環境保護專責單位或人員設置及管理辦法

These Regulations are hereby enacted pursuant to Paragraph 3, Article 33 of the Air Pollution Control Act, Paragraph 2, Article 21 of the Water Pollution Control Act, and Paragraph 2, Article 18 of the Toxic Chemical Substances Control Act.

1The environmental dedicated personnel (hereinafter referred to as dedicated personnel) mentioned in these Regulations can be split into the following three personnel types:

21.Dedicated air pollution control personnel;

32.Dedicated wastewater treatment personnel; and

43.Professional technical management personnel for manufacturing, using, storing, or transporting toxic chemical substances.

5The dedicated personnel in Subparagraphs 1 and 2 of the previous paragraph can be divided into Levels A and B; the dedicated personnel in Subparagraph 3 of the previous paragraph can be divided into Levels A, B, and C.

1Level A dedicated personnel shall have one of the following qualifications:

21.Those who have obtained a Technician Certificate from Taiwan in environmental engineering, chemical engineering, civil engineering, sanitary engineering, electrical engineering, mechanical engineering, hydraulic engineering, industrial safety, and industrial/mining health, and have undergone and passed training;

32.Those who have graduated from various graduate school departments in the colleges of science, engineering, agriculture, or medicine at a public or registered private university or independent college or at an overseas school at the university-level or independent college recognized by the Ministry of Education, and have undergone and passed training;

43.Those who have graduated from departments of environmental engineering, environmental sciences, public pollution control, or related departments at a public or registered private university or independent college or higher or at an overseas school at the university-level or independent college or higher recognized by the Ministry of Education, and have undergone and passed training;

54.Those who have graduated from departments of chemical engineering, civil engineering, electrical engineering, mechanical engineering, atmospheric sciences, atmospheric physics, public health, industrial/mining safety and health, chemistry, hydraulics, or related departments at a public or registered private university or independent college or higher or at an overseas school at the university-level or independent college or higher recognized by the Ministry of Education, and have at least one year of practical work experience in environmental protection management or operations of similar categories in premises managed and controlled by competent authorities and have documents of proof, and have undergone and passed training;

1Level B dedicated personnel shall have one of the following qualifications:

21.Those who have graduated from the disciplines (departments) of environmental engineering, environmental sciences, public pollution control, or related disciplines (departments) at a public or registered private college or higher or at an overseas school at the college-level or higher recognized by the Ministry of Education, and have undergone and passed training;

32.Those who have graduated from various departments in the colleges of science, engineering, agriculture, or medicine not belonging to those stated in the previous subparagraph at a public or registered private college or higher or at an overseas school at the college-level or higher recognized by the Ministry of Education, and have undergone and passed training;

43.Those who have graduated from engineering at a public or registered private industrial, agricultural, and fishery vocational high school or high school or higher, and have at least one year of practical work experience in environmental protection management or operations of similar categories in premises managed and controlled by competent authorities and have documents of proof, and have undergone and passed training;

54.Those who have graduated from a public or registered private high school, vocational high school, or higher, and have at least two years of practical work experience in environmental protection management or operations of similar categories in premises managed and controlled by competent authorities and have documents of proof, and have undergone and passed training;

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1Level C dedicated personnel shall have one of the following qualifications:

21.Those who have graduated from a public or registered private high school, vocational high school, or higher, and have undergone and passed training;

32.Those who have graduated from a middle school or junior high school or higher, and have at least two years of practical work experience in transporting chemicals and have documents of proof, and have undergone and passed training;

43.Those employees recommended by carriers who transport toxic chemical substances and have at least three years of practical work experience in transporting chemicals and have documents of proof, and have undergone and passed training;

54.Those who have obtained the certificate of professional training related to the transport of dangerous goods held by training units which are licensed by the Ministry of Transportation and Communications and have undergone and passed training; or

65.Those who have level A or level B dedicated personnel qualifications for toxic chemical substance manufacture, usage, and storage.

1The trainings mentioned in these Regulations are divided into three types, namely air pollution control, wastewater treatment, and toxic chemical substance management, and are handled separately; when necessary, they may be handled together.

2The training courses in the previous paragraph are respectively set by the central competent authority in accordance with the regulations on educational background and experience in the previous two articles.

1Those public or private premises, utilities, or sewage systems in one of the following situations shall set up an environmental protection dedicated unit (hereinafter referred to as dedicated unit):

21.The public or private premises that shall set up dedicated air pollution control unit as specified and announced by the central competent authority;

32.Those whose daily production of waste (sewage) water is at least 5,000 cubic meters; or

43.Those whose daily production of waste (sewage) water is at least 1,000 cubic meters and less than 5,000 cubic meters, and contains one of the following substances which exceeds effluent standards:

5(1)Lead;

6(2)Cadmium;

7(3)Mercury;

8(4)Arsenic;

9(5)Hexavalent chromium;

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1Dedicated units are divided into the following two types:

21.Dedicated air pollution control units; and

32.Dedicated waste (sewage) water treatment units.

4Within the same premise, different types of dedicated units may be set up in combination.

1Each type Of the he dedicated units set up in accordance with Article 7 shall consist of at least the following specified number of personnel:

21.One director;

32.At least one level A dedicated personnel; and

43.At least one level B dedicated personnel.

5The director in the previous paragraph shall have obtained a level A dedicated personnel certificate in said category.

6When the dedicated unit in Paragraph 1 is set up in combination, the director and dedicated personnel may be interlocked.

1The level and number of personnel set up for dedicated toxic chemical substance personnel shall be in accordance with the following provisions:

21.Those whose manufacture, usage, or storage amount of a single substance reach at least 10,000 metric tons at any time or those who reach at least 3,000,000 metric tons each year, said manufacture, usage, or storage site shall set up at least two dedicated personnel in said category, where one of them shall be a level A dedicated personnel;

32.Those whose manufacture, usage, or storage amount of a single substance reach at least 300 metric tons and less than 10,000 metric tons at any time or those who reach at least 90,000 metric tons and less than 3,000,000 metric tons each year, said manufacture, usage, or storage site shall set up one level A dedicated personnel;

43.Those whose manufacture, usage, or storage amount is less than 300 metric tons even above mass operation at any time, said manufacture, usage, or storage site shall set up one level B dedicated personnel; or

54.Besides those with delivery channels, those single transport of single substance whose transport of gas amount is at least 50 kilograms, of liquid amount is at least 100 kilograms, or of solid amount is at least 200 kilograms, the operator of said transport shall set up one level C dedicated personnel; and to fill in the name of said dedicated personnel and the name of the operator under which the personnel belongs on the form when declaring said toxic chemical substance transport.

6For the manufacture, usage, or storage site or the operator of the transport in the previous paragraph, those who comply with multiple provisions on the specifications of settings, the setting shall be in accordance with the highest level.

1Those who comply with one of the following provisions shall respectively set up level A dedicated personnel:

21.The public or private premises that shall set up level A dedicated air pollution control personnel as specified and announced by the central competent authority;

32.Those whose utilities or sewage systems have a daily production of waste (sewage) water that is at least 2,000 cubic meters and less than 5,000 cubic meters, or whose daily production is at least 200 cubic meters and less than 1,000 cubic meters and contains one of the substances listed in Subparagraph 3, Article 6, which exceeds effluent standards; or

43.The toxic chemical substance manufacture, usage, and storage sites shall be handled in accordance with the provisions of the previous article.

5The personnel in the previous paragraph may be interlocked by one person.

1Those who comply with one of the following provisions shall respectively set up level B dedicated personnel:

21.The public or private premises that shall set up level B dedicated air pollution control personnel as specified and announced by the central competent authority;

32.hose whose utilities or sewage systems have a daily production of waste (sewage) water that is at least 100 cubic meters and less than 2,000 cubic meters, or whose daily production is less than 200 cubic meters and contains one of the substances listed in Subparagraph 3, Article 6, which exceeds effluent standards;

43.Those whose utilities or sewage systems are entrusted for treatment or included in the sewage systems and have a daily production of waste (sewage) water that is at least 300 cubic meters, or whose daily production is at least 100 cubic meters and contains one of the substances listed in Subparagraph 3, Article 6, which exceeds effluent standards; or

54.The toxic chemical substance manufacture, usage, and storage sites shall be handled in accordance with the provisions of Article 9.

6The personnel in the previous paragraph may be interlocked by one person.

7For the utilities or sewage systems in Subparagraph 2, Paragraph 1, where their daily production of waste (sewage) water is at least 50 cubic meters and less than 100 cubic meters, those who have violated the Water Pollution Control Act and are deemed as being in severe circumstances by the central competent authority, where suspension of work or suspension of business is imposed, they shall set up level B dedicated wastewater treatment personnel when applying for resumption of work (business).

1Those whose public or private premises, utilities, or sewage systems that have been approved by competent authorities may have their entrusted operation institution assign persons with qualifications as the dedicated personnel; said personnel shall work full-time at the public or private premises, utilities, or sewage systems where the position is set.

2For the special purpose sewers of newly developed communities set up according to the Sewerage Law, those that serve no more than 500 households are not subject to the provisions of Article 11 in setting level B dedicated personnel.

3For two or more businesses that jointly set up waste (sewage) water treatment facility to jointly handle the waste (sewage) water, those who have been approved by the special municipality, county, or city competent authority may jointly set up dedicated units or personnel and are not subject to the restrictions of the provisions of Article 6, Article 10, and Article 11 on the respective settings.

4The specified number of personnel for the joint setting in the previous paragraph shall be handled in accordance with the provisions of Article 6, Article 10, and Article 11.

1When dedicated units or personnel shall be set up in accordance with these Regulations, the public or private premises, utilities, sewage systems or toxic chemical substance manufacture, usage, or storage sites or the operators of the transport shall apply and submit the dedicated personnel certificate of the same category, setting application form, and consent of inquiry on labor protection and health care information to the special municipality, county, or city competent authority for approval.

2When there are changes to the setting content of the units or personnel in the previous paragraph, the person in charge shall apply for change through the original application authority within 15 days after the event has occurred.

3When the dedicated personnel of the public or private premises, utilities, or sewage systems, for some reason, is not able to perform operations, the person in charge shall immediately appoint appropriate personnel to act as an agent; the acting period may not exceed three months. However, those who have reported to said competent authority for approval can extend the period to six months. If the acting period expires, qualified personnel of the same category and of at least the same level shall fill the vacancies, and the appointed agents and the persons filling the vacancies shall be approved by the competent authorities.

4When the dedicated personnel of the toxic chemical substance manufacture, usage, or storage sites or set by the operators of the transport, for some reason, is not able to perform operations, the person in charge shall appoint qualified dedicated toxic chemical substance personnel to act as an agent. The acting period for the inability, for some reason, to perform operations may not exceed six months.

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1The dedicated units or dedicated personnel of the various categories shall perform the following operations:

21.Air pollution control:

3(1)Collate and stipulate air pollution control facility and improvement plan and coordinate the implementation in related departments;

4(2)Supervise the normal operations of air pollution control facility and save related information;

5(3)Formulate and coordinate the implementation of emergency response measures of unexpected accidents;

6(4)Handle the application of the setting, change, and operation permits of stationary pollution sources and supervise the operations in accordance with the content of permit;

7(5)Supervise or carry out inspection and identification of exhaust pipes and circumferential discharge of air pollutants, analyze and save the test data, and declare the data of pollution sources; and

8(6)Other regulatory matters related to air pollution control.

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1For the dedicated personnel set to perform operations according to law, when necessary, the central competent authority may hold on-the-job training, the dedicated personnel may not refuse the training.

2Public or private premises, utilities, sewage systems, or toxic chemical substance manufacture, usage, or storage sites, or the operators of the transport may not refuse, evade, or interfere with their dedicated personnel in participating in the on- the-job training of dedicated personnel of the previous paragraph.

3Those dedicated personnel who are unable, for some reason, to participate in the on- the-job training of Paragraph 1 shall apply for delayed training through the central competent authority or their designated institutions with written statements of reasons before the reporting day.

The trainings in these Regulations are held by the central competent authority or their designated institutions and the training fees are collected with verification.

1One must pay the certificate fee to apply and receive, replace, or renew the certificate, and the fee is set by the central competent authority.

2The collection and payment of certificate fee in the previous paragraph is handled in accordance with the budget process.

The format of the certificate is set by the central competent authority.

1To apply and receive the various types of dedicated personnel certificate, one shall submit the application form and the documents of proof on educational background and experience as provided by Article 3 and Article 4 to the central competent authority to apply for the issue of certificate within three months from the day after having received notification of passing the training.

2For those who fail to apply for the issue of certificate within the period provided in the previous paragraph, when changes have been made to the training course or content that they originally participated in, they may only apply after making up and participating in the training of the changed parts and passing the training, and this is allowed only once.

the dedicated personnel set according to these Regulations for the public or private premises, utilities, sewage systems, toxic chemical substance manufacture, usage, or storage sites, or the operators of the transport shall be full-time workers.

The public or private premises, utilities, sewage systems, or toxic chemical substance manufacture, usage, or storage sites, or the operators of the transport may not hire dedicated personnel who perform the dedicated operations not at the premise or whose certificate has been revoked or canceled.

1For those in one of the following situations, the central competent authority shall revoke or cancel their dedicated personnel certificate:

21.Those who are in serious circumstances due to illegal or improper performance of operations, causing environmental pollution or harm to human health;

32.Those hired as dedicated personnel at different premises in different settings at the same time;

43.Those who let others use their name to be falsely set as dedicated personnel;

54.Those who obtained the certificate through fraudulent, coercive, or illegal methods;

65.Those who provided false or untrue documents of proof on educational background or experience;

76.Those who didn’t participate in the on-the-job training twice consecutively and who didn’t apply for delayed training through the central competent authority or their designated institutions in accordance with the provisions of Paragraph 3, Article 15;or

87.Those who are in serious circumstances due to other violations of the provisions in these Regulations or in laws and regulations related to environmental protection.

Those who have already received the toxic chemical substance professional technical management personnel certificate or have undergone training and passed yet haven’t applied and received the certificate before these Regulations have taken effect may apply for renewal or to receive the level A dedicated personnel certificate of said category in accordance with the provisions of these Regulations.

Those who have already received the dedicated air pollution control personnel or dedicated wastewater treatment personnel certificate before these Regulations have taken effect may be exempted from renewal of certificate in accordance with these Regulations.

The public or private premises as specified and announced by Subparagraph 1, Article 6; Subparagraph 1, Paragraph 1, Article 10; and Subparagraph 1, Paragraph 1, Article 11, shall apply to set up dedicated units or personnel to the local competent authority for approval within one year of said announcement.

1Operators who have already been manufacturing, using, storing, or transporting before the toxic chemical substances have been announced, the dedicated personnel of existing toxic chemical substance manufacture, usage, or storage sites, or operators of the transport set after the central competent authority has announced shall finish setting dedicated personnel in accordance with the provisions of Article 9 within the announced predetermined period.

2Those operators who have already transported toxic chemical substances before the amendment of these Regulations shall set up level C dedicated personnel in accordance with Subparagraph 4, Paragraph 1, Article 9, and shall complete the setting before July 1st, 2009.

These Regulations shall take effect from the date of promulgation.