Nowadays, our country use the “Waste Disposal Act” and the “Resources Recycling and Reuse Act” as the main laws to manage matters of removal and reduce waste, promote recycling and reuse of material. However, these two acts have different definition of terms and ways of waste management which competing against each other constantly. Considering waste prevention, reduction, recycling and final disposal is an indivisible process, the society began to think about the integration of these two acts and initiated a new act call the “Resources Recycling Act (Draft)”.
The “Resources Recycling Act” is based on the concept of material life cycle and has 10 chapters and 110 articles in total. In order to complete the legislative procedure successfully, this project analyzed not only the management concept of the “Waste Disposal Act” and the “Resources Recycling and Reuse Act”, but also the frame of all other relevant regulations. The accomplishments of this project include completion of management structure of the new draft law and it’s original sub-regulations, defined the term of the proposed new sub-laws, established a comparison chart for both old and new articles, and regulated the guidelines of whether the old sub-law should be included into the new act or not.
Moreover, the regulation of the enforcement rules depends on the fact that whether the content of the new law has authorized governments to set rules or not. If the provisions of this act are unclear or need to add more supplement, new rules will be added into the enforcement rules in order to complete the “Resources Recycling Enforcement Rules”, which contained 20 articles. While formulating the enforcement rules, this program completed: (1) regulating provisions about industrial wastes which require special management. For example, if industrial waste will be temporary deposited for over one year, enterprises will be charged for security deposit which will be used as removal cost when enterprises fail to disposal wastes properly; (2) developing training management for people who are responsible for waste removal; (3) setting rules about lifting bans against enterprises for temporary or permanent closing; (4) regulating guidelines of managing closed landfill facility and focus on pollution prevention; (5) formulating management rules of allowing raw materials or product manufacturers to recycle their waste resources; (6) collecting and researching cases about the violation of the “Waste Disposal Act” and illegitimate enrichment. Also analyzing the verification of recovery of illicit profits, methods of estimation, administrative procedures and penalty principle in order to elaborate the “Penalty Increasing for Violation of Resource Cycle Act”, with a total of 8 articles. Then give the idea of increasing penalty in the content of “Violation of Waste Disposal Act Implementation Guidelines for Daily Continuous Punishment”, with a total of 11 provisions.
As for the enforcement guidelines for the transition from the “Waste Disposal Act” and the “Resources Recycling and Reuse Act” to the “Resources Recycling Act”, this project completed the “Resource Recycling Act Promulgated Transition Period Implementation Guidelines”, with a total of 32 points, included rules about transition period, supporting measures and procedures of implementation.
