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Laws of Japan |
* Ministry of the Environment Government of Japan (Tentative Translation)
Law No. 138 of 1970
Latest Amendment by Law No. 75 of 1995
Article 1 Purpose
The purposes of this Law are to prevent the pollution of water (including form
of deterioration of the condition of water other
than the deterioration of water
quality; the same hereinafter) in the Public Water Areas by regulating effluent
discharged
by factories or establishments into the Public Water Areas, thereby
to protect human health and to preserve the living environment
and to protect
sufferers by setting forth stipulations regarding the responsibilities of the
proprietors of factories or establishments
to compensate the damage in cases
where human health is damaged by polluted water or wastewater discharged from
factories or
establishments.
Article 2 Definitions
1. The term "Public Water Areas" in this Law shall mean water
areas of public use such as rivers, lakes, ports and harbors,
coastal seas,
etc. , including such waterways connected thereto as pubic waterways, irrigation
waterways and other waterways
subject to public use (excluding public sewers
and river-basin sewers as provided for by Sub-paragraphs 3 and 4, Article 2
of the Sewerage Law (No.79 of 1958), for which a terminal-treatment plant as
provided for by Sub-paragraph 6 of the same Article
is established (including
the public sewers connected to such river-basin sewers)).
2. The term "Specified Facilities" in this Law shall mean those facilities which discharge polluted water or wastewater meeting either of the following conditions, and which are to be specified by Cabinet Order:
(1) Containing cadmium or other substances to be specified by Cabinet Order as substances which may cause harmful damage to human health:
(2) Being of a degree, that may cause damage to the living environment, as chemical oxygen demand and other substances, to be specified by Cabinet Order as showing the condition of water pollution (including thermal pollution, but excluding pollution by the substances as referred to by the preceding Sub-paragraph).
3. The term "'Specified Facilities in Designated Areas" in this Law shall mean those facilities which discharge polluted water or wastewater of a degree defined in preceding Sub-paragraph (2) into designated water areas as provided for in Sub-paragraph (1), Paragraph 2, Article 4, and which are to be specified by Cabinet Order.
4. The term "Oil Storage Facilities etc.," in this Law shall mean facilities which store heavy oil or other oils as stipulated by other government ordinances (and hereinafter referred to simply as "Oils") or facilities which treat oil-containing water (exclusive of Specified Facilities) that are stipulated by Cabinet Order.
5. The term "Effluent" as used in this Law shall mean the water discharged from the factories or the establishments (hereinafter to be referred to as "the specified establishments"), which have the specified facilities (including the specified facilities in the designated areas, hereinafter the same) installed therein to the public water areas.
6. The tern "Polluted water, etc." in this Law shall mean polluted water or wastewater discharged from specified facilities.
7. The term "Specified Underground Percolated Water" in this Law shall mean water poured into underground from specified factories or establishments that have facilities for the manufacture, use, or treatment of substances as provided for in Sub-paragraph (1), paragraph 2 of this Article (hereinafter referred to as "Harmful Substances"), (excluding specified facilities in designated areas hereinafter referred to as "Specified Factories that Use Harmful Substances"), which contains wastewater, etc., including treated wastewater related to Specified Factories or Establishments that Use Harmful Substances.
8. The term "Domestic Effluent" in this Law shall mean water discharged in consequence of human activities such as cooking, washing, bathing, etc., into Public Water Areas (excluding Effluent).
Article 3 Effluent Standards
1. The effluent standards regarding the extent of pollution (including thermal
pollution; the same hereinafter) shall be established
by Ordinance of the Prime
Minister's Office.
2. The effluent standards referred to in the preceding Paragraph shall be established in terms of the maximum permissible level established by each substance as to Harmful Substances in case of pollution caused by Harmful Substances, and in case of other kinds of pollution shall be established in terms of the maximum permissible level established by each item as to each item provided for in Sub-paragraph 2, Paragraph 2 of the preceding Article.
3.When there is any Public Water Area under prefectural jurisdiction, for which the effluent standards as established under Paragraph 1 are recognized to be insufficient for protecting human health or for preserving the living environment, the Prefecture may establish more stringent standards than the maximum permissible levels stipulated in the effluent standards as provided for under the same paragraph, by enacting Prefectural Ordinances in accordance with the criteria to be stipulated by Cabinet Order.
4. In the Prefectural Ordinances referred to in the preceding Paragraph, the scope of the area concerned shall be also identified.
5. In a case where the Prefecture establishes effluent standards under the provisions of Paragraph 3, the Governor of the Prefecture shall in advance notify the Director General of the Environment Agency and the Governors of any other prefectures concerned.
Article 4 Advice Concerning Effluent Standards
The Director General of the Environment Agency may, whenever he deems
it specially necessary for the prevention of water pollution
in Public Water
Areas, advise the Prefectures to establish their own effluent standards in accordance
with the provisions of
Paragraph 3 of the preceding Article or to revise the
effluent standards already established in accordance with the same Paragraph.
Article 4-2 Fundamental Policy for Reduction of Total Pollution Amount
1. As regards wide public water areas (only seas almost entirely surrounded
by land) into which large quantities of water discharged
in conjunction with
daily life and business activities have come to flow as a result of population
and industry concentration,
etc. , and for which it is recognized to be difficult
to attain the standards with respect to the environmental conditions relating
to water pollution under the provisions Paragraph 1 of Article 16 of the Basic
Environment Law (Law No. 91 of 1993) (hereinafter
referred to as the "Environmental
Quality Standards for Water Pollution") only by means of the effluent standards
as referred to in Paragraph 1 or Paragraph 3, Article 3 of this Law, the Prime
Minister shall, for the purpose of preventing
water pollution in each specified
water area to be specified by Cabinet Order (hereinafter referred to as "Specified
Water
Area") in respect to chemical oxygen demand and other item stipulated
by Cabinet Order (hereinafter referred to as "Specified
Items') among items
stipulated in Sub-paragraph 2 Paragraph 2 of Article 2, establish a fundamental
policy related to the reduction
of the pollutant load expressed in terms of
the Specified Items (hereinafter referred to simply as the "Pollution Load"),
(such fundamental policy shall be hereinafter referred to as the "Fundamental
Policy for Reduction of Total Pollution
Load") in respect of each of the
regions specified by Cabinet Order as being related to water pollution in the
Specified
Water Areas (such regions shall be hereinafter referred to as "Specified
Regions").
2. In the Fundamental Policy for Reduction of Total Pollution Load, the reduction target volume, the target year and other fundamental matters relating to the reduction of the pollutant load shall be set forth. In this case, as regards the reduction target volume, the target volume of reduction under Sub-paragraph 3 shall, with the aim of attaining the Environmental Quality Standards for Water Pollution related to the Specified Items concerned in respect of the Specified Water Area concerned, be fixed so as to make the Pollutant load of Sub-paragraph 1 to become the total pollution quantity of Sub-paragraph 2 by the target year.
(1) The total quantity of the Pollutant load of the water flowing into the Specified Water Area concerned;
(2) The total amount of the Pollutant load in the case where the maximum possible reduction of the total quantity of the Pollutant load of the preceding sub-paragraph should be attempted with consideration given, in accordance with what is prescribed by Cabinet Order, to population and industrial trends, the level of sewage and wastewater treatment technology, prospects for construction of sewers, etc., in the Specified Region concerned;
(3) The target volume of reduction of the Pollutant load of the water discharged into the Public Water Area in the Specified Region concerned for each prefecture and each pollution source (inclusive of a target volume of reduction set as an intermediate goal).
3. The Prime Minister shall, when he intends to establish, revise or abolish the Cabinet Order specifying the water areas referred to in Paragraph 1 or the Cabinet Order specifying the regions referred to in the same Paragraph, hear the opinion of the governors of the prefectures concerned.
4. The Prime Minister shall, when he intends to establish or change the Fundamental Policy for Reduction of Tota1 Pollution Load, hear the opinion of the governors of the prefectures concerned and consult with the Conference of Environmental Pollution Control.
5. The Prime Minister shall, when he has established or changed the Fundamental Policy for Reduction of Total Pollution Load, notify the governors of the prefectures concerned of such fact.
Article 4-3 Plan for Reduction of Total Pollution Load
1. The governors of prefectures, any part of which is within a Specified Region,
shall, establish a plan for the realization
of the target volume of reduction
referred to in Sub-paragraph 3, Paragraph 2 of the preceding Article (hereinafter
referred
to as "Plan ' for Reduction of Total Pollution Load") on
the basis of the Fundamental Policy for Reduction of Total
Pollution Load.
2. The matters referred to in the following Sub-paragraphs shall be stipulated in the Plan for Reduction of Total Pollution Load:
(1) The target amount of reduction in pollutant load for each pollution source;
(2) The means for achieving the target volume of reduction referred to in the preceding Sub-paragraph;
(3) Other necessary matters related to the reduction in the total amount of the pollution load.
3. The governors of the prefectures shall, when they intend to establish a plan for Reduction of Total Pollution Load, hear the opinion of the mayors of the cities, towns and villages concerned and obtain the approval of the Prime Minister.
4. The Prime Minister shall, when he intends to give the approval referred to in the preceding Paragraph, consult with the Conference of Environmental Pollution Control.
5. Tue governors of the prefectures shall, when they have established a plan for reduction of Total Pollution Load, publicly announce the content thereof.
6. The provisions of the preceding three Paragraphs shall apply mutatis mutandis to a change in the Plan for Reduction of Total Pollution Load.
Article 4-4 Promotion of the Implementation of the Plan for Reduction
of Total Pollution Load
The national and local governments shall endeavor to take measures required
to implement the Plans for Reduction of Total Pollution
Load.
Article 4-5 Total Pollutant load Regulating Standards
1. The governors of prefectures, any part of which is within a Specified Region,
shall, in respect of the Pollutant load of
Effluents discharged from Specified
Factories within the Specified Region which are of a scale not smaller than
that to be
stipulated by order of the Prime Minster's Office (hereinafter referred
to as "Specified Factories within Specified Region"),
establish total
load regulation standards on the basis of the plan for Reduction of Total Pollutant
load in accordance with
what is prescribed by Order of the Prime Minister's
Office.
2. In respect of a Specified Factory within a Specified Region at which a Specified Facility has been newly installed (inclusive of one which has newly come to be a Specified Factory within a Specified Region as a result of the installation or change in structure, etc., of a Specified Facility at a factory or establishment) and a Specified Factory with in a Specified Region which has been newly set up, the governor of the prefecture may, on the basis of the Plan for Reduction of Total pollution Load, establish, in accordance with what is prescribed by Order of the Prime Minister's Office, special total pollutant load regulation standards to be applied in place of the respective total pollutant load regulation standards mentioned in the preceding Paragraph.
3. The total pollutant load regulation standards referred to in Paragraph 1 and the preceding paragraph shall, in respect of the Specified Factories within a Specified Region, be the maximum permissible level determined for the pollutant load of the effluents discharged from the Specified Factories within the Region.
4. The governors of the prefectures shall publicly announce the total pollutant load regulation standards established under Paragraph 1 or Paragraph 2. The same shall also apply when such total pollutant load regulation standards are changed or abolished.
Article 5 Report on the Installation of Specified Facility
1. A person who discharges effluents from a factory or establishment
into a Public Water Area shall, when he intends to install
a Specified Facility,
submit a report on the following matters to the governor of the prefecture in
accordance with what is
prescribed by order of the Prime Minister's Office:
(1) Name or appellation and address, and in the case of a corporate body, the name of the representative;
(2) Name and address of the factory or the establishment;
(3) Type of the Specified Facility;
(4) Structure or construction of the Specified Facility;
(5) Method of use of the Specified Facility;
(6) Method of treatment of polluted water or wastewater (hereinafter referred to as "Polluted Water, etc.") to be discharged from the Specified Facility;
(7) The state of pollution and quantity of the Effluents (in the case of a factory or establishment within a Specified Region, the state of pollution and quantity of the Effluents for each drainage system);
(8) Other matters stipulated by Order of the Prime Minister's Office.
2. A person who permeates effluents which contain polluted water, etc., related to a Specified Facility that Use Harmful Substances from a factory or an establishment into the subsurface (inclusive of treated water thereof), shall, when he intends to install a Specified Facility, submit a report on the following matters to the governor of the prefecture in accordance with what is prescribed by Order of the Prime Minister's Office:
(1) Name or appellation and address, and in case of a juridical person, the name of the representative;
(2) Name and address of the factory or establishment;
(3) Type of the Specified Facility using harmful substances;
(4) Structure or construction of the Specified Facility using harmful substances;
(5) Method of using the Specified Facility using harmful substances;
(6) Method of treatment of polluted water, etc.;
(7) Method of percolation of Specified Underground Percolated Water;
(8) Other matters stipulated by Order of the Prime Minister's Office.
Article 6 Transitional Measures
1. In case a facility becomes a Specified Facility (exclusive of a
Specified Facility in a Designated Area; the same hereinafter),
its owner (including
a person having a facility under construction) who discharges, Effluents or
permeates Specified Underground
Permeation Water, shell submit a report to the
Governor of the Prefecture within 30 days after it has become a Specified Facility
in respect to the items provided for in each Sub-paragraphs of paragraph 1 or
2 of preceding Article, in accordance with what
is stipulated by Order of the
Prime Minister's Office. In this case, if the person has already submitted a
report in respect
to the said Specified Facility as provided for in Paragraph
1 of the preceding Article or the next Paragraph of this Article with
respect
to Specified Facility in a Designated Area (including where provisions of the
Law Concerning Special Measures for Conservation
of the Environment of the Seto
Inland Sea, Law No.110 of 1973. Paragraph 2 of Article 12, or the Law Concerning
Special Measures
for Conservation of Water Quality of Lakes and Marshes, Law
No.61 of 1984, Article 14, shall apply) such person shall be deemed
to have
submitted a report with respect to the provisions of this Paragraph.
2. In case a facility becomes a Special Facility in a Designated Area, an owner who has a facility in the Designated Area (including a person having a facility under construction; the same hereinafter) or a person who actually has a Specified Facility in Designated Area when an area becomes a Designated Area, who discharges Effluents, shall submit a report to the governor of the prefecture within 30 days after the said facility has become a Specified Facility in a Designated Area or the said area has become a Designated Area in respect to items provided for in Sub-paragraphs (1) to (8) Paragraph 1, of the preceding Article, in accordance with what is Stipulated by order of the Prime Minister's Office. In this case, if the person has already submitted a report in respect to the facility which is deemed to be a Specified Facility in Designated Area in accordance with the provisions of Article 14 of the Law Concerning Special Measures for Conservation of Water Quality of Lakes and Marshes, under Paragraph 1 of the preceding Article, or this Paragraph, the person who has submitted the said report shall be deemed to have submitted a report provided for in this Paragraph in respect to the said Facility.
3. An owner who actually has a Specified Facility in the said Designated Area at the time of enforcement of Order of the Prime Minister's Office stipulating the Area provided for in Sub-paragraph (1) Paragraph 2 of Article 4, (including a person having a facility under construction and a person who has submitted a report provided for in the preceding Article, but who has not yet commenced construction of the facility) and who discharges Effluents, shall submit a report to the governor bf the prefecture on the state of pollution and quantity of Effluents for each drainage system within 60 days after the enforcement of the said Order of the Prime Minister's Office.
Article 7 Report on Changes in the Structure of a Specified Facility,
etc.
Any person, who submitted a report in compliance with the provisions of Article
5 or of the preceding Article, and intends to
change any of the matters specified
in Sub-paragraphs (4) to (8) of Paragraph 1 of Article 5 or Sub-paragraph (4)
to (8) of
Paragraph 2 of Article 5, shall submit a report thereon to the governor
of the prefecture in accordance with what is stipulated
by Order of the Prime
Minister's Office.
Article 8 Order to Change Plan, etc.
When a governor of a prefecture , receives the report mentioned in Article 5
or in the preceding Article, and deems that the
state of pollution of the effluents
at the place of discharge do not satisfy the effluent standards which are established
under
the provisions of Paragraph 1 or Paragraph 3 of Article 3 (hereinafter
referred to simply as the "Effluent Standards"),
he may order, within
60 days after, he receives the report, the person, who submitted the report,
to change the structure or
the way of use of the Specified Facility or the plan
for the treatment of the polluted water, etc. about the report concerned
(including
abandonment of the plan as reported in accordance with the provisions of the
preceding Article), or to abandon the
plan for establishing the Specified Facility
as reported in accordance with the provisions of Article 5.
Article 8-2
In respect of a Specified Factory within a Specified Region at which
there is to be installed a Specified Facility, in respect
of which a report
has been submitted in accordance with the provisions of Article 5 or Article
7 (inclusive of one which has
newly come to be such a Factory within the Specified
Region as a result of an installation or change at a factory or establishment),
the governor of the prefecture, when he acknowledges that the Pollutant load
of the Effluents to be discharged from the Specified
Factory within the Specified
Region concerned will not satisfy the total pollutant load regulation standards,
may, only within
sixty days from the day on which he accepted such report order
the person establishing the Specified Factory within the Specified
Region concerned
to improve the method of treating the polluted water and wastewater at the Specified
factory within the Region
concerned and to take such other measures as are necessary.
Article 9 Restrictions on Installation of Facilities
1. A person who has submitted a report in accordance with the provisions of
Article 5 or Article 7 shall not install the Specified
Facility mentioned in
the report, or change the structure or the way of use of the Specified Facility,
or the treating method
of the polluted water, etc. unless sixty days have passed
after the report submitted was accepted.
2. The governor of the prefecture may, when he deems the contents of the report as submitted in accordance with the provisions of Article 5 or Article 7 to be adequate, shorten the period mentioned in the preceding Paragraph.
Article 10 Report on Change in Name of Person, etc.
A person who has submitted a report in accordance with the provisions of Article
5 or Paragraph 1 or Paragraph 2 of Article
6, shall in the case where a change
takes place in respect of the items mentioned in the provision of Sub-paragraph
1 or Sub-paragraph
2 of Paragraph 1 or 2 of Article 5 or where use of the Specified
Facility has been abandoned, submit a report to the prefectural
governor within
30 days after such a change took place.
Article 11 Inheritance
1. A person who takes over or rents a Specified Facility from a person who has
submitted the report in accordance with the provisions
of Article 5 or Paragraph
1 or Paragraph 2 of Article 6 shall succeed the status of the person who submitted
the report on
the Specified Faculty.
2. In cases where inheritance or merger takes place in respect of the person who submitted the report in compliance with the provisions of Article 5 or Article 6, Paragraph 1 or Paragraph 2, the inheritor or the juridical person who continues to exist after the merger or the juridical person that is newly established by the merger shall succeed to the status of the person who submitted the report.
3. A person who, in accordance with the preceding two Paragraphs, succeeds the status of the person who submitted the report as provided for in Article 5 or Article 6, Paragraph 1 or Paragraph 2, shall also submit a report to the prefectural governor within 30 days after the succession took place.
4. A person who takes over or rents a Specified Factory within a Specified Region or who acquires a Specified Factory within a Specified Region by inheritance or merger shall, in respect of the application of the provisions of Article 8-2, Article 13, Paragraph 3 and Article 14, Paragraph 3, succeed the status of the person who set up the Specified Factory within the Specified Region.
Article 12 Restrictions on Discharge of Effluents
1. A person who discharges effluent shall not discharge effluent which does
not satisfy the Effluent Standards at the point
of discharge from the Specified
Factory.
2. The provisions of the preceding Paragraph shall not apply to the water discharged from a factory or an establishment which has a newly designated Specified Facility (including a facility under construction) for six months (or one year for a facility specified by Cabinet Order) after its designation; however this grace period shall not be applied in the case where the factory or the establishment was already a Specified Factory at the time of the designation and in the case where the existing regulations of the Local Government concerned have a similar provision to that of the preceding Paragraph (excluding in a case where there are no penal provisions for the infringement).
3. The provisions of Paragraph 1 shall not apply to the person who has actually installed the facility in the Specified Region when the facility in Paragraph 1 became the Specified Facility in Specified Region (including the person who undertook the construction work thereof, hereinafter the same) or the effluent discharged from the factory or the establishment that have the said facility installed of the person who actually has the Specified Facility in the Specified Region when the area in Paragraph 1 became the Specified Region, for 1 year (3 years in the case where the said facility is the facility subject to the Cabinet Order) from the day when the said facility became the Specified Facility in the Specified Region or from the day when the said area became the Specified Region. Except that the said factory or the establishment was already the designated establishment when the said facility became the Specified Facility in the Specified Region, and when there are provisions of ordinance of the local body applicable to the person that are similar to the provisions of Paragraph 1 (except where no penal provisions for violation of the said provisions).
Article 12-2 Obligation to Observe Total Pollutant load Regulation
Standards
A person who has set up a Specified Factory within a Specified Region shall
observe the total pollutant load regulation standards.
Article 12-3 Restrictions on Permeation of Specified Percolated Water
A person who discharges Effluents from a Specified Factory using harmful substances
(including a person who permeates Specified
Permeation Water) shall not permeate
Specified Permeation Water subject to the conditions provided for in the Order
of the
Prime Minister's Office in Article 8.
Article 13 Order for Improvement, etc.
1. The governor of a prefecture may, when he acknowledges a danger of there
being discharged Effluent which does not satisfy
the Effluent Standards at the
point of discharge from the Specified Factory concerned, order the person who
discharges the
Effluents to improve the Structure or the method of use of the
facility or the method of treatment of the polluted water, setting
a period
for compliance, or to discontinue temporarily the use of the Specified Facility
or the discharge of Effluents.
2. The provisions of Article 12, Paragraph 2 and Paragraph 3 shall apply mutatis mutandis to the order referred to in the preceding Paragraph.
3. The governor of a prefecture may, when he acknowledges a danger of there being discharged effluents whose Pollutant load does not satisfy the total pollutant load regulation standards, order the person who has set up the Specified Factories within a Specified Region from which the Effluents concerned originate to improve the method of treatment of polluted water or wastewater at the Specified Factory within the region concerned or to take such other measures as are necessary, setting a period for compliance.
4. The provisions of the preceding Paragraph shall not apply with respect to a factory or establishment which has newly come to be a Specified Factory within Specified Region because of a revision of the Cabinet Order specifying facilities mentioned in Article 2, Paragraph 2 or Paragraph 3, the Cabinet Order specifying regions mentioned in Article 4-2, Paragraph 1 or the Order of the Prime Minister's office specifying scale mentioned in Article 4-5, Paragraph 1 for a period of six month after the day on which the factory or establishment concerned came to be a Specified Factory within a Specified Region.
Article 13-2
1. The governor of a prefecture may, when he recognizes a person who is subject
to Article 12-3 is in danger of percolating
Specified Underground Permeation
Water relevant to conditions stipulated by the Order of the Prime Minister's
Office provided
for in Article 8, order such person to improve the structure,
or the method of use or the method of treatment of polluted water,
etc., of
the Specified Facility (excluding a Specified Facility in Designated Area; the
same hereinafter in this Article) setting
a period for compliance, or to order
suspension of use of the Specified Facility or permeation of the Specified Underground
Perco1ated Water.
2. The provisions of the preceding Paragraph shall not be applicable for a period of 6 months after the said Facility has become a Specified Facility (one year in a case where the said Facility is a Facility stipulated by Order of the prime Minister's Office) in respect of percolated water from the factory or establishment containing the said facility which is containing polluted water, etc., (inclusive of treated water), related to the said facility of a person who has actually installed the said Facility (including a facility under construction) when the Facility referred to in Paragraph 1 has become a Specified Facility. Provided, however, that if the said polluted water had been already Specified Underground Percolated Water when the said facility became a Specified Facility and if there is an ordinance of a local government that is applicable to that water which corresponds to the provisions of the said Paragraph (exclusive of when there is no penal provision for acts violating the orders of the said provisions), shall be excepted.
Article 13-3 Guidance, etc.
As with respect to a person who does not discharge effluents from a Specified
Factory within a Specified Region but who discharges
polluted water, wastewater
or any other substance which causes an increase in the pollutant load into the
Public Water Areas
of the Specified Region, the governor of the prefecture may,
for the purpose of carrying but the Plan for Reduction of Tota1 Pollution
Load,
give such person such guidance, recommendation or advice as may be required.
Article 14 Measurement of State of Pollution of Effluent, etc.
1. A person who discharges Effluents or permeates of Specified Percolated Water
shall measure the pollution level of the said
effluents or Specified Permeation
Water and keep records of the measured, findings in accordance with what is
stipulated by
Order of the Prime Minister's Office.
2. A person who discharges Effluents from a Specified Factory within a Specified Region to which total pollutant load regulation standards apply shall, in accordance with what is prescribed by Order of the Prime Minister's Office, measure the pollutant load of the effluents concerned and keep records of the measured findings.
3. A person who has set up a Specified Factory within a Specified Region mentioned in the preceding Paragraph shall, in advance, in accordance with what is prescribed by Order of the Prime minister's Office, report his method of measuring the pollutant load to the governor of the prefecture. The same shall apply when a method once reported is to be changed.
4. A person who discharges Effluents shall take an appropriate method of discharging the effluents, such as the location of the point of discharge of the said Specified Factory, taking into consideration the condition of the water quality in the Public Water Area concerned.
Article 14-2 Measures to be Taken in Case of an Accident
1. A person who bas set up a Specified Factory shall, when an accident such
as damage to Specified Facility occurs and it is
feared that polluted water
containing harmful substances or oils might be discharged from the said Specified
Factory into the
Public Water Area or percolated into the ground thereby causing
damage to human health or the living environment immediately take
emergency
measures to prevent subsequent discharge or permeation of polluted water containing
harmful substances or oils and
shall, without delay, report to the governor
of the prefecture a summary of the conditions of the accident and measures taken.
2. A person who has set up a factory or establishment other than a Specified Factory, having oil storage facilities, etc. (hereinafter referred to as "Oil Storage Factory, etc." in this Article), shall, when an accident occurs in the said oil storage Factory, etc., such as damage to the oil storage facilities, etc., and it is feared that polluted water containing oils might be discharged into the Public Water Area from the said oil storage Factories, etc. or percolated into ground thereby causing damage to the living environment immediately take emergency measures to prevent subsequent discharges or permeation into the ground of polluted water containing oils and report to the governor of the prefecture a summary of the conditions of the accident and measures taken without delay.
3. The governor of the prefecture may, when he recognizes that a person who has set up a Specified Facility or a person who has set up oil storage Factory, etc. has not taken the emergency measures referred to in the preceding two Paragraphs, order that person to take emergency measures as provided for in these provisions.
Article 14-3 Order to Take Measures, etc., Related to Purification
of Water Quality of Ground Water
1. The governor of the prefecture may, when he recognizes -that damage has actually
occurred to human health or is feared to
occur because polluted water containing
substances regarded as being harmful has percolated into ground at a Specified
Factory,
order the person who has set up the said specified Factory (including
a person who has become a successor by inheritance or merger)
to take measures
to improve the quality of the groundwater to the extent of rectifying such damage
as provided for the in the
Order of the Prime Minister's Office, giving a reasonable
time limit to do so. Except however, where the person shall be different
from
the one who was the Owner of the said Specified Factory when the said permeation
occurred.
In a case as stipulated in the text of the preceding Paragraph, the governor of the prefecture may take actions as provided for in the said Paragraph against the person who was the owner of the said Specified Factory when the said permeation occurred (including a person who has become successor by inheritance or merger).
2. A person who has set up a Specified Factory (including Person who has obtained the Specified Factory or its site by transfer or has taken it on by lease or has obtained it by inheritance or merger) shall, when he has received an order as provided for in the preceding paragraph, in respect of the said Specified Factory, cooperate with the action needed in accordance with the said order.
Article 14-4 Responsibilities of National and Local Governments
1. Cities, towns and villages (including special wards; hereinafter the same)
shall make best endeavors to implement measures,
including provision of necessary
facilities to reduce the pollutant load on water in Public Water Areas due to
discharge of
domestic wastewater (hereinafter referred to as , "Domestic
Wastewater Treatment Facilities"), fostering instructors
who are, to engage
in the enlightenment of measures for domestic wastewater and other pleasure
in respect to domestic wastewater,
as measures to prevent water pollution in
Public Water Areas due to discharge of domestic wastewater (hereinafter referred
to as . "Measures for Domestic Wastewater").
2. The prefectural governments shall make their endeavors to comprehensively adjust implementation of measures over a wide area in respect of domestic wastewater.
3. The national government shall make its best endeavors to disseminate knowledge concerning water pollution in Public Water Areas due to discharge of domestic wastewater as well as render necessary technical and financial assistance to promote measures with respect to domestic wastewater implemented by local governments.
Article 14-5 Responsibilities of Citizens
Citizens shall make their best endeavors to properly dispose of cooking rubbish,
waste cooking oil, etc., and properly use cleansers,
etc., to implementation
of measures for domestic wastewater by the national or local governments.
Article 14-6 Efforts by those who Discharge Domestic Wastewater
Those who discharge domestic wastewater shall, except where they are required
to take measures to treat domestic wastewater
in accordance with the provisions
of the to take measures to treat domestic wastewater in accordance with the
provisions of
the Sewerage Law and other laws, make endeavors to develop facilities
to reduce the pollutant load on water in Public Water Areas
due to domestic
wastewater.
Article 14-7 Designation of Important Areas for Domestic Wastewater
Measures, etc.
1. The Governors of the prefectures shall, when they recognize that it is particularly
necessary to promote implementation of
measures for domestic wastewater to prevent
water pollution in the following Public Water Areas due to discharge of domestic
wastewater, designate important areas for domestic wastewater measures in the
areas of pertinent cities, towns or villages related
to the water pollution
of the pertinent Public Water Area:
(1) Public Water Areas where environmental water quality standards have not actually been secured or there is considerable fear that the said standards will not be met;
(2) Other than stipulated in the preceding Sub-paragraph, Public Water Areas where it is particularly important to aim at preserving water quality in the light of natural and social conditions where water pollution is occurring or there is considerable fear that water pollution will occur.
2. The Governors of the prefectures shall, when they are to designate an important area for domestic wastewater measures, hear opinions of mayors of cities, towns or villages concerned in advance.
3. In a case where the Public Water Area subject to designation as an important area for domestic wastewater measures extends into areas in other prefectures to the effect that he intends to designate it.
4. The governor of the prefecture shall, when he has designated an important area for domestic wastewater measures, publicly announce it and at the same time notify cities, towns and villages which include the said important area for domestic wastewater measures (hereinafter referred to as "Cities, Towns and Villages for Promotion of Domestic Wastewater Measures") of the effect.
5. The provisions of the preceding three Paragraphs shall apply correspondingly to changes in important areas for domestic wastewater measures.
Article 14-8 Drawing up of Promotion Plan for Domestic Wastewater Measures,
etc.
1. Cities, towns and villages for the promotion of domestic wastewater measures
shall draw up a plan for promotion of implementation
of measures for domestic
wastewater in an important area for domestic wastewater measures (hereinafter
referred to as "Plan
for Promotion of Implementation of Domestic Wastewater
Measures").
2. In the plan for promotion of implementation of domestic wastewater measures, the following matters shall be stipulated:
(1) Basic policy concerning promotion of implementation of domestic wastewater measures
(2) Matters concerning development of treatment facilities for domestic wastewater
(3) Matters concerning education with respect to domestic wastewater measures
(4) Other necessary matters concerning promotion of implementation of domestic wastewater measures
3. When cities, towns and villages for promotion of domestic wastewater measures draw up plans for the promotion of domestic wastewater measures, they shall maintain close liaison with other cities, towns and villages for promotion of domestic wastewater measures in the pertinent area for domestic wastewater measures.
4. When cities, towns and villages for promotion of domestic wastewater measures draw up plans for promotion of domestic wastewater measures, they shall notify the governor of the prefecture who has designated the important area for domestic wastewater measures in advance.
5. The governor of a prefecture who has been notified as referred to in the preceding Paragraph may advise the pertinent cities, towns and villages concerning the promotion of domestic wastewater measures and, if the governor recognizes that it is particularly necessary for their promotion, render recommendations to them.
6. Cities, towns and villages for promotion of domestic wastewater measures shall, when they have developed a plan for promotion of domestic wastewater measures, publicly announce its contents.
7. The provisions of Paragraphs 3 to the preceding Paragraph shall correspondingly apply to changes in the plan for promotion of domestic wastewater measures.
Article 14-9 Promotion of Plan for Promotion of Domestic Wastewater
Measures
Cities, towns and villages for promotion of domestic wastewater measures shall
endeavor to take any action necessary to implement
the domestic wastewater measures,
including development of treatment facilities for domestic wastewater, education
in respect
to measures for domestic wastewater, etc., in accordance with basic
policy concerning the promotion of implementation of domestic
wastewater measures
as stipulated in the plan for promotion of domestic wastewater measures while
maintaining close liaison
with other cities, towns and villages in the pertinent
area for promotion of domestic wastewater measures.
Article 14-10 Guidance, etc.
The mayors of cities, towns and villages for promotion of domestic wastewater
measures may, when they recognize that it is necessary
to promote the plan for
promotion of domestic wastewater measures, give guidance, advice and make recommendations
to those
who discharge domestic wastewater in the important area of domestic
wastewater measures.
Article 16 Measurement Program
1. The governor of a prefecture shall after consulting with the chiefs of the
local offices of national administrative organs,
establish - a program for the
measurement of water quality in- the Public Water Area which belongs to the
prefecture (hereinafter
referred to as the "Measurement Program").
2. The Measurement Program shall provide, with regard to the measurements conducted by the national or local government as to the water quality in the public Water Area, for the matters to be measured, the station and method of measurement and other necessary items.
3. The Director General of the Environment Agency may, in 6rder to totally grasp the Pollutant load of the water flowing into each Specified Water Area indicate matters separately for each Specified Water Area with which the governors of the prefectures are to comply in the formulation of the Measurement Program.
4. The national or local government shall measure the water quality in the Public Water Area in compliance with the Measurement Program, and report the findings of the measurement to the governor of the prefecture.
Article 16-2 Cooperation to Measurement
The mayor of the local body may ask for cooperation from the person who has
installed a well in measurement of groundwater quality
when he recognizes that
it is necessary for measurement of groundwater quality as provided for in Paragraph
4 of the preceding
Article.
Article 17 Publication
The governor of the prefecture shall publicly announce the state of water quality
in the Public Water Areas and groundwater
in the area within the prefecture.
Article 18 Emergency Measures
The governor of the prefecture may, in a case where the water pollution in the
Public Water Area within the prefecture, caused
by an extraordinary shortage
of water or other similar situations, becomes so serious as to pose that to
human health or the
living environment as stipulated by Cabinet Order, make
the public aware of it and order, in compliance with what is stipulated
by .
Order of the Prime Minister's Office, persons who discharge effluents into the
Public Water Area concerned, in which the
above mentioned conditions has occurred,
to reduce effluents for a specified period or to take other necessary measures.
Article 19 Absolute Liability
1. In cases where human life or health is damaged by the harmful substances
in the polluted water or wastewater discharged (including
underground percolation;
the same hereinafter in this Chapter) from factories or other establishments
as a result of industrial
activities the enterpriser is liable for compensating
the damage caused thereby.
2. In cases where any substance is newly designated as a harmful substance, the preceding Paragraph shall apply to the damage caused by the discharge of the substance on or from the day of its designation.
Article 20
In cases where the damage provided for in Paragraph 1 of the preceding Article
is caused by more than two enterprisers discharge
of harmful substances in the
polluted water or wastewater and where Article 719 Paragraph 1 of Civil Law
(Law No.89 of l 896)
is applicable to the liability for compensation for the
damage, the Court may take the circumstances into consideration in deciding
the sum of compensation to be paid by the enterpriser whose contribution to
the damage is deemed markedly slight.
Article 20-2 Consideration for Compensation
When a natural disaster or any other force majeure is concurrently attributable
to the occurrence of the damage provided for
in Article 19 Paragraph 1 , the
Court may take such circumstances into consideration in determining the extent
of liability
and the sum of compensation.
Article 20-3 Extinctive Prescription
The right to claim the compensation provided for in Article 19, Paragraph 1
shall lapse by prescription if the right is not
exercised within three years
after the time when the injured party or his legal representative carne to know
of the damage
and the person liable for such damage. The same shall apply if
twenty years have passed from the time when the damage occurred.
Article 20-4 Application of Other Laws
If the Mining Law (Law No. 289 of 1950) or the Coal Washing Law (Law No. 134
of 1958) is applicable to the liability for compensation
for the damage provided
for in Article 19 Paragraph 1, the said Law shall apply thereto.
Article 20-5 Exemption
The provisions in this Chapter shall not apply to causes of injury, disease
or death of the employee of the enterpriser caused
by work of which he is in
charge.
Article 21 Investigation and Deliberation, etc. by the Prefectural
Council on Environmental Pollution Control
1. The Prefectural Council on Environmental Pollution Control may, at the request
of the prefectural governor, investigate and
deliberate important matters concerning
the prevention of water pollution in Public Water Areas and/or groundwater belonging
to the prefecture and state its opinion to the governor.
2. Related to the preceding paragraph, special regulations shall established concerning the organization and operation of the Prefectural Council on Environmental Pollution Control necessary to implement the duties defined in the preceding paragraph by the regional orders as specified in Article 43, Paragraph 2 in accordance with the standards stipulated by the Cabinet Order.
Article 22 Report and Inspection
1. The governor of a prefecture may in accordance with the cabinet order, call
for a report from a person who has set up or
who is the owner of a Specified
Facility concerning the condition of the Specified Facility, the method of treatment
of polluted
water, etc., and other necessary matters, within the limits required
for the implementation of this Law; or may have his officials
enter the Specified
Factory and inspect the Specified Facility or other related matters.
2. The governor of a prefecture may, provided that they are necessary for enforcing this Law, demand of a person who discharges polluted water, wastewater or any other substance which causes an increase in the Pollutant load into Public Water Areas in connection with his business activities and who is designated by Cabinet Order (exclusive of a person who discharges Effluents) a report on the method of treatment of the polluted water, wastewater, etc. and any other required matters.
3. An official who performs an inspection in compliance with the provision of Paragraph 1 shall carry a certificate identifying himself and shall present it to the persons concerned.
4. The authority to conduct an inspection as provided in the Paragraph 1 shall not be construed as being that for criminal investigation.
Article 23 Exemption from the Application of this Law, etc.
1. The provisions of this Law shall not apply to water pollution caused by radioactive
substances or to its prevention.
2. As regards the persons listed in the left column of the table below, provisions in the right column shall not apply in respect of factories or facilities listed in the middle column and they shall be subject to the pertinent provisions of the Mine Safety Law (Law No.70 of 1949), the Electric Utility Law (Law No.70 of 1964) or the Law Relating to the Prevention of Maine Pollution and Maritime Disasters (Law No.136 of 1970).
| 1. Persons who discharge Effluents or permeate Specified Underground Percolated Water from Mines as provided for in Article 2 Paragraph 2 of the Mine Safety Law Specifying Facilities which are structures, fixtures and other facilities as provided for in Article 8, Paragraph 1 of the Mine Safety Law (hereinafter referred to as "Mine Facilities"). | Pertinent Mine | Articles 5 to 11; Article13, Paragraphs1 and 3; Article13-2, Paragraph1; Article 14 Paragraph 3; Article14-2, Paragraphs1 and 3; and Article14-3, Paragraphs1 and 3 |
| 2. Persons who have set up a Mine (exclusive of mines referred to in Item 1 above) which has oil storage facilities etc, which are Mine Safety Law. | Pertinent Mine | Article 14-2 |
| 3. Persons who discharge Effluent or permeate Specified Underground Percolated Water from a Factory or Establishment having a Specified Facility which is an electric structure as provided for in Article 2, Paragraph 1, Sub-paragraph 12 of the Electric Utility Law (hereinafter referred to as an "Electric Structure") | Pertinent Specified Facility | Articles 5 to 11; Article 13, Paragraph 1 and 3; Article13-2, Paragraph1; Article14, Paragraph3; Article 14-2, Paragraphs 1 and 3; and Article 14-3, Paragraphs1 and 2 |
| 4. persons who have set up a factory or establishment having oil storage Facilities, etc., which are electric structures. | Pertinent Oil Storage Facilities, etc | Article 14-2 |
| 5. Persons who discharge Effluent or permeate Specified Underground Percolated Water from a factory or establishment with a Specified Facility which is a waste oil treatment facility as provided for in Article 3, Item 14 of the law relating to the Prevention of Maine Pollution and Maritime Disaster (hereinafter referred to as a "Waste Oil Treatment Facility") | Pertinent Specified Facility | Articles5 to 11: Article13, Paragraphs1 and 3; Article13-2, Paragraph1; Article14, Paragraph3; and Article 14-2, Paragraphs 1 and 3 |
| 6. Persons who have set up a factory or establishment having an oil storage facility Storage Facilities, which is a Waste Oil Treatment Facility | Pertinent Oil Storage Facilities, etc. | Article 14-2 |
| 7. Persons who discharge Effluent or permeate Specified Underground Percolated Water from a factory or establishment having a specified Facility as a marine facility, etc., provided for in Article38 Paragraph 3 of the law relating to the Prevention of Marine Pollution and Maritime Disasters (occlusive of waste oil treatment Facility. | Pertinent Specified Facility | Article 14-2, Paragraphs1 and 3(Provisions of Paragraph 1 above shall apply only to the part concerning water containing oils) |
| 8. Persons who have set up a factory, or establishment having an oil storage facility etc., which is a marine facility. | Pertinent Oil Storage Facility, etc. | Article 14-2 |
3. The chief of the national administrative organs who has authority under Laws stated in the preceding Paragraph (hereinafter referred to as "Chief of Administrative Organs" in this Article) shall, whenever he received an application for approval or a report as to the Specified Facilities which are mentioned in the preceding Paragraph in accordance with the provisions of the Mine Safety Law or preceding Paragraph in accordance with the provisions of the Mine Safety Law or the Electrical Enterprise Law similar to those of Article5, Article7, Article10, Article11, Paragraph 3 or Article14, Paragraph 3 of this Law, notify the governor of the prefecture who has jurisdiction over the factories or establishments with Specified Facilities of the matters which are related to the report stipulated by the above-stated provisions of the matters related to application for approval or permission or report.
4. The governor of the Prefecture may, whenever he deems that the water pollution in the Public Water Areas or groundwater has been caused' by the Effluents or Specified Percolation Water from a Specified Facility referred to in Paragraph 2 and that there is a fear of damage to human health of the living environment, request the Chief of the Administrative Organ concerned to take measures under the provisions of the Marine Safety Law or the Electric Utility Law, which correspond to Article 8, Article8-2, Article13 Paragraph 1 or Paragraph3, Article13-2 Paragraph 1 or Article14-3 Paragraph 1 or Paragraph2 of this Law (or in the case of the provisions of the Law relating to the Prevention of Marine Pollution and Marine disaster, the provisions of the said Law that correspond to Article 8 or Article 8-2 of this Law).
5. The Chief of the Administrative Organ shall inform the governor of the prefecture of the measures which have been taken upon receiving a request as stated in the preceding Paragraph.
Article 24 Request for Data, etc.
1. The Director General of the Environment Agency may, when he deems it necessary
for the implementation of this Law, request
the Chief of the local government
concerned to offer necessary data or explanation.
2. The governor of a prefecture may, when he deems it necessary for the implementation of this Law, request the Chief of the Administrative Organ concerned or the chief of the local government concerned to offer necessary data and other cooperative measures, or may state his opinion on the prevention of water pollution in the Public Water Area.
3. The chief of the River Management Office prescribed by Article7 of the River Law (Law No.167,of 1994), the chief of the Port and Harbor Management Office prescribed by Paragraph 1 of Article2 of the Port and Harbor Law ( Law No.128 of 1950), and other persons prescribed by Cabinet Order that manage the Public Water Areas, may, when they deem it necessary for the management of public waters, state their opinions to the governors of the prefectures concerned in respect to the prevention of water pollution in the Public Water Areas.
Article 25 State Assistance
1. The National Government shall, with a view to facilitating the control of
water pollution in the Public Water Area or groundwater,
make efforts to render
its aid in raising the necessary funds, its technical advice, etc., in respect
to the establishment
or improvement of the treatment' facilities of polluted
water, etc., in Specified Factories.
2. In taking the measures as stated in the preceding Paragraph, special consideration shall be paid to medium and small enterprises.
Article 26 Promotion of Research, etc.
The national government shall make efforts to promote study on treatment technology
of polluted water, etc., research on the
effect of polluted water, etc., on
human health or the living environment and other studies for the prevention
of water pollution
in the Public Water Areas or groundwater, and to disseminate
these results.
Article 27 Transitional Measure
In a case where any Order is enacted, revised or abolished in compliance with
the provisions of this Law, the necessary transitional
measures (including these
related to the penal provisions) may be included in the above mentioned Order
as far as it is thought
to be reasonably necessary for such an enactment revision,
or abolition of the Order.
Article 28 Delegation of work, etc.
1. The Work which comes under the authority of the governors of the prefectures
in respect of the provision of this Law (excluding
those provided for in Article
4-3 Paragraph 1, Article4-5 Paragraphs 1 and 2, Article14-7 Paragraph 1, Article14-8
Paragraph
1, and Article16 Paragraph 1) may be included, in accordance with
what is stimulated by Cabinet Order, to the mayors of cities.
2. The city chiefs designated by the Cabinet Order mentioned in the preceding Paragraph shall notify the governors of the prefectures of such matters, necessary for the enforcement of this Law as are specified by Order of the Prime Minister's Office.
Article 29 Relationship with Regulation
The provisions of this Law shall not prevent the local government from providing,
by their ordinance, necessary control on the
following matters:
1. Matters concerning pollution condition of water (except pollution due to
toxic substances) other than pollution condition of
water by items as provided
for in Article2, Paragraph2, Item3.
2. Matters concerning pollution condition of water other than pollution condition
of water due to toxic substances, of the designated
percolation water into ground.
3. Matters concerning pollution condition due to toxic substances and shown
my items as provided for in Article2, Paragraph
2, Item 2 of effluent discharged
into the public water area from the factory or the establishment other than
the specified
Establishment.
4. Maters concerning pollution condition of water due to toxic substances of
percolated water into ground from the factory or
the establishment other than
the designated establishment.
Article 30
Any person who violates the orders issued under the provisions of Article8,
Article 8-2, Article13 Paragraph 1 or Paragraph
3, Article13-2 Paragraph 1,
or Article14-3 Paragraph 1 or Paragraph 2 shall be liable to penal servitude
not exceeding one
year or to a fine not exceeding 1,000,000 yen.
Article 31
1. Any person who becomes subject to any one of the following items shall be
liable to penal servitude not exceeding six months
or to a fine not extending
500.000 yen:
(1) A person who violates the provisions of Article12 Paragraph 1:
(2) A person who violates an order issued under the provisions of Article 14-2 Paragraph 3 or Article 18.
2. Any person who commits a crime referred to in the preceding Sub-paragraph (1) through negligence shall be liable to imprisonment not exceeding three months or to a fine not exceeding 300.000 yen.
Article 32
Any person who fails to submit a report or who makes a false report under the
provisions of Article 5 or Article 7 shall be
liable to penal servitude not
exceeding three months or to a fine not exceeding 300,000 yen.
Article 33
Any person who becomes subject to any one of the following sub-paragraphs shall
be liable to a fine not exceeding 200,000 yen:
(1) Any person who fails to submit a report or who makes a false report under the provisions of Article 6;
(2) Any person who violates the provision of Article 9, Paragraph 1;
(3) Any person who fails to keep records or who keeps false records under the provisions of Article 14, Paragraph 2;
(4) Any person who fails to submit a report or who makes a false report under the provision of Article 22, Paragraph 1 or Paragraph 2 or any person who refuses, prevents or evades inspection under the provisions of Paragraph 1 of the same Article.
Article 34
When a representative of a juridical person or an agent or a worker or any other
employee of a juridical person or of a natural
person commits any of the violations
mentioned in the four preceding Articles in connection with the business of
such juridical
person or natural person, the person who committed the act shall
be punished and, in addition, the fine prescribed in each of
the relevant Articles
shall be imposed on such juridical person or natural person.
Article 35
Any person who fails to submit a report or makes a false report under the provisions
of Article 10, Article 11 Paragraph 3,
or Article 14 Paragraph 3 shall be liable
to a fine not exceeding 100,000 yen.
Article 1 Date of Enforcement
Enforcement of this Law shall be from April 1997.
Article 2 Progress Measure
Of the permeation to ground of water containing substances which are pertinent
to harmful substances from a Specified Facility,
those which occurred before
the date of enforcement of this Law shall not be subject to application of the
provisions of amended
Article 14-3 Paragraph 1 and 2, except where the person
who has set up the said Specified Factory at the time of permeation (including
a person who has succeeded the position by inheritance or merger) has continuously
been the owner of the said Specified Factory
until the date of enforcement of
this Law.
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