Cantonal Environmental Protection Ordinance (KUSV) - Jurisdiction (KUSV)

1. The competent department for environmental protection is the Department of Education, Culture, and Environmental Protection.

2. The specialized office for environmental protection is the Office for Nature and Environment.

1. The government, the department, and the specialized office are authorized to enter into contracts with private individuals and public law entities to outsource the execution of tasks within their areas of responsibility.

2. The government, the department, and the specialized office may enter into cooperation agreements with companies or industry associations.

3. The Higher Court may be designated as an arbitration tribunal for disputes arising from such contracts.

1. If the municipality becomes aware of behaviors or conditions that may potentially violate federal or cantonal environmental protection legislation, it investigates the matter. It requires the responsible parties (causers or disruptors) to restore the lawful condition. If a cantonal or federal authority is competent, it simultaneously reports the matter to them.

2. If the responsible parties do not comply with the municipality’s request, the competent authority orders the restoration of the lawful condition and enforces it.

3. In cases of non-compliant conditions that violate both environmental protection legislation and spatial planning legislation, the restoration of the lawful condition is governed by the cantonal spatial planning law, provided the primary violation concerns construction and planning law. If the violation predominantly concerns environmental protection regulations, the restoration is ordered and enforced by the authority competent under environmental protection legislation. In cases of doubt, the potentially competent authorities agree on the jurisdiction.

1. The following installations are considered installations that cause significant air pollution

a) Parking facilities with at least 150 parking spaces for passenger cars;

b) Wood and coal combustion installations with more than 70 kW of combustion heat output;

c) Oil and gas combustion installations with more than 350 kW of combustion heat output;

d) Combustion installations operated with wood waste (as per Annex 5 number 3 paragraph 1 letter c and paragraph 2 of the Air Pollution Control Ordinance) or with heavy oil;

e) Combined heat and power plants and stationary combustion engines;

f) Commercial and industrial installations pursuant to Annex 1;

g) Animal husbandry installations pursuant to Annex 2;

h) Other installations from which significant odor nuisance is expected.

2. Before the municipality grants the building permit for an installation according to paragraph 1, it obtains the approval of the competent authority. The procedure follows Articles 33 and 34.

1. For the minimum height of chimneys and exhaust ducts that cannot be calculated according to the Air Pollution Control Ordinance, the recommendations of the Federal Government are to be applied.

1. Outdoor work where harmful or nuisance emissions are expected, particularly corrosion protection tasks such as sandblasting or spray painting, must be reported to the competent authority in writing, with the intended protective measures, at least two weeks before starting, provided that the area to be treated exceeds 50 m².

2. The obligation to report lies with the operator carrying out the work and the owner of the object being worked on.

3. The competent authority may impose additional protective measures. It may prohibit corrosion protection work from being performed outdoors unless it is absolutely necessary.

1. The municipalities are responsible for the periodic inspection of heating systems that are operated with "extra light heating oil" or gas and have a combustion thermal capacity of up to 1 MW.

2. The municipalities are entitled to have the heating inspections conducted more frequently than every two years.

1. Furnace inspections may only be conducted by trained professionals who are independent of the burner and boiler trade.

2. Trained professionals are considered to be persons with technical or vocational training who commit to taking the professional examination recognized by the Federal Office for Professional Education and Technology within three years, or who possess equivalent training.

3. Persons entrusted with official furnace inspections are obliged to participate in introductory and continuing education courses conducted or recognized by the competent authority.

1. The specialist authority makes arrangements for the appropriate monitoring of wood-fired systems up to 70 kW.

1. The specialist unit prepares and maintains the noise pollution registers for the national and cantonal roads, while the municipalities do so for the municipal roads.

2. The Civil Engineering Office prepares multi-year plans with the involvement of the specialist unit for submission to the federal authorities and the remediation projects for national and cantonal roads for public disclosure. It is responsible for the implementation of the measures.

3. The municipalities report their planned remediation projects to the Civil Engineering Office for inclusion in the multi-year plan. They submit the remediation projects to the specialist unit for review. To obtain federal contributions, the municipalities submit the reviewed remediation projects to the Civil Engineering Office.

1. The Department of Infrastructure, Energy, and Mobility is responsible for implementing noise protection measures for existing buildings in connection with railway noise remediation. It may delegate these powers, in whole or in part, to its agencies.

1. Before the competent municipal authority grants exemptions for the remediation of a noise-causing existing stationary installation pursuant to Article 14 of the Noise Abatement Ordinance, it shall make the documents publicly available in the municipality.

2. The procedure for making the documents available shall follow the regulations on the submission of building applications. During the public availability period, objections can be submitted in writing and with justification to the competent municipal authority.

1. If the municipality, within the framework of a neighborhood plan procedure or a building permit procedure, intends to allow exceptions to the prohibition of development for small areas of building zones where planning values are not adhered to, it shall obtain the approval of the competent authority before the neighborhood plan or the building application is publicly disclosed.

1. The delegation of specific tasks in the enforcement of the ordinance on the protection of the public from health-endangering sound effects and laser radiation to the specialist agency takes place at the request of the municipalities or if compliance with the regulations cannot be ensured in any other way.

2. The specialist agency charges the costs for inspections and special services to the organizers. Other costs incurred at the specialist agency are generally to be borne by the municipality.

1. The government regulates the responsibilities for the implementation of federal legislation on chemicals by the cantonal authorities in a separate decree.

1. Contracts by municipalities and waste management associations regarding the disposal of combustible municipal waste in out-of-canton incineration plants require approval by the government to be valid.

2. The government generally limits the approval to a period of five years.

1. The importation of more than 2000 tons of combustible waste per supplier and per year from outside the Canton of Graubünden for incineration in the waste incineration plant (WIP) Trimmis requires approval from the competent authority.

2. The operator of the WIP Trimmis must submit an application for approval as soon as it is determined or can be assumed that a supplier will reach the threshold amount of 2000 tons per year. If the waste is not transported by rail, the application must explain why rail transport is not possible.

1. Information on the type and quantity of waste generated during the execution of a project, as well as its disposal (disposal declaration, disposal concept) must be submitted on a special form.

2. In building applications for projects on properties contaminated with waste or pollutants, the disposal concept must also indicate the contamination of the soil and the excavated material, as well as their intended disposal.

3. The municipal building authority verifies whether the proposed disposal of construction waste meets the requirements and orders a legally compliant disposal if necessary. This review generally takes place before the issuance of the building permit.

4. In complex cases, the building authority has the disposal concept assessed by the specialist department.

1. The Office for Food Safety and Animal Health executes Articles 4 - 6 of the Ordinance on Beverage Packaging.

1. Vehicles are defined as motor vehicles within the meaning of the Federal Act on Road Traffic, as well as non-motorized vehicles such as bicycles and trailers.

2. Vehicles are considered as disused if they are permanently no longer used as intended. Vehicles that are no longer serviceable and whose repair to a lawful condition would incur costs exceeding the value of the repaired vehicle are also considered disused.

1. If decommissioned vehicles or individual components, particularly tires, are left standing outdoors on public or private land, the municipality shall request the owner to dispose of them in accordance with the law within a reasonable period. If the municipality remains inactive, the request shall be issued by the competent authority.

2. If the request is not complied with, the municipality shall inform the competent authority. The authority shall then set a final deadline for disposal, simultaneously threatening a penalty and substitute performance at the owner’s expense. If the deadline expires unused, the competent authority shall order the substitute performance and transfer the costs to the owner.

3. If the owner cannot be identified or is insolvent, the costs shall be transferred to the municipality.

4. The obligation to dispose of the items ceases to apply if the decommissioned vehicles or individual components are not considered waste.

1. Larger composting facilities are considered to be installations with a treatment capacity of more than 100 tonnes per year.

1. Municipalities report to the competent authority any sites contaminated with waste, as well as sites likely to be contaminated, which have not yet been recorded in the register.

1. The building authority shall examine each building application to determine whether the proposed project involves any interventions in properties listed in the register of contaminated sites.

2. If a site listed in the register is affected, the building authority shall submit the application to the competent specialized agency before making it publicly available. The agency shall, within three weeks, assess whether the documentation is sufficient to evaluate the project in accordance with Article 3 of the Contaminated Sites Ordinance. If additional information is required, the municipality shall return the building application for supplementation.

3. The approval of the specialized agency for the building permit is granted in accordance with Articles 33 and 34.

1. Shooting Ranges for Shooting at 300 m, 50 m, and 25 m, as well as Hunting Shooting Ranges with Fixed Targets, must be operated with homologated Bullet Trap Systems according to the State of the Art. The State of the Art is defined by the Federal Guidelines for Artificial Bullet Trap Systems of 300 m, 50 m, and 25 m Shooting Ranges.

2. The Gaps between the Individual Bullet Trap Boxes must be closed with Steel Plates covered with Polyethylene. On the outermost Bullet Trap Boxes, an additional Steel Plate with Polyethylene Covering, 1 m in width, must be installed.

3. Small Caliber Ranges must be operated with Closed, Emission-Free Bullet Trap Systems.

4. Boar Shooting Ranges must be operated with homologated Bullet Trap Systems.

5. Tilt-Phase Ranges must be operated with Special Bullet Trap Systems. The Pre-Bullet Trap Area must be equipped with an Impenetrable Base at least 2 m in width. The Ranges must be covered and constructed with a Back Wall.

6. Rolling Rabbit and Clay Pigeon Ranges may only be operated with Non-Polluting Ammunition and Target Objects.

1. The operators of shooting ranges are responsible for the maintenance and upkeep of the artificial bullet trap systems. They shall ensure that the work is carried out professionally and in an environmentally appropriate manner. In this process, the manufacturer's specifications must be observed.

2. On the uncovered areas of side trap installations, especially on the paved area in front of the bullet trap area, the shot must be collected after each shooting exercise, temporarily stored in a closed container, and disposed of in accordance with legal requirements. The plastic wads from the shotgun cartridges must also be collected regularly and disposed of in accordance with legal requirements.

3. In rabbit roll and clay pigeon installations, the clay pigeon fragments and plastic wads from the shotgun cartridges must be collected regularly, but at least once a year, and disposed of in accordance with legal requirements.

4. The operators of side trap, rabbit roll, and clay pigeon installations must submit an operational regulation to the competent authority by December 31, 2020, and have it approved by the competent authority.

1. Prior to the installation of artificial bullet trap systems, it must be clarified with the competent authority at an early stage whether the location requires remediation under contaminated site law. In such cases, it must be ensured that the site is remediated simultaneously with the installation or that a future remediation of contaminated sites is not significantly impeded by the construction project. The construction project requires the approval of the competent authority.

1. The municipalities report any closed shooting ranges to the competent authority.

**1. Contributions are made for the rail transport of municipal waste within the canton to the waste incineration plant (WIP) Trimmis, if the municipal waste has originated in the canton or its disposal at the WIP Trimmis occurs with the consent of the government.**

**2. If significant quantities of other waste, such as construction waste or industrial and commercial production waste, are transported mixed with municipal waste, the contributions may be reduced.**

1. The following documents must be submitted to the specialized office by the end of March each year

a) * Quantity directory of municipal waste transported by rail to the KVA Trimmis in the previous year;

b) * Directory of the routes taken as per letter a.

c) * ...

2. The specialized office may request a compilation of the costs of rail transport.

3. ...

4. ...

1. The funds provided by the Grand Council within the framework of the budget are distributed proportionally based on the quantity of municipal waste transported by rail and the distance weighted according to the RhB tariff, and are paid out to the waste management associations or the respective supporting organizations.

a) * ...

b) * ...

2. By the end of November of the current calendar year, the specialist department makes an advance payment of 80 percent of the estimated contributions to the associations or the supporting organizations.

3. The specialist department disburses the contributions according to the final settlement by the end of June of the following calendar year.

4. The cantonal contribution amounts to a maximum of three-quarters of the actual costs of rail transport for an association or supporting organization (including costs for pre- and post-transports).

1. Contributions may be allocated to innovative projects if it can be expected that the projects will provide a quantitatively or qualitatively demonstrable contribution to the conservation of natural resources or the reduction of environmental pollution.

2. The conservation of natural resources includes the sustainable management of raw materials and foodstuffs, including drinking water, as well as the closing of material cycles.

3. The reduction of environmental pollution is assessed by taking into account the impact on water bodies, soil, air quality, noise, vibrations, radiation, and changes in the genetic material of organisms.

4. Applications are to be directed to the competent authority.

1. The municipality submits the construction application documents (including the location data sheet) for installations with non-ionizing radiation to the specialized agency immediately after the application is received. Any objections to the project must also be submitted to the specialized agency, provided they concern the application of federal environmental protection and water protection legislation.

2. The specialized agency evaluates whether the installation complies with the regulations for protection from non-ionizing radiation. It communicates the results of its evaluation to the municipality; if necessary, it proposes conditions and stipulations.

1. For constructions and facilities outside of construction zones that require the review of the Department of Economic Affairs and Social Services (BAB directive), the consultation of the specialist authority takes place within the framework of the BAB procedure.

2. The Department of Economic Affairs and Social Services transmits the specialist authority's assessment to the municipality together with the BAB directive.

1. If the issuance of a municipal building permit requires the approval of the specialized agency (Art. 13 para. 1, Art. 25 para. 2, Art. 42 para. 2, Art. 48 para. 1 and Art. 52 para. 2 KUSG), the municipality shall send the building application documents and any other necessary documents to the specialized agency upon receipt of the application. Article 22 is reserved.

2. Any objections to the project must also be submitted to the specialized agency if they concern the application of federal environmental protection or water protection legislation.

3. If an additional BAB decision is necessary, the documents must be submitted via the Office for Spatial Development.

1. The specialist authority issues its approval or rejection in the form of a decision. It sends this decision to the municipality for delivery to the applicants and any objectors. If an additional BAB decision is necessary, the specialist authority forwards its decision to the authority responsible for the BAB decision for transmission to the municipality.

2. The municipality usually delivers the specialist authority's decision simultaneously with the building permit.

3. If a project requires, in addition to the specialist authority's approval, a permit under the federal water protection or environmental protection legislation, the approval may be granted within this permit.

1. Applications for a construction permit for a landfill must be submitted to the municipality along with the necessary application documents.

2. The procedure for granting the permit is governed by the regulations for issuing water protection permits related to a construction application, according to the cantonal Water Protection Ordinance.

1. Applications for an operating permit for a waste facility must be submitted to the municipality for forwarding to the specialist authority, accompanied by the necessary application documents.

2. The specialist authority shall grant the operating permit if, based on a concept of the technical and organizational measures for the operation of the facility, the environmentally sound disposal of waste is ensured and the legal requirements are met.

1. The staff members of the specialist office are required to report all violations of the environmental protection and water protection legislation, which they become aware of in the course of their official duties, to the Office for Nature and Environment. Criminal offenses must be reported to the Cantonal Police.

1. As long as the register of contaminated sites is not yet available, the municipal building authority shall submit all building applications to the specialist department that pertain to sites known to it or the municipal council as contaminated or likely contaminated.

1. The settlement of transportation cost compensations for the year 2015 shall be governed by the previous law.

1. Settlement of the Outstanding Cantonal Contributions under Article 23 of the Financial Equalization Act (FAG) Shall Follow the Previous Law.

1. The spaces equipped with wood piles or other materials in existing artificial bullet trap systems must comply with the requirements pursuant to Article 23a, paragraph 2

a) after the completion of remediation of contaminated sites before resuming shooting activities;

b) during major maintenance or repair work on the artificial bullet trap systems such as complete or partial replacement of the artificial bullet trap systems, relocation of the artificial bullet trap systems, or replacing the granulate;

c) when the wood piles rot or there are other impediments to the functionality of the spaces;

d) when the spaces are completely open, or when the closed area is less than 90 percent of the total area.

2. Existing artificial bullet trap systems with wood piles or other similar materials in the spaces, which are located on remediated contaminated sites, must be replaced by December 31, 2024, at the latest.

3. In hunting shooting facilities that are already equipped with artificial bullet trap systems, the minimum width of the peripheral steel plates according to Article 23a, paragraph 2 is 50 cm.

4. Tipping phase systems, which are already equipped with a special bullet trap system, may continue to operate without a roof and back wall until December 31, 2030, at the latest.

1. This regulation shall enter into force with the Introductory Act to the Federal Act on Environmental Protection (Cantonal Environmental Protection Act, CEPA) of December 2, 2001.