Laws :Water & Soil & Ground Environment

Water Pollution Control Law_Chapter II-1

Chapter II :
1.REGULATION OF DISCHARGE OF EFFLUENT, ETC.

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.

  • "Ordinance of the Prime Minister's Office" = Ordinance of the Prime Minister's Office stipulating effluent standards.
  • "Cabinet Order" = Order 4
  • "Ordinance" = Self-government 2 II III - 14

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.

"Scale" as stipulated by Order of the Prime Minister's Office referred to in Paragraph 1 = Regulation 1 of 4
"Total Pollutant Load Regulation Standards" stipulated by Order of the Prime Minister's Office = Regulation 1 of 5, I, III, IV
"Order of the Prime Minister's Office" referred to in Paragraph 2, = Regulation 1 of 5, II, III, IV


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.
  • "Order of the Prime Minister's Office" referred to in the text of Paragraph 1 = Regulation 3, III, IV
  • "Order of the Prime Minister's Office" = Regulation 3, I
  • "Order of the Prime Minister's Office of Sub-paragraph (8) = Regulation 3, II
  • Number of copies of the report to be submitted = Regulation 2
    Acceptance document= Regulation 6
  • Penal Provisions = Law 32, 34

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.

  • "Order of the Prime Minister's Office" of Sub-paragraph (1) = Regulation 4, I, III
  • "Order of the prime Minister's Office" of Sub-paragraph (3) = Regulation 4, II, III
  • Number of copies of the report to be submitted = Regulation 2
    Penal provisions = Law 33, I , Law 34

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.

  • "Order of the Prime Minister's Office" = Regulation 5
  • Number of copies of the report to be submitted = Regulation 2
    Acceptance document = Regulation 6
  • Penal provisions = Law 32 ,34

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.

  • "Order of the Prime Minister's Office" = Regulation 2 of 6
    Penal provisions = Law 30 - 34

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.

  • Penal provisions = Law 30-34

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.

  • Penal provisions = Law 32-2 - 34

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.

  • "Report on Change in Name of Person, etc." = Regulation 7
  • Number of copies of the report to be submitted = Regulation 2
    Penal provisions = Law 35

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.

  • Report on inheritance = Regulation 8
  • Number of copies of the report to be submitted = Regulation 2
    Penal provisions = Law 35

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).

  • "Order of the Prime Minister's Office" of Paragraph 2 = Order 5 Penal provisions = Law 31-1 , I, II , Law 34

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.

  • Penal provisions= Law30-34

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.

  • Penal provisions = Law 30 - 34

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.

  • "Order of the Prime Minister's Office" of Paragraph 1 = Regulation 9
  • "Order of the Prime Minister's Office" of Paragraph 2 = Regulation 2I of 9
  • "Order of the Prime Minister's Office" of Paragraph 3 = Regulation 2II of 9
  • Number of copies of the report to be submitted = Regulation 2
    Penal provisions = Law 33-3, 34, 35

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.

  • Penal provisions = Law31, I, 2, 34

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