Implementing Ordinance to the Federal Act on the Protection of the Environment (Cantonal Environmental Protection Ordinance, VV USG) - Purpose (VV)

1. This ordinance regulates the implementation of federal legislation on environmental protection, with the exception of chemical defense and radiation protection.

2. It specifically governs the division of responsibilities and the financing of measures for environmental protection between the canton and the local municipalities.

1. The Government Council

a. reviews the effectiveness of the measures under the Federal Environmental Protection Legislation and this ordinance and orders the necessary measures (Article 44 USG);

b. can, after consulting the municipalities, declare standards and guidelines from authorities and expert bodies as binding.

2. The Government Council can delegate the execution tasks of this ordinance to third parties by agreement.

1. The competent department oversees the implementation of environmental protection legislation as well as this ordinance and coordinates it among the offices.

2. In urgent cases, it orders the precautionary remediation or the shutdown of installations that do not comply with the federal legislation and this ordinance (Art. 16 EPA).

3. It grants relief if a measure proves to be disproportionate in an individual case (Art. 17 EPA).

4. Within the framework of the state budget credit, it may enlist third parties to assist in the implementation of this ordinance (Art. 43 EPA).

5. It may order the maintenance of registers that provide the necessary information on environmental pollution (Art. 46 EPA).

1. The competent authority enforces the federal environmental protection legislation and this ordinance, unless another enforcement authority or agency is designated by cantonal law or third parties are commissioned with it.

1. The municipal communities execute the tasks directly assigned to them by federal legislation and this ordinance.

2. They may be involved by cantonal authorities in inspections, fact-finding missions, and similar activities within the framework of federal legislation and this ordinance.

3. To fulfill their tasks, they may enter into agreements with other municipalities, form special-purpose associations or other organizations, or engage private parties.

1. The Government Council decides on the environmental compatibility if it is responsible for the facility in the relevant procedure; if another cantonal authority is responsible in the relevant procedure, that authority decides on the environmental compatibility (Art. 9 USG, Art. 5 UVPV).

2. In the event of jurisdictional conflicts, it determines the responsible authority (Art. 5 UVPV).

1. The municipal communities decide on environmental compatibility when the municipal building permit or land use planning procedure is the relevant procedure (Art. 9 of the Environmental Protection Act, Art. 5 of the Ordinance on Environmental Impact Assessment).

1. The period for the assessment of the specifications generally amounts to a maximum of two months (Art. 8 para. 5 UVPV).

2. The period for the assessment of the environmental impact report generally amounts to a maximum of three months (Art. 12 para. 1 UVPV).

1. The cantonal Civil Engineering Office maintains the register for the use of de-icing agents in winter services on national and cantonal roads (Annex 2.7 Sec. 3.3 ChemRRV).

1. The municipal communities maintain a register for the use of de-icing agents in winter road maintenance on municipal roads (Appendix 2.7 Section 3.3 ChemRRV).

1. The competent department orders further measures for reducing soil contamination and preserving soil fertility on affected lands and restricts soil usage (Art. 34 USG, Art. 8 to 10 VBBo).

1. The Executive Council

a. issues the action plan as well as generally binding immediate measures for air pollution control and reviews their effectiveness (Art. 44a USG, Art. 31 to 33 LRV);

b. submits proposals to the Federal Council that fall under the jurisdiction of the federal government (Art. 34 LRV);

c. issues implementing provisions regarding emission controls for combustion plants (Art. 14 lit. a of this ordinance);

d. restricts open-air waste burning (Art. 26a LRV).

1. The Competent Department

a. Tightens emission limits in cases of excessive pollution (Art. 5, 6, and 9 LRV);

b. Grants exemptions (Art. 17 USG, Art. 11 LRV).

1. The Municipalities

a. monitor, in accordance with the Canton’s directives, the compliance with emission limitations, maintain the system registry, and order the retrofitting of combustion plants (Articles 8 and 13 LRV) for

1. Extra light heating oil and gas up to 350 kW,

2. Coal up to 1 MW,

3. Wood up to 70 kW;

b. monitor the prohibition of waste incineration in installations under 350 kW (Appendix 2, Sections 718 and 728 LRV);

c. monitor the restrictions on outdoor waste incineration (Article 26a LRV).

1. The Government Council

a. issues the noise register for national and cantonal roads (Art. 36 and 37 of the Noise Abatement Ordinance);

b. approves the allocation of sensitivity levels with the approval of zoning planning (Art. 44 of the Noise Abatement Ordinance).

1. The Competent Department

a. grants exemptions for the construction of new buildings and significant alterations of buildings with noise-sensitive rooms in noise-polluted areas (Art. 22 USG, Art. 31 LSV);

b. grants leniencies for the construction of new stationary installations (Art. 25 USG, Art. 7 LSV);

c. grants leniencies for the renovation of existing stationary installations (Art. 14 LSV);

d. grants exemptions for the development of construction zones for buildings with noise-sensitive rooms (Art. 30 LSV).

1. The Cantonal Civil Engineering Office

a. orders noise protection measures for existing buildings on national and cantonal roads (Art. 10 and 15 LSV);

b. prepares multi-year plans for renovation measures on national and cantonal roads (Art. 24, 24a and 24b LSV);

c. submits accounts to the Federal Roads Office for contribution assurance (Art. 26 to 28 LSV);

d. monitors the imposed emission limits and noise protection measures on national and cantonal roads (Art. 12, 18, and 35 LSV);

e. maintains the noise register for national and cantonal roads (Art. 37 LSV);

f. periodically monitors noise emissions on national and cantonal roads (Art. 37a LSV).

1. The Municipalities

a. assess compliance with emission limit values in the building permit process (Art. 22 Environmental Protection Act, Art. 31 Noise Abatement Ordinance);

b. examine noise emissions when designating new building zones (Art. 24 Environmental Protection Act, Art. 29 Noise Abatement Ordinance);

c. may require noise forecasts for the establishment of stationary facilities (Art. 25 Environmental Protection Act);

d. impose noise control measures on existing buildings on municipal roads (Art. 10 and 15 Noise Abatement Ordinance);

e. monitor the mandated emission limitations and noise control measures on municipal roads and new buildings (Art. 12, 18 and 35 Noise Abatement Ordinance);

f. may tighten or ease noise control measures on new buildings (Art. 32 Noise Abatement Ordinance);

g. can request information on the sound insulation of external building components (Art. 34 Noise Abatement Ordinance);

h. prepare the noise register for municipal roads (Art. 36 and 37 Noise Abatement Ordinance);

i. determine permissible noise emissions during the construction, alteration, or renovation of a facility (Art. 37a Noise Abatement Ordinance);

k. establish the sensitivity levels in zoning plans (Art. 44 Noise Abatement Ordinance).

1. The Cantonal Police

a. investigates noise emissions at events when there is a suspicion of excessive burden and initiates any necessary measures (Art. 5 and 10 SLV);

b. grants relief from emission limitations if these disproportionately restrict the event (Art. 4 SLV);

c. approves the operation of laser systems at events (Art. 9 SLV).

1. The Government Council

a. issues the waste management plan (Art. 31 USG, Art. 16 TVA);

b. designates collection areas for municipal waste and other waste (Art. 31b and 31c USG, Art. 18 TVA);

c. may issue regulations concerning the further separation of construction waste (Art. 9 TVA);

d. determines the locations of waste facilities and landfills (Art. 17 TVA);

e. approves the regulations for the disposal of municipal waste by the local municipalities (Art. 32a USG);

f. establishes compensatory, cost-covering, and polluter-pays fees after consulting the municipality, if the local municipalities do not adhere to the principle (Art. 32a USG).

1. The Competent Department

a. authorizes the establishment and operation of waste facilities (Art. 30h USG, Art. 19 TVA);

b. supervises the incineration requirement or the thermal treatment of waste (Art. 11 TVA);

c. orders the cessation of waste incineration (Art. 42 TVA);

d. orders the closure of composting facilities (Art. 45 TVA).

1. Municipalities

a. dispose of municipal waste as well as waste from industry and commerce that is comparable to household waste (Article 31b EPA);

b. bear the costs of waste disposal when the responsible parties cannot be identified or when they fail to fulfill their obligations (Article 32 EPA);

c. issue regulations for the disposal of municipal waste with cost-covering and polluter-pays charges (Article 32a EPA);

d. ensure the separate collection of municipal waste and the recycling of compostable waste (Articles 6 and 7 ORA);

e. ensure the incineration or thermal treatment of municipal waste (Article 11 ORA).

1. The Government Council

a. enacts the register of contaminated sites (Art. 32c EPA, Art. 5 AltIV);

b. regulates the procedure for financing the investigation, monitoring, and remediation of contaminated sites in implementing provisions (Art. 27 para. 1 of this ordinance).

1. The municipal authorities shall bear the costs of the investigation, monitoring, and remediation of contaminated sites if those responsible cannot be identified or are insolvent (Art. 32d para. 3 USG).

1. The Competent Department

a. orders supplementary or stricter emission limitations and sets the remediation deadlines (Art. 5 and 8 NISV);

b. approves exceptions when modifying old installations (Art. 9 NISV).

1. The Municipalities

a. take into account the existing facilities that generate non-ionizing radiation when designating construction zones (Art. 16 NISV);

b. may restrict the installation and operation of strong outdoor lighting sources.

1. The canton contributes to the eligible costs that the municipal communities incur for the investigation, monitoring, and remediation of contaminated sites, within the framework of the state budget credit, with a contribution of up to 30 percent.

2. The canton may, within the framework of the state budget credit, grant contributions to third parties if they support the cantonal enforcement through targeted measures.

1. The holders of existing waste facilities pursuant to Art. 21 letter a of this ordinance must apply for a permit for their operations within six months after the entry into force of this ordinance.

1. ...[5]

1. The following are repealed

a. the Implementing Regulation for the Clean Air Ordinance of January 27, 1995;

b. the Implementation Provisions concerning Air Pollution Control Measures for Furnaces of February 12, 1985;

c. the Implementation Provisions related to the Federal Act on Environmental Protection of June 3, 1985;

d. the Implementation Provisions for the Clean Air Ordinance of May 26, 1987;

e. the Implementation Provisions for the Ordinance on Soil Pollutants of October 27, 1987;

f. the Implementation Provisions for the Noise Protection Ordinance of February 26, 1991.

1. The Government Council determines the commencement after approval by the Confederation.