WASTE DISPOSAL ACT UNDER AMENDMENT

03/01/2009

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The Executive Yuan recently approved a draft of proposed amendments to the Waste Disposal Act.  The main points are as follows:

           

	Ÿ	Under new provisions, if an enterprise that is required under the Act to recycle, clear, and dispose of waste, fails to pay its recycling, clearance and disposal fees within the prescribed time period, it will be required to pay a late-payment penalty and interest.  If an enterprise has been in arrears for 30 days and has been ordered by the competent authorities to pay within a certain period of time but still fails to pay the fees within the deadline, the case will be submitted to the court for compulsory enforcement.
	Ÿ	To implement the policy of recovering end-of-life vehicles at deregistration, new provisions are introduced requiring that except when a motor vehicle is exported, or for other reasons to be announced by the Environmental Protection Administration, before a vehicle owner may report a vehicle as scrapped, the owner must hand over the vehicle to a scrap vehicle recycling enterprise, and obtain proof of recycling.
	Ÿ	Under new provisions, the exportation of waste materials may be prohibited under any of the following circumstances:
		1.	the materials pose a serious hazard to human health or the living environment;
		2.	there are no appropriate disposal technologies or facilities in Taiwan;
		3.	the materials can be directly solidified, buried in landfill, incinerated, or dumped at sea;
		4.	their importation is prohibited under the Basel Convention or by legislation in other countries or territories;
		5.	mature disposal or recycling technology exists in Taiwan and there is no situation of monopoly or market domination; or
		6.	exportation is destined for a least-developed country as designated by the United Nations.
	Ÿ	New provisions envisage criminal penalties for the responsible person(s) of an enterprise that fails to comply with an order by the environmental authorities to suspend work, suspend business operations, or cease specific actions.