Policy and Legal Framework on Soil Contamination Management in Thailand Workshop on Strengthening Contaminated Soil Monitoring in Vietnam, November 2011

Rationale Hazardous wastes generation has been increasing each year. The majority of household hazardous wastes have been disposed of with municipal wastes. Land contamination has become a growing concern due to increased amount of hazardous wastes generation and improper disposal.

Amount of Hazardous Wastes Generated Million Tons

Current Status of Soil Contamination in Thailand Common sources of contamination Illegal dumping of hazardous wastes (11 in 2010) Incidents (17 in 2010) Mining Leaks from underground storage Misuse and mishandling in agriculture

Illegal Dumping in Nakornratsima and Chonburi Provinces

Contamination from Mining

Current Policy Promote waste segregation at its source of generation. Capacity building for local authorities on household hazardous waste collection, transfer, and disposal. Integrated centers for infectious wastes.

Current Policy The Ministry of Industry passed the law that controls waste generators, transporters, and disposers. Construction of high temperature incinerator, managed by the Ministry of Industry. Green Mining Initiative by Department of Primary Industry and Mine

Thailand’s Environmental Laws

Environmental Laws Related to Land Contamination Hazardous Substance Act Enhancement and Conservation of National Environmental Quality Act Land Transportation Act Factories Act Public Health Act Mineral Act, Petroleum Act Atom Power for Peace Act Groundwater Act

Land Contamination Counter- Measure Mechanisms Pollution Control Department Emergency response Sample collection and analysis Inspection and investigation Department of Industrial Works Issue clean up orders if the cause of the contamination comes from a factory or if the contaminants are hazardous material Department of Mineral Resources Geophysics investigation Issue clean up orders if the cause of the contamination comes from mining industry Department of Groundwater Resources Hydrogeologic investigation Department of Public Health and local authorities Issue clean up orders in case of public health hazard

Thailand Twinning Project (2009) Identify the current gap in the regulation, policy, and institutional frameworks that need to be improved for better prevention and rehabilitation of contaminated land. Conduct a draft blueprint for improving the regulation, policy and institutional frameworks for preventing and rehabilitating contaminated land and proposed to the decision makers.

Challenges to Land Contamination Counter- Measures in Thailand There are several laws that are related to soil contamination problem and each law empowers different agencies to take action. However, there are no specialized laws and regulations in Thailand for land contamination remediation. Neither legislative nor institutional arrangements have been systematically installed to tackle soil contamination in Thailand. There are two alternatives to improve the law. First is to pass a new specialized law for land contamination prevention and remediation. Second is to improve the existing laws to better deal with the issues.

Challenges to Land Contamination Counter- Measures in Thailand Land contamination counter-measures in Thailand are short-termed including emergency response, inspection, removal, excavation, and containment. There is no standardized set of guidelines for remediation for each government authority to follow. PCD has no authority to declare contaminated sites, prohibit land use, or order responsible party or land owner to conduct site assessment and remediation.

Challenges to Land Contamination Counter- Measures in Thailand There is a limited fund available for short-termed measures. Funding should be made available for remediation because court ruling takes too long. No effective financial mechanisms where revenues collected from polluting land owners can be used to support subsequent land owner’s remediation of the contaminated land.

Future Works (Draft) Soil and ground water contamination in factories area Act is under process to be approved by the cabinet in order to protect human health and environment by contaminated soil and groundwater in factories. It is implemented unofficially. Guidelines for soil and ground water monitoring are also drafted.

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