Since its enactment in 1974, the Water Pollution Control Act has been amended for five times. However, because today’s most serious water pollution problems tend to be diffuse in origin and involve all the parts of an interconnected ecosystem, it would be an impossible task for the Agency to deal with the problems only through administrative orders. Following the enactment and enforcement of the Administrative Implementation Act, the Administrative Procedure Act, and the Administrative Penalty Act, it should be the time for the Water Pollution Control Act to be evaluated for its further amendment. The main executive content of the Research Team is to review the penal provisions of the Water Pollution Control Act, comparing with the legal system of environmental protection and water pollution control in U.S., and propose suggestions for improving the current legal structure and for amending the existing provisions. The Research Team has focused on how to establish the legal system of daily-based penalties, how to distinguish the liability for pollution from the behavioral duty when violating legal requirements, reviewing the improvement of time schedule order in practice, and providing considering factors for determining the final penalties. The Research Team has also made recommendations for improving the information disclosure system, dealing with the minor violations, and encouraging the public to monitor the compliance of the regulated. This research can be the starting point for the government to comprehensively review the Water Pollution Control Act in the future in order to enable the goals of the Act to be met.

Water Pollution Control Act, Penal Provisions, Consecutive Daily Fines, Daily-based Penalties, Improvements of Time Schedule Orders, Considering Factors (in determining penalties)