Introductory Act to the Federal Act on the Protection of the Environment (EGUSG) - Canton (EGUSG)

1. The canton enforces the federal environmental law, unless the municipalities are tasked with its enforcement.

1. The Government Council has oversight over the enforcement of environmental protection.

2. It issues ordinances as far as they are necessary for the enforcement of federal law and this Act.

3. It designates the competent cantonal authority.

4. It promotes cooperation with other cantons.

1. Unless the municipality has stipulated otherwise in its legislative enactments, the competent authority of the municipality is the municipal council. It designates an environmental protection office.

2. In the case of local environmental issues, municipalities first seek solutions themselves through an informal process.

3. They may be involved by cantonal authorities for fact-finding, inspections, and similar activities.

4. The government council may transfer certain powers to the municipalities if they apply for it and possess the necessary qualifications.

1. Authorities may delegate enforcement tasks of environmental law to private entities, particularly with regard to inspection and monitoring.

1. The competent cantonal authority observes and monitors, according to the requirements of federal law, the condition and development of the environment as well as natural resources, such as air, soil, and water, habitats, and communities of life.

2. Environmental observation serves the early detection of problems, the effective and cost-oriented design of measures for environmental protection, and the success monitoring of measures taken.

3. Environmental observation can be carried out through measurements, surveys, statistical evaluations, model calculations, estimation procedures, and other scientifically recognized methods. The results are recorded in registers, inventories, cartographic works, or reports.

1. The Government Council may commission cantonal authorities to develop concepts.

2. Concepts should demonstrate measures and further proceedings based on the current situation.

3. They are approved by the Government Council and may be declared binding for cantonal authorities.

1. The canton may commission or support research work.

2. It may promote the development of facilities and processes that can reduce environmental pollution, within the limits of available resources, provided this occurs predominantly in the public interest.

3. It promotes measures aimed at encouraging environmentally responsible behavior among the population.

1. The cantonal and municipal authorities periodically inform the public about environmental protection and the state of environmental pollution.

2. The competent authority advises authorities and private individuals. It recommends measures to reduce environmental pollution.

3. The government council regulates the exchange of information.

1. Municipalities ensure in the construction approval process that the regulations on emission limitation for new or modified stationary installations are complied with.

2. They may require an emission statement from the developer.

3. If it is determined or expected that a new or modified stationary installation will cause substantial emissions, the municipalities may require an immissions forecast from the developer before granting the building permit.

4. The government council specifies in the ordinance new or modified stationary installations that cause significant air pollution. Building applications for such installations must be submitted to the responsible cantonal authority for comments.

1. The municipalities are responsible for the inspection of heating systems. § 11 is reserved.

2. In the event of defects in heating systems or other issues, the municipalities shall order the necessary measures.

1. The government council regulates the organization and equipment of the emission control, as well as the training of the emission controllers.

2. The competent cantonal authority shall

a. inspect the combustion systems specified by the government council and order the necessary measures,

b. ensure the further training of the control personnel,

c. supervise the inspection activities in the municipalities,

d. maintain and publish a directory of the companies and persons authorized to conduct emission control in the canton.

1. The municipalities may determine the minimum height of chimneys.

2. The government council may set stricter limit values based on the action plan pursuant to § 13.

1. The government council, in cooperation with the municipalities, prepares the action plan for air pollution control.

2. It ensures the implementation of the action plan and the necessary legal and organizational foundations. It conducts success monitoring.

3. It designates the competent authority for immediately actionable measures and establishes a timeline.

4. The municipalities implement the action plan within their area of competence.

1. The competent cantonal authority may require large emitters, whose facilities have emissions such as nitrogen oxides (NOX) or volatile organic compounds (VOC) that exceed the emission loads specified in the action plan, to reduce pollutant output.

1. If the competent cantonal authority has tightened the emission limits, the holders of emission sources affected by the tightening may form an emission consortium with the approval of the competent cantonal authority.

2. In an emission consortium, the emission of individual plants is not assessed, but rather the total sum of all emissions from the consortium.

3. The competent cantonal authority shall approve the consortium if

a. the total output of the relevant pollutants is at least 15 percent lower than the total allowable emissions of the individual emission sources,

b. the consortium concerns similar types of pollutants,

c. the emission sources are located in a spatial context relevant to air hygiene,

d. the control of emissions is ensured, and

e. the consortium does not lead to an excessive regional concentration of emissions.

4. The authority may withdraw its approval of the consortium if the conditions for it are no longer met.

1. Municipalities take the necessary measures against harmful or annoying noise, insofar as it does not originate from installations within the meaning of the Environmental Protection Act.

2. Subject to § 17, they enforce federal regulations concerning

a. the construction and alteration of stationary installations,

b. building permits in noise-affected areas,

c. soundproofing in new buildings and during major renovations.

3. They submit applications for the approval of the development of construction zones and of construction, design, and development plans in noise-affected areas, as well as applications for approval of the construction or alteration of stationary installations, to the competent cantonal authority for comments.

4. They limit and control the emissions of new or significantly altered installations.

**1. The Competent Cantonal Authority**

a. grants, in individual cases, exemptions for the construction or renovation of stationary facilities and for noise protection in new buildings,

b. approves exceptions for the development of building zones,

c. grants consent for building permits in noise-affected areas, insofar as it is provided for under federal law,

d. tightens the requirements for noise protection in new buildings,

e. assigns the sensitivity levels on a case-by-case basis,

f. enforces federal regulations on the protection of the public from health-endangering noise impacts and laser radiation at events.

**2. It orders the renovation of existing stationary facilities.**

**1. In the construction or alteration of road traffic facilities, the road administration authority ensures compliance with noise regulations. It also carries out the renovation of existing traffic facilities and implements noise protection measures on existing buildings.**

1. The government council shall prepare multi-year plans for roads or sections of roads in need of renovation. The objective is to reduce the noise emissions caused by road traffic facilities to comply with the environmental protection regulations. The multi-year plans and the overall mobility program pursuant to the Road Act of March 21, 1995, must be coordinated with each other.

2. Municipalities shall report municipal roads or sections of roads in need of renovation that are to be included in the multi-year plans.

3. The development and approval of projects for the renovation of roads or sections of roads shall be governed by the jurisdictional regulations applicable to road construction and maintenance.

1. The costs for air pollution and noise investigations and for emission limitations in new or modified road traffic facilities, as well as for renovation and noise protection measures in existing road traffic facilities, shall be borne by the municipalities for municipal roads and by the canton for cantonal roads. Sections 83 and 83a of the Road Act shall apply.

2. In the case of noise protection measures for buildings, the costs for the legally required thermal insulation are excluded from this regulation.

3. The federal contributions to the costs of municipal roads shall be reimbursed to the municipalities according to multi-year plans.

1. The Executive Council is responsible for waste management planning. It provides the affected parties with the opportunity to express their opinions on the planning through a consultation process.

1. The Government Council may, after consulting the parties concerned, designate catchment areas for waste facilities and assign waste to specific facilities.

1. **Municipalities Dispose of Household Waste and Ensure the Establishment and Operation of Necessary Facilities for Their Recovery and Treatment.**

2. Each municipality shall issue a regulation concerning waste disposal. This regulation may be voluntarily submitted to the competent department for preliminary examination before its issuance. The preliminary examination is subject to fees.

3. Municipalities may require holders of household waste to deliver such waste to a specific collection point or facility for recovery or treatment.

4. If the holder of the waste cannot be identified or is insolvent, the municipalities shall bear the disposal costs.

1. The government council shall take the necessary measures for other waste and end-of-life vehicles.

2. The competent cantonal authority shall issue and monitor the permits and measures in the area of hazardous waste.

1. Projects for landfills and facilities for the thermal treatment of waste require approval from the Government Council. This approval simultaneously grants all necessary permits from cantonal authorities, such as those for spatial planning, forestry, transportation, water, road, and water protection laws, as well as expropriation rights pursuant to the Cantonal Expropriation Act of June 29, 1970.

2. The Government Council regulates the approval procedure in the ordinance.

3. If other waste facilities require project approval, this is granted by the municipality.

1. The municipalities are responsible for issuing building permits for landfills and facilities for the thermal treatment of waste.

2. If a municipality unduly delays the decision on the building application after the objection period has expired, the government council, upon request from the applicant, shall set an appropriate deadline for the municipality to issue the decision.

3. If this deadline lapses without action, the government council shall decide on the building application in place of the municipality.

1. Before waste facilities, in which more than 100 tons of waste are disposed of annually, as well as landfills commence their operation, an operational permit must be obtained from the competent cantonal authority.

2. The operational permit is limited to a maximum of five years. It can be extended upon request.

1. The competent cantonal authority supervises the disposal of waste and the operation of waste facilities.

1. The competent cantonal authority grants and monitors the measures for landfill aftercare and stipulates the financial security. It decides on the timing of the termination of the aftercare.

1. Municipalities finance their waste management responsibilities with cost-covering fees, which are to be defined in their regulations on waste disposal and assessed in accordance with the polluter-pays principle. They may cover part of the total costs through a basic fee.

2. The fees are to be assessed in such a way that they cover the total costs of waste management, including the creation, operation, maintenance, expansion, replacement, closure, and aftercare of waste facilities and collection services, as well as public relations and administration, and permit an appropriate return on investment and depreciation of the capital assets.

1. The competent cantonal authority shall decide, after consulting the affected municipalities, on the investigation, remediation requirements, remediation project, remediation and monitoring of landfills and other sites contaminated by waste, as well as on other appropriate measures.

2. The Governing Council shall issue the order regarding the distribution of costs.

1. The canton provides contributions within the available means towards the eligible remediation costs if the remediation is environmentally sustainable and economically viable, conforms to the state of technology, and if

a. the responsible parties are not obligated to cover the investigation and remediation costs under federal law, or

b. * ...

c. a landfill or site needs to be remediated where a significant portion of municipal waste has been deposited.

2. The government council regulates the procedure and the amount of the contributions, as well as the eligible remediation costs.

1. If the responsible parties cannot be identified or are insolvent, the municipalities will bear their share of the eligible remediation costs (shortfall costs).

2. To finance the shortfall costs and the costs that the municipalities themselves, as responsible parties, have to bear, the municipalities will levy a special charge per taxable person (both natural and legal persons). The amount of the special charge will be determined based on the shortfall costs across the entire canton. The imposition of the special charge will be limited until the end of December 2026.

3. The government council shall regulate the details by ordinance.

1. Naturally occurring soil that is removed should, in principle, be reused as soil. It is to be preferred over substitute products.

1. The competent cantonal authority shall order the necessary measures regarding the preservation of soil fertility, the management and use of the soil, as well as the restoration of its usability.

2. The government council shall regulate the procedure and the nature of the measures to the extent necessary in the ordinance.

3. It may delegate the implementation of individual measures to the municipalities.

1. The Governing Council regulates the implementation in the area of environmentally hazardous substances.

2. It regulates the necessary organization and implementation in the area of environmentally hazardous organisms. It may establish an advisory commission.

1. The government council regulates the procedure for implementing measures necessary to protect people and the environment from severe damage caused by extraordinary events, insofar as this is not regulated by federal law.

2. It issues regulations concerning the organization, equipment, training, deployment, and costs of radiation, biological, chemical, and oil defense units (ABC units).

3. It regulates the necessary coordination in the ordinance and designates the reporting office.

1. The necessary measures in cooperation with the police and the competent cantonal authority shall be taken by

a. * in the event of danger or harm to humans or the environment by atomic radiation, the A-Defense (Radiation Defense),

b. * in the event of danger or harm to humans or the environment by biological agents, the B-Defense (Bio-Defense),

c. * in the event of danger or harm to humans or the environment by chemical substances, mineral oil, or fuels, the C-Defense (Chemical and Oil Defense).

2. ...

3. The municipalities undertake the initial response and smaller oil defense operations.

4. Investigative and remediation measures that cannot be carried out by the ABC-Defenses are to be assigned to third parties.

1. The costs for equipment, training, and maintenance of the cantonal bases for ABC units are borne by the canton.

2. The costs for the initial equipment of the local fire departments' oil control units are borne by the canton. The training and maintenance of oil control units, as well as the training of chemical and radiological units of local fire departments, are borne by the municipalities.

1. The responsible party bears the costs of deploying the ABC forces and pays a fee as a contribution to the costs of equipment, maintenance, and training, the amount of which is determined by the government council based on actual expenses.

2. If the responsible party cannot be identified or is insolvent, the municipalities bear their own costs, and the canton bears its costs, provided a base was involved in the operation.

3. The costs of ABC force operations on national and cantonal roads are charged to the canton’s road account if the responsible party cannot be identified or is insolvent.

1. The Government Council regulates the implementation of steering duties as established by federal law.

1. In enforcement, authorities may act through orders, contracts, sectoral agreements, recognition of certification, and similar instruments.

1. The Government Council shall specify in a regulation the timeframe that the cantonal and municipal authorities must adhere to for processing applications, inquiries, and submissions, as well as for preparing statements.

2. In the regulation, it shall establish the sanctions in case the processing time is not adhered to. Possible sanctions, in particular, include

a. organizational measures,

b. disciplinary measures,

c. compensation payments,

d. interpretation of the lack of response as consent.

1. The government council shall regulate the procedure for environmental impact assessments and designate the competent review authority, insofar as permitted by federal law.

2. Unless expressly regulated otherwise, the right to file an objection shall be governed by the Planning and Building Act of March 7, 1989. An administrative court appeal can be filed with the cantonal court only by those who have filed an objection in a timely manner.

3. The government council shall regulate the public disclosure and the time limits of the procedure.

4. Within the framework of the procedure, compliance with cantonal and municipal environmental law shall also be reviewed.

1. The canton and the municipalities charge fees for permits, inspections, and special services under environmental law. The rates are to be established in a fee ordinance.

1. For the disposal of waste in landfills, the owners of a landfill shall pay the canton a fee of up to 1 franc per ton of material. For the disposal of uncontaminated excavation and spoil material, the owners of a landfill or a material extraction site shall pay the canton a fee of up to 50 centimes per ton of material.

2. The Government Council regulates the specifics, particularly the amount of the fees, in an ordinance and takes into account the market conditions for the disposal of waste as well as uncontaminated excavation and spoil material.

1. If the competent cantonal authorities impose public-law ownership restrictions in accordance with Article 962, Paragraph 1 of the Swiss Civil Code of December 10, 1907, these must be noted in the land register.

1. In order to ensure compliance with the conditions and requirements attached to a permit, the permitting authority may require an appropriate security deposit (e.g., insurance coverage, bank guarantee).

2. For the costs of substitutional execution, there exists a statutory lien on the property where it must be carried out. This lien takes precedence over other liens without the need for registration in the land register for a duration of two years from the maturity date of the cost order.

1. A fine of up to 100,000 Swiss francs shall be imposed on anyone who

a. Obstructs or prevents inspections by the competent authorities,

b. Fails to comply with individual orders issued based on this law or the regulations related thereto,

c. As an operator of a disposal facility, breaches the duty of acceptance,

d. Operates a facility pursuant to § 25 paragraphs 1 and 3 or § 27 paragraph 1 without authorization.

2. Attempts and complicity are punishable.

3. In the case of offenses committed in the course of business operations of a legal entity or partnership, the acting officers or partners shall be penalized.

4. The penal provisions of the federal laws remain reserved.

1. Appeals against decisions regarding compensations and fees are permissible in accordance with the Law on Administrative Procedure of July 3, 1972, and against appeal decisions, an administrative court appeal is permissible. The Cantonal Court also has the power to exercise discretion.

2. For all other decisions, the appeal procedure is governed by the provisions of the Law on Administrative Procedure.

1. The municipalities shall issue a regulation on waste disposal, in accordance with the new law, within three years after the enactment of this law.

1. The Introductory Act to the Federal Act on Environmental Protection (EGUSG) of March 6, 1989, is repealed.

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.