Waste Disposal Act Article 71

Where the special municipality, county or city competent authority or enforcement authority discovers waste that has been cleared or disposed of in violation of applicable regulations, it may issue a written order requiring any of the following obligated persons to complete waste clearance, disposal, and environmental improvement within a specified period:I. Enterprises.II. Persons entrusted to clear or dispose of waste.III. Agents for the illegal clearance or disposal of waste.IV. Landowners, administrators, or users who permit, or through gross negligence cause waste to be illegally backfilled or piled on their land.Such written order shall specify therein that substituted performance for such clearance, disposal, and environmental improvement (hereinafter referred to as “substituted performance”) will be undertaken in the event of noncompliance within the prescribed period, together with the estimated amount of substituted performance costs. Where necessary, the competent authority or enforcement authority may additionally order, in writing and within a specified period, the obligated person to submit a remediation plan and implement such plan in accordance with the schedule and contents approved by the special municipality, county or city competent authority or enforcement authority, and shall specify therein the relevant matters concerning failure to comply within the prescribed period.To avoid the occurrence of pollution hazards or prevent the expansion of pollution, the special municipality, county or city competent authority or enforcement authority may, prior to issuing the administrative disposition referred to in the preceding paragraph, directly adopt emergency response measures. The necessary expenses arising from sampling, testing, clearance, disposal, and other related actions may be imposed on the obligated person by written order.After service of the written administrative dispositions referred to in the preceding two paragraphs, the special municipality, county or city competent authority or enforcement authority may apply to the administrative court for provisional attachment without providing collateral. After provisional attachment has been implemented, the special municipality, county or city competent authority or enforcement authority shall lift such preservative measures under any of the following circumstances:I. The obligated person has independently provided, or caused a third party to provide, adequate security.II. The obligated person has completed waste clearance, disposal, and environmental improvement, or has implemented the approved remediation plan to a certain extent.Under any of the following circumstances, the special municipality, county or city competent authority or enforcement authority may directly undertake substituted performance:I. The obligated person lacks the willingness or capability to undertake such actions.II. The obligated person fails to complete waste clearance, disposal, and environmental improvement within the period prescribed pursuant to Paragraph 1, or fails to submit a remediation plan within the prescribed period.III. The submitted remediation plan fails to comply with applicable requirements or contains deficiencies, and the obligated person fails to make supplements or corrections within the prescribed period after being notified to do so by the special municipality, county or city competent authority or enforcement authority, or the supplemented or corrected submission still fails to comply with applicable requirements.IV. The obligated person fails to implement the remediation plan in accordance with the schedule and contents approved by the special municipality, county or city competent authority or enforcement authority.The regulations governing the estimation of substituted performance costs referred to in Paragraphs 1, 2, and the preceding paragraph; the scope of necessary expenses for emergency response measures; the format, required particulars, supporting documents, supplements or corrections, review, approval, revocation, and administration of remediation plans; the standards governing the exercise of discretion for applications for provisional attachment under Paragraph 3; the methods and amount of security; the determination of completion of waste clearance, disposal, and environmental improvement or implementation of an approved remediation plan to a certain extent; and other compliance matters shall be prescribed by the central competent authority.