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Article 1
These Regulations are enacted pursuant to Paragraph 7 of Article 9 of the Reclaimed Water
Resources Development Act (hereinafter referred to as the "Act").
Article 2
To apply for the establishment of the Reclaimed Water Operator, the promoter or the shareholder
shall apply for the establishment approval with the municipal or county (city) competent
authority where the company is located or the competent authority governing the Specific
Area (hereinafter referred to as the "Competent Authority") by submitting the application form
(see Appendix) and the certification of capital amount stating the following matters:
1.Company's name, address and responsible person.
2.Articles of Association draft.
3.Business plan.
4.Name list of all promoters or shareholders and photocopies of their identification documents.
5.The capital amount and the value of shares subscribed by each promoter or shareholder.
Those applying for an addition to Reclaimed Water Operator's business items shall apply for
the establishment approval with the Competent Authority where the company is located by submitting
the application form (stating matters in Subparagraphs 1 and 3 of the preceding Paragraph),
documents certification of capital amount, and the following documents:
1.Company's proof of registration.
2.Articles of Association amended draft.
3.Minutes of the board meeting and the shareholders’ meeting, or letter of agreement from all
shareholders, of the Reclaimed Water Operator approving the addition.
4.For those applying for a capital increase, the capital amount following capital increase.
If the applicant’s company in the preceding two Paragraphs is located in a Specific Area, the
application shall be made to the competent authority governing such Specific Area.
The business plan in Paragraph 1, Subparagraph 3 shall state the company's organization,
operation polices, financial plan, and the performance of the shareholders or the promoters
in relation to water treatment construction or operation. The personnel composition and certification
of their expertise shall also be attached.
Where the Competent Authority approves the contents of the documents in Paragraphs 1 and 2 after
review, it shall issue an establishment approval and specify the following matters:
1.Basic information for the applicant: Company's name, address, responsible person and estimated
capital amount.
2.Description of establishment approval for the Reclaimed Water Operator.
3.Date of issuance.
4.The company's establishment registration or registration of changes to the company's business items
shall be completed within one year from the date of issuance. If not completed, the establishment
approval shall become invalid.
Article 3
If the Reclaimed Water Operator is a company limited by shares, the paid-in capitalistic at the
time of its establishment shall not be less than NT$100 million; for companies whose organization
is not a company limited by shares, the aggregate capital shall not be less than NT$100 million.
Article 4
When accepting a construction permit application for a Reclaimed Water Development Project and
an application for wastewater (sewage) or effluent water use permit in accordance with Article 8,
Paragraph 1 or 3 of the Act, the Competent Authority shall process in accordance with the following
procedures:
1.Phase one: When accepting the planning of the claimed water construction and operation submitted
by the Reclaimed Water Operator, the Competent Authority shall, after assessing to be feasible,
announce for one to three months the subject sewer system's available wastewater (sewage) or
effluent water intake quantity for other private institution applicants to submit their reclaimed
water construction and operation planning. All applications will be reviewed together when the
announcement period expires.
2.Phase two: Applicants passing phase one of the review shall submit the reclaimed water construction
and operation plan within six months from the date of passing the review.
In the event that a Reclaimed Water Development Project is planned and initiated in accordance with
the Government Procurement Act, Act for Promotion of Private Participation in Infrastructure Projects
or other laws, then the Competent Authority’s processing is not subject to Paragraph 1, the construction
and operation plans, investment implementation plans or other related documents submitted pursuant to the
laws or contracts shall be deemed to be the reclaimed water construction and operation plans in Paragraph 3
of Article 9 of the Act if such documentation containing contents meet the requirement in Paragraph 2 of
Article 5.
Article 5
The planning of the reclaimed water construction and operation in Paragraph 1, Subparagraph 1
of the preceding Article shall state the following matters:
1.Basic information for the Reclaimed Water Operator.
2.The planned location for the development project and the methods by which the land is
obtained and used.
3.The name of the wastewater (sewage) or effluent water sewer system and water quantity planned
for use.
4.Planned water supply area and water users’ Letter of Intent.
5.Feasibility assessment for the financial plan.
The reclaimed water construction and operation plan in Paragraph 1, Subparagraph 2 of the
preceding Article shall state the following matters:
1.Initiating entity.
2.Description of the development project.
3.The plot number, area, land ownership, use rights or other rights, and the zoning descriptions
for the land where the reclaimed water facility area and water supply facilities are planned
to be located; and the land transcript, cadastral map transcription and land use consent
certificates and documentation shall also be attached.
4.Name of the sewer system used, water intake quantity, and period of effect for the use
permit applied for.
5.Floor plan and basic design of the reclaimed water facilities and water supply facilities.
6.Construction schedule and quality control plan for the construction audit, inspection,
verification and certification.
7.Trial run (commissioning) plan.
8.Water supply quantity, water quality standards, water supply area, and water supply schedule.
9.Water supply contract when making application for water intake quantity of 50% or more of
water quantity.
10.The portion of the sewer system involved that needs to be changed or added.
11.Operational planning.
12.Financial plan and economic analysis.
13.Summary of water pollution prevention plan.
14.Personnel (staffing) assignment.
15.Water quality monitoring mechanism.
16.Automatic water quantity monitoring mechanism.
17.Pollution and environmental impact control.
18.Regular inspections, maintenance and management, and annual repairs, including items,
frequency and methods.
19.Emergency response measures, drill plans, and backup planning.
20.Expected benefits and impact.
Matters required in Subparagraph 19 of the preceding Paragraph shall refer to measures, plans
and back-up planning in response to the following incidents:
1.Inability to obtain sufficient wastewater (sewage) or effluent water.
2.Occurrence of windstorms, floods, earthquakes, droughts, landslides, or other natural disasters,
the scale of which reaches Class C or above specified in the Emergency Notification Guidelines
issued by the Executive Yuan.
3.Occurrence of fire, explosions, violent disturbances, power outages, or other accidents
which cause damage to the facilities or equipment or render it impossible to supply water
normally.
4.Occurrence of water pollution due to abnormal conditions on the water intake construction,
water supply facilities, or water treatment equipment.
5.Other incidents specified by the Competent Authority.
Article 6
When the Competent Authority accepts the approval applications in Paragraph 1 of Article 4,
if the content of the documentation is incomplete, the applicant shall be notified a maximum
of one time to make supplements and corrections within a time limit; if the applicant fails
to make supplements and corrections within the time limit or the supplements and corrections
are not in compliance with the regulations, the application shall be rejected.
The supplement and correction period of the preceding Paragraph will not be included in the
review period.
Article 7
The Competent Authority shall, in order to review applications stipulated in Paragraph 1 of
Article 4, be joined by the central competent authority and the central competent authority
for sewer systems, and may invite representatives of relevant authorities, experts and scholars
to form review meetings to conduct the review. When necessary, the applicant may be notified to
attend and provide explanation.
When reviewing a phase one application in Article 4, Paragraph 1, Subparagraph 1, the Competent
Authority shall complete such within three months after the announcement period expires; when
necessary, review may be extended once for a maximum of three months, and the applicant shall be
notified of the review result.
When reviewing a phase two application in Article 4, Paragraph 1, Subparagraph 2, the Competent
Authority shall complete the review within six months from the date of receiving the reclaimed
water construction and operation plan; when necessary, review may be extended once for a maximum
of six months.
Article 8
If the Competent Authority reviews and approves a reclaimed water construction and operation
plan, it shall issue a construction permit and wastewater (sewage) or effluent water use permit.
The wastewater (sewage) or effluent water use permit’s period of effect shall be 10 to 15
years, starting from the operation permit's date of effect.
For Reclaimed Water Development Projects initiated by the Competent Authority in accordance
with the Act for Promotion of Private Participation in Infrastructure Projects, the previous
Paragraph shall not apply.
Article 9
The Reclaimed Water Operator may appoint professional consulting agencies to carry out quality
control work for construction audits, inspection, verification and certification regarding the
Reclaimed Water Development Project.
Professional consulting agencies in the preceding Paragraph shall be limited to professional
engineering consulting firms holding registration certificates for professional engineering
consulting firms.
For appointment in Paragraph 1, the professional consulting agency implementation plan shall be
submitted to the Competent Authority for reference before the construction of the Reclaimed Water
Development Project. Once construction begins, if there is any change, such shall also be reported
for reference.
The implementation plan in the preceding Paragraph shall specify the categories, items, methods,
schedules, report format and other information required for the construction engineering audit,
inspection verification and certification.
Article 10
If the Reclaimed Water Operator needs to extend the construction period, it shall, within six
months before the expiration of the construction schedule, attach the following materials and
apply to the Competent Authority:
1.Basic information: Name, responsible person, address, and contact information.
2.Photocopies of the Reclaimed Water Development Project construction permit and wastewater
(sewage) or effluent water use permit.
3.Reasons and impact of the extension.
4.Extended construction period.
Extensions in the preceding Paragraph shall be limited to a maximum of two times; the total
extended construction period shall not exceed half of the originally permitted construction
period. This shall not apply to the cause not attributable to the Reclaimed Water Operator
that have approved by the Competent Authority.
For Reclaimed Water Development Projects initiated according to the Act for Promotion of Private
Participation in Infrastructure Projects, this Article shall not apply.
Article 11
After completing the construction of the Reclaimed Water Development Project, the Reclaimed
Water Operator shall report to the Competent Authority for inspection by attaching the following
documents:
1.Work completion report.
2.Trial run (commissioning) report: The Reclaimed Water Operator shall conduct the trial run
(commissioning) for at least 30 consecutive days.
3.Quality control reports for the construction audit, inspection verification and certification.
4.Inspection and maintenance manual.
5.Professional engineer’s supervision and certification report.
The completion report in Subparagraph 1 of the preceding Paragraph shall include the as-built
drawings of the facilities and equipment, computer image files and relevant operating manuals.
The trial run (commissioning) report in Paragraph 1, Subparagraph 2 shall include the following
matters:
1.Unit testing results for the main equipment in the water intake construction, water treatment
facilities, and water supply facilities.
2.System test results.
3.Treatment efficiency test results.
The quality control reports for the construction audit, inspection and certification in Paragraph 1,
Subparagraph 3 may be replaced by the professional consulting agency’s report as implementing work
in Article 9.
Inspection and maintenance manuals in Paragraph 1, Subparagraph 4 shall include the contents
specified in Article 5, Paragraph 2, Subparagraphs 14 to 19, and shall be amended in accordance
with the actual conditions after the completion. No further approval for the change in accordance
with Article 16, Paragraph 1 is required.
Professional engineer’s supervision and certification reports in Paragraph 1, Subparagraph 5 shall
comply with the Regulations on Governing Professional Engineer Certification for Reclaimed Water
Development Project Water Intake Constructions, Water Treatment Facilities and Water Supply Facilities.
The treatment efficiency test results in Paragraph 3, Subparagraph 3 must be the water quality test
results which are conducted by an environmental test and determination organization that has been
issued a permit by the Environmental Protection Administration of the Executive Yuan and according
to the standard testing methods announced by the National Institute of Environmental Analysis under
the Environmental Protection Administration of the Executive Yuan, and shall comply with Article 2
of the Regulations on Governing the Use and Quality Standards of Reclaimed Water.
Article 12
The Competent Authority may, for purposes of reviewing the documents in the preceding Article
and conducting on-site inspections, invite representatives of relevant authorities, experts and
scholars to form review meetings to implement, or authorize relevant institutions or groups to
assist in handling such.
When conducting on-site inspections in the preceding Paragraph, the Competent Authority shall
notify the Reclaimed Water Operator and it’s professional engineers who have handled the design
and supervision certification to be present. If necessary, the Reclaimed Water Operator field
staff may be ordered to perform the drills.
Article 13
When the Competent Authority conducts the inspections, in the event that the inspection results
are inconsistent with the contents of the permit, the Reclaimed Water Operator shall be notified
to rectify such within a time limit. After the Reclaimed Water Operator makes rectifications
within the time limit, it shall state the rectification status in writing and report to the
Competent Authority for re-inspection.
Article 14
After the Reclaimed Water Development Project has passed inspection, the Reclaimed Water
Operator shall attach the licenses, permits and approvals obtained in accordance with the building
laws and regulations, fire fighting laws and regulations and the environmental pollution laws and
regulations, and apply to the Competent Authority for the issuance of the operation permit.
Article 15
The following items shall be stated in a operation permit issued by the Competent Authority:
1.Basic information for the Reclaimed Water Operator.
2.Description of the development project.
3.Name and location of the sewer system used, and water intake quantity.
4.Start and end dates for the wastewater (sewage) or effluent water use permit's and operation
permit's effective periods.
5.Water supply quantity, area and schedule.
6.Other required information.
Article 16
If the Reclaimed Water Operator applies for approval of change to a reclaimed water construction
and operation plan in accordance with Paragraph 5 of Article 9, of the Act, reasons for the change,
comparison table for the changed contents, and the relevant certificates and doucumentation shall
be submitted to the Competent Authority for approval.
Where the change in the preceding Paragraph involves Article 5, Paragraph 2, Subparagraphs 4 to 8
and Subparagraph 10, or is due to the change of name or organization of the Reclaimed Water Operator,
the change plan shall be additionally attached to explain the contents of the change and relevant
drawings or certifying documents; where it involves Article 5, Paragraph 2, Subparagraphs 5 to 7,
it shall be handled in accordance with Articles 9 to 11 and Article 14.
Article 17
When the Reclaimed Water Operator applies for transfer of the Reclaimed Water Development Project,
a transfer plan specifying the following items and related supporting documents shall be attached.
1.Reason for transfer.
2.The transferee's Reclaimed Water Operator proof of registration, personnel composition, certification
of their expertise, and performance related to water treatment construction or operations.
3.Consent by the water user of the existing water supply contract to the transfer of such contract.
4.The transferor's approved reclaimed water construction and operation plan, the amended contents
of such, and difference comparison table.
For transfer applications for operation permits in the preceding Paragraph, the amended contents
and difference comparison table of the inspection and maintenance manual shall also be attached.
If the Competent Authority reviews and approves a transfer plan and related supporting documents
in the preceding two Paragraphs, it shall issue the transfer permit for the construction or operation
permit or the wastewater (sewage) or effluent water use permit. The validity period is limited to
the remaining validity period of the original permit.
If Paragraph 1, Subparagraph 4 involves matters in Article 5, Paragraph 2, Subparagraphs 5 to 7, such
shall be handled in accordance with Articles 9 to 11 and Article 14.
The transferee shall generally assume the transferor's relevant rights and obligations regarding the
reclaimed water construction and operation plan based on the permit in Paragraph 3.
This Article shall be applicable mutatis mutandis to the consolidation, merger, or split-up of the
Reclaimed Water Operator.
Article 18
The Reclaimed Water Operator may reapply in accordance with the provisions of Article 4, Paragraph 1,
Subparagraph 2 and Article 5, Paragraph 2 within 6 months from 2 years prior to the expiration of the
Reclaimed Water Development Project wastewater (sewage) or effluent water use permit and operation permit.
Article 19
If the Reclaimed Water Operator fails to apply in accordance with the provisions of the preceding
Article, or the application in accordance with the preceding Article does not pass, the Competent Authority
shall give notice to the reclaimed water operator 6 months before the expiration of the operation permit,
that restoration to the original condition shall be made or that appropriate measures shall be taken within
a time limit. Where there is failure to do so within such time limit, the disposal shall be handled by the
Competent Authority in accordance with relevant laws and regulations.
Article 20
Article 6 and Article 7, Paragraphs 1 and 3 shall be applicable mutatis mutandis when the Competent
Authority reviews applications in Article 16, Paragraph 2, Article 17 and Article 18.
Article 21
These Regulations become effective as of the date of promulgation.
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