The Future of the Soil Remediation Act of 2001 2001 03 80

Cases of soil environmental contamination due to redevelopment of former factory and research institute sites are becoming apparent.

Cases of soil contamination due to redevelopment of former factory and research institute sites are becoming more and more apparent. According to the results of a survey conducted by the Environment Agency, of the 659 cases of soil pollution (accumulated since FY1991) identified by prefectures by the end of FY1998, 292 cases were found not to be in compliance with soil environmental standards, of which 111 cases were identified in FY1998 alone.

However, the only legal systems currently in place in Japan for soil environmental preservation are the Law Concerning Prevention of Soil Contamination on Agricultural Land, the Law Concerning Special Measures against Dioxins (measures related to contaminated soil), and the Water Pollution Control Law (regulations on groundwater infiltration and orders for cleanup measures). The Law Concerning Prevention of Soil Contamination in Agricultural Land covers cadmium, copper, and arsenic, and the Law Concerning Special Measures against Dioxins covers cadmium, copper, and arsenic in agricultural land. The Law Concerning Special Measures against Dioxins obliges prefectures and other entities to implement measures to treat dioxins on all land and to bear the costs for those who cause pollution. The Water Pollution Prevention Law allows prefectural governors to order the implementation of treatment measures for cadmium and 23 other substances on all land to those who cause pollution.

However, each of these laws is weak as a system in terms of target areas, target substances, and cleanup obligations. In particular, some local governments have established ordinances for urban areas, but with the exception of dioxins, there is no obligation to clean up.

The "Study Group on the System of Soil Environmental Conservation Measures" (in charge: Soil Environment Division, Water Environment Department, Environmental Management Bureau, Ministry of the Environment) has been studying the soil contamination countermeasure system for urban areas since the end of 2000, including how the cost should be borne. The four main issues to be discussed are: 1) how to identify contaminated sites and investigate soil contamination, 2) how to assess the environmental risk of soil contamination, 3) how to deal with treatment measures, and 4) how to manage information.

For item 1., since most of the contaminated soil in urban areas is privately owned land, a system necessary for identifying and investigating soil contamination will be studied; for item 2., in addition to the current environmental standards, new guideline values (e.g., criteria for initiating countermeasures and purification standards) will be set based on environmental (health) risks; and for item 3., based on the study of item 2., a system for identifying and investigating contaminated land will be developed. 3. will examine how to organize countermeasure technologies and systems according to contaminants and the actual state of contamination, based on the studies described in 2. In section 4, a registration system for information on contaminated sites, such as the National Priorities List (NPL) for rice, will be an important issue.

For now, the goal is to submit a "Law on Urban Soil Contamination Countermeasures" (tentative name) to the Diet in 2002. However, the schedule for the study and the prospects for its enactment into law are currently blank, as there are many difficult issues to consider. The content of the law is expected to be based on the PPP principle (Polluter Pays Principle), modeled after the U.S. Superfund Law and other laws, and will be tailored to domestic conditions. However, the specifics such as the scope of polluters (retroactivity), whether public funds will be used, and the retroactivity of pollution prior to the enforcement of the law will depend on further discussions.

If the law imposes a cleanup obligation, it is expected that public funds for treatment measures will be established at the time the law comes into effect from a practical standpoint. It is also expected that related laws such as the "Waste Disposal and Public Cleansing Law" (proper management of final disposal sites after landfill disposal) and the "Law Concerning Special Measures against Mining Pollution from Metal Mining and Other Industries" will also be considered for revision.

At present, the study group is in the process of discussing environmental standards and how risks are perceived, and holding hearings with relevant parties. Requests made to the government at the hearings include support for countermeasure costs, including preferential tax treatment, support and guidance for the development of investigation and remediation technologies, and a mechanism for an incentive-based information disclosure system.

Soil contamination investigations are expected to become common regardless of the legal system through real estate transactions, securitization, and the issuance of site assessment standards, but the establishment of a legal system, including a support system, is key to the actual cleanup process. Whether the purification business, which is said to have a potential market of 13 trillion yen, will flourish at once will depend largely on how the system is organized.

An interim report from the study group is expected to be compiled by summer.