Updated: December 28, 2016

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Sendai City Basic Environment Ordinance

Sendai City Basic Environment Ordinance
(Sendai City Ordinance No.3 of 1996)

Contents

  • Preamble
  • Chapter 1 General Provisions (Article 1 to 6)
  • Chapter 2 Policies for conservation and creation of the environment
    • ..Section 1 Fundamental principle of policies (Article 7 to10)
    • ..Section 2 Basic policies for conservation and creation of the environment (Article 11 to 25)
    • ..Section 3 Promotion of conservation of the global environment (Article 26 and 27)
  • Chapter 3 System to promote policies for conservation and creation of the environment (Article 28 and 29)
  • Chapter 4 Environment Council (Article 30)
  • Supplementary Provisions

Preambles

We have been trying to prevent and eliminate environmental pollution by enacting "Citizens Charter on Pollution" and "Sendai City Pollution Elimination Ordinance" and also to conserve positively the environment of the "City of Trees" by enacting "Conserving Clean Stream of Hirose River Ordinance".
However, along with the enlargement of social and economical activities, the progress of urbanization and the change of lifestyle, the problems which are difficult to be deal within the frame of the former environmental administration, such as an Urban type pollution, a Life-origin type pollution and destruction of local pockets of nature, have appeared in the clear shape in Sendai City. Moreover, individual activities and urban activities have effections on global environment directly and indirectly. So new approaches for environmental conservation are demanded.
Needless to say, the enjoyment of productive environment where everyone can spend a healthy, safe and comfortable life is one's basic right, and also conservation, development, and succession to future generations of the pleasant environment full of blessings of nature is our duties.
Especially we should not forget that our daily life is supported by Environmental Blessing of the "City of Trees" natural environment and historical and cultural property which have been conserved and created by the effort of our ancestors, and that we have an important mission for developing them and succeeding them to future generations.
Under this comprehension, we establish this Ordinance aiming to make this Sendai the City where humankind and nature collaborate, which is able to ensure sustainable development with reduced environmental load and we are proud of to the world.

Chapter 1 General Provisions

(Purpose)
Article 1
The purpose of this ordinance is to comprehensively and systematically promote policies for environmental conservation and creation to ensure healthy, safe and comfortable living for both present and future generations of citizens, through articulating the basic principles, clarifying the responsibilities of the municipality, corporations and citizens, and prescribing basic policies with deep considerations for eternal succession of the climate of "The City of Trees" which is symbolized with clean streams and rich greenery.

(Terminology)
Article 2
For the purpose of this ordinance, each of the following terms means what is prescribed in each subparagraph respectively.
(1) "Environmental load"
It means any adverse effects on the environment generated by human activities which may cause interference with environmental conservation.
(2) "Global environmental conservation"
It means environmental conservation regarding such phenomena as global warming, the ozone layer depletion, marine pollution, decrease in wildlife species and others which are caused by human activities and effect the environment of the entire globe or a large part of it, which contributes to the welfare of mankind as well as to the healthy, safe and comfortable living of the citizens.
(3) "Environmental pollution"
It means, among interferences with environmental conservation, air pollution, water pollution (including a deterioration of water's unadulterated state other than the water quality and the quality of the bottom), soil contamination, noise, vibration, ground subsidence (excluding subsidence caused from land excavation for mineral exploitation) and offensive odors affecting an extensive area as a result of business and other human activities, which cause damage to human health or the living environment (including property closely related to human life, as well as fauna and flora closely related to human life and their living environment. The same shall apply hereinafter).

(Basic Principles)
Article 3
1.Environmental conservation and creation shall be conducted aiming for securing rich and productive environment in which citizens are able to live healthy, safe and comfortable, and passing it on to future generations.
2.Environmental conservation and creation shall be conducted with deep awareness of humankind's being a part of nature, so as to respect the balance of ecosystem and to collaborate soundly with nature.
3.Environmental conservation and creation shall be conducted realizing the limit of natural reconstructing power, aiming for building a city which ensures sustainable development with reduced environmental load by proper administration of resources and by promotion of recycling use of it, through voluntary and positive practices on environmental conservation by taking partial charge equally in all sections of society.
4.Global environmental conservation shall be promoted by everyone considering it as one's own problem, through positive practices in all business activities and daily lives.

(Responsibility of the Municipality)
Article 4
The Municipality is responsible pursuant to the basic principles above mentioned in article 3 ( hereinafter expressed "basic principles" in the followings) for formulating and implementing fundamental and comprehensive policies with regard to environmental conservation and creation.

(Responsibility of Corporations)
Article 5
1.Corporations are responsible, pursuant to the basic principles, for taking necessary measures to prevent environmental pollution resulting from their activities, and to properly conserve the natural environment in conducting business activities.
2.Corporations are responsible, pursuant to the basic principles, for making efforts to reduce the environmental load resulting from when products and other goods related to their activities are consumed and disposed in manufacturing, processing, selling products and engaging in other business activities, to control solid waste and use recyclable resources and other materials and services which contribute to reduce the environmental load in their activities.
3.Besides the responsibilities prescribed in the preceding two Paragraphs, corporations are responsible for making voluntary efforts to conserve and create the environment such as reduction of environmental loads in the course of their business activities and for cooperating with the policies implemented by the Municipality with regard to environmental conservation and creation, pursuant to the basic principles.

(Responsibility of Citizens)
Article 6
1.Citizens, pursuant to the basic principles, shall make such efforts to reduce the environmental loads as reduction of wastes, proper use of resources and energy in their daily lives.
2.Besides that prescribed in the preceding paragraph, citizens are responsible for making efforts to conserve and create the environment and cooperating with the policies implemented by the municipality with regard to environmental conservation and creation, pursuant to the basic principles.

Chapter 2 Policies for Environmental Conservation and Creation

Section 1 Basic Policies

(Basic Guidelines for Policy Formulation)
Article 7
In formulating and implementing the policies for environmental conservation and creation, the municipality shall carry out them comprehensively and systematically, and plan for organic connection among policies pursuant to the basic principles described in the following paragraphs.
(1) To maintain natural elements of the environment such as air, water and soil in good condition so as to protect human health and to conserve the living environment.
(2) To protect the diversity of ecosystems, wildlife species and diversity of other creatures and to orderly conserve and recover the various features of natural environment such as in the forest, farmlands and waterside areas where people are able to live safe and sound lives with nature.
(3) To secure rich contact between people and nature and to create the environment of much higher quality by forming comfortable urban space with natural environment of the City of Trees and highly cultured environment secured by preservation and utilization of historical heritages .
(4) To promote reduction of wastes, retrained consumption or circulative use of resources and energy and to make use of technology on environmental conservation and creation, so as to build up the city which ensure the sustainable development with reduced environmental load, and to contribute to conservation of global environment.
(5) To form the society where citizens, corporations and the municipality collaborate to promote the conservation and creation of the environment efficiently and effectively.

(Basic Environment Plan)
Article 8
1.The Mayor shall establish a basic plan with regard to environmental conservation and creation (hereinafter referred to as "the Basic Environment Plan") in order to comprehensively and systematically promote the policies for environmental conservation and creation.
2.The Basic Environment Plan shall stipulate the following matters.
(1) Object of environmental conservation and creation
(2) Direction of policies of environmental conservation and creation
(3) Guideline of consideration for environmental conservation and creation
(4) Important subjects of environmental conservation and creation besides preceding three matters.
3.The Mayor shall make efforts to reflect the opinions of citizens, corporations and also the opinion of Sendai City Environment Council to establish the Basic Environment Plan.
4.The Mayor shall announce officially the Basic Environment Plan without delay when it is formulated.
5.The preceding two paragraphs shall apply mutatis mutandis to changes of the Basic Environment Plan.

(Maintenance of Coordination with Basic Environment Plan)
Article 9
The Municipality shall coordinate with the Basic Environment Plan and to give careful consideration to reduce environmental load in formulating and enforcing the policies which are deemed to make influence to the environment.

(Annual Report)
Article 10
The Mayor shall announce annually to the public an annual report on the environment so as to explain environmental condition and implemented situation of policies with regard to environmental conservation and creation.

Section 2 Basic Policies of Conservation and Creation of the Environment

(Promotion of Environmental Impact Assessment)
Article 11
The Municipality shall take necessary measures to ensure that ,when corporations are engaged in alteration of landshape, construction of new structures and other similar activities, they will conduct in advance surveys, forecasts and evaluations of the environmental impact of such activities, and will give proper consideration to environmental conservation based on the results of them.

(Regulatory Measures)
Article 12
1.The Municipality shall take regulatory measures for the activities which may cause pollutions, to prevent environmental pollution.
2.The Municipality shall take regulatory measures necessary to conserve the natural environment, regarding the activities which may cause interference with appropriate conservation of the natural environment.
3.Besides these proscribed in the preceding paragraphs the municipality shall make efforts to take necessary measures to prevent interference with environmental conservation.

(Conclusion of Agreement on Environmental Conservation)
Article 13
The Mayor shall make efforts to conclude agreement about Environmental Conservation when it is recognized necessary to prevent interference with appropriate Environmental Conservation by necessary conferences with corporations.

(Leading Policy)
Article 14
The Municipality shall make efforts to give necessary and appropriate financial support to corporations and citizens so as to lead them to take efficient policies of environmental conservation and creation such as preparation of institutions in order to reduce the environmental load.

(Promotion of Environmental Conservation of the City of Trees with Abundant Greenery)
Article 15
1.The Municipality shall take necessary measures to promote conservation, maintenance of forests and planting trees in urban areas on deep awareness of the function to conserve the greenery of forests symbolizing the natural features of Sendai City, the "City of Trees".
2.Besides the preceding paragraph, the Municipality shall take necessary measures to form comfortable urban space surrounded by greenery and water and to promote arrangement of parks and other public institutions and to promote undertaking for rich contact between people and nature in order to create the environment with much higher quality which is suitable to the City of Trees.

(Promotion of Construction of Facilities for Environmental Conservation)
Article 16
The Municipality shall take necessary measures to promote construction of public facilities which contribute to prevent interference with environmental conservation such as sewerage and public waste disposal facilities and traffic facilities (including transportation facilities) which are useful to reduce the environmental load.

(Promotion of Waste Reduction)
Article 17
1.The Municipality shall take necessary measures to promote waste reduction, recyclable use of resources and effective use of energy by corporations and citizens in order to reduce the environmental load.
2.The Municipality shall promote waste reduction, recyclable use of resources and effective use of energy at the construction, maintenance and management of public facilities so as to reduce the environmental load.

(Promotion of Using Products which Contribute to Reduce the Environmental Load)
Article 18
The Municipality shall take necessary measures to promote utilization of recycled resources, materials and products which contribute to reduce the environmental load.

(Promotion of Education and Learning on Environmental Conservation, etc.)
Article 19
The Municipality shall take necessary measures to promote education, learning and public activities which contribute to increase interest and understanding on environmental conservation and creation and to promote voluntary activities by citizens and corporations.

(Promotion of voluntary activities by Citizens, etc.)
Article 20
The Municipality shall take necessary measures to promote voluntary activities with regard to environmental conservation and creation such as tree-planting, environmental beautification activities and recovery of recyclable resources conducted by corporations, citizens and private bodies organized by these entities (hereinafter referred to as the "private bodies").

(Promotion of Environmental Management by Corporations)
Article 21
The Municipality shall take necessary measures to promote environmental management (which includes establishment of principles, objects, plans, post in charge and arrangement of system for enforcement and its inspection) by corporations in order to reduce the environmental load conducted effectively by corporations.

(Collection and Provision of Information)
Article 22
The Municipality shall make effort to collect necessary information on the environmental conservation and creation and to provide it appropriately.

(Promotion of Citizens' Participation and Cooperation)
Article 23
Besides the preceding four paragraphs, the Municipality shall take necessary measures to promote participation and cooperation by citizens and corporations for efficient and effective promotion of policies on environmental conservation and creation.

(Understanding of Environmental Situation)
Article 24
The Municipality shall grasp exactly the environmental situation by monitoring, observing and measurement and also shall conduct scientific survey and research or other necessary investigations on the environmental changes and their influence to formulate policies to promote the environmental conservation and creation.

(Cooperation with the Government and Other Local Public Bodies)
Article 25
The Municipality shall make effort to work together with the government and other local public bodies on the policies of environmental conservation and creation which need extensive cooperation.

Section 3 Promotion of Conservation of Global Environment

(Promotion of Conservation of Global Environment)
Article 26
The Municipality shall positively promote the policies to contribute to the conservation of global environment along with the policies prescribed in the preceding paragraphs.

(International Cooperation for Global Environmental Conservation)
Article 27
The Municipality shall make efforts to promote international cooperation on the conservation of global environment in combination with international facilities, the national government and other local public bodies or private bodies.

Chapter 3 System to Promote Policies for Conservation and Creation of the Environment

(System for General Adjustment)
Article 28
The Municipality shall maintain necessary system to promote policies and shall make general adjustment on the policies of conservation and creation of the environment.

(Collaborating System with Citizens, and Others)
Article 29
The Municipality shall make necessary efforts to establish collaborating system of the municipality, citizens and corporations to promote effectively and efficiently the policies of conservation and creation of the environment.

Chapter 4 Environment Council

Article 30
1.The Municipality shall establish Sendai City Environment Council (hereinafter referred to as the "Council") to deliberate on fundamental subjects concerned with environmental conservation and creation.
2.The Council shall deliberate the following subjects by consultation of the Mayor.
(1) Subjects concerned with the Basic Environment Plan
(2) Fundamental subjects concerned with environmental conservation and creation besides the preceding paragraph
(3) Subjects entrusted by other ordinances besides the preceding two paragraphs
3.The Council shall be comprised of no more than 30 members.
4..The Council members are commissioned at the request of the Mayor among people with an academic background, members of municipal assembly, representatives of various bodies and administrative bodies.
5.The term of the Council members is two years. But the term of the substitute member is the rest of the predecessor's.
6.The Council members is possibly reappointed.
7.Provisional members are commissioned when the investigation and deliberation are necessary on special subjects.
8.Necessary matters on the system and management of the Council besides the preceding paragraphs shall be stipulated by the regulations.

Supplementary provisions
This ordinance shall enter into force on a day, April 1, 1996.

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