| Special Law of Emergency Preparedness for Nuclear Disaster (Excerpt) |
| (Law No. 156, December 17, 1999) |
| (Purpose) |
| Article 1. |
In view of the particularity of nuclear disaster this Law stipulates the
responsibilities of nuclear business operators for nuclear disaster prevention
and special measures such as the issue of the Notification of Activating
Nuclear Emergency Organization, the establishment of a Nuclear Disaster
Countermeasures Headquarters, the implementation of immediate emergency
countermeasures, and other issues related to nuclear disasters; and tightens
countermeasures against nuclear disasters in conjunction with the Law for
the Regulations of Nuclear Source Material, Nuclear Fuel Material and Reactors
(Law 57-166, hereinafter referred to as "LRNR"), the Basic Law
on Disaster Countermeasures (Law 61-223), and other laws on the prevention
of nuclear disasters, with the ultimate goal of protecting the life, body
and property of national from hazard in the event of nuclear disasters. |
| (Duties of nuclear business operators) |
| Article 3. |
In accordance with the provisions of this Law and related laws, nuclear
business operators are obliged to take the safest measures to prevent the
occurrence of nuclear disasters (including the probability of a nuclear
disaster), measures to prevent the propagation of nuclear disasters and
measures for restoration therefrom. |
| (Duties of the national government) |
| Article 4. |
In accordance with the provisions of this Law and related laws, the national
government shall take measures necessary for the implementation of immediate
emergency countermeasures including the establishment of a Nuclear Disaster
Countermeasures Headquarters, provision of necessary instructions to local
authorities, and for the implementation of nuclear disaster prevention
countermeasures and ex-post-facto countermeasures of nuclear disasters,
in order to fulfil its obligations as prescribed in Article 3 Paragraph
1 of the Basic Law on Disaster Countermeasures. |
| 2. |
The chiefs of designated administrative agencies (or the designated administrative
agency itself, if a committee or council system agency; also applies to
the succeeding provisions; the same shall apply hereinafter except for
Article 17 Paragraph 6 Clause 3 and Article 20 Paragraph 3) and of designated
local administrative agencies shall provide
recommendations and advice to local authorities and take appropriate measures
with respect to assigned duties in their charge, in order to allow smooth
execution of nuclear disaster prevention countermeasures, immediate emergency
countermeasures, and ex-post-facto countermeasures of nuclear disasters
by local authorities, as stipulated in this Law. |
| 3. |
The competent Minister shall properly exert competencies stipulated in
this Law, instruct and advise nuclear business operators, and take appropriate
measures, in order to allow smooth implementation of nuclear disaster prevention
countermeasures, immediate emergency countermeasures, and ex-post-facto
countermeasures of nuclear disasters by nuclear undertakes in accordance
with the provisions in this Law. |
| (Duties of local authorities) |
| Article 5. |
In accordance with the provisions of this Law and related laws, local authorities
shall fulfil their duties concerning nuclear disasters as prescribed in
Article 4 Paragraph 1 and Article 5 Paragraph 1of the Basic Law on Disaster
Countermeasures, by taking measures necessary for the implementation of
nuclear disaster prevention countermeasures, immediate emergency countermeasures,
and ex-post-facto countermeasures of nuclear disasters. |
| (Disaster prevention work plan of nuclear business operators) |
| Article 7. |
In accordance with the provisions of the order of the competent Ministry,
at each establishment of nuclear enterprise, nuclear business operators
shall prepare a disaster prevention work plan of nuclear business operators
with respect to nuclear disaster prevention countermeasures, immediate
emergency countermeasures, ex-post-facto countermeasures of nuclear disasters,
and other measures necessary to prevent the occurrence and propagation
of nuclear disasters and to restore therefrom. Once prepared, these plans
shall be reviewed annually and revised as necessary, and shall not infringe
upon the regional disaster prevention plan as prescribed in Article 2 Clause
10 of the Basic Law on Disaster Countermeasures and the petroleum-industry-complex
disaster prevention plan as prescribed in Article 31 Paragraph 1 of the
Law on Disaster Prevention Plans at Petroleum Industry Complexes.(Both
disaster prevention plans are referred to together as gthe regional and
other disaster prevention plansh in the succeeding Paragraph.) |
| 3. |
When a nuclear business operator has prepared or modified a disaster prevention
work plan in accordance with the provisions of Paragraph 1, it shall immediately
report this fact to the competent Minister and release essential details
of the preparation or the modification to the public. |
| 4. |
When a nuclear business operator is deemed to be in violation of the provisions
of Paragraph 1, or its disaster prevention work plan of nuclear business
operators is not deemed sufficient to prevent the occurrence or propagation
of nuclear disasters involving the establishment of nuclear enterprise,
the competent Minister may order the nuclear business operator to modify
the plan or prepare the alternative to it. |
| (Nuclear disaster prevention organization) |
| Article 8. |
Nuclear business operators shall organize a nuclear disaster prevention
organization at each of their establishments. |
| (Management personnel for nuclear disaster prevention) |
| Article 9. |
Nuclear business operators shall appoint management personnel for nuclear
disaster prevention at each of their establishments to manage the nuclear
disaster prevention organization. |
| (Notification duty of management personnel for nuclear disaster prevention) |
| Article 10. |
When the management personnel for nuclear disaster prevention detect or
are notified of the detection , by means of the methods designated by government
ordinance, of radiation doses exceeding the level designated by government
ordinance, or of other events designated by government ordinance near the
boundary of the area of the establishment of nuclear enterprise, they shall
immediately report the finding to the competent Minister, competent prefectural
governor, competent mayor of the municipality, and governors of the related
neighboring local governments (or if the event occurs during transportation
outside an establishment, to the competent Minister and to the prefectural
governor and mayor of the municipality who have jurisdiction over the area
in which the event occurred, as stipulated by the order of the competent
Ministry and the disaster prevention plan of nuclear business operators.
Upon being so notified, the competent prefectural governor and governors
of the related neighboring local governments shall report the event to
the mayors of the related surrounding municipalities. |
| 2. |
The prefectural governor or the mayor of the municipality, who has been
notified in accordance with the prescription in the former part of the
preceding Paragraph, may request the competent Minister to dispatch personnel
who have special knowledge to assess the situation in accordance with the
provision of the government ordinance, at which time the competent Minister
shall dispatch personnel who are deemed appropriate. |
| (Designation of the Off-site Centers) |
| Article 12. |
For each establishment of nuclear enterprise, the competent Minister shall
designate facilities as bases for immediate emergency countermeasures taken
by the persons as prescribed in Article 26 Paragraph 2. These facilities
(hereinafter referred to as the "Off-site Center") shall be located
in an area of the prefecture where the relevant establishment is located,
and meet other requirements as prescribed by the order of the competent
Ministry. |
| (Disaster prevention exercise plan by the national government) |
| Article 13. |
A disaster prevention exercise prescribed in Article 48 Paragraph 1 of
the Basic Law on Disaster Countermeasures, as applicable after amended
as per the provisions of Article 28 Paragraph 1, (excluding those executed
by responsible personnel for disaster prevention as designated in the relevant
Paragraph in accordance with the provisions of a disaster prevention plan
or a disaster prevention work plan of nuclear business operators), shall
be executed according to plan prepared by the competent Minister in accordance
with the order of the competent Ministry. |
| (Notification of Activating Nuclear Emergency Organization) |
| Article 15. |
When a nuclear emergency situation as prescribed in the succeeding Paragraphs
is deemed to have occurred, the competent Minister shall immediately submit
to the Prime Minister both drafts of notification as prescribed in the
succeeding Paragraph and instructions as per the provisions of Paragraph
3, in addition to provide necessary information on the situation. |
| (i) |
The radiation dose reported to the competent Minister in accordance with
the former part of the provisions of Article 10 Paragraph 1 or the radiation
dose detected by the methods and radiation-measuring devices designated
in the government ordinance exceeds the threshold for radiation doses in
abnormal level designated in the government ordinance. |
| (ii) |
An event designated in the government ordinance as indicating the occurrence
of a nuclear emergency situation, in addition to the events prescribed
in the preceding Clause. |
| 2. |
Upon receipt of the report and drafts prescribed in the preceding Paragraph,
the Prime Minister shall immediately issue an official announcement (hereinafter
referred to as "Notification of Activating Nuclear Emergency Organization")
concerning a notification of a nuclear emergency situation and the items
outlined in the succeeding Clauses. |
| (i) |
Areas where immediate emergency countermeasures should be taken |
| (ii) |
Summary of the nuclear emergency situation. |
| (iii) |
Issues exhaustively notified to residents, visitors, and public and private
groups in the areas designated in Clause (a) (hereinafter referred to as
"residents"), in addition to the information in the preceding
Clauses (1) and (2). |
| 3. |
Upon receipt of the information and drafts prescribed in Paragraph 1, the
Prime Minister shall immediately provide instructions and/or recommendations
of refuge by evacuation or sheltering to the mayors of municipalities and
prefectural governors who have jurisdiction over the areas designated in
Clause (1) of the preceding Paragraph, in accordance with the provisions
of Article 60 Paragraphs 1 and 5 of the Basic Law on Disaster Countermeasures,
as applicable after being amended as per the provisions of Article 28 Paragraph
2, and provide instructions of other measures related to immediate emergency
countermeasures. |
| 4. |
Once immediate countermeasures to prevent the propagation of a nuclear
disaster are deemed no longer necessary, the Prime Minister shall immediately
consult the Nuclear Safety Commission and issue an official announcement
to cancel the nuclear emergency situation (hereinafter referred to as "a
Notification of Deactivating Nuclear Emergency Organization"). |
| (Establishment of Nuclear Disaster Countermeasures Headquarters) |
| Article 16. |
After issuing Notification of Active Nuclear Emergency Organization, the
Prime Minister shall establish Nuclear Disaster Countermeasures Headquarters
temporarily at the Prime Minister's Office after holding a Cabinet council,
for executing immediate emergency countermeasures concerning relevant nuclear
emergency situation, irrespective of the provisions of Article 83 of the
National Government Organization Law (Law 48-120). |
| (Organization of the Nuclear Disaster Countermeasures Headquarters) |
| Article 17. |
The Prime Minister (or a Minister of State appointed in advance should
the Prime Minister be deemed under unavoidable circumstances) shall act
as the Superintendent General of the Nuclear Disaster Countermeasures Headquarters,
a chief of the Headquarters. |
| (Competency of the Superintendent General of the Nuclear Disaster Countermeasures
Headquarters) |
| Article 20. 4 |
When deemed necessary to request support from the Defense
Agency for swift and efficient implementation of the immediate emergency
countermeasures in its implementation zone notified by the relevant Nuclear
Disaster Countermeasures Headquarters, the Superintendent General of the
Nuclear Disaster Countermeasures Headquarters may direct the Director-General
of the Defense Agency to dispatch the troops in accordance with the provisions
of Article 8 of the Self-Defense Forces Law (Law54-165). |
| (Joint Council of Nuclear Disaster Countermeasures) |
| Article 23. |
Once a Notification of Activating Nuclear Emergency Organization has been
issued, the On-Site Nuclear Disaster Countermeasures Headquarters and the
Disaster Countermeasure Headquarters of the prefecture and municipalities
which have jurisdiction over the implementation zone of the immediate emergency
countermeasures, in which the Notification has been issued, shall establish
a Joint Council of Nuclear Disaster Countermeasures in order to exchange
the information on the relevant nuclear disaster and to aid cooperation
in implementing their immediate emergency countermeasures. |
| (Technical Experts for Nuclear Disaster Prevention) |
| Article 30. |
Technical Experts for Nuclear Disaster Prevention shall be appointed in
the Ministry of Education, Culture, Sports and Technology and the Ministry
of Economy, Trade and Industry. |
| 2. |
Technical Experts for Nuclear Disaster Prevention shall provide guidance
and advice to the establishments of nuclear enterprise designated, by
the Director-General of the Minister of Education, Culture, Sports and
Technology or the Minister of Economy, Trade and Industry, as those for
which they are responsible. Relevant guidance and advice shall be given
to the preparation of nuclear disaster prevention work plans of nuclear
business operators in accordance with the provisions of Article 7 Paragraph
1, the establishment of nuclear disaster prevention organizations in accordance
with Article 8 Paragraph 1, and the nuclear disaster prevention countermeasures
implemented by nuclear business operators. Technical Experts shall further
collect necessary information to recognize the situation upon receipt of
reports in accordance with the provisions of the former part of Article
10Paragraph 1, provide advice for the collection of information and emergency
measures implemented by local public agencies, and handle any additional
affairs necessary to smoothly prevent the occurrence and propagation of
nuclear disasters. |
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| Ordinance for the Enforcement of the Basic Law on Emergency Preparedness (Excerpt) |