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* Ministry of the Environment Government of Japan
Law No. 137 of 1970 Amended by Law No. 71 of 1974, No. 47 and No. 68 of 1976, No. 43 of 1983, No. 87 of 1987, No. 95 of 1991,No. 105 of 1992, No. 89 and No. 92 of 1993, No. 84 of 1994, No. 91 of 1995, No. 85 of 1997, No.54 of 1998, No.64, No.87, No.151 and No.160 of 1999,No.91 and No.105 of 2000,No.66 of 2001.
Original Japanese
Article 1 Purpose
This law is enacted for the purpose of preserving the living environment and
improving public health through the restriction
of waste discharge, appropriate
sorting, storage, collection, transport, recycling, disposal, or the like of
waste and conservation
of a clean living environment.
Article 2 Definitions
In this Law, "waste" refers to refuse, bulky refuse, ashes, sludge, excreta,
waste oil, waste acid and alkali, carcasses and
other filthy and unnecessary
matter, which are in solid or liquid state (excluding radioactive waste and
waste polluted by
radioactivity).
2 In this Law, "municipal solid waste" refers to waste other than industrial waste.
3 In this Law, "specially controlled municipal solid waste" refer to those municipal solid waste specified by a Cabinet Order as wastes which are explosive, toxic, infectious or of a nature otherwise harmful to human health or the living environment.
4 In this Law, "industrial waste" refertothe waste categories defined below:
1) Ashes, sludge, waste oil, waste acid, waste alkali, waste plastics and others specified by a Cabinet Order among all the wastes left as a result of business activity.
2) Imported waste (excluding the kinds of waste defined in the preceding Item, those wastes attributable to navigation of a ship or aircraft (confined to the items specified by a Cabinet Order), which are defined as "navigational waste" in Paragraph1 of Article 15-4-2, and waste personally carried into Japan by persons entering it (confined to the items specified by a Cabinet Order), which are defined as "carried-in waste" also in Paragraph 1 of Article 15-4-2).
5 In this Law, "specially controlled industrial waste" refer to those industrial wastes specified by a Cabinet Order as wastes which are explosive, toxic, infectious or of a nature otherwise harmful to human health and the living environment.
6 In this Law, the term "electronic information processing systems" refer to those electronic information processing systems which have the electronic computer (including the input and output devices; same in the following) pertaining to the use of the Information Processing Center specified in Paragraph 1of Article 13, connected to the input and output devices of the entrepreneurs specified in Paragraph 1of Article 12, commissioned transporters specified in Paragraph 2 of the same Article and commissioned disposers specified in Paragraph 3 of the same Article by way of telecommunication lines.
Article 2-2 Principle of Management within Japan and Restriction of
Imports
Waste generated within Japan shall be appropriately managed of within Japan
whenever it is possible.
2 Imports shall be restricted so as to prevent them from hindering appropriate management of waste within Japan.
Article 2-3 Responsibilities of Citizens
The citizens shall cooperate with the central government and local governments
in their activities for waste reduction by restricting
their waste discharge,
using recycled Articles or otherwise contributing toward the recycling and re-use
of waste, sorting
waste prior to discharge, managing of waste by themselves
as far as possible and so on.
Article 3 Responsibilities of Businesses
The businesses shall appropriately manage of, the waste left as a result of
their business activities.
2 The businesses must endeavor to reduce the amount of waste by recycling or re-use of waste. The businesses shall assess the handling or processing difficulty of the waste generated when the products, their containers or whatever they manufacture, process and seller the like are discarded. They shall develop such products, containers or the like which are unlikely to present handling or processing difficulty, provide information on appropriate management of the waste generated when the products, their containers or the like are discarded, or take some other actions to ensure appropriate management of the said products, containers or the like without difficulty.
3 In addition to the preceding duties in this Article, the businesses shall cooperate with the central government and local governments in their activities to reduce waste, ensure appropriate management and so on.
Article 4 Responsibilities of the Central government and Local Governments
The municipalities (self-governing bodies of cities, towns and villages) shall
endeavor to promote residents' voluntary activities
to reduce their municipal
solid waste in their respective administrative areas and take the necessary
action for proper management
of those municipal solid waste. They shall also
endeavor to perform the management work efficiently by improving the ability
of the management personnel, consolidating disposal facilities and developing
operation techniques.
2 The prefectural governments shall endeavor to give the necessary technical advice to the municipalities under their administration to ensure their adequate performance of the duties prescribed in the preceding Paragraph and shall endeavor to grasp the conditions of industrial waste in the respective prefectures and take the necessary action for proper management of such industrial waste.
3 The central government shall collect information about waste, keep it in orderly arrangement and use it, take measures for promotion of waste management technology development and also take suitable action for proper and smooth waste management throughout Japan. The central government shall endeavor to give the necessary technical and financial assistance to the municipalities and to the prefectural governments for adequate performance of their duties mentioned in the preceding two Paragraphs.
4 To suppress discharge of waste and ensure their proper management, the central government, prefectural governments and municipalities shall all endeavor to enlighten both the general public and businesses on the importance of appropriate solid waste management.
Article 5 Maintaining Cleanliness
Land or building owners (or caretakers in the absence of such owners; and the
same will apply hereinafter) shall endeavor to
maintain cleanliness of the land
or buildings in their possession or under their care.
2 The owners of buildings shall conduct thorough cleaning of the whole building in accordance with a plan which shall be prescribed by the municipality.
3 No person shall be allowed to soil a park, square, camping site, skiing ground, seaside resort, road, river, port or any other public place.
4 The caretakers of the aforementioned places shall exert themselves to keep the places clean.
5 The municipalities shall provide public toilets and waste baskets where they are needed and keep them sanitary. 6 A person or company who operates a transport business with trains, ships or airplanes equipped with toilets shall treat thenight soil in a way not disruptive to the living environment.
Article 5-2 Basic Policy
The Minister of the Environment shall specified forth a basic policy (hereinafter
referred to as "basic policy") for promoting
measures comprehensively and systematically
on restrain of the waste discharge, waste reduction by recycling and other proper
management of waste.
2 The basic policy shall include the following matters
1) Basic direction on waste reduction and other proper management of waste
2) Matters in relation to set up targets for waste reduction and other proper management of waste
3) Basic matters in order to promote measures on waste reduction and other proper management of waste
4) Basic matters on maintenance of waste disposal facilities
5) Besides those prescribed in each of the preceding Paragraphs, necessary matters for waste reduction and other proper management of waste
3 The Minister of the Environment shall specified forth a basic policy, and consult with the heads of the administrative bodies concerned, before trying to change them.
4 The Minister of the Environment shall specified forth a basic policy, and make an announcement when changing them without delay.
Article 5-3 Waste Management Plan by the Prefectural Governments
The prefectural governments shall specified forth a plan for waste reduction
and other proper management of waste in their respective
administrative areas
in line with a basic policy (hereinafter referred to as "waste management plan").
2 The waste management plan shall include the following matters in regard to waste reduction and other proper management of waste in their respective administrative areas in accordance with the standards specified by the Ordinance of the Ministry of the Environment.
1) Estimate of the volume of waste to be generated and that to be managed.
2) Basic matters on waste reduction and other proper management of waste.
3) Matters on systems which are necessary in order to secure the proper management of municipal solid waste.
4) Matters on maintenance of industrial waste disposal facilities.
5) Besides those prescribed in each of the preceding Items, necessary matters on waste reduction and other proper management of waste.
3 The prefectural governments shall specified forth a waste management plan, and seek advice from the Council specified by the provision of Article 43 of the Basic Environment Law (Law No. 91 of 1993), other bodies which have council system or the municipalities concerned, before changing them.
4 The prefectural governments shall set forth a waste management plan, and make an announcement when changing them without delay.
Article 5-4 Promotion to Achieve the Waste Management Plan by the Prefectural
Governments
The central government and prefectural governments shall endeavor to take the
necessary action for achieving the waste management
plan.
Article 5-5 Council for Promotion of Waste Reduction
The municipalities may organize a council for promotion of waste reduction which
is to contemplate matters related to reduction
of waste and others.
2 The necessary matters related to the organization and operation of the said council shall be prescribed by ordinances.
Article 5-6 Promoters of Waste Reduction
The municipalities may commission suitable persons with a social reputation
and both enthusiasm about and expert knowledge and
views of proper management
of municipal solid waste as promoters of waste reduction.
2 The promoters of waste reduction shall cooperate with the municipalities in taking measures for reduction of municipal solid waste and in carrying out other activities.
Section 1 Municipal solid waste Management
Article 6 Municipal Solid Waste Management Plan
The municipalities shall specified forth a definite plan for management of municipal
solid waste in their respective administrative
areas (hereinafter referred to
as a "municipal solid waste management plan").
2 The municipal solid waste management plan shall include the following matters in regard to the management of municipal solid waste in their administrative areas according to the Ordinance of the Ministry of the Environment.
1) Estimate of the volume of municipal solid waste to be generated and that to be managed.
2) Matters related to measures for suppressing discharge of municipal solid waste.
3) Kinds of municipal solid waste to be presorted for collectors and descriptions of those kinds.
4) Fundamentals of proper municipal solid waste management and also the fundamentals relating to the authorities/persons carrying out such management.
5) Matters pertaining to the improvement or expansion of municipal solid waste disposal facilities.
6) Other matters necessary for the management of municipal solid waste.
3 The municipalities shall specified forth a municipal solid waste management plan in line with the basic plan in Paragraph 4 of Article 2 of the Municipalities Law (Law No. 67 of 1947).
4 Each municipality shall endeavor to make its municipal solid waste management plan consistent with similar plans of other municipalities with which the particular municipality is in close interrelations and that significantly affect the municipal solid waste management in its administrative area.
5 The municipalities shall set forth a municipal solid waste management plan, and make an announcement when changing them without delay.
Article 6-2 Management by Municipalities
The municipalities shall collect, transport and dispose of (including recycling
and the same will apply hereinafter (except
for Paragraph 3 of Article 7, Article
7-3, Paragraph 6 of Article 8-2, Paragraph 2 of Article 9, Paragraph 2 of Article
9-2,
Paragraph 11 of Article 9-3, Paragraph 1 of Article 13-11, Article 15-
12, Paragraph 1 of Article 15-15, Paragraph 2 of Article
16-2, Paragraph 2 of
Article 23 and Article 24, and the same will apply hereinafter) municipal solid
waste in their municipal
areas before they interfere with the conservation of
the living environment, according to the municipal solid waste management
plan.
2 Standards on collection, transport and disposal of municipal solid waste (excluding specially controlled municipal solid waste; the same will apply in the rest of Article 6-2 ) which are to be conducted by the municipalities (excluding the standards pertaining to the place and method of ocean disposal, defined by the Law Relating to the Prevention of Marine Pollution and Maritime Disaster (Law No. 136 of 1970), for those of municipal solid waste which may be disposed of in a sea and which will be referred to as the "municipal solid waste management standards") and standards for the case in which a municipality commissions someone else collect, transport and dispose of municipal solid waste shall be prescribed in a Cabinet Order.
3 Standards on collection, transport and disposal of specially controlled municipal solid waste which are to be conducted by the municipalities (excluding the standards pertaining to the place and method of ocean disposal, defined by the Law Relating to the Prevention of Marine Pollution and Maritime Disaster, for those of specially controlled municipal solid waste which may be disposed of in a sea and which will be referred to as the "specially controlled municipal solid waste diposal standards") and standards for the case in which a municipality commissions someone else collect, transport and dispose of specially controlled municipal solid waste shall be prescribed in a Cabinet Order.
4 Owners of land or buildings must exert themselves to dispose of municipal solid waste in their land or buildings that are easily disposable without hindrance to the conservation of the living environment. As to the waste which the owners cannot dispose of by themselves, they must endeavor to cooperate with the municipalities in the collection, transport and disposal of municipal solid waste conducted by the municipalities by properly sorting and storing the said waste according to the municipal solid waste management plan or take other necessary action.
5 The mayors of municipalities are entitled to give owners of land or buildings where a large amount of municipal solid waste is generated due to their business activities in the particular administrative area, instructions regarding planning for reduction of the said municipal solid waste, the place to which they are to be transported, the method of transporting them and other necessary matters.
Article 6-3 Cooperation of Businesses
The Minister of the Environment is entitled to investigate the actual management
of municipal solid waste by the municipalities
and specify, on the basis of
the results of the investigation, certain municipal solid waste which are currently
treated and
managed of by the municipalities and are deemed difficult to be
treated and managed of properly in various parts of Japan with
the municipalities'
present management facilities and technique.
2 The mayors of the municipalities are entitled to demand the cooperation of the businesses manufacturing, processing, selling or otherwise handling a product, container or the like which will result in the generation of the municipal solid waste specified in the preceding Paragraph in order to facilitate the proper management of the said waste by the municipalities according to the Ordinance of the Ministry of the Environment.
3 The Minister of the Environment is entitled to demand to the Minister, who has the supervisory power over businesses that manufacture, process, sell or otherwise handle products, containers or the like which may result in the generation of the municipal solid waste specified in Paragraph 1 of this Article, to take necessary measures which enable municipalities to secure the cooperation from those businesses who manufacture, process, sell or otherwise handle the said products, containers or the like in managing the said waste originating from them.
4 Before specifying the municipal solid waste mentioned in Paragraph1 of this Article, the Minister of the Environment shall consult the minister supervising the businesses that manufacture, process, sell or otherwise handle the products, containers or the like which may result in the generation of the municipal solid waste to be specified under Paragraph1 of this Article.
Section 2 Municipal Solid Waste Management Service
Article 7 Municipal Solid Waste Management Service
No person is allowed to undertake as a contractor to collect and transport of
municipal solid waste without permission from
the prefectual governor with the
jurisdiction over the area in which the person is to conduct the service (or
of the area in
which that person is to load and unload municipal solid waste
if the person is to conduct a transport service only), except for
businesses
(limiting to the ones who transport the municipal solid waste by themselves)
who undertake to collect and transport
of municipal solid waste solely for recycling
as contractors and anyone specified in the Ordinance of the Ministry of the
Environment.
2 The permission prescribed in the preceding Paragraph becomes invalid upon the lapse of a period not less than one year in length prescribed by a Cabinet Order unless the permission is renewed for another period.
3 The mayors of the municipalities shall not grant the permission prescribed in the preceding Paragraph unless they judge that the application for it satisfies the following requirements:
1) It is difficult for the respective municipalities to collect and transport municipal solid waste.
2) The application is in conformity with the municipal solid waste management plan.
3) The facilities used by the contractors and the ability of the applicant are judged sufficient for the proper and continuous conducting of the said services in the light of the standards specified by the Ordinance of the Ministry of the Environment.
4) The applicant is not any of the following:
a. A ward who is an adult, a warrantee or a person who declared bankrupt and not yet reinstated.
b. One who has been sentenced to imprisonment or severer punishment and is still short of one's fifth year from the execution or the interruption of the sentence.
c. One who has been sentenced to more than a fine because of violation of the Septic Tank Law (Law No. 43 of 1983) or any other law for the conservation of the living environment specified by a Cabinet Order, disobedience to action based on such law or law for prevention of unjustified action by gang (Law No, 77 of 1991. Except for Paragraph 7 of Article 31) or violation of Article 204, 206, 208, 208-2, 222 or 248 of the Criminal Law (Law No. 45 of 1907) or the Law Pertaining To Punishment for Act of Violence etc. (Law No. 60 of 1926) and is still short of one's fifth year from the execution or the interruption of the sentence.
d. One whose permit has been revoked under Article 7-3 or Article 14-3 (including the cases applied by replacing wordings in Article 14-6) or under the provision of Paragraph 2 of Article 41 of the Septic Tank Law and is short of one's fifth year from the revocation. (In the case of a legal person, this includes one who is an executive of that organization (an employee, a director or whoever executes the business, including a person who is recognized to have the same or more power to control the business as the above person no matter what kind of title one has, such as an advisor. The same will apply hereinafter in this Item and d. of Item 2 of Paragraph 3 of Article 14) within 60 days from the day it was notified the revocation under Article 15 of Administrative Procedures Act (Law No. 88 of 1993) and is short of its fifth year from the revocation).
e. One who gives good reason to suspect a wrong or dishonest act on one's part in connection with one's municipal solid waste management services.
f. A minor who lacks the abilities of an adult and whose lawful deputy is a person specified in one of a. to e. above.
g. A legal person having a director or employee who is a person specified in one of a. to e. above.
h. An individual having an employee who is a person specified in one of a. to e. above.
4 No person is allowed to undertake as a contractor the disposal of municipal solid waste without permission from the prefectual governorwith the jurisdiction over the area in which the person is to conduct the service, except for a business (provided he/she is to dispose of the municipal solid waste by him/herself), a person undertaking the disposal of municipal solid waste solely for recycling as a contractor and anyone specified in the Ordinance of the Ministry of the Environment.
5 The permission prescribed in the preceding Paragraph becomes invalid upon the lapse of a period not less than one year in length prescribed by a Cabinet Order unless the permission is renewed for a further period
6 The mayors of the municipalities shall not grant the permission prescribed in Paragraph 4 of this Article. unless they judge that the application for it satisfies the following requirements:
1) It is difficult for the particular municipality to dispose of municipal solid waste.
2) The application is in conformity with the municipal solid waste management plan.
3) The facilities used for disposal service and the ability of the applicant are sufficient for the proper and continuous conducting of the waste disposal service in the light of the standards specified by the Ordinanceof the Ministry ofthe Environment. 4) The applicant is none of the persons specified in a. to h. of Item
4) of Paragraph 3 of this Article.
7 The permission prescribed in Paragraph 1 or 4 of this Article may be granted only with respect to a certain area in which municipal solid waste may be collected by the contractor or with conditions necessary for the conservation of the living environment attached to it.
8 The persons with the permission prescribed in Paragraph 1 of this Article (hereinafter referred to as "municipal solid waste collection and transport contractors") and those with the permission prescribed in Paragraph 4 (hereinafter referred to as "municipal solid waste disposal contractors") shall not collect a charge in excess of the amount for collection and transport or disposal prescribed by the provision of Paragraph 1 of Article 228 of the Municipalities Lawin respect of their collection and transport or disposal of municipal solid waste.
9 The municipal solid waste collection and transport contractors and municipal solid waste disposal contractors shall perform their collection and transport or disposal activities in conformance with the municipal solid waste disposal standards (or the specially controlled municipal solid waste management standards in the case of municipal solid waste in that category).
10 The municipal solid waste collection and transport contractors and municipal solid waste disposal contractors shall not commission anyone else carry out their collection and transport or disposal activities.
11 The municipal solid waste collection and transport contractors and municipal solid waste disposal contractors shall keep books and enter in them the particulars about municipal solid waste management which are specified by the Ordinance of the Ministry of the Environment.
12 The books prescribed in the preceding Paragraph shall be stored as directed in the Ordinance of the Ministry of the Environment.
Article 7-2 Permission for Change or the Like
The municipal solid waste collection and transport contractors and municipal
solid waste disposal contractors shall obtain the
municipality's permission
for any change of the scope of the collection and transport business or disposal
business except
discontinuation of part of the business. 2 The provisions in
Paragraph 3 and 7 of the preceding Article will also apply to the
said permission
for a change of the scope of the collection and transport business, and the
provisions of Paragraph 6 and 7
of the same Article will apply to the said permission
for a change of the scope of the disposal business. 3 When a municipal solid
waste collection and transport contractor or a municipal solid waste disposal
contractor discontinues the whole or part of
the collection-and-transport/disposal
business or changes the address or any other matter specified by the Ordinance
of the
Ministry of the Environment., that contractor shall report it to the
mayor of the municipality as prescribed by the Ordinance
of the Ministry of
Health and Welfare.
Article 7-3 Revocation of Permission or the Like
In case a municipal solid waste collection and transport contractor or a municipal
solid waste disposal contractor becomes the
person who falls under one of the
following Items, the mayor of the municipality may revoke the permission or
order that particular
contractor to suspend the whole or part of the business
for a prefixed period.
1) When the person violates this Law or defies action taken under this Law (hereinafter referred to as "act against the Law"), demands or asks another person to act against the Law, or indicates or helps another person to do so.
2) When the facility in which the person uses for their business or the capability of that person becomes not to satisfy the standards prescribed in Item 3) of Paragraph 3 or Item 3) of Paragraph 6 of Article 7.
3) When the person becomes to be one of a. to h.of Item 4) of Paragraph 3 of Article 7.
4) When the person violates the condition attached to the said permission specified in Paragraph 7 of Article 7.
Article 7-4 ProhibitionofRentingtheName
Any municipal solid waste collection and transport contractor or municipal solid
waste disposal contractor must not have any
other persons perform collection
or transport or disposal of municipal solid waste as a work under his own name.
Section 3 Municipal Solid Waste Disposal Facility
Article 8 Permission of Municipal Solid Waste Disposal Facility
Any person intending to install a municipal solid waste disposal facility (referring
to a refuse treatment facility specified
by the Cabinet Order (hereinafter referred
to simply as "refuse treatment facility"), night soil treatment facility (except
for the septic tank specified in Item 1) of Article 2 of Septic Tank Law; same
in the following) and fimal disposal site of municipal
solid waste specified
by the Cabinet Order; same in the following) (except for a municipality intending
to install a municipal
solid waste disposal facility for disposal of municipal
solid waste under the provision of Paragraph 2 of Article 6-2), must have
granted
the permission of the prefectural governor with jurisdiction over the place
of installation of said municipal solid
waste disposal facility (or mayor of
a city or head of a special ward operating public health centers; same in the
following
exceptfor Paragraphs1 of Article20-2).
2 Anyone intending to procure the said permission shall file an application containing the following particulars under the Ordinance of the Ministry of the Environment.
1) Name or title and address and, if a corporate person, name of its representative
2) Place of installation of the municipal solid waste disposal facility
3) Typeofthemunicipal solid waste disposal facility
4) Type of the waste disposed at the municipal solid waste disposal facility
5) Disposal capacity of the municipal solid waste disposal facility (or, in the case of a final disposal site for municipal solid waste, square meterage of the place used for landfill disposal of municipal solid waste and landfill capacity)
6) Plan concerning installation including location and structure of the municipal solid waste disposal facility
7) Plan concerning operation and maintenance of the municipal solid waste disposal facility
8) Where the facility is a final disposal site for municipal solid waste, plan for prevention of disasters
9) Any other matters specified by Ordinanceof the Ministry of the Environment
3 As prescribed in the Ordinance of the Ministry of the Environment, a document which states the result of assessment on effects that the installation of that municipal solid waste disposal facility would cause the living environment in the surrounding areas shall be attached to the application mentioned in the preceding Paragraph.
4 When a permission prescribed in Paragraph 1, for a municipal solid waste disposal facility (only those specified by the Cabinet Order) is applied, the prefectural governor shall notify the particulars mentioned in Item 1) to 4) of Paragraph 2, the date of application and the place of reference without delay, and shall provide the application of Paragraph 2 as well as the document of Paragraph 3, for public reference for a month from the date of that notification.
5 When a notification is made under the preceding Paragraph, the prefectural governor shall notify, without delay, the mayors of the areas concerned in the installation of that municipal solid waste disposal facility in terms of the conservation of the living environment, and listen to their opinion from the point of the conservation of the living environment with specifyinga certain period of time.
6 When a notification is made under Paragraph 4, a person concerned in the installation of that municipal solid waste disposal facility may submit a comment from the standpoint of the conservation of the living environment to the prefectural governor by the day of two weeks from the following day of the termination of the period of reference.
Article 8-2 Standard of Permission or the like
The prefectural governor shall not grant the permission prescribed in Paragraph
1 of the preceding Article, unless theyjudge
that the application of the said
permission satisfies every Item of the following.
1) The plan of the installation of that municipal solid waste disposal facility shall comply with the technical standards specified in the Ordinance of the Ministry of the Environment.
2) The plan of the installation and the plan of operation and maintenance shall have adequate consideration incorporated for conservation of the living environment in the surrounding area of said municipal solid waste disposal facility.
3) The capability of the applicant is sufficient for the proper and continuous conducting of the installation and operation and maintenance of the municipal solid waste disposal facility in accordance with the plan of its installation and the plan of its operation and maintenance in the light of the standards specified by the Ordinance of the Ministry of theEnvironment.
4)·The applicant is none of the persons specified in a. to h. of Item 4) of Paragraph 3 of Article 7.
2 The prefectural governors may not grant the permission of the Paragraph 1 of the preceding Article, when they judge that it may become difficult to satisfy the air environment standards (specified by the Cabinet Orders as those on environmental conditions relating to air pollution by substances generated by refuse treatment facility or industrial waste disposal facility which is specified by Cabinet Orders; the same will apply to Item 2) of Article 15-2), since refuse treatment facility or industrial waste disposal facility (limited to those specified by the Cabinet Orders; the same will apply to the following of this Item and Item 2) of Article 15-2) would become concentrated too much by installing the facility (limited to those specified by the Cabinet Orders; the same will apply to the following of this Item and Item 2) of Article 15-2) relating to the said permission.
3 When the prefectural governor is to grant the permission of Paragraph 1, preceding Article (limited to those pertaining to the municipal solid waste disposal facility specified in Paragraph 4 of the same Article), he/she must hear in advance the opinions of the specialists about the matters cited in Item 2) of Paragraph 1 with respect to the matters specified by the Ordinance of the Ministry of the Environment concerning the conservation of living environment.
4 The permission prescribed in Paragraph1 of this Article may be granted with necessary conditions for the conservation of the living environment attached to it.
5 A person to whom the permission prescribed in Paragraph1 of this Article has been granted shall not use the municipal solid waste disposal facility before it is inspected by the prefectural governer and the governer judges that it satisfies the technical standards mentioned in Paragraph 2 of this Article.
6 The Minister of he Environment is entitled to give necessary instructions on the actions taken by the prefectural governor to the application of Paragraph 1 of the preceding Article in case that there is an urgent need for the conservation of living environment.
7 The Minister of he Environment is entitled to give necessary instructions on the inspection by the prefectural governor specified in Paragraph 5 in case that there is an urgent need for the conservation of living environment.
Article 8-3 Operation and Maintenance of Municipal Solid Waste Disposal
Facility
A person having the permission of Paragraph 1 of Article 8, granted must have
the municipal solid waste disposal facility pertaining
to said permission operation
and maintenance in accordance with the technical standards specified in the
Ordinance of the Ministry
of the Environment and the plan of operation and maintenance
stated in the application Paragraph 2 of the same Article pertaining
to said
permission (or, when the permission of Paragraph 1of Article 9, is granted with
respect to said plan, the plan after
alteration).
Article 8-4 Record and Reference
As prescribed in the Ordinance of the Ministry of the Environment, a person
to whom the permission prescribed in Paragraph 1
of Article 8 (provided only
concerning the municipal solid waste disposal facility prescribed in Paragraph
4 of the same Article)
has been granted shall record the matters specified by
the Ordinance of the Ministry of the Environment on its operation and maintenance
of the disposal facility, and place them in the disposal facility (when it is
impossible, place them in the nearest office
of the installer of the facility)
and show the record to satisfy the request by those who have interest in conservation
of
their living standard in relation to its operation and maintenance.
Article 8-5 Reserves Fund for Maintenance
On a specific final disposal site for municipal solid waste (the final disposal
site for municipal solid waste that is the municipal
solid waste disposal facility
specified by the Ordinance of the Ministry of the Environment, the same will
apply hereinafter),
a person to whom the permission prescribed in Paragraph
1 of Article 8 (they will hereinafter be referred to as a "installer of
a specific
final disposal site for municipal solid waste ") shall reserve for the amount
of money specified by the prefectural
governors in accordance with Paragraph4.
as a reserve fund for the maintenance of each final disposal site every year
until
the landfill disposal completes, in order to conduct its maintenance properly
after the completion of the landfill disposal in
relation to that disposal site.
2 A reserve fund for the maintenance shall be made for the Japan Environmental Corporation under the Ordinance of the Ministry of the Environment.
3 A reserve fund for the maintenance shall be administered by the Japan Environmental Corporation.
4 The amount of the reserve fund for the maintenance cost shall be calculated by the prefectural governors in accordance with the standard for calculation specified by the Ordinance of the Ministry of the Environment based on the fee needed for maintaining the specific final disposal site for municipal solid waste as well as the time required for the landfill.
5 The Japan Environmental Corporation shall remunerate interest for the reserve fund for the maintenance under the Ordinance of the Ministry of the Environment.
6 A installer of a specific final disposal site for municipal solid waste may get refunded the reserve fund for the maintenance as prescribed in the Ordinance of the Ministry of the Environment, if they will maintain the final disposal site after the completion of the landfill disposal under the other Ordinance of the Ministry of the Environment.
7 When the position of a person procuring the permission prescribed in Paragraph 1 of Article 8 is succeeded by another person under the provision of Paragraph 3 of Article 9-5, Paragraph 1 of Article 9-6 or Paragraph 1 of Article 9-7, it shall be regarded that the reserve fund for the maintenance of the installer has been reserved by its successor.
8 In addition to the provisions in the preceding Paragraphs, the matters concerning the reserve fund for the maintenance as well as its refund are given in the Ordinance of the Ministry of the Environment.
Article 8-6 Special Provisionfor Activities of the Japan Environmental
Corporation
The Japan Environmental Corporation shall perform the activities prescribed
in Article 18 of the Japan Environmental Corporation
Law (Law No. 95 of 1965,
it will be referred to as the "Corporation Law" in the next Paragraph) as well
as the following activities
in order to achieve the purpose of this law.
1) Administrating the reserve fund for the maintenance as prescribed in Paragraph 3 of the preceding Article (including the case applied under Article 15-2-3).
2) Activities incidental to those prescribed in the preceding Item.
2 When the Japan Environmental Corporation perform their activities under the preceding Paragraph, "the Waste Management and Public Cleaning Law (Law No. 137 of 1970)" mentioned in Item 4) of Paragraph 1 of Article 18 of the Corporation Law means "the Waste Management and Public Cleaning Law (Law No. 137 of 1970) and it will hereinafter be referred to as "the Waste Management Law"", "the said law" means "the Waste Management Law", "the Waste Management and Public Cleaning Law" mentioned in Item 6 of the same Paragraph means "the Waste Management Law", "shall administer" mentioned in Paragraph 1 of Article 25 of the Corporation Law means "shall administer, and the accounting relating to the activities prescribed in Paragraph1 of Article 8-6 of the Waste Management Law shall be administered separately from the other accountings", "this law" mentioned in Paragraph 2 of Article 40, Paragraph 1 of Article 41 and Paragraph 1 of Article 44 of the Corporation Law means "this law as well as the Waste Management Law", "things" mentioned in Item 5) of Paragraph 1 of Article 35 means "things as well as activities prescribed in Paragraph 1 of Article 8-6 of the Waste Management Law", and "Article 18" mentioned in Item 3) of Article 47 of the Corporation Law means "Article 18 as well as Paragraph1 of Article 8-6 of the Waste Management Law".
Article 9 Permission of Change or the Like
When a person having the permission of Paragraph 1 of Article 8 granted desires
to change any of the matters cited in Items
4) through 7) of Paragraph 2 of
the same Article, he/she must obtain the permission of the prefectural governor
as provided
by the Ordinance of the Ministry of the Environment. However, the
preceding shall not apply if the change is a minor change specified
in the Ordinance
of the Ministry of the Environment.
2 The provisions of Paragraphs 3 to 6 of Article 8, and Paragraphs 1 to 4 of Article 8-2 will apply to the permission of the preceding Paragraph, the provision of Paragraph 5 of the same Article will apply to the person being granted the permission of the preceding Paragraph, the provision of Paragraph 6 of the same Article will apply to actions taken by the prefectural governors to the permission of the preceding Paragraph, and the provision of Paragraph 7 of the same Article will apply, under the said Paragraph, to inspections taken by the prefectural governors specified by the provision of Paragraph 5 of the same Article.
3 When the person having the permission of Paragraph 1 of Article 8 granted has made a minor change specified by the provision of Paragraph 1 of the Ordinance of the Ministry of the Environment, or when there was a change in the matters cited in Item 1) of Paragraph 2 of the same Article or any other matters specified by the Ordinance of the Ministry of the Environment, or when he/she disused the municipal solid waste disposal facility (except where said municipal solid waste disposal facility is a final disposal site for municipal solid waste) pertaining to said permission or stopped the municipal solid waste disposal facility or reopened said stopped municipal solid waste disposal facility, he/she must immediately report to that effect to the prefectural governor.
4 When a person to whom the permission mentioned in Paragraph 1 of Article 8 has been granted in respect of the final disposal site completes the landfill disposal (including disposal for creating a useful subterranean space; the same will apply hereinafter) for the said site, that person shall give notice to the prefectural governor within thirty days from the day of completion of the landfill work under the Ordinance of the Ministry of the Environmenttogether with the particulars specified by the said Ordinance.
5 The person having the permission of Paragraph 1 of Article 8 granted, where the municipal solid waste disposal facility pertaining to said permission is a final disposal site for municipal solid waste, may disuse the said final disposal site, provided he/she has previously obtained the confirmation of the prefectural governor for compliance of the condition of the said final disposal site with the technical standards specified by the Ordinance of the Ministry of the Environment, as provided by the Ordinance of the Ministry of the Environment.
Article 9-2 Revocation of Permission or the like
The prefectural governors may revoke the permission of Paragraph 1 of Article
8 pertaining to the said municipal solid waste
disposal facility, or order the
necessary improvements of the said municipal solid waste disposal facility to
the person being
granted the permission of the same Paragraph within a specified
period of time or the suspension of the use of the said municipal
solid waste
disposal facility for a specified period of time, when there is a case which
falls under one of the following Items.
1) Where the structure of municipal solid waste disposal facility pertaining to the permission of Paragraph 1 of Article 8 or its operation and maintenance is recognized as not complying with the technical standards provided in Item 1) of Paragraph 1 of Article 8-2 or Article 8-3 or the plan concerning installation or plan for operation and maintenance specified forth in the application of Paragraph 2 of Article 8 pertaining to the said permission (or if the permission of Paragraph 1 of the preceding Article is granted for that plan, the modified plan is applied).
2) When the capability of the person who was granted the permission of Paragraph 1 of Article 8 is recognized as not satisfying the standards specified by the Ordinance of the Ministry of the Environment in Item 3) of Paragraph 1 of Article 8-2.
3) When the person who was granted the permission of Paragraph 1 of Article 8 takes actions which violate the Law, or demands, asks or indicates another person to act against the Law, or helps another person to do so.
4) When the person who was granted the permission of Paragraph 1 of Article 8 becomes to be one of a. to h. of Item 4) of Paragraph 3 of Article 7.
5) When the person who was granted the permission of Paragraph 1 of Article 8 violates the condition attached to the said permission under the provision of Paragraph 4 of Article 8-2. 2 The provision of Paragraph 6 of Article 8-2 will apply to actions by the prefectural governors taken under the provision of the preceding Paragraph.
Article 9-3 Notification of Municipal Solid Waste Disposal Facility
Pertaining to Installation by Municipality
When a municipality is to install a municipal solid waste disposal facility
for disposing municipal solid waste according to
the provision of Paragraph
1of Article 6-2, it must notify to that effect to the prefectural governor with
a document stating
the matters cited in the respective Items of Paragraph 2
of Article 8 and another document stating the result of investigation
of any
impacts of the installation of said municipal solid waste disposal facility
on the living environment in the surrounding
area, as provided by the Ordinance
of the Ministry ofthe Environment.
2 The head of a municipality making a notification according to the provision of the preceding Paragraph shall, in preparing a document stating the matters listed in items of Paragraph 2 of Article 8, as provided in the preceding Paragraph, public reference the document stating the result of investigation specified in the preceding Paragraph as prescribed by regulations of the matters specified by the Cabinet Order and give an opportunity to the persons having interests in installation of the municipal solid waste disposal facility pertaining to said notification to present written opinions from the viewpoint of conservation of the living environment.
3 If he/she judges that the municipal solid waste disposal facility referred to in the preceding Paragraph does not satisfy the technical standards mentioned in Item 1) of Paragraph 2 of Article 8, the prefectural governor may order the said municipality to modify or cancel the plan within thirty days from the day of receipt of the notification (within sixty days from the said day in respect of the finaldisposal site).
4 The municipality making the notification under this Article shall not construct the municipal solid waste disposal facility or change its structure or scale before the lapse of the period allowed for the governor in the preceding Paragraph unless the said municipality has received the governor's notice of his approval of the plan for installation or change.
5 The superintendent of the said disposal facility notified under the provision of Paragraph 1 of this Article shall conduct the operation and maintenance of that municipal solid waste disposal facility in accordance with the technical standard prescribed in Article 8-3 as well as the operation and maintenance plan stated in the document which mentions the matters prescribed in each Item of Paragraph 2 of Article 8, under the Article 8-3 on the notification (the modified version, if the notification on the plan was made under Paragraph 7 of this Article.).
6 The superintendent of the said disposal facility notified under the provision of Paragraph 1of this Article (only notified under the provision of 4 of this Article) shall conduct recording about operation and maintenance of the municipal solid waste disposal facility in accordance with the Ordinance of the Ministry of the Environment, and providing the record of the municipal solid waste disposal facility (When it is impossible, provide at nearest office), and show the record to satisfy the request by people having interest in conservation of their living standard, as provided by the Ordinance of the Ministry of the Environment.
7 The municipality making the notification under Paragraph1of this Article should notify the prefectural governor with a document mentioning the matters prescribed in the Ordinance of the Ministry of the Environment, when it intends to change the matters prescribed in Item 4) to 7) of Paragraph 2 of Article 8 under the Ordinance of the Ministry of the Environment (excluding a slight change specified by the Ordinance of theMinistry ofthe Environment).
8 The provisions of Paragraph 2 and 3 will apply to the notification prescribed in the preceding Paragraph, and the provision of Paragraph 4 will apply to the municipality making the notification under the preceding Paragraph. In this case, "the preceding Paragraph" in Paragraph 2 shall be interpreted as "Paragraph 7", "that Paragraph" as "the preceding Paragraph", "Paragraph 1" in Paragraph 4 as "Paragraph 7" and "not to construct a municipal solid waste disposal facility" as "not to change the matters specified in Item 4) to 7) of Paragraph 2 of Article 8".
9 If the prefectural governors judge that the structure of the said municipal solid waste disposal facility notified under the provision of Paragraph 1 of this Article or its operation and maintenance does not satisfy the technical standard specified in Item 1) of Paragraph 1 of Article 8-2 or Article 8-3, or the installation plan or the operation and maintenance plan stated in the document mentioning the matters prescribed in each Item of Paragraph 2 of Article 8, under Paragraph 1 on the notification (the modified version, if the notification on those plans was made under Paragraph 7 of this Article.), they may order the installer or the superintendent to make the necessary improvements of the municipal solid waste disposal facility or to suspend its operation for a fixed period of time.
10 The provisions in Item. 3) to 5) of Article 9 will apply to the municipality making the notification of the municipal solid waste disposal facility under Paragraph 1 of this Article. In this case, "the proviso of Paragraph1" in Paragraph 3 of that Article shall be interpreted as "Paragraph 7 of Article 9-3", "permission" as "notification", "permission" in Paragraph 4 and 5 of this Article as "notification".
11 According to 3) or 9) of Article 8, the provisions of 6), Article 8-2 will apply to the management which shall be pursuited by the Prefectural governor.
Article 9-4 Precaution and Provision for Surrounding Areas
A person to whom the permission mentioned in Paragraph 1 of Article 8 has been
granted and a municipality making the notification
of the installation of a
municipal solid waste disposal facility under Paragraph 1 of the preceding Article
(both of them will
hereinafter be referred to as a "installer of a municipal
solid waste disposal facility") shall take the necessary precaution
and make
the necessary provision for the conservation and enhancement of the living environment
in areas surrounding the municipal
solid waste disposal facility.
Article 9-5 Transfer of Municipal Solid Waste Disposal Facility or
the Like
A person having transferred or borrowed a municipal solid waste disposal facility
pertaining to the permission of Paragraph
1 of Article 8 from the person procuring
the said permission (it shall be referred to as a "installer of the facility
of the
permission being granted" in Paragraph 3, Paragraph 1 of the next Article
and Article 9-7), he/she has to get the permission form
the prefectural governor
under the Ordinance of the Ministry of the Environment.
2 The provision of Paragraph 1 of Article 8-2 will apply to the permission of the preceding Paragraph.
3 A person to whom the waste disposal facility was transferred or borrowed with the permission prescribed in Paragraph 1 shall succeed the status of the installer of the facility of the permission being granted pertaining to the said municipal solid waste disposal facility.
Article 9-6 Merger and Division
In the case of the merger of the corporation which is the installer of the facility
of the permission being granted (except
for the case when the installer of the
facility of the permission being granted continues to exist after the merger
with the
corporation which is not a installer of the facility of the permission
being granted), or the case of the division (limited to
the case in which the
municipal solid waste disposal facility pertaining to the said permission will
be succeeded), the corporation
which continues to exist after the merger, the
corporation which is established through the merger, or the corporation which
succeeds the said municipal solid waste disposal facility through the division,
shall succeed the status of the installer of
the facility of the permission
being granted, when the permission is given by the prefectural governor on the
said merger or
the division.
2 The provision of Paragraph 1 of Article 8-2 (limited to the sections concerning the provisions of Item 3) and 4)) will apply to the permission of the preceding Paragraph.
Article 9-7 Inheritance
If the property of the installer of the facility of the permission being granted
is inherited, the inheritor shall succeed the
status of the person procuring
the permission.
2 The inheritor who succeeded the status of the installer of the facility of the permission being granted under the provision of the preceding Paragraph shall give notice to the prefectural governor within thirty days from the day he/she inherited it, as specified by the Ordinance of the Ministry of the Environment.
Section 4 Special Provision on Recycling of Municipal solid waste
Article 9-8
A person who undertakes or intends to undertake the recycling of municipal solid
waste prescribed in the Ordinance of the Ministry
of the Environment may obtain
an approval from the Minister of the Environment of meeting all of the Item
of the following
Items under the Ordinance of the Ministry of the Environment.
1) Contents of recycling shall satisfy the standards specified in the Ordinance of the Ministry of the Environment for not causing any disruption for conservation of the living environment..
2) A person who undertakes or intends to undertake the recycling shall satisfy the standards specified in the Ordinance of theMinistry of the Environment.
3) The facility for recycling constructed or to be constructed by the person prescribed in the preceding Item shall satisfy standards specified in the Ordinance of the Ministry of the Environment.
2 The Minister of the Environment shall grant the approval, when he approves that the recycling prescribed in the application for the said approval satisfies every Item of the preceding Paragraph. 3 Despite of the provisions of Paragraph 1 or 4 of Article 7 or Paragraph1 of Article 8, a person who was granted the approval of Paragraph1 of this Article may collect or transport the municipal solid waste under the said approval and may construct the municipal solid waste disposal facility under the said approval.
4 A person who was granted the approval of Paragraph 1 of this Article shall be regarded as a municipal solid waste collection and transport contractor or a municipal solid waste disposal contractor when the provisions of Paragraph 9, 11 and 12 of Article 7 and Article 19-3 are applied, and as a installer of a municipal solid waste disposal facility when the provision of Paragraph1 of Article 18 is applied.
5 The Minister of the Environment shall revoke the approval prescribed in Paragraph 1, when he realizes that the recycling becomes not to satisfy any one of Item of the provision of this Paragraph.
6 In addition to the provisions in the preceding Paragraphs, the necessary matters concerning the approval of Paragraph 1 are given in the Cabinet Orders.
Section 5 Export of Municipal solid waste
Article 10
Any person intending to export municipal solid waste must obtain the confirmation
of the Minister of the Environmentthat the
export of municipal solid waste comes
under the respective items in the following.
1) The municipal solid waste to be exported are deemed difficult to be treated of properly in Japan in the light of the available disposal equipment and technique for the said municipal solid waste in Japan.
2) The municipal solid waste to be exported are not of the preceding description but satisfy the standards specified in the Ordinance of the Ministry of the Environment as substances not hindering the proper disposal of municipal solid waste in Japan.
3) It is judged that the municipal solid waste to be exported will certainly be managed of in a manner not short of the municipal solid waste management standards (or the specially controlled municipal solid waste management standards if the said municipal solid waste fall under that category).
4) The application for the acknowledgment is made by the following authorities/person.
a. Municipality
b. One specified by the Ordinance of the Ministry of the Environment
2 The provisions in the preceding Paragraph, however, are not applicable to the following authorities/persons.
1) Anyone going out of Japan and personally carrying municipal solid waste who is specified by the Ordinance of theMinistry ofthe Environment.
2) The central government or anyone specified by the Ordinance of the Ministry of the Environment.
Section 1 Industrial Waste Management
Article 11 Management by Businesses and Local Governments
The businesses shall be required to manage of their industrial waste by themselves.
2 The municipalities may manage of those industrial waste which can be managed of together with municipal solid waste and which are judged to be in need of their management, either solely or jointly with someone else as part of their work.
3 The prefectural governments are entitled to manage of, as part of their work, the industrial waste which is judged to be in need of their management in order to ensure the proper management of industrial waste.
Article 12 Management by Businesses
In a case where a business transports or disposes of their industrial waste
(excluding specially controlled industrial waste;
the same will apply in the
rest of this Article except for Paragraph 3 to 5) by themselves, it shall be
in accordance with
the standards on the collection, transport and disposal of
industrial waste specified in the Cabinet Order. In a case where a
business
transports or disposes of their industrial waste (excluding specially controlled
industrial waste; the same will apply
in the rest this Article) by themselves,
it shall be in accordance with the standards on the collection, transport and
disposal
of industrial waste specified in the Cabinet Order (excluding standards
on the place and method of ocean dumping, if such standards
are specified in
the Law Relating to Prevention of Marine Pollution and Maritime Disaster, in
respect of industrial waste which
may be disposed of in the sea, if such industrial
waste is specified in the above-mentioned standards specified in the Cabinet
Order). (The above-mentioned standards specified in the Cabinet Order will hereinafter
be referred to as "industrial waste
management standards".).
2 The business shall store the industrial waste till the time of management without hindering the conservation of the living environment in accordance with the technical standards specified in the Ordinance of the Ministry of the Environment(which will hereinafter be referred to as "industrial waste storage standards").
3 If businesses (including contractors of intermediate treatment (who treat industrial waste intermediately within the whole process of its generation to final disposal (landfill disposal, disposal into the sea (which is conducted in accordance with the standards prescribed in the Law Relating to the Prevention of Marine Pollution and Maritime Disaster in regard to the place to be dumped and its methods) or recycling), and the same will apply hereinafter) and the same will apply in the next Paragraph, Paragraph 5 and Paragraph 3 to 5 of the next Article) are to commission anyone else to transport or dispose of their industrial waste (excluding specially controlled industrial waste, and including industrial waste of intermediate treatment (which is treated in the intermediate process within the whole of its generation to final disposal), they shall commission to industrial waste collection and transport contractors specified in Paragraph 8 of Article 14 or someone else prescribed by the Ordinance of the Ministry of the Environment for their transport, and to industrial waste disposal contractors specified by the same Paragraph or someone else prescribed by the Ordinance of the Ministry of the Environment for their disposal.
4@When businessesare to commission anyone else to transport or dispose of their industrial waste under the provision of the precedingParagraph,theyshallactinaccordancewiththestandardsprescribedintheCabinetOrder.
5 When businesses are to commission anyone else to transport or dispose of their industrial waste under the preceding 2 Paragraphs, they shall endeavor to take the necessary action for proper management of the said industrial waste in the whole process from its generation to final disposal.
6 A business who has places of business equipped with a industrial waste disposal facility mentioned in Paragraph 1 of Article 15 for treating of the industrial waste generated there as a result of the business activities shall appoint an industrial waste manager in each place of business in order to execute its business associated with the management of industrial waste appropriately. However, the places of business where the business itself is an industrial waste manager are excluded.
7 Businesses specified by the Cabinet Order as those who have places of business generating industrial waste abundantly as a result of their business activities (referred to as " generator who emits a large quantity of waste " in the next Paragraph) shall make the plan on reduction and other management of industrial waste from the said places in accordance with the standards specified by the Ordinance of the Ministry of the Environment and submit it to the prefectural governors.
8 Generator who emits a large quantity of waste shall report the status of executing the plan mentioned in the preceding Paragraph to the prefectural governors as specified by the Ordinance of the Ministry of the Environment.
9 The prefectural governors shall publish the plan mentioned in Paragraph 7 as well as the status of its execution mentioned in the preceding Paragraph as specified by the Ordinance of the Ministry of the Environment.
10 The Minister of the Environment shall consult with the heads of the administrative organs before he/she is to set forth the Ordinance of the Ministry of the Environment mentioned in Paragraph 7 as well as to modify it.
11 The provisions of Paragraph 11 and 12 of Article 7 also apply to those businesses generating industrial waste as a result of their activities who are specified by the Cabinet Order. However, "municipal solid waste" in Paragraph 11 of Article 7 shall be interpreted as "industrial waste".
Article 12-2 Management of Specially Controlled Industrial Waste by
Businesses
When businesses are to transport or dispose of their specially controlled industrial
waste by themselves, it shall be in accordance
with the standards on the collection,
transport and disposal of specially controlled industrial waste specified in
the Cabinet
Order (excluding standards on the place and method of ocean dumping,
if such standards are specified in the Law Relating to Prevention
of Marine
Pollution and Maritime Disaster, in respect of specially controlled industrial
waste which may be disposed of in
a sea, if such specially controlled industrial
waste is specified in the above-mentioned standards specified in the Cabinet
Order). (The above-mentioned standards specified in the Cabinet Order will hereinafter
be referred to as "specially controlled
industrial waste management standards".).
2 The business shall store the specially controlled industrial waste till the time of management without hindering the conservation of the living environment, in accordance with the technical standards specified in the Ordinance of the Ministry of the Environment (which will hereinafter be referred to as "specially controlled industrial wastestorage standard").
3 When a business is to commission anyone else to transport or dispose of their specially controlled industrial waste (including industrial waste of intermediate treatment, and the same shall apply in the next Paragraph and Paragraph 5), that business shall act in accordance with the standards specified in the Cabinet Order and commission an industrial waste collection and transport contractor mentioned in Paragraph 8 of Article 14-4 or someone else prescribed by the Ordinance of the Ministry of the Environment to transport the specially controlled industrial waste and commission a specially controlled industrial waste disposal contractor also mentioned in Paragraph 8 of Article 14-4 or someone else prescribed by the Ordinance of the Ministry of the Environment to dispose of them.
4 When businesses are to commission anyone else to transport or dispose of their specially controlled industrial waste under the provision of the preceding Paragraph, they shall act in accordance with the standards prescribed in the Cabinet Order.
5 When businesses are to commission anyone els et otransport or dispose of their specially controlled industrial waste under the preceding two Paragraphs, they shall endeavor to take the necessary action for proper management of the said specially controlled industrial waste in the whole process from its generation to final disposal.
6 Businesses who have places of business where specially controlled industrial waste is generated as a result of the business activities shall appoint a specially controlled industrial waste manager in each place of business in order to perform their work associated with specially controlled industrial waste management appropriately. However, the places of business where the business itself is in charge of specially controlled industrial waste management are excluded.
7 The specially controlled industrial waste manager to be appointed under the provision of the preceding Paragraph shall possess the qualification specified in the Ordinance of the Ministry of the Environment.
8 Businesses specified by the Cabinet Order as those who have places of business generating specially controlled industrial waste abundantly as a result of their activities (referred to as " generator who emits a large quantity of waste " in the next Paragraph) shall make the plan on reduction and other management of specially controlled industrial waste from the said places in accordance with the standards specified by the Ordinance of the Ministry of the Environment and submit it to the prefectural governors.
9 Generator who emits a large quantity of waste shall report the status of executing the plan mentioned in the preceding Paragraph to the prefectural governors as specified by the Ordinance of the Ministry of the Environment.
10 The prefectural governors shall publish the plan mentioned in Paragraph 8 as well as the status of its execution mentioned in the preceding Paragraph as specified by the Ordinance of the Ministry of the Environment.
11 The Minister of the Environment shall consult with the heads of the administrative organs before he/she is to set forth the Ordinance of the Ministry of the Environment mentioned in Paragraph 8 as well as to modify it.
12 The provisions of Paragraph 11 and 12 of Article 7 also apply to businesses generating specially controlled industrial waste as a result of their activities. "Municipal solid waste" in Paragraph 11 of Article 7, however, shall be interpreted as "specially controlled industrial waste".
Article 12-3 Control Manifest of Industrial Waste
When businesses (including contractors of intermediate treatment) generating
industrial waste as a result of their activities
are to commission someone else
to transport or dispose of those waste (including industrial waste of intermediate
treatment,
and the same shall apply to Paragraph 1 of Article 12-5) (except
the cases specified in the Ordinance of the Ministry of the Environment),
that
business shall issue to the party commissioned to transport the said waste (or
the party commissioned to dispose of them
if he is commissioned to perform that
function alone) a control manifest of industrial waste indicating the kind of
industrial
waste, its quantity, the name of the party commissioned to transport
or dispose of the waste and other matters specified by the
Ordinance of the
Ministry of the Environment (which will hereinafter be referred to as "control
manifest") at the time of delivering
those waste pertaining to the said commission.
2 The party commissioned to transport the said industrial waste (who will hereinafter be referred to as "commissioned transporter") shall enter the particulars specified by the Ordinance of the Ministry of the Environment in the control manifest issued under the provision of the preceding Paragraph after completion of the transport, and send a copy of the said manifest within a period prescribed by the said Ordinance to the party issuing the manifest under the said provision (who will hereinafter be referred to as "issuer"). If anyone has been commissioned to dispose of the waste in this case, the control manifest shall be forwarded to that commissioned party.
3 After completion of the disposal, the said commissioned party (who will hereinafter be referred to as "commissioned disposer") shall enter the particulars prescribed by the Ordinance of the Ministry of the Environment (in case that disposal is the final one, particulars specified by the Ordinance of the Ministry of the Environment as well as the effect of a completion of the final disposal) in the control manifest issued in accordance with the provision in the former part of the preceding Paragraph or the control manifest forwarded in accordance with the provision in the latter part of the said Paragraph and send a copy of the control manifest to the issuer who has commissioned the said party to dispose of the waste, within a period prescribed by the Ordinance of the Ministry of the Environment. If the control manifest has been forwarded to the said party in accordance with the latter part of the preceding Paragraph, another copy of that manifest shall be sent to the party who has forwarded the manifest.
4 When the commissioned disposer receives a copy of the control manifest containing the effect of a completion of the final disposal of industrial waste of intermediate treatment pertaining to the said disposal under the provision of the former part of the preceding Paragraph, this Paragraph or Paragraph 5 of Article 12-5, as specified by the Ordinance of the Ministry of the Environment, he/she shall enter the effect of a completion of the final disposal in the control manifest issued in accordance with the provision of the Paragraph 1 or the control manifest forwarded in accordance with the provision of the latter part of Paragraph 2, and send a copy of the control manifest to the issuer who has commissioned the said disposal, within a period prescribed by the Ordinance of the Ministry of the Environment.
5 When the issuer receives a copy of the control manifest transmitted under the provisions of the preceding three Paragraphs or Paragraph 5 of Article 12-5, he/she must confirm on the said copy of the control manifest that the transportation or disposal has completed and keep the said copy of the control manifest for a period specified by the Ordinance of the Ministry of the Environment from the day of receipt of said transmittal.
6 The issuer shall prepare a report on the control manifest in accordance with the Ordinance of the Ministry of the Environment and submit it to the prefectural governor.
7 In case the issuer receives no copy of the control manifest prescribed in the provisions of Paragraph 2 to Paragraph 4 and Paragraph 5 of Article 12-5 within the period prescribed by the Ordinance of the Ministry of the Environment, or he/she receives a copy of the control manifest, in which the particulars specified by these provisions are not entered, or a copy of the control manifest, in which false information are entered, the issuer shall promptly investigate the transport or disposal by the commissioned party and take appropriate action in accordance with the said Ordinance.
8 Apart from the provisions in the preceding Paragraphs of this Article, necessary prescriptions concerning the control manifest are given in the Ordinance of the Ministry of the Environment.
Article 12-4 Prohibition of Issuing False Control Manifests
The industrial waste collection and transport contractors specified by Paragraph
8 of Article 14 or the specially controlled
industrial waste collection and
transport contractors specified by Paragraph 8 of Article 14-4 and the industrial
waste disposal
contractors specified by Paragraph 8 of Article 14 or the specially
controlled industrial waste disposal contractors specified
by Paragraph 8 of
Article 14-4 must not enter the false information on particulars prescribed
by Paragraph 2, 3 or 4 of the
preceding Article and issue that control manifest,
notwithstanding they were not commissioned to transport or dispose of industrial
waste.
Article 12-5 Use of Electronic Information Processing System
When the businesses specified in Paragraph 1 of Article 12-3 (limited to such
entrepreneur whose input and output devices are
connected by way of telecommunication
lines to the electronic computer pertaining to the use of the information processing
center specified in Paragraph 1 of Article 13-2 (referred to simply as "information
processing center" in this Article); referred
to as "businesses using the electronic
manifest system" in the following in this Article) commissions transportation
or disposal
of the industrial waste to any other person (except the case to
be specified by the Ordinance of the Ministry of the Environment
provided in
Paragraph 1 of Article 12-3), asks the transportation or disposal commissioned
person (limited to those persons
whose input and output devices are connected
to the electronic computer used by the information processing center by way
of
telecommunication lines; same in the following in this Article) to report
the completion of transportation or disposal of the
said industrial waste via
the information processing center in use of the electronic information processing
system, and, as
provided by the Ordinance of the Ministry of the Environment,
has registered the type and quantity of the industrial waste pertaining
to the
said commission, name or title of the person having the transportation or disposal
commissioned and any other matters
specified by the Ordinance of the Ministry
of the Environment in the information processing center in use of the electronic
information processing system within a period specified by the Ordinance of
the Ministry of the Environment after delivering
industrial waste pertaining
to the said commission, it is not required to deliver a control manifest notwithstanding
the provision
of Paragraph 1 of Article 12-3.
2 In case that the commissioned transporter or the commissioned disposer is asked to report by the businesses using the electronic manifest system according to the provision of the preceding Paragraph, when the transportation or disposal of the industrial waste pertaining to the said report is completed, as provided by the Ordinance of the Ministry of the Environment, he/she must report that effect (in case that disposal is the final one, the effect of a completion of the final disposal) to the information processing center by using the electronic information processing system within a period specified by the Ordinance of the Ministry of the Environment, notwithstanding the provisions of Paragraphs 2 and 3 of Article 12-3.
3 When the commissioned disposer receives a copy of the control manifest containing the effect of a completion of the final disposal of industrial waste of intermediate treatment pertaining to the said disposal under the provisions of Paragraph 5 and Paragraphs 3 and 4 of Article 12-3, as provided by the Ordinance of the Ministry of the Environment, he/she must report that effect to the information processing center by using the electronic information processing system within a period specified by the Ordinance of the Ministry of the Environment, notwithstanding the provisions of the said Paragraphs.
4 Upon receipt of the report according to the provisions of the preceding two Paragraphs, the information processing center shall immediately notify the businesses using the electronic manifest system who has commissioned the transportation or disposal of industrial waste pertaining to the said report that the commissioned transporter or the commissioned disposer has completed the said transportation or disposal (in case that disposal is the final one, the effect of a completion of the final disposal).
5 When the commissioned disposer receives the report of the effect of a completion of the final disposal of industrial waste of intermediate treatment pertaining to the said disposal under the provision of the preceding Paragraph and the party who commissioned the said disposal is not businesses using the electronic manifest system, he/she must enter the effect of a completion of that final disposal in the control manifest issued in accordance with the provision of the Paragraph 1 of Article 12-3 or the control manifest forwarded in accordance with the provision of the latter part of Paragraph 2 of the same Article, and send a copy of that control manifest to the issuer who has commissioned the said disposal, within a period prescribed by the Ordinance of the Ministry of the Environment.
6 Upon receipt of the notification according to the provision of Paragraph 4, the businesses using the electronic manifest system must confirm, upon the notification, the completion of the said transportation or disposal.
7 The information processing center must record the information pertaining to registration under the provision of Paragraph 1 and report under the provision of Paragraph 2 or 3 in the file provided in the electronic computer pertaining to its use and keep the information for a period specified by the Ordinance of the Ministry of the Environment from the day of receipt of the said report.
8 The information processing center must report the matters concerning the registration under the provision of Paragraph 1 and the report under the provision of Paragraph 2 or 3 to the prefectural governor, as provided by the Ordinance of the Ministry of the Environment.
9 When the information processing center does not receive a report under the provision of Paragraph 2 or 3 within the period specified by the Ordinance of the Ministry of the Environment in regard to the registration according to the provision of Paragraph 1, it must immediately notify the businesses using the electronic manifest system and of having the said registration listed to that effect in use of the electronic information processing system.
10 When the businesses using the electronic manifest system receives a notification under the provision of the preceding Paragraph or receive a notification under the provision of Paragraph 4 and that report prescribed by the provision of Paragraph 2 or 3 contains the false information, he/she must immediately grasp the condition of transportation or disposal of the industrial waster pertaining to the said notification and take appropriate measures, as provided by the Ordinance of the Ministry of the Environment.
11 Except as provided in the preceding Paragraphs, any other necessary matters concerning the electronic information processing system shall be determined by the Ordinance of the Ministry of theEnvironment.
Article 12-6 Advice
If the prefectural governor judges that a business, commissioned transporter
or commissioned disposer mentioned in Paragraph
1 of Article 12-3 does not observe
the provision of any of Paragraph 1 to 7 of the same Article or Paragraph 1
to 3, 5, 6 or
10 of the preceding Article, the prefectural governor is entitled
to advise that party to take appropriate action for proper management
of industrial
waste.
Article 13 Management by Local Governments
The collection, transport and disposal of industrial waste which the prefectural
governments or municipalities are obliged to
perform as part of their work,
under the provision of Paragraph 2 or 3 of Article 11, shall all be carried
out in accordance
with the industrial waste management standards (or the specially
controlled industrial waste disposal standards in respect of
industrial waste
in that category).
2 The prefectural governments or municipalities shall collect charges for the installation of an industrial waste disposal facility and the collection, transport and disposal of industrial waste by them in accordance with the prefectural or municipal ordinance. Section 2 Information Processing Center and Industrial Waste Appropriate Management PromotionCenter Subsection 1 Information Processing Center
Article 13-2 Designation
The Minister of the Environment may designate a legal parson coming under Article
34 of the Civil Law (1896 Law No. 89) and
being recognized as to be capable
of adequately and exactly executing the works specified in the following Article,
upon his/her
application, as an information processing center which is limited
to only one throughout the country.
2 When the Minister of the Environment has made the designation according to the provision of the preceding Paragraph, he must publicly notify the name and address of said information processing center and the location of its office.
3 When the information processing center changes its name or address or the location of its office, it must give notice to that effect in advance to the Minister of the Environment.
4 Upon receipt of such notice under the provision of the preceding Paragraph, the Minister of the Environment must publicly notify the particulars of said notice.
Article 13-3 Services
The information processing center shall execute the works specified in the following.
1) Use and management of electronic computers and other machines required for processing the registration according to the provision of Paragraph 1 of Article 12-5, reports according to the provision of Paragraph 2 or 3 of the same Article, and office works pertaining to the notification according to the provisions of Paragraphs 4 and 9 of the same Article (referred to as "registration and report works" in the following Item) by the electronic information processing system.
2) Preparing necessary programs, data and files for processing registration and report works by the electronic information processing system and keeping them.
3) Recording and keeping the record according to the provision of Paragraph 7 of Article 12-5, and reporting under the provision of Paragraph 8 of the same Article.
4) Works incidental to the works specified in the preceding three Items.
Article 13-4 Operational Rules
The information processing center must, before starting the works specified
in the Items of the preceding Article (referred
to as "information processing
works" in the following), determine the rules concerning the information processing
works with
respect to the method of executing the information processing works,
matters concerning the fee and other matters specified by
the Ordinance of the
Ministry of the Environment (referred to as "operational rules" in the following
and obtain the approval
of the Minister of the Environment.Thesame shall apply
in the case of changing the working rules.
2 The Minister of the Environment may order to change the approved operational rules under the preceding Paragraph when he/she recognizes that said operational rules are no longer adequate for appropriate and exact execution of the information processing works.
Article 13-5 Operation Plan or the like
The information processing center shall prepare every fiscal year an operation
plan and a budgetary statement of income and
expenditure and obtain the approval
of the Minister of the Environment, as provided by the Ordinance of the Ministry
of the
Environment. The same in the case of changing them.
2 The information processing center must prepare an operation report and a statement of income and expenditure concerning the information processing works after termination of every fiscal year and submit them to the Minister of the Environment, as specified by the Ordinance of the Ministry of the Environment.
Article 13-6 Suspension or Discontinuation of Services
The information processing center shall not suspend or discontinue all or part
of the information processing works unless the
permission of the Minister of
the Environment is obtained.
Article 13-7 Duty of Keeping Secret
An officer or a staff member of the information processing center or a person
who was once in such position must not leak a
secret he could know with respect
to the information processing works.
Article 13-8 Books
The information processing center must maintain books, as provided by the Ordinance
of the Ministry of the Environment, enter
the matters specified by the Ministry
of Health and Welfare Ordinance regarding the information processing works and
keep them.
Article 13-9 Report and On-site Inspection
The Minister of the Environment may have the information processing center submit
necessary reports on the information processing
works or the financial condition
or have his/her personnel enter the office of the information processing center
and inspect
the condition of information processing works or books, documents
and other Articles only to the extent required for securing
adequate operation
of the information processing works.
2 The personnel making an on-site inspection according to the provision of the preceding Paragraph must carry an identification certificate and show it to the individuals concerned.
3 The power of on-site inspection according to the provision of Paragraph 1 shall not be construed as that authorized for the sake of criminal.
Article 13-10 Supervisory Order
The Minister of the Environment may give necessary orders to the information
processing center with respect to the information
processing works to the extent
required for enforcement of the provisions of this subsection.
Article 13-11 Revocation of Designation
When the information processing center comes under any of the following Items,
the Minister of the Environment may revoke the
designation under the provision
of Paragraph 1 of Article 13-2 (referred to simply as "designation" in the following
in this
Article).
1) When recognized that the information processing works are no longer appropriately and exactly carried out.
2) When there was an unlawful act regarding the designation.
3) When violating either any of the provisions of this subsection or an order or disposition based said provision or performed the information processing works without following the approved operational rules in Paragraph 1 of Article 13-4. 2 When the Minister of the Environment revoked the designation according to the provision of the preceding Paragraph, he must publicly notify to that effect. Subsection 2 Industrial Waste Appropriate Management Promotion Center
Article 13-12 Designation
The Minister of the Environment may designate a corporation established under
Article 34 of Civil Law and intended for promoting
voluntary activities of businesses
for securing appropriate management of industrial waste and recognized as to
be capable
of appropriately and exactly carrying out the services specified
in the subsequent Article, upon its application, as the industrial
waste appropriate
management promotion center (referred to as "appropriate management promotion
center" in the following) which
is limited to only one throughout the country.
Article 13-13 Services
The appropriate management promotion center shall execute the works cited in
the following.
1) Giving necessary advice or guidance to businesses for check or improvement of the method and system of industrial waste management.
2) Collecting information concerning the industrial waste collection and transportation contractors and industrial waste disposal contractors and furnishing such information to businesses.
3) Training the businesses and their employees for appropriate management of industrial waste.
4) Developing enlightenment activities and public relations which will contribute to securing appropriate management of industrial waste.
5) Where industrial waste is inappropriately disposed, extending cooperation including execution of the removal of said industrial waste and funding to the prefectures taking the measures of removing hazards or the like under the provision of Paragraph 1 of Article 19-8.
6) Executing works incidental to the works cited in the preceding Items.
Article 13-14 Special Provisions for Permission or the like of Industrial
Waste Management Service
When the appropriate management promotion center or person entrusted by the
center undertakes removal of industrial waste or
the like upon request for cooperation
under the provision of Article 19-9, said center or person may execute the removal
and
other necessary acts as a trade without permission notwithstanding the provision
of Paragraph 1 or 4 of Article 14 or Paragraph
1 or 4 of Article 14-4. 2 In
the case of entrusting the acts specified in the preceding Paragraph to any
other person, the
appropriate management promotion center must follow the standards
specified by the Cabinet Order.
Article 13-15 Fund
The appropriate management promotion center shall provide a fund for the works
specified in the Items of Article 13-13 and may
appropriate the total amount
of the contributions from the businesses on condition that they are appropriated
for the expenses
required for the works. 2 The Minister of the Environment shall
try to obtain necessary cooperation of the businesses for the
contributions
to the fund provided in the preceding Paragraph.
Article 13-6 Application of Provisions of Other Articles
The provisions of Paragraphs 2 through 4 of Article 13-2, Article 13-5, Article
13-10 and Article 13-11 shall apply by analogy
to the appropriate management
promotion center. In this case, the wording "information processing works" in
Article 13-5, Article
13-10 and Item 1) of Paragraph 1 of Article 13-11 shall
be interpreted as "works cited in the Items of Article 13-13," and in
Item 3)
of the same Paragraph "either - - - or said" be interpreted as "or said" and
"when violated or performed the information
processing works without following
the approved working rules in Paragraph 1 of Article 3-4" be interpreted as
"when violated."
Section 3 Industrial Waste Management Service
Article 14 Industrial Waste Management Service
No person is allowed to undertake as a service the collection and transport
of industrial waste (excluding specially controlled
industrial waste; the same
will apply in the rest of this Article to Article 14-3-2 and Article 15-4-2
) without permission
from the prefectural governor with the jurisdiction over
the area in which the person is to conduct the service (or of the area
in which
that person is to load and unload industrial waste if the person is to conduct
a transport service only), except for
a service (provided he/she is to transport
the industrial waste by him/herself), a person undertaking the collection and
transport
of industrial waste solely for recycling as a business and anyone
specified in the Ordinance of the Ministry of the Environment.
2 The permission mentioned in the preceding Paragraph becomes invalid upon the lapse of a period not less than five years in length prescribed by a Cabinet Order,unless the permission is renewed for another year.
3 The prefectural governors shall not grant the permission mentioned in Paragraph 1 of this Article unless they judge that the application for it satisfies the following requirements:
1) The facilities used for the service and the ability of the applicant are judged sufficient for the proper and continuous conducting of the said service in the light of the standards set by the Ordinance of the Ministry of the Environment.
2) The applicant is none of the persons specified in the following.
a. The person is any of the one who comes under a. to e. of Item 4) of Paragraph 3 of Article 7.
b. A gang member who is specified by Paragraph 6 of Article 2 of the Law for Prevention of Unjustified Action by Gang (referred to as "gang member" in this Item) or the one who becomes not a gang member but stil lis short of one's fifth yea rfrom that day (referred to as "gang member o rthe like" in this Item).
c. In regard to sales activities, a minor who lacks the abilities of an adult and whose lawful deputy is a person specified in one ofa. or b..
d. A legal person whose director or employee specified by the Cabinet Order is a person specified in one of(a) or (b).
e. A legal person whose activities are controlled by a gang member or the like. f. An individualand an employee specified by the Cabinet Order is a person specified in one of a. or b.
4 No person is allowed to undertake as a service the disposal of industrial waste without permission from the prefectural governor with the jurisdiction over the area in which the person is to conduct the service, except for a business (provided he/she is to dispose of the industrial waste by him/herself), a person who is to dispose of industrial waste solely for recycling as a business and anyone specified in the Ordinance of the Ministry of the Environment
5 The permission mentioned in the preceding Paragraph becomes invalid upon the lapse of a period not less than five years in length prescribed by a Cabinet Order unless the permission is renewed for another period.
6 The prefectural governors shall not grant the permission mentioned in Paragraph 4 of this Article unless they judge that the application for it satisfies the following requirements:
1) The facilities used for the business and the ability of the applicant are sufficient for the proper and continuous conducting of the waste disposal service in the light of the standards specified by the Ordinance of the Ministry of the Environment.
2) The applicant is none of the persons specified in a. to f. of Item 2) of Paragraph 3.
7 4 of this Article may be granted with conditions necessary for the conservation of the living environment attached to it.
8 A person who has procured the permission mentioned in Paragraph 1 of this Article (who will hereinafter be referred to asn "industrial waste collection and transport contractor") and one who has procured the permission mentioned in Paragraph 4 of this Article (who will hereinafter be referred to asn "industrial waste disposal contractor") shall perform their industrial waste collection and transport activities and industrial waste disposal activities respectively in conformance with the industrial waste management standards.
9 Any other persons than the industrial waste collection and transportation contractors, industrial waste disposal contractors and others specified by the Ordinance of the Ministry of the Environment, shall not have the collection, transportation or disposal of industrial waste entrusted.
10 The industrial waste collection and transport contractors and industrial waste disposal contractors shall not commission anyone to collect and transport or dispose of industrial waste, but they may re-commission someone to collect and transport or dispose of the industrial waste committed to them by a service, in conformance with the standards prescribed by a Cabinet Order, or commission someone to perform their collection and transport function or disposal function in accordance with the Ordinance of the Ministry of the Environment.
11 The provisions in Paragraph 11 and 12 of Article 7 also apply to the industrial waste collection and transport contractors and industrial waste disposal contractors. "Municipal solid waste" in Paragraph 11 thereof, however, shall be interpreted as "industrial waste".
Article 14-2 Permission for Change or the Like
An industrial waste collection and transport contractor or industrial waste
disposal contractor shall obtain the prefectural
governor's permission for any
change of the scope of the collection and transport service or disposal service
except discontinuation
of part of the service.
2 The provisions of Paragraph 3 and 7 of the preceding Article also apply to the permission for a change of the scope of the collection and transport service mentioned in the preceding Paragraph, and the provisions of Paragraph 6 and 7 thereof apply to the permission for a change of the scope of the disposal service also mentioned in the preceding Paragraph.
3 The provision of Paragraph 3 of Article 7-2 shall apply to the industrial waste collection and transport contractors and industrial waste disposal contractors. "Municipal solid waste" in the same Paragraph, however, shall be interpreted as "industrial waste", and "mayor of the municipality" as "prefectural governor". "Mayor of the municipality" in Article 7-3 shall be interpreted as "prefectural governor".
Article 14-3 Revocation of Permission or the like
In case a industrial waste collection and transport contractor or industrial
waste disposal contractor becomes the one who falls
under one of the following
Items, the prefectural governor may revoke the permission or order that particular
contractor to
suspend the whole or part of the service for a prefixed period.
1) When the person violates laws, or demand or ask another person to act against laws, or indicate or help another person to do so.
2) When the facility in which the person uses for the service or the capability of that person becomes not to satisfy the standards prescribed in Item 1) of Paragraph 3 or Item 1) of Paragraph 6 of Article 14.
3) When the person becomes to be one of a. to f. of Item 2) of Paragraph 3 of Article 14.
4) When the person violates the condition attached to the said permission specified in Paragraph 7 of Article 14.
Article 14-3-2 Prohibition of Nominal Transfer
The industrial waste collection and transportation contractors and industrial
waste disposal contractors must not have any other
person perform collection
or transportation or disposal of industrial waste as a trade under their own
names.
Section 4 Specially Controlled Industrial Waste Management Service
Article 14-4 Specially Controlled Industrial Waste Management Service
No person is allowed to undertake as a service the collection and transport
of specially controlled industrial waste without
permission from the prefectural
governor with the jurisdiction over the area in which the person is to conduct
the service
(or over the area in which the person is to load and unload specially
controlled industrial waste if he is to conduct a transport
service only), except
for a service (provided he is to transport the specially controlled industrial
waste by him/herself)
or anyone specified in the Ordinance of the Ministry of
the Environment.
2 The permission mentioned in the preceding Paragraph becomes invalid upon the lapse of a period not less than five years in length prescribed by a Cabinet Order unless the permission is renewed for another period.
3 The prefectural governor shall not grant the permission mentioned in Paragraph 1 of this Article unless he/she judges that the application for it satisfies the following requirements:
1) The facilities used for the service and the ability of the applicant are judged sufficient for the proper and continuous conducting of the said service in the light of the standards set by the Ordinance of the Ministry of the Environment.
2) The applicant is none of the persons specified in a. to f. of Item 2) of Paragraph 3 of Article 14.
4 No person is allowed to undertake as a service the disposal of specially controlled industrial waste without permission from the prefectural governor with the jurisdiction over the area in which that person is to conduct the disposal service, except for an business (provided he is to dispose of the specially controlled industrial waste by him/herself) and anyone specified in the Ordinance of the Ministry of the Environment.
5 The permission mentioned in the preceding Paragraph becomes invalid upon the lapse of a period not less than five years in length prescribed by a Cabinet Order unless the permission is renewed for another period.
6 The prefectural governor shall not grant the permission mentioned in Paragraph 4 of this Article unless he judges that the application for it satisfies the following requirements:
1) The facilities used for the service and the ability of the applicant are sufficient for the proper and continuous conducting of the waste disposal service in the light of the standards set by the Ordinance of the Ministry of the Environment.
2) The applicant is none of the persons specified in a. to f. of Item 2) of Paragraph 3 of Article 14.
7 The permission mentioned in Paragraph 1 or 4 of this Article may be granted with conditions necessary for the conservation of the living environment attached to it.
8 A person who has procured the permission mentioned in Paragraph 1 of this Article(who will hereinafter be referred to as "specially controlled industrial waste collection and transport contractor") and one who has procured the permission mentioned in Paragraph 4 of this Article (who will hereinafter be referred to as "specially controlled industrial waste disposal contractor") shall perform specially controlled industrial waste collection and transport activities and specially controlled industrial waste disposal activities respectively in conformance with the specially controlled industrial waste management standards.
9 Any other persons than the specially controlled industrial waste collection and transportation contractors, specially controlled industrial waste disposal contractors and others specified by the Ordinance of the Ministry of the Environment must not have the collection and/or transportation or disposal of industrial wasteentrusted.
10 The specially controlled industrial waste collection and transport contractors and specially controlled industrial waste disposal contractors shall not commission anyone to collect and transport or dispose of specially controlled industrial waste, but they may re-commission someone to collect and transport or dispose of the specially controlled industrial waste committed to them by a service, in conformance with the standards prescribed by a Cabinet Order, or commission someone to perform their collection and transport function or disposal function in accordance with the Ordinance of the Ministry of the Environment.
11 Despite the provision in Paragraph 1 or 4 of Article 7, the specially controlled industrial waste collection and transport contractors, specially controlled industrial waste disposal contractors and some other persons specified by the Ordinance of the Ministry of the Environment may undertake as a service the collection and transport or disposal of special municipal solid waste in accordance with the Ordinance of the Ministry of the Environment. In that case, they shall conduct their waste collection and transport service or disposal service in conformance with the specially controlled municipal solid waste management standards.
12 The provisions of Paragraph 11 and 12 of Article 7 also apply to the specially controlled industrial waste collection and transport contractors and specially controlled industrial waste disposal contractors. "Municipal solid waste" in Paragraph 11 of Article 7, however, shall be interpreted as "specially controlled industrial waste (including specially controlled municipal solid waste in the case of a contractor conducting a specially controlled industrial waste collection and transport or disposal service under the provision of Paragraph 11 of Article 14-4 )".
Article 14-5 Permission for Change or the Like
A specially controlled industrial waste collection and transport contractor
or specially controlled industrial waste disposal
contractor shall obtain the
prefectural governor's permission for any change of the scope of the collection
and transport service
or disposal service except discontinuation of part of
the service. 2 The provisions of Paragraph 3 and 7 of the preceding Article
also apply to the permission for a change of the scope of the collection and
transport service mentioned in the preceding Paragraph,
and the provisions of
Paragraph 6 and 7 thereof apply to the permission for a change of the scope
of the disposal service also
mentioned in the preceding Paragraph. 3 The provision
of Paragraph 3 of Article 7-2 also applies to the specially controlled industrial
waste collection and transport contractors and specially controlled industrial
waste disposal contractors. "Municipal solid
waste" in that provision, however,
shall be interpreted as "specially controlled industrial waste", and "mayor
of the municipality"
as "prefectural governor".
Article 14-6 Application of Provisions of Other Articles
The provision of Article 14-3 also applies to specially controlled industrial
waste collection and transport contractors and
specially controlled industrial
waste disposal contractors. In this case, "Item 1) of Paragraph 3 or Item 1)
of Paragraph 6
of Article 14-3" in Item 2) of the same Article shall be interpreted
as "Item 1) of Paragraph 3 or Item 1) of Paragraph 6 of Article
14-4", and "Paragraph
7 of Article 14" in Item 4) of the same Article as"Paragraph 7 of Article 14-4".
Article 14-7 Prohibition of Nominal Transfer
The specially controlled industrial waste collection and transportation contractors
and specially controlled industrial waste
disposal contractors must not have
any other person perform the collection or transportation or disposal of specially
controlled
industrial waste as a trade under their own names.
Section 5 Industrial Waste Disposal Facility
Article 15 Industrial Waste Disposal Facility
Any person desiring to install an industrial waste disposal facility (referring
to those waste plastics treatment facilities,
final disposal site for industrial
waste and other industrial waste disposal facilities which are specified by
the Cabinet
Order; same in the following) must obtain the permission of the
prefectural governor with the jurisdiction over the place of installation
of
said industrial waste disposal facility.
2 The person desiring to obtain the permission of the preceding Paragraph must file an application stating the matters listed below, as provided by the Ordinance of the Ministry of the Environment.
1) Name or title and address, and in the case of a legal parson, name of its representative
2) Place of installation of the industrial waste disposal facility
3) Type of the industrial waste disposal facility
4) Type of industrial wastedisposed at the industrial waste disposal facility
5) Disposal capacity of the industrial waste disposal facility (or, in the case of a final disposal site for industrial waste, area and landfill capacity of the site used for landfill disposal of industrial waste)
6) Plan for installation including location, structure or the like of the industrial waste disposal facility
7) Plan for operation and maintenance of the industrial waste disposal facility
8) In the case of a final disposal site for industrial waste, plan for disaster prevention 9) Any other matters specified by the Ordinance of the Ministry of the Environment.
3 The application of the preceding Paragraph must accompany a document stating the result of investigation of any effects of the installation of said industrial waste disposal facility on he living environment in the surrounding area, as provided by the Ordinance of the Ministry of the Environment.
4 The prefectural governor, when he received an application for permission of Paragraph 1 for an industrial waste disposal facility (limited to those specified by the Cabinet Order), must without delay publicly notify the matters cited in Items 1) through 4) of Paragraph 2 and the date of application and place of reference, and offer the application of the said Paragraph and the document of the preceding Paragraph for a period of one month from the day of said publication.
5 The prefectural governor, when he has made the notification according to the provision of the preceding Paragraph, must without delay notify to that effect to the heads of the municipalities concerned for conservation of the living environment with respect to installation of said industrial waste disposal facility and hear the opinions of said heads of municipalities from the standpoint of conservation of the living environment with a period specified.
6 Where there was the notification under the provision of Paragraph 4, any person who has interests in the installation of said industrial waste disposal facility may file a statement of opinion from the standpoint of conservation of the living environment with the prefectural governor by the day elapsing two weeks calculated from the day next to the day of expiration of the reference of the same Paragraph.
Article 15-2 Standards on Permission
The prefectural governor shall not grant the permission specified in Paragraph
1 of the preceding Article, unless he judges
that theapplication for that permission
satisfies both of the following requirements:
1) A plan for installation of industrial waste disposal facilities shall satisfy the technical standards set by the Ordinance of the Ministry of the Environment(or by the ordinances of the Office of the Prime Minister and the Ministry of Health and Welfare in the case of a final disposal site for industrial waste).
2) The plan for installation and the plan for operation and maintenance of industrial waste disposal facilities shall have adequate considerations incorporated for conservation of the living environment in the surrounding area of the said industrial waste disposal facilities as well as the surrounding area specified by the Ordinance of the Ministry of the Environment.
3) The capability of the applicant is sufficient for the proper and continuous conducting of the installation and operation and maintenance of industrial waste disposal facilities in accordance with the plan of its installation and the plan of its operation and maintenance in the light of the standards set by the Ordinance of the Ministry ofthe Environment.
4) The applicant is none of the persons specified in a. to f. of Item 2) of Paragraph 3 of Article 14.
2 The prefectural governors may not grant the permission of the Paragraph 1 of the preceding Article, when they judge that it may become difficult to satisfy the air environment standards, since refuse treatment facilities or industrial waste disposal facilities would become concentrated too much by installing the facility relating to the said permission.
3 The prefectural governor, before giving the permission of Paragraph 1 of the preceding Article (limited that which pertains to the industrial waste disposal facility specified in Paragraph 4 of the same Article), must hear the opinions concerning the matters specified in Item 2) of Paragraph 1 from the persons owning special knowledge on the matters specified by the Ordinance of the Ministry of the Environment with respect to conservation of the living environment.
4 The permission of Paragraph 1 of the preceding Article, may have necessary conditions attached for conservation of the living environment.
5 The person having the permission of Paragraph 1 of the preceding Article, granted (referred to as "installer of industrial waste disposal facility" in the following) shall not use the industrial waste disposal facility pertaining to said permission before it is recognized upon inspection by the prefectural governor that it is in conformity with the plan for installation stated in the application of Paragraph 2 of the preceding Article, pertaining to said permission.
Article 15-2-2 Operation and Maintenance of Industrial Waste Disposal
Facility
The installer of an industrial waste disposal facility must operation and maintenance
said industrial waste disposal facility
in accordance with the technical standards
specified in the Ordinance of the Ministry of the Environment and the plan for
operation
and maintenance stated in the application of Paragraph 2 of Article
15, pertaining to the permission of said industrial waste
disposal facility
(or, when the permission of Paragraph 1 of Article 15-2-4 is granted for the
plan, the plan after change).
Article 15-2-3 Application by Analogy
The provision of Article 8-4 applies to a installer of an industrial waste disposal
facility (only those who were granted the
permission of Paragraph 1 of Article
15 on the industrial waste disposal facility prescribed in Paragraph 4 of the
same Article),
and the provision of Article 8-5 applies to the person who was
granted the permission of the same Article for the final disposal
site for industrial
waste prescribed by the Ordinance of the Ministry of the Environment." In this
case, "the permitted municipal
solid waste disposal facility" and "the municipal
solid waste disposal facility" in Article 8-4 shall be interpreted as "the industrial
waste disposal facility", "a specific final disposal site for municipal solid
waste" in Paragraph 1 of Article 8-5 as "a specific
final disposal site for
industrial waste", "a final disposal site for municipal solid waste that is
the municipal solid waste
disposal facility" as "a final disposal site for industrial
waste that is the industrial waste disposal facility", "Paragraph
1 of Article
8" as "Paragraph 1 of Article 15", "a specific final disposal site for municipal
solid waste" in Paras.4 and 6
of Article 8-5 as "specific final disposal site
for industrial waste", "Paragraph 3 of Article 9-5, Paragraph 1 of Article 9-6
and Paragraph 1 of Article 9-7" in Paragraph 7 of Article 8-5 as "Paragraph
3 of Article 9-5, Paragraph 1 of Article 9-6 and
Paragraph 1 of Article 9-7
which are applied in Article 15-4", and "Paragraph 1 of Article 8" as "Paragraph
1 of Article 15".
Article 15-2-4 Permission of Change or the like
The installer of an industrial waste disposal facility must obtain the permission
of the prefectural governor, as provided by
the Ordinance of the Ministry of
the Environment when he desires to change any of the matters cited in Items
4) through 7)
of Paragraph 2 of Article 15, pertaining to said permission. Provided,
the preceding shall not apply when hr change is a minor
change specified by
the Ordinance of the Ministry of the Environment.
2 The provisions of Paragraph3 to Paragraph 6 of Article 15 and Paragraph 1 to Paragraph 4 of Article 15-2 also apply to the permission mentioned in the preceding Paragraph, and the provision of Paragraph 5 of the same Article applies to a person who has procured the said permission.
3 The provisions of Paragraphs 3 through 5, Article 9 shall apply by analogy to the installer of an industrial waste disposal facility. In this case, the wording, in Paragraph 3 of the same Article, "provisoion of Paragraph 1" shall be interpreted as "provision of Paragraph 1of Article 15-2-4," "Item 1) of Paragraph 2 of the same Article" be interpreted as "Item 1) of Paragraph 2 of Article 15," "municipal solid waste disposal facility pertaining to said permission" be interpreted as "said industrial waste disposal facility," and "municipal solid waste" be interpreted as "industrial waste" and "municipal solid waste disposal facility" be interpreted as "industrial waste disposal facility" and, in Paragraphs 4 and 5 of the same Article, "municipal solid waste disposal facility pertaining to said permission" be interpreted as "said industrial waste disposal facility" and"municipal solid waste" be interpreted as"industrial waste."
Article 15-3 Revocation of Permission or the Like
The prefectural governors may revoke the permission of Paragraph 1 of Article
15 pertaining to the said industrial waste disposal
facility, or order the installer
to make the necessary improvements of the said industrial waste disposal facility
within a
specified period of time or suspend its operation for a specified period
of time, when there is a case which falls under one of
the following Items.
1) Where the structure of industrial waste disposal facility pertaining to the permission of Paragraph 1 of Article 15 or its operation and maintenance is recognized as not complying with the technical standards provided in Item 1) of Paragraph 1 of Article 15-2 or Article 15-2-2 or the plan concerning installation or plan for operation and maintenance set forth in the application of Paragraph 2 of Article 15 pertaining to the said permission (or if the permission of Paragraph 1 of the preceding Article is granted forthat plan,the modified planis applied).
2) When the capability of the installer of industrial waste disposal facilities is recognized as not satisfying the standards specified by the Ordinance of the Ministry of the Environment in Item 3) of Paragraph 1 of Article 15-2.
3) When the installer of industrial waste disposal facilities takes actions which violate the Laws, or demands, asks or indicates another person to act against the Laws, or helps another person to do so.
4) When the installer of industrial waste disposal facilities becomes to be one of a. to f. of Item 2) of Paragraph 3 of Article 14. 5) When the installer of industrial waste disposal facilities violates the condition attached to the said permission under the provision of Paragraph 4 of Article 15-2.
Article 15-4 Application of Provisions of Other Articles
The provision of Article 9-4 also applies to the installer of industrial waste
disposal facilities, and the provisions of Article
9-5 to Article 9-7 apply
to industrial waste disposal facilities. In this case, "municipal solid waste
disposal facilities"
in Article 9-4 shall be interpreted as "industrial waste
disposal facilities", "Paragraph 1 of Article 8" in Article 9-5 as "Paragraph
1 of Article 15", and "Paragraph 1 of Article 8-2" in Paragraph 2 of the same
Article and Paragraph 2 of Article 9-6 as "Paragraph
1 of Article 15-2".
Section 6 Special Provisions Pertaining to Recycling of Industrial Waste
Article 15-4-2
As specified by the Ordinance of the Ministry of the Environment, any person
performing or desiring to perform recycling of
industrial waste specified by
the Ordinance of the Ministry of the Environment may obtain approval of the
Minister of the Environment
for conformity with any of the following Items.
1) That the contents of said recycling comply with the standards specified by the Ordinance of the Ministry of the Environment as one not hazardous to conservation of the living environment.
2) That the contents of said recycling comply with the standards specified by the Ordinance of the Ministry of the Environment as one not hazardous to conservation of the living environment.
3) That the facility which the person specified in the preceding Item installs or going to install for use for said recycling complies with the standards specified by the Ordinance of the Ministry of the Environment.
2 The provision of Paragraph 2 of Article 9-8 shall apply to the approval of the preceding Paragraph, and the provisions of Paragraphs 3 and 4of the same Article to the person having the approval of the preceding Paragraph granted. In such case, the wording in Paragraph 3 of the same Article "Paragraph 1 or 4 of Article 7 or Paragraph 1 of Article 8" shall be interpreted as "Paragraph 1 or 4of Article 14 or Paragraph 1ofArticle 15"; "municipal solid waste" be interpreted as "industrial waste"; "municipal solid waste disposal facility" be interpreted as "industrial