JP Waste Management Act — Emitter Responsibility and Industrial Waste Outsourcing Standards
ENFORCEMENT TIMELINE
Enacted 1970 / Continuous compliance with mandatory emitter responsibilities
Overview
Under the Waste Management and Public Cleansing Act, the principle of emitter responsibility holds that a business generating industrial waste through its operations must ensure that the waste is properly treated under its own responsibility.
When a business does not treat its own waste and instead outsources treatment to another party, it must comply with strict outsourcing standards set out in Ministry of the Environment ordinances, including entering into a direct written contract with the treatment provider, issuing and managing manifests, and conducting on-site confirmation of the outsourced treatment provider.
Enforcement Timeline
1970: The Waste Management Act is enacted, establishing the principle of emitter responsibility.
1997: The manifest system is expanded to cover all industrial waste, and penalties are strengthened.
2010: The law is amended to add on-site confirmation of outsourced treatment status by the emitting business, as a duty of ongoing management and confirmation, along with strengthened measures against illegal dumping.
2017: Electronic manifests are made mandatory for specified hazardous waste, taking effect in 2020, alongside continued strict enforcement of outsourcing standards.
Business Impact
Every business that generates industrial waste is required to enter into a direct outsourcing contract with a treatment provider and to track and confirm the completion of the treatment process through manifests.
If an outsourced treatment provider engages in improper disposal, such as illegal dumping, the emitting business itself can also be subject to removal orders and criminal penalties, making regular on-site audits and thorough oversight of the treatment provider essential.