일본 토양오염대책법상 오염토양의 반출 규제와 법정책적 시사점

Abstract

A number of problems were raised in the process of enforcement of Japanese 「Soil Contamination Countermeasures Act」enacted in 2002. In particular, the biggest problem brought up from the time of enactment is the fact that the regulation on Transportation of Contamination Soil was not clearly provided legally. In addition, a person who intends to change the form and quality of land has to be confirmed as per provided by Minister of Environment about whether contaminated soil is properly processed or not, but in case a transporter is different from the person who intends to change the form and quality of land, such a duty is not imposed to the transporter. At length, this legislative incompletion let the transported contaminated soil be treated improperly in a landfill etc., or leave it to be dumped secretly at night or undone. Even in the ground shaping, there appeared a case where fill-up materials were mixed with contamination soil. So the law was revised to prevent transported contamination soil from spreading and secure a proper treatment. The concrete content ① the duty to report in advance in taking out polluted soil outside regulated zone, ② transport of polluted soil according to transport standard, ③ the legal duty to distribute and preserve management chart as to transport soil, ④introduction of permit system as to treatment business of contamination soil etc. As contamination soil is expected to witness an improper process like illegal dumping etc., it requires to clarify the regulations and set up the structure where the related persons treat it with responsibility from the transport to the final disposition. In this respect, the regulations in taking out contamination soil, the duty to distribute and preserve the management chart as to transport soil, and the startup of permit system as to contamination soil treatment business etc. which as the affairs reflected in the revision of laws in Japan in 2009 can cast a great suggestion to us. Especially, it is thought that we should review the following two categories positively. First, the regulations as to the transport including transport standard of contamination soil is to be defined in the legislation regarding regulations more positively. Second, it is necessary to actively review to convert the purification business to execute transport cleaning or the cleaning facilities into the more reinforced permit system.