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.

Chapter V Promotional Measures

Section 94
The owner or possessor of any point source of pollution, who has the duty according to this Act or other related laws to install an on-site facility for treatment of polluted air or wastewaters or for disposal of any other wastes, including the procurement of equipment, instrument, tools, appliances or materials necessary for control of pollution from such point source, or the Service Contractor licensed pursuant to this Act, is entitled to request for promotional supports and assistance from the government service in the following matters :

(1) Request for assistance regarding import duties for the import into the Kingdom of necessary machinery, equipment, instrument, tools, appliances or materials which are not available in the Kingdom.
(2) Application for permission to bring foreign experts or specialists into the country to carry out works concerning the installation, monitoring, control or operation of air pollution control systems, wastewater treatment works or waste disposal facilities in case qualified persons within the Kingdom are not available for recruitment and commissioning to supervise and control machinery, equipment, instrument or tools imported into the Kingdom pursuant to sub-section (1), including application for exemption of income tax that will incur from the performance of work as a supervisor of such person within the Kingdom.

The owner or possessor of the point source of pollution who has no legal duty as referred to in the foregoing first paragraph, but nonetheless wishes to install an on-site facility with his own equipment, instrument, tools or appliances for air pollution control, wastewater treatment or for disposal of other wastes emanated from his activities or business undertakings, is also entitled to request for promotional supports and assistance from the government service in accordance with the foregoing first paragraph.

Section 95
The request for promotional supports and assistance according to section 94 shall be made to the National Environment Board in accordance with the rules, procedures, methods and formats prescribed by ministerial regulation.

The National Environment Board shall consider and proceed with the request for promotional supports and assistance according to the foregoing first paragraph as it sees fit, taking into account the economic, financial and investment necessities of each individual applicant. In case it is considered appropriate to give assistance to the applicant, the National Environment Board shall recommend the government agencies concerned to act within their powers and functions to render promotional supports and assistance to the applicant accordingly

Chapter VI Civil Liability

Section 96
If leakage or contamination caused by or originated from any point source of pollution is the cause of death, bodily harm or health injury of any person or has caused damage in any manner to the property of any private person or of the State, the owner or possessor of such point source shall be liable to pay compensation or damages therefor, regardless of whether such leakage or contamination is the result of a willful or negligent act of the owner or possessor thereof, except in case it can be proved that such pollution leakage or contamination is the result of

(1) Force majure or war.
(2) An act done in compliance with the order of the Government or State authorities.
(3) An act or omission of the person who sustains injury or damage, or of any third party who is directly or indirectly responsible for the leakage or contamination.

The compensation or damages to which the owner or possessor of the point source of pollution shall be liable according to the foregoing first paragraph shall mean to include all the expenses actually incurred by the government service for the clean-up of pollution arisen from such incident of leakage or contamination.

Section 97
Any person who commits an unlawful act or omission by whatever means resulting in the destruction, loss or damage to natural resources owned by the State or belonging to the public domain shall be liable to make compensation to the State representing the total value of natural resources so destroyed, lost or damaged by such an unlawful act or omission.

Chapter VII
Penal Provisions

Section 98
Any person who violates or refuses to observe the order issued by virtue of section 8 or obstructs any act done in compliance with such order shall be punished by imprisonment not exceeding one year or fine not exceeding one hundred thousand baht, or both.

In case the person who violates or refuses to observe the order or obstructs any act done in compliance with such order is the person who has caused danger or damage arisen from pollution, such person shall be punished by imprisonment not exceeding five years or fine not exceeding five hundred thousand baht, or both.

Section 99
Any person who illegally encroaches upon, occupies, or enters into public land to act in any manner which results in the destruction, loss or damage to natural resources or treasures worthy of being conserved, or causes the occurrence of pollution having impact on the environment within the limits of environmentally protected area designated by virtue of section 43 shall be punished by imprisonment not exceeding five years or fine not exceeding five hundred thousand baht, or both.

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