Atsushi Yamashita

Kobe University, Facility of Law
(2-1, Rokkodai, Nada-ku, Kobe 657-8501)

Abstract

While the 1997 amendment to the Waste Disposal Law has substantially modified the siting procedure of industrial waste disposal facilities, it is a general projection that the practice so far formulated by various local governments requesting certain cooperation from applicants in advance may not be much affected. From the perspective that a social conflict is at issue, this article discusses what roles should be played by prefectural governments, municipalities, and residents in such local practice of prior procedure. It concludes that the stake of conflicts is well beyond the procedure of permit programs provided for in the Waste Disposal Law, and that a framework for negotiative solution among conflict parties is desirable.

Key words: industrial waste disposal facility, permit procedure, popular voting, environmental impact assessment