Converting Waste Plastics into Fuel Report on Situation Analysis of Existing Solid Waste Management System for Chiang Mai Province

Transcription

1 Converting Waste Plastics into Fuel Report on Situation Analysis of Existing Solid Waste Management System for Chiang Mai Province Prepared for United Nations Environment Program International Environmental Technology Centre (IETC)

2 Table of Contents List of Tables List of Figures i ii Chapter 1 Introduction History of the solid waste management problem Policy and plan for solid waste management problem Zoning of Solid Waste Management System for Chiang 3 Mai Province 1.4 Scope of this Report 3 Chapter 2 Regulatory Framework Overview of Regulatory Framework Description of Regulatory Framework on Solid Waste Management National Level Provincial Level Local Level Technical Guidelines Gap Analysis for Regulatory Framework 27 Chapter 3 Description of Institutions Involved in SWM Overview of Institutional Framework Roles and Responsibilities of Relevant Authorities, Institutions and Organizations National Level Provincial and Local Levels Private Sectors and Civil Society Gap Analysis 46 Chapter 4 Description of Financial Mechanism for SWM Overview of Financial Mechanism Total Income Generation for CM-PAO Trends in Financial Situation in Sub-district 50

3 Administrative Organizations Level 4.4 Summary of Financial Situation in Waste Management 52 at CM-PAO Jurisdiction 4.5 Gap Analysis 52 Chapter 5 Technology Used for Solid Waste Management Existing Solid Waste Management Mechanisms in 53 Chiang Mai 5.2 Selected Waste Management System from Districts in Middle Zone Choeng Doi Municipality, Doi Saket District San Kamphaeng Municipality, San Kamphaeng District San Sai Luang Municipality, San Sai District Recycling and Resource Recovery Gap Analysis 63 Chapter 6 Conclusion 64 Reference 66

4 List of Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Summary of regulatory framework related to SWM in Chiang Mai Province Local Government Office of Chiang Mai Province Revenues and estimated revenue of CM-PAO Expenses and estimated expense of CM-PAO Average rate of waste collection fee in CM-PAO Waste Management of Doi Saket District Waste Management of San Sai District Waste Management of San Kamphaeng District Quantity and method of waste recycle in the study areas

5 List of Figures Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Chiang Mai Solid Waste Management Zoning Integrated waste management scheme based on waste to energy concept Central government organizations related to the SWM Zoning map of Chiang Mai Districts Organization Chart for Chiang Mai Provincial Administrative Office Organization Chart of Chiang Mai City Municipality Office Figure 7 Distribution of revenue from three categories in 2007

6 Acronyms CM-PAO DEQP DIW EIA MNRE MoP MoIND MoINT NEB NEQA NGOs OEPP ONEP PAO PCAs PCD PHA PPP SWM TAO = Chiang Mai Provincial Administration Organization = Department of Environmental Quality Promotion = Department of Industrial Works = Environmental Impact Assessment = Ministry of Natural Resources and Environment = Ministry of Public Health = Ministry of Industry = Ministry of Interior =National Environmental Board = National Environmental Quality Act = Non Governmental Organizations =Office of Environmental Policy and Planning = Office of Natural Resources and Environmental Policy = Provincial Administrative Organizations = Pollution Control Areas = Pollution Control Department = Public Health Act = Polluter Pay Principles = Solid Waste Management = Tambon (Sub-district) Administrative Organization

7 Chapter 1 Introduction Chiang Mai province has long been suffered from solid waste management problem due to increasing population as well as changing of consumption pattern. Additionally, as the major tourist destination of the northern region, the province has to deal with solid waste generated by tourism activities. The report on environmental quality situation of the northern region in 2007 reported that the average waste per capita in the city of Chiang Mai can go as high as 1.2 kg/capita/day, 1.0 kg/capita/day for medium size municipality, and 0.8 kg/capita/day for small municipality. Rate of material recovery for by reuse and recycle is still low; 10-15% of waste generated. In terms of solid waste management system, there is no solid waste treatment area although there is a budget for the construction of waste transfer station. As for Chiang Mai City Municipality, solid waste collection and treatment has been sub-contracted to private sectors where final destination of waste disposal is unclear. Most of the municipalities do not use sanitary landfill system, and open dumping is still being employed. All the inappropriate waste management practice in the past has generated the skepticism in local citizens. At present, most of the waste transfer station and waste disposal sites construction plans has faced severe public protest. 1.1 History of the solid waste management problem Chiang Mai City Municipality had used land area at the municipal s stadium for the dumping and burning of solid waste from the beginning until year Management of solid waste after 1958 had been changed to landfill system at Mae Hea landfill site. Once the landfill capacity was reached, the landfill site had become open dumping area. 1

8 Public protest against the open dumping site occurred in Road to the dumping site were block by local communities affected. The situation got worse in 1994 when local people were against the open dumping idea and ran the protest campaign that led to accumulation of solid waste in the city for weeks. Since 1990, Chiang Mai City Municipality searched for new waste disposal sites but most of the sites proposed fail to get acceptance from public as well as the rejection from National Environmental Board since some areas were located in watershed protection area. Electricity from waste incinerator project was proposed and, again fail to gain public acceptance. Committee to solve solid waste problem in Chiang Mai City was formed in order to set up integrated waste management system in Conflicts between local population and related government agency persist until recent year. 1.2 Policy and plan for solid waste management problem It was clear from the beginning that solid waste management problem has threatened the livelihoods of local population and need immediate actions to resolve the problem. Ministry of Science, Technology and Environment (as of year 2000) in the meeting with Chiang Mai Provincial Administrative Organizations agree upon the following solutions 1.) Agreement to divided solid waste management into three zones to effectively manage the waste problem 2.) Selection of appropriate technology to be implemented by each local administrative organization. Expense in implementing of such technology will be the responsibility of respective local administrative organization. 3.) Chiang Mai Province shall draft the Provincial Solid Waste Management Plan to be presented to the Ministry. 2

9 1.3 Zoning of Solid Waste Management System for Chiang Mai Province. As a result of several meetings between related government agencies, it is resolved that in order to have effective solid waste management system in Chiang Mai, the province shall be divided into three zones in order to manage their wastes properly. The three zones are as follows (Figure 1); The northern zone leads by Wiang Fang Municipality Office and jointly manages the solid waste with other 3 municipality office and 17 sub-district administrative organizations in two districts. Middle zone leads by Chiang Mai Provincial Administrative Organizations (CM-PAO) together with other 5 municipality office and 31 sub-districts administrative organizations in three districts (Doi Saket, San Sai, and San Khamphang) Southern zone leads by Chiang Mai City Municipality working with 6 municipality offices from 4 districts. 1.4 Scope of this report The report aims to cover as much as possible the information of solid waste management in the Middle zone and partly from the southern zone due to the fact that the middle zone has proposed and implement integrated solid waste disposal facility in Doi Saket District receiving solid waste from 3 main districts and two other near by districts. As for the southern zone, the quantity of waste generated per capita is the highest due to nature of urban community, however, the waste management system in the southern zone has focused only on sub-contracting their responsibility to private sector and face difficulty in setting up their own waste disposal facility due to severe public protest. 3

10 Northern Zone Middle Zone Southern zone Figure 1 Chiang Mai Solid Waste Management Zoning. 4

11 Chapter 2 Regulatory Framework 2.1 Overview of Regulatory Framework The regulatory framework related to solid waste management (SWM) in Thailand can be classified into three levels which are the National, Provincial and Local levels. There are numbers of Laws/Acts, Regulations, Standards, and Technical Guidelines to overlook the management of sold waste in the country. Significant items have been summarized in Table 1. 5

12 Table 1 Summary of regulatory framework related to SWM in Chiang Mai Province. Focal Area Policies Laws/ Acts Regulations/Standards/ Guidelines Economic Instruments Overall National Solid Waste The Constitution of the None None Management Policy Kingdom of Thailand B.E.2550 (2007) Framework for Country s The Enhancement and Ministerial Regulation: None Environmental Quality Conservation of National # 9 (1998) Issued in the Royal Environmental Quality Act Gazette Dated 25 December (NEQA), Notification of the Ministry of Science, Technology and Environment, Issued under the NEQA, and published in the Royal Gazette Dated 7 August,

13 Notification of the Ministry of Science, Technology and Environment #3, Issued under the NEQA, and Published in the Royal Gazette Dated 13 February, Notification of the Ministry of Science, Technology and Environment, Re: Specifying Conditions, Procedures and Guidelines for Preparing Reports on Environmental Impact Assessment. Sanitation and disposal of solid waste None Public Health Act,

14 Household None Public Cleanliness and Municipal Act B.E. waste Orderliness Act (PCOA), 2496(1953) review to be the management 1992 twelfth issue B.E. 2546(2003), it is stated duties and functions of municipality. Industrial Waste National master Factory Act, 1992 Notification of the plan on the cleaner Ministry of Industry production and cleaner Concerning Factory Wastes technology 1988 Hazardous Waste Management Hazardous Substance Act, 1992 Hazardous Substance Act, 2001 Notification of Ministry of Industry Concerning Storage and Disposal of Toxic Substances 1982 Poisonous Substances Act 1967, amended in 1973 Notification of Ministry of Industry Concerning 8

15 Industrial Effluent Standards 1982 Notification of Ministry of Industry concerning manufacture and use of toxic substances 1982 Notification of Ministry of Industry Re: Hazardous waste manifest system B.E (2004) Source Reduction Strategic Plan on Packaging and Packaging Waste Management Industrial Estate Act, 1979 None Construction Building Control Act, 1979 None City Planning Act

16 Segregation of waste Transportation and Transfer Stations None None None None None None None Landfills None Factory Act, 1992 Notification of Ministry of Industry Concerning Storage and Disposal of Toxic Substances 1982 Incinerator None Notification of the Ministry of Science, Technology and Environment B.E.2540 (1997) dated June 17, B.E.2540, published in the Royal Government Gazette, Vol. 114 Part 63, dated August 7, B.E (1997) 10

17 Notification of the Ministry of Science, Technology and Environment B.E.2540 (1997) dated June 17, B.E.2540, published in the Royal Government Gazette, Vol. 114 Part 63, dated August 7, B.E (1997) Notification of Ministry of Natural Resource and Environment : Emission Standard for Infected Waste Incinerator published in the Royal Government Gazette, Vol. 120 Special Part 147 D, dated December 25, B.E (2003) Notification of Ministry of Natural Resource and 11

18 Environment : Infected Waste Incinerator is designated as Pollution Point Source which its emission must be controlled published in the Royal Government Gazette, Vol. 114 Special Part 147 D, dated December 25, B.E (2003) Recycling None None None Resource Recovery Construction and Demolition None None None None None C&D waste is considered as part of municipal solid waste 12

19 2.2 Description of Regulatory Framework on Solid Waste Management National Level (A) National Environmental Policies and Plans (A.1) Thai Government s Policies Regarding to the Natural Resources and Environmental Policy, the Government will implement an environment-friendly waste disposal system and enhance waste disposal capacity of local administrative authorities. The Government will also promote the private sector s role in research and development for recycling of raw material and clean technology. In addition, the Government will not allow Thailand to become an end receiver of waste, which has to bear the costs of industrial waste and pollution. (A.2) National Integrated Waste Management Policy All important aspects in governing the country normally follow the set of policies formulated. Solid waste management, with no exception, has to move toward national solid waste management policy. The policy is developed for integrated solid waste and waste water management. The policy aimed to minimize waste generation by promoting 3Rs hierarchy including promotion of source reduction and separation, waste stream recovery for composting, material and energy uses. Biogas, heat and electricity generated in the processes can be used in waste water treatment plant. In terms of waste treatment facilities, more effort shall be put towards an establishment of central solid waste management disposal facilities with appropriate technology, privatization of services may be needed in order to achieve high efficiency. The country shall implement the integrated waste management system based on waste to energy concept (Figure 2). Additionally, participation between public and private sectors is also emphasized. 13

20 In terms of policy implementation, the management of solid waste employs Polluter Pay Principles (PPP) for all sectors in society. Privatization or concession of services is also used as means to achieve effective solid waste management. Data base for waste management system shall be updated and informed to all parties involved. Provincial government shall be responsible for the preparation of land area to be used as long term waste treatment facilities. As for the implementation of law and regulation measures, related documents should be revised especially in terms of service fee, subsidy schemes for waste reduction, and the promotion of local community participation in waste management and monitoring of environmental quality are emphasized. Solid Waste Reduce Recyclable Organic Combustible Non-combustible Non-degradable Reuse Biogas Compost Incineration Refuse Derived Fuel (RFD) Landfill Recycling Heat/Electricity Ash Heat/Electricity Figure 2 Integrated waste management scheme based on waste to energy concept. 14

21 Other kinds of implementation measures are promotion of environmental education, research and development in environmentally sound technologies, capacity building for government officers and related private sectors, and environmental awareness raising for youths and local public. (A.3) National Master Plan on the Cleaner Production and Cleaner Technology For industrial waste management, the plan promoted the cleaner production and cleaner technology in order to minimize pollutions from the production line and other industrial activities as well as the pollutions or hazardous substances in the product itself. In this regard, projects on waste reduction in pulp and paper industry and in the plastic industry have been initiated. (B) National Regulatory Framework (B.1) The Constitution of the Kingdom of Thailand B.E.2550 (2007) According to The Constitution of the Kingdom of Thailand B.E.2550 (2007), environmental management is different from the previous constitutions. This law provides the public right to participate the prevention and elimination of any actions that is to deteriorate natural resources and to pollute the environment, some of the sections related to this statement are as follows; Section 57 A person shall have the right to receive data, explanations and reasons from a Government agency, a State agency, a State enterprise or a local government organization prior to the approval or the operation of any project or activity which may affect the quality of the environment, health and sanitary conditions, the quality of life or any other material interest concerning such person or a local community and shall have the right to express his or her opinions to 15

22 agencies concerned, for assisting further consideration of such matters. In planning social, economic, political and cultural development, or in undertaking expropriation, town and country planning, zoning and making by-laws likely to have impacts on essential interests of the public, the State shall cause to be held comprehensive public hearings prior thereto. Section 66 Persons so assembling as to be a community, a local community or a traditional community shall have the right to conserve or restore their customs, local knowledge, good arts and culture of their community and of the nation and participate in the management, maintenance, preservation and exploitation of natural resources, the environment and the biological diversity in a balanced and sustainable fashion Section 67 The right of a person to give to the State and communities participation in the conservation, preservation and exploitation of natural resources and biological diversities and in the protection, promotion and preservation of the quality of the environment for regular and continued livelihood in the environment which is not hazardous to his or her health and sanitary condition, welfare or quality of life, shall be protected as appropriate. Section 85 The State shall pursue directive principles of State policies in relation to land, natural resources and the environment, as follows: (1) to prescribe rules on land use which cover areas throughout the country, having regard to the consistency with natural surroundings, whether land areas, water surfaces, ways of life of local residents, and the efficient preservation of natural resources, and prescribe standards for sustainable land use, provided that residents in areas affected by such rules on land use shall also have due participation in the decision-making; 16

23 (2) to distribute land holding in a fair manner, enable farmers to have ownership or rights in land for farming purposes thoroughly through land reform or otherwise, and provide water resources for sufficient use of water by farmers in a manner suitable for farming; (3) to provide town and country planning and carry out the development and action in the implementation of town and country plans in an efficient and effective manner in the interest of sustainable preservation of natural resources; (4) to provide a plan for managing water resources and other natural resources systematically and in a manner generating public interests, provided that the public shall have due participation in the preservation, maintenance and exploitation of natural resources and biological diversity in a balanced fashion; (5) promote, maintain and protect the quality of natural resources in accordance with the sustainable development principle, control and eradiate polluted conditions affecting health, sanitary conditions, welfare and the quality of life of the public, provided that members of the public, local residents and local government organizations shall have due participation in determining the direction of such work. Section 290 A local government organization has powers and duties in connection with the promotion and maintenance of the quality of the environment as provided by law. The law under paragraph one shall at least contain the following matters as its substance: (1) the management, preservation and exploitation of the natural resources and environment in the area of the locality; (2) the participation in the preservation of natural resources and environment outside the area of the locality only in the case where the 17

24 livelihood of the inhabitants in the area may be affected; (3) the participation in considering the initiation of any project or activity outside the area of the locality which may affect the quality of the environment, health or sanitary conditions of the inhabitant in the area; (4) the participation by local communities. (B.2) The Enhancement and Conservation of National Environmental Quality Act (NEQA) At the national level, the NEQA of 1992 is the basic environmental protection law for the country and establishes the role of Ministry of Natural Resources and Environment (MNRE) in environmental planning, standard setting, and monitoring. Key points in the NEQA 1992 include the following pointes. the provision of the right of individuals to information, compensation and redress against violators, and the duty of individuals to assist and cooperate in enhancing and protecting the environment; a recognition of the role and standing of environmental NGOs; the provision for the Prime Minister or the delegated provincial governor to deal with emergencies or public danger arising from natural disasters or environmental pollution; the creation of a high-level multi-representational National Environmental Board (NEB) to oversee the coordinated response of ministries inter se and between central and provincial authorities; the reconstruction of environmental related agencies by setting up the Office of Environmental Policy and Planning (OEPP), Pollution Control Department (PCD), the Department of Environmental Quality Promotion (DEQP); 18

25 the establishment of an Environmental Fund from which resources will be drawn to combat environmental incidents and to enhance environmental protection efforts like research and training, disbursements of loans and grants, education, NGO funding etc. The fund provides grants to governmental agencies and low-interest loans to the private sectors who are engaged in the activities related to the improvement of the environment; the formulation of a National Environmental Management Plan and the subsequent duties of government agencies to implement the Plan and of provinces to draw up corresponding Provincial Action Plans, if required; the provision for the NEB to declare Pollution Control Areas (PCAs) in localities where particularly serious pollution concerns have arisen - contingent upon the declaration of a PCA, special measures may be taken to redress the problem in the area concerned, and a duty is henceforth imposed upon the provincial governor to draw up a Provincial Action Plan to redress the situation; the provision for the declaration of Conservation and Environmentally Protected Areas in environmentally-fragile areas where special measures can be taken to protect sensitive natural ecosystems and wherein a Provincial Action Plan would have to be formulated by the provincial governor to address the concerns; the provision for the NEB to assume jurisdictional competence over provinces where the provincial authorities demonstrate an unwillingness or incapacity to deal with a particular incident or to come up with suitable provincial plans; the prescription of a fairly-detailed environmental impact assessment (EIA) process which incorporates public participation and views of experts in decision-making; 19

26 the establishment of a multi-agency Pollution Control Committee to oversee pollution control matters, including the enactment of discharge standards; the regulation of air, noise, water and hazardous waste pollution, as well as other forms of pollution; the duty to use central waste treatment facilities, the expense for which is borne by the user (pursuant to the "polluter pays" principle); the prescription of various civil, criminal and administrative remedies for environmental violations. When focusing on solid waste management issue, it specifies the role of the municipality in: managing solid waste management, contracting out solid waste management services to the private sector where needed, and charging fees in accordance with ministerial regulations. The environmental fund can be used to finance solid waste investments proposed by local governments. As for industrial and hazardous wastes, the management is emphasizing on environmental planning and environmental quality standards and monitoring as well as the establishment of EIA system, which applies to industrial waste disposal sites. Examples of related section in NEQA 1992 are shown below. 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 in the sea; and the prevention and control of pollution resulting or originating 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. 20

27 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 regulations 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. Numbers of ministerial regulations were issued or revised in accordance to the revision of the NEQA, Following are the selected ministerial regulations related to the management of solid waste. Ministerial Regulation: # 9 (1998) Issued in the Royal Gazette Dated 25 December This regulation controls the registration of a private organization, who wishes to engage in environmental activities in Thailand, with the direct objectives in protecting the environment and conserving natural resources. Notification of the Ministry of Science, Technology and Environment, Issued under the NEQA, and published in the Royal Gazette Dated 7 August, This Notification sets standards of effluent of waste incinerator. Under this notification: the waste incinerator shall be divided into two sizes: o With the capacity rate of waste incineration: from 1 ton per day, but not more than 50 tons per day. 21

28 o With the capacity rate of waste incineration: more than 50 tons per day. Notification of the Ministry of Science, Technology and Environment #3, Issued under the NEQA, and Published in the Royal Gazette Dated 13 February, This Notification sets industrial effluence standards controlled by the Pollution Control Committee (PCC). Notification of the Ministry of Science, Technology and Environment, Re: Specifying Conditions, Procedures and Guidelines for Preparing Reports on Environmental Impact Assessment This Notification governs the conditions, procedures, and guidelines for preparing reports on Environmental Impact Assessment. Any central waste treatment plant (as described in the Factory Act) is governed by this Notification. It specifies that, if the waste treatment project is not required to be approved by the Thai Cabinet, the EIA reports can be submitted during the application for the establishment or the expansion of the factory. On the other hand, if the waste treatment project is required to obtain prior approval from the Thai Cabinet, the EIA reports must be submitted prior to the filing of the request for the Thai Cabinet s approval. (C) Laws and Regulations Related in SWM (C.1) Public Health Act (PHA), This is the most comprehensive laws dealing with solid waste management. The PHA specifies that local government must provide disposal facilities for infectious and industrial non-hazardous waste and that health-care facilities can treat and dispose of infectious waste with approval 22

29 from the local government. It emphasizes the roles of the municipality in solid waste management described in NEQA. The PHA Act designates sewage and solid waste management the responsibility of local authority. Therefore, waste management in Bangkok area will be under the responsibility of Bangkok Metropolitan Administration (BMA). As a consequent, BMA has the authority in licensing private solid waste operators to work on its behalf. BMA also has the authority to prescribe any rules, procedure, and conditions governing the waste management in Bangkok area. (C.2) Public Cleanliness and Orderliness Act (PCOA), The main content of this act is to forbid any activity that is likely to cause dirtiness to streets and public places allover the country. It specifies how households should store solid waste and place it for collection. The act is one of several that prohibit dumping of solid waste and littering. (C.3) Factory Act, The Act mainly controls and regulates the establishment and the operation of factories in Thailand by paying attention to the impacts of factory to the environment. Generally, factories are required to be kept clean and free from garbage and refuse at all time. Authorizes the Department of Industrial Works (DIW) to issue standards and specify methods for the control, handling, and disposal of waste by a factory and to license, permit, and inspect factory operations, including waste management. It also governs the licensing, permitting, and inspection of waste treatment, disposal, and recycling facilities. Also, according to Section 8 in the Act, PCD has authority to establish standards and criteria to control the factory operations, specially the standards and methods to control the disposal of waste, pollution or any contaminants caused from factory operation that impact the environment. 23

30 (C.4) Hazardous Substance Act, 1992 The act governs a broad range of hazardous materials, including hazardous and infectious waste. It also allows the handling, storage, transport, and disposal of hazardous waste to be specified in a ministerial decree. The act describes hazardous substance control criteria for import, production, transportation, consumption, disposal and export not to influence and danger to human, animals, plants, properties or environment. Ministry of Industry (MOIND) categorizes the hazardous substances into 4 types for use to control correctly and appropriately and formulates Hazardous Substances Information Center to coordinate with other government agencies in part of hazardous substances information and stipulation of the criteria and methods to register hazardous substances. (C.5) Industrial Estate Act, 1979 The Act oversees the powers of the Industrial Estate Authority of Thailand, including enforcement of regulations and taking action on hazardous waste practices within industrial estates. (C.6) Construction Building Control Act, 1979 There is the Construction Building Control Act of 1979, which controls the design, construction, renovation, remove and utilization of the building. The construction of waste treatment plant shall be considered as the construction of the building under this Act. (D) Code of Penalty There are some Sections in the Penal Code of Thailand, which relates to the management of waste and refuse: those are as follows: Under Section 237 of the Penal Code of Thailand, it states that whoever introduces a poisonous substance or any other substance likely to cause injury to health into food or water in any well, pond 24

31 or reservoir, and such food or water has existed or has been provided for public consumption, shall be punished with imprisonment of six months to ten years and fine of one thousand to twenty thousand Baht. Under Section 238, it states that if the offences committed according to Sections 226 to 237 causes death to the other person, the offender shall be punished with imprisonment for life or imprisonment for five to twenty years and fine of ten thousand to forty thousand Bath. If it causes grievous bodily harm to another person, the offender shall be punished with imprisonment of one to ten years and fine of two thousand to twenty thousand Baht. Under Section 239, its states that if the offences mentioned in Sections 226 to 237 be committed by negligence results in imminent danger to the life of the other person, the offender shall be punished with imprisonment not exceeding one year or fine not exceeding two thousand Baht, or both Provincial Level All national level Laws, Regulations, Ordinances and Guidelines relevant to SWM are applicable at provincial level Local Level All National level Laws, Regulations, Ordinances and Guidelines relevant to SWM are applicable at local level. However, the local authority in Thailand is divided into three levels of municipalities - city, town and sub-district municipality. The classification is based on number of population in the area. 25

32 At the municipal level, each municipality does issue its own regulations such as regulations on solid waste management and regulation on trade control. Regulations issued by the municipal office are implemented together with other national laws described above. The two major Acts from the national level; Public Cleanliness and Orderliness Act (1992) and the Public Health Act (1992) have described the issue of solid waste management in details therefore, the municipal office can simply adopt the requirement, and penalty code specified in those act directly without issuing their own regulation. At the Sub-district level, each Sub-district (Tambon) Administrative Office (widely known as TAO) follows the Municipality Act (2003) to manage its own solid waste generated. The Act specifies personnel in charge for the cleanliness and sanitary conditions in the sub-district area. 2.3 Technical Guidelines In addition to the laws and regulations, there are also technical guidelines prepared by relevant agencies covering several managerial aspects of various types of waste. Some are described as follow; PCD s Guideline for solid waste management Guide to the Implementation of the Notification of Ministry of Industry on Hazardous Waste Manifest System Notification B.E (2004) Guidelines for Waste Management in Hospital 26

33 2.4 Gap Analysis for Regulatory Framework Existing laws lack regulation to cover entire system of solid waste management. The effectiveness of municipal solid waste management is also overlooked. Although the nation policy has emphasized on integrate waste management, clear measures to promote waste reduction and public participation in such initiatives were not mentioned. As the responsibility in solid waste management falls with local government authority, each of the office has to manage its own solid waste problem with low budget and low capacity of personnel. In some cases, the solid waste problem was left to each household to take care by themselves that eventually lead to illegal dumping and other related issues. In order to overcome stated problems, the following measures can be employed. Establishment of laws, regulations, orders, and standards that create mechanisms for returning used products and packaging for recycling, and reduction of solid waste from household. Amend laws and regulations to increase private sector s role in solid and hazardous waste management instead of local government. Put emphasis on on law enforcement in order to make various steps of waste management more effective. Employ economic incentives program; incentives can be in forms of tax reduction for recycle and reuse of waste, reduction in service fee for household and private sectors. Appropriate incentive program can reduce quantity of waste at source effectively. Possible incentive programs are such as the incentives to reduce packaging wastes both in the production process and in the business sectors. Establish solid waste disposal site pollution control standard and other standard requires for effective solid waste management. 27

34 Issuing standard procedures and technical guidelines on garbage collection service, management of waste disposal sites and other related issues for local government to follow. Inadequacy in public participation and unclear measures to facilitate higher involvement of public bodies in solid waste management issues. 28

35 Chapter 3 Description of Institutions Involved in Solid Waste Management 3.1 Overview of Institutional Framework Institutions involved in SWM distributed into three administrative levels; national, provincial and local levels. At the national levels there are four ministries involved with agencies under each of the ministry to overlook the issue of solid waste management. However, under the Section 18 of the Public Health Act of 1992, the disposal of sewage and solid waste in the area of any local government shall be the power and duty of such local government. With reasonable cause, the local government may entrust any person with the solid waste management tasks on its behalf under the control and supervision of the local government or may permit any person to operate the disposal of sewage or solid waste. As for Chiang Mai province, responsibility in solid waste management lies with Chiang Mai City Municipal office (for Chiang Mai City) and Subdistrict Administrative Office. 3.2 Roles and Responsibilities of Relevant Authorities, Institutions and Organizations National Level In respond to NEQA 1992, the National Environmental Board (NEB) has been formed to oversee the management of the country s natural resources and environmental quality. Component and functions of NEB are described in the next section. There are four ministries at the national level that are responsible for SWM, namely, the Ministry of Natural Resources and Environment (MNRE), the Ministry of Public Health (MoP), Ministry of Industry (MoIND), and Ministry 29

36 of Interior (MoINT). Principally, the ministries set the national environmental policy and the departments and agencies under the ministries are responsible for implementing the provisions of the law through regulations and technical guidelines. The diagram showing central government organizations related to the SWM is shown in Figure 3. 30

37 Prime Minister National Environmental Board Ministry of Natural Resources and Environment Ministry of Public Health Ministry of Industry Ministry of Interior Office of Environmental Policy & Planning Pollution Control Department Department of Health Department of Industrial Works Industrial Estate Authority of Thailand Department of Local Administration Department of Public Works Provincial Environmental Office Provincial Administrative Organizations Municipality Figure 3 Central government organizations related to the SWM. The Sanitary District Sub-District Administrative Organizations 31

38 (A) National Environmental Board The NEB consists of the following members; Prime Minister as the Chairman, Deputy Prime Minister designated by the Prime Minister as the first Vice Chairman Minister of Science, Technology and Environment as the second Vice Chairman Minister of Defense Minister of Finance Minister of Agriculture and Cooperatives Minister of Transport and Communications Minister of Interior, Minister of Education Minister of Public Health Minister of Industry Secretary-General of the National Economic and Social Development Board Secretary-General of the Board of Investment Director of the Bureau of the Budget Expert in environmental matters not more than eight persons of which no less than half shall be representatives from the private sector Permanent Secretary of the Ministry of Science, Technology and Environment as member and secretary The appointment of qualified members shall be made by drawing from persons who are knowledgeable and known for their expertise, contributions and experiences in the matters concerning the enhancement and conservation of environmental quality. 32

39 The National Environment Board shall have the power and duty as follows; To submit policy and plan for enhancement and conservation of national environmental quality to the cabinet for approval. To prescribe environmental quality standards pursuant to section 32. To consider and give approval to the Environmental Quality Management Plan proposed by the Minister according to section 35. To consider and give approval to the Provincial Action Plan for environmental quality management according to section 37. To make recommendations to the cabinet in respect of financial, fiscal, taxation and investment promotion measures for the implementation of the policy and plan for enhancement and conservation of national environmental quality. To propose for amendment or improvement of laws relating to the enhancement and conservation of environmental quality to the cabinet. To consider and give approval to the action plan for prevention and remedy of danger caused by contamination of pollutants or spread of pollution proposed by the Pollution Control Committee pursuant to section 53 (1). To consider and give approval to the setting of emission or effluent standards proposed by the Minister pursuant to section 55. To supervise, oversee and expedite the enactment of royal decrees and issuance of ministerial regulations, rules, local ordinances, notifications, bye-laws and orders which are necessary to ensure systematic operation of the laws relating to enhancement and conservation of environmental quality to the fullest extent possible. 33

40 To submit opinion to the Prime Minister for his directions in case it appears that any government agency or state enterprise infringes or refrains from complying with the laws and regulations for environmental protection which may cause extensive damage to the environment. To specify measures for the strengthening and fostering of co-operation and co-ordination among government agencies, state enterprises and the private sector in matters concerning the promotion and conservation of environmental quality. To supervise the Fund management and administration. To submit reports on national environmental quality situation to the cabinet at least once year. (B) Ministry of Natural Resources and Environment The ministry has been set up in 2002, following the Restructuring of Ministries, Bureaus and Departments Act of B.E (2002). The responsible agencies for SWM within the Ministry of Natural Resources and Environment are the Pollution Control Department (PCD), Office of Natural Resources and Environmental Policy and Planning (ONEP), and the Department of Environmental Quality Promotion (DEQP). (C) Ministry of Public Health The Restructuring of Ministries, Bureaus and Departments Act of B.E (2002) provides that the Ministry of Public Health has powers and responsibilities related to the promotion of health, prevention/control and treatment of diseases, and rehabilitation of people s health, as well as other official functions as provided by laws which indicate that such functions are under the responsibility of the Ministry of Public Health. 34

41 Its principal purpose is to make all Thai citizens healthy, physically and mentally, with good quality of life, being able to live a happy life in society and being valuable resources of the country. Regarding SWM, the Department of Health (DOH) under the Ministry of Public Health is responsible for health care waste and infectious waste management. (D) Ministry of Industry Department of Industrial Works (DIW) and Industrial Estate Authority of Thailand (IEAT) under the Ministry of Industry are responsible for all hazardous wastes generated from industries. DIW being the organization of the state that has the capability to supervise promote and support industrial business operation for its sustained development and acceptability to the international community. Its major responsibilities include the supervision and coordination of industrial business operation activities by following the guidelines of environmental preservation, safety, hygiene and energy economization. Industrial Estate Authority of Thailand (IEAT) is a state enterprise under the Ministry of Industry; the Industrial Estate Authority of Thailand is responsible for the development and establishment of industrial estates, where factories for various industries are orderly and systematically clustered together. The enterprise is to provide an environmental management system, along with industrial accident prevention and relief system. (E) Ministry of Interior The Ministry is given wide ranging responsibilities over many aspects. For example the Ministry has responsibility over: the Royal Thai Police, local administrations, internal security, citizenship, disaster management, land management, issuing national identity cards and public works. The Ministry is also responsible for appointing 74 Governors of the Provinces of Thailand. 35

42 3.2.2 Provincial and Local Levels At the provincial and local levels, the provincial administrative organizations (PAO), municipalities and Tambon (Sub-district) Administrative Organization (TAO) are primarily responsible for waste collection, transport, treatment, and disposal. These local governments can contract the private sector to undertake some of the services. During the last few years, the government has implemented the Decentralization Action Plan in order to transfer functions, budget, and personnel from the central government to nearly 8,000 local governments. Administration in Chiang Mai province is divided into 24 Districts (Figure 4), 204 Sub-districts and 1,915 villages. Local government offices are classified into 5 categories as shown in Table 2 Table 2 Local Government Office of Chiang Mai Province. Item Category Number of Office 1 Provincial Administrative Office 1 2 City Municipal Office 1 3 Sub-district Municipal Office 28 4 Sub-district Administrative Office Sub-district Council 7 36

43 1. Mueang Chiang Mai 2. Chom Thong 3. Mae Chaem 4. Chiang Dao 5. Doi Saket 6. Mae Taeng 7. Mae Rim 8. Samoeng 9. Fang 10. Mae Ai 11. Phrao 12. San Pa Tong 13. San Kamphaeng 14. San Sai 15. Hang Dong 16. Hot 17. Doi Tao 18. Omkoi 19. Saraphi 20. Wiang Haeng 21. Chai Prakan 22. Mae Wang 23. Mae On 24. Doi Lo Figure 4 Zoning map of Chiang Mai Districts (A) Chiang Mai Provincial Administrative Organization (CM-PAO) After the act of PAO in 1997 was approved by the parliament, it was started enforcing on 1 November This act mentioned about the administration of PAO, which is the unit of a local administration rather than provincial administration. 37

44 (1) Administrative Department The president of PAO is Chief of Administrative Office (previously is a Provincial Governor), Vice President of PAO is an Assistant, and Deputy of PAO is a Supervisor. The Royal Decree on PAO Officer in 1998 describes the division of PAO as follows (Figure 5); 1. Administrative Department 2. PAO Affair Department 3. Planning and Budget Department 4. Financial Department 5. Engineering Department 6. Others (2) City Council of PAO Structure City Council of PAO consists of memberships who were elected from people who have the right to vote and have 4 years term for administrate. The amount of memberships in each province will not be the same up to the amount of people in a previous year s house registration. (3) Roles and Responsibility Under the Act of Decentralization Section 17, Provincial Administrative Organization (PAO) has a responsible to administrate public service as here; 1. Provide local development plan and other development plans assign by The Interior Minister 2. Support the development of local administrative organization 3. Corporate with other local administrative organization 4. Allocate budget to local administrative organization 38

45 5. Protect, take care, and preserve forest, land, natural resource, and environment 6. Support educational system 7. Uphold democracy, equality, and liberty and rights of people 8. Support each community to participate in local development 9. Support the development of technology 10. Set up wastewater treatment system 11. Clean up waste and garbage 12. Reduce pollution and environmental problems 13. Administrate land and water transportations 14. Promote tourism 15. Support the investment and corporate investment 16. Set up and preserve land and water transportation among other local organization 17. Establish middle market 18. Uphold sports, custom, and culture in community 19. Provide Provincial Hospital, treatment, and contagious disease prevention and control 20. Establish and preserve museum and archive 21. Uphold mass communication and traffic engineering 22. Prevent and decrease public hazard 23. Set up security system 24. Promote and create activities to other local administrative organizations to work together and launch project for local organizations to work out by themselves 25. Support and assist government section and other local administration 39