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An amendment to the Air Pollution Control Act has been promulgated. Major points are outlined below:
Citizen's action permitted. If the relevant government agency is negligent in handling an air pollution case, the victims or public interest organizations may submit a written request for enforcement. In cases where enforcement does not occur within two months, a suit against the government agency may be filed with the administrative court. The government agency may be ordered to pay the court costs and assessment fees.
A macroquantitative control system is introduced. Once a complete set of supporting measures has been drawn up, the system will be implemented on a gradual, zone-by-zone basis. In zones meeting air quality standards, new stationary pollution sources will not be allowed to exceed permitted levels. In sub-standard zones, existing stationary pollution sources will have to be cut back according to regulations. Retention, substitution, and exchange plans are also introduced to curb the current trend toward worsening air pollution.
Air pollution control (APC) fees for mobile pollution sources may be levied by the vehicle or by the fuel. Such fees may be assessed from sellers, users, or importers based on the category and quantity of the fuel or the pollution.
Local governments are empowered to assess APC fees and set APC emission standards. Sixty-percent of stationary-source APC fee revenues will be allocated to local governments. The central authorities may reduce the amount allocated at its discretion depending on the performance of the local government authority. Also, local governments may adjust the APC fee rates set by the central government authorities within a range of 30% up or down to reflect local air quality conditions. Such adjustments should be reported to the central government authorities for approval and announcement.
Citizen participation in pollution control is encouraged. Besides allowing the citizen's action mentioned above, the amendment encourages the public to report infractions and endows citizens with the right of intervention under the Code of Civil Procedure. The representation of environmental protection groups on the APC Fund Management Committee is also increased. Representatives of such groups must account for at least one-ninth of the total number of committee members.
Fines are increased. Enterprises refusing to pay APC fees will be subject to fines from NT$100,000 to NT$1 million. Vehicle owners who refuse to pay the fees will be fined from NT$1,500 to NT$30,000. In cases where owners do not have emission inspections performed on their vehicles, or where the vehicle fails to pass a re-inspection after failing the initial inspection, the vehicle's license plates will be suspended. Special industrial zones that fail to set up air pollution buffer zones and air quality monitoring stations will be subject to maximum fines of NT$5 million, which may be consecutively imposed.
