Taiwan Legislature Passes Initial Review of Waste Disposal Act Amendment, Introducing Electronic Fencing and Stricter Penalties

(CNA, by reporters Lin Ching-yin and Tseng Yi-ning, Taipei, 18th) The Social Welfare and Environmental Hygiene Committee of the Legislative Yuan today passed the initial review of a draft amendment to the Waste Disposal Act. The amendment will bring new types of waste, such as renewable energy generation equipment, under management, introduce electronic fencing for technological law enforcement, increase criminal penalties for environmental damage, and advance the initiation of debt preservation procedures, allowing for applications to the administrative court for provisional attachment without providing collateral. Regarding the introduction of electronic fence monitoring, the reviewed articles stipulate that to track the flow of waste and prevent pollution incidents, competent authorities may, on their own or in coordination with relevant agencies, install or utilize surveillance camera systems and other technological tools to collect, process, and use data on roads or other public places where illegal waste disposal, backfilling, stacking, reuse, or treatment frequently occurs or is reasonably judged likely to occur. The passed articles, in addition to including waste generated from used renewable energy equipment as recyclable waste, also specify that to make the recycling responsibility chain more complete, the responsibility for recyclable waste will extend beyond manufacturers and importers to include sellers and manufacturers, importers, and sellers of raw materials. To reflect actual circulation and use, sellers must declare and pay fees based on their current sales volume. Considering the future decommissioning, retirement, and large-scale recycling needs of renewable energy equipment, the articles stipulate that operators of renewable energy facilities whose approval or equipment registration documents have been fully or partially revoked by the competent authority for the target industry must submit a recycling plan to the central competent authority. This plan must state whether they will build their own recycling chain or apply for subsidies under Article 18, Paragraph 4, and execute it after approval. To balance central coordination needs, local autonomy, facility operation contracts, and practical implementation flexibility, the articles stipulate that waste treatment facilities in municipalities or counties/cities that are subsidized by the central competent authority and built/operated under the Act for Promotion of Private Participation in Infrastructure Projects, if designated by the central competent authority, must reserve a certain percentage of their surplus capacity for the central competent authority's overall coordination. This must be specified in the委託 operation and investment contracts. Regarding penalties, the committee approved raising the maximum prison sentence for illegal disposal of industrial waste from the current 5 years to 7 years. If the illegal disposal occurs within an ecological or resource-recycling environmentally sensitive area announced by the central competent authority, the penalty will be increased by up to 1/2. The maximum fine for failing to clear general waste according to regulations will be raised from the current NT$6,000 to NT$100,000, with repeated fines for failure to improve. Violations such as failing to declare, use recycling marks or labels, or evading, obstructing, or refusing inspections or data provision will be fined between NT$60,000 and NT$300,000. The committee also passed the Executive Yuan's proposal to advance debt preservation procedures for illegal disposal cases, moving the point for applying for provisional attachment to the time of service of the written administrative disposition, and stipulating that multiple liable parties, company heads, or major shareholders bear joint and several liability. The reviewed articles also stipulate that the creditor's right for costs of substituted performance and emergency measures shall have priority over all other claims and mortgages and shall not be bound by the effect of a seizure prohibition order. This right of claim will be extinguished if not exercised within 10 years. Considering that this amendment involves significant changes to the management system and operational methods, the committee passed a two-year grace period for the new articles to take effect after promulgation. (Editor: Lin Hsing-meng) 1150518