An amendment was announced to Paragraph 1 Article 30 of the Waste Disposal Act on 18 January 2017. It largely increased collateral responsibilities for the proper disposal of waste. In the event that a commissioned agency has not properly disposed of waste, and the commissioning enterprise has not exercised full responsibility, both entities will be held responsible for waste disposal and cleaning up the environment.
The EPA has set the Regulations for Determining Due Responsibility of Commissioning Enterprises in Waste Disposal based on the authorization of the Waste Disposal Act. The Regulations are for the benefit of enterprises to understand the standards and steps for commissioning an agency to dispose of waste. They also provide guidelines for special municipality, county, and city competent authorities for determining whether an enterprise has exercised due responsibility.
The regulations clearly outline required control measures, for both enterprises with mandatory placement of technicians and those with nonmandatory ones, when commissioning an agency to dispose of waste. They include policies wherein a business must commission the assistance of relevant industry associations, academic associations, specialized technicians, professional engineers, or legal entities. Upon completing waste disposal procedures, a commissioned agency is contractually obliged to provide documentation proving that appropriate disposal was carried out. When disposing of the waste listed in Table 2, the commissioned agency must cooperate with the commissioning enterprise disposal inspections.
The regulations include nine articles. Other than providing the legal basis, the key points are listed below:
1. Control measures for enterprises with mandatory placement of professional waste disposal personnel, as stipulated by the Waste Disposal Act, Article 18, Paragraph 2, when commissioning an agency to dispose of waste.
2. Control measures for enterprises not required by the EPA to have mandatory placement of professional waste disposal personnel when commissioning an agency to dispose of waste.
3. Measures and scales for enterprises to commission relevant industrial associations, academic associations, specialized technicians, professional engineers, or legal entities.
4. An enterprise is required to request the industry association to which it belongs to initiate a joint inspection of the disposal or reuse agency commissioned. The result shall be made available to members of the association for reference.
5. Responsibilities of enterprises and relevant authorities to provide documentation to determine due diligence, and authorities to determine whether agencies fail to properly dispose of waste in cross jurisdiction cases.
6. Special municipality, county, and city competent authorities are to hold hearings when determining due diligence.
7. Obligation of enterprises to assist in investigations. Special municipality, county, and city competent authorities are required to assess the distribution, scope and amount of improperly disposed waste.
The EPA stressed that if enterprises focus more on disposal and treatment procedures for the waste they produce, this can lower the chance of inappropriate waste disposal while preserving the environment, and facilitate more efficient resource life cycles.
- Environmental Protection Administration, R.O.C.(Taiwan)