0-3-3 The Soil Contamination Countermeasures Law

1. 0-3-3 The Soil Contamination Countermeasures Law １６　March 2011 KenzoOOKA JEMAI

2. Soil & Land contaminationBasic Law of Environment and Relevent Legislation in Japan Regarding laws and regulations , this is an unofficial translation. Only the up-dated original Japanese texts of laws and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations. The Government of Japan as well as JICA and JEMAI shall not be responsible for the accuracy, reliability or currency of the legislative material provided on the slide presentations, or for any consequence resulting from use of the information on the presentations. For all purposes of interpreting and applying the law to any legal issue or dispute, users should consult the original Japanese texts published by the Government of Japan .

3. 0-3-3 The Soil Contamination Countermeasures Law Soil Pollution Contaminated soil gradually accumulates hazardous substances. In recent years, an increasing number of urban soil contamination cases are found during redevelopment work of former factories and research facilities. There were as many as 134 of such cases in FY 2000. The Soil Contamination Countermeasures Law was established in May 2002 and implemented on February 15, 2003, to carry out measures against soil pollution such as getting an accurate picture of the current state of soil pollution and prevention of harm to human health caused by soil pollution.

4. Article 1(Purpose) • Article 1 (Purpose) The purpose of this Act is to facilitate the implementation of counter-measures against soil contamination by formulating measures to apprehend (understand) situations of soil contamination by Designated Hazardous Substances and measures for the prevention of harmful effects on human health by such contamination, and thereby to protect the health of the citizens.

5. Article 2(Definitions) • Article 2 (Definitions) (1) The term "Designated Hazardous Substance" as used in this Act means any substance, including but not limited to lead, arsenic, trichloroethylene, and like substances (but excluding radioactive substances), which is designated by the Cabinet Order as being likely to bring harmful effects on human health because of the existence of such substance in soil. (2) The term "Soil Contamination Investigation" as used in this Act means the investigation of soil contamination by any Designated Hazardous Substance, which is conducted pursuant to paragraph (1) of Article 3 and Article 4 of this Act.

6. Target substances (specified hazardous substances): Health effects resulting from the direct intake of contaminated soil —heavy metals, etc. are believed to accumulate in high concentration for a long time in surface soil Health effects resulting from the pollution of groundwater —the dissolution standard in the EQSs for soil, which was established on the premise of drinking the groundwater, etc.

7. Pollutants and the related industry Source: Ministry of the Environment, Japan

8. Surveys legally obligated • When a specified facility using hazardous substances is abolished • Development or redevelopment sites over 3000m2 potentially considered as the contaminated land by local governors • When the prefecture determines that health damages may result from soil contamination

9. １3,000 m2≦ Excavation ＋Earth filling area Excavation ：1,000 m2 Earth filling ：2,000 m2 ただし、盛土のみは例外 盛土 面積：3,000 m2 Sites over 3000m2 • Prior to the land development the local authorities need to review the plan ※２　Exceptions ①None of following conditions A. Carry out the contaminated soil out of the site B. Release or migration of the soil pollutants C. Excavation deeper than 50 cm ②Activities related to agriculture etc.

10. Survey & report in charge • Landowners (owners, managers, or occupants) • Designated organization (designated by the Minister of the Environment) with a qualified engineer conducts the survey • Need to pass the national examination

11. Article 3(Investigation of Land Used as a Specified Facility Using Hazardous Substances) Article 3 (Investigation of Land Used as a Site for a Plant or Workplace for an Abolished Specified Facility Using Hazardous Substances) (1) Any person who is the land owner /occupier etc. of a plant or workplace pertaining to a Specified Facility shall have a person designated by the Minister of Environment conduct an investigation of the situation of contamination of the soil of the land by Designated Hazardous Substances in the manner provided in the Ordinance of the Ministry of the Environment, and shall report its results to the governor. However, the forgoing requirement shall not apply to any person who has received confirmation by the governor that there are no threats on the said site for its scheduled use that no harmful effects on human health will be caused by the soil contamination by Designated Hazardous Substances.

12. Official method of soil investigation in Japan Heavy metal inspection mesh 成沢原図 Selection of contaminated sites (yellow: polluted) １０ｍ １０ｍ 10m mesh, in case of non-manufacturing land= 30m mesh 12

13. Examples of really cotaminated parts/area Heavy metal Inspection case 成沢原図 指定区域の選定 １０ｍ １０ｍ １０ｍの格子状で行った調査により指定区域が決定される kenzo@ooka.name 13

14. Gas sampling method (VOCs) by the law Other land non-manufacturing land Ex. parking, garden etc. (Less possibility) （30m by 30m） Land belong to plant or workplace etc. Potentially contaminated land (Possibility of land contamination is higher ) （10m by 10m）

15. Soil Gas Sampling Simple gas test No legal method • Identify the underground VOCs by sampling shallow soil gas located in depth about 0.8～1 m (No need to excavation) • Further test is required in case of VOCs positive case • Down to 10 m depth Gas detector tube

16. Soil Sampling (Heavy metal etc.) • Surface soil shall be sampled and then soil testing • Depth= 50 cm • (Concrete cover and piping should be excluded to collect 50 cm soil samples)

17. Soil sampling (Heavy Metals) by the law Land belong to plant or workplace etc. Potentially contaminated land (Possibility is higher ) （10m by 10m） Other land non-manufacturing land Ex. parking, garden etc. (Less possibility) （30m by 30m or less） In case 9 blocks Less than 9 blocks

18. Soil sampling locations Ground Ground Below 5cm fm ground Concrete cover Gravel 5cm thick 5～50cm 5~50cm

19. Whether the state of soil contamination complies with the standard stipulated for the specified area Not in compliance Designated as specified area The prefecture makes designation and announcement, records in the ledger of specified area and posts public notice

20. [Measures to remove contamination] [Regulate change in the form of land] ・When the prefecture determines that health damages may result from soil contamination in the specified area, the prefecture will order the polluter (landowner when the polluter is not known) to take measures to remove the contamination

21. [Regulate change in the form of land] • ・The person who wants to change the form of land in a specified area must notify the prefecture • ・When the change is not appropriate, the prefecture can order the change of plan

22. [Risk from direct intake] 　① Off limits　② Paving　③ Fill with soil 　④ Change soil 　⑤ Remove contaminated soil (purification) [Risk from drinking of groundwater] ① Assess the quality of groundwater ② Stop dissolution ③ Containment (original location, seepage control, blocking) ④ Remove contaminated soil (purification)