Niseko Town Groundwater Conservation Ordinance

the purpose

Article 1 This ordinance is based on the environmental philosophy prescribed in the Niseko Town Environmental Basic Ordinance (2003 Niseko Machi Ordinance No. 29) and the purpose of environmental policy in order to prevent depletion of groundwater and subsidence of ground in Niseko town , We aim to contribute to the healthy and cultural life of the townspeople by regulating the necessary regulations concerning the collection of groundwater and preserving the groundwater which is an irreplaceable resource for townspeople life in the future.

Definition

Article 2 In this Ordinance, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.
(1) Underground water (the hot spring prescribed in Article 2, Paragraph 1 of the Hot Spring Act (Law No. 125 of 1952), Article 3, paragraph 1 of the Mining Act (Law No. 289 of 1952) Excludes groundwater dissolving the specified flammable natural gas as well as those clearly indicating that it is a running water of a river prescribed in Article 3, Paragraph 1, Article 100, Paragraph 1 of the River Act (Act No. 167 of 1949) The facility to collect.
(2) Strainer means a water collection hole provided in a well.
(3) A person who obtained permission pursuant to the provisions of Article 5 of the collector and a person who has made a notification pursuant to the provisions of Article 13.

Town responsibility

Article 3 The town shall endeavor to implement policies related to the preservation of groundwater so as not to hinder the lives of townspeople.

Responsibility of collector

Article 4 The collector shall understand the groundwater, make efforts to reduce the amount of water collected, and cooperate with measures concerning groundwater conservation to be implemented by the town.

Permission to collect groundwater

Article 5 In order to collect groundwater in the town (well, the cross sectional area of ​​the discharge port of the pumping machine (the sum of the cross sectional areas when there are two or more discharge ports, the same applies hereinafter) is limited to those exceeding 8 square centimeters.) Those who excavate shall obtain permission of the mayor beforehand. The same shall apply in the case of changing the position of the strainer or increasing the cross-sectional area of ​​the discharge port with respect to the permitted well.
2 In the case of the preceding paragraph, 2 mayor may not give permission under the same paragraph unless it finds that it conforms to the permission criteria prescribed in the next Article.
When three countries or other local governments intend to collect groundwater, by consultation with the mayor of the town being established, it is deemed that there was permission under paragraph 1.
4 Mayor may attach conditions necessary for permission under paragraph 1.

Permission standard

Article 6 The permission criteria for the collection of groundwater shall be as specified below.
(1) There is no hindrance to the effective use of groundwater.
(2) There is no danger of affecting the existing tap water source or well.
(3) The use of the groundwater to be collected is necessary and appropriate.
(4) To be recognized as being difficult to substitute with other water.

Holding a briefing session

Article 7 Any person who intends to obtain permission under paragraph 1 of Article 5 (hereinafter referred to as "license applicant") shall hold a briefing session on the contents of the construction work of the well to the concerned residents.
2 In case of holding a briefing session, the applicant for permission shall notify the town concerned to that effect by 10 days prior to the date of the event and notify the town mayor.
Three town mayors can attend the staff of the town when holding a briefing session.
4 When submitting a briefing session, the applicant for permission shall report the result to the mayor without delay without delay, as provided for by the Regulations.
5 The applicant for permission shall conclude an agreement with the related residents if necessary due to consultation with relevant residents at the briefing session.

Permission application

Article 8 The applicant for permission shall submit an application form stating the following matters to the Mayor.
(1) Name (for corporations, name and representative's name) and address
(2) Application of groundwater
(3) the position of the strainer of the well, the type of the pumping machine and the cross-sectional area of ​​the discharge port
(4) Average collected volume per day
(2) In the application form set forth in the preceding paragraph, a drawing indicating the location of the well and other books designated by the mayor shall be attached.

Council

Article 9 Mayor mayor considers opinion of Niseko town water resource conservation council prescribed in Niseko town water resource conservation council establishment ordinance (Niseko town ordinance No. 9 in 2011) when town mayor accepts application form prescribed in the preceding Article .

Notice of permission or refusal

Article 10 The mayor shall make a decision of permission or non-permission within 60 days when application is made from the applicant for permission pursuant to Article 8.
2 When the town mayor makes the decision set forth in the preceding paragraph, he shall notify the relevant permission applicant with a document.

Notification of completion

Article 11 Any person who received permission under Article 5, paragraph 1 (hereinafter referred to as "permitted person") shall submit a completed notification letter to the mayor within 15 days from the date of completion of the well, undergo the inspection There must be.

Installation of water measurement device

Article 12 Permitted persons shall set up water measuring instruments and report the amount collected every month to the mayor as prescribed by the regulations.

Notification of collection of groundwater

Article 13 Those who intend to excavate wells (limited to those having a cross-sectional area of ​​8 square centimeters or less of the discharge port of a water lifting machine) in order to collect groundwater in the town listed items in Article 8 in advance I shall file a notification letter to the mayor.

Notification of change

Article 14 When there is a change in the matters specified in each item of Article 8, paragraph 1, the sampler shall notify the mayor to that effect within 30 days from the date of the change.

Succession of permission and notification

Article 15 Any person who has acquired or borrowed a facility relating to permission or notification from the collector shall succeed the position of the collector pertaining to said facility.
(2) If there is inheritance or merger with respect to the collector, the heir, the juridical person surviving after the merger, or the juridical person established through merger will succeed the position of the collector.
3 A person who succeeded to the position of the collector pursuant to the provisions of the preceding two paragraphs shall notify the mayor to that effect within thirty days from the date of the succession.

Revocation of permission

Article 16 When a permitted person has come to fall under any of the following items pertaining to that well, the permit pertaining to said well shall cease to be effective.
(1) When the well is abolished.
(2) When the pumping machine of the well is not powered, or when the cross-sectional area of ​​the discharge port of the pumping water is set to 8 square centimeters or less.
2 A person who has abolished a well shall notify the mayor to that effect within 30 days.

Cancellation of permission, etc.

Article 17 mayor may rescind its permission to a person who has obtained permission by false or other illegal means.
2. The mayor may in violation of the provisions of Article 5, paragraph 1, violate a person who is collecting groundwater without obtaining permission or who violates the conditions attached pursuant to the provision of paragraph 4 of the same Article In order to rectify, it can order the time limit and set necessary measures.
3 Mayor mayor may, if it finds that there is urgent necessity for groundwater conservation, due to the occurrence of special circumstances which could not be foreseen, decide the sampling period for a sampling period, collect groundwater Can be restricted.

Entry survey

Article 18 Mayor may make staff members enter the land on which the wells are established and investigate, to the extent necessary for the enforcement of this ordinance.
(2) A staff member who conducts an investigation pursuant to the provisions of the preceding paragraph shall carry a certificate indicating the status thereof and, if there is a request of a related party, present it.

Guidance etc.

Article 19 When the town mayor finds it necessary for the preservation of groundwater, he or she shall give guidance or advice to the collector or his / her agent, or provide necessary time (excluding temporary suspension of collecting act You can recommend to take.

Action order

Article 20 The town mayor may order a person who has received a recommendation pursuant to the provisions of the preceding Article, when neglecting measures pertaining to the said recommendation, set a deadline and take the measures.

Notification of Measures

Article 21 When a person who received a recommendation pursuant to the provisions of Article 19 or an order under the provisions of the preceding Article has adopted the measures pertaining to the said recommendation or order, within seven days we notify the mayor of the mayor and if we do not undergo the inspection It will not.

Stop command

Article 22 mayor may order temporary suspension of collecting actions by establishing a time limit when necessary by a person who received an order pursuant to the provisions of Article 20 unless it obeys the order.

Publication of name etc.

Article 23 Mayor may not comply with the recommendation or order if a person who received a recommendation or order pursuant to the provisions of Article 19, Article 20 or the preceding Article does not comply with the recommendation or order without justifiable grounds As well as the name and the like of that person.
2 When making a public announcement pursuant to the provisions of the preceding paragraph, the mayor of the mayor shall give the person who will be made public in advance the opportunity to notify the reason and to state his opinion.

Mandate

Article 24 In addition to what is provided for in this Ordinance, necessary matters concerning the enforcement of this Ordinance shall be prescribed by the Regulations.

Penal provision

Article 25 Any person who violates an order pursuant to the provisions of Article 17, Paragraph 2, Article 20 or Article 22 shall be punished by a fine of not more than 500,000 yen.
(2) Any person who falls under any of the following items shall be punished by a fine of not more than 300,000 yen.
(1) A person who has violated the provisions of Article 11, Article 13 or Article 16, Paragraph 2
(2) A person who uses falsely or other illegal means in obtaining the permission under Article 5, paragraph 1
(3) Those who have refused, hindered, or evaded entry inspections pursuant to the provisions of Article 18, paragraph 1 without a justifiable reason

Both penal provisions

Article 26 When a representative of a juridical person or an agent, employee or other employee of a juridical person or person has committed a violation under the preceding Article with respect to the business of that juridical person or a person, the actor shall be punished, The person shall also be imprisoned for the fine of the same Article.

Supplementary provision

Effective date

1 This ordinance shall come into force as from May 1, 2011. Provided, however, that the provisions of Articles 5 to 26 shall apply from September 1, 2011.

Transitional measures

2 At the time of enforcement of this Ordinance, those who actually use or drill the wells prescribed in Article 5, paragraph 1 shall state the matters prescribed in Article 8 within 90 days after the date of enforcement of this Ordinance I must file a written notification form to the mayor.
(3) A person who has made a notification pursuant to the provisions of the preceding paragraph shall be deemed to have obtained the permission under Article 5, paragraph 1.
4 At the time of enforcement of this Ordinance, those who are actually using wells corresponding to the wells prescribed in Article 5, paragraph 1, shall establish water measurement instruments within one year from the date of enforcement of this Ordinance, The amount collected should be reported to the Mayor.
5 Mayor may not make a notification pursuant to the provisions of paragraph 2 of the Supplementary Provisions, or if a person who has made a false notification fails to comply with the guidance of the mayor without justifiable reasons, it may make public to that effect.

Niseko Town Groundwater Conservation Ordinance Enforcement Regulations

(Effect)
Article 1 This regulation specifies necessary matters concerning the enforcement of the Niseko Machi groundwater conservation ordinance (Heisei 11 direction regulation No. 7, hereinafter referred to as "ordinance").
(Form of Groundwater Collection Permission Application etc.)
The permission application prescribed in Article 2, Article 8, paragraph 1 shall be in accordance with the groundwater collection permission application form (Form 1).
The notification of completion as prescribed in Article 11 of the 2nd Ordinance shall be made by a well completion notice (Form No. 2).
The notification prescribed in Article 3 of the 3rd Regulation shall be based on the Groundwater Collection Report (Form 3).
The notification prescribed in Article 14 of Article 4 of the 4th Ordinance shall be based on the Groundwater Collection Change Notification Form (Form 4).
The notification prescribed in Article 15 of Article 15 shall be in accordance with the Notification Form for Succession of Groundwater Sicker Status (Form No. 5).
The notification prescribed in Article 16, Paragraph 2 of the 6th Ordinance shall be in accordance with the Notification of Abolition of Well (Form No. 6).
(Holding a briefing session)
The publication under the provisions of Article 3, Paragraph 7, Paragraph 2 shall be made by notifying the related residents of the dates, places, construction of wells, etc. of the briefing sessions, circulation and other methods.
Report according to the provisions of Article 2, Section 7, Paragraph 4 of the 2 Regulations shall be in accordance with the result report of the related residents briefing session (Form No. 7).
(Installation and reporting of water quantity measuring device)
Article 4 The water measurement device specified in Article 12 of Article 12 shall fall under any of the following items.
(1) auxiliary pipe water meter
(2) Axial flow impeller type water meter
(3) Vane Chury pipe split flow water meter
(4) Connection flow impeller type water meter
(5) Those with the same or higher capability than the preceding items.
2 Notification in the case of installing the water quantity measuring device shall be based on notification of the installation of the water measurement device (Form No. 8).
(Report on amount collected)
Article 5 Report of collected volume prescribed in Article 12 of the Article reports the collected amount for the previous three months in April, July, October and January according to the groundwater collection amount report (Form No. 9) There must be.
Supplementary provision
This rule shall come into force as from September 1, 2011.

Inquiries regarding information on this page

Niseko Town Hall
TEL:0136-44-2121
FAX:0136-44-3500