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WASTE DISPOSAL ACT AMENDED


Jason Chou/LIU, EDDIE WEI-CHIEH

The Legislative Yuan has recently passed an amendment to the Waste Disposal Act (the Act), the highlights of the amendment are as follows:

Punishments for violations were increased from administrative sanctions to criminal penalties.

Criminal penalties will be imposed on those who willfully dump waste or do not dispose of industrial waste properly or in accordance with the law, and as a result, cause death, serious injury or harm human health as to cause an epidemic. Criminal penalties are also provided for those who willfully dump waste which endangers the environment.

Enterprises shall be jointly liable for the disposal of waste and repair to the environment with the waste treatment organization retained by the enterprises if the waste treatment organizations operate the waste disposal without a permit or violate any provision of the Act.

The competent authority or the developers of new industrial parks and science parks must plan for waste disposal facilities within or outside the parks. These industrial parks and science parks may operate only after the waste disposal facilities are completed. Within two years after the enactment of the amendment, the competent authority of existing industrial parks shall complete plans for industrial waste disposal facilities.

The competent authority and the county and city governments may dispatch inspectors to enter private corporate premises for inspection of waste, surplus soil and rocks, waste disposal equipment, as well as the methods used to store, dispose, and re-use waste. If the inspector believe that the pollution are serious, the inspectors may confiscate, impound or restrict the use of moveable property and real property, as well as cut off the supply of water and electricity.
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