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Waste Management Law and Policy in Taiwan: a Case Study in Comparative Environmental Law

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Waste Management Law and Policy in Taiwan: a Case Study in Comparative Environmental Law WASTE MANAGEMENT LAW AND POLICY IN TAIWAN: A CASE STUDY IN COMPARATIVE ENVIRONMENTAL LAW THE SCHOOL OF ORIENTAL AND AFRICAN STUDIES JOAN S. KUO 20 JANUARY 2005 ProQuest Number: 11010470 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010470 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Acknowledgements My utmost appreciation goes to my supervisor, Professor Michael Palmer, who has been extremely supportive and encouraging since I began my postgraduate studies in SOAS. The thesis could not have been completed without Professor Palmer’s supervision, patience, and guidance. I am greatly indebted to him. Any errors that remain are my own. During my course of studies at the SOAS Law Department, I have benefited from the help of the Professor Andrew Harding, and Dr. Wemer Menski. In addition, valuable input from other Taiwanese doctoral students in London and fellow research students at the Department have gave me academic and moral supports throughout the years. Moreover, invaluable input from Dr. Yeong-Ren Chen (Secretary General of Taiwan Environmental Protection Administration) has helped to strengthen the arguments of the thesis and provided many precious materials for the thesis. I would also like to thank all the interviewees during my field trip. They include Mr. Chun-lu Lin (Section Chief, Bureau of Performance Evaluation and Dispute Settlement), Mr. Kuen-shan Liu (Senior Staff Officer, Bureau of Solid Waste Control), Mr. Chun-Ping Sung (Director, Bureau of Water Quality Protection), Mr. Li-Der Lu (Editorial Writer, Executive Secretary, China Times), Mr. Chin-Hwei Jiang (Senior Chief, Taipei City Government, Waste Management Department), Mr. Shyh-Chueh Lu (Special Technician, Taipei City Government, Waste Management Department, Section Four), Mr. Alan Chen (Technical Specialist, Fuel Cycle and Materials Administration Atomic Energy Council) and other associated colleagues. Most important, I would like to dedicate this thesis to my beloved father and my dearest family, who have seen me through the long process of working on the PH.D. The thesis could not have completed without their love and great support. Table of Abbreviations The abbreviations, which I use in the text and in the footnotes, are mostly standards, but in order to avoid some possible points of confusion, I list the following: ADR Alternative Dispute Resolution AEADP Atomic Energy Application and Development Policy AEC Atomic Energy Council APEC Asia Pacific Economic Cooperation APCA Air Pollution Control Act APROC Asia Pacific Regional Operations Centre BATNEEC Best Available Techniques Not Entailing Excessive Cost BPEO Best Practicable Environmental Option CEPD Council for Economic Planning and Development CFCs Chlorofluorocarbons C02 Carbon Dioxide COM Communications of European Commission DoE Department of Environment DPP Democratic Progressive Party (Minjingdang) EC European Community ECJ European Court of Justice EEC European Economic Community EIA Environmental Impact Assessment EIIR Environmental Impact Investigation Report EIS Environmental Impact Statement EMS Environmental Management System EPA Environmental Protection Act FCCC Framework Convention on Climate Change FCMA Fuel Cycle and Materials Administration GDP Gross Domestic Product GMOs Genetically Modified Organisms GNP Gross National Product HWMS Hazardous Waste Measure Standard I&CWMS Industrial and Commercial Waste Storage, Clean-up and Disposal Treatment Methods and Facilities Standards IDB The Industrial Development Bureau INER Institute of Nuclear Energy Research IPC Integrated Pollution Control IPPC Integrated Pollution Prevention Control ISO International Organization for Standardization KMT Kuomingtang (the National Party) LLRW Low-level Radioactive Waste MEA Multilateral Environmental Agreement MOEA Ministry of Economic Affairs NBMD Nuclear Backend Management Department NCSD National Council for Sustainable Development NGO Non-Governmental Organisation NIMBY Not In My Back Yard NOD Nuclear Operation Department NP The New Party (Xindang) NPP Nuclear Power Plant N&RWM Nuclear Material and Radioactive Waste Management NTD* New Taiwan Dollar PEPB Provincial Environmental Protection Bureau PRC People’s Republic of China POPs Persistent Organic Pollutants PPG Planning Policy Guidance ROC Republic of China R&D Research and Development RWMP Radioactive Waste Management Policy SEA Single European Act TANs Technical Advice Notes TEPA Taiwan Environmental Protection Administration T&CPA Town & Country Planning Act TPC Taiwan Power Company UNCED The United Nations Conference on Environment and Development WCAs Waste Collection Authorities WCED World Commission on Environment and Development WDA 2001 Waste Disposal Act 2001 WDAs Waste Disposal Authorities WPCI Water Pollution Control Institute WRAs Waste Regulation Authorities WTO World Trade Organization * New Taiwan Dollar is the currency unit that is actually in use in Taiwan. The exchange rate is about NTD$56.9 against one pound sterling or NTD$34.7 against one US dollar. See The Economist, 31stMay - 6th June 2003, Vol. 367, No. 8326, p. 102. GLOSSARY OF CHINESE TERMS Appreciation of Goods Project 'fa ffil(hsi-fu ji-hua) Appropriate person in relation to the site tu-dih-guang-shi-ren(i ) Arbitration {zong-chai, tsair-jyue) ‘Clear and Clean Project 3c#it§ I'M an-jin( ji-hua ) Collective Funds 1=nS[ol A (tzy-yuan hui-shou goan-li ji-jin) Collective Organisation X tlt(gong-huey) Deep burial ( shen-di-chem chuh-jyh) Enterprise waste {shi-yeh fei-chi-wu) Four-In-Qne Recycling Programme K ' a (si-he-yi zi-yuan hui-shou ji-hua) General waste —J {i-ban fei-chi-wu) High-level radioactive waste (gau-fimg-she-singfei-chi-wu) Inspections (tzuoh-yeh jean-char) Light-water fission reactor?S7RI$0®3fr (ching-shui fan-ing-chihe) Litigation (shu-song) Low-level radioactive waste (di-fung-she-sing fei-chi-wu) Mediation (tyau-jie ortyau-chuh) Nuclear Backend Fund S t i f f s (her-neng how-duanyng-yunji-jin) Pilot Scheme {leh-seh buh-luoh-dih) Regulatory meetings HsM#|§t(kuan-chih huey-yih) Remediation B M lil (jzay tyau-chuh) Reviews (jih-huah sheen-char) Rites J1 (//) Self-help § (tzyh-lih jiow-jih) Settlement pqft? (her-jie) Sino-American Fund 4 1 (zhong-mei ji-jin) Soil pollution XStSSfctu-rang ( u-ran) The Development Fund of the Executive Yuan (xing-zhen-yuan ji-jin) The Taiwanese Law Society ^ R ^ S K a 'S I' (liuh-shy gong-huey) The number of the garbage bags ( shwei-dai jeng-sou) The Principle of Prevention u-ranyuh-famgyuan-tzer( ) The Polluter-Pays-Principle (u-ran-jerfuh-fey yuan-tzer) The Principle of Permit-Register-Report (her-far sheu-ker, bao-tswen jih-loh yuan-tzer) Very low-level radioactive waste (di-yu i-ban hwo-du huoh jong-liangyi-shiah fung-she-singfei-chi-wu) Waste (fei-chi-wu) Water classification ffeM/jcfl (dih-mian shui-ti) ABSTRACT The purpose of the thesis is twofold. First, the dissertation examines the state of waste management laws and regulations in Taiwan (the Republic of China). Secondly, it considers whether the waste management laws and regulations of England and Wales may serve as effective models for assisting Taiwan to develop a more comprehensive waste management law. This study is primarily focused on the legal and practical aspects of waste management laws and regulations in Taiwan, which for many years has been recognised as a significant problem Key areas of legal reform are argued to be the adoption of integrated pollution prevention control towards waste management, liability in relation to contaminated land, concerns regarding duty of care, and the development of an effective and fair system of dispute resolution for resolving environmental disputes. The thesis begins with an overview of the major developments in the waste management field in Taiwan. The current status of environmental protection and the relevant administrative framework will be considered. The thesis then discusses the implementation of environmental laws in Taiwan. Solid waste disposal management and pertinent pollution control will be carefully analysed. Subsequently, consideration is given to the issues of special problem of radioactive waste, dispute settlement and ‘sustainable development’ in Taiwan. A selective examination of the waste management laws and regulations of England and Wales that might provide inspiration for a more cohesive and integrated environmental protection regime in Taiwan are used as a basis to propose a number of law reforms. For instance, legislative measures for the remediation of contaminated land are suggested. The regime of duty of care is drawn upon to recommend the amendment of existing Taiwanese waste management laws to include a liability section. The integrated pollution prevention control system found in England and Wales is better than that provided by existing environmental legislation in Taiwan. The urgent need for legal development regarding the effective use of alternative dispute resolution to resolve environmental disputes in Taiwan. Further,
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