Policy and Legal Framework on Soil Contamination

Policy and Legal Framework
on Soil Contamination
Management in
Workshop on Strengthening Contaminated Soil Monitoring in Vietnam, 29-30 November 2011
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
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)
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
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
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 CounterMeasure 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
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 CounterMeasures 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
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 CounterMeasures 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 CounterMeasures 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.
Thank You