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Soil Contamination Countermeasures Law

Soil Contamination Countermeasures Law

* Ministry of the Environment Government of Japan (Tentative Translation)

Law No. 53 of 2002

Chapter 1 General Provisions

Article 1 Purpose
This Law aims at protection of the public health by conducting the soil contamination countermeasures, whereby specifying the soil contamination conditions by Specific Harmful Substances, establishing measures to prevent human health hazard by the contamination, and others

Article 2 Definition
1. In this Law, "Specific Harmful Substances" mean lead, arsenic, trichloroethylene and other substances (excluding the radioactive substances) which are prescribed by Cabinet Order to have the fear to cause damage to human health due to their presence in soil.

2. In this Law, "Soil Contamination State Investigation" means the investigation of a state of the contamination of the soil by the Specific Harmful Substances as specified in the first paragraph of the following Article and Article 4.

Chapter 2 Soil Contamination State Investigation

Article 3 Investigation on the land where was a site of the abolished specific factories or the business places using harmful substances
1. The owner, manager or occupier ("owners, etc." in the following) of the lot of the factory or the enterprise relating to abolished Specified Facilities using harmful substances (the Specified Facilities prescribed by paragraph 2 of Article 2 of Water Contamination Control Law (Law No. 138 of year 1970) (simply called as "Specified Facilities" in the following paragraph), in which substances (those limited to Specific Harmful Substances) are manufactured, used or treated, same in the following) who has established the said Specified Facilities using harmful substances, or who has been notified by the prefectural governor according to the following paragraph must, according to Order of Ministry of the Environment, let the person nominated by Environment Minister survey the state of soil contamination of the lot under concern using the method prescribed by the Order of the Ministry of the Environment , and report the results to the prefectural governor. However, when a person has received a confirmation from the prefectural governor that, according to the Order of the Ministry of the Environment Minister, there is no fear of causing human health damage by the Specific Harmful Substances in soil in view of the planned method of use of the lot, this shall not apply.

2. The prefectural governor shall, when receiving the notification of the abolishment of use of the Specified Facilities according to the Article 10 of Water Contamination Control Law (limited to those that are Specified Facilities using harmful substances) or when coming to know the abolishment of the use of Specified Facilities using harmful substances, and if there are owners, etc. other than the one who has established the said Specified Facilities using harmful substances, according to the Order of the Ministry of the Environment, notify the owners, etc. of the lot the notification that the use of the said Specified Facilities using harmful substances has been abolished and other items as specified by the Order of the Ministry of Environment.

3. The prefectural governor may, if the person prescribed in the paragraph 1 does not submit the report according to the said paragraph, or made a false report, order the person, according Cabinet Order, to make such a report, or to correct the content of the report.

Article 4 Investigation on the lot which is liable to cause health damage due to soil contamination
1. The prefectural governor may, other than those prescribed in the main part of paragraph 1 of former Article, when comes to know that there is a lot which corresponds to standards as specified by Cabinet Order to be liable to cause health damage due to soil contamination by the Specific Harmful Substances, order the owners, etc. of the said lot as prescribed by Cabinet Order, to have the person designated by the Minister of Environment according to the said paragraph survey using the method prescribed by the Order of the Ministry of Environment according to the said paragraph, and order to report thereon.

2. The prefectural governor may, when ordering the survey of the state of contamination of soil due to Specific Harmful Substances and the report of the result (named as "survey, etc." in the following in this paragraph) according to the preceding paragraph, and when without fault the person to whom the said survey, etc. should be ordered cannot be confirmed, and also, where leaving it as it were is found to counter the public interest, he or she can, by him or herself, conduct the said survey. In this case, notification that the said survey, etc. should be done within specified certain period, and that when the survey, etc. has not been done within the period, the governor by him or herself will do it should be notified beforehand.

Chapter 3 The Designation of the Designated Area, etc.

Article 5 The designation of the Designated Area, etc.
1. The prefectural governor shall, following the Soil Contamination State Survey, designate the said lot to be the lot polluted by the Specific Harmful Substances when he or she acknowledges that the state of the contamination by the Specific Harmful Substances does not fulfill the standard prescribed by Order of the Ministry of the Environment.

2. The prefectural governor should, when conducting the designation by the preceding paragraph, publicize the deed according to the Order of the Ministry of the Environment.

3. The designation of the paragraph 1 takes effect by the notification of the preceding paragraph.

4. The prefectural governor shall, when recognizing that, due to the removal of soil contamination by the Specific Harmful Substances, whole or part of the lot of designation pursuant to the nomination (named as "Designated Area" in the following) has lost the meaning of the designation pursuant to the said paragraph, dissolve the nomination of the relevant whole or part of the said lot.

5. The regulation of paragraph 2 and 3 applies similarly to the cancellation of the preceding paragraph.

Article 6 Designated Area Register
1. The prefecture governor must prepare a register of the Designated Area (hereinafter, denoted as "the Designated Area Register" in this article) and keep this.

2. The matters such as the entry items of the Designated Area Register and other necessary matters regarding its preparation and maintenance are prescribed by Order of the Ministry of the Environment.

3. The prefectural governor can not refuse the reading of a Designated Area Register if it is required, unless there is a proper reason.

Chapter 4 The Prevention Action of the Health Damage by the Soil Contamination

Article 7 Process Order
1. The prefectural governor may, when finding that, due to the soil contamination by the Specific Harmful Substances, there is the Designated Area which amounts to that corresponds to the standard prescribed by Cabinet Order, order the owners, etc. of the lot that, according to those prescribed by Cabinet Order, and within the necessary limit of preventing the contamination, the removal of the said contamination, the prevention of diffusion of the said contamination and other necessary measures (named as "measures of removal of contamination, etc." in the following). However, if it is evident that the soil contamination by the Specific Harmful Substances of the said lot is caused by the action by a person other than the owners, etc. of the said lot, and it is worthwhile to have the person who has done such action (including those inherited the position through heir-ship, merger or division; same in the following) take the measures to remove the contamination, etc. and if there is no objection on the side of the owners, etc. of the said lot to apply such a measure, the matter may turn out differently.

2. In the preceding paragraph, for the case of the provisions provided following "however", the prefectural governor may, according to the provision of Cabinet Order, and within the limit of preventing the damage, order the person who has made the action, by permitting the considerable period to take measures of removal of contamination, etc.

3. The provision of paragraph 2, Article 4 applies mutatis mutandis to the case when the prefectural governor is about to order the measure of removal of contamination, etc. according to the provisions of the preceding two paragraphs. In this case, the "the said survey, etc" and "the said survey" in the paragraph 2, Article 4 should be understood to be "measures to remove the said contamination, etc."

4. The technical standard about the implementation of the actions such as the removal, etc. of the contamination to be applied mutatis mutandis at paragraph 1, paragraph 2 or the preceding paragraph is specified by Order of the Ministry of the Environment.

5. The regulation of paragraph 2 and 3 applies to the cancellation of the preceding paragraph.

Article 8 Request of the fee for the actions such as the removal of the contamination
1. The owner, etc. of the land who received the Order of the paragraph 1 of the preceding Article may, when the contamination of the soil by the specific harmful substance of the said lot is caused by the action by a person other than the owner, etc. of the said lot, he or she may charge the fee which the actions of the removal, etc. of the contamination cost. However, when the person who did the action is thought of as already paid or regarded as paid the expense, this does not apply.

2. The claim prescribed in the preceding paragraph is diminished by prescription if not exercised within 3 years after the said removal of contamination, etc. is made and the person who did the action became known. The same applies to the case when 20 yeas have passed since the said contamination removal measure, etc. has been applied.

Article 9 Register of the change of form of the lot and the Order to change the plan
1. The person who wishes to gather the soil and undergo other form of the land reform in the Designated Area should submit a notification, by the time of 14 days before the day to start alteration of the lot, as prescribed by Order of the Ministry of the Environment, itemizing the kind, the place, the enforcement way, the scheduled date of the start, etc. of the change of form and quality of the said lot, as prescribed by Order of the Ministry of the Environment, to the prefectural governor. However, this provision may not apply to the actions prescribed in the following sub-paragraph:

(1) The actions such as the removal of the contamination which are based on the Order by the regulation of the paragraph 1 or paragraph 2 of Article 7.

(2) The action of normal management, of plain deeds and others to be specified by Order of the Ministry of the Environment.

(3) The action that have been already set when a Designated Area was specified.

(4) The action of doing an emergency action which is necessary because of a serious disaster.

2. The person who has already set about the change of the form or quality of the lot in the concerned Designated Area when a Designated Area is specified shall, within 14 days of the designation, notify to the prefectural governor of it in accordance with Order of the Ministry of the Environment.

3. The person who has done an emergency action which was necessary because of a serious disaster shall, within 14 days starting from the day when the said change of the form or quality of the lot has started, submit a note to that effect to the prefectural governor, in accordance with Order of the Ministry of the Environment.

4. The prefectural governor may, when the notification as specified in the paragraph 1 is made, and when it is deemed that the implementation method of the change of the form or quality of the lot does not adapt to that specified by the standard specified by Order of the Ministry of the Environment, order the person who has made the notification to change the plan regarding the implementation method of the change of the form or quality of the lot within 14 days of the receipt of such a notification.

Chapter 5 Designated Survey Institute

Article 10 Application of the designation, etc.
1. The designation of the paragraph 1 of Article 3 is done following the application by the person who tries to do Soil Contamination State Investigation in accordance with Order of the Ministry of the Environment.

2. The Minister of the Environment must announce officially when he or she does the designation of the paragraph 1 of Article 3.

Article 11 Disqualifying clause
1. The person who falls under either of each of the following sub-paragraphs can not receive the designation of the paragraph 1 of Article 3.

(1) The person who has not passed 2 years since violating the disposition which is based on this Law or being punished by this Law, having ended the execution, or relieved from execution.

(2) The person who has not passed 2 years since having been canceled the designation by the regulation of paragraph 1 of article 19.

(3) The legal entity with one of its administrators falls under either of the above 2 sub-paragraphs.

Article 12 Standard of the designation
The Minister of the Environment shall not conduct the designation if he or she admits that the application of the designation of paragraph 1 of Article 3 fits in with any of the following sub-paragraphs.

(1) The one which fits in with the standard to be specified by Order of the Ministry of the Environment to perform precisely and smoothly the accounting basis and the technical ability of Soil Contamination State Investigation business.

(2) For the legal entity, the one which does not have the fear that the composition of the administrators, or, according to the kind of the legal entity, of the members who compose it as prescribed by Order of the Ministry of the Environment shall not exert hindrance on the implementation of Soil Contamination State Investigation.

(3) Except otherwise stated by two sub-paragraphs as above, the one which fits in with the standard to be specified by Order of the Ministry of the Environment as the one which does not have the fear that Soil Contamination State Investigation becomes unfair.

Article 13 Register of the change of the establishment
1. The person who received the designation of the paragraph 1 of Article 3 (hereinafter called as "a Designated Survey Institute") shall, when he or she is going to change a location of the establishment which conducts Soil Contamination State Investigation, register to the Minister of the Environment by the time of 2 weeks before the day to plan to change.

2. When the Register of the preceding paragraph is submitted, the Minister of the Environment shall officially announce to that effect.

Article 14 Duty of conducting Soil Contamination State Investigation
1. The Designated Survey Institute must conduct Soil Contamination State Investigation without delay except for the case where it has a proper reason not to do so.

2. The Designated Survey Institute must conduct Soil Contamination State Investigation fairly, and according to the manner to be specified by the Ministry of the Environment prescribed by the paragraph 1 of Article 3.

3. The Minister of the Environment may order, when and if the Designated Survey Institute does not conduct the Soil Contamination State Investigation, or conduct it with unsuitable manner, implementation of the survey or improve the method to do so.

Article 15 Business prescription
1. The Designated Survey Institute must specify prescriptions (called "the business prescriptions" at the following paragraph) about the business of Soil Contamination State Investigation, and before starting the business of Soil Contamination State Investigation, notify to the Minister of the Environment. When trying to change this, it also must do the same.

2. The matters to be specified by the business prescriptions shall be clarified by the Ministry of the Order of the Ministry of the Environment order.

Article 16 Conformation Order
When the Minister of the Environment acknowledges that the Designated Survey Institute has come not to adapt with either of the sub-paragraphs of Article 12, it may order the Designated Survey Institute to take necessary measures to adapt to these measures.

Article 17 Register of the abolition of the business
1. When the Designated Survey Institute has abolished the business of Soil Contamination State Investigation, it shall, in accordance with the Ministry of the Order of the Ministry of the Environment order and without delay, notify the Minister of the Environment of this.

2. When the register of the preceding paragraph is made, the Minister of the Environment shall officially announce to this effect.

Article 18 Expiration of the designation
When the Designated Survey Institute abolishes the business of Soil Contamination State Investigation, it loses the effect of the designation by the paragraph 1 of Article 3.

Article 19 Canceling of designation
1. The Minister of the Environment may cancel the designation of the paragraph of 1 of Article 3, if the Designated Survey Institute corresponds to either of the following sub-paragraphs.

(1) When coming to correspond to the sub-paragraph (1) or (3) of Article 11.

(2) When violating the regulation of the paragraph 1 of Article 13 or the paragraph 1 of Article 15.

(3) When violating the Order prescribed by the regulation in the paragraph 3 of the Article 14 or Article 16.

(4) When receiving the designation of the paragraph 1 of Article 3 by unjust means

2. The Minister of the Environment shall announce officially, when he or she cancels the designation by the prescription of the preceding paragraph.

Chapter 6 The Designated Support Legal Entity

Article 20 Designation
1. The Minister of the Environment may, upon its application, designate a legal entity, only one throughout Japan, which is a legal entity, as defined by Article 34 of Civil Law (Law No. 89 of year 1896), perceived to conduct the business as defined in the following Article (named as "support business" hereafter) adequately and certainly, as the one to do the support business.

2. The Minister of the Environment shall, when he or she has done the designation of the preceding paragraph, officially announce the name, the location and the address of business place of the entity (named as "the Designated Support Legal Entity" hereafter) which received the said designation.

3. The designated support legal entity shall, when it is going to change its name, location or the address of the business place, notify to the Minister of the Environment beforehand to this effect.

4. When notification of the preceding paragraph is submitted to the Minister of the Environment, the Minister shall officially announce to this effect.

Article 21 Business
1. The Designated Support Legal Entity shall conduct the following business.

(1) To deliver a grant fund to local public bodies which provide promotion to the persons who takes measures such as the removal of the contamination on the lot in the Designated Area in a way prescribed by Cabinet Order.

(2) To respond to enquiry or consultation, or to provide necessary advices regarding the Soil Contamination State Investigation, or such measures as the removal of the contamination on the land in the Designated Area or the change of the shape and quality on the land (named as "Soil Contamination State Investigation, etc." in the next sub- paragraph).

(3) For the purpose of promoting the proper and smooth implementation of Soil Contamination State Investigation, etc., to disseminate knowledge and improve the understanding of the people about the impact to human health of the contamination by the specific harmful substance in the soil.

(4) To conduct the business which is associated with the 3 sub-paragraphs as above.

Article 22 Fund
The Designated Support Legal Entity shall establish a fund regarding the support business (named simply as "Fund" in the following Article), and allot it with the subsidy granted according the said Article as well as with the fund donated by those other than the Government under the condition to use for the support business.

Article 23 Subsidy to the Fund
The government may subsidize the means to allot the Fund to the Designated Support Legal Entity within the range of the budget.

Article 24 Business plan, etc.
1. The Designated Support Legal Entity shall prepare, every business year, a Business Plan Document and an Income and Expenditure Budget Document about the support business in accordance with the Order of the Ministry of the Environment, and shall receive authorization of the Minister of the Environment. This provision also applies when going to change them.

2. The Designated Support Legal Entity shall prepare a Business Report and an Income and Expenditure Settlement Accounts Report about the support business after ending every business year in accordance with the Order of the Ministry of the Environment, and submit them to the Minister of the Environment.

Article 25 Classified accounting
The Designated Support Legal Entity shall classify from other accountings the accounting which relates to support business, and process it by establishing a special account.

Article 26 Duty about confidentiality
The administrator or staff, or those who had been in the position of them shall not leak the secret matters that he or she comes to know in relation to the business prescribed in sub-paragraphs (1) or (2) of Article 21, or sub-paragraph (4) of the same Article (limited to that associated with sub-paragraphs (1) or (2) of the said Article).

Article 27 Supervision Order
The Minister of the Environment can issue the Supervision Order about the Support Business to the Designated Support Legal Entity, within the limit which is necessary to enforce regulations in this chapter.

Article 28 Canceling of designation
1. The Minister of the Environment may, when the Designated Support Legal Entity corresponds to either of the following sub-paragraphs, may cancel the designation of the paragraph 1 of the Article 20.

(1) When being recognized that it cannot implement the support business in a properly and surely manner.

(2) When having violated the provisions in this chapter, or the orders or the dispositions which are based on the provisions of, or the concerned regulations in, this chapter.

(3) When received the designation of the paragraph 1 of the Article 20 by unjust means.

2. When the Minister of the Environment cancels designation by the regulation of the preceding paragraph, he or she must officially announce the said action.

Chapter 7 The Miscellaneous Provisions

Article 29 Report and inspection
1. The Minister of the Environment or a prefectural governor may, within the necessary limit of the enforcement of this Law, ask the owner, etc. of the lot relating to the soil contamination state survey or of that within the Designated Area, or the person who conducts the measure of removal of contamination at the lot within the Designated Area or changes the shape and quality of the lot or has done so, to report on such necessary matters as the state of the said lot, measures of removal of said contamination, etc. or state of implementation of the change of the lot, or he or she may let their staff enter the said lot, and inspect the state of the said lot, measures of the removal of the said contamination, etc. or state of implementation of the change of the lot.

2. The gathering of the report or field inspection by his or her staff prescribed in the preceding paragraph by the Minister of the Environment shall be done for the emergency cases necessary to prevent the occurrence of human health damage due to the designated harmful substances in the soil.

3. The Minister of the Environment may, within the necessary limit of the enforcement of this Law, ask Designated Survey Institute or Designated Support Legal Entity necessary report on the state of their business or accounting, or let his or her staff to enter the office and inspect the state of business, or the items such as books and documents.

4. The staff who conducts the field inspection according to the regulation of paragraph 1 or the preceding paragraph shall carry the certificate which shows his or her status and shall show it to the persons concerned.

5. The authority of the field inspection of paragraph 1 or 3 shall not be interpreted as admitting to investigate a crime.

Article 30 Consultation
The prefectural governor shall, when issuing an order pursuant to paragraph 3 of Article 3, paragraph 1 of Article 4, paragraph 1 or 2 of Article 7, or paragraph 4 of Article 9, on the lot that is managed by the person who manages the facility on the basis of his or her authority which, on the basis of the statute, is used for the public purposes, shall consult with the person who manages the said facility.

Article 31 Request for the presentation of documents, etc.
1. The Minister of the Environment may demand the prefectural governor to present and explain necessary documents when he or she perceives that there is a need to do so to achieve the purpose of this Law.

2. The prefectural governor may, when he or she perceives that there is a need to do so to achieve the purpose of this Law, ask the head of the related governing bodies or the head of the related local public bodies the cooperation for sending necessary documents and others, or to state opinions regarding the prevention of health damage relating to human health due to the Specific Harmful Substances in soil.

Article 32 Instruction by the Minister of the Environment
The Minister of the Environment may, when deemed emergently necessary to prevent the occurrence of the damage relating to human health due to soil contamination by designated harmful substances, make necessary Orders to the prefectural governor or the city Mayors denoted by Cabinet Order (including Special cities) regarding the following businesses.

(1) The business about the confirmation of the paragraph 1 of Article 3.

(2) The business about the Order of the paragraph 3 of Article 3, the paragraph 1 of Article 4, the paragraphs 1 and 2 of Article 7, and paragraph 4 of Article 9.

(3) The business about the survey of the paragraph 2 of Article 4.

(4) The business about the notification of the paragraph 1 of Article 5.

(5) The business about the official announcement of the paragraph 2 of Article 5.

(6) The business about the cancellation of the designation of the paragraph 4 of article 5.

(7) The business about the measures such as the removal of the contamination of the paragraph 2 of Article 4 to be used mutatis mutandis to paragraph 3 of Article 7.

(8) The business about requesting the cooperation or providing views of the paragraph 2 of the preceding Article.

Article 33 Assistance of the State
1. The State shall, in order to prevent the occurrence of damage related to human health due to soil contamination by designated harmful substances, endeavor for such assistance as the intercession of fund necessary for the soil contamination state survey or the implementation of measures such as removal of contamination at the lot within the Designated Area, or for the technical advice.

2. When taking measures prescribed in the preceding paragraph, special considerations shall be made on the medium and small business persons.

Article 34 Promotion of research, etc.
The State shall endeavor to promote the research on the technology of the removal of the contamination and other research to prevent the occurrence of the damage which affects the human health by the soil contamination by the Designated Harmful Substance and to promote dissemination of the result.

Article 35 Improvement of the understanding of the public
1. The State and the local public body shall endeavor to deepen the understanding of the public about the impact which the contamination by the soil contamination by Designated Harmful Substances exerts on the health of the person, through the education activity, public relations activity and other activities.

2. The State and the local public body shall endeavor to develop the human resources necessary to achieve the obligation of the preceding paragraph.

Article 36 Transition provision
For the case of the establishment, alteration or abolition of Orders based on the provision of this Law, the Order may, by that Order, establish, within the range to be judged rationally necessary in association to its establishment, alteration or abolition, necessary transition provisions (including those related to punitive provisions).

Article 37 Processing of business by the Mayor of the city prescribed by Cabinet Order
The part of the business which belongs to the authority of the prefectural governor may be delegated to the city Mayor prescribed by Cabinet Order (including special wards) in accordance with the prescription of Cabinet Order.

Chapter 8 The Punitive Provisions

Article 38
Any person who violated an Order prescribed by the paragraph 3 of Article 3, the paragraph 1 of Article 4, the paragraph 1 of Article 7 or the paragraph 4 of Article 9 shall be liable to not more than 1 year of penal service or a fine of not more than 1,000,000 yen.

Article 39
Any person who did not submit the notification or submitted untrue notification specified by the regulation of paragraph 1 of Article 9 shall be liable to not more than 3 months of penal service or a fine of not more than 300,000 yen.

Article 40
Any person who corresponds to either of following sub-paragraphs shall be liable to a fine of not more than 300,000 yen.

(1) A person who violated the provision of Article 26.

(2) A person who did not submit a report, or submitted an untrue report prescribed by paragraph 1 or 3 of Article 29, or who refused, hindered or evaded an inspection prescribed by these regulations.

Article 41
When the representative of a legal body, or an agent, an employee and other engager of a legal body or a person has committed the unlawful action prescribed in the preceding 3 Articles (excluding sub- paragraph (1) of the preceding Article), the punishment of the fine of each Article shall be made, not only to the undertaker, but also to his or her legal body or the employer.

Article 42
Any person who did not submit the notification based on the provision of the paragraph 2 or 3 of Article 9, or submitted an untrue notification shall be liable to a fine of not more than 200,000 yen.

Supplementary Provisions

Article 1 Date of the enforcement
The date of enforcement of this Law shall be a day fixed by Cabinet Order which does not exceed 9 months counted from the day of the proclamation of the Law.
However, the date of enforcement of the following article shall be a day fixed by Cabinet Order which does not exceed 6 months counted from the day of the proclamation of the Law.
1. The designation of the paragraph 1 of Article 3, and necessary procedures and other actions in this regard may be conducted following the example of the provisions of Article 12 through Article 10 and Article 15 even before the enforcement of this Law.

2. The designation of the paragraph 1 of Article 20, and necessary procedures and other actions in this regard can be conducted even before the enforcement of this Law, as exemplified by the provisions of the said paragraph and paragraph 2 of the said Article, as well as by the paragraph 1 of Article 24.

Article 3 Transitive provision
The provision of Article 3 does not apply to the lot which has been the location of a factory or a business place relating to the designated facility using the harmful substances whose use has been abandoned before the enforcement of the Law.

Article 4 Entrustment to Cabinet Order
Other than the preceding 2 Articles, the necessary transitive provisions shall be prescribed by Cabinet Order.

Article 5 Review
The Government shall, for the case of passing 10 years from the enforcement of the Law, review the manner of the assisting business of the Designated Assisting Legal Entity including its abolishment, and the state of the enforcement of the Law, and based on these, take necessary measures.