Notification of Ministry of Industry Re Hazardous waste manifest system B.E.2547 (2004)

Notification of Ministry of Industry Re: Hazardous waste manifest system

B.E. 2547 (2004)

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By the virtue of section 20(1) and section 44(1) of the Hazardous Substance Act B.E. 2535 (1992) which contains some provisions concerning the limitation of the people rights and liberties that is permissible by the provisions of section 29 together with section 35, section 48 and section 50 of the Constitution of the Kingdom of Thailand, the Minister of Industry, with the opinions of the Committee on Hazardous Substance, hereby issues this Notification, prescribing hazardous waste that is hazardous substance under authorization of Department of Industrial works to comply with the hazardous waste manifest system as follows:

Article 1 In this Notification,

“Hazardous substance” shall mean hazardous waste under authorization of Department of Industrial works as designated in the Ministerial Notification issued pursuant to the Hazardous Substance Act B.E. 2535 (1992).

“Hazardous waste generator” shall mean any person who has hazardous waste in possession at minimum of 100 kilograms per month, and shall be classified into two following categories.

(1) Large quantity generator is hazardous waste generator of at least 1,000 kilograms per month.

(2) Medium quantity generator is hazardous waste generator of at least 100 kilograms per month but not more than 1,000 kilograms per month.

A person who possesses less than 100 kilograms of hazardous waste per month shall be exempt from the provisions under this Ministerial Notification.

“Hazardous waste transporter” shall mean a transporter as prescribed in the announcement of the Committee on Hazardous Substance, regarding land transportation of hazardous substance B.E. 2545 (2002).

“Hazardous waste storage, treatment, and disposal facility” shall mean any person who has hazardous waste in possession as follows:

Unofficial Translation Only the Thai version of the texts is legally binding.

(1) central hazardous waste treatment facility

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(2) Recycling facility of used industrial products or industrial wastes (3) Hazardous waste incineration facility
(4) Infectious waste disposal facility
(5) Treatment, storage and disposal facility for radioactive waste

(6) Hazardous waste transfer facility

(7) Hazardous waste storage facility
“Hazardous waste manifest” shall mean a document that allows hazardous waste

generator, hazardous waste transporter, or hazardous waste storage, treatment, and disposal facility to track the movement of hazardous waste from the point of generation to the point of ultimate storage, treatment, or disposal.

“Identification number” shall mean the number issued by Department of Industrial Works for hazardous waste generator, hazardous waste transporter, or hazardous waste storage, treatment, and disposal facility to use in hazardous waste manifest system.

Article 2 Hazardous waste generator, hazardous waste transporter, or hazardous waste storage, treatment, and disposal facility shall request for identification number by using the manifest form 01 annexed to this Notification as an application form. Department of Industrial Works shall issue the identification number to an applicant within seven days as from the day of application being submitted.

Article 3 The identification number is comprised of 13 digits which each has meaning as follows:

1st – 3rd digits shall mean abbreviation designated by Department of Industrial Works as the identification number issuer.

4th digit shall mean abbreviation for all parties involved in hazardous waste management, that is “G” for hazardous waste generator, “T” for hazardous waste transporter, and “D” for hazardous waste disposal facility.

5th – 6th digits shall mean the last two digits of the issuing year.

7th – 8th digits shall mean the number designated for each province that is a location of applicant’s facility, as shown in the table annexed to this Notification.

9th – 12th digits shall mean the sequential order of identification number issued in each year. The 9th – 12th digits shall be reset, as there is a change in the 5th – 6th digits.

13th digit shall mean the number used for the purpose of checking computerized digit.

Unofficial Translation Only the Thai version of the texts is legally binding.

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Article4 The large quantity generator and medium quantity generator shall accumulate hazardous waste on site for a minimum period as possible but not to exceed the following.

(1) a large quantity generator shall accumulate hazardous waste on site for 90 days or less as from the first day of accumulation.

(2) a medium quantity generator shall accumulate hazardous waste on site for 180 days or less as from the first day of accumulation.

Under circumstances that the hazardous waste generator cannot be comply with the specified period as in the first paragraph, the generator shall notify Department of Industrial Works and follow the department suggestion.

Article 5 The hazardous waste generator, while in possession of hazardous waste, shall comply with the following requirements:

(1) the generator shall maintain recordkeeping on amount, container quantity, waste analysis, and hazardous waste management procedure for all hazardous waste in possession and update every 30-day.

(2) the hazardous waste shall be properly accumulated in steady and nonreactive containers in accordance with the announcement of the Committee on Hazardous Substance, regarding land transportation of hazardous substance B.E. 2545 (2002).

(3) the generator shall inspect containment buildings, drip pads, and containers

every week.

(4) the generator shall have a formal written contingency plans and emergency procedures and submit to Department of Industrial Works within 45 days as the day of the identification number being granted.

(5) the generator shall arrange for sufficient equipment for emergency responses in the event of spill or release, fire, or explosion.

(6) the generator shall comply with suggestions, criteria, and other procedures prescribed by Department of Industrial Works.

Article 6 Each time a hazardous waste is transported, the hazardous waste generator shall comply with the hazardous waste manifest system as follows:

(1) the generator shall complete the hazardous waste manifest form by using the manifest form 02 annexed to this Notification.

Unofficial Translation Only the Thai version of the texts is legally binding.

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(2) the generator shall hand the manifest form and its copies to the hazardous waste transporter to complete and sign.

(3) the generator shall retain the second and third copies of the manifest form.

(4) the generator shall keep the second copy of the manifest form for at least three years from the date on which the hazardous waste was accepted by the initial transporter. The record retention shall be for inspection by Department of Industrial Works.

Article 7 The hazardous waste transporter shall check for the accuracy of the information provided in the manifest form by the generator, and complete and sign the manifest form.

Article 8 The hazardous waste transporter shall comply with the hazardous waste manifest system as follows:

(1) once the hazardous waste transporter has accepted the waste, the transporter shall deliver the entire quantity of waste to the facility as designated in the manifest form as soon as possible, except under the uncontrollable circumstances that the transporter shall be able to keep the hazardous waste temporary but not more than 10 days. The waste shall be stored properly in a safely manner to prevent danger to human, animal, plants, property, or the environment. In case the transporter cannot comply with the specified period, the hazardous waste generator shall notify Department of Industrial Works and follow the department’s instructions.

(2) the transporter shall ensure that the manifest form and its fourth, fifth, and sixth copies accompanying the waste transportation, and shall hand the manifest form and the copies to the hazardous waste storage, treatment and disposal facility to complete and sign.

(3) the transporter shall keep the fourth copy of the manifest form for at least three years from the date on which the hazardous waste was accepted by the hazardous waste storage, treatment and disposal facility.

Article 9 In case of accident, emergency incident, spill or release of hazardous waste, or explosion during transportation, which cause the following events:

compensation.

(1) people are killed or badly injured.
(2) vehicles are damaged, attributing to more than two million bahts in

(3) public evacuation deems necessary.
(4) streets or main traffic routes must be closed.

Unofficial Translation Only the Thai version of the texts is legally binding.

pathogenic substance.

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(5) train and airline flight must be rescheduled.
(6) there is explosion, dispersion of radioactive active substance, or

(7) there is a release of more than 400 kilograms or 450 liters of hazardous waste into public water reservoir.

(8) in case the transporter cannot keep the situation under control, the transporter shall report to Department of Industrial works using the manifest form 03 annexed to this Notification within seven days from the date on which the event takes place. A copy of the report shall be retained for at least three years.

Article 10 When accepting the hazardous waste, the storage, treatment, and disposal facility shall comply with the hazardous waste manifest system as follows:

(1) the storage, treatment, and disposal facility shall check for the accuracy of the information provided in the manifest form and its 4th, 5th, and 6th copies. If so, the facility shall fill in the location of the facility, phone number that can be reached, and sign and date the manifest form and its copies.

(2) the storage, treatment, and disposal facility shall return the fourth copy of the manifest form to the transporter, the original to Department of Industrial works, and the sixth copy to the generator within 15 days from the date on which the hazardous waste was accepted by the hazardous waste storage, treatment and disposal facility.

(3) In case there is discrepancy in waste list and its quantity from those specified in the manifest form, the storage, treatment and disposal facility shall initially accept the waste and notify the generator immediately. The generator shall be responsible for any compensation and cost associated with waste storage during negotiation period, including other costs as deem necessary. If an agreement cannot be reached within 15 days, the storage, treatment and disposal facility shall notify Department of Industrial works using the manifest form 04 annexed to this Notification.

(4) the storage, treatment, and disposal facility shall keep the fifth copy of the manifest form for at least three years from the date accepting hazardous waste at the facility.

(5) the storage, treatment and disposal facility shall notify Department of Industrial works using the manifest form 05 annexed to this Notification within 15 days from the date of accepting hazardous waste without the manifest form accompanying the shipment.

Unofficial Translation Only the Thai version of the texts is legally binding.

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(6) the storage, treatment and disposal facility shall comply with suggestions, criteria, and other procedures prescribed by Department of Industrial Works.

Article 11 After the shipment of hazardous waste, the generator shall submit the third copy of the manifest form to Department of Industrial Works within 15 days from the date on which the wastes being transferred to the transporter.

Article 12 The hazardous waste transporter shall be exempt from complying with the manifest requirement for hazardous substances as prescribed in the announcement of the Committee on Hazardous Substance, regarding land transportation of hazardous substance B.E. 2545 (2002).

Article 13 The hazardous waste generator and the storage, treatment, and disposal facility shall compile an annual report and submit to Department of Industrial Works within the 1st of March of every year using the manifest forms 06 and 07, respectively, annexed to this Notification. The report shows the status of the storage, treatment, and disposal facility specifically on the quantity of hazardous waste received at the facility each year and its management.

Article 14 The hazardous waste generator shall notify Department of Industrial Works using the manifest form 08 annexed to this Notification when do not receive the sixth copy of the manifest form from the storage, treatment, and disposal facility within 45 days from the date on which the hazardous waste was accepted by the initial transporter.

This shall, thus, enter into force on the day following the date of its publication in the Government Gazette.

Announced on the 27th December B.E. 2547 (2004)

(signed)___________________________________ (Mr.Pongsak Raktapongpaisarn)

Minister of Industry

(Published in the Government Gazette, Volume ..., Special Part ... , dated 31st January B.E. 2548 (2005))

Unofficial Translation Only the Thai version of the texts is legally binding.