| 英文摘要 |
The study results of the Resource Recycling Act and industrial waste regulations are included as following five parts:
1)The promotion and revision of the draft Resource Recycling Act and related regulations
1.Completed revisions to the Resource Recycling Act Article 7 definitions, Article 8 recognition of products as waste, Article 11 regeneration product management, Article 18 additions the proper cleanup facility in industrial parks, Articles 74, 75 penalty for criminal punishments, and proposals for articles 105 and 106 regulations regarding the recovery of fees for illegal dumping and debt preservation.
2.Collected and analyzed worldwide laws regarding waste and by-products, to provide the suggestions to the revisions of the Waste Disposal Act. Included adding the waste definition and the recognition of products as waste. Besides, collected resource recycling laws and policies from EU, USA, and Japan. Analyzed the difference of above regulation with our national legal policy and provided the revision of suggestions.
3.Reviewed policy and statistical data to determine the most commonly applied statutes for policy planning and legal disputes by environmental protection and judicial agencies. Based on the most commonly cited statutes, drafted the following five proposals regarding the Resource Recycling regulations: (1) Direction for the collection and processing of overdue fees and bad debts in the industrial waste disposal fund (draft); (2) Standards for proper care by land owners, managers, or users (draft); (3) Direction for rewarding reports of Resource Recycling Act violations (draft); (4) Direction for the resolution and settlement of illegal waste dumping cases (draft); (5) Application process for provisional seizures in the recovery of illegal dumping mitigation fees (draft).
4.Reviewed and replied to the legislative office’s suggested revisions to the Waste Disposal Act articles 2, 14, 30, 31, and 39. Examined key court decisions, academic research, comparisons with other environmental regulations, and independent opinions on Waste Disposal Act article 46. Also reviewed the agency’s 1999 prosecution transfer directives, and completed the related legal framework.
2)Revision and measures of regulations on industrial waste cleanup and management, definition of hazardous industrial waste, and waste determination principle
1.Investigated the cleanup and reuse situation of sludge, arc furnace slag, and dust which the high-volume waste in Taiwan, and proposed appropriate policies.
2.Completed revisions of the “Methods and Facilities Standards for the Storage, Clearance and Disposal of Industrial Waste” in October 2015, in accordance with suggestions from the agency’s administrative units and the legal review committee. A total of eight articles were revised, including articles 2, 20, 27, 32, 34, 38, 39, and 42.
3.Drafted revisions to “Hazardous Waste Material Definitions.” After detail discussion with the agency, considered that the current definitions did not cause implementation difficulties, so there was no urgent need for revisions. Therefore the standard is not necessary to be changed at this time.
4.Completed a review of production and waste disposal practices in the PCB, LCD, solar cell, LED, and lithium battery manufacturing industries. Proposed revisions to regulations regarding two intermediate processing technologies of extraction and crystallization.
5.Revised “Waste Determine Principle (draft)” in accordance with EPA policy directives. Provided legal opinions regarding three court decisions from the Taichung High Administrative Court and one decision from the Kaohsiung High Administrative court. Based on the legal principles applied when the enforcement agency categorized certain products as waste materials, drafted a legal checklist for the recognizing products as waste.
3)Review of industrial waste management procedures, practices, and solutions
1.Analyzed the current enforcement and industrial practices for the washing of waste containers, and provided the management suggestions on the treatment plants and factories.
2.Collected the cases of applications for extended hazardous industrial waste storage companies and reviewed their cleanup situations after expiration. We suggested to maintain the current “ Methods and Facilities Standards for the Storage, Clearance and Disposal of Industrial Waste”, and proposed related management improvements.
3. Completed the draft “Hazardous Industrial Manufacturing Waste Exemption Handbook (draft),”to provide reference for industry applicants and government agencies in the exemption application and review process.
4)Legal analysis on Waste Disposal Act article 71 and related statutes
1.Provided legal opinion for the legal dispute where a government agency discovered illegal dumping at its land development site.
2.Suggested improvements to the administrative agency regarding the enforcement of priority regulations in Waste Disposal Act article 71 section 3.
3.Suggested improvements to the administrative agency regarding Waste Disposal Act article 71 provisional seizure rulings.
4.Provided legal opinion on Waste Disposal Act article 71 cleanup liabilities for multiple parties. Reviewed whether the responsible parties may be determined similarly to Civil Law article 292.
5)Collected public opinion and conducted discussions on behalf of the administration
1.Conducted 10 expert discussion panels and 2 enterprise consultative sessions.
2.In accordance with agency requirements, prepared documentation and presentations regarding the draft Resource Recycling Act for meetings on 2015/1/28, 2/3, 3/5, 4/30, and 9/16.
3.In accordance with agency requirements, conducted discussion panels regarding waste determine principle on 2015/1/28, 3/11, 3/26, 4/10, 6/3, 6/11, 6/16, and 7/8.
4.Assisted in replying to 30 queries regarding the Waste Disposal Act.
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