1-4. Waste Management Act: The Generator's Responsibility and Must-Check Items for Audits

The Waste Management and Public Cleansing Act (officially the Waste Management and Public Cleansing Act) is an important environmental law that stipulates the proper disposal of industrial waste generated as a result of business activities. The core concept of this law is "responsibility of the waste generator," which means that even if waste disposal is outsourced, the generator is responsible for the final disposal results. This is an issue that is always checked in administrative audits and EHS audits, and violations can lead to illegal dumping, environmental pollution, and loss of social credibility. Here, we will summarize the check items that are particularly asked in audits regarding the responsibility of waste generators.

The first checkpoint is the appropriateness of the contract. When outsourcing waste disposal, waste generators must enter into an "industrial waste disposal contract." This contract may be concluded in writing or electronically, but the contract must be in accordance with the law and in the latest format. In addition to the format, it is also important to accurately state specific details such as the type and quantity of waste to be disposed of, the disposal method, and the disposal company's license number.

The second point is to check the license of the disposal company. The audit will check whether the contractor has been officially licensed by the prefecture or designated city, and whether a copy of the license is on file. If there are any errors in the license expiration date or the type of waste to be handled, the outsourcing itself may be deemed illegal. In particular, cases where license renewal was forgotten or the type of waste handled was outside the permitted scope have led to illegal dumping issues in the past.

The third audit item is the proper use of manifests (industrial waste management slips). When outsourcing waste disposal, waste generators are obligated to issue manifests and track and confirm the process until final disposal is complete. The audit will check whether all manifests have been issued, whether returned slips B, D, and E have been properly stored, and whether the storage period (five years) has been observed. Delays or failure to return the waste is considered a sign of improper disposal by the contractor, so prompt follow-up is required.

The fourth checkpoint is conducting on-site inspections. It is strongly recommended that waste generators not only check documents but also regularly visit their contractor's treatment facilities to directly confirm that proper treatment is being carried out. In recent years, audits have placed emphasis on the presence or absence of "contractor inspection records," and require that records are kept of the frequency of on-site visits and the contents of inspections. Failure to do so will result in the waste generator being held strictly accountable for its supervisory responsibility if illegal dumping at a contractor is discovered.

Furthermore, what is often overlooked in audits is the classification and storage status of waste. These include checking the distinction between general waste and industrial waste, labeling of specially controlled industrial waste (such as waste oil, waste acid, and infectious waste), and whether storage locations are clearly indicated and leakage prevention measures are in place. Since violations of storage standards are directly linked to occupational health and safety risks, these are also important items from an EHS perspective.

In summary, the five points that must be examined in an audit regarding waste generator liability under the Waste Management and Public Cleansing Act are: 1) the appropriateness of contracts, 2) confirmation of the waste disposal company's license, 3) management of manifests, 4) on-site inspections, and 5) compliance with waste classification and storage conditions. These are not merely formal checks, but fundamental mechanisms for companies to prevent illegal dumping and environmental accidents. Neglecting waste generator liability not only exposes companies to legal risks, but also leads to significant damage to corporate value. Companies should use audits as an opportunity to review their management systems and simultaneously improve compliance and reliability.