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2017 AD to 2018 AD Project on the Research & Revision of Law, the Consultation of Legal Ambiguities of the Fund concerning the Soil and Groundwater Pollution Remediation Act

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The Soil and Groundwater Remediation Act was promulgated and enacted on February 2, 2000. Despite a big scale revision on February 3, 2010, the Act still has encountered various disputes and awkwardness in its practice. Furthermore, due to the increasing environmental consciousness in public, the President Office has effectuated reaching consensus on several environmental law topics through National Conference on Judicial Reform Matters. The Act of 2010 version has enacted for nearly 9 years, therefore the main purposes set in this Project are to conduct an overall discussion and revision on the Act, provide general legal consultation services on non-litigation matters and also assist competent authorities of all levels in dealing with legal ambiguities arising from the Act. In this Project the team has accomplished main working results as follows: 1.Completing 7 response sheets on legal matters and providing 8 legal opinions concerning the various legal questions presented by competent authorities of all levels. 2.Attending 2 meetings on polluted sites and providing consultation advices on some individual polluted sites, and further attending 12 discussion meetings with environmental engineering companies and Dr. Shian-Jang Chen, former U.S. EPA Superfund Remedial Project Manager for various topics concerning the polluted sites or the revision of this Act. 3.Drafting 5 reports on fee recovery plan relating to polluted sites, so as to facilitate the proceeding of claim affairs. 4.Collecting and analyzing information relating to the risk management mechanism in delisting polluted sites under CERCLA of the United States, also the identification of persons responsible for pollution and the claim preservation system on substitute performance of remediation action in United Kingdom and United States. 5.Organizing and holding 4 interior meetings inside the Environmental Protection Administration, 4 discussion meetings among special municipality, county and city environmental competent authorities. 6.Drafting an overall revised version on the Soil and Groundwater Remediation Act in combination of the theory and practice, and translating the revised Act from Chinese into English, among the revised Articles are those having consensus in National Conference on Judicial Reform Matters. 7.Holding 2 meetings to discuss the draft of revised Soil and Groundwater Remediation Act and a conference on the Act, administrative law and pertinent laws and regulations for the colleagues in environmental competent authorities of all levels, so as to enable them to get more familiar with the Act and aware of the future direction of its revision and thereby can resolve the problems that might be encountered in the practice. 8.Conducting digital compilation and editing of current laws and regulations relevant to this Act and completing the formulation of a specialized APP edition thereof. 9.Conducting 6 interpretation meetings on the Guidelines for determining the due diligence of a good land manager and this Act, so as to enable the public to realize and comply with such laws and regulations. 10.Submitting the audit list for the registration and inscription in SGM Fee Recovery System, facilitating the competent authorities to inspect the enforcement situation of those cases acquiring the support of expenditures from the Soil and Groundwater Remediation Fund. Finally, the team has presented suggestions on future goals from short, middle and long term perspectives.
Keyword
cost recvoery, Risk Management, Persons Responsible for Pollution, Windfall Lien
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