||Basic Direction for Promoting Removal of Environmental Problems Caused
by Specified Industrial Wastes
- Concerning cases that caused or are expected to cause problems in the living environment as a result of inappropriate disposal of industrial wastes (specified industrial wastes) before the enforcement of the 1997 Waste Management and Public Cleansing Law, efforts shall be made to solve problems systematically and steadily within the period of the next 10 years.
- Prefectural governments should conduct research to find out the conditions of specified industrial wastes, and when they find such cases that are deemed to require the removal of problems, they are to issue an order for action in accordance with the Waste Management and Public Cleansing Law. If the problems are not removed despite these actions, the authorities should formulate implementation plans based on the Specified Industrial Wastes Special Measures Law and carry out specified problem removal programs.
- For those who commit inappropriate disposal of industrial wastes and for those who failed to dutifully ensure the appropriate disposal of wastes, an order for action should be issued in accordance with the Waste Management and Public Cleansing Law to make violators take actions to remove the resulting problems.
||Details of Specified Problems Removal Program and Other Measures concerning Removal of Environmental Problems Caused by Specified Industrial Wastes
<Matters concerning the cases that are deemed to require the removal of specified problems>
- For cases in which prefectural governments themselves need to remove specified problems, they should formulate an implementation plan. When doing so, they should clarify both the details of the problem that affects the surrounding living environment, and the goals that should be attained from the perspective of conserving the living environment.
<Matters concerning the implementation of specified problem removal programs>
- Programs should be conducted within the scope covered by the order for action.
- The kinds and amounts of specified industrial wastes should be clarified. The same should also be clarified for specially controlled industrial wastes and other wastes that have similar properties (hazardous industrial wastes).
- In the implementation of the programs, the most appropriate methods should be employed in terms of efficiency, duration of time and cost by considering the types and properties of the specified industrial wastes involved, as well as social and geological conditions where the problems occur.
- The cost of implementing specified problem removal programs and the amount of money to be collected from those who disposed of wastes inappropriately should be clarified in advance.
- Concerning the contribution from the national government, which is made through the Center for Promoting Appropriate Disposal of Industrial Wastes, the amount should be half of the cost necessary in cases involving the disposal of hazardous industrial wastes, and one third of the cost necessary in cases involving wastes other than hazardous industrial wastes. As for the cost of building facilities and other necessary equipment to protect the living environment, the amount of government contribution should be determined by calculating the costs based on the proportion of the amounts of hazardous industrial wastes to other wastes.
- The amount of money that local governments should shoulder, which becomes a basis for calculating the issuance of local government bonds, should be set by deducting the national government's contribution, and the fees to be collected from the person(s) committing inappropriate disposal of industrial wastes from the total cost necessary to carry out specified problem removal programs.
<Measures against person(s) who disposed of specified industrial wastes>
- Concerning cases in which specified problem removal programs are implemented, prefectural governments should examine with academics, experts and other third parties regarding the following matters and should announce these findings to the public: time when the prefectural government identified specified industrial wastes; time when local residents provided information; status of measures taken based on the Waste Management and Public Cleansing Law, such as requests for reports, on-site inspection and order for action; measures already implemented or to be implemented in the future, and organization structures that carry out such measures. The responsibilities of organizations or individuals that became known as a result of examination with third parties, and measures taken in regard to those responsible should also be announced.
- Even if specified problem removal programs are to be conducted, issuing an order for action and collecting the fees necessary to carry out the programs from those who committed the inappropriate disposal of industrial wastes should be pursued.
- Specific measures for preventing a recurrence of inappropriate disposal of industrial wastes should be announced.
||Other Important Matters to Consider When Promoting the Removal of Environmental Problems Caused by Specified Industrial Wastes
- Consideration must be given to employ specific environmental conservation measures, so as not to cause an adverse effect on the living environment when carrying out the programs. Monitoring of the surrounding living environment should be conducted systematically and its results should be announced.
- The responsibilities of individuals and business operators who committed inappropriate disposal should be identified jointly by the prefectural governments where the offenders reside or are located, and where the specified industrial wastes exist.
- The national government should investigate how prefectural governments are making and carrying out implementation plans and should announce the findings to the public. It should also give advice and support to prefectural governments so as to facilitate the implementation of specified problem removal programs.
- When formulating implementation plans, prefectural governments should provide enough information to and gather opinions from municipal authorities and local residents regarding the contents of the programs, methods of disposal, and measures for protecting the surrounding environment. During the process of carrying out programs, the progress of the programs and information regarding disposal should be announced to the public.
- Implementation plans should be revised when any changes occur in locations, methods and costs of specified problem removal programs.