交通事業廢棄物再利用管理辦法

This Regulations are enacted according to Paragraph 2 of Article 39 of Waste Disposal Act (the Act hereinafter).

1Definition:

21.Industry: refers to those whose supervisor designated as Ministry of Transportation and Communications (the Ministry hereinafter) by central responsible authority according to Paragraph 4 of Article 2 of the Act.

32.Reuse: refers to that operation self treats or sends to the recycling institutes to treat wastes into raw materials, admixture, materials, fuels, construction stuff, land improvement, or others approved by the Ministry.

43. Recycling institute: refers to agricultural, industrial and commercial factories (sites) that have been registered with government agencies or legally exempted from registration for collecting industrial waste to recycle.

Items stated in the Regulations may be authorized to affiliated institutes by the Ministry.

1Since the industrial waste clearance plan of the industry announced according to Paragraph 1 of Article 31 hereinbelow, is reviewed and approved by institutes authorized by governments of specially designated municipalities, county (city) governments, or central responsible authority of the Act, the industry is allowed for waste reuse in its factory (site).

2The industry not stated in previous paragraph may reuse wastes in its factory (site).

1Before the industry wastes are sent to recycling institutes for reuse, the clearance of such wastes shall be done by the industry or the recycling institute in the following manner:

21.self clearance

32.authorized to public or private clearance institutes qualified by clearance proof.

1The record of date, classification, title, amount, use, industry, recycling institute, recycling method, and treatment proof by industry and recycling institute for waste clearance and reuse shall be preserved.

2Relevant information such as the sales flow and quantity of reuse products and the inventory at the end of the previous month of the recycling institute shall be kept in operational records.

3The records mentioned in the previous two paragraphs shall be properly kept for three years for later check.

4The declaration of the records in the first paragraph, the industries and recycling institutes that are designated to apply internet transporting by central responsible authority of the Act shall be completed based on Subparagraph 2 of Paragraph 1 in Article 31 hereinbelow.

5Recycling institutes should take the initiative to report operational records in the second paragraph to the Industrial Waste Report and Management System of the central responsible authority on or before the 10th of each month.

6In the event that a failure of the related software or hardware facilities occurs during the reporting of the operational record prescribed in the second paragraph and affects its completion by the time specified in the preceding paragraph, a supplemental report shall be made within one day of the completion of the repairing.

1Waste reuse with some mature and largely applied technology may be conducted directly based on the classification and management listed in Schedule 1.

2Waste reuse may be conducted based on regulations set up by central competent authorities, or industrial waste reuse approved by central competent authorities may be conducted based on the content of management regulated by central competent authorities or based on the content described in the approved document.

3Those not listed in the classification and management described in the previous two paragraphs may be individually applied by co-work of recycling institutes for approval of the Ministry, then into legal reuse.

4The Ministry may suspend the reuse of the types and uses of industrial wastes listed in Schedule 1 of the First Paragraph if there is a risk of pollution of the environment; the reuse of such wastes may be resumed only when the cause of the pollution has eliminated.

1If a recycling institute receives waste from an industry and the source, the use of the waste for reuse, or the item of the reuse product, the equipment in the plant, or the storage of the reuse product does not comply with the management method or the content of the permit document in Schedule 1, or if the inventory of the reuse product exceeds the cumulative output of the previous six months, the Ministry or the enforcement agency of this Act may order the institute to stop collecting the waste.

2If a recycling institute sells reuse products and is qualified as a sales target for reuse products, or if the use of the reuse products does not comply with the management methods or the contents of the permit document in Schedule 1, the Ministry or the enforcement agency of this Act may order the institute to stop selling the reuse products.

3In the event that the Ministry or the enforcement agency of this Act requests that the collecting of waste into the plant or the sale of reuse products be stopped, it shall submit documents or explanatory information proving the improvement of the situation for the approval of the original sanctioning agency before the collecting of waste into the plant or the sale of reuse products can be resumed.

1For individually applied reuse, ten copies of reuse application form (as shown in Schedule 2) and plan shall be co-prepared by industry and recycling institute, and sent for approval of the Ministry.

2Reuse plan will include the followings:

31.Introductory data of waste.

42.Clearance method.

53.Reuse method.

64.Pollution control plan, such as clearance plan of waste remains after reuse.

75.Relevant proofs and domestic and oversea records targeting on reuse feasibility.

86.Marketing plan for reuse product.

97.Emergency management plan.

108.Others assigned by the Ministry.

1Industry and recycling institutes without any proof or domestic and oversea records mentioned as Subparagraph 5 of Paragraph 2 in previous article, may co-work to propose reuse application form (as shown in Schedule 3) and test plan for approval of the Ministry to implement testing. The test results may be files as domestic records for application provides in previous article.

2The test plan includes:

31.introductory data of waste, test amount, and test period.

42.technology theory, equipment, and facility in waste reuse.

53.methodology, process, and steps of test.

64.clearance and pollution control in reuse.

1For application form and plan of individual reuse program, judged as unqualified based on Article 8 through paper review, the applicant shall be informed to complement before designated due, or will be ejected without complement before due.

2After paper review in previous paragraph, the Ministry may invite 3 to 5 specialists and academics in relevant fields for physical review, and site survey if necessary, and notice the applicant to modify contents if any before designated due, or reject it if over due.

3Those qualified through reviews will be issued by the Ministry with certificate, and simultaneously informed to central responsible authority of the Act, responsible authority of waste reuse, and administrative units of specially designated municipal governments and county (city) government in municipality industry and recycling institute located.

1Certificate for individual reuse program shall state:

21.title, address, and representative of industry .

32.title, address, and representative of recycling institute.

43.classification (code), title, approved amount and use for reused industrial waste.

54.Issuance date and approval term.

65.others legally stated and designated by the Ministry.

7Any change for item 1 and 2 in previous paragraph shall be applied by operation or recycling institute within 15 days after shifted. For change of item 3, the original applicant shall apply for re-issuance of certificate according to Article 8.

1The approval term for individual reuse program is 5 years, allowable to prolong application for another 5 years within 3 to 6 months before fulfillment of the term according to Article 8.

2Application over due the designated term will be rejected by the Ministry.

1Certificate of individual reuse program by industry and recycling institute may be revoked by the Ministry due to one of followings:

21.Not follow approved document and plan in reuse.

32.Not coincident between record and fact.

43.Breach any requirement in paragraph 2 of Article 11 during approval term, and not improve within the term designated by the Ministry

54.Other illegal action considered serious by the Ministry, central responsible authority of the Act, or responsible authority of waste reuse

1Based on announcement of classification and management and individual reuse program, recycling institute shall settle down the contract with industry before waste reuse process, and send it to administrative unit of specially designated municipal government or country (city) government in municipality industry and recycling institute located, for check within 30 days after contract signing, and also informed to central responsible authority of the Act. The same for any change or termination of the contract.

2Contents of the contract mentioned in previous paragraph shall include:

31.classification, gradients, and amount of operation waste.

42.equipment, application, facility, and site in reuse.

53. Validity period.

64.when unable to proceed for any reasons, disposal for remain reuse wastes.

75.risk management to accidents.

The Ministry may authorize relevant authorities to assistant industry and recycling institutes for technology upgrade and transfer, and instruct recycling institutes to build reproduction quality and technique requirement.

Recycling bodies legally approved before the enforcement of the Regulations, may continue operation during the approval term, and reapply according to the Regulations before the expire.

Industrial waste involving in export and import is not applicable to the Regulations, and shall be proceeded based on Article 38 of the Act.

The application form stated in the Regulations shall be prepared by the Ministry.

The Regulations come into effect from the date of promulgation.