Abstract:
The purpose of this study was fivefold.First, it aimed at examining legal problems in
managing solid waste in open dumps. Also, this study intended to research legal concepts and
theories to protect the quality of environment. The third purpose was to examine laws relating to
open dumps or landfills. In addition, this study attempted to analyze legal problems in relation to
open dumping or landfill fires. The last purpose of this study was to provide suggestions
regarding laws in solid waste management in open dumps both in Thailand and foreign countries.
The results of the study were as follows: It was revealed that the enforcement of laws
based on the article 80 stated in the national act for promoting and maintaining quality of
environment B.E. 2535 was not appropriate, and no serious law enforcement was conducted
among those involved. There were some improving guidelines for those who were the owners of
open dumps, the responsibility of local government officers, and the authorities of government
staff who were in charge of pollution control. First, the qualifications of staff responsible for
pollution control should be determined by dividing into two levels, including those at a
practitioner level and those giving commands. Second, a clear and specific time line should be
set for officers to act based on a Factory Act B.E. 2535. In addition, a coordinating committee for
environment and factory management should take a decisive role to resolve a dispute or conflict
between pollution control officers and other government officers. Fourth, it was found that there
was no alignment between an appointment of pollution control officers and what have been stated
in the laws. Furthermore, a pollution control officer who would receive reports should be assigned
based on the article 80. Also, other officers as stated in laws should be given authorities in
monitoring, closing, suspending, and ending the use of pollutant-generating sources that have not
complied with environmental laws. The severity of criminal conviction relating to the violation of
the article 82(2) should be increased. Finally, a sub-committee who are specifically responsible
for examining the forms filed against the pollution control officers commands should be
appointed by the pollution control committee.