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:

　

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.

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.

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.

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.

　

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.

　

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.

　

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.

　

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.

　

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".

　

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).

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:

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.

　

A person who falls under any one of the following items shall be disqualified to obtain approval of Paragraph 1 of Article 20:

　

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:

　

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).

Deleted.

　

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:

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.

　

A waste oil disposal business operator shall not unreasonably discriminate against specific persons.

　

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.

　

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.

　

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.

　

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.

　

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.

　

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:

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.

　

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".

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").

　

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.

　

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.