Taiwan 2002

		Environmental Protection
		Noise Pollution The Noise Control Act 噪音管制法 was promulgated in 1983 and later amended in 1992. Regrettably, noise pollution controls have not kept pace with the evolution of living quality in Taiwan over the past decade. In response, the EPA added a number of regulatory articles to address recent societal changes. The proposed amendments shift responsibility for the subsidy, distribution, and administration of the aircraft noise control fee to competent aviation authorities while relegating environmental agencies to the delineation of aircraft noise prevention zones. In terms of work site controls, the EPA has expanded the scope of control from "Work sites, construction and equipment" to encompass all site types. Additionally, noise control standards have been defined according to type of work site, nature of the noise, control areas, and control periods. The draft amendments have also taken into consideration noises that disturb the peace. In addition to setting controls on the activities that generate such noises, the amendments also target sources of low-frequency or temporary noises, such as air coolers and air conditioning systems. Even though such noises may be low in volume, they still impart discomfort, and therefore the amendments have brought such noises under their scope of control. Also worth noting are changes that have been made to noise pollution inspection procedures. Because noises are ephemeral also, and because noise levels are often reduced when pollution inspectors arrive, 70 percent of noise complaints cannot be appropriately verified. This has posed a great deal of difficulty in the inspection and prosecution of violators. The new amendments address this by allowing inspection personnel to order facilities suspected of generating noise pollution to turn on the equipment in question while inspectors are present. Should the Legislative Yuan pass these amendments, this new approach would become the basis for future inspections and penalization. The ROC Executive Yuan has approved the third amendment draft of the Noise Control Act. The revisions to this act would not only strengthen controls on all types of sites, but also limit the noise generation in residential areas. The draft amendment has already been submitted to the Legislative Yuan for review. Environmental Nuisance Complaints In 2000, environmental protection agencies in the Taiwan area registered 102,200 environmental nuisance complaints, mostly concerning waste disposal. The public has not only become increasingly intolerant of companies that do not offer environmentally friendly products or services, but has also become more willing to do something about pollution control now that the government has set up channels for handling complaints and resolving disputes. The Public Nuisance Dispute Settlement Law 公害糾紛處理法, which was promulgated in February 1992 and whose enforcement rules were announced in February 1993, was amended in January 2000. This legislation provides a legal basis for the Public Nuisance Arbitration Panel 公害糾紛裁決委員會 under the EPA and all of the subordinate public nuisance mediation committees 公害糾紛調處委員會 in every city and county in the Taiwan area. These committees are open for public participation and usually consist of academic and environmental specialists to insure objectivity. Decisions reached by the mediation committees and/or the EPA's arbitration panel are reviewed by the courts, and thus carry the weight of legal judgments. Yearly Tabulation of Selected Environmental Nuisance Complaint Categories   Waste Disposal Noise Air Pollution Noxious Odors Total* Complaints 1991 31,322 15,726 12,966 3,814 67,438 1992 29,805 20,328 16,916 5,603 77,547 1993 32,319 19,165 18,676 8,186 84,273 1994 34,855 20,265 12,957 10,049 86,517 1995 52,462 21,149 12,277 11,950 117,788 1996 51,557 19,432 10,962 12,655 114,431 1997 43,015 20,546 12,454 13,072 95,711 1998 31,702 19,343 14,575 14,309 85,768 1999 32,135 22,036 14,411 19,657 93,555 2000 32,875 26,158 11,091 24,087 102,200 *Includes categories not listed Source: Environmental Protection Administration Copyright (C) July 2002, Government Information Office.   All rights reserved.   Site design by L.F. Lee Best viewed with Netscape 4.x or IE 5.x (medium font) at 800 x 600 True Color (32 bit) resolution