CHAPTER III
SPECIAL MEASURES FOR CONSERVATION OF THE ENVIRONMENT OF THE SETO INLAND SEA

    Section 1
Restrictions,etc.on the Installation of Specified Facilities

 

(Permit for the Installation of Specified Facilities)
Article 5

  1. When a person who discharges effluents into a public water area [ meaning a public water area stipulated in Article 2,paragraph 1 of the Water Pollution Control Law, Law No.138 of 1970;the same hereinafter] from a factory or establishment within the area of a relevant prefecture (excluding areas designated by Cabinet order) plans to install a specified facility [ meaning a specified facility stipulated in Article 2,paragraph 2 of the Water Pollution Control Law or a target facility for water quality standards stipulated in Article 12,paragraph 1, no.6 of the Law Concerning Special Measures Against Dioxins (Law No.105 of 1999),but not including a specified facility stipulated in Article 2,paragraph 2 of the Water Pollution Control Law or a target facility for water quality standards stipulated in Article 12,paragraph 1, no.6 of the Law Concerning Special Measures Against Dioxins to be installed in a factory or an establishment from which the maximum quantity of effluents discharged per day into a public water area does not exceed fifty (50) cubic meters or a specified facility prescribed by Cabinet Order;the same hereinafter] ,he or she must obtain a permit from the governor of the prefecture in accordance with what is prescribed by the Minister of the Environment.

  2. A person seeking to obtain the permit mentioned in the preceding paragraph shall file with the governor of the prefecture an application describing matters set forth in the following sub- paragraphs;
    (1) Name or appellation and address,and,in the case of a juridical person,the name
      of its representative;
    (2) Appellation of the factory or establishment and its address;
    (3) Kind of the specified facility;
    (4) Structure of the specified facility;
    (5) Method of operation of the specified facility;
    (6) Method of treatment of sewage or waste liquid (hereinafter referred to as
      "sewage,etc.")discharged from the specified facility;
    (7) Quantity of effluents (including the quantity for each drain age system);
    (8) State of pollution of the effluents (including state of pollution of effluents
      by each drainage system)and such other matters as are stipulated by Order of
      the Ministry of the Environment.

  3. The application referred to in the preceding paragraph shall be; accompanied by a statement describing matters concerning prior assessment based on the findings of investigation on the impact which the proposed installation of the specified facility is likely have on the environment.
  4. Upon receipt of an application for permit referred to in paragraph 1,the governor of the prefecture shall,without delay,make an announcement of an outline thereof and shall make the statement referred to in the preceding paragraph open to the inspection by the public for three weeks from the date of such announcement.

  5. When the governor of the prefecture has made the announcement referred to in the preceding paragraph,he shall,without delay,notify the governor(s)of those other prefectures concerned and the head(s)of those municipalities which are relevant on the ground of environmental preservation to the proposed installation of the specified facility and shall seek the opinions of the said governors of the prefectures concerned and the heads of the municipalities,fixing a period for their reply.

  6. When the announcement referred to in paragraph 4 is made,any person who has interest in the proposed installation of the specified facility may file with the said governor of the prefecture a statement of opinion on matters regarding the prior assessment referred to in paragraph 3 any time up to the last day of the period for public inspection referred to in paragraph 4 hereof.

  7. Matters to be dealt with in the statement of prior assessment referred to in paragraph 3 shall be prescribed by Order of the Ministry of the Environment.

(Criteria for Permitting the Installation of Specified Facilities)
Article 6

  1. The governor of the prefecture shall not issue the permit referred to in paragraph 1 of the preceding Article unless he finds that the proposed installation of the specified facility covered by an application filed under the provisions of said paragraph meets either of the following conditions:
    (1) That the proposed facility is concerning a factory or establishment the
      purpose of which is to treat waste;or
    (2) That the sewage,etc.discharged from the proposed facility present no serious
      hindrance to the conservation of the environment of the Seto Inland Sea.

  2. Even when the specified facility covered by an application for permit filed under the provision of paragraph 1 of the preceding Article meets the condition set forth in sub- paragraph (1)of the preceding paragraph, the governor of the prefecture shall take into account the impact which the installation of such specified facility may have on the environment in relation to the permit referred to in paragraph 1 of the preceding Article.

(Transitory Measures Relating to Specified Facilities)
Article 7

  1. 1.A person who has a facility in the area designated by Article 5 paragraph 1 (including persons who are in the process of installing a facility)at the time the facility is designated as a specified facility and who discharges effluents shall be deemed to have obtained the permit referred to in said paragraph with respect to the facility.

  2. Persons who are deemed to have obtained the permit referred to in Article 5 paragraph 1 under the provision of the preceding paragraph shall file with the governor of the prefecture concerned a notification of the matters referred to in the sub-paragraphs of paragraph 2 of the same Article in accordance with the provisions of Order of the Ministry of the Environment within thirty days from the date on which such facility was designated as a specified facility.(Omission)

(Changes in the Structure,etc.of Specified Facilities)
Article 8

  1. A person who has obtained the permit referred to in Article 5 paragraph 1 shall obtain a permit before he effects any change in the matters set forth in sub-paragraphs (4)through (7)inclusive of paragraph 1 of the same Article covered by such permit from the governor of the prefecture in accordance with the provisions of Order of the Ministry of the Environment.This shall not apply to such minor changes as defined by Order of the Ministry of the Environment.

  2. Any person who seeks to obtain the permit referred to in the preceding paragraph shall file with the governor of the prefecture an application stating the matters prescribed in Order of the Ministry of the Environment.

  3. The provisions of paragraph 3 to paragraph 7 inclusive of Article:5 shall apply mutatis mutandis to an application for the permit mentioned in paragraph 1 of this Article (excluding those application prescribed by Order of the Ministry of the Environment)and provisions of Article 6 shall apply mutatis mutandis to an application for the permit mentioned in the same paragraph.

  4. When a person who obtained the permit referred to in Article 5 paragraph 1 has effected any minor change defined by Order of the Ministry of the Environment referred to in the proviso of paragraph 1, the person shall file a notification of such effect with the governor of the prefecture within thirty days from the date of such change.

(Changes in Name,etc.)
Article 9

 When a person who obtained the permit referred to in Article 5 paragraph 1 has effected any change in the matters set forth in sub-paragraphs (1),(2)or (8)of paragraph 2 of the same Article,or when a person has discontinued the use of a specified facility covered by a permit, such person shall file a notification of such effect with the governor of the prefecture within thirty days from the date of such change.

(Succession)
Article 10

  1. A person who takes over or rents the specified facility covered by the permit referred to in Article 5 paragraph 1 from the person who has obtained such permit shall succeed to the status of such person with respect to the specified facility.

  2. When inheritance or merger,or a breakup (limited to cases in which a specified facility related to said permit is taken over)takes place in respect of a person who obtained the permit referred to in Article 5, paragraph 1,the successor or the juridicial person which continues to exist after the merger,or which is formed as a result of the merger,or the juridicial person that has taken over the specified facility as a result of a breakup,shall succeed to the status of such person.

  3. A person who has succeeded to the status of the person who obtained the permit referred to in Article 5 paragraph 1 under the provisions of the preceding two paragraphs shall file a notification of such effect with the governor of the prefecture within thirty days from the date of such succession.

(Order of Measures against Contravention)
Article 11

 In the event that any person has installed a specified facility in contravention of the provisions of Article 5 paragraph 1,or that any person has effected any change in matters prescribed in Article 8 paragraph 1,in contravention of the provisions thereof,the governor of the prefecture may order the person to remove or discontinue the operation of the facility or take such other measures as may be necessary to remedy the situation caused by such contravention.

(Application of the Water Pollution Control Law,etc.)
Article 12

  1. The provisions of Article 5 to Article 10 inclusive,Article 11 Paragraph 1 to paragraph 3 inclusive and Article 23 paragraph 3 to Paragraph 5 inclusive of the Water Pollution Control Law (only those parts of these provisions which are related to Articles 5,7,8,8- 2,10 and 11 of the same Law),and those of Article 37 paragraph 1 of the Law relating to the Prevention of Marine Pollution and Maritime Disaster (Law No.136 of 1970)shall not apply to the specified facilities installed in factories or establishments located in the area designated in Article 5 paragraph 1.

  2. (Omission)

  3. (Omission)

  4. (Omission)

  5. Concerning application of the provisions of Article 12 to Article 19 and paragraph 2 to paragraph 4 of Article 35 of the Law Concerning Special Measures Against Dioxins (limited to the sections relating to Article 12,
    Article 14 to Article 16,Article 18 and Article 19 of the same Law), specified facilities relating to persons discharging effluents from factories or establishments,in which a specified facility is to be installed,in areas stipulated in Article 5,paragraph 1 shall be regarded as not being target facilities for water quality standards as stipulated in Article 12,paragraph 1,no.6 of the same Law.

  6. Concerning application of the provisions of Article 34,paragraph 1 of the Law Concerning Special Measures against Dioxins to areas stipulated in Article 5,paragraph 1,the phrase "this Law"in said paragraph shall mean "this law [ including the provisions in Article 5 through Article 11 of the Law Concerning Special Measures for Conservation of the Environment of the Seto Inland Sea (Law No.110 of 1973)] .

Article 12-2 (omission)

(Reduction of Total amount of Pollution Load)
Article 12-3

  1. In order to prevent water pollution in terms of chemical oxygen demand in the Seto Inland Sea,the Minister of the Environment shall,in respect of the area stipulated in Article 5 paragraph 1,establish the fundamental policy for reduction of area wide total pollutant load mentioned in Article 4- 2 paragraph I of the Water Pollution Control Law relative to the reduction of the total amount of pollution load expressed in terms of chemical oxygen demand.

  2. As regards the application of the provisions of the Water Pollution Control Law relative to the fundamental policy for reduction of area wide total pollutant load mentioned in the preceding paragraph and the reduction of the total amount of pollution load on the basis of the same policy,the parts of the provisions of the same Law which read "Pollution Load"."Specified Water Areas","Specified Items"and "Specified Regions"shall read "pollution load expressed in terms of chemical oxygen demand","Seto Inland Sea as stipulated in Article 2 paragraph 1 of the Law concerning Special Measures for Conservation of the Environment of the Seto Inland Sea","chemical oxygen demand"and "area stipulated in Article 5 paragraph 1 of the Law concerning Special Measures for Conservation of the Environment of the Seto Inland Sea", respectively.

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