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Law Concerning Special Measures against Dioxins
(Law No. 105 of 1999. Promulgated on July 16, 1999)
(Provisional Translation)
December 1999
Translation draft by
Environment Agency of Japan
Office of Environmental Risk Assessment,
Environmental Health and Safety Division,
Environmental Health Department
1-2-2 Kasumigaseki, Chiyoda-ku, Tokyo 100-8975 JAPAN, E-mail: ehs@eanet.go.j
Law Concerning Special Measures against Dioxins
(Law No. 105 of 1999. Promulgated on July 16, 1999)
(Provisional Translation)
Table of Contents
Chapter 1 General Provisions (Articles 1-5)
Chapter 2 Basic Standards for Formulating Policies on Dioxins (Articles 6 and 7)
Chapter 3 Regulations for Dioxin Emissions, etc.
Section 1 Regulations for Emission Gas and Effluent Relating to Dioxins (Articles 8-23)
Section 2 Disposal of Soot and Dust Relating to Waste Incinerators, etc. (Articles 24 and 25)
Chapter 4 Surveys of the Level of Pollution Caused by Dioxins, etc. (Articles 26-28)
Chapter 5 Measures Against Soil Contamination by Dioxins (Articles 29-32)
Chapter 6 National Government Plan for the Reduction of Dioxin Emissions (Article 33)
Chapter 7 Miscellaneous Provisions (Articles 34-43)
Chapter 8 Penalties (Articles 44-49)
Supplementary Provisions
Chapter 1 General Provisions
(Purpose)
Article 1
In consideration of serious effects on human life and health which may be caused by dioxins, the
purpose of this Law is to protect the health of citizens, by establishing standards necessary to
form the basis of policies on dioxins, to establish the necessary regulations, and to establish
measures, etc., relating to soil contamination, in order to carry out the prevention and removal,
etc., of environmental pollution caused by dioxins.
(Definitions)
Article 2
For the purpose of this Law, "dioxins" shall mean chemical substances enumerated below:
(1) polychlorinated dibenzofurans;
(2) polychlorodibenzo-para-dioxins; and
(3) co-planar polychlorinated biphenyls.
2. For the purpose of this Law, as designated by Cabinet Order, "specified facility" shall mean an
electric furnace used for steelmaking, a waste incinerator, or other facility, installed in a factory
or a business establishment, which generates and emits dioxins into the air or releases waste
water or fluid discharge containing dioxins.
3. For the purpose of this Law, "emission gas" shall mean exhaust released into the air by a
specified facility.
4. For the purpose of this Law, "effluent" shall mean water discharged into public water areas
(meaning public water areas provided for in Paragraph 1 of Article 2 of the Water Pollution
Control Law (Law No. 138 of 1970). The same shall apply hereinafter.) by a factory or a
business establishment where a specified facility is installed (hereinafter referred to as "specified
business establishment").
(Responsibilities of the National Government and Local Governments)
Article 3
The national government shall be responsible for formulating and implementing basic and
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comprehensive measures for the prevention and removal, etc., of environmental pollution caused
by dioxins.
2. Local governments shall be responsible for implementing measures for the prevention and
removal, etc., of environmental pollution caused by dioxins, in accordance with the natural and
social conditions of the areas concerned.
(Responsibilities of Businesses)
Article 4
Businesses shall be responsible for taking the necessary measures for the prevention and
removal, etc., of environmental pollution caused by dioxins generated in the course of their
business activities. Businesses shall also be responsible for cooperating on measures
implemented by the national government or local governments, with regard to the prevention or
removal, etc., of environmental pollution caused by dioxins.
(Responsibilities of Citizens)
Article 5
Citizens shall make efforts to prevent environmental pollution caused by dioxins generated in
the course of their daily lives, as well as making efforts to cooperate on measures implemented
by the national government or local governments, with regard to the prevention or removal, etc.,
of environmental pollution caused by dioxins.
Chapter 2 Basic Standards for Formulating Policies on Dioxins
(Tolerable Daily Intake)
Article 6
In consideration of the fact that dioxins are chemical substances generated from human activities
and do not exist naturally in the environment, the Tolerable Daily Intake (meaning the daily dose
of 2,3,7,8-tetrachlorodibenzo-para-dioxin which is assumed to have no adverse effects on human
health if taken constantly over a lifetime), which shall be a guideline for measures against
dioxins taken by the national government and local governments, shall not exceed 4 picograms
per kilogram of body mass and shall be set forth by Cabinet Order.
2. The value referred to in the preceding Paragraph shall be revised as necessary, with due
attention given to international trends for assessing the safety of chemical substances, based on
scientific knowledge.
(Environmental Quality Standards)
Article 7
With regard to the environmental conditions relating to air pollution, water pollution (including
pollution of bottom sediment), and soil contamination, for each of these the Government shall
establish environmental quality standards, the maintenance of which is desirable for the
protection of human health.
Chapter 3 Regulations for Dioxin Emissions
Section 1 Regulations for Emission Gas and Effluent Relating to Dioxins
(Emission Standards)
Article 8
Emission standards for dioxins shall be set forth by Order of the Prime Minister's Office,
according to the type and structure of facility, in consideration of technological standards for the
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reduction of dioxins contained in emission gas or effluent relating to specified facilities.
2. With respect to the emission standards referred to in the preceding Paragraph, permissible limits
relating to emission gas (hereinafter referred to as "gas emission standards") shall be provided
for in Item (1) and those relating to effluent (hereinafter referred to as "effluent standards") shall
be provided for in Item (2).
(1) Permissible limits for dioxins contained in emission gas (meaning the level of dioxins
measured by the method designated by Order of the Prime Minister's Office, expressed as
the toxicity of 2, 3, 7, 8-tetrachloride dibenzo-para-dioxin according to the computation
designated by Order of the Prime Minister's Office. The same shall apply hereinafter.)
(2) Permissible limits for dioxins contained in effluent
3. In the case any prefecture judges, in light of its natural and social conditions, that the emission
standards prescribed under Paragraph 1 are inadequate to protect human health in part of its
territory, it may establish by a prefectural ordinance, in accordance with the provisions of a
Cabinet Order, stricter emission standards with respect to the level of dioxins contained in
emission gas or effluent released by specified facilities in part of the territory, which supersede
the permissible limits stipulated by the emission standards under the said Paragraph.
4. The prefectural ordinance referred to in the preceding Paragraph shall clarify the range of the
relevant territory.
5. In the case any prefecture establishes emission standards under the provisions of Paragraph 3,
the prefectural governor concerned shall notify in advance the Director General of the
Environment Agency and governors of relevant prefectures (limited to the establishment of
emission standards for effluent referred to in the said Paragraph).
(Recommendations Concerning Emission Standards)
Article 9
The Director General of the Environment Agency may recommend to any prefecture that it
establish emission standards under the provisions of Paragraph 3 of the preceding Article or
modify the existing emission standards prescribed under the provisions of the said Paragraph,
when deemed especially necessary to prevent air pollution or water pollution of public waters by
dioxins.
(Total Mass Emission Control Standards)
Article 10
In areas where specified facilities to which gas emission standards (including the emission
standards for emission gas prescribed in Paragraph 3 of Article 8. The same shall apply
hereinafter in this Paragraph.) apply (hereinafter referred to as "facilities to which gas emission
standards apply") are concentrated, and designated by Cabinet Order as areas where it is difficult
to attain the standards relating to air pollution provided for in Article 7 solely with the gas
emission standards (hereinafter referred to as "specified areas"), prefectural governors shall
formulate total mass emission reduction plans with respect to dioxins released into the air by
specified business establishments installed with facilities to which gas emission standards apply
(hereinafter referred to as "business establishments to which total mass emission control
standards apply") established in the specified areas concerned, and establish total mass emission
control standards in accordance with the provisions of an Order of the Prime Minister's Office,
based on the said plan.
2. Prefectural governors may, when deemed necessary, subdivide the specified area concerned into
two or more sub-areas and establish the total mass emission control standards prescribed in the
preceding Paragraph for each sub-area.
3. Prefectural governors may, with respect to a business establishment to which total mass
emission control standards apply, which has newly installed a facility to which gas emission
standards apply (including a factory or business establishment which has newly become a
business establishment to which total mass emission control standards apply through installation
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or alteration of the structure, etc., of a specified facility) and a newly established business
establishment to which total mass emission control standards apply, in accordance with the
provisions of an Order of the Prime Minister's Office, establish special total mass emission
control standards, which supercede the total mass emission control standards referred to in
Paragraph 1, based on the total mass emission reduction plan under the said Paragraph.
4. With respect to a business establishment subject to total mass emission control standards, the
total mass emission control standards provided for in Paragraph 1 or the preceding Paragraph,
shall be the permissible limits of the total level of dioxins released from outlets (meaning smoke
stacks installed in the facilities to which gas emission standards apply to release emission gas
into the air from the facilities, and other openings in the facilities. The same shall apply
hereinafter.) of all facilities to which gas emission standards apply which are installed in the
business establishment.
5. In the case there is a certain area which is deemed to satisfy the requirements of an area to be
designated by Cabinet Order referred to in Paragraph 1, prefectural governors may propose that
the Prime Minister draft a Cabinet Order by which the area is to be so designated as provided for
in the said Paragraph.
6. Residents may propose to the prefectural governor who has jurisdiction over their domicile that
he or she make a proposal referred to in the preceding Paragraph.
7. When attempting to enact, or revise or abolish a draft of, a Cabinet Order as stipulated in
Paragraph 1, the Prime Minister shall hear the opinions of the governors of relevant
prefectures.
8. Prefectural governors shall make public announcements when establishing total mass emission
control standards provided for in Paragraphs 1 or 3. The same shall apply when amending or
abolishing the standards.
(Total Mass Emission Reduction Plans)
Article 11
With regard to the specified areas concerned, the total mass emission reduction plans, referred to
in Paragraph 1 of the preceding Article, shall prescribe matters referred to in Items (3) and (4) in
accordance with the provisions of a Cabinet Order, for the purpose of reducing emissions from
the level referred to in Item (1) to the level referred to in Item (2), in consideration of the type
and size, etc., of facilities to which gas emission standards apply. In this case, where it is
necessary, for the purpose of achieving the plans, to subdivide specified areas concerned into
two or more sub-areas, due to the distribution of facilities subject to gas emission standards, the
level of emissions referred in Items (1) and (2) shall be the respective level of dioxins released in
each sub-area.
(1) Total emissions of dioxins released into the air by all facilities to which gas emission
standards apply in the specified areas concerned.
(2) Total emissions of dioxins released into the air by facilities to which gas emission standards
apply in the specified areas concerned, computed as prescribed by Order of the Prime
Minister's Office, in light of standards concerning air pollution referred to in Article 7.
(3) Reduction target with regard to the level of emissions referred to in Item (1) (including
interim reduction targets, if such reduction targets are set).
(4) Period and methods of achieving the plans.
2. When formulating the total mass emission reduction plans referred to in Paragraph 1 of the
preceding Article, prefectural governors shall hear the opinions of the Council established
pursuant to the provisions of Article 43 of the Basic Environment Law (Law No.91 of 1993),
other council organizations and heads of relevant municipalities, and shall hold public hearings
to hear the opinion of residents in the specified areas. .
3. When formulating the total mass emission reduction plans referred to in Paragraph 1 of the
preceding Article, prefectural governors shall discuss the plans in advance with, and obtain the
approval of, the Director General of the Environment Agency.
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4. Prefectural governors shall publicly announce the matters referred to in each Item of Paragraph
1, after formulating the total mass emission reduction plans referred to in Paragraph 1 of the
preceding Article.
5. Prefectural governors may revise the total mass emission reduction plans referred to in
Paragraph 1 of the preceding Article, when such a revision has become necessary due to changes
in the condition of air pollution, etc., in the specified areas concerned.
6. The provisions of Paragraphs 2 through 4 shall apply correspondingly to any changes made to
plans referred to in the preceding Paragraph.
(Notification of the Establishment of Specified Facilities)
Article 12
Any person who plans to establish a specified facility shall notify the following information to
the prefectural governor in accordance with the provisions of an Order of the Prime Minister's
Office:
(1) That person's name or the name of the business, address, and in the case of a corporation,
the name of the representative of the corporation;
(2) Name and location of the specified business establishment;
(3) Type of the specified facility;
(4) Structure of the specified facility;
(5) Method of operation of the specified facility; and
(6) In the case of a facility to which gas emission standards apply, the method of disposal of
generated gas (meaning the gas generated by a facility to which gas emission standards
apply. The same shall apply hereinafter), and in the case of a specified facility to which
effluent standards are concerned (including emission standards relating to effluent provided
for in Paragraph 3, Article 8) (hereinafter referred to as "facility subject to effluent
standards"), the method of disposal of waste water or fluid discharged by the said facility
subject to effluent standards.
2. The notification under the provisions of the preceding Paragraph shall be accompanied by
documents containing estimated level of dioxin emissions (meaning the level of dioxins
contained in emission gas, in the case of a facility to which gas emission standards apply, and in
the case of a facility subject to effluent standards, the level of dioxins contained in effluent
discharged by a specified business establishment which has installed a facility subject to effluent
standards (hereinafter referred to as "business establishment to which effluent standards apply"),
in consideration of the kind or structure of the specified facility or disposal methods of generated
gas or waste water or fluid, etc., and other matters set forth by Order of the Prime Minister's
Office.
(Transitional Measures)
Article 13
Any person who has installed a facility (including any person engaging in such installation
work. The same shall apply in the following Paragraph.) which becomes a specified facility and
releases emission gas or effluent, shall notify, within thirty (30) days after the date that the
concerned facility becomes a specified facility, the matters referred to in each Item of Paragraph
1 of the preceding Article to the prefectural governor, in accordance with the provisions of an
Order of the Prime Minister's Office.
2. Any person who is referred to in the top column of the following table shall report, within thirty
(30) days after the dates prescribed in the bottom column of the said table, the matters referred to
in the middle column of the said table to the prefectural governor, in accordance with the
provisions of an Order of the Prime Minister's Office.
Any person who has installed a facility subject to effluent standards when it becomes a facility
to which gas emission standards apply:
Matters referred to in Item (6) of Paragraph 1 of the preceding Article relating to the generated
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gas:
Date when the facility subject to effluent standards became a facility to which gas emission
standards apply.
Any person who has installed a facility to which gas emission standards apply when it becomes
a facility subject to effluent standards:
Matters referred to in Item (6) of Paragraph 1 of the preceding Article relating to the waste water
or fluid discharge:
Date when the facility to which gas emission standards apply became a facility subject to
effluent standards.
3. The provisions of Paragraph 2 of the preceding Article shall apply correspondingly to the
notification under the provisions of the preceding Paragraph 2.
(Notification of Changes in the Structure, etc., of Specified Facilities)
Article 14
Any person who has made notification under the provisions of Paragraph 1 of Article 12 or
Paragraphs 1 or 2 of the preceding Article and plans to change the notified matters referred to in
Items (4) through (6) of Paragraph 1 of Article 12 or matters referred to in the middle column of
the table in Paragraph 2 of the preceding Article, shall notify such plans to the prefectural
governor, in accordance with the provisions of an Order of the Prime Minister's Office.
2. The provisions of Paragraph 2 of Article 12 shall apply correspondingly to the notifications
under the provisions of the preceding Paragraph.
(Order for Modification of Plans, etc.)
Article 15
In the case a prefectural governor, upon receiving notification under the provisions of Paragraph
1 of Article 12 or Paragraph 1 of the preceding Article, finds that the level of dioxins contained
in emission gas or effluent, at outlets of the specified facility in the case of emission gas, or at
drainage outlets (meaning where effluent is discharged. The same shall apply hereinafter.) of a
business establishment to which effluent standards apply installed with a specified facility in the
case of effluent, of the specified facility covered in the notification, fails to comply with
emission standards prescribed in Paragraph 1 of Article 8 (in the case the emission standards are
set forth according to Paragraph 3 of the said Article, including such emission standards.
Hereinafter referred to simply as "emission standards"), he or she may, within sixty (60) days
after the date of receipt of the notification, order the person who made the notification to modify
the plan with regard to the structure or the method of operation of the specified facility
concerned, or the method to dispose generated gas or waste water or fluid discharge relating to
the specified facility concerned (including the abolishment of the notified plan under Paragraph
1 of the preceding Article) or abolish the plan with regard to the installation of the specified
facility notified under Paragraph 1 of Article 12.
Article 16
In the case the prefectural governor, upon receiving notification under the provisions of
Paragraph 1 of Article 12 or Paragraph 1 of Article 14, finds that, the total amount of dioxins
released from outlets of all facilities to which gas emission standards apply which are installed
in the business establishment to which total mass emission control standards apply concerned,
fails to comply with total mass emission control standards, with regard to the notified business
establishment to which total mass emission control standards apply in which a facility to which
gas emission standards apply is being installed (including a factory or business establishment
which is designated as a business establishment to which total mass emission control standards
apply as a result of installation of a specified facility or the alteration of structure. The same
shall apply hereafter in this Article), he or she may, within sixty (60) days after the date of
receipt of the notification, order the installing person of the concerned business establishment to
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whichh total mass emission control standards apply to improve the methods to dispose of
generated gas at the concerned business establishment to which total mass emission control
standards apply, or to take other necessary measures.
(Restrictions on Implementation)
Article 17
Any person who has provided notification under the provisions of Paragraph 1 of Article 12 or
Paragraph 1 of Article 14, shall not install the specified facility covered in the notification or
modify the structure, the method of operation, or the methods to dispose of generated gas,
wastewater or fluid discharge from the specified facility covered in the notification, within sixty
(60) days after the date the notification has been received.
2. In the case the prefectural governor finds that the contents of matters notified under the
provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article 14 are reasonable and suitable,
he or she may shorten the period prescribed in the preceding Paragraph.
(Report of Changes in Name, etc.)
Article 18
In case the person who provided notification under the provisions of Paragraph 1 of Article 12 or
Paragraph 1 of Article 13 changes any matters notified under Items (1) or (2) of Paragraph 1 of
Article 12 or abolishes the operation of the specified facilities notified, the person shall notify
that change or abolition to the prefectural governor within thirty (30) days after doing so.
(Succession)
Article 19
Any person who has obtained or has leased the specified facility notified from a person who
provided notification under the provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article
13, shall succeed to the status of the person who provided notification with respect to the
specified facility concerned.
2. In the case of inheritance or merger relating to a person who provided notification under the
provisions of Paragraph 1 of Article 12 or Paragraph 1 of Article 13, the inheritor or the
corporation which continues to exist after the merger or the corporation which is established as a
result of the merger, shall succeed to the status of the person who provided the notification
concerned.
3. Any person who, under the provisions of the preceding two Paragraphs, succeeds to the status of
the person who provided notification under the provisions of Paragraph 1 of Article 12 or
Paragraph 1 of Article 13, shall notify the succession to the prefectural governor within thirty
(30) days after the date of succession.
4. Any person who has succeeded to the status of the person who provided notification under the
provisions of Paragraphs 1 or 2 above with respect to all facilities to which gas emission
standards apply installed at a specified business establishment, shall succeed to the status of the
person who installed the business establishment, as pertains to the application of the provisions
of Article 16 or Paragraph 3 of Article 22.
(Restrictions on Emissions)
Article 20
Any person who releases emission gas or effluent (hereinafter referred to as "emitter"), shall not
release emission gas or effluent where the level of dioxins contained in the emission gas or
effluent fails to comply with emission standards, at the outlets of emission gas in the case of a
facility subject to gas emission standards and at the drainage outlets of a business establishment
to which effluent standards apply where the concerned facility subject to effluent standards is
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installed in the case of a facility subject to effluent standards.
2. The provisions of the preceding Paragraph shall not apply to emission gas released from the
concerned facility or effluent relating to the concerned facility of a person who has installed the
facility concerned at the time it becomes designated as a specified facility (including any person
engaging in installation. The same shall apply in the following Paragraph.) for one (1) year after
the date the facility concerned becomes a specified facility. However, this limitation shall not
exist when the factory or business establishment concerned is already a business establishment
to which effluent standards apply at the time when the facility concerned becomes a facility
subject to effluent standards, and when provisions of an ordinance of the local government
applicable to the person are equivalent to provisions of the preceding Paragraph (excluding cases
in which there are no punitive provisions for violations of provisions prescribed in the ordinance
of the local government).
3. The provisions of Paragraph 1 shall not apply to emission gas released by a facility of a person
who has installed the facility concerned at the time the facility subject to effluent standards is
designated a facility to which gas emission standards apply, or to effluent relating to a facility to
which gas emission standards apply of a person who has installed the facility concerned at the
time the facility to which emissions standards apply becomes a facility subject to effluent
standards, for one (1) year after the date the facility concerned becomes a facility to which gas
emission standards apply or a facility subject to effluent standards, respectively. In this case, the
provisions of the conditional clause in the preceding Paragraph shall apply correspondingly.
(Restrictions on Emission Relating to Total Mass Emission Control Standards)
Article 21
Any person who releases emission gas into the air from a business establishment to which total
mass emission control standards apply, shall not release emission gas, in which the total level of
dioxins released from the outlets of all facilities to which gas emission standards apply installed
in the business establishment to which total mass emission control standards apply, fails to
comply with the total mass emission control standards.
2. The provisions of the preceding Paragraph shall not apply to a person who releases emission gas
into the air from a facility to which gas emission standards apply installed in a factory or
business establishment which has newly become a business establishment subject to total mass
emission control standards as a result of a revision of the Cabinet Order stated in Paragraph 2 of
Article 2, a revision of the Order of the Prime Minister's Office stated in Paragraph 1 of Article
8, or a revision of the Cabinet Order stated in Paragraph 1 of Article 10, for one (1) year after the
date the factory or business establishment concerned becomes a business establishment subject
to total mass emission control standards.
(Orders for Improvement, etc.)
Article 22
In the case a prefectural governor finds that an emitter is likely to continue to release emission
gas or effluent that fails to comply with the emission standards, at outlets of an installed facility
to which gas emission standards apply or at the drainage outlet of a business establishment to
which effluent standards apply, he or she may order the person to improve, within a prescribed
period, the structure, or the method of operation of the specified facility, or the method of
disposal of generated gas or waste water or fluid discharge relating to the specified facility
concerned, or he or she may order the temporary suspension of the operation of the specified
facility concerned.
2. The provisions of Paragraphs 2 and 3 of Article 20 shall apply correspondingly to the orders
prescribed in the preceding Paragraph.
3. In the case the prefectural governor finds that emission gas that fails to comply with total mass
emission control standards is likely to continue to be released, he or she may order the person
who has installed the facility at the business establishment total mass emission control standards
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apply which is releasing the emission gas concerned, to improve, within a prescribed period, the
method of disposal of gas generated by the business establishment concerned or to take other
necessary measures.
4. The provisions of the preceding Paragraph shall not apply to a factory or business establishment
which has newly become a business establishment subject to total mass emission control
standards as a result of a revision of the Cabinet Order stated in Paragraph 2 of Article 2, a
revision of the Order of the Prime Minister's Office stated in Paragraph 1 of Article 8, or a
revision of the Cabinet Order stated in Paragraph 1 of Article 10, for one (1) year after the
factory or business establishment concerned becomes a business establishment subject to total
mass emission control standards.
(Measures in Case of Accidents)
Article 23
Any person who has installed a specified facility shall make efforts to take emergency measures
immediately and try to take recovery measures promptly when a large amount of dioxins is
released into the air or public water areas as a result of the occurrence of failure, damage, and
other accidents of a specified facility.
2. In case of an accident referred to in the preceding Paragraph, the person referred to in the said
Paragraph shall immediately report the circumstances of the accident to the prefectural governor.
However, this shall not apply to cases where reporting has been conducted in accordance with
the provisions of Paragraph 1 of Article 23 of the Law Concerning the Prevention of Disaster
Related to Petrochemical Complexes (Law No.84 of 1975).
3. When a prefectural governor finds that an accident mentioned in Paragraph 1 has adversely
affected or is likely to adversely affect the health of residents around the specified business
establishment, he or she may order the person referred to in Paragraph 1 relating to the accident
to take necessary measures to prevent the expansion or recurrence of the accident.
4. When a prefectural governor receives a report referred to in the provisions of Paragraph 2, or
issues the order referred to in the preceding Paragraph, he or she shall report the matter promptly
to the Director General of the Environment Agency.
Section 2 Disposal of Soot and Dust Relating to Waste Incinerators, etc.
(Disposal of Soot and Dust Relating to Waste Incinerators)
Article 24
In the case soot and dust, incineration ash, and other cinders discharged from a waste incinerator
designated as a specified facility and collected by a dust collector of the specified facility
concerned are disposed (including being recycled), such disposal shall be made so that the
amount of dioxins contained in the soot and dust, incineration ash, and other cinders concerned
is within the standards established by Ordinance of the Ministry of Health and Welfare.
2. With respect to soot and dust, incineration ash, and other cinders discharged from a waste
incinerator designated as a specified facility and collected by a dust collector of the specified
facility concerned, the "explosiveness" in Paragraph 3 of Article 2 of the Waste Disposal and
Public Cleansing Law (Law No.137 of 1970) shall be replaced by the "explosiveness of cinders
and others relating to a waste incinerating facility", the "explosiveness" in Paragraph 5 of the
said Article shall be replaced by the "explosiveness of dust, incineration ash, and other cinders
discharged from a waste incinerator designated as a specified facility and collected by a dust
collector of the waste incineration facility", the "standards are" in Paragraph 3 of Article 6-2 of
the said law shall be replaced by "standards, other than those stipulated in Paragraph 1 of Article
24 of the Law Concerning Special Measures Against Dioxins (Law No. 105 of 1999), are", and
"Cabinet Order" in Paragraph 1 of Article 12-2 of the said Law shall be replaced by "Cabinet
Order, other than stipulated in Paragraph 1 of Article 24 of the Law Concerning Special
Measures Against Dioxins", and the provisions of the said Law shall be applied.
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(Maintenance and Management of Final Landfill Site of Waste)
Article 25
Final landfill sites for waste shall be maintained and managed in accordance with the standards
established by Order of the Prime Minister's Office and Ordinance of the Ministry of Health and
Welfare, so as to prevent dioxins from polluting the air, public water areas, groundwater, and
soil.
2. With respect to final disposal sites of waste, "Order of the Prime Minister's Office and
Ordinance of the Ministry of Health and Welfare" in Article 8-3 of the Waste Disposal and
Public Cleansing Law shall be replaced by "Order of the Prime Minister's Office and Ordinance
of the Ministry of Health and Welfare (including Order of the Prime Minister's Office and
Ordinance of the Ministry of Health and Welfare in Paragraph 1 of Article 25 of the Law
Concerning Special Measures Against Dioxins (Law No. 105 of 1999). The same shall apply to
Paragraph 5 of Article 5 and Article 15-2-2.)", and the provisions of the said Law shall be
applied.
Chapter 4 Surveys of the Level of Pollution Caused by Dioxins, etc.
(Monitoring and Surveillance)
Article 26
Prefectural governors shall monitor and survey from time to time the level of pollution of the air,
water (including bottom sediment. The same shall apply hereinafter), and soil caused by dioxins
in the areas under the jurisdiction of the prefectures concerned.
2. Prefectural governors shall report the results of the monitoring and surveillance referred in the
preceding Paragraph to the Director General of the Environment Agency.
(Surveys and Measurements by the Prefectural Governors, etc.)
Article 27
Prefectural governors shall, in consultation with the heads of local administrative agencies of the
national government and the heads of local governments, conduct surveys and measurements of
the status of pollution of the air, water, and soil caused by dioxins in the areas under the
jurisdiction of the prefecture concerned.
2. The national government and local governments shall conduct surveys and measurements on the
basis of the results of the consultation referred to in the preceding Paragraph and send the results
to prefectural governors.
3. Prefectural governors shall publicly announce the results of surveys and measurements referred
to in Paragraph 1 and the results of surveys and measurements which are received in accordance
with the provisions of the preceding Paragraph.
4. To survey and measure the status of soil contamination by dioxins, head of a national
administrative agency or prefectural governors may, when necessary, and to the extent
necessary, have their personnel enter the premises and conduct surveys and measurements of the
soil and other items, or collect the minimum amount of the soil and other items required to
conduct the surveys and measurements, without providing recompense.
5. The personnel entering the premises in accordance with the provisions of the preceding
Paragraph shall carry identification showing their identity and present it to the relevant persons.
(Measurement by Person Who Has Installed a Facility)
Article 28
Any person who has installed a facility to which gas emission standards apply or a business
establishment to which effluent standards apply shall measure the status of pollution caused by
dioxins in accordance with a Cabinet Order, as frequently as designated by Cabinet Order but
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not less than once a year, with respect to emission gas discharged from the concerned facility to
which gas emission standards apply or effluent discharged from the concerned business
establishment to which effluent standards apply.
2. In the case that the measurement referred to in the preceding Paragraph is conducted relating to
a waste incinerator that is designated as a specified facility, the status of pollution caused by
dioxins shall be also measured in accordance with a Cabinet Order with respect to soot and dust,
incineration ash, and other cinders discharged from them and collected by dust collectors.
3. Any person who has installed a facility to which gas emission standards apply or a business
establishment to which effluent standards apply, shall report the results to the prefectural
governor, after carrying out the measurement in accordance with the provisions of the preceding
two Paragraphs.
4. The prefectural governor shall publicly announce the reported results of measurement referred
to in Paragraphs 1 and 2, after receiving the report in accordance with the provisions of the
preceding Paragraph.
Chapter 5 Measures against Soil Contamination by Dioxins
(Designation of Controlled Areas)
Article 29
Prefectural governors shall be able to, within the territory under the jurisdiction of the prefecture
concerned, designate as the controlled areas against soil contamination by dioxins (hereinafter
referred to as "controlled areas"), the areas where the status of soil contamination by dioxins
fails to comply with standards for soil contamination referred to in Article 7, and satisfies the
conditions established by Cabinet Order as being necessary to conduct the removal, etc., of
contamination by dioxins..
2. When attempting to enact, or revise or abolish a draft of, the Cabinet Order stipulated in the
preceding Paragraph, the Prime Minister must hear the opinions of the Central Environment
Council.3. When attempting to designate the controlled areas, prefectural governors shall hear
the opinions of the Council set forth in the provisions of Article 43 of the Basic Environment
Law , other council organizations, and heads of relevant municipalities.
4. After designating controlled areas, the prefectural governors shall, without delay, publicly
announce the designation, report it to the Director General of the Environment Agency, and
notify the heads of relevant municipalities, in accordance with an Order of the Prime Minister's
Office.
5 The heads of municipalities may request prefectural governors to designate as controlled areas
certain areas under the jurisdiction of the municipalities concerned which are applicable to the
requirements set forth by the Cabinet Order stipulated in Paragraph 1.
(Modification of the Controlled Areas)
Article 30
When the necessity arises due to any changes of the conditions which resulted in the designation
of a controlled area, the prefectural governor may modify the territory of the controlled area or
cancel the designation.
2. The provisions of Paragraphs 3 and 4 in the preceding Article apply correspondingly to the
modification of territory of a controlled area or the cancellation of the designation, pursuant to
the provisions of the preceding Paragraph.
(Plans of Measures Against Soil Contamination by Dioxins)
Article 31
Prefectural governors shall, without delay, establish Plans of Measures Against Soil
Contamination by Dioxins (hereinafter referred to as "Plans of Measures") after designating
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controlled areas.
2. Of the following Items, the necessary information shall be included in the Plans of Measures:
(1) Of the following items, the necessary information according to the status of land use within
the controlled areas, pursuant to Cabinet Order:
a. Information concerning the implementation of projects relating to the removal of soil
contaminated by dioxins
b. Information concerning the implementation of projects necessary for preventing damage
to human health connected with land use relating to soil which is contaminated by
dioxins, and other necessary measures
(2) Information concerning the implementation of projects to prevent soil contamination by
dioxins
3. When attempting to establish the Plans of Measures, prefectural governors shall hear the
opinions of heads of relevant municipalities, and hold public hearings to hear the opinions of
residents in the controlled areas.
4. When attempting to establish the Plans of Measures, prefectural governors shall discuss the
plans in advance with, and obtain the approval of, the Prime Minister.
5. The Prime Minister shall consult the heads of relevant administrative bodies, before giving the
approval referred to in the preceding Paragraph.
6. After establishing the Plans of Measures, prefectural governors shall, without delay, publicly
announce their outlines and notify the heads of relevant municipalities.
7. The provisions of the Pollution Control Public Works Cost Allocation (Law No. 133 of 1970)
shall apply to projects based on the Plans of Measures, in the case a causal relation is clear,
between the discharge of dioxins by a business establishment and soil contamination by dioxins,
based on scientific knowledge.
(Modifications to the Plan of Measures)
Article 32
Prefectural governors may modify the Plans of Measures, when such modification is considered
necessary as a result of a change in the territory of a controlled area or a change, etc., in the
status of soil contamination of the premises caused by dioxins on land within a controlled area.
2. The provisions of Paragraphs 3 through 6 in the preceding Article shall apply correspondingly to
a modifications of the Plans of Measures (excluding slight changes set forth by an Order of the
Prime Minister's Office) pursuant to the provisions of the preceding Paragraph.
Chapter 6 Government Plan for the Reduction of Dioxin Emissions
Article 33
The Prime Minister shall establish a plan to reduce dioxins released as a result of business
activities in Japan.
2. The plan referred to in the preceding Paragraph shall provide the information in the following
Items:
(1) Reduction targets relating to the estimated amount of dioxin emissions categorized by type
of business activity in Japan
(2) Information relating to measures to be taken by businesses to achieve the reduction targets
provided in the preceding Item
(3) Information relating to measures to be taken by the national government and local
governments to promote the recycling and reuse of resources, and to reduce waste which
is a cause of the generation of dioxins
(4) Other necessary information relating to the reduction of dioxins released as a result of
business activities in Japan
3. When the Prime Minister is attempting to establish the plan referred to in Paragraph 1, the said
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plan shall be deliberated by the Conference on Environmental Pollution Control.
4. The Prime Minister shall, without delay, make public announcement after establishing the plan
referred to in Paragraph 1.
5. The provisions stipulated in the preceding two Paragraphs shall apply correspondingly to
modifications of the plan referred to in Paragraph 1.
Chapter 7 Miscellaneous Provisions
(Reporting and Inspection)
Article 34
The Director General of the Environment Agency or prefectural governors may, to the extent
necessary to enforce this Law, request any person who has installed a specified facility to report
on the condition of the facility and other necessary information, or have their personnel enter a
specified business establishment to inspect the specified facility and other items, in accordance
with a Cabinet Order.
2. The collection of reports by the Director General of the Environment Agency or on-the-spot
inspections by his or her personnel referred to in the preceding Paragraph shall be conducted in
cases deemed to be urgently required to prevent damage to human health resulting from air,
water, or soil pollution by dioxins.
3. The personnel conducting on-the-spot inspections in accordance with the provisions of
Paragraph 1 shall carry identification showing their identity and present it to the relevant
persons.
4. The authority to conduct on-the-spot inspections in accordance with the provisions of Paragraph
1 shall not be interpreted as having been recognized to be for a criminal investigation.
(Exclusions)
Article 35
For any person referred in the top column of the following table, the provisions referred in the
bottom column of the said table shall not apply, with regard to facilities or business
establishments referred in the middle column of the said table. These persons shall be pursuant
to the corresponding provisions of the Mine Safety Law (Law No. 70 of 1949), the Electric
Utility Industry Law (Law No. 170 of 1964), the Gas Utility Industry Law (Law No. 51 of
1954), or the Law Relating to the Prevention of Marine Pollution and Maritime Disasters (Law
No. 136 of 1970).
(1) Any person who releases emission gas from a building, structure, and other specified
facilities prescribed in Paragraph 1 of Article 8 of the Mine Safety Law, installed in a mine
prescribed in the text of Paragraph 2 of Article 2 of the said Law (hereinafter referred to as
"mine facility") or who discharges effluent from a mine prescribed in the text of Paragraph 2
of Article 2 of the said Law, which has installed a mine facility designated as a specified
facility:
In the case of a facility to which gas emission standards apply, the specified facility
concerned, and in the case of a facility subject to effluent standards, the mine concerned:
Articles 12 through 19, Paragraphs 1 and 3 of Article 22, and Article 23.
(2) Any person who releases emission gas from an electrical structure prescribed in Item (14) of
Paragraph 1 of Article 2 of the Electric Utility Industry Law (hereinafter referred to as
"electrical structure") designated as a specified facility or discharges effluent from a factory
or business establishment which has installed an electrical structure designated as a
specified facility:
The specified facilities concerned:
Articles 12 through 19, Paragraphs 1 and 3 of Article 22, and Paragraphs 2 through 4of
Article 23.
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(3) Any persons who releases emission gas from a gas structure which is designated as a
specified facility prescribed in Paragraph 12 of Article 2 of the Gas Utility Industry Law:
The specified facilities concerned:
Articles 12 through 19, Paragraphs 1 and 3 of Article 22, and Paragraphs 2 through 4 of
Article 23.
(4) Any person who releases effluent from a factory or business establishment with a waste oil
disposal facility prescribed in Item (14) of Article 3 of the Law Relating to the Prevention of
Marine Pollution and Maritime Disasters (hereinafter referred to as "waste oil disposal
facility"), which is designated as a specified facility:
The specified facilities concerned:
Article 12 through 19, Paragraph 1 and 3 of Article 22, and Article 23.
(5) Any person who discharges effluent from factories or business establishments installing
specified facilities which are marine facilities stipulated in Paragraph 3, Article 38 of the
Law Relating to the Prevention of Marine Pollution and Maritime Disasters (excluding
waste oil disposal facilities):
The specified facilities concerned:
Article 23.
2. When the heads of the administrative bodies of the national government who have the authority
by the Laws prescribed in the preceding Paragraphs (hereinafter referred to simply as "heads of
administrative bodies" in this Article) receive requests for permission or approval, or notification
concerning a specified facility provided in the preceding Paragraph pursuant to the provisions of
the Mine Safety Law, the Electric Utility Industry Law, or the Gas Utility Industry Law, which
correspond to the provisions of Articles 12, 14, 18, or Paragraph 3 of Article 19, they shall
inform the prefectural governor who has jurisdiction over the location of the factory or business
establishment installing the special facility concerned of the information relating to the request
for permission or approval, or the notification.
3. When prefectural governors find that dioxins contained in emission gas or effluent relating to a
special facility prescribed in Article 1 are likely to cause damage to human health, they may
request the heads of administrative bodies to take measures under the provisions of the Mine
Safety Law, the Electric Utility Industry Law, or the Gas Utility Industry Law which correspond
to the provisions of Articles 15, 16 or Paragraphs 1 or 3 of Article 22 (in case of the Law
Relating to the Prevention of Marine Pollution and Maritime Disasters, the provisions of the said
Law which correspond to the provisions of Articles 15 or 16).
4. When the heads of administrative bodies take measures in response to the request made under
the provisions of the preceding Paragraph, they shall inform the prefectural governors concerned
of the measure.
(Requests for Submission of Documents, etc.)
Article 36
The Director General of the Environment Agency may request the heads of relevant local
governments to submit the necessary information or provide explanations, when deemed
necessary in order to achieve the aims of this Law.
2. Prefectural governors may request the heads of relevant administrative bodies or the heads of
relevant local governments to provide information or offer cooperation with respect to the
condition, etc., of specified facilities, or express their opinions with respect to the prevention or
removal, etc., of environmental pollution by dioxins, when deemed necessary in order to achieve
the aims of this Law.
(Directions by the Director General of the Environment Agency)
Article 37
The Director General of the Environment Agency may, when deemed urgently necessary to
prevent damage to human health by pollution of air, water, or soil by dioxins, provide the
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necessary directions to prefectural governors or the heads of cities (including special districts)
prescribed by the Cabinet Order referred to in Paragraph 1 of Article 41 with respect to the
following administrative matters:
(1) Administrative matters relating to the orders provided for in Articles 15 and 16, Paragraphs
1 and 3 of Article 22, and Paragraph 3 of Article 23
(2) Administrative matters relating to the designation provided for in Paragraph 1 of Article 29
and the modification or cancellation provided for in Paragraph 1 of Article 30
(3) Administrative matters relating to the request provided for in Paragraph 3 of Article 35
(4) Administrative matters relating to requesting cooperation or expressing opinion provided
for in Paragraph 2 of the preceding Article.
(Government Assistance)
Article 38
The national government shall make efforts to provide the necessary financial aid, technical
assistance, and other support in order to prevent environmental pollution caused by dioxins
resulting from business activities at factories or business establishments, or establish or improve
facilities to remove such pollution.
(Promotion of Research, etc.)
Article 39
The national government shall make efforts to promote research concerning technologies for the
disposal of dioxins and the effects of dioxins on human health, or other research on the
prevention and removal, etc., of environmental pollution by dioxins, and disseminate the results
of such research.
(Transitional Measures)
Article 40
In formulating, revising, or abolishing an order pursuant to the provisions of this Law, the
national government may establish certain transitional measures (including transitional measures
concerning penalties) within the extent deemed reasonably necessary for the said formulation,
revision, or abolishment.
(Administrative Tasks Conducted by the Heads of Cities Established by Cabinet Order)
Article 41
A portion of the administrative tasks that fall under the authority of prefectural governors
according to the provisions of this Law, may be conducted by the heads of cities designated by
Cabinet Order (including special districts. The same shall apply in the following Paragraph), in
accordance with a Cabinet Order.
2. The heads of cities designated by Cabinet Order stipulated in the preceding Paragraph shall
provide the prefectural governors with information which is required for the enforcement of this
Law and prescribed by Order of the Prime Minister's Office.
(Division of Administrative Tasks)
Article 42
Of administrative tasks to be processed by prefectures pursuant to the provisions of this Law,
those to be processed in accordance with the provisions of Paragraph 1 of Article 10 (excluding
those relating to the formulation of the emission reduction plan) and those to be processed in
accordance with the provisions of Paragraphs 2 and 3 of the said Article and Article 26, shall fall
under the Item (1) statutory commissioned administrative service prescribed in Item (1) of
Paragraph 9 of Article 2 of the Local Autonomy Law (Law No. 67 of 1947).
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(Relationship with Ordinances)
Article 43
The provisions of this Law shall not prevent local governments from establishing the necessary
regulations by ordinances, with regard to matters relating to emissions of dioxins contained in
exhaust released into the air by a facility to which gas emission standards do not apply, or water
discharged by a factory or business establishment to which effluent standards do not apply.
Chapter 8 Penalties
Article 44
Any person who fails to obey an order issued under the provisions of Article 15, Article 16, or
Paragraph 1 or 3 of Article 22 shall be subject to imprisonment of not more than one (1) year or
a fine of not more than 1,000,000 yen.
Article 45
Any person to whom any one of the following Items applies shall be subject to imprisonment of
not more than six (6) months or a fine of not more than 500,000 yen.
(1) Any person who violates the provisions of Paragraph 1 of Article 20 or Paragraph 1 of
Article 21.
(2) Any person who violates an order issued under the provisions of Paragraph 3 of Article 23.
2. Any person who, by negligence, commits the criminal act referred to in Item (1) of the
preceding Paragraph shall be subject to confinement of not more than three (3) months or a fine
of not more than 300,000 yen.
3. With regard to the violation referred to in Item (1) of Paragraph 1 and the preceding Paragraph,
the person who committed the violation concerned shall be penalized, only in cases where
prefectural governors have their personnel conduct on-the-spot inspection of the facility relating
to the violation concerned, within three (3) months after the date of the violation concerned,
pursuant to the provisions of Paragraph 1 of Article 34, and where, in the on-the-spot inspection
concerned, the result of measurement conducted according to the methods provided by Order of
the Prime Minister's Office do not comply with the emission standards or the total mass
emission control standards.
Article 46
Any person who fails to provide notification as required under the provisions of Paragraph 1 of
Article 12 or Paragraph 1 of Article 14 or submits a false notification shall be subject to
imprisonment of not more than three (3) months or a fine of not more than 300,000 yen.
Article 47
Any person to whom any one of the following Items applies shall be subject to a fine of not
more than 200,000 yen.
(1) Any person who fails to provide notification as required under the provisions of Paragraph 1
of Article 13 or submits a false notification
(2) Any person who violates the provisions of Paragraph 1 of Article 17
(3) Any person who fails to provide notification as required under the provisions of Paragraph 1
of Article 34 or submits a false notification, or refuses, obstructs or evades an inspection
conducted under the provisions of the said Paragraph.
Article 48
In the case the representative of a corporation, or a corporation, or representative, employee or
other personnel of a person commits a violation referred to in the four preceding Articles with
respect to the business the said corporation or person, not only the violator but also the
corporation or the person employing that person shall be fined as stipulated in said Articles.
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Article 49
Any person who fails to provide notification as required or submits a false notification under the
provisions of Paragraph 2 of Article 13, Article 18, or Paragraph 3 of Article 19 shall be fined
not more than 100,000 yen.
Supplementary Provisions
(Date of Enforcement)
Article 1
This Law shall be enforced within less than six (6) months after the date of the promulgation and
the date of enforcement shall be determined by Cabinet Order, except for the provisions referred
to in the following Items, which shall be enforced on the date provided for in each Item
concerned.
(1) Provisions in Paragraph 2 of Article 26, Paragraph 2 of Article 34, Article 37, and Article
42, and Article 5 of Supplementary Provisions shall be enforced on April 1, 2000.
(2) Provisions of Article 10 of Supplementary Provisions revising the Law Concerning
Pollution Prevention Organization in Designated Factories (Law No. 107 of 1971) which
add Item (1) to Paragraph 1 of Article 3 and Item (1) to Paragraph 1 of Article 4 of the said
Law, shall be enforced two (2) years after the day of the promulgation.
(Review)
Article 2
The Government shall promote research and study of bromine-base dioxins with regard to the
extent of their effects on human health, the process of generation, etc., and take necessary
measures based on the results.
2. The state of regulations for dioxins shall, pursuant to the aims of this Law, be reviewed based on
the level achieved by scientific knowledge at a given point in time (in the following Paragraph
referred to simply as the "scientific knowledge"), and necessary measures such as revisions shall
be taken according to the results of the review.
3. In consideration of the health risk and accumulation of dioxins in food, measures against dioxins
shall be reviewed based on scientific knowledge, and necessary measures shall be taken
according to the results of the review.
Article 3
In consideration of the characteristics involved in the generation process of dioxins, the
Government shall review the regulations regarding the structure, maintenance and management
of small-scale waste incinerators and the state of regulations for incineration of waste that is not
conducted using waste incineration facilities, and take the necessary measures according to the
results of the review.
(Transitional Measures)
Article 4
Until March 31, 2000, the Council established pursuant to the provisions of Article 43 of the
Basic Environment Law (Law No.91 of 1993), other council organizations in Paragraph 2 of
Article 11 and "the Council set forth in the provisions of Article 43 of the Basic Environment
Law, other council organizations" in Paragraph 3 of Article 29 shall be replaced by " Prefectural
Environment Councils"; "shall discuss the plans in advance with, and obtain the approval of, the
Director General of the Environment Agency " in Paragraph 3 of Article 11 shall be replaced by
"shall report the matters provided in each Item of Paragraph 1 to the Director General of the
Environment Agency, pursuant to an Order of the Prime Minister's Office. In this case, the
17
Director General of the Environment Agency may, on receiving the report concerned, provide
necessary advice or recommendations concerning the formulation of the plan concerned"; "
discuss the plan in advance with, and obtain the approval of, the Prime Minister" in Paragraph 4
of Article 31 shall be replaced by "obtain the Prime Minister's approval"; "The Director General
of the Environment Agency or prefectural governors" in Paragraph 1 of Article 34 shall be
replaced by "the prefectural governors"; and "cities designated by Cabinet Order (including
special districts. The same shall apply in the following Paragraph)" in Paragraph 1 of Article 41
shall be replaced by "cities designated by Cabinet" and "conducted by" in the said Paragraph
shall be replaced by "delegated to".
2. In the case notification has been made under the provisions of Paragraph 3 of Article 11
(including the case where Paragraph 6 of the said Article is applied correspondingly) which shall
be applied until March 31, 2000 by replacing the provisions of the preceding Paragraph, the total
mass emission reduction plan relating to the notification concerned under Paragraph 1 of Article
10 shall, after April 1 of the same year, be deemed as the total mass emission reduction plan
provided for in Paragraph 1 of Article 10 which has been approved under the provisions of
Paragraph 3 of Article 11 (including the case where Paragraph 6 of the said Article is applied
correspondingly).
(Partial Revision of the Local Autonomy Law)
Article 5
Part of the Local Autonomy Law shall be revised as follows:
The following shall be ad