| 英文摘要 |
The results of the Waste Disposal Act review and analysis project are presented in three parts:
I. In support of the amended Waste Disposal Act, assist the drafting and revisions of supporting regulations.
a. Support the Legislative Yuan for the amendment of the Waste Disposal Act by collecting and analyzing related international information and propose the following: (1) Consider extending the term limit for the regulatory agency to pursue no-fault liabilities, in order to preserve environmental justice; (2) Waste cleanup liability is assigned vertically (between the producer and entrusted agents), but should also be extended horizontally (amongst all downstream agents) as well; (3) The collection of illegal profits should be considered a non-punitive regulatory action, separate from punitive fines, in order to sufficiently punish illegal economic gains; (4) European courts have issued interpretations and benchmarks for the term “waste” under European Union directives, which may offer useful precedents for the local interpretation of the term “waste” under the Waste Disposal Act.
b. In support of the amendment process of the Waste Disposal Act, we reviewed the proposals of the drafted, revised, and deleted articles and suggest the following: (1) After the Waste Disposal Act is revised, the original liable party is still held responsible for any unfinished cleanup by their entrusted downstream agents, even if the regulatory agency affirms the original liable party had acted responsibly. This may place an undue burden on the original liable party, so the regulatory agency should carefully consider the proportionality principle in enforcement; (2) When enforcing violations of the Waste Disposal Act, the regulatory agency should not only consider the number of previous violations in determining the severity of the punishment; (3) When a responsible party is found guilty of illegal waste disposal, the responsible party shall be liable to pay the cleanup costs and illegal profits plus fines. We suggest the enforcement agency should first set a deadline for the responsible party to clean up or pay for cleanup of the waste, in accordance with Waste Disposal Act Article 71, and then subsequently consider how to best recover the illegal profits.
II. Research the applications of recycled resources under the Resource Recycling Act
a. Collected information related to the development of resource recycling and reuse in Germany, Japan, China, United States, and the European Union, including history, legislation, regulatory frameworks, and implementation efforts. Conducted comparative analysis on the various legislative models, liability structures, and economic effects of resource recycling policies. After review, we find the applicable conclusions include: (1) The government should lead the development of related regulations and policies; (2) Effective legislation promotes the development of resource recycling and reuse; (3) Invest in the development of resource recycling technology; (4) Develop a complete waste collection, recycling, reuse, and disposal ecosystem appropriate for the locality; (5) Utilize appropriate economic constraints and incentives in policy; (6) Clearly define roles of responsible parties, and expand the scope of the producers’ responsibilities; (7) Encourage public involvement, develop awareness of resource recycling and environmental protection issues.
b. Reviewed the potential improvements for resource recycling and reuse policies, we suggest the following: (1) Clarify the intent of “loss of original usefulness” and related provisions in the Resource Recycling Act Enforcement Rules; (2) Consider reducing the regulatory burden in Article 19 and Article 26 of the Resource Recycling Act; (3) Establish a central authority for the promotion of recycled resource usage to insure unity of purpose, in cooperation with public and private agencies.
c. Reviewed Resource Recycling Act Article 22 regarding the preferred purchase of environmentally preferable products and we suggest the following: (1) Strike certain sections regarding the public disclosure of products without environmental labeling; (2) Impose additional public disclosure requirements and increase the annual purchase budget percentage; (3) Clarify the criteria and standards for preferred purchasing products; (4) Applicably harmonize Government Purchasing Action Section 96 and Resource Recycling Act Section 22 by establishing a tiered rating system.(5) Establish environmentally friendly product labeling standards, and more strictly audit the quality sampling of environmentally preferable products.
III. Administrative Support
a. In support of the legislative amendment process, we conducted one public hearing, assisted with two research seminars, and conducted two expert opinion panels.
b. The project assisted with the reply of eight legal inquiries regarding the provisions of the Resource Recycling Act.
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