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Laws of Japan |
(Law No. 105 of 1999. Promulgated on July 16, 1999)
(Provisional Translation)
December 1999
Translation draft by Environment Agency of Japan Office of Environmental Risk Assessment, Environmental Health and Safety Division, Environmental Health Department
Table of Contents
Article 1 (Purpose)
In consideration of serious effects on human life and health which may be caused
by dioxins, the purpose of this Law is to protect
the health of citizens, by
establishing standards necessary to form the basis of policies on dioxins, to
establish the necessary
regulations, and to establish measures, etc., relating
to soil contamination, in order to carry out the prevention and removal,
etc.,
of environmental pollution caused by dioxins. (Purpose)
Article 2 (Purpose)
For the purpose of this Law, "dioxins" shall mean chemical substances enumerated
below:
(1) polychlorinated dibenzofurans;
(2) polychlorodibenzo-para-dioxins; and
(3) co-planar polychlorinated biphenyls.
2. For the purpose of this Law, as designated by Cabinet Order, "specified facility" shall mean an electric furnace used for steelmaking, a waste incinerator, or other facility, installed in a factory or a business establishment, which generates and emits dioxins into the air or releases waste water or fluid discharge containing dioxins.
3. For the purpose of this Law, "emission gas" shall mean exhaust released into the air by a specified facility.
4. For the purpose of this Law, "effluent" shall mean water discharged into public water areas (meaning public water areas provided for in Paragraph 1 of Article 2 of the Water Pollution Control Law (Law No. 138 of 1970). The same shall apply hereinafter.) by a factory or a business establishment where a specified facility is installed (hereinafter referred to as "specified business establishment").
Article 3 (Responsibilities of the National Government and Local Governments)
The national government shall be responsible for formulating and implementing
basic and comprehensive measures for the prevention
and removal, etc., of environmental
pollution caused by dioxins.
2. Local governments shall be responsible for implementing measures for the prevention and removal, etc., of environmental pollution caused by dioxins, in accordance with the natural and social conditions of the areas concerned. (Responsibilities of the National Government and Local Governments)
Article 4 (Responsibilities of the National Government and Local Governments)
Businesses shall be responsible for taking the necessary measures for the prevention
and removal, etc., of environmental pollution
caused by dioxins generated in
the course of their business activities. Businesses shall also be responsible
for cooperating
on measures implemented by the national government or local
governments, with regard to the prevention or removal, etc., of environmental
pollution caused by dioxins.
Article 5 (Responsibilities of Citizens)
Citizens shall make efforts to prevent environmental pollution caused by dioxins
generated in the course of their daily lives,
as well as making efforts to cooperate
on measures implemented by the national government or local governments, with
regard
to the prevention or removal, etc., of environmental pollution caused
by dioxins.
Article 6 (Tolerable Daily Intake)
In consideration of the fact that dioxins are chemical substances generated
from human activities and do not exist naturally
in the environment, the Tolerable
Daily Intake (meaning the daily dose of 2,3,7,8-tetrachlorodibenzo-para-dioxin
which is assumed
to have no adverse effects on human health if taken constantly
over a lifetime), which shall be a guideline for measures against
dioxins taken
by the national government and local governments, shall not exceed 4 picograms
per kilogram of body mass and
shall be set forth by Cabinet Order.
2. The value referred to in the preceding Paragraph shall be revised as necessary, with due attention given to international trends for assessing the safety of chemical substances, based on scientific knowledge.
Article 7 (Environmental Quality Standards)
With regard to the environmental conditions relating to air pollution, water
pollution (including pollution of bottom sediment),
and soil contamination,
for each of these the Government shall establish environmental quality standards,
the maintenance of
which is desirable for the protection of human health.
Section 1 Regulations for Emission Gas and Effluent Relating to Dioxins
Article 8 (Emission Standards)
Emission standards for dioxins shall be set forth by Order of the Prime Minister's
Office, according to the type and structure
of facility, in consideration of
technological standards for the reduction of dioxins contained in emission gas
or effluent
relating to specified facilities.
2. With respect to the emission standards referred to in the preceding Paragraph, permissible limits relating to emission gas (hereinafter referred to as "gas emission standards") shall be provided for in Item (1) and those relating to effluent (hereinafter referred to as "effluent standards") shall be provided for in Item (2).
(1) Permissible limits for dioxins contained in emission gas (meaning the level of dioxins measured by the method designated by Order of the Prime Minister's Office, expressed as the toxicity of 2, 3, 7, 8-tetrachloride dibenzo-para-dioxin according to the computation designated by Order of the Prime Minister's Office. The same shall apply hereinafter.)
(2) Permissible limits for dioxins contained in effluent
3. In the case any prefecture judges, in light of its natural and social conditions, that the emission standards prescribed under Paragraph 1 are inadequate to protect human health in part of its territory, it may establish by a prefectural ordinance, in accordance with the provisions of a Cabinet Order, stricter emission standards with respect to the level of dioxins contained in emission gas or effluent released by specified facilities in part of the territory, which supersede the permissible limits stipulated by the emission standards under the said Paragraph.
4. The prefectural ordinance referred to in the preceding Paragraph shall clarify the range of the relevant territory.
5. In the case any prefecture establishes emission standards under the provisions of Paragraph 3, the prefectural governor concerned shall notify in advance the Director General of the Environment Agency and governors of relevant prefectures (limited to the establishment of emission standards for effluent referred to in the said Paragraph).
Article 9 (Recommendations Concerning Emission Standards)
The Director General of the Environment Agency may recommend to any prefecture
that it establish emission standards under the
provisions of Paragraph 3 of
the preceding Article or modify the existing emission standards prescribed under
the provisions
of the said Paragraph, when deemed especially necessary to prevent
air pollution or water pollution of public waters by dioxins.
Article 10 (Total Mass Emission Control Standards)
In areas where specified facilities to which gas emission standards (including
the emission standards for emission gas prescribed
in Paragraph 3 of Article
8. The same shall apply hereinafter in this Paragraph.) apply (hereinafter referred
to as "facilities
to which gas emission standards apply") are concentrated,
and designated by Cabinet Order as areas where it is difficult to attain
the
standards relating to air pollution provided for in Article 7 solely with the
gas emission standards (hereinafter referred
to as "specified areas"), prefectural
governors shall formulate total mass emission reduction plans with respect to
dioxins
released into the air by specified business establishments installed
with facilities to which gas emission standards apply (hereinafter
referred
to as "business establishments to which total mass emission control standards
apply") established in the specified
areas concerned, and establish total mass
emission control standards in accordance with the provisions of an Order of
the Prime
Minister's Office, based on the said plan.
2. Prefectural governors may, when deemed necessary, subdivide the specified area concerned into two or more sub-areas and establish the total mass emission control standards prescribed in the preceding Paragraph for each sub-area.
3. Prefectural governors may, with respect to a business establishment to which total mass emission control standards apply, which has newly installed a facility to which gas emission standards apply (including a factory or business establishment which has newly become a business establishment to which total mass emission control standards apply through installation or alteration of the structure, etc., of a specified facility) and a newly established business establishment to which total mass emission control standards apply, in accordance with the provisions of an Order of the Prime Minister's Office, establish special total mass emission control standards, which supercede the total mass emission control standards referred to in Paragraph 1, based on the total mass emission reduction plan under the said Paragraph.
4. With respect to a business establishment subject to total mass emission control standards, the total mass emission control standards provided for in Paragraph 1 or the preceding Paragraph, shall be the permissible limits of the total level of dioxins released from outlets (meaning smoke stacks installed in the facilities to which gas emission standards apply to release emission gas into the air from the facilities, and other openings in the facilities. The same shall apply hereinafter.) of all facilities to which gas emission standards apply which are installed in the business establishment.
5. In the case there is a certain area which is deemed to satisfy the requirements of an area to be designated by Cabinet Order referred to in Paragraph 1, prefectural governors may propose that the Prime Minister draft a Cabinet Order by which the area is to be so designated as provided for in the said Paragraph.
6. Residents may propose to the prefectural governor who has jurisdiction over their domicile that he or she make a proposal referred to in the preceding Paragraph.
7. When attempting to enact, or revise or abolish a draft of, a Cabinet Order as stipulated in Paragraph 1, the Prime Minister shall hear the opinions of the governors of relevant prefectures.
8. Prefectural governors shall make public announcements when establishing total mass emission control standards provided for in Paragraphs 1 or 3. The same shall apply when amending or abolishing the standards.
Article 11 (Total Mass Emission Reduction Plans)
With regard to the specified areas concerned, the total mass emission reduction
plans, referred to in Paragraph 1 of the preceding
Article, shall prescribe
matters referred to in Items (3) and (4) in accordance with the provisions of
a Cabinet Order, for
the purpose of reducing emissions from the level referred
to in Item (1) to the level referred to in Item (2), in consideration
of the
type and size, etc., of facilities to which gas emission standards apply. In
this case, where it is necessary, for the
purpose of achieving the plans, to
subdivide specified areas concerned into two or more sub-areas, due to the distribution
of facilities subject to gas emission standards, the level of emissions referred
in Items (1) and (2) shall be the respective
level of dioxins released in each
sub-area.
(1) Total emissions of dioxins released into the air by all facilities to which gas emission standards apply in the specified areas concerned.
(2) Total emissions of dioxins released into the air by facilities to which gas emission standards apply in the specified areas concerned, computed as prescribed by Order of the Prime Minister's Office, in light of standards concerning air pollution referred to in Article 7.
(3) Reduction target with regard to the level of emissions referred to in Item (1) (including interim reduction targets, if such reduction targets are set).
(4) Period and methods of achieving the plans.
2. When formulating the total mass emission reduction plans referred to in Paragraph 1 of the preceding Article, prefectural governors shall hear the opinions of the Council established pursuant to the provisions of Article 43 of the Basic Environment Law (Law No.91 of 1993), other council organizations and heads of relevant municipalities, and shall hold public hearings to hear the opinion of residents in the specified areas. .
3. When formulating the total mass emission reduction plans referred to in Paragraph 1 of the preceding Article, prefectural governors shall discuss the plans in advance with, and obtain the approval of, the Director General of the Environment Agency.
4. Prefectural governors shall publicly announce the matters referred to in each Item of Paragraph 1, after formulating the total mass emission reduction plans referred to in Paragraph 1 of the preceding Article.
5. Prefectural governors may revise the total mass emission reduction plans referred to in Paragraph 1 of the preceding Article, when such a revision has become necessary due to changes in the condition of air pollution, etc., in the specified areas concerned.
6. The provisions of Paragraphs 2 through 4 shall apply correspondingly to any changes made to plans referred to in the preceding Paragraph.
Article 12 (Notification of the Establishment of Specified Facilities)
Any person who plans to establish a specified facility shall notify the following
information to the prefectural governor in
accordance with the provisions of
an Order of the Prime Minister's Office:
(1) That person's name or the name of the business, address, and in the case of a corporation, the name of the representative of the corporation;
(2) Name and location of the specified business establishment;
(3) Type of the specified facility;
(4) Structure of the specified facility;
(5) Method of operation of the specified facility; and
(6) In the case of a facility to which gas emission standards apply, the method of disposal of generated gas (meaning the gas generated by a facility to which gas emission standards apply. The same shall apply hereinafter), and in the case of a specified facility to which effluent standards are concerned (including emission standards relating to effluent provided for in Paragraph 3, Article 8) (hereinafter referred to as "facility subject to effluent standards"), the method of disposal of waste water or fluid discharged by the said facility subject to effluent standards.
2. The notification under the provisions of the preceding Paragraph shall be accompanied by documents containing estimated level of dioxin emissions (meaning the level of dioxins contained in emission gas, in the case of a facility to which gas emission standards apply, and in the case of a facility subject to effluent standards, the level of dioxins contained in effluent discharged by a specified business establishment which has installed a facility subject to effluent standards (hereinafter referred to as "business establishment to which effluent standards apply"), in consideration of the kind or structure of the specified facility or disposal methods of generated gas or waste water or fluid, etc., and other matters set forth by Order of the Prime Minister's Office.
Article 13 (Transitional Measures)
Any person who has installed a facility (including any person engaging in such
installation work. The same shall apply in the
following Paragraph.) which becomes
a specified facility and releases emission gas or effluent, shall notify, within
thirty
(30) days after the date that the concerned facility becomes a specified
facility, the matters referred to in each Item of Paragraph
1 of the preceding
Article to the prefectural governor, in accordance with the provisions of an
Order of the Prime Minister's
Office.
2. Any person who is referred to in the top column of the following table shall report, within thirty (30) days after the dates prescribed in the bottom column of the said table, the matters referred to in the middle column of the said table to the prefectural governor, in accordance with the provisions of an Order of the Prime Minister's Office. Any person who has installed a facility subject to effluent standards when it becomes a facility to which gas emission standards apply: Matters referred to in Item (6) of Paragraph 1 of the preceding Article relating to the generated gas: Date when the facility subject to effluent standards became a facility to which gas emission standards apply. Any person who has installed a facility to which gas emission standards apply when it becomes a facility subject to effluent standards: Matters referred to in Item (6) of Paragraph 1 of the preceding Article relating to the waste water or fluid discharge: Date when the facility to which gas emission standards apply became a facility subject to effluent standards.
3. The provisions of Paragraph 2 of the preceding Article shall apply correspondingly to the notification under the provisions of the preceding Paragraph 2.
Article 14 (Notification of Changes in the Structure, etc., of Specified
Facilities)
Any person who has made notification under the provisions of Paragraph 1 of
Article 12 or Paragraphs 1 or 2 of the preceding
Article and plans to change
the notified matters referred to in Items (4) through (6) of Paragraph 1 of
Article 12 or matters
referred to in the middle column of the table in Paragraph
2 of the preceding Article, shall notify such plans to the prefectural
governor,
in accordance with the provisions of an Order of the Prime Minister's Office.
2. The provisions of Paragraph 2 of Article 12 shall apply correspondingly to the notifications under the provisions of the preceding Paragraph.
Article 15 (Order for Modification of Plans, etc.)
In the case a prefectural governor, upon receiving notification under the provisions
of Paragraph 1 of Article 12 or Paragraph
1 of the preceding Article, finds
that the level of dioxins contained in emission gas or effluent, at outlets
of the specified
facility in the case of emission gas, or at drainage outlets
(meaning where effluent is discharged. The same shall apply hereinafter.)
of
a business establishment to which effluent standards apply installed with a
specified facility in the case of effluent,
of the specified facility covered
in the notification, fails to comply with emission standards prescribed in Paragraph
1 of
Article 8 (in the case the emission standards are set forth according to
Paragraph 3 of the said Article, including such emission
standards. Hereinafter
referred to simply as "emission standards"), he or she may, within sixty (60)
days after the date of
receipt of the notification, order the person who made
the notification to modify the plan with regard to the structure or the
method
of operation of the specified facility concerned, or the method to dispose generated
gas or waste water or fluid discharge
relating to the specified facility concerned
(including the abolishment of the notified plan under Paragraph 1 of the preceding
Article) or abolish the plan with regard to the installation of the specified
facility notified under Paragraph 1 of Article
12.
Article 16
In the case the prefectural governor, upon receiving notification under the
provisions of Paragraph 1 of Article 12 or Paragraph
1 of Article 14, finds
that, the total amount of dioxins released from outlets of all facilities to
which gas emission standards
apply which are installed in the business establishment
to which total mass emission control standards apply concerned, fails
to comply
with total mass emission control standards, with regard to the notified business
establishment to which total mass
emission control standards apply in which
a facility to which gas emission standards apply is being installed (including
a
factory or business establishment which is designated as a business establishment
to which total mass emission control standards
apply as a result of installation
of a specified facility or the alteration of structure. The same shall apply
hereafter in
this Article), he or she may, within sixty (60) days after the
date of receipt of the notification, order the installing person
of the concerned
business establishment to whichh total mass emission control standards apply
to improve the methods to dispose
of generated gas at the concerned business
establishment to which total mass emission control standards apply, or to take
other
necessary measures.
Article 17 (Restrictions on Implementation)
Any person who has provided notification under the provisions of Paragraph 1
of Article 12 or Paragraph 1 of Article 14, shall
not install the specified
facility covered in the notification or modify the structure, the method of
operation, or the methods
to dispose of generated gas, wastewater or fluid discharge
from the specified facility covered in the notification, within sixty
(60) days
after the date the notification has been received.
2. In the case the prefectural governor finds that the contents of matters notified under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article 14 are reasonable and suitable, he or she may shorten the period prescribed in the preceding Paragraph.
Article 18 (Report of Changes in Name, etc.)
In case the person who provided notification under the provisions of Paragraph
1 of Article 12 or Paragraph 1 of Article 13
changes any matters notified under
Items (1) or (2) of Paragraph 1 of Article 12
or abolishes the operation of the specified facilities notified, the person
shall notify that change or abolition to the prefectural
governor within thirty
(30) days after doing so.
Article 19 (Succession)
Any person who has obtained or has leased the specified facility notified from
a person who provided notification under the
provisions of Paragraph 1 of Article
12 or Paragraph 1 of Article 13, shall succeed to the status of the person who
provided
notification with respect to the specified facility concerned.
2. In the case of inheritance or merger relating to a person who provided notification under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article 13, the inheritor or the corporation which continues to exist after the merger or the corporation which is established as a result of the merger, shall succeed to the status of the person who provided the notification concerned.
3. Any person who, under the provisions of the preceding two Paragraphs, succeeds to the status of the person who provided notification under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article 13, shall notify the succession to the prefectural governor within thirty (30) days after the date of succession.
4. Any person who has succeeded to the status of the person who provided notification under the provisions of Paragraphs 1 or 2 above with respect to all facilities to which gas emission standards apply installed at a specified business establishment, shall succeed to the status of the person who installed the business establishment, as pertains to the application of the provisions of Article 16 or Paragraph 3 of Article 22.
Article 20 (Restrictions on Emissions)
Any person who releases emission gas or effluent (hereinafter referred to as
"emitter"), shall not release emission gas or effluent
where the level of dioxins
contained in the emission gas or effluent fails to comply with emission standards,
at the outlets
of emission gas in the case of a facility subject to gas emission
standards and at the drainage outlets of a business establishment
to which effluent
standards apply where the concerned facility subject to effluent standards is
installed in the case of a
facility subject to effluent standards.
2. The provisions of the preceding Paragraph shall not apply to emission gas released from the concerned facility or effluent relating to the concerned facility of a person who has installed the facility concerned at the time it becomes designated as a specified facility (including any person engaging in installation. The same shall apply in the following Paragraph.) for one (1) year after the date the facility concerned becomes a specified facility. However, this limitation shall not exist when the factory or business establishment concerned is already a business establishment to which effluent standards apply at the time when the facility concerned becomes a facility subject to effluent standards, and when provisions of an ordinance of the local government applicable to the person are equivalent to provisions of the preceding Paragraph (excluding cases in which there are no punitive provisions for violations of provisions prescribed in the ordinance of the local government).
3. The provisions of Paragraph 1 shall not apply to emission gas released by a facility of a person who has installed the facility concerned at the time the facility subject to effluent standards is designated a facility to which gas emission standards apply, or to effluent relating to a facility to which gas emission standards apply of a person who has installed the facility concerned at the time the facility to which emissions standards apply becomes a facility subject to effluent standards, for one (1) year after the date the facility concerned becomes a facility to which gas emission standards apply or a facility subject to effluent standards, respectively. In this case, the provisions of the conditional clause in the preceding Paragraph shall apply correspondingly.
Article 21 (Restrictions on Emission Relating to Total Mass Emission
Control Standards)
Any person who releases emission gas into the air from a business establishment
to which total mass emission control standards
apply, shall not release emission
gas, in which the total level of dioxins released from the outlets of all facilities
to which
gas emission standards apply installed in the business establishment
to which total mass emission control standards apply, fails
to comply with the
total mass emission control standards.
2. The provisions of the preceding Paragraph shall not apply to a person who releases emission gas into the air from a facility to which gas emission standards apply installed in a factory or business establishment which has newly become a business establishment subject to total mass emission control standards as a result of a revision of the Cabinet Order stated in Paragraph 2 of Article 2, a revision of the Order of the Prime Minister's Office stated in Paragraph 1 of Article 8, or a revision of the Cabinet Order stated in Paragraph 1 of Article 10, for one (1) year after the date the factory or business establishment concerned becomes a business establishment subject to total mass emission control standards.
Article 22 (Orders for Improvement, etc.)
In the case a prefectural governor finds that an emitter is likely to continue
to release emission gas or effluent that fails
to comply with the emission standards,
at outlets of an installed facility to which gas emission standards apply or
at the
drainage outlet of a business establishment to which effluent standards
apply, he or she may order the person to improve, within
a prescribed period,
the structure, or the method of operation of the specified facility, or the
method of disposal of generated
gas or waste water or fluid discharge relating
to the specified facility concerned, or he or she may order the temporary suspension
of the operation of the specified facility concerned.
2. The provisions of Paragraphs 2 and 3 of Article 20 shall apply correspondingly to the orders prescribed in the preceding Paragraph.
3. In the case the prefectural governor finds that emission gas that fails to comply with total mass emission control standards is likely to continue to be released, he or she may order the person who has installed the facility at the business establishment total mass emission control standards apply which is releasing the emission gas concerned, to improve, within a prescribed period, the method of disposal of gas generated by the business establishment concerned or to take other necessary measures.
4. The provisions of the preceding Paragraph shall not apply to a factory or business establishment which has newly become a business establishment subject to total mass emission control standards as a result of a revision of the Cabinet Order stated in Paragraph 2 of Article 2, a revision of the Order of the Prime Minister's Office stated in Paragraph 1 of Article 8, or a revision of the Cabinet Order stated in Paragraph 1 of Article 10, for one (1) year after the factory or business establishment concerned becomes a business establishment subject to total mass emission control standards.
Article 23 (Measures in Case of Accidents)
Any person who has installed a specified facility shall make efforts to take
emergency measures immediately and try to take
recovery measures promptly when
a large amount of dioxins is released into the air or public water areas as
a result of the
occurrence of failure, damage, and other accidents of a specified
facility.
2. In case of an accident referred to in the preceding Paragraph, the person referred to in the said Paragraph shall immediately report the circumstances of the accident to the prefectural governor. However, this shall not apply to cases where reporting has been conducted in accordance with the provisions of Paragraph 1 of Article 23 of the Law Concerning the Prevention of Disaster Related to Petrochemical Complexes (Law No.84 of 1975).
3. When a prefectural governor finds that an accident mentioned in Paragraph 1 has adversely affected or is likely to adversely affect the health of residents around the specified business establishment, he or she may order the person referred to in Paragraph 1 relating to the accident to take necessary measures to prevent the expansion or recurrence of the accident.
4. When a prefectural governor receives a report referred to in the provisions of Paragraph 2, or issues the order referred to in the preceding Paragraph, he or she shall report the matter promptly to the Director General of the Environment Agency.
Section 2 Disposal of Soot and Dust Relating to Waste Incinerators, etc.
Article 24 (Disposal of Soot and Dust Relating to Waste Incinerators)
In the case soot and dust, incineration ash, and other cinders discharged from
a waste incinerator designated as a specified
facility and collected by a dust
collector of the specified facility concerned are disposed (including being
recycled), such
disposal shall be made so that the amount of dioxins contained
in the soot and dust, incineration ash, and other cinders concerned
is within
the standards established by Ordinance of the Ministry of Health and Welfare.
2. With respect to soot and dust, incineration ash, and other cinders discharged from a waste incinerator designated as a specified facility and collected by a dust collector of the specified facility concerned, the "explosiveness" in Paragraph 3 of Article 2 of the Waste Disposal and Public Cleansing Law (Law No.137 of 1970) shall be replaced by the "explosiveness of cinders and others relating to a waste incinerating facility", the "explosiveness" in Paragraph 5 of the said Article shall be replaced by the "explosiveness of dust, incineration ash, and other cinders discharged from a waste incinerator designated as a specified facility and collected by a dust collector of the waste incineration facility", the "standards are" in Paragraph 3 of Article 6-2 of the said law shall be replaced by "standards, other than those stipulated in Paragraph 1 of Article 24 of the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999), are", and "Cabinet Order" in Paragraph 1 of Article 12-2 of the said Law shall be replaced by "Cabinet Order, other than stipulated in Paragraph 1 of Article 24 of the Law Concerning Special Measures Against Dioxins", and the provisions of the said Law shall be applied.
Article 25 (Maintenance and Management of Final Landfill Site of Waste)
Final landfill sites for waste shall be maintained and managed in accordance
with the standards established by Order of the
Prime Minister's Office and Ordinance
of the Ministry of Health and Welfare, so as to prevent dioxins from polluting
the air,
public water areas, groundwater, and soil.
2. With respect to final disposal sites of waste, "Order of the Prime Minister's Office and Ordinance of the Ministry of Health and Welfare" in Article 8-3 of the Waste Disposal and Public Cleansing Law shall be replaced by "Order of the Prime Minister's Office and Ordinance of the Ministry of Health and Welfare (including Order of the Prime Minister's Office and Ordinance of the Ministry of Health and Welfare in Paragraph 1 of Article 25 of the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999). The same shall apply to Paragraph 5 of Article 5 and Article 15-2-2.)", and the provisions of the said Law shall be applied.
Article 26 (Monitoring and Surveillance)
Prefectural governors shall monitor and survey from time to time the level of
pollution of the air, water (including bottom
sediment. The same shall apply
hereinafter), and soil caused by dioxins in the areas under the jurisdiction
of the prefectures
concerned.
2. Prefectural governors shall report the results of the monitoring and surveillance referred in the preceding Paragraph to the Director General of the Environment Agency.
Article 27 (Surveys and Measurements by the Prefectural Governors, etc.)
Prefectural governors shall, in consultation with the heads of local administrative
agencies of the national government and
the heads of local governments, conduct
surveys and measurements of the status of pollution of the air, water, and soil
caused
by dioxins in the areas under the jurisdiction of the prefecture concerned.
2. The national government and local governments shall conduct surveys and measurements on the basis of the results of the consultation referred to in the preceding Paragraph and send the results to prefectural governors.
3. Prefectural governors shall publicly announce the results of surveys and measurements referred to in Paragraph 1 and the results of surveys and measurements which are received in accordance with the provisions of the preceding Paragraph.
4. To survey and measure the status of soil contamination by dioxins, head of a national administrative agency or prefectural governors may, when necessary, and to the extent necessary, have their personnel enter the premises and conduct surveys and measurements of the soil and other items, or collect the minimum amount of the soil and other items required to conduct the surveys and measurements, without providing recompense.
5. The personnel entering the premises in accordance with the provisions of the preceding Paragraph shall carry identification showing their identity and present it to the relevant persons.
Article 28 (Measurement by Person Who Has Installed a Facility)
Any person who has installed a facility to which gas emission standards apply
or a business establishment to which effluent
standards apply shall measure
the status of pollution caused by dioxins in accordance with a Cabinet Order,
as frequently as
designated by Cabinet Order but not less than once a year,
with respect to emission gas discharged from the concerned facility
to which
gas emission standards apply or effluent discharged from the concerned business
establishment to which effluent standards
apply.
2. In the case that the measurement referred to in the preceding Paragraph is conducted relating to a waste incinerator that is designated as a specified facility, the status of pollution caused by dioxins shall be also measured in accordance with a Cabinet Order with respect to soot and dust, incineration ash, and other cinders discharged from them and collected by dust collectors.
3. Any person who has installed a facility to which gas emission standards apply or a business establishment to which effluent standards apply, shall report the results to the prefectural governor, after carrying out the measurement in accordance with the provisions of the preceding two Paragraphs.
4. The prefectural governor shall publicly announce the reported results of measurement referred to in Paragraphs 1 and 2, after receiving the report in accordance with the provisions of the preceding Paragraph.
Article 29 (Designation of Controlled Areas)
Prefectural governors shall be able to, within the territory under the jurisdiction
of the prefecture concerned, designate as
the controlled areas against soil
contamination by dioxins (hereinafter referred to as "controlled areas"), the
areas where
the status of soil contamination by dioxins fails to comply with
standards for soil contamination referred to in Article 7, and
satisfies the
conditions established by Cabinet Order as being necessary to conduct the removal,
etc., of contamination by
dioxins..
2. When attempting to enact, or revise or abolish a draft of, the Cabinet Order stipulated in the preceding Paragraph, the Prime Minister must hear the opinions of the Central Environment Council.3. When attempting to designate the controlled areas, prefectural governors shall hear the opinions of the Council set forth in the provisions of Article 43 of the Basic Environment Law , other council organizations, and heads of relevant municipalities.
4. After designating controlled areas, the prefectural governors shall, without delay, publicly announce the designation, report it to the Director General of the Environment Agency, and notify the heads of relevant municipalities, in accordance with an Order of the Prime Minister's Office. 5 The heads of municipalities may request prefectural governors to designate as controlled areas certain areas under the jurisdiction of the municipalities concerned which are applicable to the requirements set forth by the Cabinet Order stipulated in Paragraph 1.
Article 30 (Modification of the Controlled Areas)
When the necessity arises due to any changes of the conditions which resulted
in the designation of a controlled area, the prefectural
governor may modify
the territory of the controlled area or cancel the designation.
2. The provisions of Paragraphs 3 and 4 in the preceding Article apply correspondingly to the modification of territory of a controlled area or the cancellation of the designation, pursuant to the provisions of the preceding Paragraph.
Article 31 (Plans of Measures Against Soil Contamination by Dioxins)
Prefectural governors shall, without delay, establish Plans of Measures Against
Soil Contamination by Dioxins (hereinafter referred
to as "Plans of Measures")
after designating controlled areas.
2. Of the following Items, the necessary information shall be included in the Plans of Measures:
(1) Of the following items, the necessary information according to the status of land use within the controlled areas, pursuant to Cabinet Order: a. Information concerning the implementation of projects relating to the removal of soil contaminated by dioxins b. Information concerning the implementation of projects necessary for preventing damage to human health connected with land use relating to soil which is contaminated by dioxins, and other necessary measures
(2) Information concerning the implementation of projects to prevent soil contamination by dioxins
3. When attempting to establish the Plans of Measures, prefectural governors shall hear the opinions of heads of relevant municipalities, and hold public hearings to hear the opinions of residents in the controlled areas.
4. When attempting to establish the Plans of Measures, prefectural governors shall discuss the plans in advance with, and obtain the approval of, the Prime Minister.
5. The Prime Minister shall consult the heads of relevant administrative bodies, before giving the approval referred to in the preceding Paragraph.
6. After establishing the Plans of Measures, prefectural governors shall, without delay, publicly announce their outlines and notify the heads of relevant municipalities.
7. The provisions of the Pollution Control Public Works Cost Allocation (Law No. 133 of 1970) shall apply to projects based on the Plans of Measures, in the case a causal relation is clear, between the discharge of dioxins by a business establishment and soil contamination by dioxins, based on scientific knowledge.
Article 32 (Modifications to the Plan of Measures)
Prefectural governors may modify the Plans of Measures, when such modification
is considered necessary as a result of a change
in the territory of a controlled
area or a change, etc., in the status of soil contamination of the premises
caused by dioxins
on land within a controlled area.
2. The provisions of Paragraphs 3 through 6 in the preceding Article shall apply correspondingly to a modifications of the Plans of Measures (excluding slight changes set forth by an Order of the Prime Minister's Office) pursuant to the provisions of the preceding Paragraph.
Article 33
The Prime Minister shall establish a plan to reduce dioxins released as a result of business
activities in Japan.
2. The plan referred to in the preceding Paragraph shall provide the information in the following Items:
(1) Reduction targets relating to the estimated amount of dioxin emissions categorized by type of business activity in Japan
(2) Information relating to measures to be taken by businesses to achieve the reduction targets provided in the preceding Item
(3) Information relating to measures to be taken by the national government and local governments to promote the recycling and reuse of resources, and to reduce waste which is a cause of the generation of dioxins
(4) Other necessary information relating to the reduction of dioxins released as a result of business activities in Japan
3. When the Prime Minister is attempting to establish the plan referred to in Paragraph 1, the said plan shall be deliberated by the Conference on Environmental Pollution Control.
4. The Prime Minister shall, without delay, make public announcement after establishing the plan referred to in Paragraph 1.
5. The provisions stipulated in the preceding two Paragraphs shall apply correspondingly to modifications of the plan referred to in Paragraph 1.
Article 34 (Reporting and Inspection)
The Director General of the Environment Agency or prefectural governors may,
to the extent necessary to enforce this Law, request
any person who has installed
a specified facility to report on the condition of the facility and other necessary
information,
or have their personnel enter a specified business establishment
to inspect the specified facility and other items, in accordance
with a Cabinet
Order.
2. The collection of reports by the Director General of the Environment Agency or on-the-spot inspections by his or her personnel referred to in the preceding Paragraph shall be conducted in cases deemed to be urgently required to prevent damage to human health resulting from air, water, or soil pollution by dioxins.
3. The personnel conducting on-the-spot inspections in accordance with the provisions of Paragraph 1 shall carry identification showing their identity and present it to the relevant persons.
4. The authority to conduct on-the-spot inspections in accordance with the provisions of Paragraph 1 shall not be interpreted as having been recognized to be for a criminal investigation.
Article 35 (Exclusions)
For any person referred in the top column of the following table, the provisions
referred in the bottom column of the said table
shall not apply, with regard
to facilities or business establishments referred in the middle column of the
said table. These
persons shall be pursuant to the corresponding provisions
of the Mine Safety Law (Law No. 70 of 1949), the Electric Utility Industry
Law
(Law No. 170 of 1964), the Gas Utility Industry Law (Law No. 51 of 1954), or
the Law Relating to the Prevention of Marine
Pollution and Maritime Disasters
(Law No. 136 of 1970).
(1) Any person who releases emission gas from a building, structure, and other specified facilities prescribed in Paragraph 1 of Article 8 of the Mine Safety Law, installed in a mine prescribed in the text of Paragraph 2 of Article 2 of the said Law (hereinafter referred to as "mine facility") or who discharges effluent from a mine prescribed in the text of Paragraph 2 of Article 2 of the said Law, which has installed a mine facility designated as a specified facility: In the case of a facility to which gas emission standards apply, the specified facility concerned, and in the case of a facility subject to effluent standards, the mine concerned: Articles 12 through 19, Paragraphs 1 and 3 of Article 22, and Article 23.
(2) Any person who releases emission gas from an electrical structure prescribed in Item (14) of Paragraph 1 of Article 2 of the Electric Utility Industry Law (hereinafter referred to as "electrical structure") designated as a specified facility or discharges effluent from a factory or business establishment which has installed an electrical structure designated as a specified facility: The specified facilities concerned: Articles 12 through 19, Paragraphs 1 and 3 of Article 22, and Paragraphs 2 through 4of Article 23.
(3) Any persons who releases emission gas from a gas structure which is designated as a specified facility prescribed in Paragraph 12 of Article 2 of the Gas Utility Industry Law: The specified facilities concerned: Articles 12 through 19, Paragraphs 1 and 3 of Article 22, and Paragraphs 2 through 4 of Article 23.
(4) Any person who releases effluent from a factory or business establishment with a waste oil disposal facility prescribed in Item (14) of Article 3 ofthe Law Relating to the Prevention of Marine Pollution and Maritime Disasters (hereinafter referred to as "waste oil disposal facility"), which is designated as a specified facility: The specified facilities concerned:Article 12
through 19, Paragraph 1 and 3 of Article 22, and Article 23.(5) Any person who discharges effluent from factories or business establishments installing specified facilities which are marine facilities stipulated in Paragraph 3, Article 38 of the Law Relating to the Prevention of Marine Pollution and Maritime Disasters (excluding waste oil disposal facilities): The specified facilities concerned: Article 23.
2. When the heads of the administrative bodies of the national government who have the authority by the Laws prescribed in the preceding Paragraphs (hereinafter referred to simply as "heads of administrative bodies" in this Article) receive requests for permission or approval, or notification concerning a specified facility provided in the preceding Paragraph pursuant to the provisions of the Mine Safety Law, the Electric Utility Industry Law, or the Gas Utility Industry Law, which correspond to the provisions of Articles 12, 14, 18, or Paragraph 3 of Article 19, they shall inform the prefectural governor who has jurisdiction over the location of the factory or business establishment installing the special facility concerned of the information relating to the request for permission or approval, or the notification.
3. When prefectural governors find that dioxins contained in emission gas or effluent relating to a special facility prescribed in Article 1 are likely to cause damage to human health, they may request the heads of administrative bodies to take measures under the provisions of the Mine Safety Law, the Electric Utility Industry Law, or the Gas Utility Industry Law which correspond to the provisions of Articles 15, 16 or Paragraphs 1 or 3 of Article 22 (in case of the Law Relating to the Prevention of Marine Pollution and Maritime Disasters, the provisions of the said Law which correspond to the provisions of Articles 15 or 16).
4. When the heads of administrative bodies take measures in response to the request made under the provisions of the preceding Paragraph, they shall inform the prefectural governors concerned of the measure.
Article 36 (Requests for Submission of Documents, etc.)
The Director General of the Environment Agency may request the heads of relevant
local governments to submit the necessary information
or provide explanations,
when deemed necessary in order to achieve the aims of this Law.
2. Prefectural governors may request the heads of relevant administrative bodies or the heads of relevant local governments to provide information or offer cooperation with respect to the condition, etc., of specified facilities, or express their opinions with respect to the prevention or removal, etc., of environmental pollution by dioxins, when deemed necessary in order to achieve the aims of this Law.
Article 37 (Directions by the Director General of the Environment Agency)
The Director General of the Environment Agency may, when deemed urgently necessary
to prevent damage to human health by pollution
of air, water, or soil by dioxins,
provide the necessary directions to prefectural governors or the heads of cities
(including
special districts) prescribed by the Cabinet Order referred to in
Paragraph 1 of Article 41 with respect to the following administrative
matters:
(1) Administrative matters relating to the orders provided for in Articles 15 and 16, Paragraphs 1 and 3 of Article 22, and Paragraph 3 of Article 23
(2) Administrative matters relating to the designation provided for in Paragraph 1 of Article 29 and the modification or cancellation provided for in Paragraph 1 of Article 30
(3) Administrative matters relating to the request provided for in Paragraph 3 of Article 35
(4) Administrative matters relating to requesting cooperation or expressing opinion provided for in Paragraph 2 of the preceding Article.
Article 38
The national government shall make efforts to provide the necessary financial
aid, technical assistance, and other support in
order to prevent environmental
pollution caused by dioxins resulting from business activities at factories
or business establishments,
or establish or improve facilities to remove such
pollution. (Promotion of Research, etc.)
Article 39 (Government Assistance)
The national government shall make efforts to promote research concerning technologies
for the disposal of dioxins and the effects
of dioxins on human health, or other
research on the prevention and removal, etc., of environmental pollution by
dioxins, and
disseminate the results of such research.
Article 40 (Transitional Measures)
In formulating, revising, or abolishing an order pursuant to the provisions
of this Law, the national government may establish
certain transitional measures
(including transitional measures concerning penalties) within the extent deemed
reasonably necessary
for the said formulation, revision, or abolishment.
Article 41 (Administrative Tasks Conducted by the Heads of Cities Established
by Cabinet Order)
A portion of the administrative tasks that fall under the authority of prefectural
governors according to the provisions of
this Law, may be conducted by the heads
of cities designated by Cabinet Order (including special districts. The same
shall
apply in the following Paragraph), in accordance with a Cabinet Order.
2. The heads of cities designated by Cabinet Order stipulated in the preceding Paragraph shall provide the prefectural governors with information which is required for the enforcement of this Law and prescribed by Order of the Prime Minister's Office.
Article 42 (Division of Administrative Tasks)
Of administrative tasks to be processed by prefectures pursuant to the provisions
of this Law, those to be processed in accordance
with the provisions of Paragraph
1 of Article 10 (excluding those relating to the formulation of the emission
reduction plan)
and those to be processed in accordance with the provisions
of Paragraphs 2 and 3 of the said Article and Article 26, shall fall
under the
Item (1) statutory commissioned administrative service prescribed in Item (1)
of Paragraph 9 of Article 2 of the
Local Autonomy Law (Law No. 67 of 1947).
Article 43 (Relationship with Ordinances)
The provisions of this Law shall not prevent local governments from establishing
the necessary regulations by ordinances, with
regard to matters relating to
emissions of dioxins contained in exhaust released into the air by a facility
to which gas emission
standards do not apply, or water discharged by a factory
or business establishment to which effluent standards do not apply.
Article 44
Any person who fails to obey an order issued under the provisions of Article 15, Article 16, or
Paragraph 1 or 3 of Article 22 shall
be subject to imprisonment of not more than one (1) year or
a fine of not more than 1,000,000 yen.
Article 45
Any person to whom any one of the following Items applies shall be subject to imprisonment of
not more than six (6) months or a fine
of not more than 500,000 yen.
(1) Any person who violates the provisions of Paragraph 1 of Article 20 or Paragraph 1 of Article 21.
(2) Any person who violates an order issued under the provisions of Paragraph 3 of Article 23.
2. Any person who, by negligence, commits the criminal act referred to in Item (1) of the preceding Paragraph shall be subject to confinement of not more than three (3) months or a fine of not more than 300,000 yen.
3. With regard to the violation referred to in Item (1) of Paragraph 1 and the preceding Paragraph, the person who committed the violation concerned shall be penalized, only in cases where prefectural governors have their personnel conduct on-the-spot inspection of the facility relating to the violation concerned, within three (3) months after the date of the violation concerned, pursuant to the provisions of Paragraph 1 of Article 34, and where, in the on-the-spot inspection concerned, the result of measurement conducted according to the methods provided by Order of the Prime Minister's Office do not comply with the emission standards or the total mass emission control standards.
Article 46
Any person who fails to provide notification as required under the provisions
of Paragraph 1 of Article 12
or Paragraph 1 of Article 14 or submits a false notification shall be subject
to imprisonment of not more than three (3) months
or a fine of not more than
300,000 yen.
Article 47
Any person to whom any one of the following Items applies shall be subject to a fine of not
more than 200,000 yen.
(1) Any person who fails to provide notification as required under the provisions of Paragraph 1 of Article 13 or submits a false notification
(2) Any person who violates the provisions of Paragraph 1 of Article 17
(3) Any person who fails to provide notification as required under the provisions of Paragraph 1 of Article 34 or submits a false notification, or refuses, obstructs or evades an inspection conducted under the provisions of the said Paragraph.
Article 48
In the case the representative of a corporation, or a corporation, or representative, employee or
other personnel of a person commits
a violation referred to in the four preceding Articles with
respect to the business the said corporation or person, not only the
violator but also the
corporation or the person employing that person shall be fined as stipulated in said Articles.
Article 49
Any person who fails to provide notification as required or submits a false
notification under the provisions of Paragraph 2
of Article 13, Article 18,
or Paragraph 3 of Article 19 shall be fined not more than 100,000 yen.
Article 1 (Date of Enforcement)
This Law shall be enforced within less than six (6) months after the date of
the promulgation and the date of enforcement shall
be determined by Cabinet
Order, except for the provisions referred to in the following Items, which shall
be enforced on the
date provided for in each Item concerned.
(1) Provisions in Paragraph 2 of Article 26, Paragraph 2 of Article 34, Article 37, and Article 42, and Article 5 of Supplementary Provisions shall be enforced on April 1, 2000.
(2) Provisions of Article 10 of Supplementary Provisions revising the Law Concerning Pollution Prevention Organization in Designated Factories (Law No. 107 of 1971) which add Item (1) to Paragraph 1 of Article 3 and Item (1) to Paragraph 1 of Article 4 of the said Law, shall be enforced two (2) years after the day of the promulgation.
Article 2 (Review)
The Government shall promote research and study of bromine-base dioxins with
regard to the extent of their effects on human
health, the process of generation,
etc., and take necessary measures based on the results.
2. The state of regulations for dioxins shall, pursuant to the aims of this Law, be reviewed based on the level achieved by scientific knowledge at a given point in time (in the following Paragraph referred to simply as the "scientific knowledge"), and necessary measures such as revisions shall be taken according to the results of the review.
3. In consideration of the health risk and accumulation of dioxins in food, measures against dioxins shall be reviewed based on scientific knowledge, and necessary measures shall be taken according to the results of the review.
Article 3
In consideration of the characteristics involved in the generation process of
dioxins, the Government shall review the regulations
regarding the structure,
maintenance and management of small-scale waste incinerators and the state of
regulations for incineration
of waste that is not conducted using waste incineration
facilities, and take the necessary measures according to the results of
the
review.
Article 4 (Transitional Measures)
Until March 31, 2000, the Council established pursuant to the provisions of
Article 43 of the Basic Environment Law (Law No.91
of 1993), other council organizations
in Paragraph 2 of Article 11 and "the Council set forth in the provisions of
Article
43 of the Basic Environment Law, other council organizations" in Paragraph
3 of Article 29 shall be replaced by " Prefectural
Environment Councils"; "shall
discuss the plans in advance with, and obtain the approval of, the Director
General of the Environment
Agency " in Paragraph 3 of Article 11 shall be replaced
by "shall report the matters provided in each Item of Paragraph 1 to the
Director
General of the Environment Agency, pursuant to an Order of the Prime Minister's
Office. In this case, the Director
General of the Environment Agency may, on
receiving the report concerned, provide necessary advice or recommendations
concerning
the formulation of the plan concerned"; " discuss the plan in advance
with, and obtain the approval of, the Prime Minister" in
Paragraph 4 of Article
31 shall be replaced by "obtain the Prime Minister's approval"; "The Director
General of the Environment
Agency or prefectural governors" in Paragraph 1 of
Article 34 shall be replaced by "the prefectural governors"; and "cities designated
by Cabinet Order (including special districts. The same shall apply in the following
Paragraph)" in Paragraph 1 of Article
41 shall be replaced by "cities designated
by Cabinet" and "conducted by" in the said Paragraph shall be replaced by "delegated
to".
2. In the case notification has been made under the provisions of Paragraph 3 of Article 11 (including the case where Paragraph 6 of the said Article is applied correspondingly) which shall be applied until March 31, 2000 by replacing the provisions of the preceding Paragraph, the total mass emission reduction plan relating to the notification concerned under Paragraph 1 of Article 10 shall, after April 1 of the same year, be deemed as the total mass emission reduction plan provided for in Paragraph 1 of Article 10 which has been approved under the provisions of Paragraph 3 of Article 11 (including the case where Paragraph 6 of the said Article is applied correspondingly).
Article 5 (Partial Revision of the Local Autonomy Law)
Part of the Local Autonomy Law shall be revised as follows: The following shall
be added to (1) of Table: Law Concerning Special
Measures Against Dioxins (Law
No. 105 of 1999): Administrative matters to be processed by prefectures under
the provisions
of this Law, which shall be processed under the provisions of
Paragraph 1 of Article 10 (excluding those relating to the formulation
of total
mass emission reduction plan) and those to be processed under the provisions
of Paragraphs 2 and 3 of the said Article
and Article 26.
Article 6 (Partial Revision of the Law on Finance and Other Assistance for
Small Business)
Part of the Law on Finance and Other Assistance for Small Business (Law No.
115 of 1956) shall be revised as follows: In article
5, ", facilities for the
prevention of the discharge of dioxins (dioxins referred to in Paragraph 1 of
the said Article) from
specified facilities under the provisions of Paragraph
2 of Article 2 of the Law Concerning Special Measures Against Dioxins (Law
No.
105 of 1999)" shall be added after "facilities for the prevention of discharge".
Article 7 (Partial Revision of the Sewerage Law)
Part of the Sewerage Law (Law No. 79 of 1958) shall be revised as follows: In
Paragraph 2 of Article 11-2, "or facilities subject
to effluent standards provided
for in the provisions of Item (6) of Paragraph 1 of Article 12 of the Law Concerning
Special
Measures Against Dioxins (Law No. 105 of 1999)" shall be added after
"specified facilities provided for".
Article 8 (Partial Revision of the Pollution Control Public Works Cost
Allocation Law)
Part of the Pollution Control Public Works Cost Allocation Law shall be revised
as follows: In Item (3) of Paragraph 2 of Article
2, "or agricultural facilities"
shall be replaced by "or agricultural facilities or land whose soil is polluted
by dioxins
(dioxins referred to in Paragraph 1 of Article 2 of the Law Concerning
Special Measures Against Dioxins (Law No. 105 of 1999)".
Article 9 (Partial Revision of the Law on Special Financial Arrangement by
the Government for Public Pollution Control Projects)
Part of the Law on Special Financial Arrangement by the Government for Public
Pollution Control Projects (Law No. 70 of 1971)
shall be revised as follows:
In Paragraph 3 of Article 2, Item (8) shall be changed to Item (9), Item (7)
shall be changed
to Item (8), and the following Item shall be added after Item
(6):
(7) Top-soil replacement projects carried out relating to land whose soil is polluted by dioxins (dioxins referred to in Paragraph 1 of Article 2 of the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999). The same shall apply hereinafter.) and other projects provided for by Cabinet Order to prevent or remove pollution caused by dioxins. In Paragraph 3 of Article 3, "Item (7)" shall be replaced by "Item (8)". In the Table the text, "Top-soil replacement projects and facility reconstruction projects under Item (6) of Paragraph 3 of Article 2 and other land improvement projects provided for by Cabinet Order: Percentage provided for by Cabinet Order that is not less than 50% but not more than 55%." shall be replaced by "Top-soil replacement projects and facility reconstruction projects under Item (6) of Paragraph 3 of Article 2 and other land improvement projects provided for by Cabinet Order: Percentage provided for by Cabinet Order that is not less than 50% but not more than 55%." "Top-soil replacement projects under Item (7) of Paragraph 3 of Article 2 and other projects provided for by Cabinet Order for the prevention, removal, etc., of pollution caused by dioxins: Percentage provided for by Cabinet Order that is not less than 50% but not more than 55%."; "Item (7) of Paragraph 3 of Article 2" shall be replaced by "Item (8) of Paragraph 3 of Article 2"; and "Item (8) of Paragraph 3 of Article 2" shall be replaced by "Item (9) of Paragraph 3 of Article 2".
Article 10 (Partial Revision of the Law Concerning Pollution Prevention
Organization in Specified Factories)
Part of the Law Concerning Pollution Prevention Organization in Specified Factories
shall be revised as follows: In Item (2)
of Article 2, "The same shall be applied
hereinafter" shall be replaced by "the same shall be applied to (a) and (b)
of Item
(2) of Paragraph 1 of Article 3" and the following Item shall be added
to the said Article:
(7) Factories which have installed facilities that generate and release dioxins (dioxins referred to in Paragraph 1 of Article 2 of the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999). The same shall apply hereinafter.) into the air or release waste water or fluid discharge containing dioxins (hereinafter referred to as "dioxin generating facilities") and are designated by Cabinet Order The following Item shall be added to Paragraph 1 of Article 3.
(7) For designated factories under Item (7) of the preceding Article, the following business: a. Matters concerning the monitoring of operational methods of the dioxin generating facility, the maintenance and operation of facilities and their attached facilities to dispose of generated gas provided for in Item (6) of Paragraph 1 of Article 12 of the Law Concerning Special Measures Against Dioxins, generated by a dioxin generating facility, or to dispose of waste water or fluid discharged from the dioxin generating facility .b Matters concerning the measurement and keeping of records of the level of dioxins contained in emission gas provided for in Paragraph 3 of Article 2 of the Law Concerning Special Measures Against Dioxins (hereinafter referred to as "emission gas") or effluent c Other necessary matters for the prevention of pollution by dioxins which are established by Ordinance of the competent ministry The following Item shall be added to Paragraph 1 of Article 4.
(7) With regard to specified factories under Item (7) of Article 2, the implementation of the measurement of the level of dioxins contained in emission gas or effluent and other technical matters established by Ordinance of the competent ministry included in matters referred to in Item (7) of Paragraph 1 of the preceding Article In Article 10, "or the Law Concerning Special Measures Against Dioxins" shall be added after "the Vibration Regulation Law".
Article 11 (Partial Revision of the Law Concerning Special Measures
for Conservation of the Environment of the Seto Inland Sea)
Part of the Law Concerning Special Measures for Conservation of the Environment
of the Seto Inland Sea (Law No. 110 of 1973)
shall be revised as follows: In
Paragraph 1 of Article 5, "means a specified facility" shall be replaced by
"means a specified
facility or a facility subject to effluent standards provided
for in Item (6) of Paragraph 1 of Article 12 of the Law Concerning
Special Measures
Against Dioxins (Law No. 105 of 1999)"; "the said Paragraph" shall be replaced
by "Paragraph 2 of Article
2 of the Water Pollution Control Law"; and "is installed"
shall be replaced by "or a facility subject to effluent standards provided
for
in Item (6) of Paragraph 1 of Article 12 of the Law Concerning Special Measures
Against Dioxins is installed". The following
two Paragraphs shall be added to
Article 12.
5. With regard to the application of the provisions of Articles 12 through 19 and Paragraphs 2 through 4 of Articles 35 of the Law Concerning Special Measures Against Dioxins (limited to portions relating to Articles 12, 14 through 16, 18, and 19), the specified facility concerned relating to a person who releases effluent from a factory or a business establishment installed with a specified facility in an area provided for in Paragraph 1 of Article 5, shall not be deemed a facility subject to effluent standards provided for in Item (6) of Paragraph 1 of Article 12 of the said Law.
6. With regard to the application of the provisions in Paragraph 1 of Articles 34 of the Law Concerning Special Measures Against Dioxins in the areas provided for in Paragraph 1 of Article 5 , "this Law" in the said Paragraph shall be replaced by "this Law (including the provisions of Articles 5 through 11 of the Law Concerning Special Measures for Conservation of the Environment of the Seto Inland Sea (Law No. 110 of 1973)).
Article 12 (Partial Revision of the Environment Agency Establishment Law)
Portions of the Environment Agency Establishment Law (Law No. 88 of 1971) shall
be revised as follows: The following Item shall
be added after Item (15) of
Article 4. (15)-2 Executing administrative matters concerning the enforcement
of the Law Concerning
Special Measures Against Dioxins (Law No. 105 of 1999)
which are included in its responsibilities.
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