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JAPAN COAST GUARD LAWS AND REGULATIONS

 事業名 国際的海上保安業務の推進
 団体名 海上保安協会 注目度注目度5
Chapter IV-2. Regulation of Incineration of Oil Noxious Liquid Substance and others and Wastes On a Ship or at an Off-shore Facility
 
(Control on Incin eration of Oil Noxious Liquid Substance and others and Wastes)
Article 19-2-3.
No person may incinerate oil, noxious liquid substances and others or wastes (referred to as "oil, etc." in this Article and the following Article) incineration of which is prescribed in the Cabinet Order as that feared to be remarkably obstructive to the preservation of marine environment on a ship or at an off-shore facility.
2. A person who intends to incinerate oil, etc. other than those provided by the Cabinet Order under the preceding Paragraph shall incinerate them in accordance with the criteria of the incineration sea area and incineration method as provided by the Cabinet Order.
3. In a case where incineration of oil etc. takes place under the preceding paragraph, a person who intends to incinerate the oil, etc. which are specified by the Cabinet Order to pay special attention to from the viewpoint of preservation of marine environment in accordance with the provision under the preceding Paragraph, shall submit to the Commandant of the Japan Coast Guard a written application and have it confirmed that the plan for the incineration complies with the criteria prescribed in the said Paragraph prior to the loading of the oil, etc. onto the ship or to the off-shore facility or prior to the incineration when the oil, etc. are produced in the ship or at the off-shore facility.
4. The Commandant of the Japan Coast Guard shall, when he has accepted the written application of the preceding Paragraph and has confirmed that the plan for incineration complies with the criteria under the Paragraph 2, issue to the applicant a certificate of confirmation of incineration.
5. The person who has obtained the certificate of confirmation of incineration issued shall keep it on board the ship or at the off-shore facility which is employed for the incineration of the oil, etc.
6. In addition to those prescribed in the preceding three Paragraphs, necessary matters concerning confirmation such as the application form for incineration, the form of certificate of confirmation of incineration shall be provided by the Ministry of LIT Ordinance.
7. The provisions under the Paragraphs 1 to 5 inclusive shall not apply to the incineration of oil, etc. which falls under any of the following item:
(1) The incineration of unnecessary oil, etc. which arise from the daily life of the persons on boad the ship or at the off-shore facility and the other unnecessary oil, etc. which are produced in the ship on the facility provided by the Cabinet Order;
(2) The incineration of oil or wastes for the survey under the Paragraph 1 of the following Article or Paragraph 1 of Article 19-4 ;
(3) The incineration of oil, etc. loaded in a Contracting Party (excluding the Parties where the provisions for the control of incineration of wastes and other matter at sea in the "Convention of the Prevention of Marine Pollution by Dumpring of Wastes and Other Matter" have not been effective, hereafter, the same shall apply.) to be made in accordance with the provisions of the legislation of that country (excluding the incineration made in the surrouding sea areas of Japan).
 
(Survey of Incineration System and Others)
Article 19-3.
The owner of a ship or the installer of an off-shore facility shall, when he intends to emply the equiment (hereafter referred to as "incineration system") for incineration of oil, etc. specified by the Cabinet Order under the Paragraph 3 of the preceding Article (excluding the oil, etc. prescribed in the item (1), Paragraph 7 of the preceding Article, hereafter referred to as "confirmation-requiring wastes for incineration") for the first time for the incineration of confirmation-requiring wastes for incineration, have the incineration system surveyed by the Minister of LIT. The same shall apply for the first employment of the incineration system for which a certificate of survey of incineration has been issued, after the expiration of the certificate.
2. The Minister of LIT shall, as the result of the survey under the preceding paragraph when he considers that the incineration system comply with the technical standards, issue a certificate of survey of incineration system specifying type of confirmation-requiring wastes for incineration which can be incinerated by the incineration system and the method of incineration (hereafter referred to as "method of incineration, etc.") to the owner of the ship or the installer of the off-shore facility.
3. The term of validity of the certificate of the survey of the incineration system shall be two years.
Article 19-4.
An owner of a ship or an installer of an off-shore facility who has obtained the certificate of survey of incineration system shall, when he intends to make an alteration to or to repair the incineration system as provided by the Ministry of LIT Ordinance or when he intends to employ it altering the method of incineration, etc. specified for the incineration system or other cases as provided by the Ministry of LIT Ordinance, have the incineration system surveyed by the Minister for LIT.
2. The Minister for LIT shall, when he considers necessary as the result of the survey of the preceding Paragraph, alter the method of incineration, etc. specified for the incineration system.
Article 19-5.
The Minister for LIT shall, when he considers that the survey of the Paragraph 1 of the preceding Article reveals that the incineration system fails to comply with the technical standards provided by the Ministry of LIT Ordinance under the Paragraph 2 of Article 19-3. suspend the validity of the certificate of survey of incineration system until he confirms that it comes to comply with the technical standards.
Article 19-6.
The Minister for LIT may, when he considers that the incineration system fails to comply with the technical standards as provided by the Ministry of LIT Ordinance under the Paragraph 2 of Article 19-3, order the owner of a ship or the installer of an off-shore facility who has been obtained the certificate of survey of incineration system to return the certificate or to repair the incineration system.
 
(Employment of Incineration System)
Article 19-7.
Incineration system may not be employed for the incineration of confirmation-requiring wastes for incineration unless having obtained valid certificate of survey of incineration system.
2. Incineration system may not be employed for the incineration of confirmation-requiring wastes for incineration unless it is employed according to the method of incineration, etc. specified for the incineration system.
3. The provisions of the preceding two Paragraphs shall not apply to the incineration of confirmation-requiring wastes for incineration made for the survey under the Paragraph 1 of Article 19-3 and Paragraph 1 of Article 19-4.
 
(Provision of the Certificate of Survey of Incineration System)
Article 19-8.
The owner of a ship or the installer of an off-shore facility to whom a certificate of survey of incineration system has been issued, shall have the certificate of survey of incineration system on board the ship or at the off-shore facility.
 
(Incineration Record Book)
Article 19-9.
The master of a ship or the manager of an off-shore facility to whom a certificate of survey of incineration system has been issued, shall have an incineration system record book on board the ship or at the off-shore facility.
2. The master of a ship or the manager of an off-shore facility shall, every time the incineration of confirmation-requiring wastes for incineration by the incineration system and the other operation concerning handling of the confirmation-requiring wastes for incineration as provided by the Ministry of LIT Ordinance takes place, make entry in the incineration record book as provided by the Ministry of LIT Ordinance.
3. The master of a ship or the manager of an off-shore facility shall keep the incineration record book on board the ship or at the off-shore facility for two years from the day when the last entry was made.
 
(Mandate to Ministry of LIT Ordinance)
Article 19-10.
The application form of survey, the method of survey, the other necessary matters for survey of incineration system, the form of the certificate of the survey of the incineration system and issuance, re-issuance, renewal of the certificate and other necessary matters concerning the certificate, and the form of incineration record book and other necessary matters concerning incineration record book shall be provided by the Ministry of LIT Ordinance.
 
(Exception for the Incineration system Installed on board a Ship other than Japanese Ships)
Article 19-11.
The Provisions of the Paragraph 1 of Article 19-3, Paragraph 1 of Article 19-4, Article 19-6 and Paragraph 1 of Article 19-7 shall not apply to an incineration system (excluding one installed on board a Japanese ship or one that falls under the conditions provided by the Ministry of LIT Ordinance)for which a valid document which certifies that the system complys with the legislation concerning incineration systems of a Party has been issued by the Party.
2. When an application for a survey of an incineration system as prescribed in the preceding Paragraph is made, the provision in the preceding Paragraph does not exclude that the Minister of LIT has carries out survey regarding the application as one prescribed in the former half of the Paragraph 1 of Article 19-3. In this case, when the Minister of LIT has issued a certificate of survey of incineration system, the provision under the latter half of the Paragraph 1 of Article 19-3, Paragraph 1 of Article 19-4, Article 19-6 and Paragraph 1 of Article 19-7 shall be applied regardless of the provision under the preceding Paragraph.
3. As for the use of the incineration system prescribed in the Paragraph 1 (excluding one for which the provision under the preceding Paragraph applies), "specified" in the Paragraph 2 of Article 19-7 shall be read as "specified by the Government of a Party" and "certificate of survey of incineration system" in Article 19-8 and the Paragraph 1 of Article 19-9 shall be read as "document under the Paragraph 1 of Article 19-11".
Chapter V. Waste Oil Dosposal Business
 
(Approval and Report of Business)
Article 20.
When a person other than a port administrator intends to conduct oil disposal business, he shall obtain approval of the Minister of LIT for each oil disposal facility.
2. A port administrator, when he intends to conduct oil disposal business, shall report to that effect to the Minister of LIT at least sixty days prior to the date of the commencement of construction of the oil disposal facility (if construction is not required, the date of inauguration of the business).
Article 21.
A person who intends to obtain approval under Paragraph 1 of the preceding Article, shall submit to the Minister of LIT a written application which states the following:
(1) Name and address of the person who intends to conduct oil disposal business and, in case of a juridical person, name and address of the representative;
(2) The following information with respect to the oil disposal facility:
a. place of the facility (a main operational base in case of a ship which functions as an oil desposal facility);
b. sea areas where there are ships which discharge waste oil, in cases where ships or vehicles are employed in collecting the waste oil;
c. specifications of the oil disposal facility and its capacity;
d. specifications of waste oil to be disposed of.
2. The port administrator who makes report provided in Paragraph 2 of the preceding Article, shall submit to the Minister for LIT a written report which states the items provided in item (2) of the preceding Paragraph.
3. The written application of Paragraph 1 or the written report of the preceding Paragraph shall be submitted with the business program, the specification of the oil disposal facility and other documents provided by the Ministry of LIT Ordinance.
 
(Disqualification of Approval)
Article 22.
A person who falls under any one of the following items shall be disqualified to obtain approval of Paragraph 1 of Article 20:
(1) A person who was sentenced to penalty in violation of this Law and for whom one year has not elapsed since the date on which he completed its execution, or on which he became free from its execution;
(2) A person for whom one year has not elapsed since the date on which the approval of Paragraph 1 of Article 20 was cancelled in accordance with the provisions of Paragraph 1 of Article 33;
(3) A juridical person any one of whose officers who execute the business falls under any of the preceding two items.
 
(Standards of Approval)
Article 23.
The Minister of LIT shall not give the approval of the Paragraph 1 of Article 20 unless he considers that the application for the approval conforms to the following items:
(1) An appropriate program shall be formulated to carry out the business;
(2) The oil disposal facility for the business shall conform to the technical standards provided by the Ministry of LIT Ordinance;
(3) The applicant shall be capable of performing the business properly.
 
(Order of Alteration in an Oil Disposal Facility Prior to Inauguration of the Business)
Article 24.
The Minister of LIT may, when a report is made in accordance with the Paragraph 2 of Article 20 and he considers that the oil disposal facility to be put on service for the business fails to conform to the technical standards provided by the Ministry of LIT Ordinance of item (2) of the preceding Article, order the port administrator who has made the report to alter (to make repair or improvement in a case where construction is not required) the specifications of the oil disposal facility only prior to the commencement of the construction of the report oil disposal facility (or prior to the inauguration of the business in a case where construction is not required).
Article 25.
Deleted.
 
(Conditions of Waste Oil Disposal)
Article 26.
A waste oil disposal business operator (a person who obtained approval under the Paragraph 1 of Article 20 or reported under the Paragraph 2 of Article 20 hereafter the same) shall provide the conditions of waste oil disposal concerning the waste oil disposal charges and other conditions of the acceptance of waste oil disposal, and report it to the Minister of LIT in advance. The same shall apply when he alters the conditions.
2. The conditions of waste oil disposal of the preceding Paragraphs shall conform to the follwing items:
(1) The charges shall be fair and appropriate in consideration of proper costs under an efficient management;
(2) The conditions or receipt of charges and the liability of the waste oil disposal business operator shall be provided properly and expressly;
(3) Unreasonable discrimination against a specific person shall not be made.
(4) Unreasonable competetion with other waste oil disposal business operators shall not be liable to be caused.
3. The Minister of LIT may when he considers that the coditions of waste oil disposal reported by an oil disposal business operator other than port administators under paragraph do not conform to each item of the preceding paragraph order the waste oil disposal business operator to alter the conditions of waste oil disponsal with a time limit.
 
(Prohibition of the Discrimination)
Article 27.
A waste oil disposal business operator shall not unreasonably discriminate against specific persons.
 
(Alteration of Waste Oil Disposal Facility and Others)
Article 28.
A waste oil disposal business operator other than a port administrator shall obtain approval of the Minister of LIT when he intends to alter the matters of item (2) of the Paragraph 1 of Article 21, except when he makes minor alteration as provided by the Ministry of LIT Ordinance.
2. The provisions of Article 23 shall mutatis mutandis apply to the approval under the preceding Paragraph.
3. A waste oil disposal business operator who is a port administrator, when he itends to alter the matters of item (2) of the Paragraph 1 of Article 21, shall report to the Minister of LIT to that effect at least thrity days prior to the date of the commencement of works for alteration of the waste disposal facility (in a case where works is not required, the date of alteration). However, this shall not apply to the minor alteration as provided by the Ministry of LIT Ordinance under the proviso of Paragraph 1.
4. The provision of Article 24 shall mutatis mutandis apply to a case where report under the provision of the preceding Paragraph is made. In this case, the term "prior to the inauguration of the business" in the Article shall read "prior to the alteration".
5. A waste oil disposal business operator, when he has made minor alteration provided by the Ministry of LIT Ordinance under the proviso of the Paragraph 1, shall report without delay to the Minister of LIT to that effect.
 
(Alteration of Name and Others)
Article 29.
A waste oil disposal business operator other than a port administrator, when alteration in the matters under item (1) of the Paragraph 1 of Article 21 has been made, shall report without delay to the Minister of LIT to that effect.
 
(Maintenance of Waste Oil Disposal Facility and Others)
Article 30.
A waste oil disposal business operator shall maintain the waste oil disposal facility in service for the business so as to have it conform to the technical standards provided by the Ministry of LIT Ordinance under item (3) of Article 23.
2. A waste oil disposal business operator shall dispose of oil in accordance with the technical standards provided by the Ministry of LIT Ordinance concerning the method of waste oil disposal.
3. The Minister of LIT may, when he considers that the waste oil disposal facility in service for the business or the method of waste oil disposal fails to conform to the technical standards provided by the Ministry of LIT Ordinance under item (2) of Article 23 or the preceding Paragraph, order the waste oil disposal business operator to suspend the use of the waste oil disposal facility in service for the business, repair or remodel the waste oil disposal facility so as to have it conform to the technical standards, or dispose of waste oil in accordance with the technical standards.
 
(Succession)
Article 31.
When a waste oil disposal business operator other than a port administrator has been succeeded or amalgamated, the successor or the juridical person that continues to exist after the amalgamation or the juridical person which has been established by the amalgamation succeeds the status of the waste oil disposal business operator.
2. The person who has succeeded the status of the waste oil disposal business operator shall report to the Minister of LIT to that effect without delay.
 
(Suspension and Closure of Business)
Article 32.
A waste oil disposal business operator shall, when he intends to suspend part or whole of the business or close the business, report without delay to the Minister of LIT to that effect.
 
(Cancellation of Approval of Business and Others)
Article 33.
The Minister of LIT may, when a waste oil disposal business operator other than a port administrator falls under any one of the following items, order to suspend the business for a definite period of six months or less, or cancel the approval under the Paragraph 1 of Article 20:
(1) When a violation of this Law or steps taken under this Law has been committed;
(2) When the operator comes under the provisions of item (1) or (3) of Article 22.
2. The Minister of LIT shall, when he intends to order to suspend the business under the preceding Paragraph, hold a hearing regardless of the procedural classification for expressing opinions under the provisions of paragraph 1 of Article 13 of the Law for Administrative Procedure (Law No. 88 of 1993).
3. The trial on the date of the hearing on the steps taken under Paragraph 1 shall be open to the public.
4. The person in charge of the hearing of the preceding paragraph shall, when any person having interest in the steps request him to participate in the procedure concerning the hearing under Paragraph 1 of Article 17 of the Law for Administrative Procedure, permit him to do so.
 
(Private Waste Oil Disposal Facility)
Article 34.
A person who intends to dispose of oil by a waste oil disposal facility (excluding a facility of minor scale provided by the Ministry of LIT Ordinance; hereafter referred to as "private waste oil disposal facility") other than that in service for a waste oil disposal business shall report to the Minister of LIT to that effect at least sixty days prior to the date of the commencement of the construction of the facility (the date of commencement of waste oil disposal if construction is not required).
2. The provisions of the Paragraphs 1 and 3 of Article 21 shall apply mutatis mutandis to the report under the preceding Paragraph.
3. The provision of Article 24 shall apply mutatis mutandis to a case where report has been made under Paragraph 1. In this case the term "prior to the inauguration of the business" shall read "prior to the commencement of waste oil disposal".
(Provisions mutatis mutandis Applicable)
Article 35.
The provisions of Paragraph 3 through Paragraph 5 inclusive of Article 28 and Article 29 through Article 32 inclusive shall apply mutatis mutandis to the person who has reported under the Paragraph 1 of the preceding Article (hereafter referred to as "owner of the private waste oil disposal facility").
 
(Recommendation to the Port Administrator and Others)
Article 36.
The Minister of LIT may, when he recognizes that the capacity of waste oil disposal facilities which meet the public demand of waste oil disposal in a port is not sufficient and when it is necessary to prevent marine pollution by oil from a ship, recommend that the port administrator should construct necessary waste oil disposal facilities.
2. The State shall subsidize, when it is considered necessary, the port administrator who constructs or improves waste oil disposal facilities, five-tenths of the cost of the construction or improvement within the extent of the budget.
 
(Notification to the Prefectural Governor)
Article 37.
The Minister of LIT shall, when the application for approval under the Paragraph 1 of Article 20 or the report under the Paragraph 2 of the Article has been made, notify to the Prefectural Governor to that effect. However, this shall not apply when the port administrator who has made the report is the Prefecture.
2. The Prefectural Governor may, when he considers it necessary for a waste oil disposal facility in service for the waste oil disposal business operator (except when the waste oil disposal business oprator is a port administrator which is the Prefecture) or for the method of waste oil disposal, request the Minister of LIT to take measures under the provision of the Paragraph 3 of Article 30.
3. The Minister of LIT shall notify the Prefectural Governor of the measures he has taken upon request under the preceding Paragraph.








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