Serious water polluters in Taiwan could get life sentence under amended law

Want China Times, CNA 2015-01-23

A ditch contaminated with heavy metals in Tainan, Oct. 2007.
(Photo/Wang Hui-hsing)

Taiwan's legislature approved amendments to the Water Pollution Control Act Thursday under which business owners convicted of causing death by illegally releasing toxic water or waste water can be given life sentences plus a fine of NT$30 million (US$1 million).

The amendments include provisions to protect whistleblowers, stop businesses from transferring properties and tracing culprit-owned properties to a third party to ensure that convicted polluters do not escape justice.

The toughened law comes after a public outcry over the small fine–just NT$600,000 (US$19,114)–slapped on Advanced Semiconductor Engineering in 2013 when the massive company was found to be dumping untreated waste water into a river in Kaohsiung.

Prior to the amendments, polluters were only liable for a maximum sentence of three years plus a fine of between NT$20,000 (US$637) and NT$1 million (US$31,900).

The revisions up maximum punishments for waste water discharge that causes illness or disease to seven years in prison plus a fine of NT$20 million (US$638,000).

If the pollution causes "severe injuries," the convicted party now faces three to ten years behind bars plus a fine of NT$25 million (US$796,400).

While polluters whose actions cause death could face seven years to life and a NT$30 million fine, agents or employees found responsible for assisting in the dumping of those pollutants will face fines 10 times that for their bosses–at NT$300 million (US$9.6 million).

Legislators made it a point that perpetrators must not profit from polluting the environment and harming people, adding a provision to the act to pay victims with illicit gains or otherwise have those profits confiscated.

The amendment also authorizes authorities to track down convicts' properties even if registered under a third party.

The Environmental Protection Administration under the Executive Yuan is charged with assessing and calculating the payout for each victim.

Whistleblowers in such cases are protected under the new amendments so that employers cannot lay them off, demote them or cut their pay.

To encourage employees to expose illegal activity by their employers, responsible government agencies will now also be required to set aside a budget for cash rewards given to whistleblowers.

The last major addition to the amended law is that confiscated profits and part of the fines levied on violators must go to a water pollution control fund, which allows the general public to join the campaign to monitor possible violations.

Pingtung farmer hailed as 'hero' for exposing oil scandal

Want China Times, CNA 2014-09-15

Health Department personnel confiscate recycled oil in Keelung, Sept. 4.
(File photo/Tseng Pai-tsun)

A 60-year-old farmer in Pingtung county was hailed as a hero on Sunday after it was revealed that he was a key figure behind the exposure of the recent oil scandal in Taiwan.

The Apple Daily reported Sunday that the farmer, who declined to be named, spent two years gathering evidence on his own to expose the wrongdoings of the underground factory operated by Kuo Lieh-cheng that produced the questionable oil, after officials in the southern county failed to take his complaints seriously.

The farmer and his neighbors, whose farmland has been polluted by Kuo's factory, reported the factory's questionable practices to the Pingtung County Environmental Protection Bureau five times, but to no avail.

He then decided to take matters into his own hands, according to the Apple Daily article.

He purchased digital cameras and surveillance equipment and gathered evidence for two years, before reporting his findings to police in Taichung in central Taiwan, the report said.

The Taichung City Police Department confirmed Sunday that the farmer reported the underground factory to the department in Nov. 2013 through a friend who is acquainted with a member of the department and provided photos and video clips that he took.

The department said it then forwarded the case to the Pingtung District Prosecutors' Office, which led the investigation that eventually exposed the nationwide recycled waste oil scandal.

The scandal has centered on Kaohsiung-based Chang Guann, which was found to have bought oil extracted from putrid kitchen waste and other substandard ingredients from Kuo.

Kuo's oils were used by the company to make 782 metric tons of its Chuan Tung brand cooking oil, which was distributed to more than 1,200 food processors and restaurants around Taiwan. The discovery forced the recall of numerous food products from snacks to instant noodles to traditional Chinese cakes.

Lin Ya-wen, director of the Pingtung County Environmental Protection Bureau, confirmed Sunday that his bureau received five telephone complaints about Kuo's factory between 2011 and 2013.

But aside from the phone calls, it did not receive any photos or other documents, or else it would have acted differently, Lin said.

Yu Tung-pi, an inspector with the bureau, said bureau inspectors did examine Kuo's factory, but did not find any violations and were restricted by their limited authority under the law.

Inspectors could not force Kuo to show his license or tell them where he sold his oil and could only fine him NT$1,200 (US$39.9) and NT$3,000 (US$99.73) for residual oil in ditches, he said.

Yu said the case was cracked after six months of investigation by prosecutors.

Lin said he has asked to be disciplined by Pingtung County Magistrate Tsao Chi-hung, while Yu has asked to be transferred to another post.

Related Articles:

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Minister willing to take responsibility for scandal: Taiwan's premier

SeaWorld park to redesign controversial whale tank

BBC News, 16 August 2014

The new tanks will be twice the size as the current ones, which
animal rights groups say are too small

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• Five killer whales 'sue' SeaWorld
• Whale kills SeaWorld trainer Watch
• Deadly orca back in Florida show

US marine theme park SeaWorld has announced it is to build a bigger tank for its killer whales, amid criticism of its treatment of the animals.

But the Florida company said that the plans were not in response to last year's documentary film "Blackfish".

The film suggested that captivity and SeaWorld's treatment provoked violent behaviour in the killer whales.

The high profile death of a trainer in front of a live audience in 2010 sparked worldwide outrage.

SeaWorld CEO Jim Atchinson said in a statement on Friday that the new tank, to be completed by 2018, would "transform how visitors experience killer whales".

The 2013 film 'Blackfish' argued that whales in captivity become
traumatised and turn violent

"Our guests will be able to walk alongside the whales as if they were at the shore, watch them interact at the depths found in the ocean, or a bird's eye view from above."

The new tank will be almost twice the size of its current orca tank, with 10 million gallons of water and a new depth of 50 feet (15m), and will include larger viewing points for visitors.

But Peta (People for the Ethical Treatment of Animals) criticised the plans, calling them a "desperate move".

"A bigger prison is still a prison," it said in a statement.

The animal rights group warned that nothing but moving the orcas to seaside sanctuaries to feel and experience the ocean again and hear their families would "save the company", which has seen its profits slump in the past year since it went public.

Dawn Brancheau was killed by the whale 'Tilikum', whilst performing
in a show at SeaWorld in 2010

Peta filed a lawsuit against SeaWorld in 2012 and named five killer whales as plaintiffs, arguing that they deserved the same constitutional protection from slavery as humans.

Dawn Brancheau, 40, who had more than 16 years of experience in killer whale shows was killed whilst performing with "Tilikum".

She died from drowning and traumatic injuries after the whale bit and dragged her underwater in front of an audience.

Related Articles:

SeaWorld fined $75,000 after death of animal trainer

Whistleblower complaint by ex-SeaWorld chief Linda Simons claims negligence in drowning of trainer

Orcas put on show as ferry transports tribal artifacts to Bainbridge Island

Killer whales have been thrilling whale watchers this week in Puget Sound. But

they were especially exciting Tuesday when nearly three dozen orcas surrounded

 the ferry from Seattle as it approached the terminal on Bainbridge Island. NOAA

Fisheries Service photo by Candice Emmons