Institute for Global Environmental StrategiesTowards sustainable development - policy oriented, practical and strategic research on global environmental issues

Lessons learned from Japan on Soil Contamination Policy and Implementation

Masanori KobayashiCoordinator

Nusa Dua, Indonesia24 – 26 November 2008

AECEN Regional Forum

Ashio Copper Mine PollutionCopper mining intensified in 19th Century

Iron Oxide – Sulfuric Acid 　contaminated areas

Sickness exemplified by ophthalmic disorder illness and killed over 1,000

Developed law and institutional mechanisms for tackling soil contamination – brown field

In 2002, Japan enacted the Soil Contamination Countermeasures Act that has been developed based on the lessons drawn from Europe and North America taking into account Japan’s socio-economic conditions,

5 year review have been conducted, and further reforms were recommended,

Prefecture government has adopted more stringent ordinance thereby obliging a seller of over 1,000 ha. to conduct soil contamination survey.

Mechanism of soil contamination

Underground water

contamination

Soil contaminationIllegal

dumping

Effluent from factories

Toxic substance flows through air, water, agricultural crops and fish → 　 health damage/ecosystem damage

Objective

To implement countermeasures to soil contamination for protecting health through assessing contamination and preventing the damage of human health

Survey- At the time of abandoning the facility using toxic substance (Art.3)- When the prefectural government detects the risk of damaging human health by soil contamination (Art.4)

DesignationWhen contamination exceeds the standard, the site is designated under the Act, and it is publicly announced (Art.5)

Restriction on land and its use changeObliged to report to the prefectural government and to be regulated (Art.9)

Removal of contaminationPolluters or owners obliged to remove contamination and cleanse soil (Art.7)

Japan’s Soil Contamination Countermeasures Act

Key Provisions

Japan’s Soil Contamination Countermeasures Act

Performance (Feb. 2003 – Feb 2008)

Surveyed land sites 898 cases

Designated sites 259

Sites declared to require contamination removal 63 (33 removed, 30 in the process of removal or under consideration, 0 – no action)

Sites declared not to require contamination removalW196 (111 treated, 62 in the process of treatment or under consideration, 23 – no action)

Lifting the designation of sites under the Act 128

Surveyed site cases

Feb 2003 Act enacted

1991 Soil contamination

standard was set

Cases that exceed the standards

Cases that remain within the standards

Number of surveyed site cases

Number of surveys in 2006

Surveyed

14,032 cases

Voluntary 86%

Obliged by ordinances

11%

Obliged by the Act 3%

Undertaken measured

Entrance prohibition

Measuring underground water quality

Covering

Containment

Cleansing at the site

Removal of contaminated

soil

No. of cases

Whereabouts of removed contaminated soil

Removed contaminated

soil

Storing facility

Non-certified treatment

plant

Final disposal

Certified treatment

plant

Cement factory

Various supporting measures

Real estate – soil contamination risk/cost is integrated in the land price

Finance – when making loans, financial institutions take into account the soil contamination risk/cost

Accounting – soil contamination risk/cost is accounted in the financial statement

Financial assistance to soil contamination

countermeasures

Governmental contricutions Fund

Prefectural Government

Non-governmental contributions

Land owner

Recent lawsuit case – Seiko Epson vs Ohji PaperSE bought land from Ohji P and it turned out that the soil was c

ontaminated with dioxin and PCB

SE estimates that 9,200 tons of contaminate soil would require removal/cleansing

Have taken measures to remove/cleanse contaminated soil

Sought 640 million JPY(6.4 million USD) for damages

Declared on 8 July 2008 that Ohji must pay 589,75850 (5.9 million USD)

Future challenges○Promoting rational countermeasures based on the type of risks

・ Categorizing designated sites, and disseminating info on the status

・ Assessment based on land use types

・ Checking countermeasures plans

○Economic instruments

・ City planners, real estate agents, accountants

○Scope of Act

・ For preserving safe and comfortable land

○Information sharing mechanisms

・ Management sheet on removed soil

・ Enforcement measures on illegal cases

○Ensuring sound treatment of removed soil

○Enhancing accuracy/credibility of surveys and countermeasures

○Prevention of soil contaminationhttp://www.env.go.jp/water/dojo/sesaku_kondan/rep080331/gaiyo.pdf