Map Ta Phut residents should seek a court order forcing the National Environment Board (NEB) to declare the area's industrial estate a pollution-control area, an environment lawyer said yesterday.

Surachai Trong-ngam advised unhappy residents to ask the Administrative Court for an Environmental Protection Act ruling over a NEB decision to delay imposing a pollution-control zone on the Map Ta Phut Industrial Estate in Rayong.

The NEB has administrative authority to declare pollution-control zones in the interests of the environment and residents.

If the NEB fails to exercise its authority and endangers lives from allowing excessive toxic emissions, people can approach the Administrative Court for relief.

Article 59 of the 1992 Environmental Protection Act authorises the NEB to declare any area a pollution-control zone if it is polluted and people's health is at risk.

"Scientific records show Map Ta Phut is polluted with many toxic substances harmful to humans. The NEB can declare the area a pollution-control zone now and start to reduce emissions," he said.

The NEB on January 11 decided to delay imposing the measure following a recommendation from the Pollution Control Department, which said Map Ta Phut was polluted by at least 40 dangerous compounds, some cancer-causing.

Deputy Prime Minister and Industry Minister Kosit Panpiemras heads the board.

The NEB needs clear evidence Map Ta Phut residents' health problems are related to estate pollution, it said.

It appointed two committees. One will take a year to study disease rates in the area and their relationship to emissions. The other will thrash out a compromise with factories over emission reductions.

Eastern People's Network coordinator Suthi Atchasai will consider Surachai's court-ruling suggestion.

"We will give the NEB one month. If it does not give us a satisfactory answer, we will have to do something," he said in reference to the network's demand to the board for emission controls.

Suthi said residents agreed with NEB committee objectives but wanted assurances that during the one-year study period the Industrial Estates Authority of Thailand would not expand the estate.

"We want the government not to be hypocritical. It says it will govern according to the principles of the sufficiency economy, so it should. If phase three of the estate goes ahead, then this means this government is no different from the overthrown administration that ran the country employing the capitalist credo."

Pennapa Hongthong

The Nation