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Submissions :

Assistance with this translation has been provided by Chaninat and Leeds.  As a law firm in Bangkok, they specialize in litigation, and have experienced divorce and Thailand criminal defense lawyers on staff.


 

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

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.

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

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.

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.

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