraph 4 of Article 11, Paragraphs 1 and 4 of Article 16, or Paragraph 5 of
Article 17 shall subject the violating polluter to an administrative fine of NT$1,000,000 to NT$5,000,000
and an order to remedy or rectify by the prescribed deadline shall be given. The violator shall be
cumulatively fined for each day of noncompliance if it fails to do so by the deadline.
Article 37: If any land is declared as a Remediation Site due to gross negligence or failure to exercise the
duty of care as a good administrator by an interested person of the polluted land, such interested person shall
be subject to an administrative fine of NT$150,000 to NT$750,000.
The user, administrator or owner of a site which has been declared as Control Site but not yet declared as
Remediation Site, shall be subject to an administrative fine of NT$50,000 to NT$500,000 if the site was
declared as a Control Site due to his or her gross negligence or failure to exercise the duty of care as a good
administrator.
Article 38: Local Authorities may order the Polluter to pay, within prescribed deadlines, all costs spent under
Article 12, Article 13, Article 16 or Paragraph 3 of Article 17. Upon the Polluter＇s failure to pay the costs
within the prescribed deadline, Local Authorities may order the polluter to contribute a sum equal to twice
the amount of the costs prescribed to the Soil Pollution and Groundwater Pollution Remediation Funds and
refer the case to the court for compulsory execution.
Article 39: If a soil pollution interested person fails to pay the costs pursuant to Paragraph 2 of Article 25 and
such failure persists after being notified to pay by the relevant Local Authorities within a prescribed period,
Local Authorities may order the person to contribute an additional amount equal to two times the amount of
the costs prescribed to the Soil Pollution and Groundwater Pollution Remediation Funds and refer the case to
the court for compulsory execution.
Article 40: Unless otherwise provided in this Act, the punishments prescribed in this Act shall be imposed by
the Environmental Protection Administration at the central level, by the municipality government at the
municipal level, and by the hsien (or city) governments at the hsien (or city) levels.
Article 41: If any administrative fine imposed pursuant to this Act is not paid within the prescribed period
described by the competent authorities, the case shall be referred to court for compulsory execution.
Article 42: An order to suspend work or business, a cease and desist order, or an order to revoke the license
shall be enforced by the competent authorities. An order to permanently close down business operations
shall be referred by the competent authority to the supervisory authority of the enterprises concerned.
Chapter Eight: Supplemental Provisions
Article 43: The supervisory authority of the enterprises concerned shall assist such enterprises in connection
with prevention and remediation of soil pollution and groundwater pollution.
Article 44: The costs that shall be paid pursuant to the provisions of Articles 38 and 39 shall take precedence
over all claims and mortgage rights.
Article 45: Before a polluter and an interested person of the polluted land are declared bankrupt or ordered to
proceed with a company reorganization, all expenses to be paid under the provisions of Articles 38 and 39
shall be deemed matured bankruptcy or reorganization obligations upon the bankruptcy declaration or the
issuance of an order for a company reorganization.
Article 46: Any land, within the scope of the pollution control region of a Remediation Site and belonging to
a polluter or interested person of the polluted land, shall not be rezoned or be used for any purposes in
violation of the restrictions imposed on the soil pollution and groundwater pollution control regions.
If a land development plan undertaken by the land developer according to other laws or
regulations involves the polluted land of the soil or groundwater Remediation Site, the land development
plan may be submitted together with the soil pollution and groundwater pollution remediation plans under
Article 16 and be reviewed pursuant to applicable laws and regulations. The land development plan shall not
be implemented until the cancellation of the control of the soil or groundwater Remediation site.
Before the cancellation announcement of the control of the soil or groundwater Remediation Site prescribed
in the preceding paragraph and the implementation of the land development plan, the land developer shall
contribute to the Soil Pollution and Groundwater Pollution Remediation Fund thirty percent of the then
current value of the soil-polluted area in the original Remediation Site, which value is assessed based on the
government-prescribed value of the land after its rezoning plus forty percent.
Article 47: The interested person of the polluted land who is grossly negligent shall be jointly and severally
liable with the polluter for damages caused to others by the soil pollution and groundwater pollution.
The interested person of the polluted land has a right of recourse against the polluter for the
damages paid pursuant to the preceding paragraph.
Article 48: Articles 7, 12, 13, 16, 17, 18, 32, 36, 38 and 41 of the Act shall apply to the liability of the
polluter for the soil or groundwater pollution that has taken place before the effective date of the Act.
Article 49: In the event that a public or private site violates this Act or the relevant rulings authorized under
this Act, and the competent authority fails to enforce the law, any victim or public interest group may notify
the competent authority that it has not enforced the law by sending the competent authority a written
statement in detail setting forth the measures that the competent authority fails to enforce. In the event the
competent authority fails to enforce the law within sixty days after receipt of the written notification, the
person or public interest group may file charges directly against the competent authority in the
Administrative Court for failure to enforce the law and may request the Court to order the competent
authority to enforce the law.
If the Administrative Court determines that the competent authority fails to enforced the law, the Court may
order the competent authority to pay proper legal fees, inspection and expert examination fees or other court
costs to the plaintiff who makes concrete contributions to the remediation of the soil pollution and
groundwater contamination.
The format of written notification set forth in Paragraph 1 shall be prescribed by the competent central
authority.
Article 50: The enforcement rules of this Act shall be prescribed by the central competent authority.
Article 51: This Act shall become enforceable upon the date of promulgation.