According to Article 63-1 Paragraph 2 of the Waste Disposal Act amended on 18 January 2017, if illgotten gains from violations surpass the maximum amount of the statutory fine, the penalty shall be aggregated within the scope of the ill-gotten gain and not be limited by the maximum of the statutory fine. Therefore, to help executing authorities determine and calculate the illegal gains obtained by violators, the EPA has formulated the draft of Determining and Calculating Illegal Gains Obtained from Waste Disposal Act Violations, pursuant to the Waste Disposal Act.
The draft of the regulations also includes: the types of illegal gains (such as active gains and passive gains), sources of data/information for calculating illegal gains, methods to determine the period for which illegal gains should be calculated, methods to calculate/estimate illegal gains, penalties for any involved violators who gained illegal benefits, etc. Meanwhile, executing authorities will be required to commission professional agencies for the calculation and estimation of illegal gains.
The EPA aims to deter deliberate violations of the Waste Disposal Act by punishing violators financially with fines and confiscating their illegal gains.
- Environmental Protection Administration, R.O.C.(Taiwan)