| Legislative： |
1.Promulgated by the National Science Council of the Executive Yuan per Order Tai Huei Guei Zi No. 0910053664-1 on October 15, 2002
2.Amended by the National Science Council of the Executive Yuan per Order Tai Huei Guei Zi No. 0960048096 on September 17, 2007
3.Amended by the National Science Council of the Executive Yuan per Order Tai Huei Hsie Zi No. 1010019792A on April 2, 2012
4.Amended by the Ministry of Science and Technology per Order Tsan Zi No.1030077749A on October 30, 2014 |
| Content： |
Article 1
The Regulation is laid down in accordance with the provision of Paragraph 2 Article 39 of the Waste Disposal Act (hereinafter referred to as “the Act”).
Article 2
“Reuse” used hereunder shall have the meaning: industry takes action to reuse its industrial waste or dispatches it to a reuse organization for the use as raw material, material, fuel material, construction filling material, land reformation, land reclamation, land
filling or other uses as designated by the Ministry of Science and Technology (hereinafter referred to as “MOST”).
The reuse organization set forth in the preceding paragraph is limited to the industrial, business factory (plant) that has been registered with the government authority or legally waived from registration.
Article 3
Industries within the science park, which are categorized in the Paragraph 1 Article 31 of the Act, prior to reusing the waste at their own factories (plants), must have the industrial waste disposal plan examined and approved by the Science Park Bureau or its
branch (hereinafter referred to as “the Park Bureau or Branch”). Other industries which are not categorized can have the waste reused at their own factories (plants).
Should the nature of industrial waste be stable or the reusing technology be mature, the classification and managing method of which are to be announced by MOST, industries and the reuse organizations can apply the said managing method to reusing; provided
in the event that the reusing management or method has been either announced or permitted on a general case basis by other central government authorities, industries and the reuse organizations can reuse the industrial waste in accordance with such announcement
or permission.
If the use which is to be announced by MOST in the preceding paragraph is concern of pollution to the environment, the MOST may suspend the reuse, and shall dissolve after the cause eliminated.
In the event that the category and managing method of industrial waste do not belong to the announcement as set forth under the paragraph 2, permission from the Park Bureau or Branch must be obtained before the delivery to the reuse organization for reusing.
The term “permission” used in the preceding paragraph can be divided into individual case reusing permission and general case reusing permission.
Article 4
Application for individual case permission: ten copies of the application form shall be jointly submitted by industry and reuse organization to the Park Bureau or Branch.
The application mentioned in the preceding paragraph shall comprise of:
1. Basic information of industry and reuse organization
2. The submission of joint willingness by industry and reuse organization
3. The scheme of reusing operation
The scheme of reusing operation mentioned in the subparagraph 3 of the preceding paragraph shall comprise of:
1. Basic information of industrial waste
2. Plan of clearance
3. the scheme of reusing, which contains domestic/foreign achievement evidence showing the feasibility of reusing
4. Plan of pollution prevention
5. The quality control and plan for sale of reused products
6. Irregular manipulation plan
7. Emergency management plan
8. The evidence of exempting from conducting environmental impact assessment or which is approved
Article 5
Industry and the reuse organization, not having the domestic/foreign achievement evidence of reusing feasibility as set forth in the subparagraph 3 item 3 of the preceding article, could jointly submit experimental plan ten copies, with approval of the Park Bureau
or Branch carrying the reusing experimental plan out.
Industry and reuse organization shall submit the result of such experimental plan to the Park Bureau or Branch for approval within thirty (30) days following the expiration of the duration, which can be used as domestic achievements and to file the application pursuant
to the provision of the preceding article. If such result was out of approval, the matter produced during the experimental duration shall apply to the Article 28 or 39 of the Act.
The plan mentioned in the preceding paragraph shall comprise of:
1. Basic information of industry and reuse organization
2. The submission of joint willingness by industry and reuse organization
3. The scheme of reusing operation
The scheme of reusing operation mentioned in the subparagraph 3 of the preceding paragraph shall comprise of:
1. Basic information of industrial waste
2. Plan of clearance
3. The scheme of reusing, which contains quantities and period for the experiment and method of testing and monitoring
4. Plan of pollution prevention, which contains testing and monitoring methods of pollution emission
5. The quality control and plan for sale of reused products
6. Irregular manipulation plan
7. Emergency management plan
8. The evidence of exempting from conducting environmental impact assessment or which is approved
The result of such experimental plan in the paragraph 1 shall comprise of the record of operation, testing and monitoring provided in the experimental plan of the preceding paragraph that approved by the Park Bureau or Branch.
Article 6
Application for general case permission: ten copies of the application form shall be submitted by the reuse organizations to the Park Bureau or Branch.
The plan mentioned in the preceding paragraph shall comprise of:
1. Basic information of industry and reuse organization
2. The scheme of reusing operation
The scheme of reusing operation mentioned in the subparagraph 2 of the preceding paragraph shall comprise of:
1. Basic information of industrial waste
2. Plan of clearance
3. The scheme of reusing, which contains monthly statistic data of quantity that is accepted, reused and stored over twelve (12) months
4. Plan of pollution prevention
5. The quality control and plan for sale of reused products, which contains monthly statistic data of sale
6. Irregular manipulation plan
7. Emergency management plan
8. The evidence of exempting from conducting environmental impact assessment or which is approved
9. Evidence issued by the municipal or county (city) environmental protection authority located in the same boundary to the effect that within the year before the date of the application, it has not been punished by any environmental protection authority of infringing
provisions of administrative laws over five (5) times or referring to criminal sanction
The monthly statistic data mentioned in the subparagraph 3 and 5 and the evidence mentioned in the subparagraph 9 of the preceding paragraph are restricted to the same corporation. And if they are written in foreign language, the translation in Chinese that
is verified by an institution functioning abroad or an organization authorized by the Ministry of Foreign Affairs shall be submitted.
Article 7
Application form of this regulation are examined in their written forms, the content and information of which if found to be lacking, the Park Bureau or Branch shall, within ten (10) working days, notify the applicant to mend in a limited period. In the event that
no such mending is done within the limited period, the Park Bureau or Branch can dismiss the application.
After examining in accordance with the preceding paragraph, the Park Bureau or Branch may invite scholars, specialists and related government authority to conduct the substantial examination and go to the scene to carry out inspection if necessary. After such substantial
examination, failure to amend the scheme within the limited period after receiving such notification will entitle the Park Bureau or Branch to dismiss the application.
The total number of days of the limited periods mentioned in the preceding 2 paragraphs plus that for mending application may not exceed ninety (90) days.
Article 8
Permission document for individual case of reusing shall incorporate the following items:
1. Name, address, person in charge of the industry
2. Name, address, person in charge of the reuse organization
3. Source industry, category (code), name and use of the industrial reused waste
4. Quantity of such permitted reusing
5. Date of grant and duration permitted
6. Other items prescribed by the MOST
Article 9
Permission document for general case of reusing shall incorporate the following items:
1. Name, address, person in charge of the reuse organization
2. Industry, category (code), name and use of the industrial reused waste
3. Quantity of such permitted reusing
4. Date of grant and duration permitted
5. Other items prescribed by the MOST
Article 10
When granting the permission document of reusing, the Park Bureau or Branch shall also notify the central government authority, the municipal or county (city) government authority located in the same boundary of the industry and the reuse organization, and
the government authority governing the use of reusing.
Article 11
After obtaining the permission document of general case of reusing but prior to carrying out such reusing, the reuse organization shall enter into an agreement with the industry and submit, within thirty (30) days following the date of execution, such agreement
to the Park Bureau or Branch for reference, and also send copies to the central government authority, the municipal or county (city) government authority located in the same boundary of the industry and the reuse organization, and the government authority
governing
the use of reusing. When the agreement is modified, relieved or terminated, the above same procedure shall apply.
The agreement mentioned in the preceding paragraph shall incorporate the following items:
1. Category, nature and quantity of the industrial waste
2. The effective duration of the agreement
3. Method of handling the un-reused waste if the reuse organization fails to operate
Article 12
The duration permitted by the permission document granted in accordance with this Regulation shall limit within three (3) years.
Three (3) to six (6) months prior to the expiration of the duration, the industry or the reuse organization may apply for the extension of such duration with the Park Bureau or Branch, and each extension shall limit within three (3) years. In the event that
the application for such extension is not timely filed, the permission shall be extinct.
Article 13
Extension for individual case permission: ten copies of the extension application form shall be jointly submitted by industry and reuse organization to the Park Bureau or Branch.
The application mentioned in the preceding paragraph shall comprise of:
1. Basic information of industry and reuse organization
2. The submission of joint willingness by industry and reuse organization
3. The scheme of reusing operation, which comprise of basic information of industrial waste, plan of clearance, and the scheme of reusing
4. The records of reused products
5. Other items prescribed by the MOST
Extension for general case permission: in addition to the application mentioned in the preceding paragraph, evidence of not being punished by any environmental protection authority of infringing provisions of administrative laws over five (5) times or referring
to criminal sanction is needed, that is issued by the municipal or county (city)
environmental protection authority located in the same boundary to the effect within the year before the date of the application.
Article 14
After obtaining the permission document of individual or general case of reusing or the approval of experimental plan, industry and reuse organization shall reapply for a permit according to Article 4, 5 or 6 due to one of following items:
1. If the category, name, attribute or process of industrial waste changes
2. If the total amount of the actual reused industrial waste over the permitted quantity is to reach 10 percent
3. If the principle of reusing technology changes
Article 15
After obtaining the permission document of individual or general case of reusing or the approval of experimental plan, industry or reuse organization shall submit relevant information to the Park Bureau or Branch for approval due to one of following changes:
1. Permitted reusing quantity of each industry in individual case
2. Period for the experiment plan
3. Governing method or acceptable standard of industry waste fed into reuse organization
4. Storage capacity of industry waste fed into reuse organization
5. Procedures or facilities of reuse
6. Clean-up method of waste after reuse
7. Name, use and specification of products
8. Clean-up plan of waste without reuse if suspension or termination of business
9. Disposal plan of products and amount stored are over capacity
10. Timetable of reusing operation
11. Item, method or frequency of product analysis
Article 16
After obtaining the permission document of individual or general case of reusing or the approval of experimental plan, industry or reuse organization shall submit relevant information to the Park Bureau or Branch for reference within thirty (30) days after
the event in application due to one of following changes:
1. Name, address or person in charge of the industry or the reuse organization
2. Clearance method
3. Clearance organization or vehicle
4. Storage facility of industry waste fed into reuse organization
5. Method, facility or specification of pollution control
6. Storage method of products
7. Reduce quantity of such permitted reusing in general case of reusing
Article 17
Delivering the industrial waste to the reuse organization shall comply with the following methods by the industry or the reuse organization:
1. Self-clearance
2. Clearing by a lawful transport service authorized
3. Authorizing a licensed public or private waste clearance organizations to do so
Article 18
Before clearing waste or reusing, the industry shall establish agreement with reuse organization, legal transportation company, or public or private waste clearance organization with permit, and the contract shall be properly preserved for later check.
The agreement mentioned in the preceding paragraph shall comprise of:
1. Category, ingredient and quantity of the industrial waste
2. Clearance or reuse tools, methods, and equipment
3. The effective duration of the agreement
4. Disposal plan for waste that has not yet been cleared or reused of when the clearance or reuse organization cannot carry out operations for some reasons
Article 19
The industry shall record the date of delivering to the reuse organization, category, name, quantity, use and reuse organization.
The reuse organization shall record the date of reusing, category, name, quantity, use, industry and the disposal of remnant wastes.
Reuse organization shall record the sale afflux and quantity of products item-by-item
The report of the records in the preceding 3 paragraphs shall be properly maintained for at least three (3) years for inspection purpose. The report of the records in the paragraph 1 or 2 shall be made in accordance with the provisions of subparagraph 2 paragraph 1
Article 31 of the Act.
Article 20
The Park Bureau or Branch may dispatch personnel to track and check the reuse of industrial waste, and the industry and reuse organization shall provide relevant documents and illustrate cooperatively.
Article 21
Reuse organizations which are permitted that cease reuse work shall report to the Park Bureau or Branch for permit cancellation.
Organizations that temporarily self-suspend business for more than one month shall report to the Park Bureau or Branch within 15 days after the one month period ends.
When a reuse organization which is permitted has lost its ability to conduct operations or has not engaged in waste reuse operations for twelve (12) successive months, the Park Bureau or Branch may cancel its permits
Article 22
Upon the occurrence of one of the following events, the Park Bureau or Branch can cancel the permission:
1. The information and content that shall be submitted are inconsistent with the facts 2. Non-compliance with the permission document in conducting reusing
3. Failed to reapply for a permit according to Article 14
4. Failure to cure, within the limited period, the violation of Article 11, Article 15, Article 16, Article 19 or Article 20 during the permitted duration after receipt of such notice
5. When the reuse organization concurrently performs the task of clearing and disposing the waste, the items of reused waste is identical to the permitted items listed in the waste disposal permit or waste clean-up permit
6. Other violations, which are believed to be substantial by the central government authority or the government authority governing the use of reusing.
Reuse organizations that had their permits cancelled by the Park Bureau or Branch with the preceding article may not reapply for the said permit under the same or similar
organization name for three (3) years. Their person in charge may not reapply as person in charge for a reuse organization for three (3) years.
Reuse organizations that had their permits cancelled may not again engage in waste reuse operations from the day on which they receive written notification of such penalty.
But those that already received but not yet reused or what after reuse shall be cleared and disposed with the provisions of the Act.
Article 23
The Park Bureau or Branch can authorize relevant institutions to counsel the industry and the reuse organization in affairs regarding promoting the technology of reusing the industrial waste and technology transfer and assist the reuse organization to establish
the standards for the quality and technology of products.
Article 24
In the event that the industrial waste involves export and import, Article 38 of the Act shall be applied rather than this Regulation.
Article 25
These Regulations shall take effect on the date of promulgation. |