EPA Renewable Resource Recovery Management Regulations

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=O0050072

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Article 1


These Regulations are determined pursuant to Article 15, Paragraph 4 of the Resource Recycling Act (herein referred to as "this Act").


Article 2


These Regulations are applicable to the following renewable resources.
1.Those recoverable renewable resources officially announced by the EPA pursuant to Article 15, Paragraph 3 of this Act
2.Those recoverable renewable resources for which an application has been made to the EPA and approved pursuant to Article 15, Paragraph 5 of this Act


Article 3


The EPA may draft official announcements on recoverable renewable resources in consideration of recyclable recovery economic and technical feasibility assessment reports submitted by a recovery industry competent authority, local competent authority, group, enterprise or individual (herein referred to as the "applicant").


Article 4


Economic and technical feasibility assessment reports in the foregoing article shall include the following content.
1.Relevant legal standards, including relevant environmental and product laws and regulations and renewable resource and resource recovery product quality standards
2.Current state and characteristics of domestic output of recoverable renewable resources, including renewable resource characteristics, output, distribution and uses
3.Current state of domestic and foreign recycling, including current state of foreign recycling, domestic recycling plant information and current recycling approaches and circumstances
4.Technical feasibility analysis, including an explanation of recovery technology and analysis of technical feasibility
5.Economic feasibility analysis, including an explanation of domestic demand for recoverable renewable resources and recyclable products, cost effectiveness and economic impact assessment
6.Analysis of factors influencing recycling, including recycling market assessment, recycler willingness to comply, possible impacts after official announcement and matters requiring interagency coordination
7.Conclusions and recommendations


Article 5


The EPA may invite applicants, relevant agencies, relevant enterprises and industry association representatives, experts and specialists to perform a preliminary review after receiving a economic and technical feasibility assessment report on renewable resource recovery. The applicant shall revise the assessment report in accordance with recommendations raised in the preliminary review, and shall then deliver the assessment report to the EPA for submission to the Renewable Resource Recycling Promotion Committee for deliberation. The EPA shall officially announce the items pursuant to Article 15, Paragraph 3 of these Regulations after the report has been deliberated and approved. After recoverable renewable resource items have been officially announced, the EPA shall regularly review, and revise or revoke such recoverable renewable resource items in accordance with the actual circumstances of implementation, economic and technical feasibility, and changes in factors influencing recycling.


Article 6


Recovery enterprises engaged in renewable resource recovery at a certain scale shall fill out an application form and submit it along with the following documents to the special municipality, county or city competent authority (herein referred to as "the competent authority") of the place of the recovery facility (plant) for registration.
1.Relevant company or commercial registration documents or relevant verification documents for the approval of establishment by the industry competent authority
2.Personal identification document of statutory responsible person
3.Recovery facility (plant) land ownership title, land registration (register) transcript and land parcel list; attach proof of land use zoning if in an urban planning district; attach land use letter of consent or verification documents for use approval or consent for application to register from a publicly-owned land management agency if the land is not self-owned.
4.Recoverable renewable resource items, recovery technology and methods, recovery capacity and derivative waste disposal methods
5.Other documents designated by the EPA
Recovery enterprises shall perform recovery work in accordance with the content of the registration in Subparagraph 4 of the foregoing paragraph, and may not engage in any unregistered matters. Apart from the application form which shall be the original, photocopies of all other documents for the recovery enterprise registration application may be submitted for review by the competent authority. The EPA shall separately determine the recovery enterprise scale in Paragraph 1.


Article 7


If the competent authority determines that a recovery enterprise must correct or supplement items after processing the registration application documents of said enterprise, the competent authority shall notify the recovery enterprise to supplement documents or make corrections within ten days of receiving the application. The competent authority may, when necessary, request the recovery enterprise to present original registration application documents for checking.


Article 8


A recovery enterprise shall perform registration changes in accordance with the following rules.
1.Those recovery enterprises seeking to change the name or address of their organization, or the name, residential address, or personal identification document number of their statutory responsible person shall submit verification documents for the changed items to the competent authority to perform the change of registration within 15 days after the change occurs.
2.The recovery enterprise shall implement changes to the content of any other registration documents in accordance with the registration application rules in these Regulations before such changes occur.
When a change in the foregoing paragraph results in a different competent authority, the recovery enterprise shall apply to the original registering competent authority, which shall make the transfer to the post-change competent authority after processing the application.


Article 9


The competent authority shall deliver compiled data for recovery enterprise registrations and registration changes from the previous month to the EPA for audit purposes before the fifth day of each month.


Article 10


Those recovery enterprises that have terminated or temporarily suspended operations for more than six months shall handle renewable resources that have not been fully recovered in accordance with the competent authority's instructions, the required expenses for which shall be born by the recovery enterprise. Renewable resources in the foregoing paragraph that cannot be recovered shall be handled pursuant to Article 19 of these Regulations.


Article 11


The special municipality, county or city bureau of environmental protection (herein referred to as the "enforcement authority") of the place of production shall recover renewable resources produced by households and other non-industrial users. However, the enforcement authority may commission a legally registered recovery enterprise to perform recovery after requesting and receiving approval from the higher competent authority. Enterprises shall themselves recover renewable resources they produce or commission a legally registered recovery enterprise to recover such renewable resources. However, those enterprises that have obtained the consent of the enforcement authority may commission another entity to recover such renewable resources.


Article 12


Recovery enterprises shall record and properly preserve for three years for auditing purposes recyclable recovery dates, types, names, quantities, uses, producer names, recovery routes, production and sales circumstances, and proof of derivative waste disposal. Recovery enterprises shall submit a written report of operating statistics for the previous quarter to the competent authority by the 15th of January, April, July and October every year. However, those recovery enterprises required to report online via the Internet as officially announced pursuant to these Regulations shall do so in accordance with regulations. The competent authority shall compile and deliver to the EPA for filing reported data and the situation of renewable resource recovery by the enforcement authorities before the end of every January, April, July and October.


Article 13


Vehicles and machinery when clearing and transporting recoverable renewable resources shall prevent the airborne dispersion, splashing or spillage of recoverable renewable resources, the diffusion of foul odors, explosions, and all other circumstances that may pollute the environment or endanger human health. Clearance and transport identification documents shall be carried in vehicles clearing and transporting recoverable renewable resources at all times. However, in those circumstances in which an official announcement has been made pursuant to Article 15, Paragraphs 3 and 5 of this Act and other regulations governing recoverable renewable resources approved by the EPA, clearance and transportation may be performed in accordance with such regulations. Different recoverable renewable resource items shall be cleared and transported separately unless other regulations and management methods for recoverable renewable resource items officially announced by the EPA or the content of an approved plan apply. Those clearing or transporting recoverable renewable resources shall immediately adopt emergency response measures when circumstances that may pollute the environment or endanger human health occur during the transport process, for which the EPA shall determine the relevant regulations.


Article 14


The storage of recoverable renewable resources shall comply with the following rules.
1.The operator shall keep the storage site, containers and facilities clean and in good condition. There may be no airborne release, fugitive emissions or leakage of material, no pollution of the ground surface, and no diffusion of foul odors.
2.Storage containers and facilities shall be compatible with the recoverable renewable resources they contain. Different recoverable renewable resources shall be stored separately.
3.In those circumstances in which it is necessary to stack recoverable renewable resources, the recoverable resources shall be stacked in separate areas; stack height shall not exceed five meters; aisles at least one meter in width shall be left between each area; and appropriate measures shall be taken to prevent falling or collapse of stacked recoverable renewable resources.
4.Other regulations and matters governing storage methods and management methods for recoverable renewable resource items officially announced by the EPA or the content of an approved plan shall apply.
"Compatibility" in Subparagraph 2 of the foregoing paragraph means that contact between the recoverable renewable resources and containers or facilities does not generate heat or cause a violent reaction, fire or explosion, or generate a flammable or hazardous fluid, or cause the containing materials to deteriorate and thereby reduce their pollution control effectiveness.


Article 15


Facilities used for the storage of recoverable recyclables shall comply with the following rules.
1.There shall be equipment or measures to prevent pollution of surface water bodies, groundwater bodies, air and soil.
2.The names of recoverable renewable resources shall be marked in Chinese in clearly-visible locations at the storage site and on containers and facilities.
3.There shall be necessary equipment or measures to prevent recoverable renewable resources from falling, spilling, leaking, releasing foul odors or influencing the environmental quality of the surrounding area.
4.A fence shall be installed around the storage site (plant).
5.Fire prevention equipment shall be installed at the storage site (plant).
6.Other regulations and matters governing storage facilities and management methods for recoverable renewable resource items officially announced by the EPA or the content of an approved plan shall apply.


Article 16


All facilities established by a recovery enterprise for the recovery of renewable resources shall comply with the following rules.
1.All facilities shall have a strong foundation structure.
2.Surfaces of the facilities that may come into contact with recoverable renewable resources shall be made of water impermeable materials; when necessary, they shall also be made of corrosion-resistant materials.
3.There must be pollution control facilities.
4.There must be fire and explosion prevention and alarm functions.
5.Other regulations and matters governing recovery facility standards and management methods for recoverable renewable resources officially announced by the EPA or the content of an approved plan shall apply.


Article 17


The competent authority shall handle those violations of Article 10, Article 12, Paragraph 1, or Articles 13 through 16 pursuant to Article 26, Paragraph 1, Subparagraph 4 of these Regulations.


Article 18


The central competent authority shall determine the format of relevant documents and verification and identification documents designated in these Regulations.


Article 19


These Regulations shall take effect on the date of promulgation.