Decentralizing Inspection Function in Thailand Warapong Tungittiplakorn Environmental Quality and Laboratory Division Pollution Control Department, Thailand

Overview Legal Background Rationale for Decentralization Activities Mechanism Process Chart Results Lesson Learned

Legal Background (1) Under Section 11 of the Enhancement and Conservation of National Environmental Quality Act B.E.2535 (NEQA 1992), the Minister of Natural Resource and Environment shall have the power to appoint pollution control officials and competent officials for the execution of this act.

Legal Background (2) Pollution control officials are empowered to  Enter any point source of pollution for inspection  Issue an order to correct non-compliance behavior  Recommend the official who has the legal power to control the point source of pollution, to close down its operation, to suspend or revoke the license of its owner or operator, or to bar its use  Recommend the local official to take legal action against the owner or possessor of the point source of pollution  Give advice and suggestions to the local official or the government agency about the operation and maintenance of the central wastewater treatment plant or the central waste disposal facility under the responsibility of such local official or government agency.

Legal Background (3) Competent Officials are empowered to  Stop and inspect vehicles  Prohibit the use of vehicles that exceed the emission standards

Rationale for Decentralization Capacity Limitation  No. of PCD inspector = 28  No. of pollution sources > 61,000  No. of environmental complaints

Activities (1) Appointing pollution control officials  All provincial governors  All district sheriff  Regional environment officers  Provincial natural resource and environment officers Appointing competent officials  Traffic police  Marine police  Provincial natural resource and environment officers  Local officers

Activities (2) Trainings for regional, provincial and local officers.  Training for pollution control officials from 58 provincial and 16 regional offices.  Training for pollution control officials from 45 provincial and 2 regional offices.  Training for competent officials from 13 local governments and 2 provincial offices.  On-the-job trainings for regional, provincial and local officials.

Activities (3) Supplying equipments for Regional Environment Offices (REO) and Provincial Natural Resource and Environment Offices (PNRE)  Water sampler  pH-Conductivity meter  pH-DO-Conductivity meter  Opacity meter

Mechanism A coordination mechanism has been established between the Office of the Permanent Secretary of MONRE (OPS-MONRE), PCD, REO, and PNRE for systematic and effective response to environmental complaints. When a citizen sends a complaint to OPS-MONRE, the complaint is passed on to PNRE where the problem occurs, and copied to PCD and REO. If PNRE cannot deal with the problem, it can request for support from REO. If REO cannot deal with the problem, it can request for support from PCD.

Process Chart Pollution Sources Inspection Inform responsible authorities OPS-MONRE Enforcement Follow-up Result YesNo PCD REO PNRE Citizen Complaint

Results

Lesson Learned A clear and effective mechanism is vital to the success of decentralization. Capacity building for regional and provincial officials must be a priority and ongoing.

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