萬國法律事務所

The Water Pollution Control Act (WPCA) was amended on February 4, 2015. Because ASE Kaohsiung, a member of the ASE Group, one of the world’s largest providers of semiconductor manufacturing services, was caught discharging industrial wastewater, but only a fine of NT$ 3,000,000 was imposed as criminal sanction, the amendment to the WPCA increases the criminal penalty for discharging polluted water. If such a discharge results in death, the offender may be sentenced to life imprisonment or imprisonment for not less than seven years. In addition thereto, a fine of not more than NT$ 30,000,000 may be imposed.

If such a discharge results in serious physical injury, the offender may be sentenced to imprisonment for not less than three years but not more than ten years. In addition thereto, a fine of not more than NT$ 25,000,000 may be imposed.

If such a discharge results in sickness, the offender may be sentenced to imprisonment for not less than one year but not more than seven years. In addition thereto, a fine of not more than NT$ 20,000,000 may be imposed. If the offender is an employee, his/her employer or corporation may be also fined up to ten times the amount indicated above.

Moreover, if an enterprise commits a serious violation with respect to the regulations, it will not be eligible for tax incentives for a period of three years.

An employee offender can confess his/her crime in order to receive a reduced penalty or be eligible for exemption from punishment, and the offender’s employer cannot dismiss him/her or cut his/her wages because of such confession.

The amended WPCA also requires certain enterprises to disclose the pollutants, along with their concentrations and amounts, when they apply for permission to discharge wastewater or sewage. Even though some pollutants are not yet on the restricted list, the discharging enterprises must provide risk assessments and management plans to the authorities before they can obtain permission for discharge.

In addition, the amended WPCA allows the authorities to offer whistle-blowers a certain portion of the fine imposed as a reward and to retrieve illicit money from offenders. The authorities hope to be able to reduce incidences of polluting and advance public health by offering the incentives set forth in the new amendment.