The Beginning of Comprehensive Measures

Enactment of the Water Pollution Control Law (1967)

It was felt that pollution control efforts had to be a comprehensive. Further, it should be a preventative and deliberate measure rather than a temporary one for emergency purposes. There was a growing demand for basic foundations such as the definition of the scope of environmental pollution, responsibility of polluters, and the role of the national and local governments.

First, the Liaison Conference for the Promotion of Pollution Control was established in the Prime Minister’s office by a Cabinet decision in March 1964. The purpose of this decision was to develop an integrated environmental pollution administration to take the place of those managed individually by the various ministries. The purpose of this conference was to promote overall and efficient pollution control through close communications between the relevant administrative bodies, concerning actions on pollution control. In the midst of the gradually increasing demand for the enactment of a basic law for pollution control, the Ministry of Health and Welfare established the Environmental Pollution Council in September 1965. This Council was to serve as an advisory body to the Minister of Health and Welfare that was responsible for the collection of information on environmental pollution in various communities. One year later, this council prepared a report mainly with the following contents:

1. Pollution control should be based on environmental quality standards and supported by comprehensive methodologies,
2. From now on, pollution control administration should be integrated with local preventative measures including land uses, such as the Pollution Control Plan,
3. It is important to identify the responsibility of the polluters in the management of environmental pollution. National and local governments are responsible for promoting public investments on public owned wastewater treatment plants.
4. Environmental quality standards should be established for each category of pollutants to provide protection for public health and the environment. The standards should be enforceable and not simply guideline regulatory standards. These types of environmental quality standards should be established for air pollution, water pollution and noise.
5. A governmental organization should be established for overall coordination between pollution control administrations in various ministries and agencies and for the preparation of basic pollution control policies.
6. A basic law should be enacted to provide the common principles and basic policies for pollution control.

Based on a report from the Environmental Pollution Council, the national government decided in 1967 to enact a basic law for pollution control in the Liaison Conference for the Promotion of Pollution Control.

“Pollution Session” of the Diet

Even after enactment of the Basic Law for Environmental Pollution Control, environmental pollution still continued. More systematic efforts of the administration were required. More obvious, the differences in opinions among various ministries and agencies needed to be addressed to avoid delays in action. Public concern and dissatisfaction became more serious, and they gradually led to social crisis.

Under these circumstances, the Pollution Control Head Office was established in the Cabinet by a Cabinet decision in 1970. Its purpose was to timely implement appropriate and systematic pollution control measures. The Pollution Control Head Office had the ultimate responsibility for pollution control administration. Thus, a center for policy development to deal with accumulative problems was finally created.

The 64th session of the Diet was called primarily for the preparation of integrated pollution control legislation in the midst of the environmental problems that conventional legislation was incapable of dealing with. Intensive discussion on environmental pollution took place in his session, and it was call “pollution session”. An extremely wide variety of 14 innovative bills on environmental pollution were submitted, passed, and adopted during this session.

The following summarizes the development of pollution control legislation during this session;

1. Basic Position of the National Government on pollution control The so-called “harmonization provision”, identified the national governments, position concerning harmony between sound economic development and pollution control. This provision was deleted from the Basic Law for Environment Pollution Control to avoid public suspicion that the economy might take priority over pollution control.
2. More stringent control Regarding water pollution, previous control measures, in already polluted areas, were extended to the whole country, and additional pollutants and items came under control.
3. Identification of the responsibility of businesses Business activities which might cause environmental pollution became subject to stringent controls, and the Pollution Control Public Works Cost Allocation Law was enacted to specify the requirement that businesses to include pollution control program costs into their proposals for new ventures.
4. Increased authority of local governments The Water Pollution Control Law specifically recognized the fact that environmental pollution was a local issue and the local conditions should be considered in their solutions. The Law expressly provided local governments with the authority to implement more stringent local controls in addition to the uniform national regulatory standards. Enforcement authority to achieve the standards was transferred almost completely to the governors.

Establishment of the Environmental Agency

Although the Pollution Control Head Office was established by a Cabinet decision, it remained as a provisional organization, and authority to implement regulations against environmental pollution was scattered among the various ministries and agencies. It was recognized that a permanent administrative organization with authority to implement regulations against pollution had to be established to strongly promote pollution control.

Integration of pollution regulations and need for a centralized organization for policy development were discussed in the “pollution session” of the Diet. A consensus was formed on the importance of environmental pollution and problems through the process of enacting amendments to the 14 laws on pollution control.

The amendments led to the foundation of the Environment Agency in July 1971, with a primary mission to plan, promote, and promote administer for protection of the environment. The Environment Agency had all of the basic pollution control functions within its jurisdiction, including implementation. The Agency had a function to design and develop basic actions for protection of the environment. The Agency also had a strong general coordination authority over the relevant organizations under the jurisdiction of various ministries and agencies including those under its own jurisdiction.

References...
Water Quality Standards
Water Pollution Control Law

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