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Feature Article: Regulatory Framework for SGPRA Nearing Completion

「Feature Article: Regulatory Framework for SGPRA Nearing Completion」於資料集「Environmental Policy Monthly」由單位「行政院環境保護署」的楊先生所提供，聯繫電話是(02)23117722#2217,(02)23117722#2216，最近更新時間為：2022-01-15 01:13:03。欄位編號的內容是785 ，欄位標題的內容是Feature Article: Regulatory Framework for SGPRA Nearing Completion ，欄位摘要的內容是Because there was previously no legal basis for soil and groundwater pollution remediation work control and management were conducted in a case-by-case fashion. However, following the passage of the Soil and Groundwater Pollution Remediation Act, the EPA has now formulated 17 accompanying regulatory measures. These include the somewhat controversial Regulations Governing the Collection of Soil and Groundwater Pollution Remediation Fees, which is expected to be enacted this October. When that time comes, the ROC will have ushered in a new era in soil and groundwater pollution remediation. The EPA immediately began drafting relevant regulatory measures after the Legislative Yuan formally passed the EPA-drafted Soil and Groundwater Pollution Remediation Act (SGPRA) on its third reading in February 2000. It soon announced operating guidelines for the transitional period after the enactment of the SGPRA and for the oversight of individual cases. These operating guidelines have insured that the management and cleanup of polluted areas will continue prior to the completion of relevant legislation. The use of the word “remediation” in the title of this act, as opposed to “prevention” or “control,” signifies that pollution has already occurred. Occurring mostly in industrial areas, soil and groundwater pollution is hidden below the surface of the ground and is therefore easily overlooked. Resulting from long-term, cumulative processes, this type of pollution typically remains undiscovered unless a problem occurs. By the time a problem occurs, the pollution is inevitably quite severe. And given the rudimentary legal basis existing in the past, it was formerly impossible to get polluters to bear responsibility for their actions. The RCA plant incident was a typical example. However, with the completion of regulatory measures accompanying the SGPRA, these incidents will not recur. The EPA has formulated a total of 17 regulatory measures (including guidelines—see table below) following the passage of the SGPRA. Apart from the two operating guidelines mentioned above, the remaining regulations can be classified as (1) enforcement rules, (2) monitoring and control standards, (3) preliminary assessment methods for controlled site, and (4) fee collection and fund management guidelines. Starting with the enforcement rules, the enforcement rules naturally serve to interpret the SGPRA and make up for its omissions, as well as clearly defining the responsibilities of implementing organizations. The basic spirit of the enforcement rules does not overstep that of the original law, however because soil and groundwater issues involve local government, agricultural authorities, land authorities, the MOEA, and other agencies, the EPA is still busy negotiating with all ministries, councils, and agencies in an effort to resolve obstacles to implementation. The enforcement rules have been presented to the Executive Yuan and are expected to go into effect in August. The next item to consider is soil and groundwater pollution monitoring and control standards, which set the first threshold for remediation work. Monitoring standards will be used to judge the level of soil or groundwater pollution, and will therefore determine whether an area will be listed as a controlled site and subjected to controls. The thorniest issue when drafting these standards is not related to analysis procedures, but is rather the problem of how to formulate testing methods. The third item is that of preliminary assessment methods for controlled sites. This is the second threshold for remediation work. A preliminary assessment must be performed whenever remediation work must be conducted at a controlled site. Preliminary assessments will be performed by local environmental authorities, and the case must be reported to the EPA for approval. Providing a basis for the overall funding and implementation of the SGPRA, the fourth item consists of regulations governing fee collection and the organization of a fund management committee. While organizational rules and fund utilization regulations have already been announced, the more controversial fee collection regulations are still being ironed out. The crux of the problem is that petrochemical firms, who will have to pay the greatest share of fees, don’t feel they meet the conditions of the “polluter pays” principle, and are worried that the huge amount of the fees will put an excessive burden on them. The SGPR fund, which has a target size of NT$30 billion, is expected to take in NT$1.5 billion in fees over a 20-year period. The EPA emphasizes that the cost of the fund will not be borne solely by industry. Since money will also be allocated from the government’s recycling and air pollution funds, firms should not have to bear too great a burden. The EPA hopes to announce fee collection guidelines by October. The EPA projects that the drafting of the SGPRA’s associated regulations and measures will be completed before the end of this year. With relevant laws and regulations firmly in place, by next year (2002) there should be a solid legal basis for dealing with any kind of situation. Among the problems that have occurred in the past or may occur in the future are pollution of farmland, polluted industrial sites, illegal dumpsites, and leaking pipelines and oil storage tanks. It will be now possible to deal with these circumstances in accordance with law. The completion of the accompanying measures will spare the earth and water sources further pollution, allowing the earth’s fruitfulness to be restored. It is impossible to overstate the importance of this event. Legal Measures Accompanying the Soil and Groundwater Pollution Remediation Act Item Name Basis in original law Responsible unit Current status 1 Implementation Rules for the Soil and Groundwater Pollution Remediation Act Article 50 SWCB Reported to Yuan 6/27/01 2 Soil Pollution Monitoring Standards Article 5 SWCB Hearing 6/20/01 3 Groundwater Pollution Monitoring Standards Article 5 WQPB Hearing 6/28/01 4 Soil Pollution Control Standards Article 5 SWCB Hearing 6/20/01 5 Groundwater Pollution Control Standards Article 5 WQPB Hearing 4/9/01 6 Preliminary Controlled Site Assessment Methods Article 11 SWCB Discussion meeting 4/9/01 7 Regulations for Conducting Pollution Area Surveys, EIA and Remediation Grading for Control Sites Article 12 SWCB Draft completed 8 Regulations Governing Management of Environmental Inspection and Testing Organizations Article 10 NIEA Hearings completed 9 Regulations Governing the Control of Soil and Groundwater Pollution Control Areas Article 14 SWCB Discussion meeting 6/29/01 10 Regulations Governing the Collection of Soil and Groundwater Pollution Remediation Fees Article 22 WQPB Hearing 6/7/01 11 Regulations Governing the Collection, Safekeeping, and Use of the Soil and Groundwater Pollution Remediation Fund Article 22 WQPB Announced 6/11/01 12 Organizational Rules and Regulations of the Soil and Groundwater Pollution Remediation Fund Management Committee Article 24 SWCB Announced 7/4/01 13 Announcement of Industries Required to Submit Pollution Analysis Data Prior to Land Transfers Article 8 SWCB Draft completed 14 Announcement of Industries Required to Perform Pollution Analysis Before Establishment, Termination, or Cessation of Operations. Article 9 SWCB Draft completed 15 Format of Civil Suit Notice Article 49 SWCB Announced 2/20/01 16 Operating Guidelines During the Transitional Period After the Enactment of the Soil and Groundwater Pollution Remediation Act SWCB Announced 5/4/00 17 Operating Guidelines for Case Oversight Under the Soil and Groundwater Pollution Remediation Act WQPB Announced 5/16/00 Note: SWCB=Solid Waste Control Bureau; WQPB=Water Quality Protection Bureau; NIEA=National Institute of Environmental Analysis ，欄位全文的內容是Because there was previously no legal basis for soil and groundwater pollution remediation work control and management were conducted in a case-by-case fashion. However, following the passage of the Soil and Groundwater Pollution Remediation Act, the EPA has now formulated 17 accompanying regulatory measures. These include the somewhat controversial Regulations Governing the Collection of Soil and Groundwater Pollution Remediation Fees, which is expected to be enacted this October. When that time comes, the ROC will have ushered in a new era in soil and groundwater pollution remediation. The EPA immediately began drafting relevant regulatory measures after the Legislative Yuan formally passed the EPA-drafted Soil and Groundwater Pollution Remediation Act (SGPRA) on its third reading in February 2000. It soon announced operating guidelines for the transitional period after the enactment of the SGPRA and for the oversight of individual cases. These operating guidelines have insured that the management and cleanup of polluted areas will continue prior to the completion of relevant legislation. The use of the word “remediation” in the title of this act, as opposed to “prevention” or “control,” signifies that pollution has already occurred. Occurring mostly in industrial areas, soil and groundwater pollution is hidden below the surface of the ground and is therefore easily overlooked. Resulting from long-term, cumulative processes, this type of pollution typically remains undiscovered unless a problem occurs. By the time a problem occurs, the pollution is inevitably quite severe. And given the rudimentary legal basis existing in the past, it was formerly impossible to get polluters to bear responsibility for their actions. The RCA plant incident was a typical example. However, with the completion of regulatory measures accompanying the SGPRA, these incidents will not recur. The EPA has formulated a total of 17 regulatory measures (including guidelines—see table below) following the passage of the SGPRA. Apart from the two operating guidelines mentioned above, the remaining regulations can be classified as (1) enforcement rules, (2) monitoring and control standards, (3) preliminary assessment methods for controlled site, and (4) fee collection and fund management guidelines. Starting with the enforcement rules, the enforcement rules naturally serve to interpret the SGPRA and make up for its omissions, as well as clearly defining the responsibilities of implementing organizations. The basic spirit of the enforcement rules does not overstep that of the original law, however because soil and groundwater issues involve local government, agricultural authorities, land authorities, the MOEA, and other agencies, the EPA is still busy negotiating with all ministries, councils, and agencies in an effort to resolve obstacles to implementation. The enforcement rules have been presented to the Executive Yuan and are expected to go into effect in August. The next item to consider is soil and groundwater pollution monitoring and control standards, which set the first threshold for remediation work. Monitoring standards will be used to judge the level of soil or groundwater pollution, and will therefore determine whether an area will be listed as a controlled site and subjected to controls. The thorniest issue when drafting these standards is not related to analysis procedures, but is rather the problem of how to formulate testing methods. The third item is that of preliminary assessment methods for controlled sites. This is the second threshold for remediation work. A preliminary assessment must be performed whenever remediation work must be conducted at a controlled site. Preliminary assessments will be performed by local environmental authorities, and the case must be reported to the EPA for approval. Providing a basis for the overall funding and implementation of the SGPRA, the fourth item consists of regulations governing fee collection and the organization of a fund management committee. While organizational rules and fund utilization regulations have already been announced, the more controversial fee collection regulations are still being ironed out. The crux of the problem is that petrochemical firms, who will have to pay the greatest share of fees, don’t feel they meet the conditions of the “polluter pays” principle, and are worried that the huge amount of the fees will put an excessive burden on them. The SGPR fund, which has a target size of NT$30 billion, is expected to take in NT$1.5 billion in fees over a 20-year period. The EPA emphasizes that the cost of the fund will not be borne solely by industry. Since money will also be allocated from the government’s recycling and air pollution funds, firms should not have to bear too great a burden. The EPA hopes to announce fee collection guidelines by October. The EPA projects that the drafting of the SGPRA’s associated regulations and measures will be completed before the end of this year. With relevant laws and regulations firmly in place, by next year (2002) there should be a solid legal basis for dealing with any kind of situation. Among the problems that have occurred in the past or may occur in the future are pollution of farmland, polluted industrial sites, illegal dumpsites, and leaking pipelines and oil storage tanks. It will be now possible to deal with these circumstances in accordance with law. The completion of the accompanying measures will spare the earth and water sources further pollution, allowing the earth’s fruitfulness to be restored. It is impossible to overstate the importance of this event. Legal Measures Accompanying the Soil and Groundwater Pollution Remediation Act Item Name Basis in original law Responsible unit Current status 1 Implementation Rules for the Soil and Groundwater Pollution Remediation Act Article 50 SWCB Reported to Yuan 6/27/01 2 Soil Pollution Monitoring Standards Article 5 SWCB Hearing 6/20/01 3 Groundwater Pollution Monitoring Standards Article 5 WQPB Hearing 6/28/01 4 Soil Pollution Control Standards Article 5 SWCB Hearing 6/20/01 5 Groundwater Pollution Control Standards Article 5 WQPB Hearing 4/9/01 6 Preliminary Controlled Site Assessment Methods Article 11 SWCB Discussion meeting 4/9/01 7 Regulations for Conducting Pollution Area Surveys, EIA and Remediation Grading for Control Sites Article 12 SWCB Draft completed 8 Regulations Governing Management of Environmental Inspection and Testing Organizations Article 10 NIEA Hearings completed 9 Regulations Governing the Control of Soil and Groundwater Pollution Control Areas Article 14 SWCB Discussion meeting 6/29/01 10 Regulations Governing the Collection of Soil and Groundwater Pollution Remediation Fees Article 22 WQPB Hearing 6/7/01 11 Regulations Governing the Collection, Safekeeping, and Use of the Soil and Groundwater Pollution Remediation Fund Article 22 WQPB Announced 6/11/01 12 Organizational Rules and Regulations of the Soil and Groundwater Pollution Remediation Fund Management Committee Article 24 SWCB Announced 7/4/01 13 Announcement of Industries Required to Submit Pollution Analysis Data Prior to Land Transfers Article 8 SWCB Draft completed 14 Announcement of Industries Required to Perform Pollution Analysis Before Establishment, Termination, or Cessation of Operations. Article 9 SWCB Draft completed 15 Format of Civil Suit Notice Article 49 SWCB Announced 2/20/01 16 Operating Guidelines During the Transitional Period After the Enactment of the Soil and Groundwater Pollution Remediation Act SWCB Announced 5/4/00 17 Operating Guidelines for Case Oversight Under the Soil and Groundwater Pollution Remediation Act WQPB Announced 5/16/00 Note: SWCB=Solid Waste Control Bureau; WQPB=Water Quality Protection Bureau; NIEA=National Institute of Environmental Analysis ，欄位年度的內容是2001 ，欄位月份的內容是4 ，欄位卷的內容是4 ，欄位期的內容是8 ，欄位順序的內容是1 ，欄位倒序的內容是2 ，欄位分類的內容是Soil and Groundwater ，欄位標題2的內容是Feature Article: Regulatory Framework for SGPRA Nearing Completion ，欄位檔案位置的內容是print/V4/V4-08 。

編號

785

標題

摘要

Because there was previously no legal basis for soil and groundwater pollution remediation work control and management were conducted in a case-by-case fashion. However, following the passage of the Soil and Groundwater Pollution Remediation Act, the EPA has now formulated 17 accompanying regulatory measures. These include the somewhat controversial Regulations Governing the Collection of Soil and Groundwater Pollution Remediation Fees, which is expected to be enacted this October. When that time comes, the ROC will have ushered in a new era in soil and groundwater pollution remediation. The EPA immediately began drafting relevant regulatory measures after the Legislative Yuan formally passed the EPA-drafted Soil and Groundwater Pollution Remediation Act (SGPRA) on its third reading in February 2000. It soon announced operating guidelines for the transitional period after the enactment of the SGPRA and for the oversight of individual cases. These operating guidelines have insured that the management and cleanup of polluted areas will continue prior to the completion of relevant legislation. The use of the word “remediation” in the title of this act, as opposed to “prevention” or “control,” signifies that pollution has already occurred. Occurring mostly in industrial areas, soil and groundwater pollution is hidden below the surface of the ground and is therefore easily overlooked. Resulting from long-term, cumulative processes, this type of pollution typically remains undiscovered unless a problem occurs. By the time a problem occurs, the pollution is inevitably quite severe. And given the rudimentary legal basis existing in the past, it was formerly impossible to get polluters to bear responsibility for their actions. The RCA plant incident was a typical example. However, with the completion of regulatory measures accompanying the SGPRA, these incidents will not recur. The EPA has formulated a total of 17 regulatory measures (including guidelines—see table below) following the passage of the SGPRA. Apart from the two operating guidelines mentioned above, the remaining regulations can be classified as (1) enforcement rules, (2) monitoring and control standards, (3) preliminary assessment methods for controlled site, and (4) fee collection and fund management guidelines. Starting with the enforcement rules, the enforcement rules naturally serve to interpret the SGPRA and make up for its omissions, as well as clearly defining the responsibilities of implementing organizations. The basic spirit of the enforcement rules does not overstep that of the original law, however because soil and groundwater issues involve local government, agricultural authorities, land authorities, the MOEA, and other agencies, the EPA is still busy negotiating with all ministries, councils, and agencies in an effort to resolve obstacles to implementation. The enforcement rules have been presented to the Executive Yuan and are expected to go into effect in August. The next item to consider is soil and groundwater pollution monitoring and control standards, which set the first threshold for remediation work. Monitoring standards will be used to judge the level of soil or groundwater pollution, and will therefore determine whether an area will be listed as a controlled site and subjected to controls. The thorniest issue when drafting these standards is not related to analysis procedures, but is rather the problem of how to formulate testing methods. The third item is that of preliminary assessment methods for controlled sites. This is the second threshold for remediation work. A preliminary assessment must be performed whenever remediation work must be conducted at a controlled site. Preliminary assessments will be performed by local environmental authorities, and the case must be reported to the EPA for approval. Providing a basis for the overall funding and implementation of the SGPRA, the fourth item consists of regulations governing fee collection and the organization of a fund management committee. While organizational rules and fund utilization regulations have already been announced, the more controversial fee collection regulations are still being ironed out. The crux of the problem is that petrochemical firms, who will have to pay the greatest share of fees, don’t feel they meet the conditions of the “polluter pays” principle, and are worried that the huge amount of the fees will put an excessive burden on them. The SGPR fund, which has a target size of NT$30 billion, is expected to take in NT$1.5 billion in fees over a 20-year period. The EPA emphasizes that the cost of the fund will not be borne solely by industry. Since money will also be allocated from the government’s recycling and air pollution funds, firms should not have to bear too great a burden. The EPA hopes to announce fee collection guidelines by October. The EPA projects that the drafting of the SGPRA’s associated regulations and measures will be completed before the end of this year. With relevant laws and regulations firmly in place, by next year (2002) there should be a solid legal basis for dealing with any kind of situation. Among the problems that have occurred in the past or may occur in the future are pollution of farmland, polluted industrial sites, illegal dumpsites, and leaking pipelines and oil storage tanks. It will be now possible to deal with these circumstances in accordance with law. The completion of the accompanying measures will spare the earth and water sources further pollution, allowing the earth’s fruitfulness to be restored. It is impossible to overstate the importance of this event. Legal Measures Accompanying the Soil and Groundwater Pollution Remediation Act Item Name Basis in original law Responsible unit Current status 1 Implementation Rules for the Soil and Groundwater Pollution Remediation Act Article 50 SWCB Reported to Yuan 6/27/01 2 Soil Pollution Monitoring Standards Article 5 SWCB Hearing 6/20/01 3 Groundwater Pollution Monitoring Standards Article 5 WQPB Hearing 6/28/01 4 Soil Pollution Control Standards Article 5 SWCB Hearing 6/20/01 5 Groundwater Pollution Control Standards Article 5 WQPB Hearing 4/9/01 6 Preliminary Controlled Site Assessment Methods Article 11 SWCB Discussion meeting 4/9/01 7 Regulations for Conducting Pollution Area Surveys, EIA and Remediation Grading for Control Sites Article 12 SWCB Draft completed 8 Regulations Governing Management of Environmental Inspection and Testing Organizations Article 10 NIEA Hearings completed 9 Regulations Governing the Control of Soil and Groundwater Pollution Control Areas Article 14 SWCB Discussion meeting 6/29/01 10 Regulations Governing the Collection of Soil and Groundwater Pollution Remediation Fees Article 22 WQPB Hearing 6/7/01 11 Regulations Governing the Collection, Safekeeping, and Use of the Soil and Groundwater Pollution Remediation Fund Article 22 WQPB Announced 6/11/01 12 Organizational Rules and Regulations of the Soil and Groundwater Pollution Remediation Fund Management Committee Article 24 SWCB Announced 7/4/01 13 Announcement of Industries Required to Submit Pollution Analysis Data Prior to Land Transfers Article 8 SWCB Draft completed 14 Announcement of Industries Required to Perform Pollution Analysis Before Establishment, Termination, or Cessation of Operations. Article 9 SWCB Draft completed 15 Format of Civil Suit Notice Article 49 SWCB Announced 2/20/01 16 Operating Guidelines During the Transitional Period After the Enactment of the Soil and Groundwater Pollution Remediation Act SWCB Announced 5/4/00 17 Operating Guidelines for Case Oversight Under the Soil and Groundwater Pollution Remediation Act WQPB Announced 5/16/00 Note: SWCB=Solid Waste Control Bureau; WQPB=Water Quality Protection Bureau; NIEA=National Institute of Environmental Analysis

全文

年度

2001

月份

卷

期

順序

倒序

分類

Soil and Groundwater

標題2

Feature Article: Regulatory Framework for SGPRA Nearing Completion

檔案位置

print/V4/V4-08

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Feature Article: Regulatory Framework for SGPRA Nearing Completion

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