Waste Disposal Act｜第 28 條｜資源循環｜Act｜In Force
第 三 章｜環境部｜v1.0
Last Amended: 2017-06-14
The disposal of industrial waste, with the exception of that subject to reuse methods, shall be performed in accordance with the following methods: I.Self-clearance and disposal. II.Joint clearance and disposal: enterprises submit an application to the industry competent authority for permission for the establishment of a joint waste clearance and disposal organization to clear and dispose of the category of waste at issue. III.Commissioned clearance and disposal: A.Commission a public and private waste clearance and disposal organization that has received competent authority permission for the clearance and disposal of the category of waste at issue to perform clearance and disposal. B.Commission the enforcement authority to perform clearance and disposal after receiving enforcement authority’s consent. C.Commission a clearance and disposal facility installed by the industry competent authority itself or through its guidance to perform clearance and disposal. D.Commission a waste clearance and disposal facility installed by a public enterprise designated by the competent authority to perform clearance and disposal. E.Commission a clearance and disposal facility installed by a private organization that has signed an investment contract with the sponsoring authority pursuant to the Promotion of Private Participation in Infrastructure Projects Act to perform clearance and disposal. F.Commission a waste disposal facility of an enterprise receiving permission pursuant to the management regulations prescribed by Article 29, Paragraph 2 to perform disposal. IV.Other methods that receive central competent authority’s permission. Enterprises designated and officially announced by the central competent authority shall employ professional technical personnel; for the enterprises adopting self-clearance and disposal of their waste, the management regulations governing the conditions, permission, permission deadlines and cancellation of the clearance equipment and disposal facilities and other matters required to be complied with shall be enacted by the central competent authority in conjunction with the central industry competent authority The management regulations governing the conditions, classification, permission, permission deadlines, cancellation, hiring of professional technical personnel, operation, operational records of joint clearance and disposal organizations referred to in Paragraph 1, Subparagraph 2 and other matters required to be complied with shall be enacted by the central industry competent authority in conjunction with the central competent authority. The management regulations governing the hiring of professional technical personnel, operation, operational records of the waste clearance and disposal facilities set up through the guidance per Paragraph 1, Subparagraph 3, Item 3 and other matters required to be complied with shall be enacted by the central industry competent authority in consultation with relevant agencies. The management regulations governing the hiring of professional technical personnel, operation and operational records of the waste clearance and disposal facilities set up per Paragraph 1, Subparagraph 3, Item 4 and 5 and other matters required to be complied with shall be enacted by the central competent authority in consultation with relevant agencies. In the case that the enforcement authority is entrusted to clear and dispose of general industrial waste as referred to in Paragraph 1, Subparagraph 3, Item 2, it shall not accept the assignment until there is surplus disposal capacity left after disposing the following general waste. In addition, it shall collect fees in accordance with the industrial waste clearance and disposal fee standards enacted by the special municipality, country or city competent authority, and process the declaration in conjunction with the enterprise in question in accordance with Article 31, Paragraph 1, Subparagraph 2. The aforesaid “general waste” is as follows: I.Waste which falls in the area designated for clearance. II.Waste which is required to be disposed of through regional alliance or cross-region cooperation in accordance with Article 7 of this Act and Article 24-1 of the Local Government Act. III.Waste which is under the central competent authority’s arrangement for disposal. Facilities operated for the clearance and disposal of general waste or general industrial waste shall not simultaneously clear or dispose of hazardous industrial waste. Under the circumstances where the enforcement authority’s disposal of the general waste referred to in Paragraph 6, Subparagraph 1 and 2 is not affected, the central competent authority may dispatch existing waste clearance and disposal facilities if necessary, and such dispatch shall not be rejected upon request. The regulations governing the terms, methods, expenses of the dispatch referred to in the preceding paragraph and other matters to be complied with shall be enacted by the central competent authority.