Dealing with Soil Contamination Caused by Midnight Dumping

Yoshinobu Kitamura

Yokohama National University Faculty of Economics
(156, Tokiwadai, Hodogaya, Yokohama 240 Japan)

Abstract

One of the official measures against illegal disposal under the Solid Waste Treatment Act (SWTA) is an administrative order which may be issued by prefectural governors or mayors of major cities. Soil contamination caused by illegal dumping is treated by such orders. They can be issued when dumped wastes might cause serious danger to the environment. While there is no national standard on administrative enforcement, many local inspectors recognize a violation of environmental standards on soil contamination as their criteria for issuing orders to clean up or remove contaminated soil. There are, however, several legal problems with inspectors' interpretation and practice under the SWTA. Legal requirements for an order and alternative measures are to be discussed in the article.

Key words: illegal disposal, soil contamination, groundwater contamination, environmental standards for soil contamination, administrative order