JP Soil Contamination Countermeasures Act — Notification System for Changes in Land Use
ENFORCEMENT TIMELINE
Enacted April 1, 2019
Overview
The notification system for changes in land use under the Soil Contamination Countermeasures Act requires prior investigation and notification whenever a change in land use above a certain scale, such as excavation or filling, is planned, aimed at preventing health damage to people from soil contamination and ensuring that contaminated soil is properly managed.
Beyond the decommissioning of designated facilities that use hazardous substances, the system also promotes the early detection and management of soil contamination risk when land is redeveloped, such as former factory sites.
Enforcement Timeline
2002: The Soil Contamination Countermeasures Act is enacted, taking effect in 2003.
2009: The amended act is enacted, establishing prior notification for changes in land use of 3,000 square meters or more and creating an investigation order system.
2017: A further amendment is promulgated, strengthening requirements for sites of designated facilities that use specified hazardous substances to a threshold of 300 square meters or more, reaching full implementation in 2019.
Business Impact
Businesses undertaking a change in land use of 3,000 square meters or more, or 300 square meters or more on the site of a designated facility that uses hazardous substances, must file a notification with the relevant prefectural governor at least 30 days before starting work.
If soil contamination is determined to be a possibility, an environmental investigation becomes mandatory, and if the site is designated as an area requiring remediation, the business will incur costs for contamination removal, containment work, and the proper transport and treatment of contaminated soil.