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更新日期:2024/10/06
目前位置:略過巡覽連結
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Pollution Dispute Handling Pipeline

Pollution Dispute Handling Pipeline Brief description: When a public nuisance dispute occurs, it can be handled through the following channels:
●Pipeline 1:The parties to the dispute can settle with the polluter.
●Channel 2:The parties to the dispute can apply to the township and city mediation committee for mediation.
●Channel 3:The parties to the dispute can resolve the dispute through civil litigation.
●Pipeline 4:The parties to the dispute may submit their complaints to the environmental protection bureaus of the municipal or county (city) governments.
(1) The local environmental protection bureau will send personnel to investigate and deal with the pollution and damage, and investigate and deal with whether the incident has caused casualties or property losses.
(2) If it is found that it has caused casualties or property damage, the local municipality, county (city) government will activate the "Emergency Relief Team for Pollution Disputes" to further investigate on-site pollution and damage, and notify the Environmental Protection Agency.
(3) If the result of the relief does not reach the mutual agreement, you can also apply for mediation, and if the mediation fails and it is a damages case, you can also apply for a ruling.
(4) The Environmental Protection Agency will supervise the municipal and county (city) governments to quickly conduct evidence collection and investigation and processing operations, while the Environmental Protection Agency (relevant business units) will provide the necessary support for local environmental protection bureaus for evidence collection and investigation operations.
● Pipeline 5: The parties to the dispute can apply to the municipal or county (city) government for mediation. If the mediation fails and it is a damage compensation incident, they can also apply for a ruling.

Workflow for mediation of public nuisance disputes

公害糾紛調處作業流程 Brief description:
●A party involved in a public nuisance dispute may apply for mediation to the municipal or county (city) mediation committee where the cause of the public nuisance dispute or the damage occurred.
(1) Those who apply for mediation due to damages are required to pay a written application fee of NT$3,000. The local public nuisance dispute mediation committee will set a mediation date within one month. If there is a reason for invalidity or revocation, it will be filed within 30 days after the delivery of the approved mediation letter.
(2) The establishment of the mediation will be approved by the competent court within seven days.
(3) If the mediation is unsuccessful, you can also apply for an adjudication. The application should be submitted to the original municipal, county (city) mediation committee within 14 days after the notification of the mediation failure.

Workflow of public nuisance dispute adjudication

公害糾紛裁決作業流程 Brief description:
●If the mediation between the two parties is unsuccessful, and it is a damage compensation event arising from a public nuisance dispute, the parties may apply for a ruling on the same event, and a written application fee of NT$3,000 must be paid.
●The award shall be served on the parties in the original within ten days after it is made.
●If the parties do not file a civil lawsuit in the court for the same event within 20 days after the original award is served, or the lawsuit is withdrawn, the parties shall be deemed to have reached an agreement in accordance with the award.
●If the award is agreed upon by the parties, the Judgment Committee shall submit the award to the competent court for review within seven days after the expiration of the period in the preceding paragraph.

Pollution Dispute Handling Procedure

公害糾紛紓處作業流程 Brief description:
When environmental pollution incidents lead to damage claims
●In the event of a major emergency pollution incident, the county and city governments will activate the emergency relief team for pollution disputes, and when there is a dispute over the verification of pollution and the assessment of health impacts, an expert group will be formed to review the evidence and clarify the facts. At the same time, it will carry out the work of resolving public nuisance disputes to assist both parties in reconciliation. If the two parties do not agree, they will guide the parties to apply for mediation.
●The mediation of public nuisance disputes will be carried out by the public nuisance dispute mediation committees of the county and city governments. If the mediation between the two parties is established, the mediation document will be sent to the court for review (notarization) within 7 days, and it can be enforced; Apply for an award (damages) or a civil action in court.
●The decision on public nuisance disputes will be adjudicated by the Environmental Protection Agency’s Public Pollution Dispute Adjudication Committee, and the verdict will be sent to the court for review. Failure to file a lawsuit within 20 days will be deemed an agreement and can be enforced; if the verdict is unsatisfactory, a civil lawsuit will be filed in the court.