Laws Information

法規資訊
Title: Organic Act of the Environmental Protection Administration, Executive Yuan
Am Date: 2002-01-30
Legislative History: Article 17-3 and revised Article 2, Article 3, Article 10, Article 14, Article 22, and Article 24 promulgated by Presidential Order Hua-Tzong (1) Yi No. 09100018780 on January 30, 2002.

Transaction

Amendment

Article 17-3
The EPA shall establish an Environmental Chief Inspection Team in order to strengthen oversight of implementation of environmental protection matters by special municipalities, counties, and cities; northern, central, and southern environmental inspection teams shall be established under the Chief Inspection Team.
The Environmental Chief Inspection Team shall have one commander with a rank of selected appointment, 12th grade; two deputy commanders with a rank of selected appointment, 11th grade; northern, central, and southern environmental inspection teams shall each have one team leader with a rank of selected appointment, 10th grade.
Personnel required by the Chief Inspection Team and regional inspection teams in the foregoing paragraph shall be assigned from within the staff specified in this Act.
Article 2
The EPA is responsible for the direction and supervision of special municipalities, counties or city environmental protection agencies implementing matters for which the EPA is the competent authority.

Article 3
If, with regard to matters under its authority, the EPA deems that an order or disciplinary action of a special municipality, county or city government violates laws or regulations or exceeds said government ’ s scope of authority, or that such a government has failed to enforce laws or regulations that must be enforced, the EPA may request the Executive Yuan to stop or rescind such an order or disciplinary action, or take appropriate action. In emergency circumstances, however, the EPA may issue an order to stop or rescind the order or disciplinary action, or take appropriate action prior to the result from such request.

Article 10
The Department of Supervision Management and Dispute Resolution shall be in charge of the following matters:
I. Matters concerning routine investigations and reporting of environmental protection matters.
II. Matters concerning the supervision of environmental protection matters implemented by special municipalities, counties, and cities.
III. Matters concerning the formulation of laws and regulations governing the assessment and handling of environmental protection disputes.
IV. Matters concerning assessment, handling, and appeal assistance with regard to major environmental protection disputes.
V. Matters concerning the tracking and evaluation of environmental protection incident handling.
VI. Matters concerning the review of environment pollution source controls.
VII. Other matters concerning the implementation and evaluation of environmental protection tasks, and dispute resolution.

Article 14
The EPA shall have one chief secretary, four or five technical superintendents, three or four counselors, and seven directors with a rank of selected appointment, 12th grade; seven deputy directors, with a rank of selected appointment, 11th grade; one director and 10 to 12 senior executive officers with a rank of selected appointment, 10th to 11th grade; 61 to 71 senior specialists, 15 to 19 specialists, and nine to 11 secretaries with a rank of recommended appointment, 8th to 9th grade, among whom 30 senior specialists, eight specialists, and five secretaries may bear responsibility for duties at the level of selected appointment, 10th to 11th grade; 51 to 55 section chiefs and 14 to 18 team leaders with a rank of recommended appointment, 9th grade; 22 to 24 executive officers, four to six analysts, two to four systems coordinators, and seven to 11 designers with a rank of recommended appointment, 7th to 9th grade; 14 to 15 technicians and 65 to 73 officers with a rank of designated appointment, 5th grade or recommended appointment, 6th to 7th grade; three to five controllers and 77 or 78 technical specialists with a rank of designated appointment, 4th to 5th grade, of whom two controllers and 39 technical specialists may bear responsibility for duties at the level of recommended appointment, 6th grade; seven or eight clerks with a rank of designated appointment, 3rd to 5th grade; 27 to 31 associate clerks with a rank of designated appointment, 1st to 3rd grade.
Of the staff in the foregoing paragraph, one senior executive officer, three secretaries, three senior specialists, two executive officers, six technicians, two officers, 14 technical specialists, two clerks, and four associate clerks shall be assigned to the EPA from among civil service personnel of the former Taiwan Provincial Government following the transfer of services; these positions shall not be filled if they become vacant.
Prior to the revision and implementation of this Act, when assistant clerks hired by the EPA and the Department of Environmental Protection of the former Taiwan Provincial Government in accordance with assistant clerk management regulations do not possess civil service personnel employment qualifications, such assistant clerks may fill any vacant associate clerk positions listed in Paragraph 1, and may be employed until the time they resign.

Article 22
The EPA may establish an environmental analysis laboratory, environmental research center, environmental protection personnel training center, or other environmental protection agencies; the organization of such agencies shall be determined in accordance with the law.

Article 24
The Executive Yuan shall determine the implementation date of this Act by means of executive order.
The Executive Yuan shall determine the implementation date of revised articles of this Act by means of executive order.