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0-3-4 Introduction Waste Management Rules and Regulations in Japaan

0-3-4 Introduction Waste Management Rules and Regulations in Japaan. 17 March, 2011 JEMAI Kenzo OOKA. Wastes & material flow in FY 2007. Fuel. Unit: million tons [ ] FY 2006. Compost. Cement. Material Recycle. Other. Parts. Product. Reuse. Back to Nature. Biomass wastes.

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0-3-4 Introduction Waste Management Rules and Regulations in Japaan

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  1. 0-3-4 Introduction Waste Management Rules and Regulationsin Japaan 17 March, 2011 JEMAI KenzoOOKA

  2. Wastes & material flow in FY 2007 Fuel Unit: million tons [ ] FY 2006 Compost Cement Material Recycle Other Parts Product Reuse Back to Nature Biomass wastes Treat Selection Dewater Reduce Wastes Mineral Generated Metal Aluminum Landfill Waste Plastic

  3. Types of Waste (simplified figure) Waste generator has responsibility Municipalities have responsibility Business related Domestic wastes

  4. Municipality’s responsibilityThe domestic wastes include specially managed general wastes Business related Domestic wastes

  5. Industrial Waste Details (FY2007) Wastes generation by business Classified waste type Unit: 1000 tons Unit: 1000 tons

  6. Industrial Waste Ranking (FY2007) Wastes generation by business Classified waste type Sludge Livestock excreta(night soil) Construction waste Slag Dust Metal waste Waste plastics Wood chips Waste acid Glass & ceramic waste • Utilities:E.Power , Water etc. • Agriculture • Construction • Steel • Paper, pulp • Chemical • Mining • Ceramic etc. • Food manufacturing • Electronic

  7. Teshima Island Case (Shredder Dust) Kagawa-ken Home Page Kagawa-ken Home Page

  8. Aomori Iwate boundary case Notice were sent to 12,000 waste generators Aomori-ken Home Page

  9. Teshima case： \2000－\300＝\1700 RM80 – RM12= RM68 Metal recovery from ASR(automobile shredder residue): ASR was sold to a landfill operator RM12/ton, however, RM80 per ton was requested as shipping charge. They contended that ASR has commercial value, not wastes, and their operation is not covered by Waste regulations. It is just a camouflage and they were accused. ‘Ferosilt’ \3000－\150＝\2850RM120-RM6=RM114 Huge chemical company sold sludge mixed ‘construction soil’ RM6/ton, however, paid RM120 kickback as marketing fee. The company simply paid RM114/ton as waste disposal? Plant senior manager got two-year imprisonment and RM1.6 million fine. 9

  10. Basic waste management rules • Waste generators have strict responsibilities to manage their wastes, however, the duty to treat municipal wastes lies with local government. • Without issuing waste manifests or a written contract , the generator shall have a duty to recover any illegal dumping. • Special wastes mean being explosive, ignitable, poisonous, or infectious and may be harmful to human health or to the living environment.

  11. Penalty under Wastes laws and regulations • Until 1970s there are no major rules on wastes. • In 1977, waste treatment & landfilling business required to reporting duty. • In 1992 permission systems introduced and scheduled ‘Special wastes’ • as well as manifest system was implemented. • In case of illegal dumping; 6 months imprisonment or \500,000 fine • In 1997 • In case of illegal dumping; 3 years imprisonment or \10,000,000 fine • If the violator is an entities, penalty will be up to \100,000,000. • In 2000 • In case of illegal dumping; 5 years imprisonment or \10,000,000 fine • In 2005 In case of manifest not utilized, 6 months imprisonment or \500,000 fine • Now, in case of illegal dumping; 3 years imprisonment or \10,000,000 fine If violator is an entity; Penalty will be up to \300,000,000 (RM12million)

  12. Scheduled or hazardous waste Malaysia:Scheduled wastes • Metal and metal bearing Arsenic, lead, cadmium, mercury, chromium etc. • Inorganic constituents Asbestos, catalysts, toxic sludge, gypsum(Power plant) • Inorganic or organic Alkali(>11.5), toxic wastes, clinker, dioxin, contaminated soil, inks, paints, dye, leachate Malaysia: ‘On-site treatment facility’ means a facility located on a waste generator’s site and that is used solely to deal with scheduled wastes produced on that site, not scheduled wastes incinerators nor land treatment facilities. Special Industrial Waste • Flammable waste oil • Acid (<pH 2.0) Alkali(>12.5) • Infectious medical waste • Specified classes • PCB, Asbestos etc. • Toxic waste (ex. sludge leachable nature)mg/L MeHg(ND), Hg comp.(0.005), Cad(0,3),Pb(0.3), Org.Phosphorus(1), Crom6(1.5), Arsenic(0,3), cyanide(1), PCB(0.003), TCE(0.3), PCE(0.1),- - - - - Benzine(0.1), Selenium(0.3) Dioxins(3ng/g) What is a hazardous waste?USA RCRA: ignitability, corrosivity, reactivity and toxicity. USA: If a waste is considered solid waste, it must then be determined if it is hazardous waste. Wastes are defined as hazardous by US EPA if they are specifically named on one of four lists of hazardous wastes or if they exhibit one of four characteristics (characteristic wastes). 

  13. Wastes generated from business (Japan) Generated from all Industry Specific generatoronly (examples) Paper (printing, contractor) Wood(lumber-mill, contractor) Texture/fiber(fabric manuf.) Animal waste (slaughter) Vegetable/plant residue (food) Excreta (livestock breeder) Dead livestock (stock breeder) • Cinder (bottom ash) • Sludge (waste water) • Acid(all acid waste) • Alkali(all alkali waste) • Plastics • Rubber(not synthetic) • Metal(Fe, Al) • Glass/China • Slug • Concrete debris • Dust(chimney soot ) • Other (ex. concrete mixed wastes)

  14. Municipal wastes and a permit Municipal Wastes Business License to handle wastes and waste related facility permit Collection and transportation Selection and sorting Treatment Incinerate, dewater, neutralize, crush/pulverize, compost etc. Final disposal (landfill) Prefectures and major cities playas the primary planning, budgeting, regulating, and implementing entities for the management of solid waste, such as household garbage and some industrial wastes (general wastes generated from certain business such as paper and wood). Central and local governments have responsibilities to make better decisions in dealing with waste issues, including but not limited to maintain waste management (3R: reduce, recycle, and reuse). Wastes Collection Wastes Incineration (Reduce wastes) Solid waste landfills Facility inspection and permission - Selection and sorting facility - Facilities to incinerate, dewater, neutralize, crush/pulverize etc. - Landfills

  15. WASTE MANAGEMENT AND PUBLIC CLEANSING LAW http://www.env.go.jp/en/laws/recycle/01.pdf

  16. CHAPTER I GENERAL PROVISIONS(Purpose) Article 1 • This law is enacted for the purpose of preserving the living environment and improving public health through the restriction of waste discharge, appropriate sorting, storage, collection, transport, recycling, disposal, or the like of waste and conservation of a clean living environment.

  17. (Definitions) Article 2 In this Law, "waste" refers to refuse, bulky refuse, ashes, sludge, excreta, waste oil, waste acid and alkali, carcasses and other filthy and unnecessary matter, which are in solid or liquid state (excluding radioactive waste and waste polluted by radioactivity). 2 In this Law, "municipal solid waste" refers to waste other than industrial waste. 3 In this Law, "specially controlled municipal solid waste" refer to those municipal solid waste specified by a Cabinet Order as wastes which are explosive, toxic, infectious or of a nature otherwise harmful to human health or the living environment.

  18. (Definitions) Article 2 4 In this Law, "industrial waste" refer to the waste categories defined below: 1) Ashes, sludge, waste oil, waste acid, waste alkali, waste plastics and others specified by a Cabinet Order among all the wastes left as a result of business activity. 5) In this Law, "specially controlled industrial waste" refer to those industrial wastes specified by a Cabinet Order as wastes which are explosive, toxic, infectious or of a nature otherwise harmful to human health and the living environment.

  19. (Responsibilities of Businesses)Article 3 The businesses shall appropriately manage of, the waste left as a result of their business activities. 2 The businesses must endeavor to reduce the amount of waste by recycling or re-use of waste. The businesses shall assess the handling or processing difficulty of the waste generated when the products, their containers or whatever they manufacture, process and seller the like are discarded. - - - - - -

  20. CHAPTER III INDUSTRIAL WASTESection1 Industrial Waste Management (Management by Businesses and Local Governments) Article 11 The businesses shall be required to manage of their industrial waste by themselves. (Management by Businesses) Article 12 In a case where a business transports or disposes of their industrial waste by themselves, it shall be in accordance with the standards on the collection, transport and disposal of industrial waste specified in the Cabinet Order. 2 The business shall store the industrial waste till the time of management without hindering the conservation of the living environment in accordance with the technical standards specified in the Ordinance of the Ministry of the Environment ("industrial waste storage standards").

  21. Examples of the waste storage standards Source: Kyoto city Home Page Source: Kagawaken Home Page

  22. (Management by Businesses) Article 12 3 If businesses (including contractors of intermediate treatment etc.) are to commission anyone else to transport or dispose of their industrial waste, they shall commission to industrial waste collection and transport contractors specified in Paragraph 8 of Article 14 or someone else prescribed by the Ordinance of the Ministry of the Environment for their transport, and to industrial waste disposal contractors specified by the same Paragraph or someone else prescribed by the Ordinance of the Ministry of the Environment for their disposal. (summary articles)

  23. (Management by Businesses) Article 12 4 When businesses are to commission anyone else to transport or dispose of their industrial waste under the provision of the preceding Paragraph, they shall act in accordance with the standardsprescribed in the Cabinet Order. 5 When businesses are to commission anyone else to transport or dispose of their industrial waste under the preceding 2 Paragraphs, they shall endeavor to take the necessary action for proper management of the said industrial wastein the whole process from its generation to final disposal.

  24. (Control Manifest of Industrial Waste) Article 12-3 When businesses generating industrial waste as a result of their activities are to commission someone else to transport or dispose of those waste, that business shall issue to the party commissioned to transport the said waste a control manifest of industrial waste indicating the kind of industrial waste, its quantity, the name of the party commissioned to transport or dispose of the waste and other matters specified by the Ordinance of the Ministry of the Environment ("control manifest") at the time of delivering those waste pertaining to the said commission.

  25. (Control Manifest of Industrial Waste) Article 12-3 4 When the commissioned disposer receives a copy of the control manifest containing the effect of a completion of the final disposal - - - , he/she shall enter the effect of a completion of the final disposal in the control manifest issued in accordance with the provision of the Paragraph 1 or the control manifest forwarded, and send a copy of the control manifest to the issuer who has commissioned the said disposal, within a period prescribed by the Ordinance of the Ministry of the Environment

  26. (Control Manifest of Industrial Waste) Article 12-3 5 When the issuer receives a copy of the control manifest transmitted under the provisions of the preceding three Paragraphs or Paragraph 5 of Article 12-5, he/she must confirm on the said copy of the control manifest that the transportation or disposal has completedand keep the said copy of the control manifest for a period specified by the Ordinance of the Ministry of the Environment from the day of receipt of said transmittal.

  27. In case of ‘Paper Manifest’, 6 copies will be taken by a truck driver and the generator keeps the original copy intermediate treatment Waste Generator Landfill Flow of Wastes Flow of Manifest Confirmation by manifest Source: http://www.jwnet.or.jp/waste/manifest.shtml

  28. Paper Manifest Systems Japan Industrial Waste Technology Center Flow of Wastes Flow of Final Manifest copy Souce: Japan Industrial Waste Technology Center http://www.jwnet.or.jp/waste/manifest.shtml

  29. CHAPTER IV MISCELLANEOUS REGULATIONS (Prohibition of Dumping) Article 16 No person shall unnecessarily dump waste.

  30. THE BASIC ENVIRONMENT LAW(Law No.91 of 1993. Effective on November 19, 1993) http://home.hiroshima-u.ac.jp/er/EL_KKe.html

  31. Chapter 1 General Provisions • (Purpose)Article 1The purpose of this law is to comprehensively and systematically promote policies for environmental conservation to ensure healthy and cultured living for both the present and future generations of the nation as well as to contribute to the welfare of mankind, through articulating the basic principles, clarifying the responsibilities of the State, local governments, corporations and citizens, and prescribing the basic policy considerations for environmental conservation.

  32. (Terminology) Article 2 • 1 For the purpose of this law, "environmental load" means any adverse effects on the environment generated by human activities which may cause interference with environmental conservation.2 For the purpose of this law, "global environmental conservation" means environmental conservation regarding such phenomena as global warming, the ozone layer depletion, marine pollution, decrease in wildlife species and others which are caused by human activities and affect the environment of the entire globe or a large part of it, which contributes to the welfare of mankind as well as to the healthy and cultured living of the people.

  33. (Terminology) Article 2 • 3 For the purpose of this law, "environmental pollution" ("Kogai") means, among interference with environmental conservation, air pollution, water pollution (including a deterioration of water's unadulterated state other than the water quality and the quality of the bottom. The same shall apply hereinafter except for Article 16 Paragraph 1.), soil contermination, noise, vibration, ground subsidence, and offensive odors affecting an extensive area as a result of business and other human activities, which cause damage to human health or the living environment (icluding property closely related to human life, as well as fauna and flora closely related to human life and their living environment. The same shall apply hereinafter.)

  34. (Responsibility of Corporations)Article 81 In conducting business activities, corporations are responsible for taking necessary measures to prevent environmental pollution, such as the treatment of smoke and soot, polluted water and wastes, etc. resulting from their activities, and to propery conserve the natural environment, pursuant to the basic principles.

  35. (Responsibility of Corporations)Article 8 • 2 In manufacturing, processing or selling products, or engaging in other business activities, corporations are responsible for taking necessary measures for ensuring proper disposal of wastes generated from products and other goods related to their activities, so as to prevent interference with environmental conservation, pursuant to the basic principles.

  36. (Responsibility of Corporations)Article 8 • 3 Besides the responsibilities priscribed in the preceding two Paragraphs, in manufacturing, processing or selling products, or engaging in other business activities, corporations are responsible for making efforts to reduce the environmental loads resulting from the use or disposal of the products and other goods related to their activities; and for making efforts to use recyclable resources and other materials and services which contribute to reducing the environmental loads in their activities, so as to prevent interference with environmental conservation, pursuant to the basic principles.

  37. (Responsibility of Corporations)Article 8 • 4 Besides the responsibilities priscribed in the preceding three Paragraphs, corporations are responsible for making voluntary efforts to conserve the environment such as reduction of the environmental loads in the course of their business activities; and for cooperating with the policies implemented by the State or local governments with regard to environmental conservation, pursuant to the basic principles.

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