Model Law on the Pollution Management in Pollution Control Areas

Abstract

               This thesis aimed to study the legal measures for pollution management in pollution control zones by comparing them with the measures used for environmental management in environmental protection zones.

               The study found that environmental management in pollution control zones and environmental protection zones employed different legal tools. Environmental management in environmental protection zones was regulated by ministerial regulations issued by the Ministry of Natural Resources and Environment. These regulations aim to define the rights and duties of the public in controlling and using the area and include civil and criminal penalties for non-compliance. Additionally, there were penalties under the Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992), Sections 99 and 100. However, environmental management in pollution control zones was based on an action plan to reduce and eliminate pollution in these areas, developed by local authorities in cooperation with the provincial governor and submitted for approval to the National Environment Board. The measures in the action plan for pollution control zones focused primarily on budget management for proposing necessary construction projects based on pollution sources. For instance, if the pollution source survey revealed that wastewater pollution was caused by the high water usage of communities, hotels, or apartments, it became necessary to construct a centralized wastewater treatment facility, such as the Pattaya City Central Wastewater Treatment Plant. Therefore, it could be concluded that the action plan to reduce and eliminate pollution in pollution control zones cannot effectively solve the pollution problems in these zones.   

               Based on the study, it is recommended to draft a law from the action plan in the form of a ministerial regulation similar to the environmental protection zones. When individuals violate the ministerial regulation, they would be subject to penalties under Sections 99 and 100 of  the  Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992). The key provisions of the law should include at least the criteria for declaration, the rights and duties of the public, the use and control of land use, the criteria for revoking the pollution control zone, and penalties for violations. This would make pollution problem-solving more concrete and effective.