Introductory Act to the Federal Act on the Protection of Waters (EGGSchG) (EGGSCHG)

1. This law ensures the enforcement of federal law concerning the protection of waters. It specifically regulates the distribution of responsibilities between the canton and the municipalities.

1. The canton implements the federal water protection law, insofar as this law does not declare the municipality responsible for its execution.

2. The government council designates a water protection specialist office within the meaning of Article 49 paragraph 1 of the Federal Act on the Protection of Waters (Water Protection Act, WPA).

3. It issues ordinances and guidelines as far as they are necessary for the implementation of federal law and this law.

1. If the municipalities have not regulated otherwise in their legislative decrees, the competent authority of the municipality is the municipal council.

2. The municipalities shall take the necessary measures for the protection of waters within their territory. They are obliged to enforce and monitor their own orders as well as those of the federation and the canton.

3. The municipalities

a. verify compliance with protective measures and usage restrictions in groundwater and spring water protection zones,

b. prepare the general drainage plan (GDP) and maintain the settlement drainage register,

c. issue regulations regarding settlement drainage,

d. establish and operate the public sewer network and wastewater treatment facilities,

e. ensure the conservation and promote the restoration of the natural water cycle and aquatic habitats, insofar as the canton is not responsible,

f. ensure and finance wastewater disposal for their municipal area.

4. The competent cantonal authority may delegate certain powers within its jurisdiction to municipalities if they have the necessary qualifications.

5. The municipalities are authorized to form municipal associations for the fulfillment of water protection tasks and the operation of facilities, and to transfer the corresponding responsibility to them.

1. The competent authorities may involve third parties for the enforcement of water protection laws, particularly for control and monitoring.

1. The Competent Cantonal Authority

a. conducts surveys on the state of water bodies which are necessary for the enforcement of water protection legislation,

b. prepares the required registers,

c. ensures the monitoring of water bodies.

1. The canton informs the public regularly about water protection, the condition of the waters, the measures taken, and their effects.

1. The authorities and official bodies of the canton and municipalities ensure that water bodies are preserved and improved as habitats for native animal and plant species, as well as landscape elements.

2. For existing facilities and water uses that cause significant pollution to water bodies or substantially impair the natural water cycle, the competent authority examines possible improvements and, if necessary, orders remediation measures.

1. The discharge of unpolluted and polluted wastewater into a body of water requires approval from the competent cantonal authority.

2. The discharge of unpolluted wastewater into a stormwater drainage system requires approval from the municipality.

3. Unpolluted wastewater that is continuously generated may only be discharged into a wastewater treatment facility in exceptional cases. Such discharge requires approval from the competent cantonal authority.

4. The municipalities shall maintain a register of discharges.

1. The infiltration of polluted wastewater requires authorization from the competent cantonal authority.

2. The authority responsible for granting authorization for the infiltration of unpolluted wastewater is

a. for surface infiltrations and infiltrations through the active humus layer (infiltration basins): the municipality,

b. for underground infiltration systems (infiltration shafts): the competent cantonal authority,

c. for operations subject to the planning approval procedure under federal labor legislation, as well as in particularly vulnerable areas: the competent cantonal authority.

3. Municipalities maintain a register of infiltration systems.

4. The competent cantonal authority issues guidelines on the infiltration of unpolluted wastewater.

1. The competent cantonal authority divides the cantonal territory into water protection areas and presents the result in a water protection map.

**1. Holders of Public Groundwater Abstractions**

a. obtain the documents required for the designation of groundwater protection zones and submit them to the competent cantonal authority for review and approval,

b. acquire the real rights to secure the protection zones.

**2. The Competent Cantonal Authority**

a. orders the establishment of groundwater protection zones and issues the associated usage restrictions and protection measures,

b. records the groundwater protection zones as public-law property restrictions in the land register at the holder's expense,

c. may impose additional protection measures and usage restrictions to ensure the water quality in the wider catchment area of drinking water abstractions.

**3. The Municipalities**

check the compliance with the imposed usage restrictions and protection measures and are responsible for ensuring the quality of drinking water.

1. The government council designates groundwater protection areas that are significant for the future utilization and replenishment of groundwater resources, and imposes the necessary protective measures.

2. Groundwater protection areas are to be recorded in the land register by the competent authority as public-law restrictions on property ownership.

1. In particularly vulnerable areas, approval from the competent cantonal authority is required for

a. the construction or alteration of buildings and structures,

b. excavations, earth movements, and similar works.

1. The granting authorities must obtain a statement from the competent cantonal authority when extracting gravel, sand, and other materials.

1. Within a wastewater management catchment area, municipalities coordinate their general drainage plans (GDP) with each other and align them with the drainage plan of the municipal association.

2. The competent cantonal authority approves the general drainage plan for the settlement area, as prepared by the municipality.

3. The findings that arise during the development of the GDP and the resulting requirements must be continuously implemented in urban drainage.

1. The Regulation on Settlement Drainage, which is to be drafted by the municipality, governs the areas specified by the Government Council in the Water Protection Ordinance.

2. The regulation may be voluntarily submitted to the competent department for preliminary examination before being enacted. The preliminary examination is subject to a fee.

1. Privates can construct and operate wastewater facilities. The projects must comply with the general drainage plan.

2. If the parties cannot agree on the creation or renovation of a private wastewater facility, the municipality can decide to establish a cooperative under public law according to Sections 17 et seq. of the Introductory Act to the Swiss Civil Code and delegate the creation or renovation of the facility to the cooperative.

3. Until the cooperative is constituted, the municipality takes the necessary measures to fulfill the purpose of the cooperative.

1. Wastewater facilities must be properly operated, regularly inspected, and maintained in operational condition by the owners.

2. The competent cantonal or municipal authority issues a remediation order to address deficiencies in wastewater facilities and wastewater treatment facilities.

1. Projects for wastewater facilities and wastewater treatment plants require approval from the competent authority.

2. The competent authority for project approval is

a. for wastewater treatment plants, stormwater tanks (special structures), and association pipelines: the competent cantonal authority,

b. for municipal facilities and pipelines, for private wastewater pipelines, as well as for household connections: the municipality.

c. ...

3. If expropriation must be requested for the construction of a wastewater facility, then, in deviation from section 2b, the project must be approved by the Council of State in all cases.

1. A public objection and consultation procedure must be conducted for projects involving the construction of new wastewater facilities or significant modifications to existing ones. The public consultation can be waived if all interested parties have given their written consent to the project.

2. The projects must be clearly marked at the site. They must be publicly announced by the municipality and made available for inspection and for raising objections for a period of 20 days. Objections must be submitted in writing and with reasons to the authority specified in the public announcement before the end of the consultation period.

3. The authority responsible under § 20 shall decide on the objections and on the approval of the project.

1. Holders of industrial and commercial enterprises shall ensure that as little wastewater as possible is produced and that it is as minimally contaminated as possible.

2. Wastewater, particularly from industry and commerce, must be pretreated if

a. the conditions for discharge into the sewage system cannot be met,

b. the wastewater affects the sewage systems and wastewater treatment facilities,

c. the discharge into the sewage system or public wastewater treatment facility causes excessively high costs, or

d. significant damage to the affected water system is expected.

3. The competent cantonal authority may mandate the pretreatment or treatment of wastewater.

4. Projects for such wastewater pre-treatment facilities and wastewater treatment facilities require the approval of the competent cantonal authority.

1. The competent cantonal authority monitors the compliance with the water protection regulations in agriculture. For farms with livestock, it particularly oversees the utilization of farm manure as well as the condition and operational capability of the roughage silos and storage facilities for farm manure.

2. The government council issues directives on the reduction of the permissible livestock manure units per hectare in accordance with Article 14, Paragraph 6 of the GSchG.

3. The competent cantonal authority

a. reduces the permissible livestock manure units per hectare on a case-by-case basis, as required by soil load capacity, altitude, and topographical conditions,

b. prescribes the storage facilities necessary for the operation's farm manure and sets the deadline for remediation,

c. decides on changes to the customary management area,

d. approves the manure acceptance agreements,

e. may require additional information in manure acceptance agreements and determine a longer minimum duration than stipulated in federal law,

f. conducts fertilizer advisory services to implement Articles 14 and 27 of the GSchG.

4. The manure provider is obligated to inform the competent cantonal authority of significant changes in the conditions for the manure acceptance agreements.

1. The competent cantonal authority enforces the regulations on land management and soil protection.

1. The canton coordinates, promotes, and supports the regional protection of water bodies.

2. For sustainable water management, the municipalities aim for a regionalization related to the respective water system for water supply and use, as well as wastewater management.

1. In the supply and use of water as well as in wastewater disposal, the load limits of the bodies of water must be taken into consideration.

1. If the municipal and regional measures taken to protect bodies of water are insufficient, the Council of State shall order additional measures for the bodies of water themselves or in their catchment areas.

2. The canton may participate in the costs incurred as a result.

1. The competent cantonal authority organizes the damage services. The damage services take immediate measures in the event of endangerment or contamination of a body of water.

2. The competent cantonal authority may require facilities, which pose a significant threat, to operate their own damage service.

1. Anyone who causes water pollution or creates a condition that could lead to water pollution must immediately report to the Lucerne police.

2. The perpetrator must take the necessary immediate measures to prevent, contain, and remedy the damage.

3. If necessary, the competent authority shall take the required measures. The perpetrator shall bear the incurred costs. The Water Protection Ordinance regulates the cost-bearing if the perpetrator is unknown.

1. The competent cantonal authority organizes the water protection police.

1. The costs of wastewater disposal and the use of bodies of water as recipients are financed according to the polluter pays principle.

1. The municipalities fully finance their net expenses for wastewater disposal in accordance with the polluter pays principle and as a special financing through contributions and fees, which are to be specified in the regulation on urban drainage.

2. The municipalities may stipulate in their regulations that fees may be reduced to prevent social hardship cases.

3. If fees are reduced for social reasons, the fee reduction must be cost-neutral and may not be covered by general tax funds.

4. The government council sets a maximum rate for the fees; if the necessary fees exceed this maximum rate, the municipalities are entitled to resort to general tax funds for financing.

1. The expenses of the canton for the monitoring of water bodies and water protection measures are generally charged according to the polluter pays principle.

2. The expenses of the canton that cannot be charged according to the polluter pays principle are to be financed through general state funds.

1. The competent cantonal authority imposes a levy if more animals are kept on an agricultural holding or a livestock farm than are allowed under the provisions of water protection law according to

a. the limits in force from November 1, 1997, to the end of 2005, and

b. the balanced nutrient budget or guideline values in force from January 1, 2006.

2. The levy per excess livestock manure unit amounts to 500 francs, and in cases of recurrence, 1000 francs.

3. The levy is to be paid by the animal holder.

4. The payment of the levy does not entitle further violations of water protection regulations.

5. The levies are to be used purposefully for water protection.

1. For the levies and fees in accordance with §§ 31 et seq., there exists a statutory lien on the relevant properties that takes precedence over other liens without being recorded in the land register. This applies to construction cost contributions for a period of ten years, annually recurring fees for a period of two years, and the costs of enforcement measures according to Article 53 of the Federal Water Protection Act for a period of two years, each from the due date.

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. To ensure compliance with the conditions and requirements attached to a permit, the permitting authority may require an appropriate security (such as obtaining insurance, a bank guarantee, a deposit, etc.).

2. For the costs of a substitute performance, there exists a statutory lien on the property where it must be carried out, which takes precedence over other liens in rank, without entry in the land register, for a period of two years from the due date of the cost order.

1. Insofar as the GSchG or this law refers to expropriation, the Cantonal Expropriation Act of June 29, 1970, is authoritative.

1. A fine of up to 20,000 Swiss Francs shall be imposed on anyone who

a. does not comply with individual orders issued pursuant to this law,

b. fails to fulfill the reporting obligation in the event of water pollution as outlined in § 29.

2. The penal provisions of the federal government remain reserved.

1. Appeals against decisions regarding contributions and fees are permissible under the terms of the Administrative Justice Act of July 3, 1972, and against the decisions on such appeals, an administrative court appeal is permissible. The Cantonal Court is also entitled to carry out discretionary control.

2. ...

3. Appeals against planning decisions made by the competent authority may be brought before the Government Council. The Government Council makes the final decision.

4. Appeals against other decisions made by the competent municipal and cantonal authorities may be brought before the administrative court.

1. The municipalities shall prepare a general drainage plan in accordance with an urgency plan from the competent cantonal authorities. For the municipalities in the catchment area of Lake Sempach, Lake Baldegg, Lake Hallwil, and Lake Zug, the deadline for preparing this plan is five years from the date of the enactment of this law.

2. They shall issue a regulation on settlement drainage that complies with the new law within three years from the date of the enactment of this law.

1. Compensations required to be made by the canton according to the Introductory Act to the Federal Water Protection Act of May 14, 1974, until the new law comes into force, are subject to the provisions of the old law.

1. The following laws are amended according to the annex

a. Law concerning the Introduction of the Swiss Civil Code of December 10, 1907, in the Canton of Lucerne, of March 21, 1911,

b. Introductory Law to the Federal Law on Environmental Protection (EGUSG) of March 6, 1989,

c. Law on the Use of Groundwater of September 14, 1965,

d. Law on Water Construction and Hydropower (Water Construction Law) of January 30, 1979,

e. Water Supply Law of September 20, 1971.

1. The Introductory Law to the Federal Water Protection Act of May 14, 1974, is hereby repealed.

1. The law is subject to an optional referendum.

2. The governing council determines the commencement.