Act on Special Measures against Dioxins (Tentative translation)
Chapter I General Provisions (Articles 1 to 5)
Chapter II Standards on Which Policies on Dioxins Should Be Based (Articles 6 and 7)
Chapter III Regulations for Dioxins Emissions, etc.
Section 1 Regulations Concerning Emission Gas and Effluent Pertaining to Dioxins (Articles 8 to 23)
Section 2 Treatment of Soot and Dust, etc. Pertaining to Waste Incinerators, etc. (Articles 24 and 25)
Chapter IV Surveys of the Status of Pollution Caused by Dioxins, etc. (Articles 26 to 28)
Chapter V Measures Pertaining to Soil Polluted by Dioxins (Articles 29 to 32)
Chapter VI National Plan for the Reduction of Dioxin Emissions (Article 33)
Chapter VII Miscellaneous Provisions (Articles 34 to 43)
Chapter VIII Penal Provisions (Articles 44 to 49)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1 The purpose of this Act is, in light of the fact that dioxins are substances that have a risk of causing serious effects on human life and health, to ensure protection of citizens' health by providing for the standards on which policies on dioxins should be based as well as providing for the necessary regulations, measures pertaining to polluted soil, etc., in order to implement prevention and removal, etc. of environmental pollution caused by dioxins.
(Definitions)
Article 2 (1) The term "dioxins" as used in this Act means the following:
(i) polychlorinated dibenzofurans;
(ii) polychlorodibenzo-para-dioxins; and
(iii) coplanar polychlorinated biphenyls.
(2) The term "specified facility" as used in this Act means a facility installed in a factory or a workplace, which is an electric furnace used for steelmaking, a waste incinerator, or any other facility, and which is a facility specified by Cabinet Order that generates and emits dioxins into the air or emits polluted water or waste fluid containing dioxins.
(3) The term "emission gas" as used in this Act means exhaust emitted into the air from a specified facility.
(4) The term "effluent" as used in this Act means water emitted from a factory or a workplace where a specified facility is installed (hereinafter referred to as a "specified workplace") into a public water area (meaning the public water area prescribed in Article 2, paragraph (1) of the Water Pollution Control Act (Act No. 138 of 1970); the same shall apply hereinafter).
(Responsibilities of the State and Local Public Entities)
Article 3 (1) The State shall formulate and implement basic and comprehensive policies for the prevention and removal, etc. of environmental pollution caused by dioxins.
(2) Local public entities shall implement policies for the prevention or removal, etc. of environmental pollution caused by dioxins, in accordance with the natural and social conditions of their respective zones.
(Responsibilities of Businesses Operators)
Article 4 Business operators shall, when carrying out business activities, take the necessary measures for the prevention or removal, etc. of environmental pollution caused by dioxins generated in the course of business activities, and shall cooperate on policies for the prevention or removal, etc. of environmental pollution caused by dioxins which are implemented by the State or local public entities.
(Responsibilities of Citizens)
Article 5 Citizens shall endeavor to prevent environmental pollution caused by dioxins generated in the course of their daily lives, as well as to cooperate on policies for the prevention or removal, etc. of environmental pollution caused by dioxins which are implemented by the State or local public entities.
Chapter II Standards on Which Policies on Dioxins Should Be Based
(Tolerable Daily Intake)
Article 6 (1) In light of the fact that dioxins are chemical substances generated in the course of human activities and do not exist naturally in the environment, the tolerable daily intake (meaning the daily dose of dioxins that can be ingested continuously by a human over a lifetime without the risk of health effects, which is expressed by the amount of 2,3,7,8-tetrachlorodibenzo-para-dioxin), which shall be a guideline for policies on dioxins to be implemented by the State and local public entities, shall be a value specified by Cabinet Order not more than 4 picograms per kilogram of human body weight.
(2) With regard to the value referred to in the preceding paragraph, necessary revisions shall be made based on scientific knowledge, while giving sufficient consideration to international trends concerning assessment of the safety of chemical substances.
(Environmental Quality Standards)
Article 7 With regard to the environmental conditions pertaining to air pollution, water pollution (including pollution of bottom sediment), and soil pollution, the government shall set respective standards which are desirable to be maintained for the protection of human health.
Chapter III Regulations for Dioxin Emissions, etc.
Section 1 Regulations Concerning Emission Gas and Effluent Pertaining to Dioxins
(Emission Standards)
Article 8 (1) Emission standards for dioxins shall be specified by Ordinance of the Ministry of the Environment, according to the type and structure of specified facilities, in consideration of the level of technology for reducing the emission of dioxins contained in emission gas or effluent pertaining to specified facilities.
(2) The emission standards referred to in the preceding paragraph shall be the maximum permissible limit set forth in item (i) with regard to those pertaining to emission gas (hereinafter referred to as "gas emission standards"), and shall be the maximum permissible limit set forth in item (ii) with regard to those pertaining to effluent (hereinafter referred to as "effluent emission standards"):
(i) the maximum permissible limit to be specified for the amount of dioxins contained in emission gas (meaning the amount of dioxins measured by the method specified by Ordinance of the Ministry of the Environment converted into the toxicity of 2,3,7,8-tetrachlorodibenzo-para-dioxin pursuant to the provisions of Ordinance of the Ministry of the Environment; the same shall apply hereinafter); and
(ii) the maximum permissible limit to be specified for the amount of dioxins contained in effluent.
(3) In the case that, judging from its natural and social conditions, there exists any area within a prefecture where the emission standards set forth in paragraph (1) are found to be insufficient for protecting human health, the prefecture may, by a Prefectural Ordinance and pursuant to the provisions of Cabinet Order, set in lieu of the emission standards set forth in said paragraph emission standards that specify a stricter maximum permissible limit than the applicable maximum permissible limit specified by the emission standards set forth in said paragraph, with regard to the amount of dioxins contained in emission gas emitted from specified facilities in such area or in effluent emitted in such area.
(4) The Prefectural Ordinance referred to in the preceding paragraph shall also clarify the extent of the area concerned.
(5) In the case that a prefecture sets emission standards pursuant to the provisions of paragraph (3), the prefectural governor concerned shall notify the Minister of the Environment and any other relevant prefectural governors (limited to the case of setting the emission standards set forth in said paragraph which pertain to effluent) in advance.
(Recommendations Concerning Emission Standards)
Article 9 When the Minister of the Environment finds it particularly necessary for preventing air pollution or water pollution of public water areas by dioxins, he/she may recommend a prefecture to establish emission standards pursuant to the provisions of paragraph (3) of the preceding Article or to modify the emission standards that have been established pursuant to the provisions of said paragraph.
(Total Emission Control Standards)
Article 10 (1) For a zone where specified facilities to which gas emission standards (including emission standards set pursuant to the provisions of Article 8, paragraph (3), which pertain to emission gas; hereinafter the same shall apply in this paragraph) apply (such facilities shall hereinafter be referred to as "facilities subject to gas emission standards") are concentrated, and which is specified by Cabinet Order as a zone where it is difficult to attain the standards set forth in Article 7 which relate to air pollution solely with the gas emission standards (such zone shall hereinafter be referred to as a "designated zone"), a prefectural governor shall prepare a total emission reduction plan, and based on this, set total emission control standards pursuant to the provisions of Ordinance of the Ministry of the Environment, with regard to dioxins emitted into the air from specified workplaces established in said designated zone (hereinafter referred to as a "workplace subject to total emission control standards").
(2) When a prefectural governor finds it necessary, he/she may divide the designated zone concerned into two or more areas and set the total emission control standards set forth in the preceding paragraph for each such area.
(3) A prefectural governor may, with regard to a workplace subject to total emission control standards which has newly installed a facility subject to gas emission standards (including a factory or a workplace which has newly become a workplace subject to total emission control standards through installation or change of the structure, etc. of a specified facility) or a newly established workplace subject to total emission control standards, set special total emission control standards to be applied in lieu of the total emission control standards set forth in paragraph (1), based on the total emission reduction plan set forth in said paragraph, pursuant to the provisions of Ordinance of the Ministry of the Environment.
(4) The total emission control standards set forth in paragraph (1) or the preceding paragraph shall be the maximum permissible limit to be specified, with regard to a workplace subject to total emission control standards, for the total amount of dioxins emitted from the exhaust outlets (meaning smokestacks or any other openings of facilities subject to gas emission standards which are created for discharging emission gas into the air from the facilities; the same shall apply hereinafter) of all facilities subject to gas emission standards which are installed in the workplace subject to the total emission control standards.
(5) Where there is a certain zone which is found to satisfy the requirements of a zone to be specified by the Cabinet Order set forth in paragraph (1), a prefectural governor may make a proposal to that effect to the Minister of the Environment with regard to the planning of the Cabinet Order set forth in said paragraph.
(6) A resident may request the prefectural governor who has jurisdiction over his/her domicile to make the proposal set forth in the preceding paragraph.
(7) When the Minister of the Environment intends to plan enactment, revision or abolition of the Cabinet Order set forth in paragraph (1), he/she shall hear the opinions of the relevant prefectural governors.
(8) A prefectural governor shall give public notice when setting the total emission control standards set forth in paragraph (1) or (3). The same shall apply when modifying or abolishing the standards.
(Total Emission Reduction Plan)
Article 11 (1) The total emission reduction plan referred to in paragraph (1) of the preceding Article shall specify the matters listed in items (iii) and (iv) for the designated zone concerned, pursuant to the provisions of Cabinet Order, by taking into consideration the type and size, etc. of the facilities subject to gas emission standards, with an aim to reduce emissions from the total amount set forth in item (i) to the total amount set forth in item (ii). In this case, where it is necessary, for the purpose of achieving the plan, to divide the designated zone concerned into two or more areas, due to the status of distribution of facilities subject to gas emission standards, the total amount set forth in items (i) and (ii) shall be the total amount of dioxins in each such area:
(i) the total amount of dioxins emitted into the air from all facilities subject to gas emission standards in the designated zone concerned;
(ii) the total amount of dioxins emitted into the air from facilities subject to gas emission standards in the designated zone concerned, calculated pursuant to the provisions of Ordinance of the Ministry of the Environment in light of the standards set forth in Article 7 which related to air pollution;
(iii) the target volume of reduction with regard to the total amount set forth in item (i) (in the case of setting a target volume of reduction as an interim target, this shall include such target volume of reduction); and
(iv) the period and the method for achieving the plan.
(2) When a prefectural governor intends to establish the total emission reduction plan set forth in paragraph (1) of the preceding Article, he/she shall hear the opinions of the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act (Act No. 91 of 1993) and the mayors of the relevant municipalities, and hold a public hearing to hear the opinions of residents of the designated zone.
(3) When a prefectural governor intends to establish the total emission reduction plan set forth in paragraph (1) of the preceding Article, he/she shall consult with the Minister of the Environment and obtain consent thereof in advance.
(4) When a prefectural governor has established the total emission reduction plan set forth in paragraph (1) of the preceding Article, he/she shall give public notice of the matters listed in the items of paragraph (1).
(5) When a need arises due to changes in the conditions of air pollution, etc., in a designated zone, a prefectural governor may modify the total emission reduction plan set forth in paragraph (1) of the preceding Article.
(6) The provisions of paragraphs (2) through (4) shall apply mutatis mutandis to modification of a plan under the provisions of the preceding paragraph.
(Notification of the Establishment of a Specified Facility)
Article 12 (1) A person who intends to establish a specified facility shall notify the prefectural governor of the following matters, pursuant to the provisions of Ordinance of the Ministry of the Environment:
(i) the person's name and address, and in the case of a juridical person, the name of the representative thereof;
(ii) the name and location of the specified workplace;
(iii) the type of the specified facility;
(iv) the structure of the specified facility;
(v) the method of use of the specified facility; and
(vi) in the case of a facility subject to gas emission standards, the method of treatment of generated gas (meaning the gas generated by a facility subject to gas emission standards; the same shall apply hereinafter), and in the case of a specified facility pertaining to effluent emission standards (including emission standards set pursuant to the provisions of Article 8, paragraph (3), which pertain to effluent) (such facility shall hereinafter be referred to as a "facility targeted for effluent emission standards"), the method of treatment of polluted water or waste fluid emitted from said facility targeted for effluent emission standards.
(2) Notification under the provisions of the preceding paragraph shall have attached thereto a document stating the amount of emission of dioxins (in the case of a facility subject to gas emission standards, it shall be the amount of dioxins contained in the emission gas, and in the case of a facility targeted for effluent emission standards, it shall be the amount of dioxins contained in the effluent from the specified workplace where the facility targeted for effluent emission standards is installed (hereinafter referred to as the "workplace subject to effluent emission standards")) estimated based on the type or structure of the specified facility, the method of treatment of generated gas, polluted water, or waste fluid, or other factors, and stating other matters specified by Ordinance of the Ministry of the Environment.
(Transitional Measures)
Article 13 (1) A person who, at the time when a facility becomes a specified facility, already has said facility installed (including a person who is carrying out the installation work; the same shall apply in the following paragraph) and is discharging emission gas or effluent shall, pursuant to the provisions of Ordinance of the Ministry of the Environment, notify the prefectural governor of the matters listed in the items of paragraph (1) of the preceding Article, within thirty days from the day on which said facility becomes a specified facility.
(2) The persons listed in the left column of the following table shall, pursuant to the provisions of Ordinance of the Ministry of the Environment, notify the prefectural governor of the matters listed respectively in the middle column of said table within thirty days from the days specified respectively in the right column of said table.
|A person who, at the time when a facility targeted for to effluent emission standards becomes a facility subject to gas emission standards, already has said facility installed|The matter set forth in paragraph (1), item (vi) of the preceding Article pertaining to the person's generated gas|The day on which the person's facility targeted for effluent emission standards becomes a facility subject to gas emission standards|
|A person who, at the time when a facility subject to gas emission standards becomes a facility targeted for effluent emission standards, already has said facility installed|The matter set forth in paragraph (1), item (vi) of the preceding Article pertaining to the person's polluted water or waste fluid|The day on which the person's facility subject to gas emission standards becomes a facility targeted for effluent emission standards|
(3) The provisions of paragraph (2) of the preceding Article shall apply mutatis mutandis to notification under the provisions of the preceding two paragraphs.
(Notification of Changes in the Structure, etc. of Specified Facilities)
Article 14 (1) When a person who has made notification under the provisions of Article 12, paragraph (1) or paragraph (1) or (2) of the preceding Article intends to change any of the matters listed in Article 12, paragraph (1), items (iv) through (vi) or the matters listed in the middle column of the table set forth in paragraph (2) of the preceding Article pertaining to said notification, he/she shall notify the prefectural governor to that effect pursuant to the provisions of Ordinance of the Ministry of the Environment.
(2) The provisions of Article 12, paragraph (2) shall apply mutatis mutandis to notification under the provisions of the preceding paragraph.
(Order for Amendment of Plans, etc.)
Article 15 In the case where a prefectural governor, upon receiving notification under the provisions of Article 12, paragraph (1) or paragraph (1) of the preceding Article, finds that the amount of dioxins contained in emission gas or effluent, at exhaust outlets of the specified facility in the case of emission gas, or at drain outlets (meaning the places where effluent is emitted; the same shall apply hereinafter) of the workplace subject to effluent emission standards where the specified facility is installed in the case of effluent, relating to the specified facility pertaining to the notification, fails to comply with the emission standards set forth in Article 8, paragraph (1) (in the case where emission standards have been set pursuant to the provisions of paragraph (3) of said Article, this shall include such emission standards; hereinafter simply referred to as "emission standards"), he/she may, within sixty days from the day of receipt of the notification, order the person who has made the notification to modify the plan with regard to the structure or the method of use of the specified facility, or the method of treatment of the generated gas or polluted water or waste fluid relating to the specified facility (including abolition of the plan pertaining to notification under the provisions of paragraph (1) of the preceding Article) or to abolish the plan with regard to the installation of the specified facility pertaining to notification under the provisions of Article 12, paragraph (1).
Article 16 In the case where a prefectural governor, upon receiving notification under the provisions of Article 12, paragraph (1) or Article 14, paragraph (1), finds that the total amount of dioxins emitted from the exhaust outlets of all facilities subject to gas emission standards which are to be installed in the workplace subject to total emission control standards fails to comply with total emission control standards, with regard to a workplace subject to total emission control standards where the facility subject to gas emission standards pertaining to the notification is to be installed (such workplace shall include a factory or a workplace which is to newly become a workplace subject to total emission control standards through installation or change of the structure, etc. of a specified facility; hereinafter the same shall apply in this Article), he/she may, within sixty days from the day of receipt of the notification, order the installing party of the workplace subject to total emission control standards to improve the method of treatment of the generated gas at the workplace subject to total emission control standards, or to take other necessary measures.
(Restrictions on Implementation)
Article 17 (1) A person who has made notification under the provisions of Article 12, paragraph (1) and a person who has made notification under the provisions of Article 14, paragraph (1) shall not install the specified facility pertaining to the notification nor change the structure, the method of use, or the method of treatment of generated gas, polluted water, or waste fluid of the specified facility pertaining to the notification, respectively, until after sixty days have elapsed from the day of receipt of the notification.
(2) In the case where a prefectural governor finds that the contents of the matters pertaining to notification under the provisions of Article 12, paragraph (1) or Article 14, paragraph (1) are reasonable, he/she may shorten the period prescribed in the preceding paragraph.
(Report of Changes in Name, etc.)
Article 18 A person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1) shall, when there is any change to the matter set forth in Article 12, paragraph (1), item (i) or (ii) pertaining to the notification, or when he/she discontinues the use of the specified facility pertaining to the notification, notify the prefectural governor to that effect within thirty days from the day of such change or discontinuance.
(Succession)
Article 19 (1) A person who receives or borrows, from a person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1), the specified facility pertaining to the notification shall succeed to the status of the person who has made the notification pertaining to the specified facility.
(2) In the case where inheritance, a merger, or a split (limited to one involving succession of the specified facility pertaining to the notification) takes place with regard to a person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1), the heir, the juridical person surviving the merger or incorporated through the merger, or the juridical person that has succeeded to the specified facility through the split shall succeed to the status of the person who has made the notification.
(3) A person who, pursuant to the provisions of the preceding two paragraphs, succeeds to the status of a person who has made notification under the provisions of Article 12, paragraph (1) or Article 13, paragraph (1) shall notify the prefectural governor to that effect within thirty days from the day of the succession.
(4) A person who has succeeded to the status of the person who has made notification pursuant to the provisions of paragraph (1) or (2), for all facilities subject to gas emission standards to be installed at a specified workplace, shall succeed to the status of the installing party of the specified workplace, with regard to application of the provisions of Article 16 or Article 22, paragraph (3).
(Restrictions on Emissions)
Article 20 (1) A person who emits emission gas or effluent (hereinafter referred to as "discharging party") shall not emit emission gas or effluent where the amount of dioxins contained in the emission gas or effluent fails to comply with emission standards, at the exhaust outlets of emission gas in the case of a facility subject to gas emission standards and at the drain outlets of the workplace subject to effluent emission standards where the facility targeted for effluent emission standards is installed in the case of a facility targeted for effluent emission standards.
(2) The provisions of the preceding paragraph shall not apply to emission gas emitted from the facility or effluent relating to the facility of a person who, at the time when a facility becomes a specified facility, already has said facility installed (including a person who is carrying out the installation work; the same shall apply in the following paragraph) for one year from the day on which said facility becomes a specified facility; provided, however, that this shall not apply where the factory or the workplace is already a workplace subject to effluent emission standards at the time when the facility becomes a facility targeted for effluent emission standards, and where there exist provisions of an ordinance of a local public entity applicable to said person which are equivalent to the provisions of the preceding paragraph (excluding cases where no punitive provisions exist against violations of said provisions).
(3) Where a person, at the time when a facility targeted for effluent emission standards becomes a facility subject to gas emission standards, already has said facility installed, the provisions of paragraph (1) shall not apply to emission gas emitted from said facility, and where a person, at the time when a facility subject to gas emission standards becomes a facility targeted for effluent emission standards, already has said facility installed, the provisions of paragraph (1) shall not apply to effluent relating to said facility, for one year from the day on which said facility becomes a facility subject to gas emission standards and a facility targeted for effluent emission standards, respectively. In this case, the provisions of the proviso to the preceding paragraph shall apply mutatis mutandis.
(Restrictions on Emissions Pertaining to Total Emission Control Standards)
Article 21 (1) A person who emits emission gas into the air from a workplace subject to total emission control standards shall not emit emission gas in which the total amount of dioxins emitted from the exhaust outlets of all facilities subject to gas emission standards which are installed in the workplace subject to total emission control standards fails to comply with the total emission control standards.
(2) The provisions of the preceding paragraph shall not apply to a person who emits emission gas into the air from a facility subject to gas emission standards installed in a factory or a workplace which has newly become a workplace subject to total emission control standards as a result of a revision of the Cabinet Order set forth in Article 2, paragraph (2), a revision of the Ordinance of the Ministry of the Environment set forth in Article 8, paragraph (1), or a revision of the Cabinet Order set forth in Article 10, paragraph (1), for one year from the day on which the factory or the workplace becomes a workplace subject to total emission control standards.
(Order for Improvement, etc.)
Article 22 (1) In the case where a prefectural governor finds that a discharging party is likely to continuously emit emission gas or effluent that fails to comply with the emission standards, at exhaust outlets of the facility subject to gas emission standards or at the drain outlets of the workplace subject to effluent emission standards which has been installed by said party, he/she may, while specifying a time limit, order said party to improve the structure or the method of use of the specified facility or the method of treatment of generated gas, polluted water, or waste fluid relating to the specified facility, or order the temporary suspension of the use of the specified facility.
(2) The provisions of Article 20, paragraphs (2) and (3) shall apply mutatis mutandis to an order under the provisions of the preceding paragraph.
(3) In the case where a prefectural governor finds that emission gas that fails to comply with total emission control standards is likely to be continuously emitted, he/she may, while specifying a time limit, order the installing party of the workplace subject to total emission control standards pertaining to said emission gas to improve the method of treatment of generated gas at the workplace subject to total emission control standards or to take other necessary measures.
(4) The provisions of the preceding paragraph shall not apply to a factory or a workplace which has newly become a workplace subject to total emission control standards as a result of a revision of the Cabinet Order set forth in Article 2, paragraph (2), a revision of the Ordinance of the Ministry of the Environment set forth in Article 8, paragraph (1), or a revision of the Cabinet Order set forth in Article 10, paragraph (1), for one year from the day on which the factory or the workplace becomes a workplace subject to total emission control standards.
(Measures in Case of Accidents)
Article 23 (1) When a large amount of dioxins is emitted into the air or a public water area as a result of any failure, damage, or any other accident of a specified facility, the person who has installed the specified facility shall immediately take emergency measures and endeavor to achieve prompt recovery from the accident.
(2) In the case referred to in the preceding paragraph, the person prescribed in said paragraph shall immediately inform the prefectural governor of the circumstances of the accident; provided, however, that this shall not apply to a case where the person submits information under the provisions of Article 23, paragraph (1) of the Act on the Prevention of Disaster in Petroleum Industrial Complexes and Other Petroleum Facilities (Act No. 84 of 1975).
(3) In the case where the accident prescribed in paragraph (1) has occurred, if a prefectural governor finds that human health is impaired or is likely to be impaired in the area around the specified workplace pertaining to the accident, he/she may order the person prescribed in paragraph (1) pertaining to the accident to take necessary measures to prevent expansion or recurrence of the accident.
(4) When a prefectural governor receives information under the provisions of paragraph (2) or issues an order under the provisions of the preceding paragraph, he/she shall promptly report to the Minister of the Environment to that effect.
Section 2 Treatment of Soot and Dust, etc. Pertaining to Waste Incinerators, etc.
(Treatment of Soot and Dust, etc. Pertaining to Waste Incinerators)
Article 24 (1) In the case of treating (including recycling) soot and dust, incineration ash, and any other cinders emitted from a specified facility that is a waste incinerator and collected by a dust collector of the specified facility, they shall be treated so that the amount of dioxins contained in the soot and dust, incineration ash, and other cinders is within the standards specified by Ordinance of the Ministry of the Environment.
(2) With respect to soot and dust, incineration ash, and any other cinders emitted from a specified facility that is a waste incinerator and collected by a dust collector of the specified facility, the provisions of the Waste Management and Public Cleansing Act (Act No. 137 of 1970) shall apply, upon which the phrase "general wastes specified by Cabinet Order as those having explosiveness ... human health and living environment" in Article 2, paragraph (3) of said Act shall be deemed to be replaced with "cinders and any other general wastes specified by Cabinet Order as those having explosiveness ... human health and living environment which relate to a waste incinerating facility," the phrase "industrial wastes specified by Cabinet Order as those having explosiveness ... human health and living environment" in paragraph (5) of said Article shall be deemed to be replaced with "cinders and any other industrial wastes specified by Cabinet Order as those having explosiveness ... human health and living environment which relate to a waste incinerating facility," the phrase "standards shall be" in Article 6-2, paragraph (3) of said Act shall be deemed to be replaced with "standards shall be, in addition to those specified in Article 24, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999)," and the term "Cabinet Order" in Article 12-2, paragraph (1) of said Act shall be deemed to be replaced with "Cabinet Order, in addition to those specified in Article 24, paragraph (1) of the Act on Special Measures against Dioxins."
(Maintenance and Management of Final Disposal Sites of Wastes)
Article 25 (1) Final disposal sites of wastes shall be maintained and managed in accordance with the standards specified by Ordinance of the Ministry of the Environment, so as to prevent dioxins from polluting the air, public water areas, groundwater, and soil.
(2) With regard to final disposal sites of wastes, the term "Ordinance of the Ministry of the Environment" in Article 8-3, paragraph (1) of the Waste Management and Public Cleansing Act shall be deemed to be replaced with "Ordinance of the Ministry of the Environment (including the Ordinance of the Ministry of the Environment set forth in Article 25, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999); the same shall apply in Article 15-2-3, paragraph (1))," and the term "with the technical standards specified by the Ordinance of the Ministry of the Environment" in Article 9-5 shall be deemed to be replaced with "with the technical standards specified by the Ordinance of the Ministry of the Environment(including the Ordinance of the Ministry of the Environment set forth in Article 25, paragraph (1) of the Act on Special Measures against Dioxins (Act No. 105 of 1999)"
Chapter IV Surveys of the Status of Pollution Caused by Dioxins, etc.
(Constant Monitoring)
Article 26 (1) A prefectural governor shall constantly monitor the status of pollution of the air, water (including bottom sediment; the same shall apply hereinafter), and soil, caused by dioxins, in the area of the prefecture.
(2) A prefectural governor shall report the results of the constant monitoring set forth in the preceding paragraph to the Minister of the Environment.
(Investigation and Measurement by Prefectural Governors, etc.)
Article 27 (1) A prefectural governor shall, in consultation with the heads of local administrative organs of the State and the heads of local public entities, carry out investigation and measurement of the status of pollution of the air, water, and soil, caused by dioxins, in the area of the prefecture.
(2) The State and local public entities shall carry out investigation and measurement based on the results of the consultation set forth in the preceding paragraph, and send the results of the investigation and measurement to the prefectural governor.
(3) A prefectural governor shall publicize the results of the investigation and measurement set forth in paragraph (1) and the results of investigation and measurement which are received pursuant to the provisions of the preceding paragraph.
(4) When it is necessary for carrying out investigation and measurement of the status of pollution of soil, caused by dioxins, the head of an administrative organ of the State or a prefectural governor may, to the extent necessary, have his/her official enter into the land and carry out investigation and measurement of the soil or any other object, or collect the minimum amount of soil or any other object required for carrying out investigation and measurement, without compensation.
(5) An official making an entry pursuant to the provisions of the preceding paragraph shall carry an identification card and present it to persons concerned.
(Measurement by an Installing Party)
Article 28 (1) An installing party of a facility subject to gas emission standards or a workplace subject to effluent emission standards shall, pursuant to the provisions of Cabinet Order, measure the status of pollution caused by dioxins, as frequently as specified by Cabinet Order not less than once a year, with regard to emission gas emitted from the facility subject to gas emission standards in the case of a facility subject to gas emission standards, and with regard to effluent emitted from the workplace subject to effluent emission standards in the case of a workplace subject to effluent emission standards.
(2) In the case of carrying out the measurement set forth in the preceding paragraph pertaining to a specified facility which is a waste incinerator, the status of pollution caused by dioxins shall be also measured, pursuant to the provisions of Cabinet Order, with regard to soot and dust, incineration ash, and any other cinders emitted from the facility and collected by a dust collector.
(3) When an installing party of a facility subject to gas emission standards or a workplace subject to effluent emission standards carries out measurement pursuant to the provisions of the preceding two paragraphs, the party shall report the results to the prefectural governor.
(4) When a prefectural governor receives a report under the provisions of the preceding paragraph, he/she shall publicize the results of measurement set forth in paragraphs (1) and (2) that have been reported.
Chapter V Measures Pertaining to Soil Polluted by Dioxins
(Designation of Controlled Zones)
Article 29 (1) A prefectural governor may designate, as a zone subject to control of soil pollution caused by dioxins (hereinafter referred to as a "controlled zone"), an area within the prefecture that satisfies the requirement specified by Cabinet Order where the status of soil pollution caused by dioxins fails to comply with the standards set forth in Article 7 which pertain to soil pollution and where removal, etc. of the pollution of soil within the zone, caused by dioxins, is necessary.
(2) When the Minister of the Environment intends to plan enactment, revision, or abolition of the Cabinet Order set forth in the preceding paragraph, he/she shall hear the opinions of the Central Environment Council.
(3) When a prefectural governor intends to designate a controlled zone, he/she shall hear the opinions of the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act and the mayors of the relevant municipalities.
(4) When a prefectural governor designates a controlled zone, he/she shall, without delay, publicize to that effect, report it to the Minister of the Environment, and notify the mayors of the relevant municipalities, pursuant to the provisions of Ordinance of the Ministry of the Environment.
(5) The mayor of a municipality may request the prefectural governor to designate, as a controlled zone, a certain zone within the area of the municipality which satisfies the requirement specified by Cabinet Order as set forth in paragraph (1).
(Modification of the Area of a Controlled Zone, etc.)
Article 30 (1) When a necessity arises due to any change in the fact that was required for the designation of a controlled zone, the prefectural governor may modify the area of the controlled zone which he/she has designated or cancel the designation.
(2) The provisions of paragraphs (3) and (4) of the preceding Article shall apply mutatis mutandis to modification of the area of a controlled zone or cancellation of the designation of a controlled zone under the provisions of the preceding paragraph.
(Plan for Control of Soil Pollution Caused by Dioxins)
Article 31 (1) When a prefectural governor designates a controlled zone, he/she shall establish a plan for control of soil pollution caused by dioxins (hereinafter referred to as a "control plan") without delay.
(2) A control plan shall specify any necessary matters from among the following:
(i) necessary matters concerning any of the following, according to the status of use of land within the area of the controlled zone and pursuant to the provisions of Cabinet Order:
(a) matters concerning the implementation of projects relating to the removal of soil pollution caused by dioxins; and
(b) matters concerning the implementation of projects necessary for preventing damage from being caused to human health from the use of land where the soil is polluted by dioxins, and other necessary measures; and
(ii) matters concerning the implementation of projects for preventing soil pollution caused by dioxins.
(3) When a prefectural governor intends to establish a control plan, he/she shall hear the opinions of the mayors of relevant municipalities, and hold a public hearing to hear the opinions of residents in the controlled zone.
(4) When a prefectural governor intends to establish a control plan, he/she shall consult with the Minister of the Environment and obtain consent thereof.
(5) When the Minister of the Environment intends to give the consent set forth in the preceding paragraph, he/she shall consult with the heads of relevant administrative organs.
(6) When a prefectural governor has established a control plan, he/she shall give public notice of the outline thereof and notify the mayors of relevant municipalities without delay.
(7) With regard to a project under a control plan, the provisions of the Act on Entrepreneurs' Bearing of the Cost of Public Pollution Control Works (Act No. 133 of 1970) shall apply when a clear causal relation exists, based on scientific knowledge, between the emission of dioxins by a business operator and soil pollution caused by dioxins.
(Modification of a Control Plan)
Article 32 (1) When a need arises due to a change in the area of a controlled zone or due to changes in the conditions of pollution, etc., caused by dioxins, in the soil of land within the area of the controlled zone, a prefectural governor may modify a control plan.
(2) The provisions of paragraphs (3) through (6) of the preceding Article shall apply mutatis mutandis to modification (excluding a minor modification as specified by Ordinance of the Ministry of the Environment) of a control plan under the provisions of the preceding paragraph.
Chapter VI National Plan for the Reduction of Dioxin Emissions
Article 33 (1) The Minister of the Environment shall create a plan for reducing the amount of dioxins emitted in line with business activities in Japan.
(2) The plan set forth in the preceding paragraph shall specify the following matters:
(i) the target volume of reduction concerning the estimated amount of dioxin emissions for each business sector in Japan;
(ii) matters concerning measures to be taken by business operators in order to achieve the target volume of reduction set forth in the preceding item;
(iii) matters concerning measures to be taken by the State and local public entities in order to promote the recycling and reuse of resources, and to reduce the amount of wastes which cause generation of dioxins; and
(iv) other necessary matters concerning reduction of dioxins emitted in line with business activities in Japan.
(3) When the Minister of the Environment intends to establish the plan set forth in paragraph (1), said plan shall undergo deliberation by the Conference on Environmental Pollution Control.
(4) When the Minister of the Environment has established the plan set forth in paragraph (1), he/she shall publicize it without delay.
(5) The provisions of the preceding two paragraphs shall apply mutatis mutandis to modification of the plan set forth in paragraph (1).
Chapter VII Miscellaneous Provisions
(Reporting and Inspection)
Article 34 (1) The Minister of the Environment or a prefectural governor may, to the extent necessary for enforcing this Act, request a person who has installed a specified facility to report on the conditions of the facility or other necessary matters, or have his/her official enter a specified workplace to inspect a specified facility or any other object, pursuant to the provisions of Cabinet Order.
(2) Collection of a report by the Minister of the Environment or an on-site inspection by his/her official under the provisions of the preceding paragraph shall be carried out in cases where an urgent need is found for preventing damage to human health resulting from air, water, or soil pollution caused by dioxins.
(3) An official carrying out an on-site inspection pursuant to the provisions of paragraph (1) shall carry an identification card and present it to persons concerned.
(4) The authority to carry out an on-site inspection under the provisions of paragraph (1) shall not be interpreted as having been vested for the purpose of criminal investigation.
(Exclusion from Application, etc.)
Article 35 (1) With regard to the persons listed in the left column of the following table, the provisions specified respectively in the right column of said table shall not apply to the facilities or workplaces listed respectively in the middle column of said table, but they shall be governed by the corresponding provisions of the Mine Safety Act (Act No. 70 of 1949), the Electricity Business Act (Act No. 170 of 1964), the Gas Business Act (Act No. 51 of 1954), and the Act on Prevention of Marine Pollution and Maritime Disaster (Act No. 136 of 1970):
|(i) A person who discharges emission gas from a specified facility which is the facility specified by Ordinance of the Ministry of Economy, Trade and Industry set forth in Article 13, paragraph (1) of the Mine Safety Act, which is installed in the mine prescribed in the main clause of Article 2, paragraph (2) of said Act (hereinafter referred to as a "mine facility"), or who discharges effluent from the mine prescribed in the main clause of Article 2, paragraph (2) of said Act where a specified facility which is a mine facility is installed|In the case of a facility subject to gas emission standards, the specified facility concerned; in the case of a facility subject to effluent emission standards, the mine concerned|Articles 12 through 19 and Article 23|
|(ii) A person who discharges emission gas from a specified facility which is the electric facility prescribed in Article 2, paragraph (1), item (xvi) of the Electricity Business Act (hereinafter referred to as an "electric facility"), or who discharges effluent from a factory or a workplace where a specified facility which is an electric facility is installed|The specified facility concerned|Articles 12 through 19 and Article 23, paragraphs (2) through (4)|
|(iii) A person who discharges emission gas from a specified facility which is the gas facility prescribed in Article 2, paragraph (13) of the Gas Business Act|The specified facility concerned|Articles 12 through 19 and Article 23, paragraphs (2) through (4)|
|(iv) A person who discharges effluent from a factory or a workplace where a specified facility which is the waste oil disposal facility prescribed in Article 3, item (xiv) of the Act on Prevention of Marine Pollution and Maritime Disaster (hereinafter referred to as a "waste oil disposal facility") is installed|The specified facility concerned|Articles 12 through 19 and Article 23|
|(v) A person who discharges effluent from a factory or a workplace where a specified facility which is the marine facility, etc. prescribed in Article 3, item (iii) of the Act on Prevention of Marine Pollution and Maritime Disaster (excluding a waste oil disposal facility) is installed|The specified facility concerned|Article 23|
(2) When the head of an administrative organ of the State who has authority under any of the Acts prescribed in the preceding paragraph (hereinafter simply referred to as the "head of an administrative organ" in this Article) receives an application for permission or approval or receives notification pertaining to any of the specified facilities prescribed in the preceding paragraph, under the provisions of the Mine Safety Act, the Electricity Business Act, or the Gas Business Act which correspond to the provisions of Article 12, 14, or 18, or Article 19, paragraph (3), he/she shall notify the prefectural governor having jurisdiction over the location of the factory or the workplace where the special facility is installed of the matters pertaining to the application for permission or approval or the notification which correspond to the matters to be notified under said provisions.
(3) When a prefectural governor finds that dioxins contained in the emission gas or effluent pertaining to any of the special facilities prescribed in paragraph (1) are likely to cause damage to human health, he/she may request the head of an administrative organ to take measures under the provisions of the Mine Safety Act, the Electricity Business Act, the Gas Business Act, or the Act on Prevention of Marine Pollution and Maritime Disaster which correspond to the provisions of Article 15 or 16.
(4) When the head of an administrative organ takes a measure in response to a request under the provisions of the preceding paragraph, he/she shall notify the prefectural governor concerned of the measure taken.
(5) When a prefectural governor intends to issue an order under the provisions of Article 22, paragraph (1) or (3) to any of the persons listed in the left column in items (i) through (iv) of the table set forth in paragraph (1), he/she shall consult with the head of an administrative organ in advance.
(Request for Submission of Documents, etc.)
Article 36 (1) When the Minister of the Environment finds it necessary for achieving the purpose of this Act, he/she may seek submission of materials or explanations that are necessary from the heads of relevant local public entities.
(2) When a prefectural governor finds it necessary for achieving the purpose of this Act, he/she may seek transmission of materials concerning the conditions, etc. of a specified facility or seek any other cooperation from the heads of relevant administrative organs or from the heads of relevant local public entities, or state his/her opinions concerning the prevention or removal, etc. of environmental pollution caused by dioxins to them.
(Instruction from the Minister of the Environment)
Article 37 When the Minister of the Environment finds it urgently necessary for preventing damage to human health by pollution of air, water, or soil caused by dioxins, he/she shall give a necessary instruction concerning any of the following affairs to a prefectural governor or to the mayor of the city specified by Cabinet Order set forth in Article 41, paragraph (1) (including a special ward):
(i) affairs concerning an order under the provisions of Article 15, Article 16, Article 22, paragraph (1) or (3), or Article 23, paragraph (3);
(ii) affairs concerning an instruction under the provisions of Article 29, paragraph (1) or modification or cancellation under the provisions of Article 30, paragraph (1);
(iii) affairs concerning a request under the provisions of Article 35, paragraph (3); and
(iv) affairs concerning seeking of cooperation or stating of opinions under the provisions of paragraph (2) of the preceding Article.
(Assistance from the State)
Article 38 The State shall endeavor to provide necessary financial arrangements, technical advice, and any other assistance with regard to installation or improvement of a facility for preventing or removing, etc. of environmental pollution caused by dioxins resulting from business activities in a factory or a workplace.
(Promotion of Research, etc.)
Article 39 The State shall endeavor to promote research on technology for the treatment of dioxins, research on the effects of dioxins on human health, and other research concerning the prevention and removal, etc. of environmental pollution caused by dioxins, and to disseminate the results of such research.
(Transitional Measures)
Article 40 In the case of enacting, revising, or abolishing an order based on the provisions of this Act, necessary transitional measures (including transitional measures concerning penal provisions) may be established by such order, to the extent that is judged to be reasonably necessary in line with such enactment, revision, or abolition.
(Delegation of Authority)
Article 40-2 The authority of the Minister of the Environment prescribed in this Act may be delegated to the head of the Regional Environmental Office, pursuant to the provisions of Ordinance of the Ministry of the Environment.
(Processing of Affairs by the Mayor of a City Specified by Cabinet Order)
Article 41 (1) A part of the affairs that fall under the authority of a prefectural governor pursuant to the provisions of this Act may be carried out by the mayor of a city specified by Cabinet Order (including a special ward; the same shall apply in the following paragraph), pursuant to the provisions of Cabinet Order.
(2) The mayor of a city specified by Cabinet Order set forth in the preceding paragraph shall notify the prefectural governor of the matters necessary for the enforcement of this Act which are specified by Ordinance of the Ministry of the Environment.
(Classification of Affairs)
Article 42 Among the affairs to be processed by a prefecture pursuant to the provisions of this Act, those to be processed pursuant to the provisions of Article 10, paragraph (1) (excluding those pertaining to preparation of a total emission reduction plan) and those to be processed pursuant to the provisions of paragraphs (2) and (3) of said Article and Article 26, shall be categorized as the item (i) statutory entrusted function prescribed in Article 2, paragraph (9), item (i) of the Local Autonomy Act (Act No. 67 of 1947).
(Relationship with Prefectural and Municipal Ordinances)
Article 43 The provisions of this Act shall not preclude a local public entity from establishing necessary regulations by an ordinance, with regard to matters pertaining to the emission of dioxins contained in exhaust emitted into the air by a facility other than a facility subject to gas emission standards, or contained in water emitted from a factory or a workplace other than a workplace subject to effluent emission standards.
Chapter VIII Penal Provisions
Article 44 A person who violates an order under the provisions of Article 15, Article 16, or Article 22, paragraph (1) or (3) shall be punished by imprisonment with work for not more than one year or a fine of not more than 1,000,000 yen.
Article 45 (1) A person who falls under any of the following items shall be punished by imprisonment with work for not more than six months or a fine of not more than 500,000 yen:
(i) a person who violates the provisions of Article 20, paragraph (1) or Article 21, paragraph (1); or
(ii) a person who violates an order under the provisions of Article 23, paragraph (3).
(2) A person who, by negligence, commits the offense set forth in item (i) of the preceding paragraph shall be punished by imprisonment without work for not more than three months or a fine of not more than 300,000 yen.
(3) With regard to the violation set forth in paragraph (1), item (i) and the preceding paragraph, the person who has committed the violation shall be punished only in cases where a prefectural governor has his/her official carry out an on-site inspection under the provisions of Article 34, paragraph (1) with regard to the facility pertaining to the violation, within three months from the day on which the violation was committed, and where the results of the measurement carried out by the method specified by Ordinance of the Ministry of the Environment in the on-site inspection fail to comply with the emission standards or the total emission control standards.
Article 46 A person who fails to make notification under the provisions of Article 12, paragraph (1) or Article 14, paragraph (1) or who makes a false notification shall be punished by imprisonment with work for not more than three months or a fine of not more than 300,000 yen.
Article 47 A person who falls under any of the following items shall be punished by a fine of not more than 200,000 yen:
(i) a person who fails to make notification under the provisions of Article 13, paragraph (1) or who makes a false notification;
(ii) a person who violates the provisions of Article 17, paragraph (1); or
(iii) a person who fails to make a report under the provisions of Article 34, paragraph (1) or who makes a false report, or who refuses, obstructs or evades an inspection under the provisions of said paragraph.
Article 48 When the representative of a juridical person, or an agent, an employee, or any other worker of a juridical person or an individual commits the violations set forth in the preceding four Articles with regard to the business of said juridical person or said individual, not only the offender shall be punished, but also said juridical person or said individual shall be punished by the fines set forth in the respective Articles.
Article 49 A person who fails to make notification under the provisions of Article 13, paragraph (2), Article 18, or Article 19, paragraph (3) or who makes a false notification shall be punished by a non-penal fine of not more than 100,000 yen.
Supplementary Provisions [Extract]
(Effective Date)
Article 1 This Act shall come into effect as of the day specified by Cabinet Order within a period not exceeding six months from the date of promulgation; provided, however, that the provisions listed in the following items shall come into effect as of the dates specified respectively in those items:
(i) the provisions of Article 26, paragraph (2), Article 34, paragraph (2), Article 37, and Article 42 of the Act and Article 5 of the Supplementary Provisions: April 1, 2000; and
(ii) the provisions of Article 10 of the Supplementary Provisions adding one item to Article 3, paragraph (1) of the Act on Improvement of Pollution Prevention Systems in Specified Factories (Act No. 107 of 1971) and those adding one item to Article 4, paragraph (1) of said Act: the day on which two years have elapsed from the date of promulgation.
(Review)
Article 2 (1) The government shall promote research and study of brominated dioxins with regard to the extent of their effects on human health, the process of generation, etc., and shall take necessary measures based on the results thereof.
(2) The ideal form of regulations pertaining to dioxins shall be reviewed based on the level of scientific knowledge achieved at that point of time (simply referred to as "scientific knowledge" in the following paragraph), and necessary measures such as a revision shall be taken based on the results thereof.
(3) In consideration of the status of health damage caused by dioxins and the status of accumulation of dioxins in food, countermeasures shall be reviewed based on scientific knowledge, and necessary measures shall be taken based on the results thereof.
Article 3 In light of the characteristics involved in the generation process of dioxins, the government shall review the ideal form of regulations concerning the structure, maintenance, and management of small-scale waste incinerators and regulations concerning incineration of wastes by a means other than a waste incineration facility, and shall take necessary measures based on the results thereof.
(Transitional Measures)
Article 4 (1) Until March 31, 2000, the phrase "the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act (Act No. 91 of 1993)" in Article 11, paragraph (2) and the phrase "the council or any other panel to be established pursuant to the provisions of Article 43 of the Basic Environment Act" in Article 29, paragraph (3) shall be deemed to be replaced with "the prefectural environmental council," the phrase "he/she shall consult with the Director-General of the Environment Agency and obtain the consent thereof in advance" in Article 11, paragraph (3) shall be deemed to be replaced with "he/she shall report the matters listed in the items of paragraph (1) to the Director-General of the Environment Agency, pursuant to the provisions of Ordinance of the Prime Minister's Office. In this case, the Director-General of the Environment Agency may, upon receiving the report, give necessary advice or recommendation concerning preparation of the plan," the phrase "he/she shall consult with the Minister of the Environment and obtain consent thereof" in Article 31, paragraph (4) shall be deemed to be replaced with "he/she shall obtain the consent of the Prime Minister," the phrase "The Director-General of the Environment Agency or a prefectural governor" in Article 34, paragraph (1) shall be deemed to be replaced with "A prefectural governor," and the phrase "a city specified by Cabinet Order (including a special ward; the same shall apply in the following paragraph)" in Article 41, paragraph (1) shall be deemed to be replaced with "a city specified by Cabinet Order," and the phrase "may be carried out by" in said paragraph shall be deemed to be replaced with "may be entrusted to."
(2) If a report under the provisions of Article 11, paragraph (3) (including the cases where applied mutatis mutandis pursuant to paragraph (6) of said Article) as applied by replacing terms pursuant to the provisions of the preceding paragraph has been made by March 31, 2000, the total emission reduction plan set forth in Article 10, paragraph (1) pertaining to said report shall be, on and after April 1 of said year, deemed to be the total emission reduction plan set forth in Article 10, paragraph (1) for which consent under the provisions of Article 11, paragraph (3) (including the cases where applied mutatis mutandis pursuant to paragraph (6) of said Article) has been obtained.
Supplementary Provisions [Act No. 160 of December 22, 1999] [Extract]
(Effective Date)
Article 1 This Act (excluding Articles 2 and 3) shall come into effect as of January 6, 2001.
Supplementary Provisions [Act No. 91 of May 31, 2000]
(Effective Date)
(1) This Act shall come into effect as of the day of enforcement of the Act for Partial Revision of the Commercial Code, etc. (Act No. 90 of 2000).
(Transitional Measures)
(2) In the case where the day of enforcement of this Act comes before the day of enforcement of the provisions of Article 8 of the Supplementary Provisions of the Act on the Center for Food Quality, Labeling and Consumer Services (Act No. 183 of 1999), the term "Article 27" in the provisions of Article 31 revising Article 19-5-2, Article 19-6, paragraph (1), item (iv), and Article 27 of the Act on Standardization and Proper Quality Labeling of Agricultural and Forestry Products shall be deemed to be replaced with "Article 26."