Project on the Explanation and Discussion concerning Land Management Provisions for Interested Parti
The Soil and Groundwater Pollution Remediation Act (hereinafter referred to as “the ACT”) was promulgated on February 2, 2000 and afterwards revised in large scale on February 3, 2010. In the said revision, except transposing the principles of “strict liability” (liability without fault), “Zustandsverantwortung” (status liability) and “piercing the corporate veil” into the ACT, a major change is to enhance the interested party’s duty of care as a good administrator of the polluted land. Before the said revision, Paragraph 1 of Article 25 of the original ACT already had such a provision. However, Paragraph 2 of the same Article provided that only when the interested party has committed gross negligence, he will be held liable for the repayment of remediation fees concerned. After the revision thereof, if the interested party should have any negligence whatsoever in failing to fulfill his duty of care, he will be held jointly and severally liable for the repayment of remediation fees.
Mixture Rule, RCRA Corrective Action/ CERCLA Remedial Action, Hazardous Waste