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Reclaimed Water Resources Development Act

Regulations on Governing the Use of Reclaimed Water in Regions With the Likelihood of Water Undersupply

Announced Date: 2016-11-4

Legislative History:A Total of 8 articles were promulgated on November 4, 2016 by the ordinance of the Ministry of Economic Affairs Ref. No. Ching-Shui-Tzu 10504605460

 Article 1  These Regulations are enacted pursuant to Paragraph 4 of Article 4 of the Reclaimed Water Resources Development
                Act (hereinafter referred to as the "Act").

Article 2   Regions with the likelihood of undersupply of water resources referred to in Article 4 of the Act shall mean such
                regions whose supply and demand analysis in the Regional Water Resources Master Plan, have been reviewed by
                the central competent authority in water source development status, overall water supply allocation measures,
                systemic reclaimed water development potential and other relevant factors, and which are announced by the central
                competent authority as the available water quantities that fail to fulfill the demand water quantity for the target year.

Article 3  The municipal or county (city) competent authority of regions with the likelihood of undersupply of water resources
                shall regularly announce the public sewer system's total quantity of wastewater (sewage) or effluent water, its
                available quantity for application, and related information within the jurisdiction on a yearly basis.

Article 4  If the initiated development is located in a region with the likelihood of undersupply of water resources, and the
               water intake quantity in the water consumption plan reaches 3,000 cubic meters per day or more, the developer
               shall use systemic reclaimed water pursuant to the water consumption plan approved by the central competent
               authority.
               For a water consumption plan approved prior to the promulgation of these Regulations, if the scheduled water intake
               quantity in the water consumption plan cumulatively reaches 3,000 cubic meters per day or more due to modified
               development, the increased portion of the quantity shall use systemic reclaimed water pursuant to the water
               consumption plan review result.The certain percentages of systemic reclaimed water that shall be used pursuant to
               the preceding two Paragraphs are as follows. If the water consumption includes domestic, other and industrial water
               consumption, the quantity of systemic reclaimed water that shall be used daily may be calculated altogether:
               1. For domestic and other water consumption in the water consumption plan, 10% or more of systemic reclaimed
                   water shall be used.
      2. For industrial water consumption in the water consumption plan, 50% or more of systemic reclaimed water shall
                   be used.If according to the preceding Paragraph to calculate, the quantity of systemic reclaimed water shall be
                   used daily is less than 1,000 cubic meters per day, such may be exempted from using systemic reclaimed water
                   according to the provisions of the preceding Paragraph.The central competent authority shall approve the systemic
                   reclaimed water usage schedule and corresponding water quantity in Paragraphs 1 and 2 on the basis of the
                   development, during the development and operation period which, is located in a water supply area where the
                   government has initiated a Reclaimed Water Development Project; as well as the percentage of systemic reclaimed
                   water to be used in Paragraph 3 may be adjusted, depending on the supply conditions for the sewer system and
                   the Reclaimed Water Development Project.Identification of whether such initiated or modified development is
                   located in a region with the likelihood of undersupply of water resources or not shall be subject to the central
                   competent authority's latest announcements during the review period for such a water consumption plan.

Article 5  Where the actual water consumption deviates from the water consumption plan to the certain percentage or certain
               size stipulated in Paragraph 2 of Article 4 of the Act shall mean that after the central competent authority's audit,
               the actual water consumption has not reached 70% of the approved water intake quantity for (3) three consecutive
               years and the discrepancy reaches an average of 3,000 cubic meters per day or more.
               A developer meeting the requirements of the preceding Paragraph shall submit a variance analysis report to the
               central competent authority for review. The central competent authority may, depending on its discrepancy, adjust or
               reduce the originally approved yearly and final water usage plan in the water consumption plan, or adjust the certain
               percentage of systemic reclaimed water to be used within the range of variance.The adjustment of the certain
               percentage of systemic reclaimed water to be used in the preceding Paragraph shall be deliberated and determined
               on a case-by-case basis by the central competent authority, after evaluating the water supply conditions, industrial
               water consumption characteristics, the developer's water-saving efficiency, the construction status of adjacent public
               sewer systems and reclaimed water plants, and other relevant factors. Such percentage shall be lower than the
               percentages specified in Paragraph 3 of the preceding Article.

Article 6  For a water consumption plan submitted according to Paragraph 6 of Article 54-3 of the Water Act, in a region with
               the likelihood of undersupply of water resources, if the water intake quantity in the water consumption plan
               cumulatively reaches 3,000 cubic meters per day or more due to the increase or change of the water quantity beyond
               the existing water intake demand, the increased water quantity portion shall use the certain percentage for systemic
               reclaimed water pursuant to the water consumption plan review result. The provisions in Paragraph 3 of Article 4,
               shall be applicable mutatis mutandis.

Article 7  A developer that is to use systemic reclaimed water may exchange water sources with an existing water intake
               enterprise in the same region with the likelihood of undersupply of water resources, as a substitute for fulfilling its
               obligation to use the systemic reclaimed water,
               The developer and the substitute performer shall first submit a water consumption plan and a notarized alternative-
               performance contract to the central competent authority for review; only after such contract is approved may it be
               performed.The water consumption plan proposed by the substitute performer in the preceding Paragraph shall
               contain the actual water intake records and the use permit for wastewater (sewage) or effluent water as specified in
               Article 11 of the Act or the reclaimed water purchase contract between the substitute performer and the Reclaimed
               Water Operator.

Article 8   These Regulations become effective as of the date of promulgation.

Last Updated: 2019-07-02