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.