公民營廢棄物清除處理機構許可管理辦法

These Regulations are determined pursuant to Article 42 of the Waste Disposal Act (herein referred to as the Act).

1The term “public or private waste clearance and disposal organizations” used in these Regulations refers to the following two types of public or private organizations that engage in waste clearance and disposal:

2I. Waste clearance organizations (hereinafter referred to as clearance organizations) are organizations that clear waste under commission for disposal overseas or at disposal sites and plants designated by the said commissioning party.

3II. Waste disposal organizations (hereinafter referred to as disposal organizations) are organizations that dispose of waste under commission.

4The term waste clearance and disposal technicians (hereinafter referred to as clearance and disposal technicians) used in these Regulations refers to professional technical personnel who have obtained a clearance and disposal technician qualification certificate, are placed at clearance, disposal organizations, and engage in waste clearance and disposal operations.

5The term issuing authority used in these Regulations refers to the special municipality, county or city competent authority or an agency commissioned by the central competent authority that issues permits to public and private waste clearance and disposal organizations in Article 41, Paragraph 1 of the Act.

1Clearance organizations that have obtained a waste clearance permit (hereinafter referred to as clearance permit) from the issuing authority may begin to clear waste under commission.

2Disposal organizations that have obtained a waste disposal permit (hereinafter referred to as disposal permit) from the issuing authority may begin to dispose of waste under commission.

3Before establishing a waste disposal site or plant, disposal permit applicants shall apply through the approval documents for the establishment of such sites or plants (herein referred to as establishment approval documents) from the issuing authority.But existing plants or waste disposal facilities may apply for disposal permits afterconducting trial operation.

4Besides those that do not need to apply for factory establishment registration according to law, the existing plants mentioned in the preceding paragraph means before applying for disposal permits, they must have already obtained factory registration in accordance with relevant provisions, and have the same products, and also have a factory that is in actual operation.

1Those that apply for clearance permits shall apply to the issuing authority at the location of the organization.

2Those that apply for establishment approval documents or disposal permits shall apply to the issuing authority at the location of the disposal site or plant.

1After receiving the application of the preceding article, the issuing authority shall make a decision through a review concerning its approval or rejection within 60 days. When necessary, the review deadline may be extended by up to 60 days. However, the time period for the applicant to provide additional information per the review agency’s request shall be deducted.

2The applicant shall provide the additional and corrected information. If the information is not provided within the time frame requested by the issuing authority, or although the information is provided, but still incomplete, another deadline will be allotted. If the information is still incomplete or cannot be provided, the issuing authority may reject the application.

3Sanctions or other administrative actions shall be taken by the issuing authority upon the result of having heard all statements and investigated both the facts and evidences. The issuing authority shall determine the authenticity of the facts according to reasoning and the rules of experience, and inform the parties of its decision and reasoning.

1Regulations on the classification of the clearance organizations and hiring of professional technical personnel are as follows:

2I. Grade A organizations: Engage in the clearance of general waste, general industrial waste, and hazardous industrial waste. They shall hire two full-time clearance technicians of Grade B or above, of whom at least one is a Grade A clearance technician.

3II. Grade B organizations: Engage in the clearance of general waste and general industrial waste. They shall hire one full-time clearance technician of Grade B or above. Those with an approved maximum amount surpassing 5,000 metric tons per month shall hire two full-time clearance technicians of Grade B or above.

4III. Grade C organizations: Engage in the clearance of less than 900 metric tons of general waste and general industrial waste per month. They shall hire one full-time clearance technician of Grade C or above.

5Regulations on the classification of disposal organizations and hiring of professional technical personnel are as follows.

6I. Grade A Organizations: Engage in the disposal of general waste, general industrial waste, and hazardous industrial waste. They shall hire two full-time disposal technicians of Grade B or above, of whom at least one is a Grade A disposal technician.

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When the clearance or disposal organizations fill the position of professional technician, technician qualification certificates and position application shall be submitted to the competent authority of municipality or county and approved. Those that apply for application of the preceding paragraph shall be submitted application by network. However, the application has been consented by the competent authority of municipality or county, paper-based application may be submitted in lieu thereof.

1Those applying for the issuance of a clearance permit shall submit the following documents:

2I. Application form.

3II. Registration approval verification documents from a government agency.

4III. Personal identification document of the statutory responsible person.

5IV. Qualification certificates, insurance policy datasheet (detailed) of labor insurance coverage, employee identification and written permission to check labor insurance data for clearance or disposal technicians.

6V. Waste clearance equipment identification list and documentary proof of tool purchase (not applicable to organizations using ships or aircraft).

7VI. Storage site and transfer station land ownership title, land registration information, land parcel list, and establishment plan. If the land is not self-owned, attach the landowner’s or the management agency’s letter of consent to the use of the land (not applicable to organizations without storage sites or transfer stations).

8VII. The operating information of the taxiing, storage, and transshipment of clearance vehicles.

1Applying for the establishment approval documents for disposal organizations shall submit the following documents:

2I. Application form.

3II. Registration approval verification documents from a government agency

4III. Personal identification document of the statutory responsible person.

5IV. Waste disposal site land ownership title, land registration information and land parcel list. If the land is not self-owned, attach the landowner’s or the management agency’s letter of consent to the use of the land.

6V. Project planning statement.

7VI. Pollution control plan.

8VII. Waste treatment process (includes the treatment and emissions of the pollutants produced), equipments, and operating instructions.

9VIII. The planning of settings (including time, weight, vehicle no., vehicle records and preservation methods of drivers, and operations that ensure that modification records of later modifications are kept) of waste scale-weighing equipment (including weighbridge, electronic scales, hanging pounds, or other scales) at vehicle site entrances. Those that are unable to set scale equipment within the site may replace with a scale equipment of a neighboring same affiliated company or by a third-party notarized weighing unit to carry out the weighing.

1Those having obtained establishment approval documents from the issuing authority, shall, after having completed establishment or having met the proviso in Paragraph 3, Article 3, before applying for a disposal permit, send the trial operation plan to the issuing authority for review and approval, and, upon approval, conduct testing in accordance with the content in the approved plan.

2The trial operation plan from the preceding paragraph shall include the following contents:

3I. Method, procedures, and steps of trial operation.

4II. Waste types, sources, amount, and waste clearance and transportation plan during trial operation.

5III. Mass balance calculation methods.

6IV. Sampling, monitoring, and quality management plan.

7V. Emergency response measures.

8VI. Autonomic affidavit (shown in Attachment 1).

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1Those applying for the issuance of a disposal permit shall submit the following documents:

2I. Application form.

3II. Registration approval verification documents from a government agency.

4III. Personal identification document of the statutory responsible person.

5IV.Qualification certificates, insurance policy datasheet (detailed) of labor insurance coverage, employee identification and written permission to check labor insurance data for disposal technicians.

6V.Establishment approval documents. Those applying in accordance with the proviso in Paragraph 3, Article 3 shall submit the following documents:

7(1)Waste disposal site land ownership title, land registration information and land parcel list. If the land is not self-owned, attach the landowner’s or the management agency’s letter of consent to the use of the land.

8(2)Pollution control plan.

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For the application cases that have passed the environmental impact assessment review in accordance with regulations, the issuing authority may review the part not reviewed by the environmental impact assessment only in respect of its establishment approval documents or permit application and shall incorporate the conclusions of waste disposal and relevant pollution control in the environmental impact assessment review into the permit conditions.

1Items to be recorded for clearance permits are shown in Attachment 3.

2Items to be recorded for disposal permits are shown in Attachment 4.

1The validity period of the approval or permit for the establishment approval documents shall not exceed five years. The disposal permit, which is issued for the first time shall not be valid for more than 3 years.

2Those organizations that want to continue to conduct operations after the permit expires shall apply for an extension within 6 to 8 months prior to its expiry. The validity period of each extension shall be in accordance with the regulations in the preceding paragraph. However, the extension of establishment approval documents is limited to once.

3After receiving the application of the preceding paragraph, the issuing authority shall make a decision concerning its approval or rejection within 60 days. Under special circumstances, the review period may be extended by a maximum of 60 days. However, the time period for the applicant to provide additional information per the review agency’s request shall be deducted. If the application document fails to meet the regulations, or the additional and corrected information cannot be provided within the time frame requested by the issuing authority, or although the information is provided, but still incomplete, another deadline will be allotted. If the information is still incomplete or cannot be provided, the issuing authority shall reject the application before the permit expires.

4For those applying for an extension within 6 to 8 months before the permit expires,the issuing authority shall make a decision concerning its approval or rejection before the permit expires. When the issuing authority still hasn’t made a decision concerning the permit, the applicant shall still operate in accordance with the original permit from the time the permit expires until a decision is made by the issuing authority concerning the extension.

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1Those applying for the extension of establishment approval documents of disposal organizations shall submit the following documents:

2I.Application form.

3II.Registration approval verification documents from a government agency.

4III.Personal identification document of the statutory responsible person.

5IV.Original issued establishment approval document.

6V.Reasons for extension.

7VI.Autonomic affidavit (shown in Attachment 1).

8VII.Other documents designated by the issuing authority.

9Those applying for the extension of clearance or disposal permits shall submit the following documents:

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1Modifications of establishment approval documents or permit documents shall be handled according to the following regulations:

2I.If among the recorded items on the establishment approval documents or permits, the organization name or address, the name, address, or personal identification document number of the statutory responsible person is modified, the permit-holder shall submit a filled-out modification registration application form within 30 days after the modification along with the relevant verification documents to register the modification.

3II.When replacing disposal equipments or adding necessary auxiliary apparatuses, and the case does not involve the processes, waste types, quantities, and main equipments or apparatuses on the original permit, the organization shall report the information to the issuing authority for future reference. When necessary, the issuing authority may require trial operation before accepting the case for future reference.

4III.Other content modifications of establishment approval documents and permit documents that have already been reviewed and approved shall be handled according to the originally approved content before the modification, and modification registration application form and modified items shall be submitted to the issuing authority. The issuing authority may review and approve the modified parts.

5If any of the modifications in the preceding paragraph necessitates a change of the issuing authority, the application shall be filed with the original issuing authority, which will then transfer the application to the new issuing authority for processing in accordance with the designated procedures.

The application, modification, and extension of clearance, disposing permission of clearance permit, disposal permit, and disposal establishment approval documents shall be submitted application by network. However, the application has been consented by the issuing authority, paper-based written reports may be submitted in lieu thereof.

1When the issuing authority accepts applications, submissions, changes or extensions for clearance permits, establishment approval documents, trial operation plans, or disposal permits, the scope of its review shall not extend beyond the content of the applications, submission, changes, or extensions, and no obligations not explicitly defined by regulations shall be added in any form of disposition.

2If the issuing authority discovers that the issued permit (document), establishment approval documents, or approved trial operation plan contains writing errors, miscalculations, or other obvious errors that do not comply with this Act and relevant regulations, it may correct them at any time and notify the affected parties.

3When the issuing authority accepts the case mentioned in Paragraph 1, it shall conduct a procedural review of the completeness of the document and a substantive review of the reasonableness of the content. If it is determined that the information should be supplemented or corrected, the review opinions shall be provided on a one-time basis, and the content shall comply with the regulations stipulated in this Act related to matters such as application, submission, changes or extension. Except for review opinions revised due to the applicant's supplementary or corrected documents, subsequent notices requiring corrections within a time limit should not include review opinions that were not listed in the previous notice.

1Before applying for the issuance, change, or extension of a disposal permit or a clearance permit for the establishment of a storage site or transfer station, the applicant must first draw a schematic diagram of the pollutant flows regarding air, water, waste, toxic substances, and chemical substances of concern throughout the plant (site) and review it. This diagram should illustrate the flow of pollutants between different media and the relationships between various environmental protection permits (documents).

2If the application in the preceding paragraph involves the application, change, modification, or extension of other types of environmental protection permits (documents), these must be submitted in accordance with the respective environmental protection laws and regulations. However, this requirement does not apply to those who can provide supporting information demonstrating that such application, change, modification, or extension is not necessary.

3If the issuing authority confirms that there are applications, changes or extensions involving other types of environmental protection permits (documents) but have not been submitted at the same time, the issuing authority may continue to review in accordance with the provisions of these regulations and notify the applicant that they should submit applications, changes or extensions for other types of environmental protection permits (documents).

When the issuing authority accepts applications for the issuance, renewal, or reissuance of clearance permits and disposal permits, and upon review, finds them to be in compliance with regulations, it shall complete the production of the permits within fourteen days after approval and notify the applicant to pay the certificate fee and collect the permit.

Before moving disposal facilities disposal organizations with moveable waste disposal facilities shall ask in writing permission from the special municipality, county, or city competent authority of the disposal facilities’ location before and after moving and submit the reviewed and approved application documents as well as the pollution control plan. After gaining permission the facilities may be moved.

1Except those whom the proviso to Paragraph 1, Article 41 of this Act exempts from submission of public or private waste clearance and disposal organization permission documents, the clearance or disposal organization shall be handled in accordance with this Act, its related regulations, and the content of the application form which has passed review.

2Besides the consent reported by the issuing authority, clearance and disposal organizations shall perform the clearance and disposal themselves.

3The total amount of the actual monthly clearance and disposal volume of the organizations in the foregoing paragraph may exceed the permitted maximum for the said waste quantity by an allowable difference of 10 percent.

4The commission of waste clearance shall be operated by registered vehicles in permission documents of the clearance organization. However, the clearance can be complied by registered vehicles of other clearance organization with the approval of the issuing authority.

For the disposal organizations that output recycled products and derivative wastes, and when their storage capacity surpasses the cumulative quantity of output during the last six month, they shall temporarily stop accepting waste. However, those that have received consent from the issuing authority shall not be subject to this restriction.

1Clearance, disposal or cleaning organizations engaging in waste clearance and disposal services shall establish contracts in advance with commissioning parties, and shall preserve such contracts for three years for inspection by the competent authority. This restriction shall not apply, however, when an organization has been commissioned to clear and dispose of waste produced as a result of a natural disaster or emergency incident.

2A contract in the foregoing paragraph shall include an attached photocopy of a valid permit and state the following items:

3I.Waste type, code, characteristics, and quantity.

4II.Clearance or disposal tools, equipment, methods, frequency, and relevant sites.

5III.The contract period.

6IV.The final disposal location for waste from the disposal or clearance organization and the quantity of waste.

7V.Response measures if the organization cannot perform the contract for some reason or some other unforeseen incident occurs.

8VI.All associated matters assisted by commissioning parties in accordance with Paragraph 2, Article 30 of this Act. However, the commissioning parties not belonging to enterprise can be exempted.

1Clearance or disposal organizations shall report their operating records in accordance with the online transmission method announced in Subparagraph 2, Paragraph 1, Article 31 of this Act. Disposal organizations shall prepare daily quality control records and operating management records in accordance with the approved documents outlined by Subparagraph 9, Article 9 and Article 10 of this Act. These records shall be signed audits by professional technicians monthly.

2Clearance organizations shall keep the relevant records of the preceding paragraph at the locations that the issuing authority permits. Disposal organizations shall keep the relevant records of the preceding paragraph at the sites or plants registered on their permits.

3Clearance or disposal organizations shall keep the general waste and general industrial waste clearance or treatment records for 5 years, hazardous industrial waste for 7 years.

4The disposal organizations shall accommodate the competent authority or its contracted authority to have the access to review the recorded images. Additionally, when the recording system of disposal organizations breaks down or is unable to clearly show the contents, they shall report this to the issuing authority immediately and shall complete the repair within seven days. If the repair cannot be completed within 7 days, they shall submit a written report to the issuing authority for approval, and complete the repair in accordance within the period approved by the issuing authority.

The disposal organizations with the approval to operate shall publish its disposal fee schedule on the Management of Waste Clearance and Disposal Information System. Same applies when there is adjustment to the fee.

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Clearance, disposal or clean-up organizations shall mark the organization name, contact telephone number and permit number in a prominent place on its equipment, machinery and tools, facilities or disposal sites or plants.

1If the disposal organizations that are approved to operate produce recycled products, they shall conduct in accordance with the following regulations:

2I.Recycled products shall be labeled with the scope of use.

3II.Keep all the relevant records and certificates for following regulations：

4(1) Detailed record on retailed flow, customer, quantity and usage from recycled products.

5(2) If the recycled products were not sold directly to the end users, the competent authority shall request a record on the flow and quantity of the recycled products sold to the end users through other organizations.

6(3) The disposal organizations shall keep two of the above mentioned records or certificates at the site or plant which is registered on the permit, and keep all the relevant records and certificates for 3 years. If necessary, the competent authority could request the disposal organizations to submit all relevant records and certificates.

7III. The usage and quality of recycled products should meet the following regulations：

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1When clearance or disposal technicians hired by clearance, disposal or clean-up organizations are unable to carry out their work or resign, the said organizations shall conduct in accordance with the following:

2I.The designating Representative shall report to the issuing authority for reference within 15 days. Grade A disposal organizations shall designate a disposal technicians who has obtained a certificate in conformity of the same grade or above.

3II.The said organizations shall hire within 90 days another person that meets qualification regulations to take over the position. But Grade A clearance and disposal technicians who are in charge of hazardous industrial waste clearance and disposal work shall be replaced within 30 days. When additional technicians are hired the said organizations shall report to the issuing authority within 15 days for future reference. Clearance and disposal technicians may also themselves report to the issuing authority.

4Those that apply for application of the preceding paragraph shall be submitted application by network. However, the application has been consented by the competent authority of municipality or county, paper-based application may be submitted in lieu thereof.

The clearance or disposal organizations that cease waste clearance and disposal work by themselves, or did not apply for extension before the permit expires shall report to the issuing authority for permit cancellation. Organizations that temporarily suspend business for more than one month shall report the suspension of operations to the issuing authority within 15 days after the one month period ends.

1If one of the following circumstances applies to clearance or disposal organizations that engage in waste clearance and disposal operations, the issuing authority may cancel or revoke their permits:

2I.When an organization knowingly lists false information in its permit application documents or reporting documents, reports false information or keeps false records of its operations.

3II.When an organization has lost its ability to conduct operations.

4III.When an organization fails to handle and complete improvements by the expiration of the deadline in accordance with Article 6, Article 7, and from Article 16 to the preceding article.

5IV.When an organization fails to handle and complete improvements by the expiration of the deadline in accordance with the content of the application documents and the licensing items.

6V.When an organization has committed other violations of these Regulations that the competent authority has determined to be severe circumstances.

7Clearance or disposal organizations that had their permits revoked or cancelled may not reapply for the said permit under the same or similar organization name and the same tax ID number for five years. Their statutory responsible person may not reapply as statutory responsible person for a clearance or disposal organization for five years.

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When relevant documents specified in these Regulations are in a foreign language, the organization must attach a Chinese translation certified by an overseas embassy or representative office or by a domestic notary public. However, if the aforementioned documents are in English, those are exempt from attaching Chinese translation certified.

1Issuing authorities that have been commissioned by the central competent authority shall, when issuing permits or establishment approval documents, send a copy to the special municipality, county, or city competent authority where the said clearance organization or disposal site or plant is located.

2Regarding the regulations in Chapter 3 on the documents that need to be permitted, approved, kept for reference, sent in as copy, or submitted, clearance or disposal organizations that had their permits or establishment approval documents issued by an authority commissioned by the central competent authority shall send these documents separately both to the issuing authority and the special municipality, county, or city competent authority where the said clearance organization or disposal site or plant is located.

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Disposal organizations shall submit a post-closure restoration plan with the paragraph 2, article 41-3 of Methods and Facilities Standards for the Storage, Clearance and Disposal of Industrial Waste within the prescribed time limit. The application shall be approved by the issuing authority and included in the disposal permit document.

These Regulations shall take effect on the date of promulgation.