ANMC21 Joint Project:
Promotion of Environmentally Sound Waste Management andResource Recycling

Legislative System of Waste
Management in JapanYASUHISA TSUKADA
Waste Management Division
Bureau of Environment
Tokyo Metropolitan Government

1.
1. System
System ofof Government
Government
The Constitution of Japan The Diet shall be the highest organ of state power, and shall bethe sole law making organ of the State.(Art.41)
 Executive power shall be vested in the Cabinet.(Art.66)
 The whole judicial power is vested in a Supreme Court and insuch inferior courts as are established by law.(Art.76)

1SystemSystem ofof Government
Government inin Japan
Japan(1)(1)
Legislative

Separation ofPowers

Dietchecks andbalanceselectionSovereignty

Citizen
Executive

Cabinet2checks andbalances
popularreview

publicopinion
checks and balances

Judiciary

CourtsSystem
System ofof Government
Government inin Japan
Japan(2)(2)
Relationship between the Diet and the Cabinet
 The cabinet shall be collectively responsible to the Diet.
 The Diet chooses the prime minister from among its members.
 The House of Representatives has the right to resolve a motionof no confidence against members of the cabinet.
Relationship between the Cabinet and the Courts
 The Cabinet appoints all members of the Supreme Court.
 The Courts can investigate the decisions of the Cabinet forlegality.
Relationship between the Courts and the Diet The Courts can investigate the constitutionality of laws enactedby the Diet.
 The Diet can initiate impeachment proceedings to dismiss ajudge.

3

SystemSystem ofof Local
Local Government
Government(1)(1)
Legal status 《《TheThe Constitution Art.92-94》
Art.92-94》
 Regulations concerning organization and operations of localpublic entities shall be fixed by law in accordance with theprinciple of local autonomy.
 The local public entities shall establish assemblies as theirdeliberative organs, in accordance with law.
 Local public entities shall have the right to manage theirproperty, affairs and administration and to enact their own
regulations within law.
Local entities 《《PrefecturesPrefectures and Municipalities》
Municipalities》
 Prefectures are the upper-level local entities comprisingmunicipalities.
 Municipalities are primary level local entities which takecharge of all local administration.

4SystemSystem ofof Local
Local Government
Government(2)(2)
JudiciaryCentral Government

Ministries

Courtsinducement
through subsidy
Executive

GovernorMayorelectiondemand for
dismissal
5checks byjudgment
Legislative

checks and balances
Sovereignty

Citizen

Assemblyelectiondemand for
dismissal

2.
2. Legislative
Legislative System
System ofofWaste
Waste Management
Management
Fundamental Law for Establishment of a SMC Society
The purpose of this law is to promote comprehensively andsystematically the policies for the establishment of a Sound
Material-Cycle Society and thereby help ensure healthy andcultured living for both the present and future generations of thenation, through articulating the basic principles on theestablishment of a SMC Society, in conformity with the basic
philosophy of the Basic Environment Law, clarifying theresponsibilities of the State, local authorities, businesses andcitizens, and articulating fundamental matters for making
policies for the formation of a SMC Society, including those forestablishing the fundamental plan for establishing a SMC Society.
6History
History ofof JapaneseJapanese Legislation
Legislation(1)(1)
1900 Public Cleansing Law
1954 Sanitation Law
1970 Waste Management Law(Waste(Waste Management
Management andand Public
Public CleansingCleansing Law)
Law)

1991 Law for Promotion of Utilization ofRecycled Resources
1995 Containers and Packaging
Recycling Law
1998 Home Appliance Recycling Law
7

History
History ofof JapaneseJapanese Legislation
Legislation(2)(2)
2000 Fundamental Law for Establishinga Sound Material-Cycle Society
Law for the Promotion of Effective
Utilization of Resources(amendment(amendment ofof "Law"Law forfor Promotion
Promotion ofof Utilization
Utilization ofof Recycled
Recycled Resources")
Resources")

Construction Material Recycling Law
Food Waste Recycling Law
2002 End-of-Life Vehicle Recycling Law
Protecting public health(1900〜)(1900〜)

Ensuring good living environment (1970〜)(1970〜)
8Encouraging resource recycling(1991〜)(1991〜)LegalLegal Framework
Framework
Fundamental
Fundamental Law
Law forfor Establishing
Establishingaa SoundSound Material-Cycle
Material-Cycle SocietySociety
Law for the Promotion ofWaste Management Law Effective Utilization of Resources

Containers and Packaging Recycling Law
Home Appliance Recycling Law
Construction Material Recycling Law
Food Waste Recycling Law
End-of-Life Vehicle Recycling Law
9WasteWaste Management
Management Hierarchy
Hierarchyunder
under thethe Fundamental
Fundamental Law
Law
Basic principle for the sound material-cycle

society:
1. Source reduction or waste prevention
2. Reuse
3. Recycling
4. Thermal recovery
5. Appropriate disposal

Extended producer responsibility: EPR
10

TheThe soundsound material-cycle
material-cycle societysociety
A society where the consumption of natural resources is minimized and theenvironmental load is reduced as much as possible through implementation of 3R
measures and appropriate disposal.
Minimize the consumptionof natural resources

1st: Reduction
Reduce wastes

Input of Naturalresources
Production(manufacturing/distribution, etc.)
3rd: Recycling
Recycle things whichcannot be reused

Consumption
Treatment(recycling,incineration, etc.)

5th: Appropriate
disposal

11

Final
disposal(landfill)Discarding

4th: Thermal
recovery

2nd: Reuse
Use things
repeatedly

Law
Law forfor thethe Effective
Effective
Utilization
Utilization ofof Resources
Resources
The law provides that designated industries andmanufactures should encourage, following thestandards set by the ministry: reducing by-products,
 utilizing recycled resources, reducing waste from end-of-life products,

e.g. making products that are resource-saving, durable, easily repaired, etc.,
 making products that are easily recycled,
or manufacturing them reusing parts,
12 labeling products for promoting recycling, kib k d f lifd

Personal
Personal Computers
Computers
Manufacturers
Manufacturers have
have been
been required
required toto collectcollect andand recycle
recyclecomputers
computers discharged
discharged fromfrom households.
households.
Computers
Computers sold
sold onon oror afterafter October
October 1,1, 2003,2003, andand discharged
discharged
fromfrom households
households are,are, inin principle,principle, toto be
be collectedcollected atat
designateddesignated collection
collection spots,spots, free
free ofof charge,charge, andand recycled.
recycled.

Users
Users

((Households)
Households)

Japan
Japan Ｐｏｓｔ
Ｐｏｓｔ
R
ecycling ｆａｃｉｌｉｔｉｅｓ
Recyclingｆａｃｉｌｉｔｉｅｓ
designate13

responsible for collecting
collecting
and recycling

Manufactures
Manufactures

Classification
Classification ofof Wastes
Wastesunder
under thethe Waste
Waste Management
Management Law
Law

Waste

General Waste
Municipal solid waste,human waste, etc.

Household Waste
General Waste
from Businesses
Commercial waste,
waste from offices, etc.

Industrial Waste
20 items designated by law and decree,
such as sludge, plastics, metals, waste oil,C&D debris, etc.
General/Industrial Wastes Under Specific Control

14

Hazardous wastes such as PCBs, asbestos,
infectious waste, flammable waste, etc.

RolesRoles ofof National/Local
National/Local Governments
Governments
under
under thethe Waste
Waste Management
Management Ｌａｗ
Ｌａｗ
National Government
 Defining national waste management policy,
 Setting standards for the appropriate waste management,
 Financial and technical support to the local government, etc.
Prefectures Establishing regional waste management program, Ensuring the appropriate management of industrial waste,
 Authorization for industrial waste treatment agents,
 Authorization for waste treatment facilities and landfills, etc.

15Municipalities
 Establishing municipal general waste management program, Authorization for general waste treatment agents,
 Treatment of municipal solid waste & human waste, etc.

Responsibility
Responsibility forfor Waste
Waste Management
Management
under
under thethe Waste
Waste Management
Management Ｌａｗ
Ｌａｗ
 The business shall appropriately dispose of
the waste left as a result of their businessactivities. (Article 3, paragraph 1 of the Law)
 The municipalities shall collect, transport anddispose of municipal solid waste in theirmunicipal areas before they interfere withthe conservation of the living environment,
according to the municipal solid waste
management plan. (Article 6-2, paragraph 1 of the Law)
16

Flow
Flow ofof Industrial
Industrial Waste
Waste Treatment
Treatment
Industrial
Waste
Generator ofIndustrial Waste

Permitted
Permitted
Transporter
Transporter

Building Contractors

Manufacturers
Manufacturers
Hospitalsetc.
Hospitals

17

IndustrialWaste

Licensed
Treatment
Facility Permitted
Permitted

Transporter
Transporter¾Dehydration¾Pulverization¾Incineration etc.

Licensed
LandfillManifest
Manifest SystemSystem

Businesses who generateindustrial wastes must checkthat the waste have been
disposed of properly.

Business who generates the industrial waste
WASTE

MANIFEST

Transporter
WASTE

Treatment Facility
WASTE

Transporter
WASTE

Landfill site
18

MANIFEST

Confirmation of
final disposal

Containers
Containers andand Packaging
Packaging Recycling
Recycling Law
Law
Cans and glass bottles
are sold.
Households
Households

Municipalities
Municipalities

Recycling
Recycling PlantsPlants
recycling costs

packagingpackaging wastes
wastesPET
PET Bottles,
Bottles,
Steel
Steel Cans,
Cans,
Aluminum
Aluminum Cans,
Cans,
Glass
Glass Bottles,
Bottles,
Plastic
Plastic Bags,
Bags,
Wrapping
Wrapping Paper
Paper,, etc.
etc.
19

responsible forseparate collection

JCPRA
JCPRA
Japan
Japan Containers
Containers andand
Packaging
Packaging Recycling
Recycling
AssociationAssociation

recycling costs
responsible forrecycling

Producers
Producers
Producers
Producers ofof PETPET Bottles,
Bottles,
Bottling
Bottling Companies,
Companies, etc
etc

Home
Home ApplianceAppliance Recycling
Recycling Law
Law

HouseholdsHouseholds

Retailers
Retailers

costs
HomeHome Appliances
AppliancesAir
Air conditioner,conditioner,
TVTV set,
set,
Refrigerator,
Refrigerator,
Washing
Washing machinemachine20

responsible fortaking backresponsible forrecycling

Designated
Designated Places
PlacesRecycling
Recycling Plant
Plant

Manufactures
Manufactures

Construction
Construction Material
Material Recycling
Recycling Law
Law※※ Construction
Construction works
works toto be
be regulated
regulatedzz Demolition
Demolition ofof aa buildingbuilding :: ８０m
８０m22 oror more
more （total（total floorfloor space)
space)
zz Construction
Construction ofof aa newnew buildingbuilding oror extension
extension :: ５００m
５００m22 oror moremore （total（total floorfloor space)
space)
zz Repairing
Repairing or
or Remodeling
Remodeling ofof aa buildingbuilding :: １００million
１００million yen
yen oror moremore (contracting(contracting fee)fee)
zz Other
Other construction
construction work
work :: ５million
５million yen
yen oror moremore (contracting(contracting fee)
fee)

Governor (Mayor)
Prior notificationtneilC

Explanation gnitroS

Written report

Ａｄｖｉｃｅ ,Order ,Inspection etc

Contractor
Concrete
Asphalt concrete
ＷｏｏｄOthers

21RecyclingFood
Food Waste
Waste Recycling
Recycling Law
Law
All Food-related businesses engaged in manufacturing anddistributing food products or providing restaurant services
shall carry out recycling of food waste (through preventionof waste generation, and reduction of final disposal), andraise the recycling rate up to 20 %.
Ministerrecognition

Exception to theWaste Management
Law (Exemption frompermission for thewaste businesses)
22Recyclingplans

Food-relatedbusinesses

food waste,etc.

Recyclingbusinesses

Agricultural
products

manure,etc.

Agriculture,forestry, etc.

End-of-Life
End-of-Life Vehicle
Vehicle Recycling
Recycling Law
Law
Collecting and recycling CFCs, airbags andshredder dust from ELVs that are manufactured
and imported by themselves.
Used parts market
and recycled metal
marketAirbags

Shreddingbusinesses

Obligation todeliver

Auto-dismantlingbusinesses

Obligation to deliver

Capital managementcompanies
Recyclingfee
23

CFC-collecting
businesses

Obligation to deliver

ELV-collecting
businesses

Obligation to deliver/take back ELVs

Car owners

Used carCar owners(new car)

Recycling feeCFCs

Recyclable parts

Metal,
etc.

shredderdust

Manufactures
Importers
CFC：chlorofluorocarbon

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