Notification of Ministry of Industry Re Industrial Waste Management and Disposal, B.E.2548 (2005)

Notification of Ministry of Industry Re: Industrial Waste Disposal B.E. 2548 (2005)

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By the virtue of clause 13(3) of the Ministerial Regulation No. 2 (B.E. 2535 (1992)) issued pursuant to the Factory 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 hereby issues the Ministerial Notification as follows:

Article 1 A factory according to the Factory Act B.E. 2535 (1992), that are either located outside of or in an industrial zone, an industrial estate, and a factory granted an investment promotion according to the Investment Promotion Act B.E. 2520 (1977) shall be in compliance with this Notification.

Article 2 The Ministerial Notification No.6 (B.E. 2540 (1997)), the Ministerial Notification No.1 (B.E. 2541 (1998)) regarding industrial waste disposal, and its amendment B.E. 2547 (2004) issued pursuant to the Factory Act B.E. 2535(1992) shall be annulled and replaced with this Ministerial Notification.

Article 3 In this Notification,

“Waste” shall mean unusable materials or all types of wastes generated from industrial activity including wastes from raw material, wastes generated from production process, products that are deteriorated in quality, and effluent having hazardous constituents or hazardous characteristics.

“Hazardous waste” shall mean waste having hazardous constituents, being contaminated with hazardous substance, or having hazardous characteristics as prescribed in Annex 2 annexed to this Notification.

“Waste Management” shall mean process of treatment, detoxification, disposal, sale, exchange, or recycle in any form, including storage for such purpose.

“Waste generator” shall mean a factory entrepreneur that generates wastes and has it in possession.

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

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“Waste collector and transporter” shall mean a person who has wastes in possession for transport and one who has wastes in possession for storage or transfer according to the Ministerial Notification regarding hazardous waste manifest system B.E. 2547 (2004).

“Waste Processor” shall mean a factory that has wastes in possession according to the Ministerial Notification regarding hazardous waste manifest system B.E. 2547 (2004), and a factory type 105 that are sorting or landfill facility.

“Manifest sheet” shall mean manifest form 02 annexed to the Ministerial Notification regarding hazardous waste manifest system B.E. 2547 (2004).

“Reporting via the Internet” shall mean reporting of data in accordance with the Ministerial Notification regarding criteria and methods for reporting on industrial wastes via the Internet B.E. 2547 (2004).

CHAPTER 1 Waste Codes

Article4 Waste codes shall be as prescribed in Annex 1 annexed to this Ministerial Notification.

Article 5 The following waste shall be exempt from being in compliance with this Ministerial Notification.

5.1 Non-hazardous wastes from offices, housing and refectory located in a factory area.

2. 5.2  Wastes that have specific law govern as follows: 5.2.1 Radioactive waste

   5.2.2 Rubbish under the law on public health

3. 5.3  Wastewater destined for off-site treatment via pipe.

   CHAPTER 2
   Duty of Waste Generator

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premise no longer than the period of 90 days. If the time in possession is longer than that prescribed, a waste generator shall ask permission from Department of Industrial Works using the Form SoKo.1 annexed to this Ministerial Notification. In case of having hazardous waste in possession, a waste generator shall be in compliance with the provisions of the Ministerial Notification regarding hazardous waste manifest system B.E. 2547 (2004).

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

Waste generator shall have waste in possession within a factory

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Article 7 A waste generator shall assure that there is a supervisor with certain expertise of pollution control system as required in a factory in accordance with the Ministerial Notification regarding descriptions of factory types and sizes, procedure for the control of Discharges of wastes, pollutants, or any substances that cause adverse effects on the environment, qualifications of supervisors and operators, and criteria for registration of the supervisors of pollution prevention systems B.E. 2545 (2002), and shall conduct a training for responsible employees so they can perform their job in a properly and safely manner.

Article 8 A waste generator shall establish an emergency response plan in case there is a spill, fire, explosion of wastes, or accident as prescribed in Annex 3 annexed to this Ministerial Notification. A waste generator shall assure that in a factory there is safety equipment, emergency mitigation equipment and evacuation route.

Article 9 It is not allowed to transport waste out of factory premise unless permission is granted from Director-General of Department of Industrial Works or from an authorized person to manage wastes with method and location according to criteria and procedure prescribed in Annex 4 annexed to this Ministerial Notification. For waste treatment or disposal in factory premise, it must be done in accordance with those prescribed in Chapter 4 Article 17 and Article 21-24 as well.

The Form SoKo.2 annexed to this Ministerial Notification shall be used for requesting a permit for off-site waste management.

Article 10 A waste generator shall send off its hazardous waste to waste collector and transporter or waste processor only, otherwise approval from Department of Industrial Works must be granted.

Article 11 Manifest sheet shall be used every time hazardous waste is transported out of factory premise. A waste generator also has to report transport of all wastes under this Notification to Department of Industrial Works by reporting via the internet.

Article 12 A waste generator shall inspect its waste and be liable for its loss, accident, illegal dumping and return due to any dispute in the service agreement between waste generator and waste processor until waste processor agrees to accept such waste in possession.

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

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Article 13 A waste generator shall submit an annual report to Department of Industrial Works using the Form SoKo.3 annexed to this Ministerial Notification by the first date of March of the following year.

Article 14 Import or export of waste into or out of the Kingdom shall be done in accordance with the law governing associated matter and international laws.

CHAPTER 3
Collection and Transportation of Hazardous Waste

Article15 A waste generator or waste processor who wishes to appoint a representative as its waste collector and transporter; it shall be done in accordance with criteria and procedure as prescribed by Department of Industrial Works.

Article 16 One who appoints a representative and a representative itself shall have liability while waste transportation is in progress and shall assure that its waste collector and transporter shall proceed as follows:

(1) An operation must be in compliance with the Ministerial Notification regarding hazardous waste manifest system B.E. 2547 (2004).

(2) An operation must be in compliance with the Notification of Hazardous Substance Committee Resolution regarding land transportation of hazardous substance B.E. 2545 (2002).

(3) A waste collector and transporter shall submit an annual report to Department of Industrial Works using the Form SoKo.4 annexed to this Ministerial Notification by the first date of March of the following year.

CHAPTER 4
Duty of Waste Processor

Article 17 A waste processor shall implement waste management according to criteria and procedure prescribed by Department of Industrial Works.

Article 18 A waste processor shall implement waste management only permitted waste type and method as prescribe in condition of a factory license and shall inform its customer in written about permitted type of its factory business and waste types, including a copy of factory license.

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

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Article 19 A waste processor shall use manifest sheet and shall be in compliance with the Notification of Hazardous Substance Committee Resolution regarding land transportation of hazardous substance B.E. 2545 (2002). Once receives waste within the premises, a waste processor shall report such data to Department of Industrial Works by reporting via the internet.

Article 20 Once agrees for waste management and endorses in manifest sheet, a waste processor shall be liable for such waste.

Article 21 A waste processor shall have record on physical and chemical analysis of waste prior to proceed with treatment or disposal. The analysis shall be performed by an analytical laboratory of waste processor, public analytical laboratory or an analytical laboratory registered with Department of Industrial Works. The record must be kept for a minimum of three years for inspection.

Article 22 A waste processor shall assure that there is a supervisor with certain expertise of pollution control system as required in a factory in accordance with the Ministerial Notification regarding descriptions of factory types and sizes, procedure for the control of Discharges of wastes, pollutants, or any substances that cause adverse effects on the environment, qualifications of supervisors and operators, and criteria for registration of the supervisors of pollution prevention systems B.E. 2545 (2002), and shall conduct a training for responsible employees so they can perform their job in a properly and safely manner.

Article 23 A waste processor shall establish an emergency response plan in case there is a spill, fire, explosion of wastes, or accident as prescribed in Annex 3 annexed to this Ministerial Notification. A waste processor shall assure that in a factory there is safety equipment, emergency mitigation equipment and evacuation route.

Article 24 A waste processor shall submit an annual report to Department of Industrial Works using the Form SoKo.5 annexed to this Ministerial Notification by the first date of March of the following year.

CHAPTER 5 Provisional Chapter

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

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Article 25 Any application under the Ministerial Notification No. 6 (B.E. 2540 (1997)), No. 1 (B.E. 2541 (1998)), and its amendment B.E. 2547 (2004) pending the consideration shall be deemed as the application under this Ministerial Notification mutatis mutandis.

Article 26 Permits issued to any person pursuant to the Ministerial Notification No. 6 (B.E. 2540 (1997)), No. 1 (B.E. 2541 (1998)), and its amendment B.E. 2547 (2004) prior to the coming into force of this Ministerial Notification shall remain valid until expiration of its specified period.

This Ministerial Notification shall be effective on the expiration of 90 days from the date of its publication in the Government Gazette.

Announced on the 27th December B.E. 2548 (2005)

(signed)___________________________________ (Mr.Suriya Jungrungreungkij)

Minister of Industry

(Published in the Government Gazette, Volume 123, Special Part 11d, dated 25th January B.E. 2549 (2006))

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