The Fate of “Nam Pu Subdistrict” and the Connection to Toxic Industrial Pollution Under the Guise of “Recycling”

Ecological Alert and Recovery – Thailand (EARTH)

Thai Editor: Karnt Thassanaphak

English Translation: Luntharimar Longcharoen

October 2020

1. Introduction

On April 11, 2017, the "Nam Pu subdistrict" made headlines in many media outlets as three local representatives from Nam Pu subdistrict, Muang district, in Ratchaburi province, filed a lawsuit against the Wax Garbage Recycle Center Company Limited for violating the Environmental Quality and Promotion Act 1992. The company has operated nine factories, along with a recycling shop called “Pong Charoen”, within a total area of approximately 300 rai (one rai is equal to 0.16 hectares) located next to Nam Pu creek, which is the main water source for the local people in Nam Pu subdistrict and the vicinity for both household consumption and agricultural purposes. Nam Pu creek is also connected to the irrigation canal for the "Huai Samnak Mai Teng Reservoir"[1], which stores a large amount of raw water for tap water production and irrigation for the people in Chom Bueng district and Pak Tho district of Ratchaburi province. However, the representatives of the Nam Pu subdistrict have filed a lawsuit stating that the creek was contaminated by chemical substances, especially heavy metals that leaked from the factory area. The incident had made people ill from contact with the water and inhaling foul toxic fumes. In addition, it also resulted in damage to their agricultural crops. Their products could no longer be sold for a good price and were withdrawn from the Agricultural Product Certification Standard (GAP) of the Department of Agriculture.

Three local representatives from Nam Pu subdistrict and a lawyer filed the lawsuit at the Civil Court for the Environmental Case against the Wax Garbage Recycle Center Company demanding the company compensate the affected communities for 1. Medical expenses caused by inhaling foul toxic fumes, 2. Deterioration of physical health, 3. Damage to agricultural crops and properties, 4. Indemnity for loss of water resources, and 5. Environmental rights violation, totaling 500 million baht.[2] 

In addition, on 24 April 2017, villagers from Nam Pu subdistrict, together with villagers from Rang Bua subdistrict, Chom Bueng district, Ratchaburi province, and Mr. Srisuwan Chanya, filed a complaint with the Central Administrative Court[3] requesting the court revoke the Wax Garbage Company’s factory licenses and demanded the five defendants, namely the Ratchaburi Provincial Industry, the Chief Executive of Rang Bua Subdistrict Administrative Organization, the Governor of Ratchaburi Province, the Permanent Secretary of the Ministry of Industry, and the Director-General of the Department of Industrial Works, together with the Wax Garbage Company, restore the damaged natural resources and environment to its normal state prior to when the factory operations began. Additionally, demands were made that defendants No. 1 to 4[4] compensate the plaintiffs for indemnity of loss of water sources and groundwater, resultant physical and mental illnesses, as well as damage to agricultural crops, in the amount of 150,000 baht, with an interest rate of 7.5 percent per year.

Both lawsuits were filed after numerous complaints and petitions to several authorized agencies by the local people who live and farm in the vicinity of the nine factories owned by the Wax Garbage Company, including the people who rely on "Nam Pu creek", that flows past the side of the factories, for their consumption and agriculture. Several environmental samples from the affected areas were collected and examined by various authorized agencies. Observations in the area had raised concerns regarding pollution risks and announcements were made warning people to stop using water from the creek because heavy metals were detected by the government agency. More than ten committees were appointed to solve the problems in the area. Although the company has received several orders to suspend its work and improve its operations as well as resolve the impacts, the problems in the area remain unresolved. After suffering for nearly two decades, the local people finally decided to bring the cases to court.[5] 

At present, both lawsuits are proceeding in the courts.

2. Background and Questionable Activities

“The Wax Garbage Recycle Center Company Limited” was established in 2000, and formerly named “Niew Charoen Recycle Paint Limited”. The company is located in Rang Bua subdistrict, Chom Bueng district, Ratchaburi province, which is connected to Nam Pu subdistrict, Muang district, Ratchaburi province. From a geographical perspective, the factory site is located on the flat foothill of "Khao Thalu" (Thalu Mountain), at an altitude between 80-100 meters above sea level. The factory is located within the vicinity of the agricultural area where local people cultivate various plants such as jujube, longan, cassava, maize, vegetables, mango, sugar cane, coconut, etc. On the east side of the factory is the "Huai Nam Pu" or Nam Pu creek, which flows in a north-south direction, and is the main natural creek for the people in Nam Pu subdistrict.[6]

The Niew Charoen Company was granted a factory business license (Ror Bor 4, No. 1), factory registration No. Jor 3-45(1)-1/43 Ror Bor[7] on 3 October 2000, for operating factories type 45 (1), 40 (1), 53 (5), 97, which engaged in business producing paints, coating paints, paper compressing, plastic pelletizing, repairing oil containers and other containers, by using 487.97 horsepower, and employing 38 workers. 

Later in the same year (2000), the Niew Charoen Company requested permission for two additional factory expansions, and both licenses were granted, which are: (1) request to expand the business and receive the factory license, the factory registration No. Jor 3-47(1)-1/43 Ror Bor, on 21 October 2000, to engage in the business of producing shampoo, repairing electric equipment and electronics, which is categorized as factory type 47(1), 71, 72[8]; and (2) request to expand the business and receive the factory license, the factory registration No. Jor 3-45(1)-1/43 Ror Bor, to operate the factory type 64(11), which engaged in business related to compressing metals, such as iron, aluminum, copper, brass and other metal scraps, and requested an additional 100 horsepower, which was approved on 22 December 2000.[9]

On 25 March 2002, the Niew Charoen Company submitted applications to the Ratchaburi Provincial Industry Office for factory operation licenses of the factory type 105 and 106, and stated its objective was "...to recycle unusable materials from factory and landfill waste or unusable materials such as industrial waste and community waste." [10] Regarding the type and amount of raw materials, the company specified "30,000 tons” of "industrial waste" (the source of the waste was not identified).[11] In the following year (2003), the company was granted five licenses, consisting of a license to operate the factory type 105, and four licenses to operate the factory type 106.   

In 2003, the Niew Charoen Company changed its name to the "Wax Garbage Recycle Center Company" and has clearly stated its business services on the company's website as "... to provide services on the treatment and disposal of unusable materials and industrial wastes through an integrated recycling process, including services on non-hazardous waste landfill." [12] In the same year, the Wax Garbage Company also applied for factory licenses and was granted two licenses to operate the factory type 40(1), and type 53(9).

In 2004, the Wax Garbage Company submitted an application and received another factory license for operating factory type 106. Combined with previous licenses, the company has a total of nine factory licenses granted by the Ministry of Industry.

Upon reviewing all of the company’s factory licenses, it seems that the order each license was obtained is basically in line with what the media has published, which normally describes that –at the beginning the company "operated the business of producing paints and pelletizing plastics", before expanding its business to "waste landfilling and industrial waste recycling".[13]

However, there are many suspicious aspects of their business operations, such as, whether the company has operated in compliance with the respective timeframe of the individual granted factory licenses, especially upon further examination of the documents from various agencies, including the documents issued by the Rang Bua Subdistrict Administrative Organization, the local authority in the area.

Suspicious Factory Licenses

In 2017, the year that the Wax Garbage Company was sued, the company had a total of nine factories, 220 employees, and more than 100 trucks – consisting of ten wheeled trucks and six wheeled trucks, with the carrying capacity of 10-12 tons and 4-5 tons, respectively. The Company also owned a recycling shop named Pong Charoen in the same area. The Company’s nine factory licenses are:[14]  

	Factory Registration Number	Type of Business	Year Granted
1	3-64 (11)-1/45 Ror Bor	Compressing metal such as iron, aluminum, copper, brass, and metal scraps
			2002
2	Jor 3-40(1)-2/46 Ror Bor	Compressing paper scraps	2003
3	3-53(9)-1/46 Ror Bor	Plastic grinding	2003
4	3-105-1/46 Ror Bor*	Sorting and non-hazardous waste or unusable materials landfilling	2003
5	3-106-1/46 Ror Bor**	Recycling waste or unusable chemical products, producing car cleaning liquids or floor cleaning liquids, and producing bricks from solid waste.	2003
6	3-106-2/46 Ror Bor*	Recycling unusable materials and chemicals and re-utilizing for producing new products such as house paint, oil paint, and mould release agent.	2003
7	3-106-3/46 Ror Bor	Sorting precious metal, metal and plastic from electronic scraps and unusable batteries	2003
8	3-106-4/46 Ror Bor	Repairing and cleaning contaminated containers with solvents.	2004
9	3-106-10/47 Ror Bor	Recycling film developing agent and all metal plating liquids.	2005

Source: Ecological Alert and Recovery – Thailand, February 2017.

From the table, the factory licenses number 3-105-1/46 Ror Bor and 3-106-2/46 Ror Bor (row 4 and 6) were requested changes from the factory licenses No. Jor 3-45(1)-1/43 Ror Bor (engaging in the business of producing paints, coating paint, compressing paper, pelletizing plastic, repairing oil containers and other types of containers) which were approved on 3 October 2000 during the period of establishing the factory,[15] and the factory license No. 3-106-1/46 Ror Bor (row 5) was modified from the factory license No. Jor 3-47(1)-1/43 Ror Bor (engaging in the business of producing shampoo, repairing electrical equipment and electronics) which was approved on 21 October 2000. It is quite suspicious to make changes to different operating business types in this manner.

In addition, considering the timeline between 2003 to 2004 when the Niew Charoen Company held factory licenses, specifically, factory type 105 – to operate the business of waste sorting and landfilling of non-hazardous unusable materials, and factory type 106 – to operate the business of recycling waste or unusable materials from industry, there were altogether six licenses of these two factory types that were owned by the Wax Garbage Company.

However, a document issued by the Map Ta Phut Industrial Estate Office[16], and submitted to the Thai Polycarbonate Company Limited, dated 28 January 2000, provided notification of permission for the Thai Polycarbonate Company to “transfer waste and unusable materials out of the factory compound” from 1 January to 31 December 2000. The letter also cited that the Thai Polycarbonate Company will transfer waste and unusable materials for disposal by the “recycling process at the Niew Charoen Recycle Paint Company Limited”.[17]    

It is important to note the questionable activities. Firstly, there is a discrepancy between the date the factory licenses type 105 and 106 were initially granted in 2003 and the request to transfer waste or unusable material for disposal at the Niew Charoen Company in 2000, which was cited 3 years earlier. Moreover, the request letter from the Thai Polycarbonate Company and the permission that was granted occurred before the Niew Charoen Company was established and also before the company was granted the first factory license (for operating factory type 45(1), 40(1), 53(5), 97 to undertake the business of producing paint, coating paint, compressing paper, pelletizing plastic, repairing oil containers and other types of containers).

The only possibility that the Niew Charoen Company did not violate the law by operating the business of disposing of industrial waste "before permission was granted" is that the Niew Charoen Company’s factory mentioned in that document is a different company located in an area other than in the Rang Bua subdistrict, Chom Bueng district, Ratchaburi province, and that the mentioned factory must have obtained a factory license authorized by the Ministry of Industry for operating a business related to industrial waste disposal.

However, if it is the Niew Charoen Company’s factory in Rang Bua subdistrict, the owner and board of directors of the Niew Charoen Company must clarify and answer questions to ensure that their business is operating within the law. As well, the relevant government agencies, both at the subdistrict and provincial levels like the Rang Bua subdistrict and Ratchaburi province, must provide genuine answers to address all discrepancies, which have created skepticism among the local people and the public.

Furthermore, in May 2001 the local people in Nam Pu subdistrict, whose lands are situated downstream of the creek that flows past the side of the factory, had first complained about the foul odor of chemicals and thinner.[18] They also feared that the waste and chemicals from the factory might be leaking into their water resources. Following the villagers’ complaint, on 2 and 3 July 2001, the Pollution Control Department (PCD) came to inspect two factories owned by the Niew Charoen Company. Six months later, the PCD sent a letter to the Rang Bua Subdistrict Administrative Organization[19] providing the results of the inspection, and requested cooperation from the Rang Bua Subdistrict Administrative Organization, as summarized below.[20] 

1. Factory 1 "...was granted a license to operate business on producing oil paint, coating paint, termiticide, repairing old containers, compressing papers and metal scraps, pelletizing plastics, collecting industrial waste and landfilling, in accordance to the document No. Ror Bor 72301/41, dated 12 February 2001…”[21]

1. Factory 2 "...was granted a license to operate business on producing shampoo and repairing electric and electronics equipment…”[22]

1. Both factories “…did not hold licenses to operate businesses that are harmful to health...", therefore "their operations have violated the Public Health Act 1992 (2535), Chapter 12 on Factory License, Article 54…"[23]

1. On the day of inspection, "…no bad smell from chemicals and thinner, no waste or chemicals flowed into the public water source (Nam Pu creek) ...due to the factory building, wastewater treatment pond and waste landfill areas were being constructed..." [24]

1. The Pollution Control Department commented that “…considering the permission for constructing the factory especially the waste recycling factory in which chemicals are used, and wastewater treatment pond is constructed, and waste landfill site is connected to public waterways…”[25] like this “…has high-risk impacts on polluting the natural water sources…”[26]

1. The Pollution Control Department therefore requested cooperation from the Rang Bua Subdistrict Administrative Organization to inspect “Factory 2” (producing shampoo and repairing electric and electronics equipment) since there is no “license for operating business that is harmful to health” and to expedite compliance with the Public Health Act, including to inspect the construction of factory buildings, waste collection facility, wastewater treatment pond, and landfills, according to the regulations, in order to prevent negative impacts, and to strictly regulate the factory to ensure that its operations will not cause problems for the local people.[27]

The most suspicious aspect is from point number (1), the document that claimed to be the "factory license", which states the permission for "collecting industrial waste and landfilling" that the Niew Charoen Company presented to the Pollution Control Department when the inspection at Factory 1 was undertaken. Interestingly, the claimed "factory license" – No. Ror Bor 72301/41, dated 12 February 2001, was issued by the Rang Bua Subdistrict Administrative Organization, and endorsed by Mr. Vichien Chitdee, the Chair of the Rang Bua Subdistrict Administrative Organization’s Administration Committee.[28]

The document also mentioned the permission to grant a factory license to operate business related to "the production of oil paints, coating paints, termiticide, repairing old containers, compressing papers and metal scraps, pelletizing plastics, collecting industrial waste and landfilling"[29], which the Rang Bua Subdistrict Administrative Organization “has held a council meeting to discuss the issue and agreed that it can proceed”. The Rang Bua Subdistrict Administrative Organization also attached a copy of the meeting report together with the claimed "factory license" document.

The referred meeting of the Rang Bua Subdistrict Administrative Organization (SAO) was held on 1 February 2001, which was the first general meeting No.1/2544[30], chaired by the Chair of the Rang Bua Subdistrict Administrative Organization Council. Thirty six people attended the meeting. Apart from 28 people who are from the committees and members of the Rang Bua SAO, from Moo 1 to 14, the other eight participants also included local state agencies, such as (1) Development Officer of Chom Bueng District[31] (2) Community Development Officer[32] (3) Agriculture Officer of Chom Bueng District[33] (4) Public Health Officer, Rang Bua Subdistrict[34] (5) Police Officer[35] (6) Chief Administrator of Rang Bua Subdistrict Administrative Organization[36] (7) Chief of Civil Division[37] (8) Chief of Finance Division.[38]

The meeting discussion on the "Subject: Request for permission to operate a factory" by the Niew Charoen Company was included in the meeting agenda No.3, and the Chair of the meeting described the nature of business as follows; "...producing paint, coating paint, termiticide oil, old container repairing, paper pressing, plastic pelletizing, collecting industrial waste and operating integrated wastewater treatment system…”  In the past, the Rang Bua Subdistrict Administrative Organization had "...already discussed this issue three times, but the lack of documents had postponed the consideration and its approval. The issue will then be discussed today…” [39]

From that meeting discussion, most of participants were under the impression that the factory would provide benefits in terms of taxation and employment in the area. Nevertheless, some participants stated their concerns regarding the uncertainty of job opportunities as promised by the factory owner, as well as the impacts of the factory operations on the local people. However, these concerns were dismissed after many participants, including the Chair of the meeting, had referred to the assurances provided by the factory owner and many high-level provincial officers who had attended previous meeting discussions, for example:

"...in every meeting, the factory owner and the Ratchaburi Provincial Industry Office have also insisted on employing workers from the area, with only one condition specified, the workers must not be drug addicts...” [40]

 

"...the Ratchaburi Provincial Industry Chief has personally attended the meeting, and has strongly insisted that the workers will be from the local area...” [41]

 

"...there wouldn’t be a problem, because the Ratchaburi Provincial Industry has promised that it will not cause any impacts or problems. If the factory causes any trouble, the Ratchaburi Provincial Industry Chief will order the factory shut down, and will be responsible for anything that happened..." [42]

 

"...If the factory impacts the people, the Ratchaburi Provincial Industry Chief will definitely be responsible for ordering the factory to be fixed. If they cannot fix it, the factory will be ordered to shut down..." [43]

Then, 26 members of the Rang Bua Subdistrict Administrative Organization voted “to proceed”, while only one member abstained from voting.[44]

If the committees and members of the Rang Bua Subdistrict Administrative Organization were "unaware of the situation" when issuing the document Ror Bor 72301/41 to the Niew Charoen Company, which the company presented to the Pollution Control Department officer as a "factory license”, or in other words, if the members of the Rang Bua Subdistrict Administrative Organization lacked the knowledge and understanding that their agency does not have the legitimate authority to grant permission to the Niew Charoen Company for operating a factory, especially the business related to "industrial waste collection", the question is why did the relevant senior provincial authorities who attended the meeting discussions not point out, prohibit, or advise the Rang Bua Subdistrict Administrative Organization about their authority in order to prevent the Rang Bua Subdistrict Administrative Organization and the Niew Charoen Company from the wrongdoings, and for using that document as a factory license.

The next questions are whether the Niew Charoen Company, which does not hold a factory license authorized by the Ministry of Industry to operate the business related to "industrial waste collection", and only has the word "recycle" in the company name, has already been operating the business on waste recycling and/or industrial waste collecting, and for how long, and to what extent, before the company obtained the factory license from the Ministry of Industry in 2002?

And if the answer to the first question is “yes”, then how did such a violation of the law occur with oversight from the responsible government agencies, both at the local level like the Rang Bua Subdistrict Administrative Organization, and the provincial level in Ratchaburi Province?

3. “Huai Nam Pu”: The Tragedy of the Creek and its People

“Huai Nam Pu”

“Huai Nam Pu”, or Nam Pu creek, is the main water resource for the villagers in Nam Pu subdistrict, Muang district, Ratchaburi province, and nearby areas for household consumption and agriculture. The creek has its origin in Rang Bua subdistrict and flows to Nam Pu subdistrict and several areas before converging with a tributary of the "Mae Klong river". Nam Pu creek is also connected to “Huai Samnak Mai Teng Reservoir” [45], which stores large amounts of raw water used for irrigation and tap water production for the people in Chom Beung and Pak Tho districts in Ratchaburi. However, Nam Pu subdistrict in Muang district is not included in the irrigation area, therefore, most people rely on natural water resources and groundwater wells for their household consumption and agricultural activities. As a result, “Nam Pu creek” is the only reliable water resource for the people in Nam Pu subdistrict.

The geography of ​​Nam Pu subdistrict consists mainly of plains, some mountainous parts with a creek that flows through the area making it suitable for cultivation. The main livelihood of the people in this area is agriculture, such as rice farming, and cultivating various crops such as jujube, longan, cassava, maize, vegetables, mango, sugarcane, and coconut, as well as raising animals.  Longan is a well-known fruit product of Nam Pu subdistrict, and has been cultivated in this area for more than 60 years. With a reputation for high quality longan, the Nam Pu subdistrict has become the first subdistrict in Ratchaburi province to export its longan to China and Indonesia.

People in Nam Pu subdistrict stated that before the Wax Garbage Company’s factory began operations in the area, the creek was clean and clear, and the water could be used for household consumption. The villagers could also catch aquatic animals and collect some wild vegetables from the creek for their meals.[46]

At present, however, aside from being unable to use the water from “Nam Pu creek” for their consumption and agricultural activities, the villagers also reported that the water from the creek that flows along the side of the Wax Garbage Company’s factory also emits a foul odor that causes headaches, and prolonged exposure to the creek water also causes severe skin irritation.[47]

Two Decades of Fighting and Unresolved Problems

In May 2001, the villagers filed their first complaint with the Pollution Control Department (PCD) over the impacts caused by the operation of the Wax Garbage Company’s factory (formerly known as the Niew Charoen Company) after a year of its operation. The villagers complained about the foul odor of chemicals and thinner. They also feared that the waste and chemicals from the factory might be leaking into their water resources.[48] As a result, in July 2001, the PCD conducted the first inspection of the Niew Charoen Company’s factory.

However, the problems remained unsolved and continued to occur. Therefore, the villagers from both Nam Pu and Rang Bua subdistricts continually petitioned various relevant agencies urging them to undertake a factory inspection and resolve the problems, at both provincial and national levels, such as the Subdistrict Administrative Organizations, the District Office, the Ratchaburi Provincial Office, the Department of Industrial Works, the Pollution Control Department, the Senate Committee on Natural Resources and Environment, the Office of the Ombudsman, and the Prime Minister's Office. In addition, the affected villagers also signed the petition opposing the expansion of the factory and have staged numerous protests before deciding to bring the case to court.

Foul Odor, Polluted Water, and Toxic Contamination

One of the main problems caused by the Niew Charoen Company’s factory operation that people have complained about is the "odor”. Apart from being an annoyance, sometimes the emissions were overwhelmingly strong, causing sleep difficulties and other illnesses among the people living in the vicinity or downwind of the factory.

Another major problem cited numerous times by the villagers is “water pollution”, which was discharged from the factory into the public waterways, especially Nam Pu creek. The villagers in Nam Pu subdistrict whose houses are located downstream of the creek and the factory have been severely affected, not only by the foul smell but also pollutants, which were also detected later. The contaminated condition of the creek water has resulted in the posting of warning signs instructing people to “stop using the water”. The situation has directly impacted water usage and consumption by the local people.

Since the water from the creek could no longer be used for agricultural activities, the villagers’ crops were damaged, including longan, the key economic product of Nam Pu subdistrict. Some farmers had even spent a million baht to develop a groundwater system in an attempt to rescue the damaged crops. However, many have found that the water from their groundwater wells emitted a pungent odor similar to the smell of industrial leachate, especially on the land located near the creek and the factory. Upon further examination, water collected from the villagers’ groundwater wells was found to be contaminated with hazardous substances. The polluted water has caused thousands of ten-year old high-yielding longan trees to essentially die while still standing.[49] Other crops in the area were also affected and could no longer be sold at the previous profitable price. Moreover, their agricultural crops have been subsequently withdrawn from the Good Agricultural Practices (GAP) of the Department of Agriculture.

Since 2001, the local villagers have petitioned repeatedly about the foul odor and polluted water, and their actions have led to several inspections by the PCD. Numerous water samples were also collected and examined, for example:[50]

In 2006, the PCD conducted three inspections in the area and noted a problem with foul odors of chemicals and used oil. In addition, strong odors found inside the factory compound might also cause impacts to the residents in the vicinity and could be harmful to the health of the people in the factory.

In addition, an examination of the water samples obtained from public water sources, villagers’ wells located near the factory, and the monitoring pond in the factory site, were found to have chemical contamination. For example, the water from the factory’s monitoring pond had heavy metals such as lead, nickel and zinc, as well as the volatile organic compound, toluene, which did not meet the standards in accordance with the Notification of the National Environment Board No. 20, B.E.2537 (1994), on the Requirements of Groundwater Quality Standards. The PCD then reported the findings of the inspection to the Rang Bua Subdistrict Administration Organization, Ratchaburi Provincial Office, and the Department of Industrial Works, for taking into consideration the suspension of factory operations until the problems are resolved.

In 2009, the PCD examined the water and found a nickel substance ​​in the villagers’ wells, and a lead substance ​​in Nam Pu creek, which did not meet the criteria for surface water quality standards, Category 3, according to the Notification of the National Environment Board No. 8, B.E.2537 (1994).

In 2013, the PCD conducted an environmental quality inspection in the area and collected water samples from the area surrounding the outside the factory. However, the PCD officer could not inspect inside the factory as no employee had the authority to lead the inspection without permission from the owner who could not be contacted.

However, the findings of the water examination revealed that two of the villagers’ groundwater wells owned by Mr. Amnat Panchayanant and Mr. Heang Ngamyingyuad, situated south of the factory, did not meet the standards according to the Notification of the National Environment Board on the Requirements of Groundwater Quality Standards. At that time, the PCD had reported to the responsible agencies, namely the Rang Bua Subdistrict Administrative Organization, Ratchaburi Provincial Office, and the Department of Industrial Works, to resolve the problems and to alert the public to "stop using water" from the groundwater wells for consumption as it may affect people’s health.

In 2014, the PCD conducted an inspection and collected water samples from the factory pond, creek, public pond, and the villagers’ wells situated near the factory, and found that the two groundwater wells owned by Mr. Amnat Panchayanant and Mr. Heang Ngamyingyuad still did not meet the groundwater quality standards. The PCD therefore reported the inspection findings to the Ratchaburi Provincial Office of the Natural Resources and Environment to proceed in accordance with their authority.

During 2014-2016, the PCD collected samples of the groundwater three times, on 30 September 2014, 7 July 2015 and 14 June 2016, and found that the water quality in the monitoring pond and the villagers’ wells situated south of the factory contained volatile organic compounds and heavy metals, which did not meet the groundwater quality standards. On the other hand, the Department of Groundwater Resources’ study on the direction of the groundwater flow has also affirmed that the contaminated water flows from the factory site to public water sources, such as Nam Pu creek as well as local people’s land.

After receiving petitions from the people in Nam Pu subdistrict that the water in the creek emitted chemical-like odors, the Ratchaburi Provincial Industry Office requested assistance from the PCD to identify the cause. Subsequently, on 30 November 2016, the PCD collected four samples of the surface water from Nam Pu creek and rivulets from the villagers’ land near the factory and found that the water was contaminated. The PCD subsequently concluded that the evidence clearly indicated that the pollutants have spread from the factory into the environment.

"The examinations of the surface water indicated contamination of volatile organic compounds in the areas adjacent to the factory and the areas within 500 meters south of the factory, which are oil/synthetic substances, and solvents that are mostly used in industry. This is consistent with the previous findings conducted by the Pollution Control Department, which has detected leachate in the factory’s monitoring pond and the villagers’ wells.

“Volatile organic compounds were not detected in the upstream and downstream areas of Nam Pu creek, and pesticide substances were not detected in any of the examined areas. In addition, on 8 November 2016, the Department of Industrial Works conducted an inspection and found that the water collection ponds inside the factory leaks or seeps into the nearby canal. Therefore, it indicates that the contamination of surface water has spread from the Wax Garbage Company's factory. Moreover, five fire incidents have been reported at the plant over the past years, three of which occurred in 2016. This indicated a level of carelessness in factory operations, and it has consecutively affected the residents in the vicinity”. [51]

Five examinations of water samples by the PCD found that five volatile organic compounds exceeded the standard, namely cis-1, 2-dichlorethylene benzene 1,1,2-trichloro ethane 1,2-dichloroethane and trichlorethylene, and the highly contaminated parameters were cis-1, 2-dichlorethylene. In addition, it found that 1,1,2-trichloroethane has contaminated the deep groundwater level. Moreover, four heavy metal substances that exceeded standards were found in the groundwater, namely nickel, manganese, lead and arsenic as concluded by PCD in the examination report. The critical parameter is nickel, which has contaminated both the monitoring pond and the villagers’ wells.[52]

In addition, during 2013-2016, the PCD and the Department of Groundwater Resources continually conducted environmental quality inspections in the factory and surrounding areas as well as of the public water sources. The examination findings clearly indicate that the pollutants caused by the factory operations, especially volatile organic compounds and heavy metal substances, have leaked into the environment and contamination has reached groundwater levels.[53]

The Department of Groundwater Resources has also analyzed the direction of the water flow by looking at the depth of the well, the groundwater level, the height of topography, the geological data, and the layers of soil and rock in the groundwater well, and subsequently created a cross section model to demonstrate the soil and rock layers and groundwater levels in the northwestern line and found that the groundwater at monitoring pond 3 located on the east side of the factory, and monitoring pond 1 on the west side, have an elevated water level or the hydraulic head is higher than the water level in the villagers’ ponds where the hydraulic heads are lower. The water will then flow from the factory site in a southeastern direction into the Nam Pu creek.

The Department of Groundwater Resources therefore viewed that:

"...It is likely that the contamination is from the factory site since heavy metals and volatile organic compounds often originate from industry. Especially, volatile organic compounds, which are not commonly found in fertilizers or pesticides. In addition, the examination has found that the volatile organic compounds such as 1,2-dichloroethane and 1,1,2-trichloroethane exceeded the groundwater quality standards, which indicates that the contamination has already spread into the deep groundwater level. Therefore, the quality of the water shall be further monitored to identify the cause of these contaminated substances in detail." [54]  

The PCD also commented on the groundwater contamination as follows:

"…The findings of the environmental examinations by the Pollution Control Department are in line with the findings of the Groundwater Resources Department that the contamination of the groundwater in the factory site and the surrounding environment have exceeded the standards. In addition, the direction of the groundwater flow also affirms and indicates that the contaminated groundwater from the factory site has spread to the surrounding environment. The problems shall be urgently resolved, and the quality of the environment shall be restored as quickly as possible..." [55]

On 14 June 2016, the Department of Groundwater Resources detected 8.6 micrograms per liter of vinyl chloride in the monitoring pond in the south (G3), and 22 and 13 micrograms per liter in Mr. Amnat's and Mr. Heang's wells respectively, which are above the standard that shall not exceed 2 micrograms per liter.[56] In addition, during July to August 2016, the Department of Groundwater Resources also detected contamination with some volatile organic compounds that the PCD did not examine, such as vinyl chloride, bromo dichloroethane, carbon disulfide, chlorobenzene and chloroform.

Apart from conducting several water examinations, the PCD has also undertaken an examination of the vapor arising from volatile organic compounds in the soil in 22 spots on 7-8 July 2015, namely eight spots in the factory, 12 spots from the villagers’ houses and public areas around the factory, and two spots from agricultural lands.[57]

The examinations indicated that 19 spots are contaminated with volatile organic compounds, and all spots in the factory site are contaminated, with the level between 0.1-40.4 ppm. The highest contaminated spot in the factory is at the side connected to the creek. The second highest spot is at the new landfill area, with a level of 14.4 ppm. Of the villagers’ houses and public areas around the factory, the examinations found four contaminated spots with the levels between 0.1-1.3 ppm. Contamination was also found on two spots on the agricultural lands, of which the highest contaminated level is 0.9 ppm detected from the cassava plantation behind the factory site.[58] The PCD has analyzed all findings in order to develop a map of contamination levels. The agency has therefore concluded that:

"...the high concentration of vapor emitted by volatile organic compounds in the soil was found in the area stated in the complaint and has spread to the residential and public areas in the southeast. These findings are in line with the study of the direction of groundwater flow by the Department of Groundwater Resources which found that the groundwater flows from the north to southeast. Therefore, the preliminary assumption is that the volatile organic compounds have spread through the areas stated in the complaint by the same direction of the groundwater flow, in which the residential and public areas are located..." [59]

In addition, the volatile organic compounds or VOCs are widely used in many industries, such as petrochemicals, electronics, chemical manufacturing, and pesticides. Groundwater contaminated with volatile organic compounds is likely to be found in critical areas such as illegal dumping grounds, substandard landfill sites and chemical landfill sites. The VOCs may contaminate the soil and rainfall will eventually spread the contaminants vertically into groundwater.[60]  

The International Agency for Research on Cancer (IARC) states that many volatile organic compounds are classified as a human carcinogen,[61] while the US Environmental Protection Agency (US EPA) states that long-time consumption of water contaminated with volatile organic compounds may affect various human organs such as the liver and kidney, the immune system, and also increases the risk of cancer.[62]

Incorrect Landfill Operation, Substandard System

Since numerous complaints were lodged by the villagers over the foul odor and contaminated water in the Nam Pu creek/public land, as well as the frequent fires that have occurred in the factory area, the situation has led to several inspections of the Niew Charoen/Wax Garbage Company’s factory by various government agencies. The findings of the inspections often indicated that the factory’s pond and its landfill operation did not meet standards, for example:

The inspection of all nine factories of the Wax Garbage Company by the Ratchaburi Provincial Industry Office on 15 October 2014 found that:

"...the non-hazardous industrial waste landfill, factory registration number 3-105-1/46 Ror Bor, did not construct the industrial leachate treatment systems according to the approved construction design.

“…factory registration number 3-105-1/46 Ror Bor, did not comply with the provisions of the factory expansion license... because there is no rainwater drainage system in the factory...

“…factory registration number 3-106-3/46 Ror Bor, did not analyze heavy metals (copper and lead) and volatile organic compounds in the groundwater downstream of the factory... and did not submit the report to the Department of Industrial Works every six months, which constitutes non-compliance with the license provisions…

“...factory registration number 3-106-4/46 Ror Bor, did not comply with the Notification of the Department of Industrial Works on the criteria and procedures regarding the management of industrial waste or unusable materials…”[63]

In late 2015, the Wax Garbage Company submitted a letter of complaint to the Deputy Prime Minister, Mr. Somkid Jatusripitak, stating that the company had submitted a request for permission regarding the second non-hazardous industrial waste landfill since 25 March 2015, however after seven months the request had not yet been approved. The company therefore appealed to the Deputy Prime Minister for justice "in the case that the Industrial Waste Management Bureau, and the Department of Industrial Works refrained from performing their duties", which has caused more than 500 million baht damage to the company and affected the employment of 400 people. This incident prompted the Director-General of the Department of Industrial Works, Mr. Pasu Loharjun, to disclose to the media that the agency has inspected the factory site and found that:

"...the landfill operation did not comply with the criteria, and the inspection found solvents leakage, and wastewater seepage from the landfill into the community’s water sources. Therefore, a team was set up to investigate the case, with support from the Pollution Control Department, the Ministry of Natural Resources and Environment, etc. Hence, the permission cannot be granted for the second landfill…”[64]

While Mr. Chulapong Thaweesri, the Director of the Industrial Waste Management Bureau, who was criticized by the Wax Garbage Company, also revealed to the media that:

"...there were three meetings with the Wax Garbage Company whereby the company was informed about conducting calculations of the previous rainfall once the waste is leached, in order to determine the capacity of the landfill. In addition, the company was ordered to change its construction design and to propose a new one. The new design has still not been submitted.

“In addition, the inspection of the 19 spots in which solvents (carcinogens) were found at eight spots, are the same types that were found in the community water sources. Therefore, the Industrial Waste Management Bureau may request the court’s permission to excavate the soil for examining the water seepage, in order to provide evidence of whether the solvents that contaminated the community water sources come from the factory, and originate from which landfill area. According to the Factory Act B.E.2535 (1992), only the factory area can be inspected, but the water flowing outside of the factory is under the Environment Act that the Industrial Waste Management Bureau does not have the authority to inspect, unless court permission is granted…

“The second landfill closure was not properly undertaken, had no wastewater treatment system, and the capacity of its sludge storage pond can contain only 300 cubic meters of leachates, however, when calculating the amount of rainfall combined with the leachates throughout the year, the suitable capacity must be 20,000 cubic meters..." [65]

Nevertheless, the local people still witnessed improper and illegal dumping of wastewater that contained chemical substances inside the factory even after the lawsuits were filed against the company. For example, on 27 February 2018,[66] Nam Pu villagers informed the media that they saw the Wax Garbage Company illegally dumping chemical water into a large hole inside the factory. A backhoe was used to excavate a hole in front of the oil tank storehouse, next to the first waste landfill that was already covered, and then chemicals, from more than one hundred 200-liter tanks, were drained into the hole without any protective covering at the bottom. The incident emitted a strong foul odor all over the area. The villagers observed the situation from the top of the nearby hill. They also took photographs and recorded video clips for evidence as they feared the chemicals from the factory would seep into the ground and contaminate the groundwater and harm their health.

Numerous Fire Incidents

Aside from causing air and water pollution, frequent fire incidents have also occurred since the Niew Charoen/Wax Garbage Company’s factory began its operation. Up until 2017, six fire incidents have been reported at the plant.[67]

A major fire incident on 15-16 March 2013 exposed villagers in the vicinity of the factory to severe air pollution. The fire started in buildings with paper pressing and plastic granulating operations due to a short circuit in the electrical control system. The blaze also spread to three other warehouses storing products and flammable materials, such as wood paints, house paints, and boat paints. Around 6,000 square meters of the warehouse area and many machines were destroyed by the blaze.[68]

Although after new buildings were reconstructed, two more major fires occurred. For example, on 24 April 2014, there was a massive fire and explosive sounds at the building storing recycling paints. The blaze also spread to the manufacturing building and a pile of industrial waste behind the building, which contained recycled paints, plastic pellets, dishwashing liquids, and many other wastes.[69]

Another massive fire occurred on 4 August 2017, which was the sixth fire incident at the Wax Garbage Company’s factory. The media reported[70] that the fire broke out at a waste recycling shop named Pong Charoen which was located inside the factory compound. The blaze spread to a large pile of waste, about two-stories high, which consisted of chemicals in plastic gallons, illegally stored inside the factory, and aerosol cans that continually caused explosive sounds. As the huge pile of hazardous waste burned, thick black smoke was spewed into the environment subjecting local people to significant air pollution. The firefighters had to wear protective masks to shield themselves from the toxic gas while they battled to extinguish the fire for more than two hours.[71]^,[72] 

In addition, the media also reported that on 1 August 2017, less than a week before the fire occurred, a meeting was held with the aim of resolving problems at the Wax Garbage Company. In that meeting, the fourth Coordination Operation Center (under the Internal Security Operations Command) had ordered the Department of Industrial Works and Rang Bua Subdistrict Administrative Organization to strictly ensure that the Wax Garbage Company’s actions were in accordance with the law within seven days. However, a few days after the meeting, the fire occurred at the spot where the alleged illegal landfill of chemicals occurred, essentially, the same spot where the inspection would have been undertaken.[73]         

Illegal Dumping of Hazardous Waste

Apart from struggling with pollution problems caused by the Niew Charoen/Wax Garbage Company’s factory operation, the local people also encountered clandestine illegal dumping of hazardous waste in many spots, including near the "Huai Samnak Mai Teng Reservoir",[74]a large raw water supply used for tap water production and irrigation for people in Chom Bueng and Pak Tho districts. The incident has made villagers more skeptical about whether these incidents of illegal dumping of hazardous waste were linked to the Niew Charoen/Wax Garbage Company.

Another recent case reported by the media was the incident in May 2019, or about two years after the lawsuit was filed, and the Civil Court division that handles environmental cases had issued a provisional injunction prohibiting the company to remove hazardous chemicals out of the factory compound.

Nevertheless, the local people in Nam Pu subdistrict, who were keeping an eye on the case, reported seeing two tow trucks drive out of the Wax Garbage Company’s factory. Tracking down these vehicles, the villagers found approximately 300 oil tanks, each with a capacity of 200-liters, had been deposited on a plot of land in ​​Khao Tham village, Moo 9, Don Sai subdistrict, Ratchaburi’s Pak Tho district, and a group of 4-5 men had used two trucks with sewage suction capabilities to pump the suspected liquid out of the tanks.[75]

Mr. Prasit Saengsawang, who acknowledged that he is the owner of all the tanks transported from the Wax Garbage Company’s factory said that he planned to sell the tanks as scrap, but did not know that the tanks contained chemicals, and stated that the land owner had already been informed about the placement of those tanks.[76]

On the other hand, the headman of Khao Tham village stated that he was informed by the residents that the chemical tanks were dumped on the villagers’ land, located only 300 meters away from the community since 6 May 2019. The contents in the tanks emitted a pungent smell that spread within a radius of more than one kilometer and had caused nasal irritation. The case was then reported to authorities for investigation. The Environmental Office, Region 8, and Ratchaburi Provincial Industry Office therefore conducted an inspection, and collected samples of the suspicious substances in the tanks for examination. Additionally, the incident was also reported to the Pak Tho Police Station on the grounds of transporting suspicious chemicals without permission and attempting to destroy evidence.[77]

Violation/Non-Compliance with the laws

Regarding the issue of the Niew Charoen/Wax Garbage Company’s repeated non-compliance with the laws and/or provisions of the factory operation/expansion licenses, Kobkun Rayanakorn and a group of researchers, have analyzed and concluded that, "(according to available documents)...from 2002 to 2016, there were at least 20 incidents within the scope of non-compliance with the laws”.[78] The chronological order is as follows:

Non-compliance with the law and provisions of the factory operation or factory expansion licenses of the Wax Garbage Recycle Center Company Limited[79]

Date	Factory Registration Number	Non-compliance with the Laws/Licenses	Measures
19 February 2002	Jor 3-45(1)-1/43 Ror Bor (now is factory No. 3-105-1/46 Ror Bor) and Jor 3-47(1)-1/43 Ror Bor	Discharging water from the factory to Nam Pu creek, which may wash away chemicals and cause impacts to the environment and the residents in the vicinity.	Issued an order under Article 37 of the Factory Act, ordering the company to close the discharge channel that releases water from the factory to Nam Pu creek.
6 March 2002	Jor 3-45(1)-1/43 Ror Bor (now is factory No. 3-105-1/46 Ror Bor)	Operating the waste landfill business without permission, which violated Article 50 of the Factory Act.	The Case Settlement Committee imposed a fine as the penalty.
21 March 2002	Jor 3-45(1)-1/43 Ror Bor (now is factory No. 3-105-1/46 Ror Bor)	1) Tank cleaning emitted solvent odor.   2) Production of house paints emitted chemical odor.	Issued an order under Article 37 of the Factory Act, ordering the company to construct an air pollution treatment system that can treat chemical vapors.
9 October 2002	Jor 3-45(1)-1/43 Ror Bor (now is factory No. 3-105-1/46 Ror Bor)	Repairing oil tanks and other tanks emitted solvent odor.	Issued an order under Article 37 of the Factory Act, ordering the company to set up measures to control the solvent odor.
15 September 2005	3-106-2/46 Ror Bor	Wastewater from the storage pond has leaked from the factory area, which may cause danger, damage, or severe impacts to people or properties in the vicinity. Non-compliance with the factory license provision due to discharging wastewater effluent from the factory is prohibited.	The Governor assigned by the Permanent Secretary of the Ministry of Industry has issued an order under Article 39 of the Factory Act, ordering the company to:   1) Suspend all factory operations and rectify the wastewater storage pond to ensure its safety.   2) Put the overflow wastewater back into the factory’s storage pond.
15 September 2008	3-106-10/47 Ror Bor	Non-compliance with the Factory Act B.E.2535 (1992), under the Notification of the Ministry of Industry and the Notification of the Department of Industrial Works, non-compliance with the factory license provision.	Issued an order under Article 37 of the Factory Act, ordering the company to install the machinery according to the permitted list and the construction design. And to comply with the factory license provisions, the Notification of the Ministry of Industry and the Notification of the Department of Industrial Works, the company shall collect all unusable materials, such as film processing liquids and metal plating liquids, and store them in sealed containers and place in appropriate places such as in a building with four-sided concrete walls and covered with a roof.
26 September 2008	3-106-4/46 Ror Bor	Non-compliance with the Factory Act B.E.2535 (1992).	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
3 October 2008	3-105-1/46 Ror Bor	Non-compliance with the Factory Act B.E.2535 (1992).	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
27 October 2008	3-106-2/46 Ror Bor	Non-compliance with the Factory Act 1992 (including the Notification of the Ministry of Industry regarding Waste Disposal or Unusable Materials B.E.2548 (2005), and the Notification of the Department of Industrial Works on Rules and Practices of Operators in the Treatment and Disposal of Wastewater or Unusable Materials B.E.2550 (2007)).	Issued an order under Article 37 of the Factory Act, ordering the company to comply with the relevant Notification of the Ministry of Industry and the Notification of the Department of Industrial Works, and to install the machinery according to the approved construction design, and to comply with the factory license provisions, including to install the effective chemical vapor treatment system.
30 October 2008	3-106-2/46 Ror Bor	Non-compliance with the Factory Act B.E.2535 (1992).	Issued an order under Article 37 of the Factory Act, ordering the company to make a detailed plan and complete its implementation by 15 December 2008.
30 December 2008	3-106-2/46 Ror Bor	Non-compliance with the Factory Act B.E.2535 (1992).	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
12 February 2010	3-105-5/46 Ror Bor	1) Waste landfill area is uncovered.   2) Materials piled up outside the factory building are uncovered.   3) Tailing pond emits a foul odor.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
3 June 2010	3-105-5/46 Ror Bor	Leachate treatment pond or industrial wastes were landfilled, and the monitoring pond condition was in disrepair, and was not fully installed as required, which is in non-compliance with the environmental mitigation measures according to the provisions of the factory license.	Issued an order under Article 37 of the Factory Act, ordering the company to comply with the factory license provisions.
25 July 2012	3-105-1/46 Ror Bor	1) Oil contaminated leachate which is hazardous waste, was transported out from the factory without permission.   2) Full-time environmental personnel are not fully appointed as required.   3) Not disposing non-hazardous waste within 30 days from the date of order.   4) Not constructing the groundwater monitoring ponds in accordance with the provision of the factory expansion license.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
25 July 2012	3-106-1/46 Ror Bor	1) Non-compliance of the Notification of the Ministry of Industry B.E.2548 (2005), (possessing deteriorated shampoo and sediment from the wastewater treatment system for more than 90 days).   2) Non-compliance of the Notification of the Department of Industrial Works B.E.2550 (2007), (placing waste or unusable materials outside the building without safety and environmental protection measures.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
25 July 2012	3-106-3/46 Ror Bor	Not installing all machinery as required.	Issued an order under Article 37 of the Factory Act, ordering the company to install all machinery as required by the license within 15 days.
25 July 2012	3-106-4/46 Ror Bor	Not installing all machinery as required, such as dehumidifier machine for industrial metal plating waste, and the machine for distilling the used solvents in accordance with the license requirement.	Issued an order under Article 37 of the Factory Act, ordering the company to install all machinery as required by the license within 15 days.
1 April 2013		Operating business on the industrial waste landfill, factory category No. 105, in the area that is not permitted.	The Case Settlement Committee imposed a fine as the penalty.
3 April 2013	3-105-1/46 Ror Bor	1) Non-compliance with the license provisions, no prevention measures for dust, odor, and noise.   2) Leachate stored in earthen ponds became rotten and emitted a strong odor, and wastewater seeped into the groundwater.   3) Placing rubber and plastic scraps in the leachate pond.   4) Waste landfill emitted odor due to no material or rubber sheet covering.   5) No groundwater monitoring pond at the north and the end of the landfill site for checking the leakage under the rubber sheet at the landfill base.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify by disposing or treating all the leachate in the landfill, moving rubber and plastic scraps to the permitted landfill site, daily covering of the landfill with HDPE rubber sheet, constructing the groundwater monitoring pond at the north and the end of the landfill site to replace the old one that was already broken.
16 March 2014	Jor 3-40(1)-2/46 Ror Bor    Jor 3-53(9)-1/46 Ror Bor	A fire broke out at the buildings with the plastic granulating and paper pressing operations, and the blaze also spread to three other nearby buildings which stored flammable products and materials, such as wood paints, house paints, and boat paints. The fire has damaged 6,000 square meters of the factory building area, including many machines. The fire also completely destroyed the buildings’ structure, and undertaking operations in these buildings may cause great danger or death to the workers.	Issue an order under Article 39 of the Factory Act, ordering the company to suspend its operations in all burned buildings, and to renovate or rebuild new safe ones, and to install new machinery, and check the electrical system in the factory, etc. Once the renovation has been completed and the operation is ready to commence, the company must submit a detailed document to the Ratchaburi Provincial Industrial Office.
24 April 2014	Jor 3-64(11)-1/45 Ror Bor	Fire incident occurred in the factory building with operations for metal scrap pressing, such as iron, aluminum, copper, brass, and other metal scraps.	Issue an order under Section 39 of the Factory Act, ordering the company to suspend the operations in all factories (later in June 2014, the factory was allowed to operate since the factory building has been completely constructed, and 56 horsepower has been installed in accordance with the factory license).
4 June 2014	3-106-4/46 Ror Bor	The investigation of the factory fire found that the burned buildings operated the business on solvent distillation, drilling and compressing perfume spray, dehumidifying sludge from industrial metal plating and electronics.	Issue an order under Article 39 of the Factory Act, ordering the company to suspend some parts of its operation until the rectification is completed.
4 June 2014	3-106-4/46 Ror Bor	The investigation of the factory fire found that the factory had stored the incoming raw materials such as aerosol cans, in the area that is not permitted in the license.	The Department of Industrial Works issued a letter instructing the company to be attentive to storing incoming raw materials only in a permitted area, otherwise, it will be punishable by law.
29 October 2014	3-106-3/46 Ror Bor	Non-compliance with the factory license provisions. Not analyzing heavy metal substances (copper, lead), volatile organic compounds in the groundwater downstream of the factory, and not submitting the report to the Department of Industrial Works every six months.	Issued an order under Article 37 of the Factory Act, ordering the company to comply with the factory license provisions.
29 October 2014	3-106-4/46 Ror Bor	Non-compliance with the factory license provisions.   1) Raw materials and unusable materials were piled up outside the building.   2) Chemical vapor deodorizing system was damaged and ineffective.   3) Dust removal system was damaged and ineffective.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
29 October 2014	3-106-4/46 Ror Bor	Non-compliance with the Notification of the Department of Industry Works on the Criteria and Procedure Regarding the Management of Waste or Unusable Materials, B.E. 2550 (2007) which violated Ministerial Regulation No.2, B.E.2535 (1992).	The Ratchaburi Provincial Industrial Office provided notification that the company had violated the Ministerial Regulation under Article 8 (5), which violated the Factory Act, and a fine shall be issued.
29 October 2014	3-106-10/47 Ror Bor	with the Factory Act B.E.2535 (1992).	Issued an order under Article 37 of the Factory Act, ordering the company to rectify.
18 March 2015	3-105-1/46 Ror Bor	The industrial waste leachate constantly overflows from the leachate collection pond situated next to the landfill, and also overflows from the landfills because the collection pond did not have enough capacity to collect all the leachate, and the leachate also contains high concentrations of oil.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify the overflow of leachate at the collection pond and the leachate shall be disposed, and to dispose oil in the leachate collection pond in accordance with the laws, and to clean up the leachate collection pond to be able to sufficiently collect the leachate.
18 March 2015	3-106-2/46 Ror Bor	There are piles of raw materials such as used oil, paint sludge, and unqualified paints, in the factory building which pose a high risk of fire, and no fire protection system has been installed. The types of machinery and electrical equipment used in the factory are not spark-proof, or explosion-proof.   Soil particles on the factory concrete floor are tainted with oil generated from its operations, which may pose a risk of fire and may seep out from the factory area and contaminate the rainwater that drains out from the factory.	Issued an order under Article 37 of the Factory Act, ordering the company to:   1) Install a fire prevention system.    2) Install spark-proof, or explosion-proof machinery and electrical equipment that obtained standard certification.   3) Clean up the oil stains on the concrete floor and dispose the soil tainted with oil in accordance with the technical procedures and laws.
10 April 2015	3-105-1/46 Ror Bor	The operation of non-hazardous industrial waste in the second landfill site (of the first factory extension) was carried out without notifying the authority according to Article 13, which is an offense under Article 51, and shall be subject to a fine not exceeding 20,000 baht.	Issued an order under Article 37 of the Factory Act, ordering the company to stop the violations, and to comply accordingly with the Factory Act. (Later on 29 April 2016, the Office of the Permanent Secretary for the Ministry of Industry provided notification that the Regional Case Settlement Committee, Group 2, had ruled that the company is not guilty since there were notifications on commencing the operation of its first factory extension, including two landfill sites).
24 January 2016	3-106-2/46 Ror Bor	Operating business on producing alternative fuels and mixed fuels and storing many used oil and used solvent tanks, which is an offense of operating the factory without obtaining a license.	The Department of Industrial Works requests the Provincial Office to assign the Provincial Industrial Office to act in accordance with the Factory Act B.E.2535 (1992), as well as to stop the violations.
26 January 2016	3-105-1/46 Ror Bor	The inspection of the factory fire found that all of the buildings where waste or unusable materials were sorted have been damaged which may pose great danger, damage, or impact to the people in the factory.	Issued an order under Article 39 of the Factory Act, ordering the factory to temporarily suspend its operations on waste or unusable materials sorting, and to rectify the factory building and its safety conditions.
1 April 2016	3-105-1/46 Ror Bor	There was a pile of slag and ash dust in the outdoor area of the recycling shop, Phong Charoen, situated outside the factory, which violated the Notification of the Department of Industrial Works B.E.2540 (1997).	Issued an order under Article 37 of the Factory Act, ordering the factory to rectify the situation by removing the slag, ash, and dust, from the outdoor area to be disposed/treated within 15 days.
1 April 2016	3-105-1/46 Ror Bor	The Pollution Control Department had examined the environmental quality in the factory area and its surroundings and found that the groundwater quality did not meet the standards.	Issued an order under Article 37 of the Factory Act ordering the factory to rectify the groundwater quality and submit the groundwater monitoring report, and analyze the causes and sources of contamination, including the proposal of measures for prevention and improvement, as well as evaluation of the groundwater flow direction.
1 April 2016	3-106-2/46 Ror Bor	There were many 200-liter tanks that contained paint sludge, glue sludge, and oil, in the recycling shop, Pong Charoen, situated outside the factory, which violated the Notification of the Department of Industrial Works B.E.2550 (2007), and may pose impacts to the people or properties in the vicinity of the factory.	Issued an order under Article 37 of the Factory Act, ordering the company to rectify by removing all 200-liter tanks stored in the factory building, and bring all waste to dispose/treat within 15 days.
13 September 2016	3-105-1/46 Ror Bor	The Pollution Control Department and several relevant agencies collected and examined water samples from three factory ponds and found that the heavy metal substances and volatile organic compounds did not meet the groundwater quality standards, which the factory was required to monitor according to the provisions of the first factory expansion license.	Issued an order under Article 37 of the Factory Act ordering the company to rectify and analyze the causes and sources of contamination, including to develop measures for preventing contamination in the monitoring pond.

Over the past two decades in the struggle against factory pollution and in pursuit of justice, the people of both subdistricts who were directly affected have repeatedly pointed out that the pollution impacts, especially the contamination of the local water resources which have been harmful to their health, damaged their agricultural products, and resulted in economic losses, are likely caused by the operations of the Niew Charoen/Wax Garbage Company. Moreover, the PCD’s environmental quality findings are also consistent with the Department of Groundwater Resources’ groundwater flow direction findings, which indicated the contamination of volatile organic compounds and heavy metal substances in the groundwater in the factory area, which has also spread into the environment.[80]

To date (2020), however, while the findings of the relevant state agencies remain inconclusive as to whether or not the environmental impacts affecting the people in two subdistricts over the past two decades were caused by the operations of the Niew Chaoren/Wax Garbage Company, the local people continue to struggle and remain concerned about who will be held accountable for the losses and damages inflicted upon them over the past two decades.

4. Legal Limitations and Problems in Law Enforcement

Over the past 20 years, the local people who were affected by the Wax Garbage Company’s factory operation have submitted numerous petitions to various government agencies both at the local and national levels. Dozens of committees have been established to examine and resolve the problems, several environmental samples have been collected and examined by state agencies, and the subsequent findings have been publicized. Some relevant agencies have stated their concerns about the pollution risks that could affect the environment and people’s health and have warned the local people to stop using water from the creek because heavy metals were detected. Moreover, despite the company being ordered many times to suspend and rectify its operations, the problems remain unsolved, and the factory continued to operate for nearly 20 years. However, after two decades of suffering without any solution, the local people finally decided to bring the case to court.

Since the Factory Act 1992 (B.E.2535) stipulates that under Article 39, the factory can be ordered to temporarily suspend all or some aspects of its operation only in the case that the factory operators intentionally decline to comply with the orders under Article 37 without reasonable grounds, or only in the case that operating the factory may cause “serious” harm, injuries or distress to the people or property in the factory or its vicinity. Therefore, despite that the factory did not comply with the laws and regulations, and/or caused the impacts to the environment, the Department of Industrial Works can only issue under Article 37, an order to the factory operator to rectify or improve its operation, and once the factory operator has modified the factory or complied accordingly within the specified period of time, the factory operation shall be permitted to continue regardless of how many times the factory has violated the laws or factory regulations.^[81] For example, in the case of the Wax Garbage Company, it appears that over the past 20 years, the factory has repeatedly violated the laws and terms of the factory license, however, it has always resumed operations, with the occasional prosecution usually resulting in a mere fine.

In addition, although the Factory Act stated that violating or failing to comply with the laws shall be liable to “a fine not exceeding two hundred thousand baht”, it also stated that “the Case Resettlement Committee shall have authority to settle the case”.  Thus, in practice many cases ended with the factory operators required to pay a relatively low fine and, consequently, they are willing to make repeated payments to ensure factory operations resume by rationalizing that breaking the law is economically worthwhile.[82]

In fact, the findings of environmental examinations from various agencies have pointed out the environmental and health impacts caused by the factory operation, and clearly indicated the spread of many pollutants from the factory site to the outside environment including the public waterways. Therefore, these findings provide reasonable grounds for the concerned agencies to take decisive measures. However, with the legal loopholes, the authorities often choose to order the factory to improve its operation instead.

Aside from the legal loopholes that led to repeated violations of laws and regulations, another key factor is the ignorance demonstrated by the relevant agencies who are responsible for law enforcement. Regarding the repeated non-compliance with the factory operating licenses and resultant continuous impacts to the community, if the responsible agencies take the cases seriously, the polluted factory can be shut down. Although the provisions of the Factory Act do not directly allow the agencies to shut down the factory, the Department of Industrial Works can propose to the Prime Minister, under Article 9 of the Promotion and Conservation of National Environmental Quality Act 1992 (Environmental Act B.E.2535), to issue direct orders to the responsible agencies, or any person to take action in order to control, suspend, or mitigate the adverse impacts of such danger or damage, etc.

Another critical legal loophole is the role of "issuing” and "regulating" the factory licenses, which is authorized by the same agencies under the Ministry of Industry, namely the Department of Industrial Works and the Provincial Industry Office. On the one hand, these agencies promote industrial investment and grant the factory operation licenses. On the other hand, they are also the regulators who oversee the factory operations. As a result, the overlapping roles have created a power imbalance between the tasks of promoting and regulating the factory operations. However, despite that environmental agencies such as the Pollution Control Department (PCD) have a potential role in monitoring factory operations and environmental impacts, PCD does not have a direct role in regulating the factory’s compliance with the law. PCD merely examines, reports, provides recommendations, and calls for collaboration with the Department of Industry Works to supervise the factory to comply with the law.

The limitations or weaknesses of the laws, as well as the legal loopholes and the inefficiency of law enforcement by competent officials as illustrated above have led the people/communities who are affected by repeated environmental impacts in Thailand to rise up and fight against the polluted factories. However, after many years, their activism has not led to any realistic solutions but rather to despair. Finally, they have no choice except to bring the case to court.

5. Conclusion / Analysis

Over the past several decades, government policies mainly focused on promoting industrial development, but lacked management plans to handle the continually expanding problems of wastes and/or unusual materials resulting from the growth of industrial production processes. In addition, the lack of appropriate legal measures and strict enforcement have created an "unwanted residue from the profits" from the industry, namely the environmental impacts and various hazardous substances that contaminate the environment and natural resources including air, water, and soil that the local people rely upon. The toxic pollutants have affected the agricultural livelihoods in various communities nationwide and contaminated food producing areas, as well as local people’s health. Furthermore, people throughout the country who consume locally grown food are also at risk of consuming the contaminated agricultural products, and of living with the toxic environment. 

In many cases, problems and conflicts between the local communities and the factories are often portrayed as a conflict between the industrial sector, the engine of the country’s economic growth, and local people who are unwilling to accept change. In addition, the environmental impacts and damages caused by factory operations are simply viewed as "local problems". In fact, these problems truly affect and damage the entire country and Thai society, regardless of which aspects are taken into consideration, such as economic aspects or economic benefits to the country, for example.

Typically, before investing in any business, the investors would carefully estimate and speculate about the profits and financial gain, which should be relatively higher than the expenditures. In the case of the Wax Garbage Company, over two decades of factory operation, the company has faced numerous complaints, inspections, prosecutions, and fines, as well as conflicts with the local communities. Nevertheless, the company is still determined to continue its operations simply because they view it as economically worthwhile compared to all the “costs” that they have to pay.

On the other hand, how has the Thai government, as the granter of factory licenses, and other industrial operations through the Department of Industrial Works, thoroughly assessed the costs and viabilities of the industrial plants, both in the process of granting approval/permission, and also monitoring, especially in the cases that could cause environmental and health impacts to the people? In many cases, however, it normally appears that the factories can maintain operations for many years despite causing negative impacts to the environment and local communities.

Considering the irreversible impacts on public health, the well-being and the quality of life of the local people, as well as the damage and impact on the environment, natural resources, and ecosystem, the question is – has the government ever seriously assessed the economic values, and evaluated the true "costs" that the local people, the state, and the citizens of the country, are paying for?

In the case of the Wax Garbage Company and Nam Pu community, the impacts and damages are summarized as follows:

Impacts and damages to the local communities

• Impacts and damages to the environment and natural resources. Water and soil contamination resulting in the degradation of the natural resources in the area.  Many water sources can no longer be consumed or used for agriculture, and the restoration of the environment back to its original state requires a significant amount of time and money.

• Economic losses in the agriculture sector in the area. The contamination of resources has degraded the farmlands used to cultivate various economic crops for export, which are the main sources of income for farmers and communities.

• Impacts to local people’s health due to living in the polluted environment.

• Impacts to the mental health of people in the area. Over the past several years, knowledge of the ongoing risk of exposure to hazardous substances has resulted in heightened anxiety amongst people who live in the vicinity of the factory. Moreover, they have also experienced elevated levels of stress from economic losses resulting from the damage to agricultural lands and products. In addition, they are constantly faced with many pressing issues and hopeless situations especially after spending time and money presenting their complaints, but their problems remain unresolved and they continue to live with conflict. Consequently, the mounting pressures have affected their mental health, which inevitably has a direct impact on their physical health, and greatly affects the overall quality of their lives.

In addition, the negative impacts on both the physical and mental health of the local people will result in the deterioration of the community’s human resources, and the least likely consequence will be the deterioration of the local economy.

Impacts and damages to the state

While people have suffered the impacts in their respective areas, the state mechanisms are not efficient enough to resolve the problems in a timely manner. Furthermore, unresolved problems can worsen the situation and lead to a crisis, which will eventually result in damage to the government, the country and Thai society, for example:

• Loss of economic resources/ agricultural production areas due to the degradation of resources in the area.

• Loss of funds due to the need to monitor the impacts and for medical treatments. When people in the affected areas fall ill, a portion of the expenses for their medical care also come from the state health budget. Furthermore, in some cases, the state is also required to pay for restoration of the environment.

• Loss of faith and trust from the people. While people have experienced hardship and tension in the area, they have also encountered ineffective state mechanisms and their problems have not been effectively resolved. In many cases, they repeatedly experienced a lack of accountability and responsiveness from state officials. These situations have led to the loss of faith and trust in state mechanisms and officials, a situation which has the potential to develop a negative view of the government. In addition, it often appears that the negative sentiment towards ineffective state mechanisms and lack of accountability could spread to wider groups of people, and once people in other areas become aware of the problems, it would eventually cause widespread distrust of state agencies and government.  

Once people have lost trust in the state agencies and government, it will inevitably affect government stability. Moreover, it would be even more difficult to call for cooperation from the people to participate in solving the problems, and situations like this would eventually harm the country’s interests.

The examples illustrated above are some of the problems, impacts and damages that have occurred in Nam Pu subdistrict, Muang district of Ratchaburi province. These are the "costs" that the country, essentially both the state and its citizens, have paid and continue to pay for.

Regardless, these costs have never been taken seriously into account when the policies were made. However, even considering only one economic aspect, for example, the costs of damage to the agriculture sector (or tourism sector in some areas), and the costs for the restoration of natural resources and environment, as well as the costs of public medical healthcare due to people’s sickness caused by pollution each year, it is a significant amount of money that requires the government to pay serious attention to and provide conscientious planning to develop policies and measures to prevent and mitigate such damages.

In contrast, if the government does not seriously resolve the problems, and/or the state monitoring mechanisms remain weak and ineffective, these costs will continue to rise, and the problems and impacts will spread even wider, and it will potentially contribute to significant damage to the country.

The case of the Nam Pu subdistrict, Muang district in Ratchaburi province is not the first case dealing with pollution problems in Thailand, and it is not the only case that reflects the inefficiency of state mechanisms for regulating the businesses of waste sorting/recycling of hazardous industrial waste, plastic waste and other wastes in Thailand, as there are many cases similar to the Nam Pu community happening nationwide. Especially, since China stopped importing waste from foreign countries, large amounts of imported waste are sent to Thailand. Between January to June 2020, Thailand has imported approximately 650,000 tons of imported waste.[83]

In the case of ​​Nam Pu subdistrict, while the community is still fighting in court against the polluted factory in the area as well as the state agencies, it has been recently reported that a Chinese company is investing in a 7,000 horsepower plastic recycling plant in Nam Pu subdistrict in 2020, which is a result of Thailand allowing the import of waste from foreign countries.

As long as the government continues to ignore the "costs" of environmental problems and industrial pollution, and as long as the state mechanisms remain weak, "Nam Pu creek" and Nam Pu subdistrict will not be the last creek and the last case that suffers from toxic industrial pollution under the name of "recycling".