Laws :Water & Soil & Ground Environment

Water Pollution Control Law_Chapter V

Chapter V :MISCELLANEOUS PROVISIONS

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.

  • Order of the Prime Minister's Office = Ordinance 7

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.

  • "Cabinet Order" = Order 10
  • "Order of the Prime Minister's Office" = Regulation 12

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.

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