Thai court orders factory to pay 1.77 billion baht for pollution

Environmental Justice

Thai community wins landmark pollution case in economic corridor

Science proved to be a key ally for a community in their fight against a toxic leak from a nearby factory in Thailand’s Eastern Economic Corridor.

By Ken G Weber

Published 8 August 2024
4 min read

Chachoengsao – When residents of Chachoengsao’s Khao Hin Son subdistrict reported recurrent skin irritation and sightings of an unknown green substance leaking into their water reservoir, geologist Manussawee Hengsuwan was called in to uncover the source of contamination.

Manussawee, of the Department of Groundwater Resources, collected water samples below ground and around the reservoir. According to her department, groundwater should be between 6.5 to 8.5 pH. The sample collected was below 3 pH, appearing transparent, light-blue and likely to be highly acidic, making the water unviable to 50 households.

In 2022, she and her department, along with the Pollution Control Department and two other government agencies, sued THH Molyprocessing Co. Ltd for contaminating the surrounding environment in eastern Thailand, including the 16th Lum Nam Jone Reservoir.

Last Wednesday, Chachoengsao Provincial Court ruled in favour of the plaintiffs and penalised the owners of the processing plant. The case cited the scientific finding as proof in pinpointing the polluter.

The Court ordered the owners of the processing plant to pay 1.77 billion baht (about 50 million USD) in environmental damages, which will be spent on restoration projects that could take up to ten years to complete.

Manussawee’s research was pivotal in linking the contamination to the metal processing plant 500 metres away from the reservoir.

“We were on the brink of failure,” Manussawee told HaRDstories. “Without the power of science and geology, we would have never uncovered the source of the contamination that was slowly poisoning the reservoir.”

The hunt for the polluter

The 16th Lum Nam Jone Reservoir, a nearly two million cubic metre body of water nicknamed by the locals as Laem Khao Reservoir or Yai Jaew Dam, supported 50 households in agriculture and daily consumption before severe contamination occurred.

The Royal Irrigation Department, a plaintiff in the case, has managed the reservoir since its construction in 1980. Villagers started to report skin irritation and diminishing aquatic livestock to local authorities in 2019.

An investigation was underway, however, the police found no perpetrator. While 500 metres away from the reservoir sits a molybdenum processing plant, the evidence was inconclusive to file a lawsuit. The Royal Irrigation Department rejuvenated the reservoir and the surrounding waters, but the water remained acidic.

Only a thorough scientific investigation could determine how the area is still contaminated, and in late 2020, the Provincial Office of Natural Resources and Environment Chachoengsao contacted Manussawee’s department. In 2021, she and her team began their quest to study the water beneath the surface.

Science triumphs in court

Manussawee explained to HaRDstories in detail what narrowed down the search to catch the polluter. Two main approaches were used: the directional flow and chemistry of the groundwater.

The team dug holes around the area no deeper than 23 metres and measured the flow of water with electric tape. When the data had been collected, they rendered a 3D topographic map of the area, clearly showing how the water ran down from higher elevations to the lower regions.

Another crucial piece of evidence was the composition of the groundwater. While some chemicals like iron are readily present, the high concentration of heavy metals like molybdenum pointed to the molybdenum processing plant up the hill that could have contaminated the groundwater due to improper waste disposal.

“The waste that comes from the production process and the quality of groundwater had similar qualities,” said Manussawee. “It turns out that they are almost exactly the same, with the same heavy metal.”

Adding the two approaches, the map showed contaminated water coming down the hill in clusters toward the reservoir. When questioned about how the molybdenum processing plant disposes of its industrial waste that requires a special permit, they reportedly answered that they had their own method.

Landmark collaboration

Despite locals’ complaints dating back to 2019, it took five years – including two years since the lawsuit was filed in 2022 – to punish the polluter.

Nevertheless, multiple government agencies banded together to hold the company accountable for its malpractice, according to Dawan Chantarahassadee of Ecological Alert and Recovery (EARTH).

“This is the first time various government agencies have come together to compile data and file a lawsuit,” said Dawan. “The company must pay compensation for the area’s restoration according to the ruling.”

However, she is sceptical whether the government will have the willpower to enforce the ruling. The polluting company could still appeal the case that would hinder the restoration process and deprive the locals of treated water – or declare bankruptcy and flee the case.

Not an isolated incident

A wave of industries has swept into Thailand’ Eastern Economic Corridor (EEC) in recent years that includes the provinces of Chachoengsao, Chonburi and Rayong.

Villagers in the EEC sometimes live in close proximity to recycling plants and metal refineries. When these neighbours disregard regulations, villagers are stuck in a deteriorating environment.

As villagers seek justice, they often face years of intimidation and waiting for the legal system to weigh in. Furthermore, the enforcement of court orders can be less than desirable for the villagers.

In a similar case in 2022, villagers in Rayong’s Nong Phawa subdistrict won a case against a polluting company that had illegally obtained and placed hazardous chemicals in landfills around its factory.

The polluting company had to pay 20.8 million baht (nearly 600,000 USD) for compensation. But without enforcement, the harmful chemicals ignited this year due to a lack of restoration oversight. The fallout had drastically contaminated the surrounding environment while forcing the villagers to live with the dire consequences.

Without any immediate action to purify the groundwater and the 16th Lum Nam Jone Reservoir, local villagers in Khao Hin Son subdistrict are also forced to live with a contaminated environment. They are in constant need of external water sources, which increases their living expenses, to sustain their daily life, Dawan said.

“The villagers shouldn’t have to deal with this issue,” said Dawan. “The real question is, when will the reservoir be restored to benefit the community as it once did?”

Read our story about a farming community’s fight against pollution in Thailand’s Eastern Economic Corridor.