Soil Pollution Control Act ReadiedSoil and Groundwater1998
「Soil Pollution Control Act ReadiedSoil and Groundwater1998」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169 ， 欄位標題的內容是Soil Pollution Control Act Readied ， 欄位摘要的內容是A great deal of importance has recently been placed on groundwater and soil pollution problems. In response to these problems the EPA recently drafted the Soil Pollution Control Act and discussed the draft with various environmental ， 欄位全文的內容是A great deal of importance has recently been placed on groundwater and soil pollution problems. In response to these problems the EPA recently drafted the Soil Pollution Control Act and discussed the draft with various environmental agencies on April 29, 1998.The EPA noted that soil pollution originates from air, water, waste and toxic pollution sources, and as pollution prevention is already proscribed in current regulations, the draft Soil Pollution Control Act was defined as legislation to cleanup pollution.The second feature of the draft is a strong information reporting system. The EPA’s Bureau of Solid Waste Management noted that soil cleanup is particularly reliant on a reporting system due to the obscure, irreversible, and hazardous nature of soil pollution and the fact that it is difficult to ascertain the depth and breadth of contamination. It is therefore critical that emergency handling measures be adopted as soon as the pollution occurs to prevent the damage from spreading. For this reason, an effective reporting system is required to respond to soil pollution. The draft therefore authorizes the EPA to establish a soil pollution information system and stipulates that local governments must regularly monitor the situation at sites where there is soil pollution and report any abnormalities to the information center. Regarding parties responsible for the pollution (including the polluters and owners or users of the polluted land), the draft stipulates that necessary measures must be taken to prevent the spread of pollution or damage, and a report be made immediately to the information center.The third feature of the draft involves open access to information. The draft stipulates that the EPA must carry out an initial on-site assessment once relevant agencies are notified of or discover the pollution. Pollution suspected of being a threat to life, property or the environment must come under regulatory listing and be announced to keep the public informed of soil pollution matters. Sites that come under regulation must be investigated and evaluated further by the EPA and rated according to the scope of contamination and degree of danger. This information must also be provided to the public.In terms of the polluted site, the environmental body must halt work and adopt emergency measures. Produce or seafood that is polluted or suspected of being polluted may either be restricted from being distributed or be destroyed. These emergency cleanup measures will initially be covered by the Soil Pollution Remediation Fund but ultimately must be born by the polluters.To avoid difficulties during the process of treating polluted land that has come under regulation, the draft specifically authorizes environmental agencies to formally request local governments to prohibit the sale, rental or mortgage of such land, or other transfer of ownership or activity regarding such land.Besides the parties responsible for pollution, the government may also carry out contamination site remediation. Contaminated land must be restored in principle to its original state according to pollution control standards. However, a case-by-case review scheme may be used by the Land-Use Review Agency and the EPA, if a larger-scale comprehensive development plan is carried out on the polluted land and neither human health nor the environment are harmed.As soil pollution cleanup is an extremely expensive process, the draft calls for the EPA to install a Soil Pollution Remediation Fund modeled after the Superfund system in the US. The draft specifically adopts an approach that generates cleanup funds without increasing existing fee burdens. The following is a list of Remediation Fund sources:1.Other environmental funds, closely related to soil pollution, shall contribute a specified proportion of their annual budget.2.Fine payments from operations that pollute the soil.3.A portion of income proceeds that result from the land use rezoning of polluted land.4.Interest earned on the Fund.5.Part or all of the fines levied according to this draft.6.Budgets created by the competent authorities.To best utilize cleanup funds and deter pollution activities, the draft stipulates that the responsible parties for the pollution (including the polluter, land owner and land user) must bear joint liability for damages and cleanup costs arising from the polluted land. Furthermore, as the polluter should in principle bear ultimate responsibility for the polluting activity, the draft allows the other responsible parties to seek compensation from the polluter. However, an owner or user of the polluted land that made considerable efforts toward damage prevention, even if damages were not avoided, shall be exempt from joint liability.To avoid transfer of land ownership disputes arising from soil pollution, the draft stipulates that during transfer of ownership, the assignee must request that the assignor provide soil quality examination and soil pollution cleanup and removal documents for use as a reference in deciding whether or not to accept the transfer of ownership.In terms of penalties, the draft clearly stipulates criminal disciplinary actions for deeds not in accordance with competent authority orders that cause death or severe harm, intentionally pollute soil or disobey instructions to suspend operations. The most severe penalty is imprisonment for up to seven years. Violation of competent authority emergency measures, violation of soil use controls, restrictions or prohibitions, and interference with competent authority inspections or pollution improvements are also penalized according to related administrative regulations in the draft.Soil pollution usually involves land use rezoning issues. To prevent land owners from using land pollution as an excuse to rezone the land for their own benefit, the draft also stipulates that land cannot be rezoned before cleanup work is finished. To encourage companies to carry out the cleanup work, the draft adds a proviso that the cleanup and development work can be conducted simultaneously if the company integrates the soil pollution cleanup plan into a large-scale, comprehensive development plan and is able to complete the soil pollution cleanup work on its own. However, such operations should pay a certain amount of money into the Soil Pollution Remediation Fund, as one of the sources of the Fund.To address the problem of existing soil pollution, the draft stipulates that sites which have already been polluted or have engaged in cleanup work shall be retroactively subject to all provisions in the draft.The Bureau of Solid Waste Management said they would continue to hold public hearings and have discussions with relevant institutions and agencies. They estimate that the draft will be submitted to the Executive Yuan by the end of June, 1998, for approval. ， 欄位年度的內容是1998 ， 欄位月份的內容是12 ， 欄位卷的內容是1 ， 欄位期的內容是12 ， 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Soil Pollution Control Act Readied ， 欄位檔案位置的內容是print/V1/V1-12 。
編號
169
標題
Soil Pollution Control Act Readied
摘要
A great deal of importance has recently been placed on groundwater and soil pollution problems. In response to these problems the EPA recently drafted the Soil Pollution Control Act and discussed the draft with various environmental
全文
A great deal of importance has recently been placed on groundwater and soil pollution problems. In response to these problems the EPA recently drafted the Soil Pollution Control Act and discussed the draft with various environmental agencies on April 29, 1998.The EPA noted that soil pollution originates from air, water, waste and toxic pollution sources, and as pollution prevention is already proscribed in current regulations, the draft Soil Pollution Control Act was defined as legislation to cleanup pollution.The second feature of the draft is a strong information reporting system. The EPA’s Bureau of Solid Waste Management noted that soil cleanup is particularly reliant on a reporting system due to the obscure, irreversible, and hazardous nature of soil pollution and the fact that it is difficult to ascertain the depth and breadth of contamination. It is therefore critical that emergency handling measures be adopted as soon as the pollution occurs to prevent the damage from spreading. For this reason, an effective reporting system is required to respond to soil pollution. The draft therefore authorizes the EPA to establish a soil pollution information system and stipulates that local governments must regularly monitor the situation at sites where there is soil pollution and report any abnormalities to the information center. Regarding parties responsible for the pollution (including the polluters and owners or users of the polluted land), the draft stipulates that necessary measures must be taken to prevent the spread of pollution or damage, and a report be made immediately to the information center.The third feature of the draft involves open access to information. The draft stipulates that the EPA must carry out an initial on-site assessment once relevant agencies are notified of or discover the pollution. Pollution suspected of being a threat to life, property or the environment must come under regulatory listing and be announced to keep the public informed of soil pollution matters. Sites that come under regulation must be investigated and evaluated further by the EPA and rated according to the scope of contamination and degree of danger. This information must also be provided to the public.In terms of the polluted site, the environmental body must halt work and adopt emergency measures. Produce or seafood that is polluted or suspected of being polluted may either be restricted from being distributed or be destroyed. These emergency cleanup measures will initially be covered by the Soil Pollution Remediation Fund but ultimately must be born by the polluters.To avoid difficulties during the process of treating polluted land that has come under regulation, the draft specifically authorizes environmental agencies to formally request local governments to prohibit the sale, rental or mortgage of such land, or other transfer of ownership or activity regarding such land.Besides the parties responsible for pollution, the government may also carry out contamination site remediation. Contaminated land must be restored in principle to its original state according to pollution control standards. However, a case-by-case review scheme may be used by the Land-Use Review Agency and the EPA, if a larger-scale comprehensive development plan is carried out on the polluted land and neither human health nor the environment are harmed.As soil pollution cleanup is an extremely expensive process, the draft calls for the EPA to install a Soil Pollution Remediation Fund modeled after the Superfund system in the US. The draft specifically adopts an approach that generates cleanup funds without increasing existing fee burdens. The following is a list of Remediation Fund sources:1.Other environmental funds, closely related to soil pollution, shall contribute a specified proportion of their annual budget.2.Fine payments from operations that pollute the soil.3.A portion of income proceeds that result from the land use rezoning of polluted land.4.Interest earned on the Fund.5.Part or all of the fines levied according to this draft.6.Budgets created by the competent authorities.To best utilize cleanup funds and deter pollution activities, the draft stipulates that the responsible parties for the pollution (including the polluter, land owner and land user) must bear joint liability for damages and cleanup costs arising from the polluted land. Furthermore, as the polluter should in principle bear ultimate responsibility for the polluting activity, the draft allows the other responsible parties to seek compensation from the polluter. However, an owner or user of the polluted land that made considerable efforts toward damage prevention, even if damages were not avoided, shall be exempt from joint liability.To avoid transfer of land ownership disputes arising from soil pollution, the draft stipulates that during transfer of ownership, the assignee must request that the assignor provide soil quality examination and soil pollution cleanup and removal documents for use as a reference in deciding whether or not to accept the transfer of ownership.In terms of penalties, the draft clearly stipulates criminal disciplinary actions for deeds not in accordance with competent authority orders that cause death or severe harm, intentionally pollute soil or disobey instructions to suspend operations. The most severe penalty is imprisonment for up to seven years. Violation of competent authority emergency measures, violation of soil use controls, restrictions or prohibitions, and interference with competent authority inspections or pollution improvements are also penalized according to related administrative regulations in the draft.Soil pollution usually involves land use rezoning issues. To prevent land owners from using land pollution as an excuse to rezone the land for their own benefit, the draft also stipulates that land cannot be rezoned before cleanup work is finished. To encourage companies to carry out the cleanup work, the draft adds a proviso that the cleanup and development work can be conducted simultaneously if the company integrates the soil pollution cleanup plan into a large-scale, comprehensive development plan and is able to complete the soil pollution cleanup work on its own. However, such operations should pay a certain amount of money into the Soil Pollution Remediation Fund, as one of the sources of the Fund.To address the problem of existing soil pollution, the draft stipulates that sites which have already been polluted or have engaged in cleanup work shall be retroactively subject to all provisions in the draft.The Bureau of Solid Waste Management said they would continue to hold public hearings and have discussions with relevant institutions and agencies. They estimate that the draft will be submitted to the Executive Yuan by the end of June, 1998, for approval.
年度
1998
月份
12
卷
1
期
12
順序
1
倒序
2
分類
Soil and Groundwater
標題2
Soil Pollution Control Act Readied
檔案位置
print/V1/V1-12
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