The incident of finding “more than ten thousand tons of cadmium waste” hidden in factories in Samut Sakhon, Chonburi, and Bangkok, originating from a landfill in Tak Province, is still an unfinished problem. Especially responsibility for damage to environmental impacts. and public health, preliminary detection of cadmium in the bodies of 20 workers and villagers exceeding the standard and still contaminating the soil. Some of it leaked or spread throughout the smelter. Many environmental laws have been violated. The “government” has failed to build confidence in enforcing the law so that it can be seen clearly and transparently with all stakeholders in this incident. Echoing concerns through Penchom Sae Tang, director of the Niwet Restoration Foundation, he said that according to information, J & B Metal Co., Ltd. (the buyer) opened a contract to buy and sell cadmium waste at “We have a duty to carry out all operations unilaterally” from the moment we request permission to dig. Moving waste from the area of the zinc ore smelter, Bound and Beyond Public Company Limited or Beyond (the seller) in Tak Province, but if you look at the facts “Transportation of cadmium waste, hazardous waste” according to the announcement of the Ministry of Industry regarding waste management. or materials that are no longer used, B.E. 2566 “The owner of the waste must request permission himself,” making this contract “Contrary to reality” and also contrary to laws governing the management of hazardous waste. In legal terms, “J&B” has been prosecuted, looking at it in the light of the contract between the seller and the buyer, which states that “the buyer must legitimize and various safety standards.” It turned out that the owners of the waste were left out of the legal investigation process. and may escape from this responsibility. Therefore, if raised “Regulations of the Ministry of Industry” that clearly define the duties of requesting permission to be the owner of waste. “It is unlikely that we will be able to escape the problems that arise,” causing Beyond to be responsible for its own hazardous waste from origin to destination. It’s not out of hand, it’s other people’s business. or enter into a contract so that duty may be completely omitted, even if according to general principles of law “Consideration of a contract is based on intent.” But if the contract terms conflict with the law regarding peace and order, or good morals “Contract terms are ineffective” because of the enactment of laws regulating hazardous waste management. Undoubtedly enacted to protect social order. Especially the announcement of the Ministry of Industry regarding the management of waste or unused materials, etc. The newest version that is currently in effect. “It is an amended law” with the determination to tackle the problem of illegal dumping of industrial waste. Emission of hazardous waste from the system Including improper management if this ministry announcement reflects “Beyond’s status as the creator of hazardous waste” must be held responsible for the damage. As for recourse to “J&B”, it is a right to do and should be done later. It’s just that at present the situation has been diverted to focus on the contract, making J&B responsible for it alone like this. If you don’t agree with this, you have to see which “Ministerial Regulations and Contract Letters” will have more legal effect. ..?Next thing “Excavation of cadmium waste from a landfill in Tak Province” As far as analyzing the causes, there are two factors: the first issue is “tourism business development” with entrepreneurs wanting to change the use of land to hotels and golf courses. But there is a problem under the floor with hazardous waste. “There was uneasiness,” so they wanted to dig out another part, namely “Benefits from the recycling policy” by using waste to make it economically worthwhile Because even though cadmium is toxic, it is worth 1 ton. Once smelted, the price is 1-2 hundred thousand baht. It also responds to the BCG policy from which the “government” is trying to push the use of used materials as raw materials in casting factories. or recycling businesses, these are all motivations “Dig up cadmium waste” This allows the owners of the waste to gain both use of the land in terms of developing real estate businesses. “It’s just that some of the steps are against the law,” because the waste is generated from mining. and zinc ore smelting that needs to be landfilled as hazardous industrial waste (Secured Landfill) according to Environmental Impact Assessment (EIA) measures. Therefore, once the cadmium waste is landfilled, the process ends. Therefore, it is not a waste that needs to be disposed of and treated because it has already passed that step. This emphasizes that “cadmium waste is a hazardous waste” for moving from the source to the treatment source must be under “Regulations of the Ministry of Industry on Waste Management, etc.” The owner of the waste must choose a destination company that has the potential to handle pollution. When “Beyond” selects a factory, it cannot do anything with the received waste. The result is “Be responsible for your treatment. and get rid of your own waste to the end.” It does not cause harm to the environment. and public health Until it is proved that the residue does not cause any further impact. The “producer” will be able to sell the waste. “Waste removers” if there is an impact, they must follow up and take responsibility until the problem ends. Therefore, if we look at this legal principle, “Beyond” is still not free from responsibility for what happened, just like “Government officials” before approving Beyond to hire J&B to receive waste must also consider that “Does the destination have the potential” to treat and eliminate tens of thousands of tons of cadmium waste? And if it appears that there is no potential and readiness “Government agencies” should not approve the hiring when this is the case. “Tak Province Industry” should be held responsible for being lax in checking the capabilities of the destination company, especially supervisors at the Ministry of Industry level may refuse. No responsibility Because of moving this much waste “Ministry of Industry” must always be involved in considering granting permission. For this reason, offenses related to “Government officials” ordering the relocation of industries Tak Province joins government service at the central level. Is the “permission to transport cadmium waste” being viewed as inappropriate? Compared to the damage currently occurring, actually if this matter is not disclosed, “the digging and transport of cadmium waste will occur enormously” because the residue that appears is only 1 pit out of 7 pits. The “residue owner” also There are many opportunities to sell and the land can also be used. The “Destination Disposal Company” was able to auction off a large amount of waste at a low price, as if it were “gold”, but J&B may have made a mistake in its assessment and become a big problem. “Became an offender who sold the waste to other companies” because cadmium waste is a hazardous waste, every movement must pass through it. “Approval from provincial industry” when waste is transported and sold without permission All of these are violations of the law. “Moving waste back to landfill in Tak Province” This is a public issue that affects the environment. and people like this “Ministry of Industry” orders waste owners to take any action “This should be done openly to the public.” Whether the plan, transport system, and ensuring that it does not cause dispersal during transport, especially landfill, must be reworked. including landfill repairs and prevention of cadmium leakage into the basement. by installing a groundwater quality measurement station according to safe academic principles In the end, with all the impacts, “waste owners” cannot escape from their responsibility according to the announcement of the Ministry of Industry regarding waste management. or unused materials, B.E. 2566. There is also the need to investigate relevant government officials who have committed disciplinary violations. Or neglecting to perform duties or not? This is the original intention of the matter. “Trade in toxic waste” under the goal of making profits. If Thailand does not yet have a law to strictly regulate the scope of operations, the “government” should not allow free trade in dangerous goods like this. Click to read more in the “Scoop Page 1” column.
