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.
著しく異常かつ激甚な非常災害であつて、当該災害による生活環境の悪化を防止することが特に必要と認められるものが発生した場合には、当該災害を政令で指定するものとする。
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:
処理指針には、次に掲げる事項を定めるものとする。
basic direction of the treatment of designated disaster waste;
指定災害廃棄物の処理の基本的な方向
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
指定災害廃棄物の処理についての国、地方公共団体、事業者その他の関係者の適切な役割分担及び相互の連携協力の確保に関する事項
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.
廃棄物処理特例地域において地方公共団体の委託を受けて廃棄物の収集、運搬又は処分を業として行う者は、廃棄物処理法第七条第一項若しくは第六項、第十四条第一項若しくは第六項又は第十四条の四第一項若しくは第六項の規定にかかわらず、これらの規定による許可を受けないで、当該委託に係る廃棄物の収集、運搬又は処分を業として行うことができる。
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;
当該市町村における指定災害廃棄物の処理の実施体制
necessity of professional knowledge and technology concerning the treatment of the designated disaster waste; and
当該指定災害廃棄物の処理に関する専門的な知識及び技術の必要性
importance of wide-area treatment of the relevant designated disaster waste.
当該指定災害廃棄物の広域的な処理の重要性
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.
国は、前項後段の規定により市町村が負担する費用について、必要な財政上の措置を講ずるよう努めるものとする。
Read this with the articles around it
disastermachine translation
「災害」
Damage caused by a storm, tornado, heavy rain or snow, flood, slope failure, debris flow, storm surge, earthquake, tsunami, soil liquefaction, volcanic eruption, landslide or other abnormal natural phenomenon, or by a large fire or explosion or another cause that a Cabinet Order (政令) specifies as causing damage on a similar scale.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
treatment guideline
「処理指針」
In Article 86-5, the basic guideline on dealing with designated disaster waste that the Minister of the Environment sets and publishes, in line with the basic policy under Article 5-2, paragraph (1) of the Act on Waste Management and Public Cleaning, once a disaster has been designated under that Article.
Short name set inArticle 86-5, paragraph (2)· applies only in this article
wastemachine translation
「廃棄物」
In Article 86-5, waste as defined in Article 2, paragraph (1) of the Act on Waste Management and Public Cleaning: refuse, bulky refuse, ashes, sludge, excreta, waste oil, waste acid, waste alkali, animal carcasses and other filthy or unwanted matter in solid or liquid form, other than radioactive material and what it has contaminated.
Defined inArticle 86-5, paragraph (2)· applies only in this article
Waste Management Act
「廃棄物処理法」
In Article 86-5, short name for the Act on Waste Management and Public Cleaning (Act No. 137 of 1970).
Short name set inArticle 86-5, paragraph (2)· applies only in this article
designated disaster waste
「指定災害廃棄物」
In Article 86-5, waste produced by a disaster that a Cabinet Order (政令) has designated under paragraph (1) of that Article as one where preventing the worsening of living conditions is especially needed.
Short name set inArticle 86-5, paragraph (2)· applies only in this article
special standards on waste treatmentmachine translation
「廃棄物処理特例基準」
In Article 86-5, the standards the Minister of the Environment sets for collecting, carrying and disposing of waste in a special waste treatment area, and for entrusting that work to someone other than the municipality, which are treated as the standards the Act on Waste Management and Public Cleaning provides for.
Short name set inArticle 86-5, paragraph (5)· applies only in this article