Basic Act on Disaster Management

In the event of an extremely anomalous and severe disaster, for which a measure to prevent it from worsening the living environment is found particularly necessary, that disaster is to be designated by Cabinet Order.

When a designation under the preceding paragraph is made, in order to treat waste (referring to waste prescribed in Article 2, paragraph (1) of the Waste Management and Public Cleansing Act (Act No. 137 of 1970 and hereinafter referred to as "Waste Management Act" in this Article); hereinafter the same applies in this Article (hereinafter referred to as "designated disaster waste" in this Article)) caused by the designated disaster smoothly and speedily, the Minister of Environment is to specify a basic guideline on the treatment of designated disaster waste (hereinafter referred to as "treatment guideline" in this Article) based on the basic policy prescribed in Article 5-2, paragraph (1) of the Waste Management Act, and release it to the public.

The treatment guideline specifies the following matters:

basic direction of the treatment of designated disaster waste;

matters concerning proper roles and ensuring mutual coordination and cooperation of the State, local governments, companies and any other relevant persons concerning treatment of designated disaster waste; and

beyond what is provided for in the preceding two items, necessary matters concerning ensuring smooth and prompt treatment of designated disaster waste.

When the designation under paragraph (1) is made, the Minister of Environment may designate the area where the treatment of waste must be made speedily as a special area for waste treatment by specifying a period.

When the Minister of Environment has designated a special area for waste treatment pursuant to the provisions of the preceding paragraph, the Minister is to specify the standards on the collection, transport, and treatment (including recycling; hereinafter the same applies in this Article) of waste to be applied to the special area for waste treatment and the standards when the collection, transport, and treatment of waste is outsourced to persons other than the municipality. In this case, these standards (hereinafter referred to as "special standards on waste treatment" in this Article) are regarded as the standards prescribed in Article 6-2, paragraphs (2) and (4), Article 12, paragraph (1), and Article 12-2, paragraph (1) of the Waste Management Act.

Notwithstanding the provisions of Article 7, paragraph (1) or paragraph (6), Article 14, paragraph (1) or paragraph (6), or Article 14-4, paragraph (1) or paragraph (6) of the Waste Management Act, the persons who perform collection, transportation, and treatment of waste as a business at the special area for waste treatment under the consignment of the local government may perform collection, transportation, or treatment of waste related to the consignment as a business without obtaining the approval under these provisions.

In the case referred to in the preceding paragraph, when the person who collects, transports, and treats the waste pursuant to the provisions of the same paragraph as a business collects, transports, and treats waste that does not meet the special standards on waste treatment, the head of a local government may instruct the person, by setting a time limit, to change the method of collection, transport, and treatment of the waste or take any other necessary measures.

When the Minister of Environment has designated a special area for waste treatment pursuant to the provisions of paragraph (4) or specified the special standards on waste treatment pursuant to the provisions of paragraph (5), the Minister must make a public notice to that effect.

When the Minister of Environment receives a request from the mayor of a municipality within the special area for waste treatment and finds it necessary for treating the designated disaster waste smoothly and speedily considering the following matters, the minister may collect, transport, and treat designated disaster waste on behalf of the relevant municipality based on the treatment guideline within the scope that does not hinder the implementation of the affairs.

system of implementing the treatment of designated disaster waste in the relevant municipality;

necessity of professional knowledge and technology concerning the treatment of the designated disaster waste; and

importance of wide-area treatment of the relevant designated disaster waste.

The provisions of paragraphs (6) and (7) apply mutatis mutandis to the case where the Minister of Environment who performs collection, transportation, or treatment of designated disaster waste pursuant to the provisions of the preceding paragraph outsources the collection, transportation, and treatment to others. In this case, the term "or paragraph (6), Article 14, paragraph (1) or paragraph (6), or Article 14-4, paragraph (1) or" in paragraph (6) is deemed to be replaced with "or."

The provisions of Article 19-4, paragraph (1) of the Waste Management Act do not apply to the Minister of Environment who has performed collection, transportation, or treatment of the designated disaster waste pursuant to the provisions of paragraph (9).

The expenses for the collection, transportation, and treatment of the designated disaster waste which the Minister of Environment performs pursuant to the provisions of paragraph (9) are borne by the State. In this case, the municipality of the same paragraph bears the amount of money calculated by deducting from the amount of the relevant expenses the amount equivalent to the amount of subsidy which the State should grant to the relevant municipality when the relevant municipality performs the collection, transportation, or treatment of that designated disaster waste by itself.

The State is to endeavor to take necessary financial measures concerning the expenses which the municipality bears pursuant to the provisions of the second sentence of the preceding paragraph.

When a disaster has occurred, persons responsible for emergency disaster control measures must endeavor to provide shelter without delay as provided for by laws and regulations or under a disaster management plan, ascertain information on the number of evacuees, the living environment at the shelter, and other conditions of the operation of the shelter, and take necessary measures for preparing the living environment of disaster victims staying at the shelter, such as ensuring the necessary safety and good habitability of the shelter, distributing food, clothes, medicine, and other goods related to daily living at the shelter, providing health and medical services and welfare services, and providing information.

In ascertaining and providing the information under the preceding paragraph, persons responsible for emergency disaster control measures must endeavor to utilize information and communications technology and other advanced technologies.

Persons responsible for emergency disaster control measures must endeavor to ascertain information on disaster victims who are unable to stay at a shelter due to unavoidable reasons and, for those persons as well, to take necessary measures for preparing their living environment, such as distributing necessary goods related to daily living, providing health and medical services and welfare services, and providing information.

In ascertaining and providing the information under the preceding paragraph, persons responsible for emergency disaster control measures must endeavor to utilize information and communications technology and other advanced technologies.

Persons responsible for emergency disaster control measures must endeavor to cooperate with one another in ascertaining information on the operation status of shelters and information on disaster victims and in preparing the living environment of disaster victims.