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英譯法規內容

法規名稱(Title) MANAGEMENT REGULATIONS FOR WASTE REUSE OF INDUSTRIES IN SCIENCE PARKS Ch
公發布日(Date) 2014.10.30
法規沿革(Legislative) (Promulgated by the National Science Council of the Executive Yuan per Order Tai Huei Guei Zi No. 0910053664-1 on October 15, 2002)
(Amended by the National Science Council of the Executive Yuan per Order Tai Huei Guei Zi No. 0960048096 on September 17, 2007)
(Amended by the National Science Council of the Executive Yuan per Order Tai Huei Hsie Zi No. 1010019792A on April 2, 2012)
(Amended by the Ministry of Science and Technology per Order Tsan Zi No.
1030077749A on October 30, 2014)
法規內文(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.