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英譯法規內容

法規名稱(Title) Regulation for the Administration of an Institution Jointly Handling and Disposal the Wastes in the Science Park Ch
公發布日(Date) 2018.12.06
法規沿革(Legislative) 1.Promulgated by the National Science Council of Executive Yuan per Order Fei No.0049539 on August 29, 2001
2.Amended by Ministry of Science and Technology per Order No.1070034868A on December 6, 2018
法規內文(Content)

Article 1     This Regulation is laid down in accordance with the provisions of paragraph 3 Article 28 of the Statute of Waste Material Clearing and number 21 paragraph 1 Article 6 of the Act for Establishment and Administration of Science Parks

Article 2   The special terms hereunder are defined as follows:

1."The wastes in the park" shall mean the general and the industrial' waste material produced by the Science Park enterprises and so determined according to Article 2 of the Statute of Waste Material Clearing.

2."Jointly Handling and Disposal Institution" shall mean the corporation which is established and jointly invested by the institutions that is set up in the Park and produces the waste material, or the corporation which the Park's institution uniting a specialized institution that has the capability to handle and dispose the wastes to join in through investment.

3."The Waste handling and disposal manager (hereinafter referred to as "the Handling and Disposal Manager")" shall mean the manager, who performs the task of handling and disposal the wastes, has acquired the qualified certificate of waste handling and disposal for the Level A and B issued by the Department of Environmental Protection of the Executive Yuan and is employed by the Jointly Handling and Disposal Institution.

Article 3     Prior to the establishment, the Jointly Handling and Disposal Institution must obtain the establishment permit from the Park Administration (hereinafter referred to as "the Administration"). After the establishment, the Jointly Handling and Disposal Institution shall apply for the issuance of a license for the management and operation of jointly handling and disposal. Only till then, can it start purging and managing the wastes.

Article 4   The Jointly Handling and Purging Institution shall meet the following conditions:

1.Actual capital amount is more than New Taiwan Dollars Fifty Million (50,000,000); the total amount invested by a specialized institution involved to perform the purging and managing waste material shall not be higher than fifty percent (50%).

2.Have one (1) full-time Purging Manager, at least two (2) Managing Managers.

3.The handling of non-hazardous industrial wastes must be done by the Purging and Managing Manager of Level A or B; the handling of hazardous industrial wastes must be done by the Level A Purging and Managing Manager. The scope of Jointly Handling and Managing Institution's business is purging and managing the Park's waste material in principle.

Article 5  The application for the permit to establish a Jointly Handling and Managing Institution shall enclose the following documents:

1.Application form

2.List of shareholders, the ratio of their investment and other relevant information

3.Manuals of the waste material purging facility and the configuration of machines and tools

4.Instructions for the specifications, functions and operational capacity of the waste managing facility

5.Explanation and description for the engineering plan

6.Plan of pollution prevention and monitoring

7.Illustration of operational management plan

8.Plan for the ultimate disposal method of wastes

Article 6  The application for the permit of operation, the Jointly Handling and Purging Institution must enclose the following documents:

1.Application form

2.Certificates of the Purging and Managing Manager

3.Detailed list of the waste purging facility and the info of clearing and transporting machines and tools or cars

4.Certificates or other documents showing the completion and acceptance of the waste managing facility

5.Examination report on the function of test-run

6.Monitoring report on the pollution prevention

7.Certificates or documents showing the ultimate whereabouts of the waste material

Article 7  The Administration when issuing the permit for the establishment of a Jointly Handling and Purging Institution and operation shall notify the environmental protection government authority such fact

Article 8 Jointly Handling and Purging Institution shall periodically report to the Administration the records of management, operation and inspection. The methods to report and maintain the same follow the example of the provisions of the Administering and Counseling the Public- or Civil-run Waste Material Purging and Managing Institution Law. The Administration can dispatch its staff to carry out the review, tracing and inspection of the preceding reported records. The Jointly Handling and Purging Institution shall cooperate to provide the relevant information.

Article 9   In the event that the content of permit acquired by Jointly Handling and Purging Institution has changed, the following rules shall be complied with:

1.With respect to such items incorporated in the content of permit as name of institution, address, name of person in charge, address, identification number, list of shareholders and the Purging and Managing Manger, the application for modification shall be filed with the Administration with relevant certificate or documentation enclosed within thirty (30) days after such change

2.With respect to the incorporated items in the content of approved application document and permit other than those mentioned in the aforesaid number 1, the application for modification shall be filed with the Administration with relevant certificate or documentation enclosed before such changes are made. After the examination and approval have been done, the changes can then be made.

Article 10  The Purging and Managing Manager when performing the task of jointly handling and purging shall be responsible for the management of purging and managing waste material of the Jointly Handling and Purging Institution that has employed the former. The Purging and Managing Manager shall also examine and sign the relevant documents for application designated by the Administration or Department of Environmental Protection.

Article 11 The vehicles of Jointly Handling and Purging Institution for clearing and transporting shall be dealt with in accordance with the Methods for Storing, Purging and Managing Enterprise's Waste Material and Standard Facility Regulation.

Article 12 In the event that the Jointly Handling and Purging Institution has one of the following events and is notified by the Administration to remedy it but fails to timely take remedy actions, the Administration can revoke, annul or modify the permit:

1.The business in operation is inconsistent with the content of permit

2.Storing, purging and managing the waste material violate the applicable law resulting in the pollution of environment.

3.Assigning the management of the business of purging and managing

4.The employed Purging and Managing Manager fails to work full-time in the institution

5.The reporting and maintaining the records of management and operation fails to comply with the provision of Article 8 of this Regulation or the content of such records are inconsistent with the fact.

6.Any other violation of the provisions of this Regulation if determined to be substantial by the Administration

Article 13  After the revocation or annulment of the permit, the Jointly Handling and Purging Institution's unfinished purging and managing tasks shall be purged and managed by other purging and managing institution lawfully authorized by the original shareholders within a limited period. The report on completion of such tasks shall be submitted to the Administration for examination and reference.

Article 14  In the event that the Jointly Handling and Purging Institution desires to terminate its business, it shall submit the plan of after-termination's purging and managing waste material originally authorized to the Administration for approval three (3) months prior to the termination.

Article 15  After the Jointly Handling and Purging Institution with permit for establishment has completed the installation of storage facility, it can temporarily start accepting and storing the Park's waste material upon the Administration's approval.

The total quantity for temporarily storing mentioned above is not allowed to exceed the six (6) months' handling capacity of that Jointly Handling and Purging Institution stated in the application, and the duration for such storing shall not exceed one (1) year. In the event that the permit for operation of jointly purging and managing has not yet been acquired, the Jointly Handling and Purging Institution can, by three (3) months prior to the expiration of the duration, submit the certificates or documents showing the progress of processing to the Administration and apply for an extension of temporarily storing; provided that such approval for extension must not exceed a period of one (1) year.

Article 16  This Regulation shall become effective as of the date of its promulgation.