Procedure for Waste Disposal to be Changed

The Ministry of Industry has opened a public hearing to gather comments on the draft Announcement regarding Industrial Waste Disposal B.E. …. (“Draft Announcement”). The draft aims to improve the definition of waste terms in Article 5, define characteristic codes and disposal codes in the annex, and make the procedures more straightforward and clearer.

The Draft Announcement specifies the procedures and measures for waste disposal in accordance with the context of factory operations. The Factory Entrepreneur as prescribed by the Ministerial Regulation Re: Determination of the Category, Type and Size of the Factory B.E. 2563 (2020) issued by the virtue of Section 7 of the Factory Act B.E. 2535 (1992) is required to comply with this Draft Announcement.

This Draft Announcement is divided into three main issues for which the Factory Entrepreneur is responsible for the key issues as follows:

1. Waste Generator: A factory entrepreneur that generates wastes. The procedures for disposing of waste in the generator is specified. The waste generator is required to submit an annual report on waste collection and disposal by 1 March of each year, using the document form as specified. The transportation of waste out of the factory premise must have permission and a license from the Director-General of Department of Industrial Works and the waste must be managed according to the criteria and procedures prescribed in this Draft Announcement. Additionally, the representative appointed by the generator to transport the waste out of the factory premise shall proceed strictly in accordance with this Draft Announcement. The exemption type of waste that is not required to comply with this Draft Announcement is also specified.
2. Waste Processor: A person who represents the waste disposal for the waste generator. The processor shall only dispose of permitted waste types, record the waste analysis, and submit it to the waste generator. The processor must use a manifest sheet and report as prescribed by the Director-General of Department of Industrial Works. The Draft Announcement also specifies that “raw material” is waste received for disposal. The processor must manage the waste as specified and collect it in proper condition and safely in an appropriate building. The raw material disposal period is divided into 1. Hazardous raw material (which shall be disposed of within 30 days) and 2. Non-hazardous raw material (which shall be disposed of within 60 days). Additionally, the waste processor is specified for factory types that have additional regulations as prescribed.
3. Provisional Chapter: The transportation of waste out of factory permission granted before this Draft Announcement becomes effective will be valid under this Draft Announcement.