Law Concerning Special Measures against
Dioxins
(Law No. 105 of 1999. Promulgated on July 16, 1999)
(Provisional
Translation)
Table of Contents
Chapter 1 General Provisions (Articles 1-5)
Chapter 2 Basic Standards for Formulating Policies on
Dioxins (Articles 6 and 7)
Chapter 3 Regulations for Dioxin Emissions, etc.
Section 1 Regulations for Emission Gas and Effluent
Relating to Dioxins (Articles 8-23)
Section 2 Disposal of Soot and Dust Relating to Waste
Incinerators, etc. (Articles 24 and 25)
Chapter 4 Surveys of the Level of Pollution Caused by
Dioxins, etc. (Articles 26-28)
Chapter 5 Measures Against Soil Contamination by
Dioxins (Articles 29-32)
Chapter 6 National Government Plan for the Reduction
of Dioxin Emissions (Article 33)
Chapter 7 Miscellaneous Provisions (Articles 34-43)
Chapter 8 Penalties (Articles 44-49)
Supplementary Provisions
Chapter 1 General Provisions
(Purpose)
Article 1
In
consideration of serious effects on human life and health which may be caused
by dioxins, the purpose of this Law is to protect the health of citizens, by
establishing standards necessary to
form the basis of policies on dioxins,
to establish the necessary regulations, and to establish measures, etc.,
relating to soil contamination, in order to carry out the prevention and
removal, etc., of environmental pollution caused by dioxins.
(Definitions)
Article 2
For
the purpose of this Law, "dioxins" shall mean chemical substances
enumerated below:
(1)
polychlorinated dibenzofurans;
(2)
polychlorodibenzo-para-dioxins; and
(3)
co-planar polychlorinated biphenyls.
2.
For the purpose of this Law, as designated by Cabinet Order, "specified
facility" shall mean an electric furnace used for steelmaking, a waste
incinerator, or other facility, installed in a factory or a business
establishment, which generates and emits dioxins into the air or releases waste
water or fluid discharge containing dioxins.
3.
For the purpose of this Law, "emission gas" shall mean exhaust
released into the air by a specified facility.
4.
For the purpose of this Law, "effluent" shall mean water discharged
into public water areas (meaning public water areas provided for in Paragraph 1
of Article 2 of the Water Pollution Control Law (Law No. 138 of 1970). The same
shall apply hereinafter.) by a factory or a business establishment where a
specified facility is installed (hereinafter referred to as "specified business
establishment").
(Responsibilities of the National
Government and Local Governments)
Article 3
The
national government shall be responsible for formulating and implementing basic
and comprehensive measures for the prevention and removal, etc., of environmental
pollution caused by dioxins.
2.
Local governments shall be responsible for implementing measures for the
prevention and removal, etc., of environmental pollution caused by dioxins, in
accordance with the natural and social conditions of the areas concerned.
(Responsibilities of Businesses)
Article 4
Businesses
shall be responsible for taking the necessary measures for the prevention and
removal, etc., of environmental pollution caused by dioxins generated in the
course of their business activities. Businesses shall also be responsible for
cooperating on measures implemented by the national government or local
governments, with regard to the prevention or removal, etc., of environmental
pollution caused by dioxins.
(Responsibilities of Citizens)
Article 5
Citizens
shall make efforts to prevent environmental pollution caused by dioxins
generated in the course of their daily lives, as well as making efforts to
cooperate on measures implemented by the national government or local
governments, with regard to the prevention or removal, etc., of environmental
pollution caused by dioxins.
Chapter 2 Basic Standards for Formulating Policies on Dioxins
(Tolerable Daily Intake)
Article 6
In
consideration of the fact that dioxins are chemical substances generated from
human activities and do not exist naturally in the environment, the Tolerable
Daily Intake (meaning the daily dose of 2,3,7,8-tetrachlorodibenzo-para-dioxin
which is assumed to have no adverse effects on human health if taken constantly
over a lifetime), which shall be a guideline for measures against dioxins taken
by the national government and local governments, shall not exceed 4 picograms
per kilogram of body mass and shall be set forth by Cabinet Order.
2.
The value referred to in the preceding Paragraph shall be revised as necessary,
with due attention given to international trends for assessing the safety of
chemical substances, based on scientific knowledge.
(Environmental Quality Standards)
Article 7
With
regard to the environmental conditions relating to air pollution, water
pollution (including pollution of bottom sediment), and soil contamination, for
each of these the Government shall establish environmental quality standards,
the maintenance of which is desirable for the protection of human health.
Chapter 3 Regulations for Dioxin Emissions
Section 1 Regulations for Emission Gas and Effluent Relating to Dioxins
(Emission Standards)
Article 8
Emission
standards for dioxins shall be set forth by Order of the Prime Minister's
Office, according to the type and structure of facility, in consideration of
technological standards for the reduction of dioxins contained in emission gas
or effluent relating to specified facilities.
2.
With respect to the emission standards referred to in the preceding Paragraph,
permissible limits relating to emission gas (hereinafter referred to as
"gas emission standards") shall be provided for in Item (1) and those
relating to effluent (hereinafter referred to as "effluent
standards") shall be provided for in Item (2).
(1)
Permissible limits for dioxins contained in emission gas (meaning the level of
dioxins measured by the method designated by Order of the Prime Minister's
Office, expressed as the toxicity of 2, 3, 7, 8-tetrachloride
dibenzo-para-dioxin according to the computation designated by Order of the
Prime Minister's Office. The same shall apply hereinafter.)
(2)
Permissible limits for dioxins contained in effluent
3.
In the case any prefecture judges, in light of its natural and social
conditions, that the emission standards prescribed under Paragraph 1 are
inadequate to protect human health in part of its territory, it may establish
by a prefectural ordinance, in accordance with the provisions of a Cabinet
Order, stricter emission standards with respect to the level of dioxins
contained in emission gas or effluent released by specified facilities in part
of the territory, which supersede the permissible limits stipulated by the
emission standards under the said Paragraph.
4.
The prefectural ordinance referred to in the preceding Paragraph shall clarify
the range of the relevant territory.
5.
In the case any prefecture establishes emission standards under the provisions
of Paragraph 3, the prefectural governor concerned shall notify in advance the
Director General of the Environment Agency and governors of relevant
prefectures (limited to the establishment of emission standards for effluent
referred to in the said Paragraph).
(Recommendations Concerning Emission
Standards)
Article 9
The
Director General of the Environment Agency may recommend to any prefecture that
it establish emission standards under the provisions of Paragraph 3 of the
preceding Article or modify the existing emission standards prescribed under
the provisions of the said Paragraph, when deemed especially necessary to
prevent air pollution or water pollution of public waters by dioxins.
(Total Mass Emission Control Standards)
Article 10
In
areas where specified facilities to which gas emission standards (including the
emission standards for emission gas prescribed in Paragraph 3 of Article 8. The
same shall apply hereinafter in this Paragraph.) apply (hereinafter referred to
as "facilities to which gas emission standards apply") are
concentrated, and designated by Cabinet Order as areas where it is difficult to
attain the standards relating to air pollution provided for in Article 7 solely
with the gas emission standards (hereinafter referred to as "specified
areas"), prefectural governors shall formulate total mass emission
reduction plans with respect to dioxins released into the air by specified
business establishments installed with facilities to which gas emission
standards apply (hereinafter referred to as "business establishments to
which total mass emission control standards apply") established in the
specified areas concerned, and establish total mass emission control standards
in accordance with the provisions of an Order of the Prime Minister's Office,
based on the said plan.
2.
Prefectural governors may, when deemed necessary, subdivide the specified area
concerned into two or more sub-areas and establish the total mass emission
control standards prescribed in the preceding Paragraph for each sub-area.
3.
Prefectural governors may, with respect to a business establishment to which
total mass emission control standards apply, which has newly installed a
facility to which gas emission standards apply (including a factory or business
establishment which has newly become a business establishment to which total
mass emission control standards apply through installation or alteration of the
structure, etc., of a specified facility) and a newly established business
establishment to which total mass emission control standards apply, in
accordance with the provisions of an Order of the Prime Minister's Office,
establish special total mass emission control standards, which supercede the
total mass emission control standards referred to in Paragraph 1, based on the
total mass emission reduction plan under the said Paragraph.
4.
With respect to a business establishment subject to total mass emission control
standards, the total mass emission control standards provided for in Paragraph
1 or the preceding Paragraph, shall be the permissible limits of the total
level of dioxins released from outlets (meaning smoke stacks installed in the
facilities to which gas emission standards apply to release emission gas into
the air from the facilities, and other openings in the facilities. The same
shall apply hereinafter.) of all facilities to which gas emission standards
apply which are installed in the business establishment.
5.
In the case there is a certain area which is deemed to satisfy the requirements
of an area to be designated by Cabinet Order referred to in Paragraph 1,
prefectural governors may propose that the Prime Minister draft a Cabinet Order
by which the area is to be so designated as provided for in the said Paragraph.
6.
Residents may propose to the prefectural governor who has jurisdiction over
their domicile that he or she make a proposal referred to in the preceding
Paragraph.
7.
When attempting to enact, or revise or abolish a draft of, a Cabinet Order as
stipulated in Paragraph 1, the Prime Minister
shall hear the opinions of the governors of relevant prefectures.
8.
Prefectural governors shall make public announcements when establishing total
mass emission control standards provided for in Paragraphs 1 or 3. The same
shall apply when amending or abolishing the standards.
(Total Mass Emission Reduction Plans)
Article 11
With
regard to the specified areas concerned, the total mass emission reduction
plans, referred to in Paragraph 1 of the preceding Article, shall prescribe
matters referred to in Items (3) and (4) in accordance with the provisions of a
Cabinet Order, for the purpose of reducing emissions from the level referred to
in Item (1) to the level referred to in Item (2), in consideration of the type
and size, etc., of facilities to which gas emission standards apply. In this
case, where it is necessary, for the purpose of achieving the plans, to
subdivide specified areas concerned into two or more sub-areas, due to the
distribution of facilities subject to gas emission standards, the level of
emissions referred in Items (1) and (2) shall be the respective level of
dioxins released in each sub-area.
(1)
Total emissions of dioxins released into the air by all facilities to which gas
emission standards apply in the specified areas concerned.
(2)
Total emissions of dioxins released into the air by facilities to which gas
emission standards apply in the specified areas concerned, computed as
prescribed by Order of the Prime Minister's Office, in light of standards
concerning air pollution referred to in Article 7.
(3)
Reduction target with regard to the level of emissions referred to in Item (1)
(including interim reduction targets, if such reduction targets are set).
(4)
Period and methods of achieving the plans.
2.
When formulating the total mass emission reduction plans referred to in
Paragraph 1 of the preceding Article, prefectural governors shall hear the
opinions of the Council established pursuant to the provisions of Article 43 of
the Basic Environment Law (Law No.91 of 1993), other council organizations and
heads of relevant municipalities, and shall hold public hearings to hear the
opinion of residents in the specified areas. .
3.
When formulating the total mass emission reduction plans referred to in
Paragraph 1 of the preceding Article, prefectural governors shall discuss the
plans in advance with, and obtain the approval of, the Director General of the
Environment Agency.
4.
Prefectural governors shall publicly announce the matters referred to in each
Item of Paragraph 1, after formulating the total mass emission reduction plans
referred to in Paragraph 1 of the preceding Article.
5.
Prefectural governors may revise the total mass emission reduction plans
referred to in Paragraph 1 of the preceding Article, when such a revision has
become necessary due to changes in the condition of air pollution, etc., in the
specified areas concerned.
6.
The provisions of Paragraphs 2 through 4 shall apply correspondingly to any
changes made to plans referred to in the preceding Paragraph.
(Notification of the Establishment of
Specified Facilities)
Article 12
Any
person who plans to establish a specified facility shall notify the following
information to the prefectural governor in accordance with the provisions of an
Order of the Prime Minister's Office:
(1)
That person's name or the name of the business, address, and in the case of a
corporation, the name of the representative of the corporation;
(2)
Name and location of the specified business establishment;
(3)
Type of the specified facility;
(4)
Structure of the specified facility;
(5)
Method of operation of the specified facility; and
(6)
In the case of a facility to which gas emission standards apply, the method of
disposal of generated gas (meaning the gas generated by a facility to which gas
emission standards apply. The same shall apply hereinafter), and in the case of
a specified facility to which effluent standards are concerned (including
emission standards relating to effluent provided for in Paragraph 3, Article 8)
(hereinafter referred to as "facility subject to effluent
standards"), the method of disposal of waste water or fluid discharged by
the said facility subject to effluent standards.
2.
The notification under the provisions of the preceding Paragraph shall be
accompanied by documents containing estimated level of dioxin emissions
(meaning the level of dioxins contained in emission gas, in the case of a
facility to which gas emission standards apply, and in the case of a facility
subject to effluent standards, the level of dioxins contained in effluent
discharged by a specified business establishment which has installed a facility
subject to effluent standards (hereinafter referred to as "business
establishment to which effluent standards apply"), in consideration of the
kind or structure of the specified facility or disposal methods of generated
gas or waste water or fluid, etc., and other matters set forth by Order of the
Prime Minister's Office.
(Transitional Measures)
Article 13
Any
person who has installed a facility (including any person engaging in such
installation work. The same shall apply in the following Paragraph.) which
becomes a specified facility and releases emission gas or effluent, shall
notify, within thirty (30) days after the date that the concerned facility
becomes a specified facility, the matters referred to in each Item of Paragraph
1 of the preceding Article to the prefectural governor, in accordance with the
provisions of an Order of the Prime Minister's Office.
2.
Any person who is referred to in the top column of the following table shall
report, within thirty (30) days after the dates prescribed in the bottom column
of the said table, the matters referred to in the middle column of the said
table to the prefectural governor, in accordance with the provisions of an
Order of the Prime Minister's Office.
Any
person who has installed a facility subject to effluent standards when it
becomes a facility to which gas emission standards apply:
Matters
referred to in Item (6) of Paragraph 1 of the preceding Article relating to the
generated gas:
Date
when the facility subject to effluent standards became a facility to which gas
emission standards apply.
Any
person who has installed a facility to which gas emission standards apply when
it becomes a facility subject to effluent standards:
Matters
referred to in Item (6) of Paragraph 1 of the preceding Article relating to the
waste water or fluid discharge:
Date
when the facility to which gas emission standards apply became a facility
subject to effluent standards.
3.
The provisions of Paragraph 2 of the preceding Article shall apply
correspondingly to the notification under the provisions of the preceding
Paragraph 2.
(Notification of Changes in the
Structure, etc., of Specified Facilities)
Article 14
Any
person who has made notification under the provisions of Paragraph 1 of Article
12 or Paragraphs 1 or 2 of the preceding Article and plans to change the
notified matters referred to in Items (4) through (6) of Paragraph 1 of Article
12 or matters referred to in the middle column of the table in Paragraph 2 of
the preceding Article, shall notify such plans to the prefectural governor, in
accordance with the provisions of an Order of the Prime Minister's Office.
2.
The provisions of Paragraph 2 of Article 12 shall apply correspondingly to the
notifications under the provisions of the preceding Paragraph.
(Order for Modification of Plans, etc.)
Article 15
In the case a prefectural governor, upon receiving notification under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of the preceding Article, finds that the level of dioxins contained in emission gas or effluent, at outlets of the specified facility in the case of emission gas, or at drainage outlets (meaning where effluent is discharged. The same shall apply hereinafter.) of a business establishment to which effluent standards apply installed with a specified facility in the case of effluent, of the specified facility covered in the notification, fails to comply with emission standards prescribed in Paragraph 1 of Article 8 (in the case the emission standards are set forth according to Paragraph 3 of the said Article, including such emission standards. Hereinafter referred to simply as "emission standards"), he or she may, within sixty (60) days after the date of receipt of the notification, order the person who made the notification to modify the plan with regard to the structure or the method of operation of the specified facility concerned, or the method to dispose generated gas or waste water or fluid discharge relating to the specified facility concerned (including the abolishment of the notified plan under Paragraph 1 of the preceding Article) or abolish the plan with regard to the installation of the specified facility notified under Paragraph 1 of Article 12.
In
the case the prefectural governor, upon receiving notification under the provisions
of Paragraph 1 of Article 12 or Paragraph 1 of Article 14, finds that, the
total amount of dioxins released from outlets of all facilities to which gas
emission standards apply which are installed in the business establishment to
which total mass emission control standards apply concerned, fails to comply
with total mass emission control standards, with regard to the notified
business establishment to which total mass emission control standards apply in
which a facility to which gas emission standards apply is being installed
(including a factory or business establishment which is designated as a
business establishment to which total mass emission control standards apply as
a result of installation of a specified facility or the alteration of structure.
The same shall apply hereafter in this Article), he or she may, within sixty
(60) days after the date of receipt of the notification, order the installing
person of the concerned business establishment to whichh total mass emission
control standards apply to improve the methods to dispose of generated gas at
the concerned business establishment to which total mass emission control
standards apply, or to take other necessary measures.
(Restrictions on Implementation)
Article 17
Any
person who has provided notification under the provisions of Paragraph 1 of
Article 12 or Paragraph 1 of Article 14, shall not install the specified
facility covered in the notification or modify the structure, the method of
operation, or the methods to dispose of generated gas, wastewater or fluid
discharge from the specified facility covered in the notification, within sixty
(60) days after the date the notification has been received.
2.
In the case the prefectural governor finds that the contents of matters
notified under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of
Article 14 are reasonable and suitable, he or she may shorten the period
prescribed in the preceding Paragraph.
(Report of Changes in Name, etc.)
Article 18
In
case the person who provided notification under the provisions of Paragraph 1
of Article 12 or Paragraph 1 of Article 13 changes any matters notified under
Items (1) or (2) of Paragraph 1 of Article 12 or abolishes the operation of the
specified facilities notified, the person shall notify that change or abolition
to the prefectural governor within thirty (30) days after doing so.
(Succession)
Article 19
Any
person who has obtained or has leased the specified facility notified from a
person who provided notification under the provisions of Paragraph 1 of Article
12 or Paragraph 1 of Article 13, shall succeed to the status of the person who
provided notification with respect to the specified facility concerned.
2.
In the case of inheritance or merger relating to a person who provided notification
under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article 13,
the inheritor or the corporation which continues to exist after the merger or
the corporation which is established as a result of the merger, shall succeed
to the status of the person who provided the notification concerned.
3.
Any person who, under the provisions of the preceding two Paragraphs, succeeds
to the status of the person who provided notification under the provisions of
Paragraph 1 of Article 12 or Paragraph 1 of Article 13, shall notify the
succession to the prefectural governor within thirty (30) days after the date
of succession.
4.
Any person who has succeeded to the status of the person who provided
notification under the provisions of Paragraphs 1 or 2 above with respect to
all facilities to which gas emission standards apply installed at a specified
business establishment, shall succeed to the status of the person who installed
the business establishment, as pertains to the application of the provisions of
Article 16 or Paragraph 3 of Article 22.
(Restrictions on Emissions)
Article 20
Any
person who releases emission gas or effluent (hereinafter referred to as
"emitter"), shall not release emission gas or effluent where the
level of dioxins contained in the emission gas or effluent fails to comply with
emission standards, at the outlets of emission gas in the case of a facility
subject to gas emission standards and at the drainage outlets of a business
establishment to which effluent standards apply where the concerned facility subject to effluent standards is installed
in the case of a facility subject to effluent standards.
2.
The provisions of the preceding Paragraph shall not apply to emission gas
released from the concerned facility or effluent relating to the concerned
facility of a person who has installed the facility concerned at the time it
becomes designated as a specified facility (including any person engaging in
installation. The same shall apply in the following Paragraph.) for one (1)
year after the date the facility concerned becomes a specified facility.
However, this limitation shall not exist when the factory or business
establishment concerned is already a business establishment to which effluent
standards apply at the time when the facility concerned becomes a facility
subject to effluent standards, and when provisions of an ordinance of the local
government applicable to the person are equivalent to provisions of the
preceding Paragraph (excluding cases in which there are no punitive provisions
for violations of provisions prescribed in the ordinance of the local
government).
3.
The provisions of Paragraph 1 shall not apply to emission gas released by a
facility of a person who has installed the facility concerned at the time the
facility subject to effluent standards is designated a facility to which gas
emission standards apply, or to effluent relating to a facility to which gas
emission standards apply of a person who has installed the facility concerned
at the time the facility to which emissions standards apply becomes a facility
subject to effluent standards, for one (1) year after the date the facility
concerned becomes a facility to which gas emission standards apply or a
facility subject to effluent standards, respectively. In this case, the
provisions of the conditional clause in the preceding Paragraph shall apply
correspondingly.
(Restrictions on Emission Relating to
Total Mass Emission Control Standards)
Article 21
Any
person who releases emission gas into the air from a business establishment to
which total mass emission control standards apply, shall not release emission
gas, in which the total level of dioxins released from the outlets of all
facilities to which gas emission standards apply installed in the business
establishment to which total mass emission control standards apply, fails to
comply with the total mass emission control standards.
2.
The provisions of the preceding Paragraph shall not apply to a person who
releases emission gas into the air from a facility to which gas emission
standards apply installed in a factory or business establishment which has
newly become a business establishment subject to total mass emission control
standards as a result of a revision of the Cabinet Order stated in Paragraph 2
of Article 2, a revision of the Order of the Prime Minister's Office stated in
Paragraph 1 of Article 8, or a revision of the Cabinet Order stated in
Paragraph 1 of Article 10, for one (1) year after the date the factory or
business establishment concerned becomes a business establishment subject to
total mass emission control standards.
(Orders for Improvement, etc.)
Article 22
In
the case a prefectural governor finds that an emitter is likely to continue to
release emission gas or effluent that fails to comply with the emission
standards, at outlets of an installed facility to which gas emission standards
apply or at the drainage outlet of a business establishment to which effluent
standards apply, he or she may order the person to improve, within a prescribed
period, the structure, or the method of operation of the specified facility, or
the method of disposal of generated gas or waste water or fluid discharge
relating to the specified facility concerned, or he or she may order the temporary suspension of the operation
of the specified facility concerned.
2.
The provisions of Paragraphs 2 and 3 of Article 20 shall apply correspondingly
to the orders prescribed in the preceding Paragraph.
3.
In the case the prefectural governor finds that emission gas that fails to
comply with total mass emission control standards is likely to continue to be
released, he or she may order the person who has installed the facility at the
business establishment total mass emission control standards apply which is
releasing the emission gas concerned, to improve, within a prescribed period,
the method of disposal of gas generated by the business establishment concerned
or to take other necessary measures.
4.
The provisions of the preceding Paragraph shall not apply to a factory or business
establishment which has newly become a business establishment subject to total
mass emission control standards as a result of a revision of the Cabinet Order
stated in Paragraph 2 of Article 2, a revision of the Order of the Prime
Minister's Office stated in Paragraph 1 of Article 8, or a revision of the
Cabinet Order stated in Paragraph 1 of Article 10, for one (1) year after the
factory or business establishment concerned becomes a business establishment
subject to total mass emission control standards.
(Measures in Case of Accidents)
Article 23
Any
person who has installed a specified facility shall make efforts to take
emergency measures immediately and try to take recovery measures promptly when
a large amount of dioxins is released into the air or public water areas as a
result of the occurrence of failure, damage, and other accidents of a specified
facility.
2.
In case of an accident referred to in the preceding Paragraph, the person
referred to in the said Paragraph shall immediately report the circumstances of
the accident to the prefectural governor. However, this shall not apply to
cases where reporting has been conducted in accordance with the provisions of
Paragraph 1 of Article 23 of the Law Concerning the Prevention of Disaster
Related to Petrochemical Complexes (Law No.84 of 1975).
3.
When a prefectural governor finds that an accident mentioned in Paragraph 1 has
adversely affected or is likely to adversely affect the health of residents
around the specified business establishment, he or she may order the person
referred to in Paragraph 1 relating to the accident to take necessary measures
to prevent the expansion or recurrence of the accident.
4.
When a prefectural governor receives a report referred to in the provisions of
Paragraph 2, or issues the order referred to in the preceding Paragraph, he or
she shall report the matter promptly to the Director General of the Environment
Agency.
Section 2 Disposal of Soot and Dust Relating to Waste Incinerators, etc.
(Disposal of Soot and Dust Relating to
Waste Incinerators)
Article 24
In
the case soot and dust, incineration ash, and other cinders discharged from a
waste incinerator designated as a specified facility and collected by a dust
collector of the specified facility concerned are disposed (including being
recycled), such disposal shall be made so that the amount of dioxins contained
in the soot and dust, incineration ash, and other cinders concerned is within
the standards established by Ordinance of the Ministry of Health and Welfare.
2.
With respect to soot and dust, incineration ash, and other cinders discharged
from a waste incinerator designated as a specified facility and collected by a
dust collector of the specified facility concerned, the
"explosiveness" in Paragraph 3 of Article 2 of the Waste Disposal and
Public Cleansing Law (Law No.137 of 1970) shall be replaced by the
"explosiveness of cinders and others relating to a waste incinerating
facility", the "explosiveness" in Paragraph 5 of the said
Article shall be replaced by the "explosiveness of dust, incineration ash,
and other cinders discharged from a waste incinerator designated as a specified
facility and collected by a dust collector of the waste incineration
facility", the "standards are" in Paragraph 3 of Article 6-2 of the
said law shall be replaced by "standards, other than those stipulated in
Paragraph 1 of Article 24 of the Law Concerning Special Measures Against
Dioxins (Law No. 105 of 1999), are", and "Cabinet Order" in
Paragraph 1 of Article 12-2 of the said Law shall be replaced by "Cabinet
Order, other than stipulated in Paragraph 1 of Article 24 of the Law Concerning
Special Measures Against Dioxins", and the provisions of the said Law
shall be applied.
(Maintenance and Management of Final
Landfill Site of Waste)
Article 25
Final
landfill sites for waste shall be maintained and managed in accordance with the
standards established by Order of the Prime Minister's Office and Ordinance of
the Ministry of Health and Welfare, so as to prevent dioxins from polluting the
air, public water areas, groundwater, and soil.
2.
With respect to final disposal sites of waste, "Order of the Prime
Minister's Office and Ordinance of the Ministry of Health and Welfare" in
Article 8-3 of the Waste Disposal and Public Cleansing Law shall be replaced by
"Order of the Prime Minister's Office and Ordinance of the Ministry of
Health and Welfare (including Order of the Prime Minister's Office and
Ordinance of the Ministry of Health and Welfare in Paragraph 1 of Article 25 of
the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999). The
same shall apply to Paragraph 5 of Article 5 and Article 15-2-2.)", and
the provisions of the said Law shall be applied.
Chapter 4 Surveys of the Level of Pollution Caused by Dioxins, etc.
(Monitoring and Surveillance)
Article 26
Prefectural
governors shall monitor and survey from time to time the level of pollution of
the air, water (including bottom sediment. The same shall apply hereinafter),
and soil caused by dioxins in the areas under the jurisdiction of the
prefectures concerned.
2.
Prefectural governors shall report the results of the monitoring and
surveillance referred in the preceding Paragraph to the Director General of the
Environment Agency.
(Surveys and Measurements by the Prefectural
Governors, etc.)
Article 27
Prefectural
governors shall, in consultation with the heads of local administrative
agencies of the national government and the heads of local governments, conduct
surveys and measurements of the status of pollution of the air, water, and soil
caused by dioxins in the areas under the jurisdiction of the prefecture
concerned.
2.
The national government and local governments shall conduct surveys and
measurements on the basis of the results of the consultation referred to in the
preceding Paragraph and send the results to prefectural governors.
3.
Prefectural governors shall publicly announce the results of surveys and
measurements referred to in Paragraph 1 and the results of surveys and
measurements which are received in accordance with the provisions of the
preceding Paragraph.
4.
To survey and measure the status of soil contamination by dioxins, head of a national
administrative agency or prefectural governors may, when necessary, and to the
extent necessary, have their personnel enter the premises and conduct surveys
and measurements of the soil and other items, or collect the minimum amount of
the soil and other items required to conduct the surveys and measurements,
without providing recompense.
5.
The personnel entering the premises in accordance with the provisions of the
preceding Paragraph shall carry identification showing their identity and
present it to the relevant persons.
(Measurement by Person Who Has
Installed a Facility)
Article 28
Any
person who has installed a facility to which gas emission standards apply or a
business establishment to which effluent standards apply shall measure the
status of pollution caused by dioxins in accordance with a Cabinet Order, as
frequently as designated by Cabinet Order but not less than once a year, with
respect to emission gas discharged from the concerned facility to which gas
emission standards apply or effluent discharged from the concerned business
establishment to which effluent standards apply.
2.
In the case that the measurement referred to in the preceding Paragraph is
conducted relating to a waste incinerator that is designated as a specified
facility, the status of pollution caused by dioxins shall be also measured in
accordance with a Cabinet Order with
respect to soot and dust, incineration ash, and other cinders discharged from
them and collected by dust collectors.
3.
Any person who has installed a facility to which gas emission standards apply
or a business establishment to which effluent standards apply, shall report the
results to the prefectural governor, after carrying out the measurement in
accordance with the provisions of the preceding two Paragraphs.
4.
The prefectural governor shall publicly announce the reported results of
measurement referred to in Paragraphs 1 and 2, after receiving the report in
accordance with the provisions of the preceding Paragraph.
Chapter 5 Measures against Soil Contamination by Dioxins
(Designation of Controlled Areas)
Article 29
Prefectural
governors shall be able to, within the territory under the jurisdiction of the
prefecture concerned, designate as the controlled areas against soil
contamination by dioxins (hereinafter referred to as "controlled
areas"), the areas where the status of soil contamination by dioxins fails
to comply with standards for soil contamination referred to in Article 7, and
satisfies the conditions established by Cabinet Order as being necessary to
conduct the removal, etc., of contamination by dioxins..
2.
When attempting to enact, or revise or abolish a draft of, the Cabinet Order stipulated in the
preceding Paragraph, the Prime Minister must hear the opinions of the Central
Environment Council.3. When attempting to designate the controlled areas, prefectural
governors shall hear the opinions of the Council set forth in the provisions of
Article 43 of the Basic Environment Law , other council organizations, and
heads of relevant municipalities.
4.
After designating controlled areas, the prefectural governors shall, without
delay, publicly announce the designation, report it to the Director General of
the Environment Agency, and notify the heads of relevant municipalities, in
accordance with an Order of the Prime Minister's Office.
5.
The heads of municipalities may request prefectural governors to designate as
controlled areas certain areas under the jurisdiction of the municipalities
concerned which are applicable to the requirements set forth by the Cabinet
Order stipulated in Paragraph 1.
(Modification of the Controlled Areas)
Article 30
When
the necessity arises due to any changes of the conditions which resulted in the
designation of a controlled area, the prefectural governor may modify the
territory of the controlled area or cancel the designation.
2.
The provisions of Paragraphs 3 and 4 in the preceding Article apply
correspondingly to the modification of territory of a controlled area or the
cancellation of the designation, pursuant to the provisions of the preceding
Paragraph.
(Plans of Measures Against Soil
Contamination by Dioxins)
Article 31
Prefectural
governors shall, without delay, establish Plans of Measures Against Soil
Contamination by Dioxins (hereinafter referred to as "Plans of
Measures") after designating controlled areas.
2.
Of the following Items, the necessary information shall be included in the
Plans of Measures:
(1)
Of the following items, the necessary information according to the status of
land use within the controlled areas, pursuant to Cabinet Order:
a.
Information concerning the implementation of projects relating to the removal
of soil contaminated by dioxins
b.
Information concerning the implementation of projects necessary for preventing
damage to human health connected with land use relating to soil which is
contaminated by dioxins, and other necessary measures
(2)
Information concerning the implementation of projects to prevent soil
contamination by dioxins
3.
When attempting to establish the Plans of Measures, prefectural governors shall
hear the opinions of heads of relevant municipalities, and hold public hearings
to hear the opinions of residents in the controlled areas.
4.
When attempting to establish the Plans of Measures, prefectural governors shall
discuss the plans in advance with, and obtain the approval of, the Prime
Minister.
5.
The Prime Minister shall consult the heads of relevant administrative bodies,
before giving the approval referred to in the preceding Paragraph.
6.
After establishing the Plans of Measures, prefectural governors shall, without
delay, publicly announce their outlines and notify the heads of relevant
municipalities.
7.
The provisions of the Pollution Control Public Works Cost Allocation (Law No.
133 of 1970) shall apply to projects based on the Plans of Measures, in the
case a causal relation is clear, between the discharge of dioxins by a business
establishment and soil contamination by dioxins, based on scientific knowledge.
(Modifications to the Plan of Measures)
Article 32
Prefectural
governors may modify the Plans of Measures, when such modification is
considered necessary as a result of a change in the territory of a controlled
area or a change, etc., in the status of soil contamination of the premises
caused by dioxins on land within a controlled area.
2.
The provisions of Paragraphs 3 through 6 in the preceding Article shall apply
correspondingly to a modifications of the Plans of Measures (excluding slight
changes set forth by an Order of the Prime Minister's Office) pursuant to the
provisions of the preceding Paragraph.
Chapter 6 Government Plan for the Reduction of Dioxin Emissions
Article 33
The
Prime Minister shall establish a plan to reduce dioxins released as a result of
business activities in Japan.
2.
The plan referred to in the preceding Paragraph shall provide the information
in the following Items:
(1)
Reduction targets relating to the estimated amount of dioxin emissions
categorized by type of business activity in Japan
(2)
Information relating to measures to be taken by businesses to achieve the
reduction targets provided in the preceding Item
(3)
Information relating to measures to be taken by the national government and
local governments to promote the recycling and reuse of resources, and to reduce waste which is a
cause of the generation of dioxins
(4)
Other necessary information relating to the reduction of dioxins released as a
result of business activities in Japan
3.
When the Prime Minister is attempting to establish the plan referred to in
Paragraph 1, the said plan shall be deliberated by the Conference on
Environmental Pollution Control.
4.
The Prime Minister shall, without delay, make public announcement after
establishing the plan referred to in Paragraph 1.
5.
The provisions stipulated in the preceding two Paragraphs shall apply
correspondingly to modifications of the plan referred to in Paragraph 1.
Chapter 7 Miscellaneous Provisions
(Reporting and Inspection)
Article 34
The
Director General of the Environment Agency or prefectural governors may, to the
extent necessary to enforce this Law, request any person who has installed a
specified facility to report on the condition of the facility and other
necessary information, or have their personnel enter a specified business
establishment to inspect the specified facility and other items, in accordance
with a Cabinet Order.
2.
The collection of reports by the Director General of the Environment Agency or
on-the-spot inspections by his or her personnel referred to in the preceding
Paragraph shall be conducted in cases deemed to be urgently required to prevent
damage to human health resulting from air, water, or soil pollution by dioxins.
3.
The personnel conducting on-the-spot inspections in accordance with the
provisions of Paragraph 1 shall carry identification showing their identity and
present it to the relevant persons.
4.
The authority to conduct on-the-spot inspections in accordance with the
provisions of Paragraph 1 shall not be interpreted as having been recognized to
be for a criminal investigation.
(Exclusions)
Article 35
For any person referred in the top column of the following table, the provisions referred in the bottom column of the said table shall not apply , with regard to facilities or business establishments referred in the middle column of the said table. These persons shall be pursuant to the corresponding provisions of the Mine Safety Law (Law No. 70 of 1949), the Electric Utility Industry Law (Law No. 170 of 1964), the Gas Utility Industry Law (Law No. 51 of 1954), or the Law Relating to the Prevention of Marine Pollution and Maritime Disasters (Law No. 136 of 1970).
(1)
Any person who releases emission gas from a building, structure, and other
specified facilities prescribed in Paragraph 1 of Article 8 of the Mine Safety
Law, installed in a mine prescribed in the text of Paragraph 2 of Article 2 of
the said Law (hereinafter referred to as "mine facility") or who
discharges effluent from a mine prescribed in the text of Paragraph 2 of
Article 2 of the said Law, which has installed a mine facility designated as a
specified facility:
In
the case of a facility to which gas emission standards apply, the specified
facility concerned, and in the case of a facility subject to effluent
standards, the mine concerned:
Articles
12 through 19, Paragraphs 1 and 3 of Article 22, and Article 23.
(2)
Any person who releases emission gas from an electrical structure prescribed in
Item (14) of Paragraph 1 of Article 2 of the Electric Utility Industry Law
(hereinafter referred to as "electrical structure") designated as a
specified facility or discharges effluent from a factory or business establishment
which has installed an electrical structure designated as a specified facility:
The
specified facilities concerned:
Articles
12 through 19, Paragraphs 1 and 3 of Article 22, and Paragraphs 2 through 4of
Article 23.
(3)
Any persons who releases emission gas from a gas structure which is designated
as a specified facility prescribed in Paragraph 12 of Article 2 of the Gas
Utility Industry Law:
The
specified facilities concerned:
Articles
12 through 19, Paragraphs 1 and 3 of Article 22, and Paragraphs 2 through 4 of
Article 23.
(4)
Any person who releases effluent from a factory or business establishment with
a waste oil disposal facility prescribed in Item (14) of Article 3 of the Law
Relating to the Prevention of Marine Pollution and Maritime Disasters
(hereinafter referred to as "waste oil disposal facility"), which is
designated as a specified facility:
The
specified facilities concerned:
Article
12 through 19, Paragraph 1 and 3 of Article 22, and Article 23.
(5)
Any person who discharges effluent from factories or business establishments
installing specified facilities which are marine facilities stipulated in
Paragraph 3, Article 38 of the Law Relating to the Prevention of Marine
Pollution and Maritime Disasters (excluding waste oil disposal facilities):
The
specified facilities concerned:
Article
23.
2.
When the heads of the administrative bodies of the national government who have
the authority by the Laws prescribed in the preceding Paragraphs (hereinafter
referred to simply as "heads of administrative bodies" in this
Article) receive requests for permission or approval, or notification
concerning a specified facility provided in the preceding Paragraph pursuant to
the provisions of the Mine Safety Law, the Electric Utility Industry Law, or
the Gas Utility Industry Law, which correspond to the provisions of Articles
12, 14, 18, or Paragraph 3 of Article 19, they shall inform the prefectural
governor who has jurisdiction over the location of the factory or business
establishment installing the special facility concerned of the information
relating to the request for permission or approval, or the notification.
3.
When prefectural governors find that dioxins contained in emission gas or
effluent relating to a special facility prescribed in Article 1 are likely to
cause damage to human health, they may request the heads of administrative
bodies to take measures under the provisions of the Mine Safety Law, the
Electric Utility Industry Law, or the Gas Utility Industry Law which correspond
to the provisions of Articles 15, 16 or Paragraphs 1 or 3 of Article 22 (in
case of the Law Relating to the Prevention of Marine Pollution and Maritime
Disasters, the provisions of the said Law which correspond to the provisions of
Articles 15 or 16).
4.
When the heads of administrative bodies take measures in response to the
request made under the provisions of the preceding Paragraph, they shall inform
the prefectural governors concerned of the measure.
(Requests for Submission of Documents,
etc.)
Article 36
The
Director General of the Environment Agency may request the heads of relevant
local governments to submit the necessary information or provide explanations,
when deemed necessary in order to achieve the aims of this Law.
2.
Prefectural governors may request the heads of relevant administrative bodies
or the heads of relevant local governments to provide information or offer
cooperation with respect to the condition, etc., of specified facilities, or
express their opinions with respect to the prevention or removal, etc., of
environmental pollution by dioxins, when deemed necessary in order to achieve
the aims of this Law.
(Directions by the Director General of
the Environment Agency)
Article 37
The
Director General of the Environment Agency may, when deemed urgently necessary
to prevent damage to human health by pollution of air, water, or soil by
dioxins, provide the necessary directions to prefectural governors or the heads
of cities (including special districts) prescribed by the Cabinet Order
referred to in Paragraph 1 of Article 41 with respect to the following
administrative matters:
(1)
Administrative matters relating to the orders provided for in Articles 15 and
16, Paragraphs 1 and 3 of Article 22, and Paragraph 3 of Article 23
(2)
Administrative matters relating to the designation provided for in Paragraph 1
of Article 29 and the modification or cancellation provided for in Paragraph 1
of Article 30
(3)
Administrative matters relating to the request provided for in Paragraph 3 of
Article 35
(4)
Administrative matters relating to requesting cooperation or expressing opinion
provided for in Paragraph 2 of the preceding Article.
(Government Assistance)
Article 38
The
national government shall make efforts to provide the necessary financial aid,
technical assistance, and other support in order to prevent environmental
pollution caused by dioxins resulting from business activities at factories or
business establishments, or establish or improve facilities to remove such
pollution.
(Promotion of Research, etc.)
Article 39
The
national government shall make efforts to promote research concerning
technologies for the disposal of dioxins and the effects of dioxins on human
health, or other research on the prevention and removal, etc., of environmental
pollution by dioxins, and disseminate the results of such research.
(Transitional Measures)
Article 40
In
formulating, revising, or abolishing an order pursuant to the provisions of
this Law, the national government may establish certain transitional measures
(including transitional measures concerning penalties) within the extent deemed
reasonably necessary for the said formulation, revision, or abolishment.
(Administrative Tasks Conducted by the
Heads of Cities Established by Cabinet
Order)
Article 41
A
portion of the administrative tasks that fall under the authority of
prefectural governors according to the provisions of this Law, may be conducted
by the heads of cities designated by Cabinet Order (including special
districts. The same shall apply in the following Paragraph), in accordance with
a Cabinet Order.
2.
The heads of cities designated by Cabinet Order stipulated in the preceding
Paragraph shall provide the prefectural governors with information which is
required for the enforcement of this Law and prescribed by Order of the Prime
Minister's Office.
(Division of Administrative Tasks)
Article 42
Of
administrative tasks to be processed by prefectures pursuant to the provisions
of this Law, those to be processed in accordance with the provisions of
Paragraph 1 of Article 10 (excluding those relating to the formulation of the
emission reduction plan) and those to be processed in accordance with the
provisions of Paragraphs 2 and 3 of the said Article and Article 26, shall fall
under the Item (1) statutory commissioned administrative service prescribed in
Item (1) of Paragraph 9 of Article 2 of the Local Autonomy Law (Law No. 67 of
1947).
(Relationship with Ordinances)
Article 43
The
provisions of this Law shall not prevent local governments from establishing
the necessary regulations by ordinances, with regard to matters relating to
emissions of dioxins contained in exhaust released into the air by a facility
to which gas emission standards do not apply, or water discharged by a factory
or business establishment to which effluent standards do not apply.
Chapter 8 Penalties
Article 44
Any
person who fails to obey an order issued under the provisions of Article 15,
Article 16, or Paragraph 1 or 3 of Article 22 shall be subject to imprisonment
of not more than one (1) year or a fine of not more than 1,000,000 yen.
Any
person to whom any one of the following Items applies shall be subject to
imprisonment of not more than six (6) months or a fine of not more than 500,000
yen.
(1)
Any person who violates the provisions of Paragraph 1 of Article 20 or
Paragraph 1 of Article 21.
(2)
Any person who violates an order issued under the provisions of Paragraph 3 of
Article 23.
2.
Any person who, by negligence, commits the criminal act referred to in Item (1)
of the preceding Paragraph shall be subject to confinement of not more than
three (3) months or a fine of not more than 300,000 yen.
3.
With regard to the violation referred
to in Item (1) of Paragraph 1 and the preceding Paragraph, the person who
committed the violation concerned shall be penalized, only in cases where
prefectural governors have their personnel conduct on-the-spot inspection of
the facility relating to the violation concerned, within three (3) months after
the date of the violation concerned, pursuant to the provisions of Paragraph 1
of Article 34, and where, in the on-the-spot inspection concerned, the result
of measurement conducted according to the methods provided by Order of the
Prime Minister's Office do not comply with the emission standards or the total
mass emission control standards.
Any
person who fails to provide notification as required under the provisions of
Paragraph 1 of Article 12 or Paragraph 1 of Article 14 or submits a false
notification shall be subject to imprisonment of not more than three (3) months
or a fine of not more than 300,000 yen.
Any
person to whom any one of the following Items applies shall be subject to a
fine of not more than 200,000 yen.
(1)
Any person who fails to provide notification as required under the provisions
of Paragraph 1 of Article 13 or submits a false notification
(2)
Any person who violates the provisions of Paragraph 1 of Article 17
(3)
Any person who fails to provide notification as required under the provisions
of Paragraph 1 of Article 34 or submits a false notification, or refuses,
obstructs or evades an inspection conducted under the provisions of the said
Paragraph.
In
the case the representative of a corporation, or a corporation, or representative, employee or other
personnel of a person commits a violation referred to in the four preceding
Articles with respect to the business the said corporation or person, not only
the violator but also the corporation or the person employing that person shall
be fined as stipulated in said Articles.
Any
person who fails to provide notification as required or submits a false
notification under the provisions of Paragraph 2 of Article 13, Article 18, or
Paragraph 3 of Article 19 shall be fined not more than 100,000 yen.
Supplementary Provisions
(Date of Enforcement)
Article 1
This
Law shall be enforced within less than six (6) months after the date of the
promulgation and the date of enforcement shall be determined by Cabinet Order,
except for the provisions referred to in the following Items, which shall be
enforced on the date provided for in each Item concerned.
(1)
Provisions in Paragraph 2 of Article 26, Paragraph 2 of Article 34, Article 37,
and Article 42, and Article 5 of Supplementary Provisions shall be enforced on
April 1, 2000.
(2)
Provisions of Article 10 of Supplementary Provisions revising the Law
Concerning Pollution Prevention Organization in Designated Factories (Law No.
107 of 1971) which add Item (1) to Paragraph 1 of Article 3 and Item (1) to
Paragraph 1 of Article 4 of the said Law, shall be enforced two (2) years after
the day of the promulgation.
(Review)
Article 2
The
Government shall promote research and study of bromine-base dioxins with regard
to the extent of their effects on human health, the process of generation,
etc., and take necessary measures based on the results.
2.
The state of regulations for dioxins shall, pursuant to the aims of this Law,
be reviewed based on the level achieved by
scientific knowledge at a given point in time (in the following
Paragraph referred to simply as the "scientific knowledge"), and
necessary measures such as revisions shall be taken according to the results of
the review.
3.
In consideration of the health risk and accumulation of dioxins in food,
measures against dioxins shall be reviewed based on scientific knowledge, and
necessary measures shall be taken according to the results of the review.
In
consideration of the characteristics involved in the generation process of dioxins, the Government shall review
the regulations regarding the structure, maintenance and management of
small-scale waste incinerators and the state of regulations for incineration of
waste that is not conducted using waste incineration facilities, and take the
necessary measures according to the results of the review.
(Transitional Measures)
Article 4
Until
March 31, 2000, the Council established
pursuant to the provisions of Article 43 of the Basic Environment Law (Law
No.91 of 1993), other council organizations in Paragraph 2 of Article 11
and "the Council set forth in the
provisions of Article 43 of the Basic Environment Law , other council
organizations" in Paragraph 3 of Article 29 shall be replaced by "
Prefectural Environment Councils";
"shall discuss the plans in advance with, and obtain the approval
of, the Director General of the Environment Agency " in Paragraph 3 of
Article 11 shall be replaced by "shall report the matters provided in each
Item of Paragraph 1 to the Director General of the Environment Agency, pursuant
to an Order of the Prime Minister's Office. In this case, the Director General
of the Environment Agency may, on receiving the report concerned, provide
necessary advice or recommendations concerning the formulation of the plan concerned";
" discuss the plan in advance with, and obtain the approval of, the Prime
Minister" in Paragraph 4 of Article 31 shall be replaced by "obtain
the Prime Minister's approval"; "The Director General of the
Environment Agency or prefectural governors" in Paragraph 1 of Article 34
shall be replaced by "the prefectural governors"; and "cities
designated by Cabinet Order (including special districts. The same shall apply
in the following Paragraph)" in Paragraph 1 of Article 41 shall be
replaced by "cities designated by Cabinet" and "conducted
by" in the said Paragraph shall be replaced by "delegated to".
2.
In the case notification has been made under the provisions of Paragraph 3 of
Article 11 (including the case where Paragraph 6 of the said Article is applied
correspondingly) which shall be applied until March 31, 2000 by replacing the
provisions of the preceding Paragraph, the total mass emission reduction plan
relating to the notification concerned under Paragraph 1 of Article 10 shall,
after April 1 of the same year, be deemed as the total mass emission reduction
plan provided for in Paragraph 1 of Article 10
which has been approved under the provisions of Paragraph 3 of Article
11 (including the case where Paragraph 6 of the said Article is applied correspondingly).
(Partial Revision of the Local Autonomy
Law)
Article 5
Part
of the Local Autonomy Law shall be revised as follows:
The
following shall be added to (1) of Table:
Law
Concerning Special Measures Against Dioxins (Law No. 105 of 1999):
Administrative
matters to be processed by prefectures under the provisions of this Law, which
shall be processed under the provisions of Paragraph 1 of Article 10 (excluding
those relating to the formulation of total mass emission reduction plan) and
those to be processed under the provisions of Paragraphs 2 and 3 of the said
Article and Article 26.
(Partial Revision of the Law on Finance
and Other Assistance for Small Business)
Article 6
Part
of the Law on Finance and Other Assistance for Small Business (Law No. 115 of
1956) shall be revised as follows:
In
article 5, ", facilities for the prevention of the discharge of dioxins
(dioxins referred to in Paragraph 1 of the said Article) from specified
facilities under the provisions of Paragraph 2 of Article 2 of the Law
Concerning Special Measures Against Dioxins
(Law No. 105 of 1999)" shall be added after "facilities for
the prevention of discharge".
(Partial Revision of the Sewerage Law)
Article 7
Part
of the Sewerage Law (Law No. 79 of 1958) shall be revised as follows:
In
Paragraph 2 of Article 11-2, "or facilities subject to effluent standards
provided for in the provisions of Item (6) of Paragraph 1 of Article 12 of the
Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999)"
shall be added after "specified facilities provided for".
(Partial Revision of the Pollution
Control Public Works Cost Allocation Law)
Article 8
Part
of the Pollution Control Public Works Cost Allocation Law shall be revised as
follows:
In
Item (3) of Paragraph 2 of Article 2, "or agricultural facilities"
shall be replaced by "or agricultural facilities or land whose soil is
polluted by dioxins (dioxins referred to in Paragraph 1 of Article 2 of the Law
Concerning Special Measures Against Dioxins (Law No. 105 of 1999)".
(Partial Revision of the Law on Special
Financial Arrangement by the Government for Public Pollution Control Projects)
Article 9
Part
of the Law on Special Financial Arrangement by the Government for Public
Pollution Control Projects (Law No. 70 of 1971) shall be revised as follows:
In
Paragraph 3 of Article 2, Item (8) shall be changed to Item (9), Item (7) shall
be changed to Item (8), and the following Item shall be added after Item (6):
(7)
Top-soil replacement projects carried out relating to land whose soil is
polluted by dioxins (dioxins referred to in Paragraph 1 of Article 2 of the Law
Concerning Special Measures Against Dioxins (Law No. 105 of 1999). The same
shall apply hereinafter.) and other projects provided for by Cabinet Order to
prevent or remove pollution caused by dioxins.
In
Paragraph 3 of Article 3, "Item (7)" shall be replaced by "Item
(8)".
In
the Table the text,
"Top-soil
replacement projects and facility reconstruction projects under Item (6) of
Paragraph 3 of Article 2 and other land improvement projects provided for by
Cabinet Order:
Percentage
provided for by Cabinet Order that is not less than 50% but not more than 55%."
shall
be replaced by
"Top-soil
replacement projects and facility reconstruction projects under Item (6) of
Paragraph 3 of Article 2 and other land improvement projects provided for by
Cabinet Order:
Percentage
provided for by Cabinet Order that is not less than 50% but not more than 55%."
"Top-soil
replacement projects under Item (7) of Paragraph 3 of Article 2 and other
projects provided for by Cabinet Order for the prevention, removal, etc., of
pollution caused by dioxins:
Percentage
provided for by Cabinet Order that is not less than 50% but not more than 55%.";
"Item
(7) of Paragraph 3 of Article 2" shall be replaced by "Item (8) of
Paragraph 3 of Article 2"; and "Item (8) of Paragraph 3 of Article
2" shall be replaced by "Item (9) of Paragraph 3 of Article 2".
(Partial Revision of the Law Concerning
Pollution Prevention Organization in Specified Factories)
Article 10
Part
of the Law Concerning Pollution Prevention Organization in Specified Factories
shall be revised as follows:
In
Item (2) of Article 2, "The same shall be applied hereinafter" shall
be replaced by "the same shall be applied to (a) and (b) of Item (2) of
Paragraph 1 of Article 3" and the following Item shall be added to the
said Article:
(7)
Factories which have installed facilities that generate and release dioxins
(dioxins referred to in Paragraph 1 of Article 2 of the Law Concerning Special
Measures Against Dioxins (Law No. 105 of 1999). The same shall apply
hereinafter.) into the air or release waste water or fluid discharge containing
dioxins (hereinafter referred to as "dioxin generating facilities")
and are designated by Cabinet Order
The
following Item shall be added to Paragraph 1 of Article 3.
(7)
For designated factories under Item (7) of the preceding Article, the following
business:
a.
Matters concerning the monitoring of operational methods of the dioxin
generating facility, the maintenance and operation of facilities and their
attached facilities to dispose of generated gas provided for in Item (6) of
Paragraph 1 of Article 12 of the Law Concerning Special Measures Against
Dioxins, generated by a dioxin generating facility, or to dispose of waste
water or fluid discharged from the dioxin generating facility
.b
Matters concerning the measurement and keeping of records of the level of
dioxins contained in emission gas provided for in Paragraph 3 of Article 2 of
the Law Concerning Special Measures Against Dioxins (hereinafter referred to as
"emission gas") or effluent
c
Other necessary matters for the prevention of pollution by dioxins which are
established by Ordinance of the competent ministry
The
following Item shall be added to Paragraph 1 of Article 4.
(7)
With regard to specified factories under Item (7) of Article 2, the
implementation of the measurement of the level of dioxins contained in emission
gas or effluent and other technical matters established by Ordinance of the
competent ministry included in matters referred to in Item (7) of Paragraph 1
of the preceding Article
In
Article 10, "or the Law Concerning Special Measures Against Dioxins "
shall be added after "the Vibration Regulation Law".
(Partial Revision of the Law Concerning
Special Measures for Conservation of the Environment of the Seto Inland Sea)
Article 11
Part
of the Law Concerning Special Measures for Conservation of the Environment of
the Seto Inland Sea (Law No. 110 of 1973) shall be revised as follows:
In
Paragraph 1 of Article 5, "means a specified facility" shall be
replaced by "means a specified facility or a facility subject to effluent
standards provided for in Item (6) of Paragraph 1 of Article 12 of the Law
Concerning Special Measures Against Dioxins (Law No. 105 of 1999)";
"the said Paragraph" shall be replaced by "Paragraph 2 of
Article 2 of the Water Pollution Control Law"; and "is
installed" shall be replaced by "or a facility subject to effluent
standards provided for in Item (6) of Paragraph 1 of Article 12 of the Law
Concerning Special Measures Against Dioxins is installed".
The
following two Paragraphs shall be added to Article 12.
5.
With regard to the application of the provisions of Articles 12 through 19 and
Paragraphs 2 through 4 of Articles 35 of the Law Concerning Special Measures
Against Dioxins (limited to portions relating to Articles 12, 14 through 16,
18, and 19), the specified facility concerned relating to a person who releases
effluent from a factory or a business establishment installed with a specified
facility in an area provided for in Paragraph 1 of Article 5, shall not be
deemed a facility subject to effluent standards provided for in Item (6) of
Paragraph 1 of Article 12 of the said Law.
6.
With regard to the application of the provisions in Paragraph 1 of Articles 34
of the Law Concerning Special Measures Against Dioxins in the areas provided
for in Paragraph 1 of Article 5, "this Law" in the said Paragraph
shall be replaced by "this Law (including the provisions of Articles 5
through 11 of the Law Concerning Special Measures for Conservation of the
Environment of the Seto Inland Sea (Law No. 110 of 1973)).
(Partial Revision of the Environment
Agency Establishment Law)
Article 12
Portions
of the Environment Agency Establishment Law (Law No. 88 of 1971) shall be
revised as follows:
The
following Item shall be added after Item (15) of Article 4.
(15)-2 Executing administrative matters concerning the enforcement of the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999) which are included in its responsibilities.