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Project on the Study of Legal Ambiguities and the Consultation of Cost Recovery concerning the Soil and Groundwater Pollution Remediation Act

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The main contents of work in this project include: analyzing the legal issues presented by the environmental agencies and providing legal opinions concerning thereto, so as to clarify the legal ambiguities and discrepancies and facilitate the enforcement of the Soil and Groundwater Pollution Remediation Act; drafting reports, as per EPA’s instructions, concerning the recovery plan of remediation costs incurred in the following contamination sites: (1) Farmland at Yung Hsin Section, Ta-Chia, Taichung County. (2) Huan-Lien Factory of Taiwan Cement Corporation. (3) An-Soon Factory of China Petroleum Chemical Corporation. (4) Farmland Pollution caused by Irrigation Channel; completing the guiding reports concerning the “Main Items in the Drafting of Engineering Contracts” and the “Guidelines in the issuance of fine tickets and enforcement of the Soil and Groundwater Pollution Remediation Act in response to the application of the Administrative Penalty Act”; assisting the environmental agencies in recovering the remediation costs reimbursed by the Fund for Remediation of Soil and Groundwater Pollution; collecting and compiling the contamination cases and the relevant laws and regulations of foreign countries, including the United States of America, the United Kingdom, Japan and Australia and providing legal analysis thereto as suggestions for the revision of our laws and regulations. In addition to the necessary assistance and substantial suggestions in the course of said revision, the team has also collected the precedents in court practice and made analysis thereto so that the environmental agencies may catch up with the opinions of the court. The project has further renewed the Q & A Manual concerning the legal practice of Remediation Act as per the collected precedents and relevant laws and regulations so that the local environmental agencies may refer thereto and solve the encountered problems in the enforcement of the Act.
Keyword
Soil and Groundwater Pollution Remediation Act, cost recovery, The Comprehensive Environmental Response , Compensation , and Liability Act(CERCLA)
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