September 25, 2003
The Cabinet is expected to decide on the Cabinet Ordinance Partially Amending the Enforcement Ordinance of the Waste Management and Public Cleansing Law in its meeting on September 26, 2003.
In line with enforcement of the Law Partially Amending the Waste Management and Public Cleansing Law (Law No. 93 of 2003) approved in the 156th ordinary Diet session, the cabinet ordinance specifies criteria required in case any businesses consign the transport, management and recycling of municipal solid waste* to a third party, and also specifies necessary conditions including certification requirements for cross-jurisdictional waste management. The gist of the cabinet ordinance is as follows. (Article numbers in parentheses indicate the ones of the amended enforcement ordinance.)
|1.||Criteria required in case a business commissions treatment of municipal solid waste to a third party (In relation to Article 4-4)
|The ordinance sets forth that when a business commissions the treatment of municipal solid waste to a third party, it shall choose a party that is capable of carrying out the municipal solid waste treatment and whose business line covers such service.
|2.||Employees specified in the Cabinet Ordinance under Article 7, Para. 5, Sub-para. 4, Clause F of the Law (disqualification condition added thereto under the partial amendment of the Law) (In relation to Article 4-7)
|The ordinance specifies persons who are equal to the ones specified in Article 7, Para. 5, Sub-para. 4, Clauses I and J of the Law, including representatives of main office and branch offices, as the employees of a legal person and/or an individual person who has submitted the notice of closedown of its business to the competent authority between the date received a hearing notice concerning the revocation of permission of such business and the date of such decision thereof, but five years after such submission have not elapsed, who fall under any of the disqualification conditions, whereupon a permission of the municipal solid waste management service shall be dismissed by the government authority concerned.
|3.||Requirements specified in the Cabinet Ordinance concerning the certification of cross-jurisdictional waste management by the Minister of the Environment (Articles 9-9, Para.1 and Article 15-4-3, Para. 1 of the Law) for waste management service not requiring a permit (In relation to Articles 5-8 to 5-10 and Article 7-5)
In regard to the certification of cross-jurisdictional waste management service not requiring a permit:
|(i)||Except when making minor modifications or alterations as prescribed in an ordinance of the Ministry of the Environment, the certified party must obtain permission from the Minister of the Environment when making modifications or alterations to how to treat, personnel in charge or who will be in charge of treatment, or the actual facility where the wastes subject to cross-jurisdictional waste management is processed.|
|(ii)||The Minister of the Environment must issue a certificate when certifying matters covered in Article 9-9, Para.1 and/or Article 15-4-3, Para. 1 of the Law (including authorization of the changes described in (i) above).|
|(iii)||The certified party must notify the Minister of the Environment when making minor modifications or alterations described in (i) above, or when completely discontinuing the certified operation, etc.
|4.||Maximum storage limit for industrial waste treatment facilities (In relation to Article 6, Para.1, Sub-para. 2, Clause B (3) and Article 6-5, Para.1, Sub-para. 2, Clause H (3))
|In the provision prescribing the maximum storage limit of industrial waste in the industrial waste treatment standard, it is prohibited to store an amount of industrial waste exceeding the maximum limit of storage. For industrial waste treatment facilities that also treat waste specified in an ordinance of the Ministry of the Environment as municipal solid waste which has the nature and property equal or similar to the industrial waste, the total amount of waste in storage must be the amount of industrial and specified municipal solid wastes.
The ordinance will be promulgated on October 1, 2003. The revised Law and the ordinance will enter into force on December 1, 2003.
* Waste Management and Public Cleansing Law divides waste broadly into industrial waste - 20 kinds of waste generated from business activities such as cinders, sludge, and waste oil - and municipal solid waste, which refers to all other wastes. Municipal solid waste is further divided into refuse and night soil. Refuse is further divided into business waste generated from business activities at stores, offices, restaurants, etc. and household waste generated from daily activities of household.