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Project of Providing Services on Law Amendment and Legal Consultation relating to the Soil and Groundwater Pollution Remediation Act, 2019-2020

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The Soil and Groundwater Remediation Act (hereinafter referred to as SGRA) 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 more than 9 years, therefore the main purposes set in this Project are to conduct an overall discussion and revision on the Act, to provide specialized legal consultation services and to assist competent authorities of all levels in dealing with legal ambiguities arising from the Act Inpractice. In this Project the team has accomplished main working results as follows: 1.Reviewing 4 administrative dispositions and related documents and providing 29 legal opinions concerning the various legal questions presented by competent authorities of all levels. 2.Attending 7 meetings on polluted sites and providing consultation advices on 5 polluted sites: Xiangshan Industrial Zone at Hsinchu City、Ansoon Plant of CPDC at Tainan City、polluted site at Taoyuan City and , and polluted site at Kaohsiung City participating the meetings in collabaration with ERI Co. Ltd. to optimize the SGM’s user interface.. 3.Drafting 1 report on fee recovery plan relating to polluted site, so as to facilitate the proceeding of claim affairs. 4.Collecting and analyzing information of the following U.S. polluted sites: Dupont Pompton Lakes Factory, Tesoro Golden Eagle Refinery and Modesto ground water contamination site, and using such information to make synopsis of the differences between CERCLA and RCRA, to compare with SGRA and to propose specific amendments to SGRA. 5.Maintaining and updating the versions of SGRA and related regulations on mobile device, to make sure that users can search the latest and most complete SGRA regulations at any time. 6.Holding 4 conferences on explaining “The guidelines for ascertaining due diligence of interested party as a good manager of the polluted land” and related SGRA regulations, to enable people to understand and comply with relevant laws and regulations. 7.Revising and proposing the final draft of the Operation Manual for Fee Recovery of “Soil and Groundwater Pollution Remediation Fund”(hereinafter referred to as SGPRF), and facilitating the working out of a mobile device version. 8.Assisting the promotion of fee recovery plan in accordance with the implementation of the SGPRF and the time sequence of the scheduled fee recovery plan, and proposing the goal of fee recovery and its double-check in 2019 and 2020, and giving professional legal assistance to meet the needs of local environmental protection bureaus.
Keyword
the Soil and Groundwater Pollution Remediation Act、Amendment、Legal Consultation、Claim
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