LEGAL PROBLEMS CONCERNING COMMUNITY-BASED TOXIC WASTE DISPOSAL

Abstract

            This research had the objectives: 1) to examine legal problems concerning community-based toxic waste disposal, 2) to study concepts and theories about community-based toxic waste disposal, 3) to conduct a comparative analysis of Thai and foreign laws concerning the roles and authority of community-based toxic waste disposal, and 4) to propose recommendations or guidelines for developing Thai laws to define responsibilities and empower community-based toxic waste disposal for comprehensiveness, clarity, and appropriateness. A qualitative research approach was employed based on a review of documents, including books, articles, theses, reports, legal texts, and relevant electronic media.

          The findings showed that in Thailand, there were no specific laws that directly define responsibilities and empower community-based toxic waste disposal. Therefore, numerous related laws were employed, such as the Enhancement and Conservation of National Environmental Quality Act, B.E. 2535 (1992) and the Factory Act B.E. 2535 (1992), with power centralized in central agencies and the burden placed on the private sector. It lacks comprehensiveness and is not effective in encouraging local communities to participate in truly regulating and inspecting private areas. In foreign countries, namely the United Kingdom, Japan, and the Federal Republic of Germany, waste disposal mechanisms and the role of LAOs were systematically determined.

          For recommendations, a specific law should be enacted on toxic waste disposal, and related laws should be amended to establish a mechanism and expand the authority and duties of community organization councils in monitoring, inspecting, and following up on appropriate toxic waste disposal. Without specific law, relevant agencies should promote guidelines for LAOs to cooperate with communities in monitoring, inspecting, and boosting awareness about the influence of toxic waste disposal.