Newsletter
EXECUTIVE YUAN APPROVES DRAFT SOIL POLLUTION CONTROL ACT
The Executive Yuan approved the draft Soil Pollution Control Act (the Act) and sent it to the Legislative Yuan for consideration. The Executive Yuan made the following major revisions to the draft originally made by the Environmental Protection Administration (EPA):
Add a provision defining a soil polluter as any one who commits one of the following acts of soil pollution:
1. Illegally places, leaks or discards pollutants.
2. Facilitates or allows the illegal placement, leakage, or disposal of pollutants.
3. Otherwise disposes of pollutants in a manner not in accordance with applicable laws and regulations.
The original draft required special municipality or county (city) authority-in-charge to formulate a soil pollution remedy plan according to the results of a study and assessment for site placed under soil pollution management. The Executive Yuan revised the Act to require the soil polluter to formulate the soil pollution remedy plan according to the results of the study and assessment for sites placed under soil pollution management. These plans should be implemented following approval by the local authority-in-charge.
A provision was added to allow the central competent authority in order to remedy soil pollution, to impose and collect a soil pollution remedial fee from manufacturers and importers on designated chemical substances according to the amount produced and imported by the manufacturer and importer. The provision also allows the central competent authority to establish a Soil Pollution Remedial Fund.
The original draft provided that the Act would apply to sites polluted, or where remedial work has begun but is not yet completed, before the Act takes effect. The Executive Yuan revision provides that the Act would only apply to sites polluted before the Act takes effect. The obligations of polluters should be set forth in special provisions.