November 28, 2003
The Ministerial Ordinance Partially Amending the Enforcement Regulation of the Waste Management and Public Cleansing Law will be put into effect on December 1, 2003.
In line with the 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 in 2003, and of the Cabinet Ordinance Partially Amending the Enforcement Ordinance of the Waste Management and Public Cleansing Law (Cabinet Ordinance No. 449 of 2003) enacted following the approval of the Law, this Ministerial Ordinance prescribes the necessary procedures for business operators to follow in order to commission a third party to handle the transportation or disposal of municipal solid waste and the necessary procedures concerning the certification of cross-jurisdictional waste treatment.
Outline of the Amendment
(Articles provided below are those of the amended Waste Management and Public Cleansing Law and the Enforcement Ordinance of the Waste Management and Public Cleansing Law)
|1.||Matters concerning the commission of the treatment of municipal solid waste by business operators|
|(1)||Parties eligible for accepting commission of the treatment of municipal solid waste by business operators|
|Pursuant to Article 6-2, Para 6 of the Law, when commissioning a third party to handle the treatment of municipal solid waste, a business operator shall use a party that is certified as a municipal solid waste treatment business operator or those designated by the ministerial ordinance.
The parties designated by the ministerial ordinance include those that conduct a business solely for municipal solid waste treatment, with the exclusive purposes of recycling and reuse, and those certified by the Minister of the Environment pursuant to Article 9-8 or Article 9-9 of the Law.
|(2)||Notification items when commissioning the treatment of municipal solid waste that requires special management|
|Pursuant to Article 6-2, Para. 7 of the Law, the standard has been established for commissioning a third party to handle the treatment of municipal solid waste by a business operator (Article 4-4 of the ordinance). The standard requires that when commissioning the treatment of municipal solid waste that requires special management, the business operator shall notify the commissioned party of matters specified by the ministerial ordinance.
These matters cover the kind, quantity, properties and the type of packing of municipal solid waste requiring special management, the treatment of which is being commissioned.
|2.||Matters concerning an exemption for the promotion of cross-jurisdictional waste treatment|
A certification system by the Minister of the Environment has been established pursuant to Article 9-9 and Article 15-4-3 of the Law to promote cross-jurisdictional waste treatment deemed conducive to the proper treatment of waste, including volume reduction of waste. The Law also provides that the ministerial ordinance defines the type of waste covered, the certification criteria, and application documents for this system, which are listed below. They have been established in line with the purpose of the special measure that exempts waste treatment business operators from repeating permission acquisition processes for the different local governments which are involved.
(1) Types of waste covered
- Waste that will not hinder conservation of the living environment due to being easily perishable or evaporative, or susceptible to other changes in property or form under regular transportation conditions.
- A post-consumer use product disposed of as waste and the proper treatment of which, such as volume reduction, is ensured by the fact that it is undertaken by the manufacturer of the product. The term manufacturer includes a third party commissioned by the manufacturer to carry out the treatment, which will also be referred to as "manufacturer."
(2) Certification criteria
- Standards for cross-jurisdictional treatment
- Waste treatment, by being conducted by the manufacturer, can ensure the proper treatment and disposal of waste, including its volume reduction.
- The business activities carried out by the waste treatment business operator (including a party carrying out waste treatment on commission) and the range of responsibilities of the operator are clearly defined.
- The applicant has set up a system in which the series of treatment processes are totally managed across-the-board by the applicant.
- Proper treatment of waste, including its volume reduction, is pursued by gathering waste from a wide area covering more than one prefecture.
- Waste that cannot be recycled is disposed of at a landfill site after heat recovery.
- Standards for the party carrying out or planning cross-jurisdictional treatment
- The party has the knowledge and skills to carry out the treatment properly.
- The party has a financial foundation to enable precise and continuous treatment.
- The party is not subject to any of the disqualification conditions for a waste treatment business operator.
- The party is not under penalties for violating the Waste Management and Public Cleansing Law, the Johkasoh* Law, or other laws and regulations for the conservation of the living environment, and if previously penalized, at least five years have passed since the day the penalty was received, etc.
* Johkasoh is an on-site treatment system of domestic wastewater.
- Standards for cross-jurisdictional treatment facilities
- The transportation facilities can prevent the scattering and outflow of waste, and the leakage of foul odor.
- The facility for treatment (including recycling) is appropriate for treating the type of waste for which the application is made, can operate steadily, and can be maintained and managed properly, etc.
|(3)||Documents required for submitting an application
Documents submitted at application shall include a business plan listing the types of waste to be treated, areas in which treatment will take place, name of the contractor carrying out treatment when such treatment is commissioned, etc. and other necessary documents to enable evaluation of fulfillment of the certification criteria stated in (2) above.
(4) Approval of changes
- Procedures for approving changes
When applying for approval to make a change, the applicant shall submit an application form containing the name of the applicant, address, name of the representative in the case of a legal person, and the details of and reason for the change, etc. The certificate and documents related to the application for change should also be attached.
- Minor changes not requiring the approval for change
All changes other than important changes that alter the nature of treatment shall be deemed minor changes, which do not require any approval.
|(5)||Issuance of the certificate
A certificate shall be issued with the name of the applicant (including the party carrying out treatment on commission) being awarded the certificate, address, name of the representative in the case of a legal person, the type of waste being treated, and the area where the treatment will be carried out, etc.
|(6)||Notification of discontinuance, etc.
Notification for making a minor change of or discontinuing the certified operation shall include, besides the name of the applicant, address, and the name of the representative in the case of a legal person, the details of the change and the scope of the operation discontinued. It shall be submitted to the Minister of the Environment within ten days of the change or discontinuance.
|3.||Matters concerning the exemption of a person establishing an industrial waste treatment facility from obtaining a permit for the establishment of a municipal solid waste treatment facility|
For the cases involving the treatment of municipal solid waste with the same characteristics as industrial waste at an industrial waste treatment facility, Article 15-2-4 of the Law has stipulated a special measure eliminating the need for a permit to establish a municipal solid waste treatment facility, provided that the types of waste and other pertinent information are reported. The ministerial ordinance specifies the types of municipal solid waste eligible under this system and notification procedures as follows.
(1) Types of municipal solid waste
The municipal solid waste in the right column may be treated at the industrial waste treatment facility in the left column of the table shown below. Municipal solid waste that may be treated must be of the same type as the industrial waste authorized to be treated at that facility.
|Industrial waste treatment
|Municipal solid waste|
|A||Facilities for crushing waste plastics||Waste plastics (Only those that have been separately collected from other municipal solid wastes, including plastics combined with metals or glass that have become municipal solid waste, such as designated home appliances and personal computers. Same applies to B below.)
|B||Facilities for incinerating waste plastics
|C||Facilities for crushing wood chips||Wood chips (Only those that have been collected separately from other municipal solid wastes.)
|D||Facilities for crushing rubble||Various rubble (Only those that have been collected separately from other municipal solid wastes.)
|E||Facilities for the incineration of waste paper, wood chips, waste fiber, solid waste from animals and plants, solid waste from livestock and poultry, and animal carcasses
||Waste paper, wood chips, waste fiber, solid waste from animals and plants, and animal carcasses (Only those that have been collected separately from other municipal solid wastes.)|
|F||Controlled landfill sites for industrial waste||Cinder, sludge, waste plastics, waste paper, wood
chips, waste fiber, solid waste from animals and
plants, waste rubber, waste metals, waste glass,
waste concrete, waste china, rubbles, animal excreta, animal carcasses, soot and dust, or waste resulting from the treatment for disposal of these municipal solid wastes but is not classified as these municipal solid wastes (excluding specially managed municipal solid waste)
(2) Notification procedures, etc.
- With regard to the notification stated in Article 15-2-4 of the Law, a notification listing the name, address, or the name of the representative in the case of a legal person shall be submitted to the prefectural governor 30 days before the start of the treatment of municipal solid waste.
- A copy of the permit for the industrial waste treatment facility and documents endorsing the facility's capacity for engaging in the treatment of municipal solid waste as a business (business permit for the treatment of municipal solid waste, etc.) shall be attached to the notification.
- The prefectural governor shall issue a receipt upon receiving the notification.
- In municipal solid waste treatment facilities established based on the provision of Article 15-2-4 of the Law, maintenance and operation standards and provisions concerning recordkeeping, etc. pertaining to industrial waste are applicable to the municipal solid waste treatment conducted at that facility. (Same applies to the Ministerial Ordinance that Stipulates the Technological Standards for the Final Disposal Sites of Municipal Solid Waste and Industrial Waste.)
|4.||Matters concerning parties not requiring a permit for municipal solid waste|
With regard to the exemption concerning cross-jurisdictional waste treatment that have been provided by the ministerial ordinance, the necessary adjustment has been made to fit the establishment of a cross-jurisdictional waste treatment certification system in the Law including Article 9-9.
|(1)||Matters to be entered in the order provided in Article 19-4-2, Para.1 of the Law
The ministerial ordinance specifies matters to be entered in the order provided in Article 19-4-2, Para. 1 of the Law, which is to be issued to parties who have been certified under Article 9-9, Para. 1 and other provisions of the Law. These matters include the details of measures to be implemented, such as the removal of problems.
|(2)||Regulating the maximum storage limit of municipal solid waste treated at industrial waste treatment facilities
|Municipal solid wastes having the same characteristics as the industrial wastes are subject to the regulation of maximum storage limits for the intermediate treatment facilities of the corresponding industrial wastes. These municipal solid wastes are the ones listed in the right column by the industrial waste treatment facilities in the left column of the table in 3.(1) above (excluding item F).
This regulation is applicable regardless of whether the treatment facilities are subject to a permit. (Not limited to facilities eligible for exemption under Article 15-2-4 of the Law.)