Heat Supply Business Act


Published: 2004

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Heat Supply Business Act

(Act No. 88 of June 22, 1972)

Chapter I General Provisions (Article 1 and 2)

Chapter II Business License (Article 3 to Article 12)

Chapter III Services (Article 13 to Article 19)

Chapter IV Safety Measures (Article 20 to Article 24)

Chapter V Miscellaneous Provisions (Article 25 to Article 33-2)

Chapter VI Penal Provisions (Article 34 to Article 41)

Supplementary Provisions

Chapter I General Provisions

(Purpose)

Article 1 The purpose of this Act is to protect the interests of persons who

receive heat supply and to achieve the sound development of heat supply

business by realizing appropriate and reasonable operation of heat supply

business, and to assure public safety by regulating the construction,

maintenance and operation of heat supply facilities.

(Definitions)

Article 2 (1) The term "heat supply" as used in this Act shall mean supplying

heated or cooled water or steam through pipelines.

(2) The term "heat supply business" as used in this Act shall mean the business

of supplying heat to meet general demand (limited to such business that uses

boilers and other facilities specified by a Cabinet Order with a capacity larger

than the standards specified by a Cabinet Order, and excluding such business

exclusively for supplying heat to meet the demand in a single building.

(3) The term "heat supply operator "as used in this Act shall mean the person

who has obtained a license under the next Article.

(4) The term "heat supply facilities" as used in this Act shall mean boilers,

refrigeration facilities, circulating pumps, governors, pipelines and any other

facilities used for heat supply business, which are under control of a person

who conducts a heat supply business.

Chapter II Business License

(Business License)

Article 3 A person who intends to conduct a heat supply business shall obtain a

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license from the Minister of Economy, Trade and Industry for each service area.

(Application for License)

Article 4 (1) A person who intends to obtain a license under the preceding Article

shall submit a written application to the Minister of Economy, Trade and

Industry, stating:

(i) The name and address of the applicant, as well as the name and address of

the representative if the applicant is a juridical person.

(ii) The service area

(iii) The following matters concerning heat supply facilities:

(a) Regarding boilers, refrigeration facilities and other facilities specified by

a Cabinet Order, the site where they are to be installed, and the type and

capacity thereof

(b) Regarding pipelines specified by an Ordinance of the Ministry of Economy,

Trade and Industry, the site where they are to be installed and the inside

diameter thereof, as well as the temperature and pressure of heat or steam

within the pipelines.

(2) The written application set forth in the preceding paragraph shall be

accompanied by a business plan, and other documents specified by an

Ordinance of the Ministry of Economy, Trade and Industry.

(Standards for License)

Article 5 The Minister of Economy, Trade and Industry shall not grant a license

under Article 3 unless he/she finds that the application for the license under

the said Article conforms to the following items (or, if the application is filed by

a local public entity, item (i), item (iv) and item (v)).

(i) The commencement of the heat supply business corresponds to general

demand.

(ii) The heat supply facilities for the heat supply business are capable of

meeting demand for heat supply in the service area.

(iii) The applicant has sufficient financial basis and technical capability to

perform the heat supply business properly.

(iv) The heat supply business is based on a reliable and reasonable plan.

(v) The commencement of the heat supply business is necessary and

appropriate for improving the convenience in daily life or business activities

in the service area.

(Obligation to Install Heat Supply Facilities and Commence Business)

Article 6 (1) A heat supply operator other than a local public entity shall install

heat supply facilities and commence its business within the period designated

by the Minister of Economy, Trade and Industry, but not to exceed three years

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(or if heat supply facilities are to be installed along with the implementation of

a New Housing and Urban Development Project under the New Housing and

Urban Development Act (Act No. 134 of 1963) and it is determined that a

particularly long period of time will be required for installation, then within

the period designated by an Ordinance of the Ministry of Economy, Trade and

Industry).

(2) The Minister of Economy, Trade and Industry may, when he/she finds it

particularly necessary, designate the period set forth in the preceding

paragraph by category of service area or heat supply facility.

(3) Where the Minister of Economy, Trade and Industry has received an

application from a heat supply operator other than a local public entity, he/she

may, when finding justifiable grounds, extend the period designated under

paragraph (1).

(4) A heat supply operator shall, when having commenced its business (in the

cases where the designation set forth in paragraph (1) has been made by

category of service area pursuant to paragraph (2), the business corresponding

to that category), notify the Minister of Economy, Trade and Industry to that

effect without delay.

(Change of Service Area, etc.)

Article 7 (1) A heat supply operator shall, when intending to change the matters

listed in Article 4, paragraph (1), item (ii) or item (iii), obtain permission from

the Minister of Economy, Trade and Industry; provided, however, that this

shall not apply to a change to the matter listed in item (iii) of the said

paragraph if the matter is a minor one specified by an Ordinance of the

Ministry of Economy, Trade and Industry.

(2) A heat supply operator shall, when having made a change specified by an

Ordinance of the Ministry of Economy, Trade and Industry set forth in the

proviso of the preceding paragraph, notify the Minister of Economy, Trade and

Industry to that effect without delay.

(3) The provision of Article 5 shall apply mutatis mutandis to the permission set

forth in paragraph (1).

(4) The provision of the preceding Article shall apply mutatis mutandis to the

case referred to in paragraph (1) (excluding, however, the cases of reducing the

service area.)

(Change of Name, etc.)

Article 8 A heat supply operator other than a local public entity shall, where

there has been a change to the name or address thereof, notify the Minister of

Economy, Trade and Industry to that effect without delay.

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(Assignment and Acceptance of Business, and Merger and Split of Juridical

Person)

Article 9 (1) An assignment and acceptance of the whole of a heat supply

business shall not be effective unless approved by the Minister of Economy,

Trade and Industry.

(2) A merger and split of a juridical person as a heat supply operator (excluding a

local public entity) (limited to merger or split resulting in the taking over of

the whole of a heat supply business; hereinafter the same shall apply in

paragraph (1) of the next Article) shall not be effective unless approved by the

Minister of Economy, Trade and Industry; provided, however, that this shall

not apply where a juridical person as a heat supply operator merges a juridical

person that is not a heat supply operator.

(3) The provisions of Article 5, item (iii) shall apply mutatis mutandis to the

approval set forth in the preceding two paragraphs.

(Succession)

Article 10 (1) In the event of an assignment of the whole of a heat supply

business, or inheritance, merger or demerger of a heat supply operator, the

assignee of the whole of the heat supply business, the heir, the juridical person

surviving after the merger or the juridical person newly established upon the

merger, or the juridical person who has taken over the whole of the heat supply

business upon the demerger shall succeed to the status of the heat supply

operator.

(2) The heir who has succeeded to the status of a heat supply operator pursuant

to the preceding paragraph shall notify the Minister of Economy, Trade and

Industry to that effect without delay.

(Suspension and Abolition of Business, and Dissolution of Juridical Person)

Article 11 (1) A heat supply operator shall not suspend or abolish the whole or a

part of the heat supply business without obtaining permission from the

Minister of Economy, Trade and Industry.

(2) A resolution for the dissolution of a juridical person acting as a heat supply

operator or consent thereto by all its members shall not be effective unless

approved by the Minister of Economy, Trade and Industry.

(3) The Minister of Economy, Trade and Industry shall not grant permission

under paragraph (1) or approval under the preceding paragraph if he/she finds

that the suspension or abolition of the heat supply business or dissolution of

the juridical person as a heat supply operator harms or is likely to harm

significantly the convenience in daily life or business activities in the service

area.

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(Rescission of Business License)

Article 12 (1) Where a heat supply operator does not install heat supply facilities

or commence its business within the period designated under Article 6,

paragraph (1) (if the period has been extended under paragraph (3) of the said

Article, within the extended period), the Minister of Economy, Trade and

Industry may rescind the license granted under Article 3.

(2) Where a heat supply operator that has obtained permission under Article 7,

paragraph (1) does not commence its business within the period designated

under Article 6, paragraph (1) applied mutatis mutandis pursuant to Article 7,

paragraph (4) (or, if the period has been extended under Article 6, paragraph

(3) applied mutatis mutandis pursuant to Article 7, paragraph (4), the

extended period) in the new service area, or make a change to the matter listed

in Article 4, paragraph (1), item (iii) within the said period, the Minister of

Economy, Trade and Industry may rescind the permission.

(3) In addition to the cases prescribed in the preceding two paragraphs, where a

heat supply operator has violated any provision of this Act or any order issued

under this Act or any condition attached pursuant to Article 25, paragraph (1),

the Minister of Economy, Trade and Industry may, when he/she finds that such

violation significantly harms the convenience in daily life or business activities

in the service area, rescind the license granted under Article 3 or permission

granted under Article 7, paragraph (1).

(4) The Minister of Economy, Trade and Industry shall, when having rescinded

the license or permission pursuant to any of the preceding three paragraphs,

provide a written explanation of the reasons for the rescission to the heat

supply operator.

Chapter III Services

(Obligation to Supply)

Article 13 (1) A heat supply operator shall not refuse to supply heat to any

person in its service area without justifiable grounds.

(2) A heat supply operator shall not supply heat through pipelines to meet

general demand in any area other than its service area using the heat supply

facilities installed for its service area.

(General Supply Provision)

Article 14 (1) A heat supply operator other than a local public entity shall

provide for general conditions with regard to rates and other supply conditions

for heat supply, and obtain approval of the said conditions from the Minister of

Economy, Trade and Industry. The same shall apply if the said heat supply

operator is to revise the said conditions.

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(2) The Minister of Economy, Trade and Industry shall, when he/she finds that

the application for the approval under the preceding paragraph conforms to the

following items, grant approval under the said paragraph.

(i) The rates are equitable and reasonable in light of fair costs incurred as a

result of efficient management

(ii) The method for calculating the amount of rates is provided for

appropriately and clearly.

(iii) The responsibilities of the heat supply operator and persons who receive

heat supply, as well as the method of sharing expenses between them for

pipelines, calorimeters and other facilities, are provided for appropriately

and clearly.

(iv) The application does not treat a certain persons in an unjust

discriminatory manner.

(3) A heat supply operator that is a local public entity shall provide for general

conditions with regard to rates and other supply conditions for heat supply,

and notify the Minister of Economy, Trade and Industry of the said conditions

in advance. The same shall apply if the said heat supply operator is to revise

the provisions.

(4) The general supply provisions set forth in the preceding paragraph shall

conform to the items of paragraph (2).

(5) A heat supply operator shall take measures to have known the general supply

conditions approved under paragraph (1) (or, if revision has been made

pursuant to Article 16, paragraph (2), the revised general supply conditions) or

general supply conditions notified pursuant to paragraph (3), among persons

who receive heat supply, no later than the date of implementation of the

provisions.

(Obligation Regarding Supply Conditions)

Article 15 (1) A heat supply operator other than a local public entity shall not

supply heat under general supply conditions other than those approved under

paragraph (1) of the immediate preceding Article (or, if revision has been made

pursuant to paragraph (2) of the next Article, the revised general supply

conditions); provided, however, that this shall not apply where there are

special circumstances that make it difficult to comply with the general supply

conditions and the said heat supply operator supplies heat under such rates

and other supply conditions as approved by the Minister of Economy, Trade

and Industry.

(2) The provision of the preceding paragraph shall apply mutatis mutandis to a

heat supply operator that is a local public entity. In this case, the words

"approved by the Minister of Economy, Trade and Industry" in the proviso of

the said paragraph shall be deemed to be replaced with "for which notification

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was given to the Minister of Economy, Trade and Industry in advance."

(Order and Disposition on General Supply Provisions)

Article 16 (1) The Minister of Economy, Trade and Industry may, when he/she

finds that the heat supply rates and/or other supply conditions have become

significantly inappropriate as a result of changes in social and economic

circumstances to the extent that they hinder the convenience in daily life or

business activities in the service area, order a heat supply operator other than

a local public entity to apply for approval to revise the general supply

conditions approved under Article 14, paragraph (1) (or if revision has been

made pursuant to the next paragraph, the revised general supply conditions ),

within a reasonable time limit set by the Minister of Economy, Trade and

Industry.

(2) Where the Minister of Economy, Trade and Industry has issued an order

pursuant to the preceding paragraph, he/she may, if no application for

approval has been filed within the time limit set forth in the said paragraph,

revise the general supply conditions.

(Obligation to Measure Temperature, etc.)

Article 17 A heat supply operator shall, pursuant to the provision of an

Ordinance of the Ministry of Economy, Trade and Industry, measure the

temperature and pressure of the water or steam supplied thereby, and record

the values measured.

(Order for Improvement of Operational Procedure)

Article 18 The Minister of Economy, Trade and Industry may, where he/she

finds that an inappropriate measure taken by a heat supply operator to

publicize the general supply provisions pursuant to Article 14, paragraph (5) or

any other inappropriate operational procedure implemented by the said heat

supply operator hinders the improvement of the convenience in daily life or

business activities in the service area, order the heat supply operator to

improve its operational procedures.

(Keeping of Accounts)

Article 19 A heat supply operator shall keep accounts pursuant to the provision

of an Ordinance of the Ministry of Economy, Trade and Industry with regard to

the classification of items of accounts and other accounting procedures.

Chapter IV Safety Measures

(Maintenance of Heat Supply Facilities)

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Article 20 (1) A heat supply operator shall maintain heat supply facilities to

ensure that they conform to the technical standards established by an

Ordinance of the Ministry of Economy, Trade and Industry.

(2) The Minister of Economy, Trade and Industry may, when he/she finds that

heat supply facilities do not conform to the technical standards set forth in the

preceding paragraph, order the heat supply operator to repair or renovate the

heat supply facilities to ensure conformity to the technical standards, or order

the heat supply operator to relocate the heat supply facilities or suspend the

use of them, or restrict the heat supply operator from using them.

(Construction Plan for Pipelines)

Article 21 (1) A heat supply operator shall, when he/she is to implement such a

construction project to install or renovate pipelines to be used for the heat

supply business as specified by an Ordinance of the Ministry of Economy,

Trade and Industry, notify the Minister of Economy, Trade and Industry of the

plans for the said construction project; provided, however, that this shall not

apply to any unavoidable work for short period to be implemented in the event

of loss of or damage to the pipelines or in the event of a disaster or other

emergency.

(2) The provision of the preceding paragraph shall apply mutatis mutandis where

a heat supply operator intends to change the construction plan for which

notification was given pursuant to the said paragraph (excluding, however, any

minor change specified by an Ordinance of the Ministry of Economy, Trade and

Industry).

(3) A person who has given a notification pursuant to paragraph (1) (including

the cases where it is applied mutatis mutandis pursuant to the preceding

paragraph) shall not commence the construction work to which the notification

pertained until 30 days have elapsed from the day when the notification was

received.

(4) The Minister of Economy, Trade and Industry may, when he/she finds that

the construction plan for which notification was given pursuant to paragraph

(1) (including the cases where it is applied mutatis mutandis pursuant to

paragraph (2)) conforms to the items of the next paragraph, shorten the period

prescribed in the preceding paragraph.

(5) When the Minister of Economy, Trade and Industry finds that the

construction plan for which notification was given pursuant to paragraph (1)

(including the cases where it is applied mutatis mutandis pursuant to

paragraph (2)) fails to conform to the following items, he/she may, within 30

days from the day when the notification is received, order the heat supply

operator to revise or abolish the construction plan.

(i) The construction plan conforms to the licenses or permissions obtained in

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accordance with Article 3 or Article 7, paragraph (1) (including any such

minor change as specified by an Ordinance of the Ministry of Economy, Trade

and Industry under the proviso of the said paragraph)

(ii) The pipelines conform to the technical standards established by an

Ordinance of the Ministry of Economy, Trade and Industry under paragraph

(1) of the preceding Article.

(Pre-use Self-Inspection of Pipelines)

Article 22 (1) A heat supply operator shall, with regard to the pipelines to be

installed or renovated according to the construction plan for which notification

was given pursuant to paragraph (1) of the preceding Article (including the

cases where it is applied mutatis mutandis pursuant to paragraph (2) of the

said Article) (in the case where an order has been issued with respect to the

construction plan relating to pipelines pursuant to paragraph (5) of the said

Article, but notification has not yet been given pursuant to paragraph (1) of the

said Article as applied mutatis mutandis pursuant to paragraph (2) of the said

Article, such pipelines shall be excluded), conduct a self-inspection of the

pipelines before commencing the use thereof and record the inspection results,

pursuant to the provision of an Ordinance of the Ministry of Economy, Trade

and Industry.

(2) In the self-inspection set forth in the preceding paragraph, it is necessary to

confirm that the pipelines conform to all of the following items.

(i) The construction project for the pipelines has been implemented according

to the construction plan for which notification was given pursuant to

paragraph (1) of the preceding Article (including the cases where it is applied

mutatis mutandis pursuant to paragraph (2) of the said Article) (including

such plan following any minor revision specified by an Ordinance of the

Ministry of Economy, Trade and Industry under paragraph (2) of the said

Article).

(ii) The pipelines conform to the technical standards established by an

Ordinance of the Ministry of Economy, Trade and Industry under Article 20,

paragraph (1).

(Safety Regulations)

Article 23 (1) A heat supply operator shall, in order to ensure safety of the

construction, maintenance and operation of the heat supply facilities, establish

safety regulations pursuant to the provision of an Ordinance of the Ministry of

Economy, Trade and Industry, and notify the Minister of Economy, Trade and

Industry of the regulations before the commencement of the business (in the

case of facilities requiring construction prescribed in Article 21, paragraph (1),

before the commencement of the construction of the facilities).

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(2) A heat supply operator shall, when having revised the safety regulations,

notify the Minister of Economy, Trade and Industry of the revised matters

without delay.

(3) The Minister of Economy, Trade and Industry may, when he/she finds it

necessary in order to ensure safety of the construction, maintenance, and

operation of heat supply facilities, order the heat supply operator to revise the

safety regulations.

(4) A heat supply operator and its employees shall observe the safety regulations.

(Safety Measures for Facilities Equivalent to Heat Supply Facilities)

Article 24 The provisions of Article 20 and Article 21 shall apply mutatis

mutandis to a person who has installed such pipelines to be used for supplying

heat as specified by an Ordinance of the Ministry of Economy, Trade and

Industry (excluding those that belong to heat supply facilities) under roads or

any other places specified by an Ordinance of the Ministry of Economy, Trade

and Industry (including a person who intends to install such pipelines). In this

case, the term "heat supply facilities" in Article 20 and the phrase "pipelines to

be used for the heat supply business" in Article 21, paragraph (1) shall be

deemed to be replaced with "pipelines prescribed in Article 24 to be installed at

places specified by an Ordinance of the Ministry of Economy, Trade and

Industry under the said Article," the phrase "the items of the next paragraph"

in Article 21, paragraph (4) shall be deemed to be replaced with "item (ii) of the

next paragraph," and the phrase "the following items" in Article 21, paragraph

(5) shall be deemed to be replaced with "item (ii)."

Chapter V Miscellaneous Provision

(Conditions Attached to License, etc.)

Article 25 (1) Conditions may be attached to a license/permission or approval,

and such conditions may be changed.

(2) The conditions set forth in the preceding paragraph shall be limited to the

minimum required for ensuring successful implementation of the matters

concerning the license/permission or approval, and shall not impose any

unreasonable obligation on the person who is to obtain the license/permission

or approval.

Article 26 Deleted

(Request for Reports)

Article 27 The Minister of Economy, Trade and Industry may, to the extent

necessary for the enforcement of this Act, pursuant to the provision of a

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Cabinet Order, have a heat supply operator report on the services, and have a

person prescribed in Article 24 report on the safety measures for the pipelines

prescribed in the said Article to be installed at places specified by an

Ordinance of the Ministry of Economy, Trade and Industry under the said

Article, respectively.

(On-site Inspection)

Article 28 (1) The Minister of Economy, Trade and Industry may, to the extent

necessary for the enforcement of this Act, cause officials of the Ministry of

Economy, Trade and Industry to enter the business office or other office or

other workplace of a heat supply operator or a person prescribed in Article 24,

and inspect heat supply facilities, books, documents, and any other articles of

the heat supply operator or the said person.

(2) The officials who conduct an on-site inspection pursuant to the preceding

paragraph shall carry a certificate of identification and show it to any person

concerned.

(3) The authority under paragraph (1) shall not be construed as being vested for

criminal investigation.

(Special Provision for the Method for Hearing)

Article 29 (1) Proceedings on the date of a hearing with respect to a disposition

under Article 12, paragraphs (1) to (3) shall be open to the public.

(2) The person chairing the hearing set forth in the preceding paragraph shall,

upon request of any person interested in the disposition under Article 17,

paragraph (1) of the Administrative Procedure Act (Act No. 88 of 1993), permit

such a person to participate in the proceedings for the hearing.

(Hearing of Opinions in Appeal Procedure)

Article 30 (1) An award or decision on a request for review or an objection with

respect to a disposition made pursuant to this Act shall be made after giving

advance notice of a reasonable period to the person concerning the disposition

and after holding a public hearing.

(2) The advance notice set forth in the preceding paragraph shall specify the date

and place of the hearing and the content of the case concerned.

(3) When holding a public hearing as set forth in paragraph (1), the person

concerning the disposition and any interested persons shall be given the

opportunity to present evidence and state their opinions.

(Filing of Complaints)

Article 31 (1) Any person who has complaints about the heat supply from a heat

supply operator may file such complaints to the Minister of Economy, Trade

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and Industry, with a written explanation of the reasons attached thereto.

(2) The Minister of Economy, Trade and Industry shall, when having received the

complaints under the preceding paragraph, handle them in good faith and

notify the complainant of the results of the handling.

(Transitional Measures)

Article 32 When enacting, revising or abolishing an order pursuant to this Act,

necessary transitional measures (including transitional measures concerning

penal provisions) may be provided for by that order to the extent considered

reasonably necessary for the enactment, revision or abolition.

(Affairs Administered by Prefectural Governments)

Article 33 Part of the affairs within the authority of the Minister of Economy,

Trade and Industry prescribed in this Act may be administered by prefectural

governors pursuant to the provision of a Cabinet Order.

(Delegation of Authority)

Article 33-2 The authority of the Minister of Economy, Trade and Industry

under this Act may be delegated to the Director of a Regional Bureau of

Economy, Trade and Industry or the Director of a Regional Industrial Safety

and Inspection Department pursuant to the provision of a Cabinet Order.

Chapter VI Penal Provisions

Article 34 (1) A person who has damaged heat supply facilities or caused

interference with the functioning of heat supply facilities, thereby obstructing

heat supply, shall be punished by imprisonment with work for not more than

five years or a fine of not more than one million yen.

(2) A person who has, without due cause, operated heat supply facilities, thereby

obstructing heat supply, shall be punished by imprisonment with work for not

more than two years or a fine of not more than 500,000 yen.

(3) The same punishment shall be imposed if a person engaged in a heat supply

business has not performed, without justifiable grounds, the services to

maintain or operate heat supply facilities, thereby causing interference with

heat supply.

(4) Attempt of the offenses prescribed in paragraph (1) and paragraph (2) shall be

punished.

Article 35 A person who has, in violation of Article 3, conducted heat supply

business shall be punished by imprisonment with work for not more than three

years or a fine of not more than three million yen, or both.

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Article 36 A person who falls under any of the following items shall be punished

by imprisonment with work for not more than two years or a fine of not more

than three million yen, or both.

(i) A person who has, in violation of Article 11, paragraph (1), suspended or

abolished the whole or a part of the heat supply business.

(ii) A person who has, in violation of Article 13, paragraph (1), refused to

supply heat.

(iii) A person who has, in violation of Article 13, paragraph (2), supplied heat.

Article 37 A person who falls under any of the following items shall be punished

by a fine of not more than three million yen.

(i) A person who has, in violation of Article 7, paragraph (1), renovated heat

supply facilities.

(ii) A person who has, in violation of Article 15, paragraph (1), supplied heat.

(iii) A person who has violated an order issued under Article 18.

Article 38 A person who falls under any of the following items shall be punished

by a fine of not more than one million yen.

(i) A person who has violated an order issued under Article 20, paragraph (2)

(including the cases where it is applied mutatis mutandis pursuant to Article

24).

(ii) A person who has, in violation of an order issued under Article 21,

paragraph (5) (including the cases where it is applied mutatis mutandis

pursuant to Article 24), implemented a construction project to install or

renovate pipelines.

Article 39 A person who falls under any of the following items shall be punished

by a fine of not more than 300,000 yen.

(i) A person who has failed to give notice under Article 6, paragraph (4)

(including the cases where it is applied mutatis mutandis pursuant to Article

7, paragraph (4)), Article 10, paragraph (2) or Article 23, paragraph (1) or

paragraph (2), or has given a false notice.

(ii) A person who has failed to make records under Article 17 or Article 22,

paragraph (1), or has made false records.

(iii) A person who has, in violation of Article 21, paragraph (1) (including the

cases where it is applied mutatis mutandis pursuant to paragraph (2) of the

said Article or Article 24) or paragraph (3) (including the cases where it is

applied mutatis mutandis pursuant to Article 24), implemented a

construction project to install or modify pipelines.

(iv) A person who has violated an order issued under Article 23, paragraph (3).

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(v) A person who has failed to submit reports under Article 27, or has

submitted false reports.

(vi) A person who has refused, obstructed or avoided an inspection under

Article 28, paragraph (1).

Article 40 Where the representative of a juridical person or an agent, employee

or other worker of a juridical person or an individual has, with regard to the

business of the juridical person or individual, committed the violations of

Article 35 to the preceding Article, not only shall the offender be punished but

also the juridical person or the individual shall be punished by the fine

prescribed in the respective Articles.

Article 41 A person who has failed to give a notice under Article 7, paragraph (2)

or Article 8, or has given a false notice shall be punished by a civil fine of not

more than 200,000 yen.

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