INTERIM REPORT No.4 JICA EXPERT ACTIVITY. April June July 2009

Transcription

1 INTERIM REPORT No.4 on JICA EXPERT ACTIVITY April June July 2009 Hitoshi BABA, Ph.D. JICA Expert on Water Resources Policy Directorate General of Water Resources, Ministry of Public Works

2 PREFACE I am pleased to submit herewith the Interim Report No.4 on the proceedings that I made during the period from April to June The fourth quarter of my assignment has started with the beginning of dry season in Indonesia. Occasionally falling rains were rather mild for me and blessing the dried land and thirsty people I suppose. The water resources, however I am afraid, is changing its characteristics by global climate change and making further difficulties for us to live in safe and sustainable condition. I would like to take this opportunity to express my sincere appreciation to the officials of the Government of Indonesia, particularly, the Directorate General of Water Resources, for their kindest cooperation and assistance extended to myself. Hitoshi BABA Ph.D. JICA Expert on Integrated Water Resources Directorate General of Water Resources, Ministry of Public Works 1

3 TABLE OF CONTENTS 1. Record of Services 1 2. Proceedings in accordance with the Work Plan 2.1 Introduction of IWRM and IRBM IWRM/IRBM Project Support Coordination of Cooperation between agencies and publics related to water resources IWRM/IRBM Training Revised Implementation Schedule 11 APPENDIX A1. Japan s Law for Control of Flood Damage from Specified River in the Urban Area (1) Law for Control of Flood Damage (2) Summary of the Law for Control of Flood Damage (3) Enforcement Ordinance of the Law for Control of Flood Damage (4) Enforcement Regulation of the Law for Control of Flood Damage (5) Reference Laws and Provisions A2. Comment on the INITIAL DRAFT OF GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA REGARDING WATER USE RIGHT 123 A3. SUGGESTIONS ON THE SITU GINTUNG ISSUE 125 2

4 1. Record of Services - In response to the letter dated on 30 March 2009 regarding Setting Up Criteria on Urban River, the Expert has provided the English provisional translation of the Law for Control of Flood Damage from Specified River in the Urban Area and relating documents as followingly and attached in Appendix A1. (1) Law for Control of Flood Damage (2) Summary of the Law for Control of Flood Damage (3) Enforcement Ordinance of the Law for Control of Flood Damage (4) Enforcement Regulation of the Law for Control of Flood Damage (5) Reference Laws and Provisions - The Expert considers that the good practice of the comprehensive flood management in urban river in Japan would give good templates especially in Jakarta and its surroundings through making preparation on Criteria for Urban River as follow up of the Institutional Revitalization Project for Flood Management in JABODETABEK. - In this regards, the Expert proposed to hold a seminar to introduce the Japans' Law and the comprehensive flood management in urban rivers. The seminar is now under preparation. - In this quarterly period, the Expert has participated several seminars and workshops including: Kickoff Worksop on Banjir Bandang On 16 April 2009 at Jember CRBOM Regional Knowledge Hub Launch Workshop On 28 April 2009 at Solo - The Expert assisted the inception of Integrated Disaster Mitigation and Management Project for Banjir Bandang by coordinating the JICA project team and relevant officials of DGWR. The kick-off workshop of the project was held on April in Jenber where major disaster of Banjir Bandang occurred. - CRBOM (Center for River Basin Organization and Management) is one of the Knowledge Hubs of Asian Pacific Water Forum (APWF) that have launched on 26 June 2008 at PUB Singapore's WaterHub during Singapore International 1

5 Water Week. On 28 April 2009 at Solo, the CRBOM has officially been launched as a newly created alliance of agencies of the Government of Indonesia, composed of the Ministry of Public Works Directorate General of Water Resources, the Ministry s Research and Development Agency, and PJT I and II. - These organizations have decades of experience establishing and operating public utility-type and corporate-type river basin organizations; planning and developing water resource use and conservation; managing technical, financial, and management issues associated with river basin organizations and management; operating and maintaining water resource infrastructure; managing watersheds and river environments; and conducting research and development in hydrology, hydraulic structures and geotechnical engineering, river engineering, and sediment management. - CRBOM s activities will be implemented through the Network of Asian River Basin Organizations (NARBO) in collaboration with NARBO secretariat partners the Japan Water Agency (JWA), the Asian Development Bank (ADB), and the ADB Institute. CRBOM will be assisted by JWA through the Dissemination Unit for Water Resources Management and Technology, a JWA and JICA project to improve water resources management in Indonesia, and by ADB through a regional technical assistance project entitled, "Managing Water in Asia s River Basins: Charting Progress and Facilitating Investment". - JICA is supporting the project of Capacity Development for RBO s in Practical Water Resources Management and Technology (CDRBO) for Dissemination of IWRM and the synergies with the ADB supported (i) above mentioned CRBOM and (ii) DGWR/PBSDA based- TA 7016 Capacity Building in Water Resources in a Decentralized Environment. - The Expert is continuously supporting the project team of CDRBO by communicating with authorities of Indonesia, JICA, JWA and the Ministry of Land, Infrastructure, Transport and Tourism of Japan. - JICA is also supporting the Flood Management in Bandung and also initiatives with Puslitbang on community environmental clean up activities in the upper Citarum river basin, closely coordinating with the ADB suported Integrated Citarum Water Resources Management Investment Program (ICWRMIP). - With coordination, the Expert associated ADB consultants with CDRBO projects so that direct communications and sharing of information can occur. 2

6 - In order to make effective Coordination with ADB and the teams of CDRBO and other Loan projects, the Expert has arranged joint meetings and discussions. Coordination between the projects assisted by JICA and the ADB project of Flood Management in Selected River Basins (FMSRB) (Financed by the Japan Special Fund) has been discussed with ADB Mission (Mr. Christopher Wensley) on 11 March The meeting discussed the JSF-financed RETA 6470: Managing Water in Asia's River Basins supporting regional integrated water resources management (IWRM) activity, based in the Bengawan Solo basin, and also JICA's upcoming $70 million flood management sector project which will finance priority works (mainly in urban areas) throughout Indonesia. - The Mission clarified that the proposed MFF project FMSRB was aimed at non-urban areas, nor would it duplicate the work being undertaken under the regional JSF-funded IWRM project (which aims to encourage further basin water investments under the Water Financing Partnership and demonstrate good practices in introducing IWRM in river basins across the region). The Expert described other activities being financed by Japan in a pilot basin in Java on community mitigation for flash flooding, which may be expanded to more river basins, and JICA's ongoing work in Brantas river basin. - The meeting agreed that there would not be any duplication of activities between these programs and the proposed MFF. The mission assured the Embassy and JICA that the TA consultants will ensure complementarity and actively coordinate with ongoing JICA work and avoid overlap with ongoing JSF activities in IWRM in the Bengawan Solo basin under RETA In this regard, the detailed TOR for consulting services will specifically mention the need to promote coordination with JICA operations. - On February 2009, a cracking damage on Pluit Pumping House that had been caused by subsidence of land and permeation of sea water was found. - The pump house of Pluit Reservoir was constructed originaly in 1967, now 11 units of pump are withdrawing the excess of reservoir water to the dike which separate the land and Jakarta Bay. - The catchment area of Pluit Reservoir covers the vital area of Jakarta, including the business area of Glodok and the central governmental around President Palace. The ineffectively work of Pluit Pumping House in the east side may cause inundation in several areas: Pluit, Kalibaru, Kota Tua, and Jl. 3

7 Hayam Wuruk. - The increasing subsidence of land level of Jakarta has caused severe damage on the east pump house that would permeate sea water corrosion which might disturb the function of that pump house. - After knowing this information, the Expert examined the site and conducted to take immediate action to formulate Japanese Grant Assistance to restore the important reservoir. - Accordingly, a formal request from DKI has been issued through the Ministry of Public Works in this quartery period. - As for project formulation and support, the Expert conducted the initiation of the Capacity Development Project for Comprehensive Flood Control in JABODETABEK and Study on Adaptation Strategies for Climate Change Impacts for 2 River Basins by discussing with C/P officials. Some other projects, which are listed on the Technical Assistance Project Request for JICA FY2010, were also investigated by the Expert and supplemented with his comments into PBIS and Application Forms. - In order to investigate water resources sector and current activities of related organizations and to identify specific disadvantages of current water management system, the Expert made field reconnaissance visits to several places. - On May 26, for example, the expert investigated Citarum River and tributaries, where rain water in the basin occasionally cumulates inundation severely in the town of Dayeuh Kolot. The Expert has discussed with officials of BBWS Citarum about the current conditions of the flooding and possibilities of flood control measures to protect the urban area of Dayeuh Kolot. - Providing information on training program in Japan with related to the water sector, the Expert helped the DGWR nominate and send trainee to several courses of training in Japan. - In this quartery period, following training programmes were introduced and processed with nomination of C/P officials. 4

8 Integrated Water Resources Management Comprehensive Management of River and Dam Training Course for Expert on Flood-related Disaster Mitigation - In response to the request of Directorate of Water Resources for advisory service, the Expert has submitted a comment on the Initial Draft of the Government Regulation of Water Use Right as attached (Appendix A2). - The comment is based on the experiences of water use administration which Japan has so far cultivated under practical activities of water resources management. The main objective is to point out, in comparison with Japan s Water Use Right Legislations, the fundamentally important aspect of the regulation that need to be added on the first draft so as to clearly legislate the water use right and make effective water resources management. - Regarding the Situ Gintung, in responding to the request of DGWR and the Minister of PW, the Expert submitted a paper of suggestions on April (Appendix A3). This is to suggest administrators to take better renovation of the Situ Gintung with a planning and designing of maximum utilization of the previous spaces to create safe and prosperous place to live. At the same time, maintenance of public facilities and land keeping administration must be improved and certainly implemented. - On the occasion of the 7 th Ministers Forum on Infrastructure Development in the Asia-Pacific Region, the Expert has made arrangement of the bilateral meeting between the Ministar Ir. Djoko Kirmanto Dipl.HE, Ministry of Public Works, Indonesia and the vice Minister for Engineering Affairs Mr. Hiroaki Taniguchi, Ministry of Land, Infrastructure, Transport and Tourism, Japan on 22 June 2009 at Singapore. 5

9 2. Proceedings in accordance with the Work Plan 2.1. Introduction of IWRM and IRBM - To investigate of water resources sector and current activities of related organizations; Considering the difficulties on urban flood management especially in Jakarta and its surroundings, the Expert has made discussions with C/P officials how to take comprehensive actions involving relating organizations. In this regard, the DGWR is preparing for the Setting up of Criteria on Urban River. Responding to the request from C/P, the Expert has provided the English provisional translation of the Law for Control of Flood Damage from Specified River in the Urban Area and relating documents as followingly and attached in Appendix A1. (1) Law for Control of Flood Damage (2) Summary of the Law for Control of Flood Damage (3) Enforcement Ordinance of the Law for Control of Flood Damage (4) Enforcement Regulation of the Law for Control of Flood Damage (5) Reference Laws and Provisions The Expert considers that the good practice of the comprehensive flood management in urban river in Japan would give good templates especially in Jakarta and its surroundings through making preparation on Criteria for Urban River as follow up of the Institutional Revitalization Project for Flood Management in JABODETABEK. In this regards, the Expert proposed to hold a seminar to introduce the Japans' Law and the comprehensive flood management in urban rivers. The seminar is now under preparation. - To identify specific disadvantages of current water management system; The Expert made field reconnaissance visits to several places. On May 26, for example, the expert investigated Citarum River and tributaries, where rain water in the basin occasionally cumulates inundation severely in the town of Dayeuh Kolot. The Expert has discussed with officials of BBWS Citarum about the current conditions of the flooding and possibilities of flood control measures to protect the 6

10 urban area of Dayeuh Kolot. Regarding the Situ Gintung, the Expert submitted a paper of suggestions on April (Appendix A3). This is to suggest administrators to take better renovation of the Situ Gintung with a planning and designing of maximum utilization of the previous spaces to create safe and prosperous place to live. At the same time, maintenance of public facilities and land keeping administration must be improved and certainly implemented. - To provide advice and/or guidance on the water resources sector reform; The Expert made inquiries into the water right legislation that is now under preparation for the Initial Draft of the Government Regulation of Water Use Right. This Government Regulation would be the first modern water right in Indonesia and will require condensed discussions among relevant agencies and publics as well as water sector professionals to get it realized into final version. After investigating through the Initial Draft, the Expert has submitted a comment based on the Japan s experiences of water use administration which they have so far cultivated under practical activities of water resources management. The expert will continuously support DGWR by providing advice on the legislation from engineering and practical point of views. - Through workshops and/or lectures, to introduce principles and benefits of IWRM and IRBM technology to the DGWR and its related organizations; The Expert has participated several seminars and workshops including: (1) Kickoff Worksop on Banjir Bandang on 16 April 2009 at Jember (2) CRBOM Regional Knowledge Hub Launch Workshop on 28 April 2009 at Solo The Expert participated as a chair person at the latter workshop and introduced some knowledges about the principles and benefits of IWRM and IRBM technology 7

11 2.2. IWRM/IRBM Project Support - To provide advice and/or guidance on formulation of water resource related projects based on IWRM and IRBM; The Expert conducted the initiation of the Capacity Development Project for Comprehensive Flood Control in JABODETABEK and Study on Adaptation Strategies for Climate Change Impacts for 2 River Basins by discussing with C/P officials. Some other projects, which are listed on the Technical Assistance Project Request for JICA FY2010, were also investigated by the Expert and supplemented with his comments into PBIS and Application Forms. - To provide advice and/or guidance on the smooth implementation of on-going studies and projects using IWRM and IRBM; Under the Institutional Revitalization Project for Flood Management in JABODETABEK, the study team made survey on Pluit Pump Station of DKI for proposing emergency rehabilitation. The Expert participated on the engineering discussion and provided advice on detail rehabilitation planning. The Expert with the study team have taken immediate action to formulate Japanese Grant Assistance to restore the Pluit Reservoir. Accordingly, a formal request from DKI has been issued through the Ministry of Public Works in this quartery period. The Expert also assisted the inception of Integrated Disaster Mitigation and Management Project for Banjir Bandang by coordinating the JICA project team and relevant officials of DGWR. The kick-off workshop of the project was held on April in Jenber where major disaster of Banjir Bandang occurred Coordination of Cooperation between agencies and publics related to water resources - To support the DGWR in carrying coordination meetings in which agencies responsible for water resources participate and discuss IWRM/IRBM issues; 8

12 On the occasion of the 7 th Ministers Forum on Infrastructure Development in the Asia-Pacific Region, the Expert has made arrangement of the bilateral meeting between the Ministar Ir. Djoko Kirmanto Dipl.HE, Ministry of Public Works, Indonesia and the vice Minister for Engineering Affairs Mr. Hiroaki Taniguchi, Ministry of Land, Infrastructure, Transport and Tourism, Japan on 22 June 2009 at Singapore. - To propose public awareness program on efficient water use and conservation of water environment in collaboration with DGWR staff and academic group(s); The Expert, in cooperation with the Embassy of Japan, JICA Indonesia office, a local NGO who is working for environmental activities and the project team of the technical assistance of Capacity Development Project for River Basin Organizations (RBOs) in Practical Water Resources Management and Technology, is now preparing to hold a public awareness program on efficient water use and conservation of water environment. Detail program will be released in the next quartery period. - To support the DGWR in establishing and operating River Basin Organizations (RBO) for implementing IWRM and IRBM; The Expert has arranged joint meetings and discussions. Coordination between the projects assisted by JICA and the ADB project of Flood Management in Selected River Basins (FMSRB) (Financed by the Japan Special Fund) has been discussed with ADB Mission (Mr. Christopher Wensley) on 11 March ADB clarified that the proposed MFF project FMSRB was aimed at non-urban areas, nor would it duplicate the work being undertaken under the regional JSF-funded IWRM project which aims to encourage further basin water investments under the Water Financing Partnership and demonstrate good practices in introducing IWRM in river basins across the region. The Expert with the mission of ADB have coordinated programs and the proposed MFF project of FMSRB, assuring that the TA consultants will ensure complementarity and actively coordinate with ongoing JICA work and avoid overlap with ongoing JSF activities in IWRM in 9

13 the Bengawan Solo basin under RETA IWRM/IRBM Training - To provide training information and materials including Workshop and/or Symposium on IWRM and IRBM to foster capacity development of the DGWR; The Expert helped the DGWR nominate and send trainee to several courses of training in Japan. In this quartery period, following training programmes were introduced and processed with nomination of C/P officials. Integrated Water Resources Management Comprehensive Management of River and Dam Training Course for Expert on Flood-related Disaster Mitigation - To provide both JICA and DGWR with advice on planning, preparation and possible implementation of the technical assistance of Capacity Development Project for River Basin Organizations (RBOs) in Practical Water Resources Management and Technology ; The Expert has been supporting the project of Capacity Development for RBO s in Practical Water Resources Management and Technology (CDRBO) for Dissemination of IWRM and the synergies with the newly launched CRBOM and ADB s DGWR/PBSDA based- TA 7016 Capacity Building in Water Resources in a Decentralized Environment by communicating with authorities of Indonesia, JICA, JWA and the Ministry of Land, Infrastructure, Transport and Tourism of Japan. The Expert also supports the Flood Management in Bandung and also takes initiatives with Puslitbang on community environmental clean up activities in the upper Citarum river basin, closely coordinating with the ADB suported Integrated Citarum Water Resources Management Investment Program (ICWRMIP). With coordination, the Expert associated ADB consultants with CDRBO projects so that direct communications and sharing of information can occur. 10

14 3. Revised Implementation Schedule (Red colored) Component Activities Introduction of IWRM/IRBM; - Investigation of current sector and activities - Identify disadvantages of current system - Advice and/or guidance on the sector reform - Workshops/ lectures of IWRM/IRBM Support IWRM/IRBM Projects; - Advice on IWRM/IRBM project formulation - Advice on the on-going studies and projects Coordination of cooperation between agencies; - Support carrying coordination meetings - Propose public awareness program - Support establishing RBOs IWRM/IRBM Training; - Provide training programs on IWRM/IRBM - Advice on the possible TA project of RBOs Reporting - Report on the activities performed Period First Year Second Year Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Periodical Final 11

15 APPENDIX A1. Japan s Law for Control of Flood Damage from Specified River in the Urban Area (1) Law for Control of Flood Damage (2) Summary of the Law for Control of Flood Damage (3) Enforcement Ordinance of the Law for Control of Flood Damage (4) Enforcement Regulation of the Law for Control of Flood Damage (5) Reference Laws and Provisions 12

16 Law for Control of Flood Damage from Specified River in the Urban Area Table of Contents Chapter I General Rules (Article 1 Article 3) Chapter II Plan for Flood Control Measures in the River-basin, etc. Clause 1 Formulation, etc. of the Plan for Flood Control Measures in the River-basin (Article 4 & Article 5) Clause 2 Measures taken based on the Plan for Flood Control Measures in the River-basin (Article 6 ~ Article 8) Chapter III Regulations, etc, in the Catchment Area of Specialized River in the Urban Area Clause 1 A Permit, etc. for an Action to Hamper Infiltration of Storm Water (Article 9 ~ Article 22) Clause 2 Conservation Regulating Pond (Article 23 ~ Article 26) Clause 3 Management Agreement (Article 27 ~ Article 31) Chapter IV Anticipated Zone of the Urban Flood, etc. (Article 32 & Article 33) Chapter V Miscellaneous Rules (Article 34 ~ Article 37) Chapter VI Penal Provisions (Article 38 ~ Article 42) Additional Rules 13

17 Chapter I General rules Article 1 (Purpose) The purpose of this law shall be as follows. There is the catchment area of a river that flows through urban area, where an extensive damage from the flood happens or is feared to happen; in spite of such condition, in where it is hard to take measures to prevent such damage such as arranging a river channel, etc. due to progress of urbanization. In order to protect the lives, bodies and the properties of the citizens from the damage by the flood, this law designates the said river and the said river basin as the specialized river in the urban area and the catchment area of the specialized river in the urban area, respectively. In doing so; it intends to push ahead the integrated measures to prevent the damage from flood in the catchment area of the specialized river in urban area by formulating a plan for the flood control measures in the river-basin, arranging facilities for reservation and infiltration of storm water by the river administrator or by deciding other measures so that it may consequently serve in securing the public welfare. Article 2 (Definition) 1. In this law, specialized rivers in the urban area are the rivers that flow through the urban area (rivers that are stipulated in Article 3, Clause 1 of the River Law (Law No.167, Year 1964), this effect is applied in the following articles), of which river basin, an extensive flood damage happens or is feared to happen, however, it is hard to take measures to prevent such flood damages such as arranging a water channel or a flood control dam due to progress of urbanization; among such rivers, specialized river in the urban area shall mean what are designated by the Minister of Land, Infrastructures and Transportation or by the governor of the prefecture by restricting the specific zone of the said river by the stipulation in the following article. 2. In this law, the catchment area of the specialized river in the urban area is the river-basin that is designated by the Minister of Land, Infrastructure and Transportation or by the governor of the prefecture by means of stipulation in the following article as the catchment area of the said specialized river in the urban area; [in the case where the zone related to the said specialized river in the urban area does not include the river estuary; the catchment area from the most downstream point of 14

18 the said zone to the river estuary is excluded; and in the case that there is a sewer system that discharges wastewater into the said river (hereinafter referred to as specialized urban sewer system ) in the said river-basin; the area, to which such wastewater is discharged (the discharge area stipulated in Article 2, No.7 of the Sewage Water Law (Law No.79, Year 1958; this effect is applied also in the following articles) is included]. 3. In this law, the flood damage shall mean the damage caused to the lives, bodies or properties of the citizens in the catchment area of the specialized river in the urban area by the flood (hereinafter referred to as the urban flood ); or by the inundation caused by temporary heavy rainfall, where all of such rainwater cannot be discharged into the sewer or other drainage systems or into the public water such as the river (hereinafter referred to as urban inundation ). 4. In this law, the river administrator shall mean the administrator of the river stipulated in Article 7 of the River Law; {in the case that, according to the provision in Article 9, Clause 2 or Clause 5 of the same Law, the governor of the prefecture or the head of the designated city [the designated city referred to in Article , Clause 1 of the Local Autonomy Law (Law No.67, Year 1947; this effect shall be applied in the following articles)]controls a part of the Class A river (the Class A river referred to in Article 4, Clause 1 of the River Law; this effect shall be applied to the following articles) in the designated zone stipulated in Article 9, Clause 2 of the River Law; the governor of the said prefecture or the head of the said designated city}. 5. In this law, the administrator of sewer line shall mean; the administrator of the public sewerage stipulated in Article 4, Clause 1 of the Sewage Water Law, the administrator of the sewerage in the river-basin stipulated in Article 25-3, Clause 1 of the same law and the administrator of the urban sewer system stipulated in Article 27, Clause 1 of the same law. 6. In this law, the facilities for reservation and infiltration of storm water shall mean the facilities, which have functions to reserve storm water temporarily or infiltrate the storm water into the ground for the purpose of prevention of the flood damage. 7. In this law, the disaster prevention pond shall mean, among the facilities for reservation and infiltration of storm water, the facilities that have a function to 15

19 reserve storm water temporarily; which are installed by the one other than the river administrator and the administrator of the sewerage (excluding the ones that are installed by the countermeasure work stipulated in Article 10, Clause 1, No.3 getting a permit referred to in Article 9). 8. In this law, the conservation regulating pond shall means, among the disaster prevention ponds, what are stipulated in Article 23, Clause In this law, the housing area, etc. shall mean housing areas, marsh land, waterway, small reservoirs, roads and other land that are stipulated by the cabinet order as the land, into which rainwater is difficult to infiltrate. Article 3 (Designation of the specialized river in the urban area, etc.) 1. As to one or more than two 1 st class rivers in one river system, the Minister of Land, Infrastructure and Transportation may designate them by restricting a specific zone as the specialized river in the urban area. 2. The specific zone of the river designated by the stipulation in the preceding clause shall be the zone constituted by consecutive section of the Class A river. In the case that more than two Class A rivers are designated by combining them, the consecutive section of one of the Class A rivers shall be connected with the consecutive sections of other Class A rivers directly, or indirectly through the consecutive section of the other 1 st class rivers. 3. In the case that the Minister of Land, Infrastructure and Transportation designates the specialized river in the urban area under the provision in the preceding Clause 2, it shall designate, at the same time, the catchment area of the specialized river in the urban area that is related to the said specialized river in the urban area. 4. In the case that entire area, which is intended to be designated by the provisions in the preceding Clause 1 and Clause 2, is within the designated zone provided in Article 9, Clause 2 of the River Law; regardless of the provisions in Clause 1 and the preceding Clause, designation of the specialized river in the urban area and the catchment area of the specialized river in the urban area shall be made by the governor of the prefecture. 16

20 5. As to one or more than two Class B rivers in one river system, which is stipulated in Article 5, Clause 1 of the River Law, the governor of the prefecture may designate them by restricting a specific zone as the specialized river in the urban area. In this case, the provisions in the preceding Clause 2 and Clause 3 shall be applied correspondingly. 6. In the case of the preceding two clauses, if the catchment area of the specialized river in the urban area to be designated extends to more than two prefectures, the governor of the prefecture provided in the said clauses shall be the governor (in the case that the said catchment area of the specialized river in the urban area extends to more than two prefectures; governor of the prefecture and the other governor of the prefecture, in which a part of the said catchment area of the specialized river in the urban area is included in the said prefecture). 7. In the case that the governor of the prefecture intends to designate the specialized river in the urban area and the catchment area of the specialized river in the urban area under Clause 3 (restricted to the case where the provision in this clause is applied correspondingly in Clause 5) and by the provisions referred to in the preceding 3 clauses; it shall discuss the matter in advance with the Minister of Land, Infrastructure and Transportation to obtain its consent. 8. In the case that the Minister of Land, Infrastructure and Transportation intends to designate the specialized river in the urban area and the catchment area of the specialized river in the urban area under the provisions in the preceding Clause 1 and Clause 3; it shall hear in advance the opinion of the governor of the prefecture and the heads of the city / town / village, which includes entire or a part of the said catchment area of the specialized river in the urban area in its jurisdiction as well as the administrator of the specialized urban sewer system related to the said catchment area of the specialized river in the urban area. 9. In the case that the governor of the prefecture intends to designate the specialized river in the urban area and the catchment area of the specialized river in the urban area under the provisions in Clause 3 (restricted to the case where the provision in this clause is applied correspondingly in Clause 5) and from Clause 4 to Clause 6; it shall here in advance the opinion of the heads of the city / town /village, which includes entire or a part of the said catchment area of the specialized river in the urban area in its jurisdiction as well as the administrator of the specialized urban 17

21 sewer system related to the said catchment area of the specialized river in the urban area 10. In the case that the Minister of Land, Infrastructure and Transportation or the governor of the prefecture designates the specialized river in the urban area and the catchment area of the specialized river in the urban area under the provisions in the preceding Clause 1, Clause 3 (including the case that the provisions in this clause is applied correspondingly in Clause 5) and from Clause 4 to Clause 6; it shall announce the matters publicly in accordance with the ministerial decree of the Ministry of Land, Infrastructure and Transportation. 11. Provisions referred to in each preceding clause shall be applied correspondingly in the case of alteration or cancellation of the designation of the specialized river in the urban area and the catchment area of the specialized river in the urban area. 12. administrator of the specialized urban sewer system related to the said catchment area of the specialized river in the urban area. Chapter II Plan for the flood damage control measures in the river-basin, etc. Clause 1 Formulation, etc. of the plan for flood damage control measures in the river-basin Article 4 (Formation of the plan for flood damage control measures in the river-basin) 1. In the case that the specialized river in the urban area and the catchment area of the specialized river in the urban area have been designated under the provisions in the preceding article; the river administrator of the said specialized river in the urban area, the heads of the prefecture as well as the city / town / village, which include entire or a part of the said catchment area of the specialized river in the urban area in their jurisdictions, and the administrator of the specialized urban sewer system related to the said catchment area of the specialized river in the urban area (they shall be referred to in this article and in the next article as the river administrator, etc. ), shall establish in cooperation each other a plan concerning measures trying to prevent the flood damage in the catchment area of the specialized river in the urban area (hereinafter referred to as a plan for the flood 18

22 damage control measures in the river-basin). 2. In the plan for the flood damage control measures in the river-basin, matters referred to as follows shall be set up. 1) Basic policy for the measures to be taken to the flood damage in the catchment area of the specialized river in the urban area. 2) Amount of rainfall that gets to be the target to prevent the urban flood or the urban inundation that would happen in the catchment area of the specialized river in the urban area. 3) Matters related to maintenance of the specialized river in the urban area. 4) Matters related to development / maintenance of the facilities for reservation and infiltration of storm water to be executed by the administrator of the said specialized river in the urban area in the catchment of the specialized river in the urban area. 5) Matters related to development / maintenance of the specialized urban sewer system to be executed by the administrator of the sewerage (excluding the matters to remove only the wastewater). 6) Matters related to temporary reservation and of storm water and infiltration of the storm water into the ground executed by the ones other than the river administrator and the administrator of the sewerage for prevention of the flood damage in the catchment area of the specialized river in the urban area). 7) Matters related to operation of the pumps (restricted to those for discharge of wastewater into the river) for the specialized urban sewer system, which is under control of the administrator of the sewerage. 8) Matters related to measures to be taken to prevent increase of damage in the case of happening of the flood damage. 9) Besides what are provided in the preceding clauses, matters related to measures needed for prevention of the flood damage. 3. In the case that the river administrators, etc. intends to establish the plan for flood damage control measures in the river-basin under the provision referred to in the preceding Clause 1; it shall confer the matter in advance with the Minister of Land, Infrastructure and Transportation to obtain its consent. However, in the case where the administrator of the specialized river in the urban area related to the said plan for flood damage control measures in the river-basin is the Minister of Land, Infrastructure and Transportation; this rule shall not be applied. 4. In the case that the river administrator, etc. intends to establish the plan for the flood 19

23 damage control measures in the river-basin ; if it thinks necessary, it shall hear the opinions of the persons who have academic backgrounds on the river as well as on the sewer system. 5. In the case where the river administrator, etc. intends to establish the plan for flood damage control measures in the river-basin ; if it thinks necessary; it shall take in advance the measures needed to reflect opinion of the residents in the catchment area of the specialized river in the urban area such as to hold the public hearing, etc. 6. In the plan for the flood damage control measures in the river-basin, as to the matters referred to in Clause 2, Clause 3 and Clause 4, the river administrator, etc. shall set up them based on the plan created by the administrator of the said specialized river in the urban area. 7. In the plan for the flood damage control measures in the river-basin, as to the matter referred to in Clause 2, No.5, the river administrator, etc. shall set up it based on the plan created in cooperation with each other by the administrator of the sewerage of the said specialized urban sewer system and the governor of the prefecture, in which entire or a part of the discharge area of the sewerage controlled by the said administrator of the sewerage is included. However, in the case that entire part of the said discharge area is included in one city / town / village; the said matter shall be set up based on the plan created by the said administrator of the sewerage. 8. In the case that the river administrator, etc. has established the plan for flood damage control measures in the river-basin ; it shall announce the effect publicly without delay in accordance with the ministerial decree of the Ministry of Land, Infrastructure and Transportation. 9. Provisions referred to in clauses from Clause 3 to the preceding clause shall be applied correspondingly to the alteration of the plan for flood damage control measures in the river-basin. Article 5 (Execution, etc. of the plan for flood damage control measure in the river-basin) 1. Based on the basic policy for the flood damage control measures provided in the said plan for the flood damage control measures in the river-basin, the river 20

24 administrator, etc. shall endeavor to take the following measures, in cooperation with other river administrator, etc., with whom it has formulated the plan for the flood damage control measures in the river-basin ; those for development / maintenance of the facilities for reservation and infiltration of storm water, enlightenment on the measures taken to the flood damage control and others needed for execution of the flood damage control measures. 2. Those who live or run a business in the catchment area of the specialized river in the urban area shall try to reserve temporarily or to infiltrate storm water into the ground so as to prevent happening of the flood damage in the said catchment area of the specialized river in the urban area ; and it shall also cooperate with the measures taken by the river administrator, etc to accomplish the purpose of this law. Clause 2 Measures taken based on the plan for flood damage control measures in river-basin) Article 6 (Development / maintenance of facilities for reservation and infiltration of storm water by river administrator ) 1. Based on the plan for The river administrator may establish or control the facilities for reservation and infiltration of storm water in the catchment area of the specialized river in the urban area for prevention of the damage caused by the urban flood of the specialized river in the urban area 2. As to the facilities for reservation and infiltration of storm water, which is established or controlled by the river administrator under the provision in the preceding clause; provisions stipulated in the River Law as well as those set up by other cabinet orders shall be applied considering that the said facilities for reservation and infiltration of storm water are the river control facilities provided in Article 3, Clause 2 of the same law; the area of the land that is the premises of the said facilities for reservation and infiltration of storm water is the zone of the river provided by Article 6, Clause 1 of the same law; and the construction work related to the said facilities for reservation and infiltration of storm water is the river construction work provided by Article 8 of the same law. 3. According to the provisions stipulated in the ministerial decree of the Ministry of Land, Infrastructure and Transportation, the river administrator shall announce 21

25 publicly the area of the facilities for reservation and infiltration of storm water, which is controlled by it, as the area set up by the cabinet order. In the case of changing the conditions of the said area, the rule shall be applied. Article 7 (Defrayment by other local authorities) 1. The local authority, which execute the matters related to those referred to in Article 4, Clause 2, No.5 or No.6, as the project based on the plan for the flood damage control measures in the river-basin, may burden all or a part of the costs required for the said project with the other local authorities that get benefit from the said project by placing a limit at the degree of benefit received by them. 2. In the case that the local authority intends to burden all or a part of the costs related to the said project with the other local authorities that get benefit from the said project; it shall confer in advance the matters with the other local authorities that get the said benefit. Article 8 (Special case related to technical standard on drainage facilities) 1. In the case that the administrator of the public sewer system provided in Article 4, Clause 1 of the Sewage Water Law recognizes the following matters; it may establish the technical standard to be applied to the drainage system concerning temporary reservation of wastewater and storm water or infiltration of such water into the ground in place of the technical standard provided in Article 10, Clause 3 of the same law by the way of bylaw and according to the criteria set up by the cabinet order. - in order to prevent the flood damage in the catchment area of the specialized river in the urban area based on the plan for flood damage control measures in the river-basin, it is not enough that the drainage system (restricted to those remove storm water) stipulated in Article 10, Clause 1 of the same law fulfills the technical standard stipulated in the same Article, Clause 3, but the said system shall have the function to reserve storm water temporarily or to infiltrate such water into the ground. Chapter III Restrictions, etc. in the catchment area of the specialized river in the urban area. 22

26 Clause 1 A Permit, etc. for an action to hamper infiltration of storm water Article 9 (A Permit for an action to hamper infiltration of storm water) 1. In the case where one intends to take the actions listed as follows (excluding the actions taken based on the plan for flood damage control measures in the river-basin ; hereinafter referred to as the action to hamper infiltration of storm water ), which could hamper infiltration of storm water with the scale larger than what is stipulated by the cabinet order, in the land other than the housing area, etc. in the catchment area of the specialized river in the urban area ; the one shall obtain in advance a permit of the governor of the prefecture [in the case of inside boundary of the designated city, the core city referred to in Article252-22, Clause 1 of the Local autonomy Law, or the specialized city referred to in Article , Clause 1 of the same law (hereinafter referred to as the designated city ); the head of the said designated city. Same shall be applied to this chapter and to Article 38]. However, the above rule shall not be applied to the actions on the routine control, simple and easy actions and other actions that have been stipulated by the cabinet order as well as what is taken as an emergency measure needed for the emergency disaster. 1) Changes made on characters of the land in order to change the land into a housing area, etc. 2) Paving the land (it means to cover the land with an impervious material such as concrete, etc. and those fallen into the preceding clause shall be excluded). 3) Besides what are listed in the preceding clause 2, an action that is feared to increase volume of rainwater flown out from the land (it means the volume of rainwater that did not infiltrate into the ground and flows out to the other land; same effect shall be applied in the following articles); and what are stipulated by the cabinet order. Article 10 (Procedure for application) 1. One, who intends to obtain a permit referred to in the preceding article, shall submit an application containing the following matters to the governor of the prefecture in accordance with the provisions stipulated in the ministerial decree of the Ministry of Land, Infrastructure and Transportation. 1) Position, zone and scale of the area (hereinafter referred to as the action area ), in where one intends to take the action to hamper infiltration of storm water. 23

27 2) Plan of the construction work related to the action to hamper infiltration of storm water. 3) Plans of the construction work related to establishment of the facilities for reservation and infiltration of storm water and the construction work that is intended to make by oneself to restrain increase of rainwater volume that flows out by the action to hamper infiltration of storm water (hereinafter referred to as the countermeasure work. 4) Other matters provided by the Ministry of Land, Infrastructure and Transportation. 2. With the application referred to in the preceding clause, drawings and documents provided by the ministerial decree of the Ministry of Land, Infrastructure and Transportation shall be attached. Article 11 (Criteria for a permit) 1. In the case that the application referred to in Article 9 has been made; the governor of the prefecture shall give the permit when it recognizes that the plan on the said countermeasure work has taken necessary measures to restrain increase of volume of rainwater that may flow out as the result of the action to hamper infiltration of storm water in the zone, where the said action is taken according to the technical standard stipulated in the cabinet order (in the case that the bylaw referred to in the following article has been set up; it includes the technical standard provided by the said bylaw. This effect shall be applied similarly to Article 17, Clause 2 and Clause 3, Article 18, Clause 1 and Article 20, Clause 1, No.4); and at the same time, the procedure on the said application for the permit has not violated this law or the order issued based on this law. Article 12 (Enhancement of the technical standard by the bylaw) 1. In the event where, taking into account the state of happening of the flood damage or the particularity of the natural conditions in the said region, the local authority recognizes that it is difficult to prevent the flood damage in the catchment area of the specialized river in the urban area only by the technical standard stipulated by the cabinet order as referred to in the preceding article; it may enhance the said technical standard by means of the bylaw in accordance with the criteria provided by the cabinet order. 24

28 2. In the case that the city / town / village (excluding the designated city ) intends to establish a bylaw under the provisions referred to in the preceding clause; it shall confer the matter in advance with the governor of the prefecture to obtain its consent. Article 13 (Condition of the permit) 1. The governor of the prefecture may add necessary conditions to the permit referred to in Article 9 to restrain increase of the volume of rainwater in the action area that flows out because of the action to hamper infiltration of storm water. In this case, the said conditions shall not be what may place an unjust obligation on those who have obtained the said permit. Article 14 (Special case of the permit) 1. As to the action to hamper infiltration of storm water taken by the central government or the local authority; it is deemed that the permit referred to in Article 9 has been gotten when the discssion between the central government or the local authority and the governor of the prefecture reached an agreement.. Article 15 ( otification on permitted or not permitted) 1. In the case that the application referred to in Article 9 has been made, the governor of the prefecture shall decide without delay whether it shall be approved or not. 2. When the governor of the prefecture has made decision referred to in the preceding clause, it shall notify the result in writing with the one, who made the application referred to in the same clause. Article 16 (A permit on alteration) 1. The one who obtain the permit referred to in Article 9 (including the permit referred to in this clause) intends to change the matters listed in each clause of Article 10; it shall obtain the permit of the governor of the prefecture. However, in the case that such change is the minor ones provided in the ministerial decree of the Ministry of Land, Infrastructure and Transportation; this rule shall not be applied. 25