Kaohsiung EPA Warns: Landlords May Be Liable for Illegal Waste Dumping on Leased Properties

The Kaohsiung City Government Environmental Protection Bureau reminds property owners that if tenants illegally dump waste on leased land or factory premises, landlords cannot consider themselves uninvolved. With the amended 'Waste Disposal Act' officially taking effect on July 15 this year, land found with illegal backfilling or waste accumulation will have its information publicly disclosed and annotated in land registry records. These annotations will remain until proper waste removal is completed. Landlords who fail to fulfill their management duties may face high cleanup costs and legal liabilities.

New Waste Disposal Act in Effect: Violating Lands Annotated Until Cleaned – Up to 7 Years Imprisonment

The Environmental Protection Bureau notes that recently, some unscrupulous businesses have been illegally stockpiling waste wood and various wastes on leased land or factory sites to reduce processing costs, inadvertently implicating unaware landlords. According to Article 71-2 of the amended 'Waste Disposal Act,' competent authorities may disclose the location, type, quantity, and pollution status of illegally dumped waste and instruct land registration agencies to annotate such information in land records, which will only be removed after proper cleanup.

The bureau states that under the new law, if land is illegally backfilled or piled with waste and the tenant is unable to clean it up, the landowner, manager, or user may be jointly liable for removal, treatment, and environmental restoration, and must collectively bear the costs of substitute performance and emergency measures. Such claims take priority over general debts and mortgage rights—landlords should not take this lightly.

For those who knowingly provide land for illegal landfill or waste storage, the bureau says they will be referred to judicial authorities under Article 46 of the 'Waste Disposal Act,' facing imprisonment of one to seven years and fines up to NT$15 million. If the offense occurs in ecologically sensitive areas designated by the Ministry of Environment, the penalty increases by half.

The bureau urges land and factory owners, managers, and users to conduct regular inspections to prevent illegal use. Once illegal waste dumping occurs, not only will lengthy cleanup procedures and high environmental restoration costs follow, but criminal liability may also arise. If suspicious waste accumulation is detected, immediately call the citizen service hotline at 1999 or the environmental complaint hotline at 0800-066-666 to help protect Kaohsiung’s environmental quality.