The enforcement work Inspection outline Examples of Chiba Prefecture

1. The enforcement workInspection outlineExamples of Chiba Prefecture June 2011, SOP 2 JICA Training Kenzo OOKA

2. How the enforcement work is done by the regulatory agency after getting complaints or instruction to investigate an illegal toxic dumping (and/or any non-compliance)

3. Q: Someone is burning wastes in a field and bothered by the soot and smoke How do you complain about it? How the officer in charge cope with it?

4. Q: Someone is burning wastes in a field and bothered by the soot and smoke It is basically illegal to burn waste, especially utilizing an old or small incinerator in Japan. They are advised to contact local government. (Web announcement) Followings are excluded: • Making a small wood fire such as for barbecue • Unavoidable combustion (agriculture and forestry) • Customs and religion The local government has responsibility for pollution complaint.

5. Environmental enforcement work flow Red words means duties of government officers Surrounding people Pollution or illegal action Desktop investigation or Inquiry to suspects etc. Request prosecution (indictment) File a suit against wrongdoers

6. Environmental enforcement work flow Red words means step by step duties of government officers Complaints or claims Instruction notice Measurement on-site On-site investigation Order to inspect etc. Complaints or claims

7. Environmental enforcement image Environmental enforcement work flow

8. Law enforcement in Japan Common sense comes first • Laws and Regulations • Not fully perfect rules, not always updated • Revise and amendment required so often • Law enforcement • How enforce the rules? • Penalty and Education ? • Administration (duties) • Make good use of their authority • Duty to use his/her powers • Shall submit a report to the Prefecture Governor • Specified Facility or not? • on the state of pollution and quantity of effluents for each drainage

9. Relationship of waste controlling and other laws and regulations Waste management Pollution prevention Reduce, Recycle etc. Regulations for both; • Facility & equipment • Operation • Permission • Education/Training

10. Water Pollution Control Law Article 22 (Report and Inspection) Business owners http://www.env.go.jp/en/laws/water/wlaw/ch5.html

11. (Tentative Translation) Air Pollution Control Law The purposes of this Law are as follows.One is to protect the public health and preserve the living environment with respect to air pollution, by controlling emissions of soot, smoke and particulate from the business activities of factories and business establishments; by controlling emissions of particulate while buildings are being demolished; by promoting various measures concerning hazardous air pollutants; and, by setting maximum permissible limits for automobile exhaust gases, etc.The other is to help victims of air pollution-related health damage by providing a liability regime health damage caused by air pollution from business activities. Air Pollution Control Law & Inspection The purposes of this Law to protect the public health to preserve the living environment by controlling emissions

12. (Summary Translation) Article 26 (Report and Inspection) The governor of the prefecture may, in accordance with provisions by Cabinet Order, require a soot and smoke emitting facility etc. about followings: the conditions of the specific facility, or the conditions of the general particulate discharging facility etc. accidents at the specific facility, VOCs discharging facility etc., The conditions of the designated particulate discharging activity (Inspection) The governor of the prefecture may have officials of the prefectural government enter into a factory or business establishment etc., or into the location of the planned specific construction, to inspect the soot and smoke emitting facility, or other equipment. Air Pollution Control Law & Inspection Officers of the local government can enter into a factory etc. to inspect the pollution conditions

13. Article 26 (Report and Inspection) • The governor of the prefecture may, to the extent necessary for the implementation of this Law and in accordance with provisions by Cabinet Order, require a person installing a soot and smoke emitting facility, or a person installing a specific facility in his factory or business establishment, or a person installing a general particulate discharging facility, or a designated particulate discharging person, or a person who is responsible for completion of a specific construction work to report necessary matters, such as the conditions of the soot and smoke emitting facility, the conditions surrounding accidents at the specific facility, or the conditions of the general particulate discharging facility, or the conditions of the designated particulate discharging facility, or the conditions of the designated particulate discharging activity, etc., and may have officials of the prefectural government enter into a factory or business establishment of a person installing a soot and smoke emitting facility, of a person installing a specific facility in his factory or business establishment, of a person installing a general particulate discharging facility, or of a designated particulate discharging person, or into the location of the planned specific construction, to inspect the soot and smoke emitting facility, the soot and smoke disposing facility, the specific facility, the general particulate discharging facility, the designated particulate discharging facility, the building which is concerned in the specific construction work or other equipment. • The prefectural government official who inspects under the provisions of the preceding paragraph shall take an identification card and present it to the personnel concerned in the industrial Plant or business establishment. • The authority to enter and inspect prescribed in Paragraph 1 hereof shall not be construed as those for criminal investigations. http://www.env.go.jp/en/laws/air/air/alch.html#ch5

14. Basic Inspection Content Purpose Work flow Planning Preparation Inspection Review Instruction and punishment Record Pollution Control Law & Inspection • Water Pollution • 1.Purpose • 2. Basic idea • - Plan, preparation etc. • 3. Inspection method • Detailed schedule • Detailed preparation • Facility outline • Document etc. • Water flow outline • Substances & items • Past record/report • Inspection • Do and Don’t • Equipment etc. • Input & output flow • Follow-up • Reporting & record • Instruction/order

15. 1. Purpose (ex. Of Air) Article 13 (Restrictions on the Emission of Soot and Smoke) Summary translation No person who emits soot and smoke generated by a soot and smoke emitting facility (hereinafter referred to a "soot and smoke emitting person") shall emit soot and smoke the volume or density of which fails to meet the emission standards at the outlet of the facility. Article 13-2 No soot and smoke emitting facility emitting soot and smoke at a specific factory, etc., may emit soot and smoke which fails to meet the total mass emission control standard in terms of the total volume emitted at the outlets of all the soot and smoke emitting facilities at said specific factories, etc., into the ambient air. Air Pollution Control Law & Inspection • In order to enforce Article 13 i.e., • emission standards • and the total mass emission control standard • Operation method • Pollution prevention • Volume and density • Accident /measures • Equipment/fuel etc. • Record etc.

16. Pollution Control Law & Inspection 2. Work flow

17. 3. Planning 3-1. Types of the inspection Periodical inspection (compliance) Emergency inspection Inspection for measures of an accident Inspection triggered by a complain by third parties 3-2. Follow-up inspection after an administrative instruction or orders Air Pollution Control Law & Inspection • Government notice to • Prefectures (19 Aug.1971) • Education for officers • Knowledge up-date • Measuring instrument • Soft /hard upgrading • Once a year at least • Claims by citizens • Study the details • Inquiry to polluters • Related institutions • incl. health center • and municipalities • Onsite inspection if • the case is serious

18. 3. Planning (continue) Government notice to prefectures regarding Air pollution (24 July 2007, summary translation) Article 26 (Report & Inspection) shall be executed strictly Confirm proper measurement at facilities and the measuring results should be kept (record keeping) Emission data must be checked with fuel/raw materials and its original document/measurement results etc. Collect soot and smoke concentration data (Sox and Nox) Whether the gas samples are taken under normal/regular combustion or not Recorded emission gas data are double-checked or not Air Pollution Control Law & Inspection

19. 3. Planning (continue) 3-3. Inspection plan Inspection plan shall be prepared prior year Targeted plant Based on their size, fuel, raw materials, products, hazardous substance etc. , inspection frequency shall be considered Put emphasis on; Select inspection items based on past inspection results, premises nature, regional aspects etc. Soot and smoke volume and concentration data Sulfur content in fuel Air Pollution Control Law & Inspection

20. 4. Preparation 4-1. Inspection check list It may take a few days for the inspection against larger facilities. List items/target items are based on the past inspection experience and similar inspection outcomes as mentioned before. Submitted document shall be reviewed so that the water flow and hazardous chemicals can be recognized in advance. Manufacturing process and final products etc. may indicate the potential pollutants to be inspected. Water Pollution Control Law & Inspection

21. Water Pollution Control Law & Inspection 4. Sample list, Preparation (III-44)

22. Water Pollution Control Law & Inspection 5. Inspection • More than 2 staff should join the on-the-spot inspection • Present the concrete purpose of the inspection • Ask a supervisor /PCM to join the inspection • Sampled water need to be analyzed a.s.a.p. • Things to bring with; • ID, inspection document, submitted information • Regulations • Sampling tools and containers

23. Water Pollution Control Law & Inspection 5. Inspection • More than 2 staff should join the on-the-spot inspection • Present the concrete purpose of the inspection • Ask a supervisor /PCM to join the inspection • Sampled water need to be analyzed a.s.a.p. • Things to bring with; • ID, inspection document, submitted information • Regulations • Sampling tools and containers

24. Water Pollution Control Law & Inspection 5-1. Document Inspection (waste disposal facility) 1) Entity name or title, address, area, and name of its representative 2) Place of installation of the industrial waste disposal facility 3) Type of the industrial waste disposal facility 4) Type of industrial waste (stored or disposed of at the facility) 5) Disposal capacity of the industrial waste disposal facility (or, in the case of a final disposal site for industrial waste, area and landfill capacity of the site used for landfill disposal of industrial waste) 6) In the case of a final disposal site for industrial waste, plan for disaster prevention 9) Any other matters specified by the Ordinance etc.

25. Water Pollution Control Law & Inspection 5-1. Document Inspection compliance and legality check

26. Water Pollution Control Law & Inspection 5-1. Document Inspection (water treatment facility) 11) PCM, organization and roles, reporting process 12) Operation condition, process, materials/chemicals 13) Hazardous or toxic materials 14) Treated water test results (frequency/items) 15) Surface water and groundwater analysis Analytical institution/entities details such as sampling methods and the quality control 16) Feedback to a plant manager etc. 17) Crisis management or risk managementprocedures

27. Water Pollution Control Law & Inspection 5-2. Site Inspection (water treatment facility) • Facility integrity • Facility process capacity and chemical materials use • Waste water management • Pollution preventative measures • Tanks and storage • Surroundings of the facilities • Storm water/over-flow management • Waste water treatment operations • Back washing (frequency and volume), activated carbon consumption, pH/ORP controlling, dewater etc. • Coagulant management, Sludge withdrawal, waste oil etc. • Color, odor, flock etc.

28. 5-2. Site Inspection (water treatment facility) Control equipment Electrode cleanness/purify of pH or ORP meter, calibration etc. Replacement parts of pump, blower, belt, sealing, washer/gasket etc. Alarm systems Flow and storage control of waste water Record keeping Internal inspection results treated water volume, water quality (waste water and treated water) Pathway Drainage pipes, ditch or channel, erosion/breakage, sludge, by‐pass etc. Rainwater management Recycling water Color, odor, sludge/sediment, vegetation, contingent or emergency plan Pollution Control Law & Inspection

29. 5-2. Site Inspection (water treatment facility) Sampling PCM, Supervisors, or plant managers need to attend Sampling point is a final discharging area or ground seepage points. All discharging point Simplified test on the spot, not limited to but; Transparency , pH, temperature, COD, Cl (residual chlorine ) Pollution Control Law & Inspection

30. Pollution Control Law & Inspection 6. Review

31. 7. Instruction and punishment If the facility/plant manager started improving or implementing countermeasures, and there is no concerned environmental pollution, oral or written advice or recommendation can be applied (not order). Past record shall be considered; Complaint, claim Administrative instruction etc. Criminal record etc. Air Pollution Control Law & Inspection

33. Industrial production: 6th largest prefectureabout 570 billion RM/year , 15400 billion yen (2008) Chiba prefecture (Population: 6,056,462) Manufacturing plants: 6,620 (228,369 employees) Petro 23.6%, Chemical 23.6%, and Steel 14.3% (Sales) http://www.pref.chiba.lg.jp/kouhou/profile/sangyou.html

34. Products of Chiba Agriculture and fishing business http://www.pref.chiba.lg.jp/kouhou/profile/sangyou.html

35. A World Class Concentration of Energy and Materials Industry in ChibaThe Keiyo Coastline Industrial Belt: Competitive Industry & Innovative Businesses • The Industrial Belt, a 40-km strip of densely concentrated steel plants, oil refineries, chemical plants, power generation facilities, and other heavy industry along Tokyo Bay, has been a pillar of Japan's economic growth since the 1950s and ranks as one of the world's leading concentrations of energy and materials industry. • Today it faces three big challenges (1)keeping up with low-cost competition in Asia, (2) the need to reduce CO2 emissions, and (3) Waste management. • "Energy Frontrunner Chiba" Initiative, where various companies in different industries will trade hot steam, cold temperatures, byproducts gases, and other "waste products" so that no company will throw away a resource that another company can use. The resulting leap in energy and resource efficiency is projected to lower costs, boost competitiveness, and reduce CO2 emissions.

36. Employee training • Chiba Prefecture is home to a large number of small and mid-sized businesses whose creativity and "one-of-a-kind" craftsmanship produces goods that are popular across the world. Such businesses also play a large and active role in contributing to local economies. • However, due to issues like the intensification of competition due to globalization, a shrinking domestic market due to aging population and declining birthrate, and the difficulty of finding successors, small businesses are facing a harsher and harsher environment every year. • Recognizing this, Chiba in engaged in a in a long-term small and mid-sized business vitalization strategy, under which we provide continuous support for the establishment, growth, and development of small businesses, promote the use of local resources by local businesses, and provide support in employee training and procurement, so that we can help our small businesses keep up with the changes around them.

37. Industry in Chiba Prefecture is ranked 6th in 2008. The number of business establishments was more than 6,610 and the number of employees is over 230,000. • The foremost industries are petroleum industry, chemicals industry, and steel industry. The contributing proportions for each of the above-mentioned industries to the shipment value of manufactured goods in 2008 were 23.6%, 21.0% and 14.2%, respectively, and the three industries accounted for 58.8% of the total shipment value of manufactured goods (2008 Industrial Statistics Survey). • The shipment value of manufactured goods made in the coastal areas constitutes 64.2% of the total, and that in inland area constitutes 35.8%. (Source: Results of the Industrial Statistics Survey of Commerce and Industry in Chiba Prefecture, etc.)

38. Chiba prefecture actively sought to attract big enterprises. After the Chiba steel plant of then Kawasaki Steel Corp. (now JEF) was constructed on a reclaimed site made off the coast of Chiba City in November 1950, other enterprises in the heavy and chemical industries poured into the prefecture and constructed their plants. • Since then, about 12,000 ha of reclaimed land have been completed along the 76 km of coastline between Urayasu City and Futtsu City. • In the inland area, industrial parks are being developed taking the area's strengths into consideration, and the welcoming of leading-edge industries and growth industries is actively promoted. Currently, and various enterprises, including those in processing and assembly industries, are locating their facilities there. • The shipment value of manufactured goods made in the coastal areas constitutes 64.2% of the total, and that in inland area constitutes 35.8%. (Source: Results of the Industrial Statistics Survey of Commerce and Industry in Chiba Prefecture, etc.) (Source: Results of the Industrial Statistics Survey of Commerce and Industry in Chiba Prefecture, etc.)

39. More than 100 staff controls waste problems in Chiba prefecture (62,337 staff in total, school teacher;39,302, police officer:12,595) Municipalities staff numbers in Chiba prefecture are gradually decreasing. (# excluding Chiba-city)

40. Central Government recognizes 2,675 illegal dump sites (not cleaned up) with 17260000 ton waste in total (March 2009) Red bar 1,000,000 ton Gray bar 200,000 ton http://www.env.go.jp/policy/hakusyo/h22/html/hj10020302.html#n2_3_2

41. Statement by a local governor, Ms. Akiko DOMOTO ‘ Just after I was appointed as the Chiba Governor, I was very surprised at finding lots of illegal dumping. Wastes at dump sites often caused fire and I have noticed 9 new fire cases so far. Therefore Chiba Government has intensified controlling of waste dumping. We had requested the Japanese Government for the license system (permit) and strict control against in-house landfills (such as a small or not regulated landfill in a plant site). I will do my best to control illegal dumping.’ ■The Governor and Vice Governor joined the social gathering organized on Saturday night, where the author discussed with Ms. Domoto about the enforcement work. 「千葉県知事に就任し、不法投棄の多さに驚いた。産廃置き場での火事もひんぱんに起きており、私が知事になってから９件も発生している。それで、産廃の不法投棄をきびしく取り締まるなどの対策を強めている。国に対しても、処分場設置を許可制にすることや、自社処分場に対しても法規制するなどの要望をしている。今後も、国や他の都道府県への働きかけをつづけながら、千葉県でできることは精一杯やっていきたい」　知事と副知事は懇親会の最後まで出席し、全国各地や県内各地からの活動報告に聞き入りました。 http://www005.upp.so-net.ne.jp/boso/sanpai11.htm

42. Local citizen’s meeting and the Governor The Governor of Chiba Prefecture, Ms. Akiko DOMOTO (center), joined a local citizen’s meeting and seriously listened to each and every opinion. The Vice Governor Mr. Otsuki (right photo) directed an all-night investigation of illegal dumping the day before this meeting. He exposed two cases in the middle of the night. Photo from http://www005.upp.so-net.ne.jp/boso/sanpai11.htm

43. Waste landfill problems in Chiba • Ichihara city • Several illegal dump sites were identified by local citizens but not investigated fully by the local government. • Kimitsu city • Permission was granted by Chiba prefecture in 1990, however, discharged waste water allegedly contained arsenic, lead, cyanide, and COD (40mg/L) in the downstream creek. Industrial wastes not permitted by the prefecture were identified later by local residents and by a court judge. • Narita city (Daiei town) • Near the city boundary an unlined landfill was constructed. Methane gas was generated by the landfill and carrots in the adjacent farm were heavily damaged. Chiba prefecture investigated the causation and ordered the countermeasures to the landfill.

44. Waste landfill problems in Chiba • Choshi city • Lots of cabbage died because of high temperature of the soil (60 degree, maximum) in 1993. Chiba prefecture investigated and confirmed that leachate and landfill gas migrated from the nearby landfill (15m deep points) and methane was consumed by bacteria which generated high temperature. The underground concrete wall (7.5 cm thick) eroded partially and Chiba prefecture advised to repair the wall. • Yachiyo city (city owned landfill) • Plastic liners of the landfill were damaged after 8 years from the inauguration. Leachate migration was discovered by the local paper in 2002. The city had been repaired the liners several times since 1998 without announcement. The city excavated all waste and re-installed liner systems paying 5 billion yen.