Niseko town water supply source protection ordinance

the purpose

Article 1 In accordance with the purpose of Article 133 of the Niseko Town Environment Basic Ordinance (2003 Niseko Machi Ordinance Ordinance No. 29), this ordinance prevents pollution of the water quality of the townspeople's water supply, preserves the water environment And protecting the water source that is the source of life, we aim to secure natural water environment, safe and high quality water, and to transfer the good water environment to the future generations.

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) Water source This refers to an area to be used as raw water for a river, spring water and groundwater.
(2) Water source This refers to the water source related to the water supply in the town.
(3) Water source protection area This area is necessary to conserve water quality in the tap water source and its upstream area,
It refers to the area designated by the Mayor.
(4) Facilities listed in the appended table.

Mayor's duty

Article 3 Mayor may strive to implement measures concerning water quality conservation and water source protection.

Responsibility of townspeople

Article 4 Townspeople, etc. shall cooperate with the measures concerning the protection of water sources implemented by the town mayor in the area of ​​Honmachi.

Designation of water source protected area

Article 5 Mayor may designate protected area of ​​water source to protect water source.
2 When the town mayor intends to designate a water source protected area pursuant to the provisions of the preceding paragraph, he / she shall prepare the related documents in advance for general public inspection and seek such opinions.
3 When choosing a water source protected area pursuant to the provisions of paragraph 1, the mayor of the mayor of Niseko town water conservation council prescribed in the Niseko town water resource conservation council establishment ordinance (Niseko town ordinance No. 0 Heisei 23) (Hereinafter referred to as "the Council").
4 Mayor may designate water source protected area with reference to the opinions of the preceding two paragraphs.
5 When the town mayor designates a water source protected area, it shall announce that fact and its area.
6 Designation of a water source protected area shall be effective upon notice under the provision of the preceding paragraph.
7 The provisions from paragraph 2 to the preceding paragraph shall apply mutatis mutandis to the case where the designation of a water source protected area is to be changed or canceled.

Regulated facilities

Article 6 The facilities subject to regulation (hereinafter referred to as "regulated facilities") of the facilities subject to consultation shall be the facilities specified below.
(1) Facilities that could contaminate the quality of water supply
(2) Facilities that could affect the amount of water in the water source
(3) Water source rental facilities Facilities requiring logging of nourishing trees
(4) Facilities that could result in depletion of water sources for water intake

Prohibition of regulated facilities

Article 7 No one shall establish regulated facilities within a water source protected area.

Consultation and measures

Article 8 A person who intends to establish consultation target facilities within a water source protected area (hereinafter referred to as "business operator") shall submit a consultation letter to the mayor in advance about the plan and business contents prescribed by the regulations pertaining to said facility to be consulted And shall consult with the mayor about its contents. The same shall apply when the business operator intends to change the contents of the business pertaining to the facilities subject to consultation.
2. When the town mayor finds that it is necessary to preserve the water quality of the water source, or if it is deemed that there is a risk of affecting the water volume of the water source concerning the consultation document submitted pursuant to the provision of the preceding paragraph, You can advise or instruct persons to take necessary measures.
3 When there is consultation pursuant to the provision of paragraph 1, the mayor of the mayor shall hear the opinion of the council and certify whether it is a regulated facility.
4 When the town mayor finds that the target facility is the regulated facility pursuant to the provisions of the preceding paragraph, he / she shall notify the said business operator with a document.

Timing of consultation

Article 9 The consultation pursuant to the provisions of paragraph 1 of the preceding article shall be made by the time specified in each of the following items depending on the facilities subject to consultation listed in the following items.
(1) Target of consultation listed on the attached table 1 Until the date of application for application under Article 6 of the Building Standard Law (Act No. 201 of 1952) or notification under the provisions of Article 15 of the same law. However, in the case of targets subject to consultations of 10 square meters or less, it shall be thirty days prior to the date of construction
(2) Facilities to be consulted listed in the attached table 2 Until the time of application for approval under Article 16 or Article 20, Paragraph 1 of the Gravel Collection Act (Act No. 74 of 1964)
(3) Targets to be consulted listed in Appended Table 3 Until the time of application for permission under the provisions of Article 15, paragraph 1 of the Law Concerning the Treatment of Waste Disposal and Cleaning (Act No. 137 of 1965)
(4) Targets to be consulted listed in the appended table 4 Until the time of filing notification under the provisions of Article 5 or 7 of the Water Pollution Control Law (Law No. 138 of 1965)

Holding a briefing session

Article 10 Before conducting consultation pursuant to the provisions of Article 8, paragraph 1, the business operator explains the business contents of the facilities subject to consultation and the influence on the water supply source and its prevention measures related to the business activities to the concerned residents We must hold a meeting.
(2) When holding a briefing session pursuant to the provisions of the preceding paragraph, the business operator shall announce to that effect to the concerned residents and notify the town mayor ten days before the date on which the briefing meeting is held.
Three town mayors can attend the staff of the town in holding a briefing session.
4 When a business operator conducts a briefing session, he / she shall report the result to the mayor without delay.
(5) In cases where necessity arises as a result of consultation with related residents, etc. at the briefing session, the business operator shall conclude an agreement with the related residents.

Recommendation

Article 11 Mayor may hold consultations and briefing meetings with business operators when business operators do not take measures as prescribed in Article 8 paragraph 1 and paragraph 1 of the preceding article, We recommend to do.
(Cancellation order)
Article 12 Mayor may order the person who falls under the matters specified below to set up or discontinue use of facilities subject to consultation.
(1) Persons who have established or are using facility for consultation without consultation pursuant to Article 8, paragraph 1
(2) Persons who started establishment of facilities subject to consultation without waiting for the recognition under Article 8, paragraph 3
(3) Those who started establishment of regulated facilities despite being certified as regulated facilities pursuant to Article 8, paragraph 3
(4) Persons who started establishment of facilities subject to consultation not in accordance with the recommendation prescribed in Article 10
End of form

Cooperation request for water source protection

Article 13 The town mayor may request the relevant municipalities for appropriate measures when he / she finds it necessary in order to protect the water source.
2 When there is a request for cooperation from the related municipality to Honmachi in order to protect the water source, it shall be able to respond to it.

Publication of name

Article 14 Mayor shall publish the content not complying with the recommendation or order, the name thereof etc. if there is a person who does not obey the recommendation under Article 11 or the order under the provisions of Article 12 without just cause without reason be able to.
(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 15 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 16 Any person who violates an order under the provisions of Article 12 shall be punished by imprisonment with work for not more than one year or a fine of not more than 500,000 yen.

Both penal provisions

Article 17 When a representative of a corporation 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 the juridical person or person, he / she shall punish the actor, the juridical person The person shall also be imprisoned for the fine of the same Article.

Supplementary provision

This ordinance shall come into force as from September 1, 2011. However, the provisions of Articles 6 to 12 and Article 14 to Article 17 shall come into force as from May 1, 2011.

Appended table (related to Article 2)

Targeted facility and action
  1. Facilities that use water supply / drainage
  2. Digging gravel sampling sites, rock sampling sites and minerals, or collecting stones
  3. Industrial waste disposal facility or facility for storing industrial waste
  4. Specified facilities specified in the Water Pollution Control Law

Niseko town water supply source protection ordinance enforcement regulation

(Effect)
Article 1 This regulation shall determine the necessary matters concerning the enforcement of the ordinance in accordance with the provisions of Article 15 of the Niseko Town Water Supply Water Source Protection Ordinance (Niseko Machi Ordinance No. Heisei 1st, hereinafter referred to as "Ordinance") .
(Discussions)
The consultation pursuant to the provisions of Article 2, Paragraph 1 of Article 2 shall be carried out by attaching the following listed books to the regulatory subject matter facility consultation document (No. 1 form).
(1) Designated facility plan
(2) Drawings showing areas where regulated facilities are to be installed and nearby sketches
(3) Planning plan of regulated facilities
(4) In cases where a person intending to establish a controlled facility (hereinafter referred to as "business operator") is a juridical person, the articles of incorporation or contribution acts and registered matter certificates
(5) Other documents that the waterworks business administrator deems necessary
(Decision notice)
Notification under the provisions of Article 3 regulation Article 8, paragraph 4 shall be made according to the notice of decision of the regulated facility (type 2).
(Result report on briefing session)
Report according to the provisions of Article 4 regulation Article 10 paragraph 2 shall be carried out according to the result report of the related residents briefing session (No. 3 form).
(Recommendation)
Recommendation according to the provisions of Article 5 regulation Article 11, paragraph 1 shall be carried out by consultation target facility consultation and measures recommendation (No. 4 form).
(Cancellation order)
Article 6 The order for cancellation pursuant to the provisions of Article 12 shall be carried out in accordance with the Stop Order Installation Order (No. 5 Form).
(Delegation)
Article 7 In addition to what is provided for in this rule, necessary matters shall be determined separately.
Supplementary provision
This rule shall come into force as from May 1, 2011.

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