Chapter
IV Pollution Control
Part
1 Pollution Control Committee
 |
Section 52 |  | For
the purpose of pollution control under this Act, there shall be a committee called
the "Pollution Control Committee" (PCC)
which consists of
|
the Permanent Secretary of the Ministry of Science, Technology and Environment
as the Chairman, | | the Director-General of the
Department of Local Administration, | | the Director-General
of the Police Department, | | the Director-General
of the Department of Land Transport, | | the Director-General
of the Harbor Department, | | the Director-General
of the Department of Public Works, | | the Director-General
of the Department of Mineral Resources, | | the Director-General
of the Department of Industrial Works ' the Director-General of the Health Department, |
| the Director-General of the Department of Agriculture, |
| the Director-General of the Department of Environmental
Quality Promotion, | | the Secretary-General of the
Office of Environmental Policy and Planning, | | the
Permanent Secretary for the Bangkok Metropolitan Administration |
| and not more than five qualified persons appointed by the National Environmental
Board as members and the Director-General of the Department of Pollution Control
as member and secretary. |
Section
14 and section 15 shall apply mutatis mutandis
to the holding office of the qualified members in the Pollution Control Committee. |
|
Section 54 | |
Section 16, section 17 and section 20 shall apply
mutatis mutandis to the performance of functions of the Pollution Control Committee
and subcommittee. |
Part
2 Emission or Effluent Standards
|
Section 55 | | The
Minister shall, with the advice of the Pollution Control Committee and the approval
of the National Environment Board, have the power to publish notification in the
Government Gazette prescribing emission or effluent standards for the control
of wastewater discharge, polluted air emissions, or discharge of other wastes
or pollutants from point sources into the environment, in order to meet the environmental
quality standards set by virtue of this Act for the conservation of national environmental
quality. |
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Section 56 | | In
case there have been standards prescribed by virtue of the other laws concerning
wastewater discharges, polluted air emissions, or discharge of other wastes or
pollutants from point sources of pollution into the environment and such standards
are no less stringent than the emission or effluent standards set by the Minister
by virtue of section 55, such standards shall continue to be effective by virtue
of the laws related thereto. If however, such standards are less stringent than
the emission or effluent standards set by the Minister pursuant to section 55,
the government agencies empowered by such laws shall amend such standards in conformity
with the emission or effluent standards under this Act. If there is any obstacle
preventing from doing so, the National Environment Board shall resolve on such
matter and the government agencies concerned shall act in accordance with such
resolution. |
|
Section 57 | | In
case any government agency is empowered by the other law to prescribe emission
or effluent standards in any matter, but that government agency fails to exercise
its power, the Minister shall, with the recommendation of the Pollution Control
Committee and with the approval of the National Environment Board, publish notification
in the Government Gazette prescribing the emission or effluent standards in question
and such standards shall be deemed to have been set by the governing law on such
matter. |
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Section 58 | | If
it is deemed reasonable, the Changwat Governor shall have the power to publish
notification in the Government Gazette prescribing a special set of emission or
effluent standards applicable to the pollution control area designated by section
59, higher than the standards set pursuant to section
55 or the standards set by virtue of other law which remain in force according
to section 56. |
Part
3 Pollution Control Area
|
Section 59 | | In
case it appears that any locality is affected by pollution problems and there
is a tendency that such problems may be aggravated to cause health hazards to
the public or adverse impact on the environmental quality, the National Environment
Board shall have power to publish notification in the Government Gazette designating
such locality as a pollution control area in order to control, reduce and eliminate
pollution. |
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Section 61 | | The
action plan for reduction and eradication of pollution in the pollution control
area under section 60 shall propose the estimation
and request for government budget and Fund allocations for construction or operation
of the central wastewater treatment plant or the central waste disposal facility
necessary to reduce and eradicate pollution in that pollution control area. |
|
Section 62 | | In
case it is necessary to acquire a piece of land to be used as the site of the
central wastewater treatment or central waste disposal facility for any pollution
control area but State owned land is not available, steps shall be taken to select
and acquire land for the siting purpose. If there are expenses, the estimate and
request for government budget and Fund allocation shall be made in the Changwat
Action Plan. If it is unable to proceed under the first paragraph, suitable
land shall be selected and proposed to the Minister in order to take steps to
expropriate such land in accordance with the law on expropriation of immovable
property. |
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Section 63 | | The
Changwat Governor shall supervise and oversee the local official's actions under
section 59. If no action is taken by the local official
within a reasonable time, the Changwat Governor shall have the power to take action
on behalf of the local authority upon notification to such local authority and
the National Environment Board. |
Part
4 Air and Noise Pollution
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Section 64 | | Usable
vehicle shall conform to the emission standards prescribed for such vehicle pursuant
to section 55. |
|
Section 65 | | If
it is found that the use of any vehicle is in violation of section
64, the competent official shall have the power to prohibit the use of
such vehicle permanently or until it will have been modified or improved to meet
the emission standard requirements prescribed pursuant to section
55. |
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Section 66 | | In
issuing the order prohibiting to use of vehicle according to section
65, the competent official shall make the sign clearly shown by the words
"Use Prohibited Permanently" or "Use Prohibited temporarily"
or any other sign, known and understood by the general public to have the same
meaning, on any part of such vehicle. The making or removal of the sign under
the first paragraph, or the use of vehicle while the said sign is on, shall be
in accordance with the rules, methods and conditions specified in the ministerial
regulation. |
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Section 67 | | In
performing his duty under section 65, the competent
official has the power to stop and inspect the vehicle, enter into the vehicle
or to do any act necessary to check and test the engine and equipment of such
vehicle. |
|
Section 68 | | The
Minister shall, with the advice of the Pollution Control Committee, have the power
to publish notification in the Government Gazette specifying the types of point
sources of pollution that shall be controlled in regard to the emission of polluted
air, ray, or other pollutants, in the form of smoke, fume, gas, soot, dust, ash,
particle or any other form of air pollutant, to the atmosphere, in conformity
with the emission standards prescribed under section 55,
or standards prescribed by any government agency by virtue of the other law which
remain in force according to section 56, or standards
set by the Changwat Governor in special case for the pollution control area according
to section 58. The owner or possessor of the
point source of pollution under the first paragraph has the duty to install or
bring into operation an on-site facility for air pollution control, equipment
or other instrument as determined by the pollution control official in order to
control, dispose, reduce or eliminate pollutants which may affect the air quality,
unless such facility, equipment or instrument has already been in place and still
in a working condition upon the inspection and test by the pollution control official.
For the purpose of this section, the pollution control official may also require
that the operation of such facility, equipment or instrument be controlled by
the Monitoring Control Operator. The provisions of the first and second
paragraphs shall apply mutatis mutandis to the point source of pollution which
emit or generate noise or vibration in excess of the emission standards set pursuant
to section 55, or the standards set by any government
agency by virtue the other law which remain in force according to section
56, or the standards set by the Changwat Governor in special case for the
pollution control area according to section 58. |
Part 5 Water Pollution
|
Section 69 | | The
Minister shall, with the advice of the Pollution Control Committee, have the power
to publish notification in the Government Gazette specifying the types of point
sources of pollution that shall be controlled in regard to the discharge of wastewaters
or wastes into public water sources or into the environment outside the limits
of such point sources, in conformity with the effluent standards set pursuant
to section 55, or the standards set by any government
agency by virtue of the other law which remain in force according to section
56, or the standards set by the Changwat Governor in special case for the
pollution control area according to section 58. |
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Section 70 | | The
owner or possessor of the point source of pollution under section
69 has the duty to construct, install or bring into operation an on-site
facility for wastewater treatment or waste disposal as determined by the pollution
control official. For this purpose, the pollution control official may also require
that such owner or possessor commission a Monitoring Control Operator to control
the wastewater treatment or waste disposal facility that shall be constructed,
installed or brought into operation accordingly. If any point source of pollution
has had an on-site facility for wastewater treatment or waste disposal before
the date of notification of the Minister under section 69,
the owner or possessor of such point source of pollution shall inform the pollution
control official to check the functioning system of the facility. If its capability
to treat wastewaters or dispose of wastes fails to meet the applicable standards,
the owner or possessor has the duty to modify or improve it in conformity with
the pollution control official's directions. |
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Section 71 | | In
any pollution control area or locality where a central wastewater treatment plant
or a central waste disposal facility has been brought into operation by the administration
concerned, the owner or possessor of the point source of pollution according to
section 70 , first paragraph, who has not yet constructed,
installed or brought into operation the on-site facility for wastewater treatment
or waste disposal according to the prescription of the pollution control official,
or may not want to construct or make arrangements for such a system, shall have
the duty to send the wastewaters or wastes generated by his activities to the
central wastewater treatment plant or central waste disposal facility in the pollution
control area or in that locality for treatment or disposal and shall have the
duty to pay the service fees at the rates fixed by virtue of this Act or the other
related laws. |
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Section 72 | | In
any pollution control area or locality where the central waste water treatment
plant or central waste disposal facility has been brought into operation by the
administration concerned, the owner or possessor of any point source of pollution,
except those under section 69, shall have the duty
to send wastewaters or wastes from his source of pollution to the central waste
water treatment plant or the central waste disposal facility in that pollution
control area or locality for treatment or disposal and shall have the duty to
pay service fees at the rates fixed by virtue of this Act or the other related
laws, except such point source of pollution has already had its own wastewater
treatment or waste disposal facility which is capable to meet the standards prescribed
under this Act. |
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Section 73 | | No
person shall be employed as a Monitoring Control Operator or as a Service Contractor,
who renders for hire the services of wastewater treatment or waste disposal, without
obtaining the license from the local official. Application and issuance of license,
qualifications of the applicant, control of the licensee's performance, renewal
of license, issuance of certificate in lieu of the license, suspension or revocation
of the license and fee payments for the application and issuance of license shall
be in accordance with the rules, procedures and conditions stipulated by ministerial
regulation. The person who has obtained a license to be a Service Contractor
shall also be deemed to have obtained a license to be a Monitoring Control Operator. In
rendering the services of wastewater treatment or waste disposal by the Service
Contractor according to the first paragraph, the service charges shall not exceed
the rates fixed by the ministerial regulation. |
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Section 74 | | In
any pollution control area or locality where the central wastewater treatment
or central waste disposal facility of the public service is yet to be put into
operation, but there is nonetheless a Service Contractor who is licensed to render
such services within that area, the owner or possessor of the point source of
pollution according to section 70 and section 71 shall be required to send the
wastewaters or wastes from his point source for treatment or disposal by such
Service Contractor in accordance with the rules, regulations, methods and conditions
prescribed by the local official, with the advice of the pollution control official. |
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Section 75 | | In
any pollution control area or locality where the central wastewater treatment
or central waste disposal facility is yet to be put into service by the government
and there is no licensed Service Contractor rendering services therein, the local
official may, with the advice of the pollution control official, determine a temporary
method necessary for the treatment of wastewaters or disposal of wastes from point
sources of pollution under section 70 and section
71 until the central wastewater treatment or central waste disposal facility
will have been constructed, installed and put into operation within such pollution
control area or locality. The temporary method for wastewater treatment or
waste disposal according to the first paragraph shall mean to include the collection,
transport or conveyance of wastewaters or wastes by whatever appropriate means
to be treated or disposed by the central wastewater treatment plant or central
waste disposal facility of the government in the other area; or to allow the licensed
Service Contractor rendering services in the other area to render the same services
in that pollution control area or locality temporarily; or to allow such licensed
Service Contractor to collect and transport wastewaters or wastes to treat or
dispose by his own wastewater treatment or waste disposal facility located outside
that pollution control area or locality. |
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Section 76 | | Wastewaters
treated by either the central wastewaters treatment plant of the government or
by the wastewater treatment facility of the Service Contractor must also have
the properties which meet the requirements of the effluent standards prescribed
by virtue of section 55, or the standards prescribed
by virtue of the other law which remain in force according to section
56, or the standards set by the Changwat Governor in special case for the
pollution control area according to section 58. |
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Section 77 | | The
government agency or the local authority which makes provision for the services
of central wastewater treatment or central waste disposal facilities by using
government budget, or revenues of the local authority, and Fund allocations under
this Act shall be responsible for the management and control of such facilities.
In this respect, the responsible agency or local authority may employ a licensed
Service Contractor under this Act to manage and control the operation of such
facilities. Regulations, rules and methods for conveyance, collection and transport
of wastewaters or wastes from the point sources of pollution to the central wastewater
treatment plant or central waste disposal facility as well as prescriptions, prohibitions,
restrictions and other conditions for discharging and draining of wastewaters
or wastes from factories and other point sources of pollution under section
72 into the systems of central wastewater treatment or central waste disposal
facilities shall be prescribed by the ministerial regulation. |
Part 6 Other Pollution
and Hazardous Waste
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Section 78 | | The
collection, transport and other arrangements for the treatment and disposal of
garbage and other solid wastes; the prevention and control of pollution from mining
both on land and in the sea; the prevention and control of pollution from the
exploration and drilling for oil, natural gas and all kinds of hydrocarbon both
on land and in the sea; and the prevention and control of pollution resulting
or originated from the discharge of oil and the dumping of wastes and other matters
from sea-going vessels, tankers, and other types of vessel, shall be in accordance
with the governing laws related thereto. |
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Section 79 | |
In case there is no specific law applicable thereto, the Minister shall, with
the advice of the Pollution Control Committee, have the power to issue ministerial
regulation specifying the types and categories of hazardous wastes generated from
the production and usage of chemicals or hazardous substances in the production
process of industry, agriculture, sanitation and other activities which shall
be brought under control. For this purpose, rules, regulations, measures and methods
must also be prescribed for the control of collection, storage, safety measures,
transportation, import into the Kingdom, export out of the Kingdom, and for proper
and technically sound management, treatment and disposal of such hazardous wastes. |
Part 7 Monitoring, Inspection
and Control
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Section 80 | | The
owner or possessor of the point source of pollution, required by virtue of section
68 or section 70, to have his own facility
for treatment of polluted air, equipment or instrument for control of the discharge
of polluted air or other pollutants or the wastewater treatment or waste disposal
facility, shall have the duty to collect statistics and data showing the daily
functioning of the said facility or equipment and instrument, and make detailed
notes thereof to be kept as recorded evidence at the site of that point source
of pollution, and shall submit report summarizing the functioning results of the
facility, equipment or instrument to the local official of the locality where
such point source is situate at least once a month. The collection of statistics
and data, the making of notes and reports shall be in accordance with the rules,
procedures, methods and format specified by ministerial regulation. In case
the facility for treatment of polluted air, wastewaters or waste disposal or equipment
and instrument indicated in the first paragraph requires a Monitoring Control
Operator as determined by the pollution control official, the Monitoring Control
Operator shall have the duty to act under the first paragraph on behalf of the
owner or possessor. The Service Contractor licensed to render wastewater
treatment or waste disposal services shall have the duty to do the same as the
owner or possessor of the point source of pollution is required under the first
paragraph. |
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Section 81 | | The
local official shall gather the reports received according to section
80 and send them to the pollution control official, who has jurisdiction
over that locality, on a regular basis at least once a month. In doing so, the
local official may make comments for consideration of the pollution control official. |
|
Section 82 | | In
order to perform his functions under this Act, the pollution control official
is empowered as follows :
| (1) | To
enter into the building, place and site of the factory or point source of pollution
or the site of wastewater treatment or waste disposal facility which belongs to
any person, between the sun rise and sun set or during the working hours, to inspect
the functioning process of wastewater treatment or waste disposal facility, air
pollution control system or equipment and other instrument for the control of
polluted air or other pollutants, as well as to examine the notes, statistics
or data on the functioning of the said facility, equipment and instrument, or
when there is a reasonable suspicion that there is a non-compliance with this
Act. | | (2) | To issue an order
in writing directing the owner or possessor, the Monitoring Control Operator,
or the licensed Service Contractor rendering the services of wastewater treatment
or waste disposal, to correct, change, improve or repair the air pollution control,
wastewater treatment or waste disposal facility or other equipment and instrument
for the control of polluted air or other pollutants. If however, the point source
of pollution is a factory, the official under the law on industrial plants s a
be notified to take action within his power and duty. If such official fails to
do so, the pollution control official shall have the power to take action in accordance
with this Act. | | (3) | To issue
a written order directing the owner or possessor of the point source of pollution
which is not a factory to pay penalties as provided under section
90, section 91 or section 92. If the point source of pollution is a factory
the official under the law on industrial plants shall be notified to order the
owner or possessor of such factory to pay the penalties and, in doing so, such
official under the law on industrial plants shall be deemed to be the pollution
control official under this Act. If, however, such official fails to issue the
penalty order within a reasonable time, the pollution control official shall then
have the power to issue the order directing the owner or possessor of such factory
to pay the penalties. | | (4) | To
issue a written order directing the Service Contractor licensed to render the
services of wastewater treatment or waste disposal to stop or shut down his services,
or revoking his license in case such Service Contractor violates or does not comply
with this Act, or any ministerial regulation, local ordinance, rule, notification
or condition issued or stipulated by virtue of this Act, or does not comply with
the order of the pollution control official issued by virtue of this Act. |
| (5) | To issue a written order suspending
the Monitoring Control Operator under section 68 or section
70 in case such Monitoring Control Operator violates or does not comply
with this Act, or any ministerial regulation, local ordinance, rule, notification,
or condition issued or stipulated by virtue of this Act, or does not comply with
the order of the pollution control official issued by virtue of this Act. |
|
|
Section 84 | | In
the performance of duty under this Act, the competent official or the pollution
control official must produce his identity card at the request of the person concerned.
The identity card of the competent official and pollution control official
shall be in such a form as prescribed in the ministerial regulation. |
|
Section 85 | | The
owner or occupier of premises, vehicles or any person concerned shall facilitate
the performance of duty under this Act by the competent official or the pollution
control official who shall be official under the Penal Code. |
|
Section 86 | | The
performance of duty by the competent official under section
50 , first paragraph, or section 65 and the
performance of duty by the pollution control official under section
82 (1) shall be done in the presence of the owner or occupier of the premise
or vehicles; if such person cannot be found, it shall be done in the presence
of at least two other persons requested by the competent official or the pollution
control official to attend as witnesses. |
|
Section 87 | | The
owner or possessor of the point source of pollution, the Service Contractor licensed
to render services of wastewater treatment or waste disposal, the Monitoring Control
Operator or any other person who is not satisfied with the order of the pollution
control official under section 82 (2), (3), (4) or (5),
is entitled to challenge such order by petition to the Pollution Control Committee
within thirty days form the date of receiving the order of the pollution control
official. If the petitioner does not agree with the decision of the Pollution
Control Committee, he shall appeal to the Minister within thirty days from the
date of receiving notification of the Pollution Control Committee's decision. The
decision of the Minister shall be final. |
Part
8 Service Fee and Penalty
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Section 88 | | In
any pollution control area or locality where a central wastewater treatment plant
of a central waste disposal facility has been constructed and brought into operation
as a public utility service, funded by government budget or revenue of the local
administration and money allocated from the Fund as provided in this Act, the
National Environment Board shall, with the advice of the Pollution Control Committee,
fix the rates of service fee to be applicable within the limits of each pollution
control area or locality, being the site of and served by the operation of such
facility. The service fee rates fixed according to the foregoing first paragraph
shall be notified and published in the Government Gazette. |
|
Section 89 | | The
rates of service fee fixed according to section 88
for treatment of wastewaters or for disposal of wastes emanated from point sources
pursuant to section 71 and section 72 may be varied
as appropriate. The owner or possessor of the point source of pollution governed
by the provision of section 72, in the category of
domestic household, that can be classified as a small-scale user is entitled to
be exempted from the payment of service fees in accordance with the rules and
conditions stipulated by the National Environment Board, with the advice of the
Pollution Control Committee. |
|
Section 90 | | Any
owner or possessor of point source of pollution who avowedly refrains from sending
wastewaters or wastes to the central wastewater treatment plant or the central
waste disposal facility as required by section 71 or section
72 and illegally discharges such wastewaters or wastes into the environment
outside the limits of the site of the point source owned or possessed by him,
or does send the wastewaters or wastes to the central wastewater treatment plant
or the central waste disposal facility of the public service for treatment but
fails or refuses to make payment for the service fees without being entitled to
the exemption as provided by section 89, second paragraph,
shall be liable to pay as a penalty four time as much the amount of service fee
that he is liable to pay at the rate fixed in accordance with section
88 until the provision of this Act is observed by him. |
|
Section 91 | | Any
owner or possessor of the point source of pollution, required by section
70 to have an on-site facility for wastewater treatment or waste disposal,
who illegally discharges wastewaters or wastes into the central wastewater treatment
plant or the central waste disposal facility of the public service, shall be liable
to pay as a daily penalty four time as much the amount of daily expenses for the
normal operation of his on-site facility for wastewater treatment or waste disposal
throughout the duration of such illegal discharge and shall also be liable to
pay damages if such illegal discharge has caused any damage or defection to the
central wastewater treatment plant or the central waste disposal facility of the
public service. |
|
Section 92 | | Any
owner or possessor of the point source of pollution subject to the requirements
of section 68 or section 70, who refrains from using
his on-site facilities or equipment for the control of air pollution, noise pollution
and vibrations, or refrains from operating his on-site facilities for the treatment
of wastewaters or disposal of wastes and illegally discharges such untreated wastewaters
or wastes into the environment outside the limits of the site of the point source
of pollution, shall be liable to pay as a daily penalty four time as much the
amount of daily expenses for the normal operation of his facilities, equipment
or process for wastewater treatment or waste disposal throughout the duration
of such illegal discharge. |
|
Section 93 | | The
local authority or the competent official of the government agency responsible
for the operation of the public wastewater treatment plant or waste disposal facility
shall have the power and duty to collect service fees, penalties and claim for
damages as provided in this Part, particularly in connection with the operation
of the central wastewater treatment plant or the central waste disposal facility
of the public service which is made available by such local authority or government
agency. The service fees and penalties collectable in accordance with the foregoing
first paragraph shall be exempted from being remitted to the Treasury as government
revenues, but shall be deducted and remitted to the Fund at the ratio specified
by the Fund Committee, whereas the balance therefrom shall be used as expenditures
for operation and maintenance of the central wastewater treatment plant or the
central waste disposal facility of the local authority or government agency which
is responsible to collect such service fees and penalties. | |
