Act on Water, Soil and Waste (GWBA) - Subject Matter (RWP)

1. This Law governs water engineering, water use, water protection, urban water management, soil protection, the remediation of contaminated sites, and waste management.

1. The law applies to all public and private waters, soils, and contaminated sites within the territory of the canton.

2. It regulates waste management in the canton.

3. Federal legal provisions and more specific cantonal law are reserved.

1. Water and soil must be managed economically.

2. The planning, execution, and operation of structures and facilities related to hydraulic engineering or water management aim for a long service life and consider the necessary renewal cycles.

3. In other respects, the federal legal principles and protection objectives apply.

1. If a project requires various permits, coordination of these permits must be ensured.

1. The canton promotes regional, supra-regional, and inter-cantonal cooperation in the areas governed by this law.

1. Bodies of water are public unless private ownership can be demonstrated.

2. Public bodies of water include, in particular

a) rivers (Aare, Emme, Birs), streams, and lakes;

b) groundwater reserves;

c) larger springs, especially if they are significant for public water supply or commercial use.

3. Reserved are private rights to public bodies of water as well as private springs, including private groundwater reserves considered equivalent. Such reserves are those restricted to one or a few properties (Art. 704 of the Swiss Civil Code).

1. Sovereignty over public waters belongs to the canton.

1. The office maintains a cadastre of the public waters.

2. The entry in the cadastre does not have a constitutive effect.

3. The cadastre is open for inspection.

1. Matrimonial Rights are existing private rights to waters later declared public.

2. Matrimonial Rights may be expropriated for reasons of public interest and against full compensation according to § 13.

1. Property owners are obligated to tolerate the flow of existing watercourses.

2. They must tolerate the temporary use of their land necessary for water construction and maintenance, against full compensation for any damage caused thereby. They must be notified in advance of any major work.

3. They must tolerate excavations, observations, and investigations by the canton or by holders of a permit or concession who perform a task in the public interest, after prior notification, against full compensation for any damage caused thereby.

1. Landowners shall be compensated for usage restrictions in accordance with the principles of substantive expropriation.

1. The provision of services for the conservation and maintenance of biotopes is governed by nature conservation and heritage protection law.

2. Agricultural operators have the right to compensation for disadvantages associated with usage restrictions and protective measures in the watercourse area, provided these are not compensated elsewhere and are not economically sustainable.

3. The responsibility for costs is governed by §§ 127 paragraph 2 and 128 of the Planning and Building Act of December 3, 1978.

1. The expropriation is to be carried out within the framework of the land use planning procedure according to the Planning and Building Act of December 3, 1978. The provisions on expropriation in the Act on the Introduction of the Swiss Civil Code of April 4, 1954, and the Ordinance on the Expropriation Procedure of October 28, 1954, apply subsidiarily.

2. The government council can grant the right of expropriation to enterprises serving the public interest.

3. For hydropower plants with an output of less than 300 kilowatts, the cantonal expropriation law is applicable.

1. The Department conducts surveys of cantonal interest on

a) hydrological conditions;

b) the state of surface and ground waters;

c) water management in settlements and its economic aspects;

d) other matters related to water construction, water use, and water protection.

2. The municipalities conduct additional surveys necessary for their concerns. They communicate the results to the Department.

1. The provisions of this chapter apply to all surface waters and their banks, including sections laid in the ground.

2. The second correction of the Jura waters does not fall under this law.

1. The maintenance of water bodies, planning and building regulations, and hydraulic engineering measures serve to protect people, animals, and significant property values from harmful effects of the water (flood protection).

2. The natural state of water bodies and their banks is to be preserved and, where possible and appropriate, restored to a near-natural condition.

3. ...

1. The Department shall draft, in collaboration with the relevant cantonal specialist offices, a water management plan as a basis for directional and utilization planning concerning

a) the sections of water bodies and shoreline areas that are to be upgraded according to a priority list to be developed;

b) the areas that are to serve as flood zones or retention basins;

c) the sections of water bodies and shoreline areas for which flood protection measures are to be taken according to a priority list to be developed;

d) the safety to be achieved by means of earthworks;

e) measures that are significant for sediment balance management.

1. Bodies of Water and Their Banks Must Be Designed in Such a Way That

a) they can serve as habitats for a diverse array of animal and plant life;

b) rich, site-appropriate bank vegetation can thrive;

c) a varied stream or riverbed with different flow conditions and distinctly shaped banks can be created;

d) they enable the connection of habitats;

e) the interactions between surface and underground waters are ensured.

2. Exceptions are possible in developed areas.

3. Special consideration must be given to the preservation and promotion of floodplain areas and bank vegetation.

1. Outside of the settlement area, new constructions and facilities permitted under federal law must be executed in the water space in such a way that they are as inconspicuous as possible and integrate naturally into the stream, river, or lake landscape.

2. As building materials, natural materials should be used to the extent possible.

1. Bodies of water or individual sections of water bodies shall generally be enhanced through spatial planning measures or in connection with maintenance activities and infrastructural renovation works.

2. ...

1. The watercourse area shall be determined using land-use planning instruments.

2. In the watercourse area required by federal law, at least the usage restrictions according to the Water Protection Ordinance (GSchV) of 28 October 1998 apply.

3. A general obligation to remove applies to structures and facilities built within the watercourse area after the entry into force of the revision of 5 September 2017. If any changes are made to the watercourse in the public interest, the owner must make all necessary adjustments at their own expense.

4. Neither the canton nor the municipality shall be liable for any damage caused by flooding to structures and facilities located within the watercourse area.

1. Permits Required Under Federal Law for Use in the Waterbody Area

The local building authority issues permits required under federal law for uses within the construction zone, and the department issues them for other areas.

a)* ...

b)* ...

c)* ...

d)* ...

2. ...

1. Exception permits for the removal of riparian vegetation (Art. 22 para. 2 NHG) are issued by the Department.

2. Riparian vegetation on public land may extend with the trunks up to the neighboring border and with the branches up to 2 meters beyond it.

1. The canton and the municipalities ensure, through their structural and land use planning, free access to and walkability of the shorelines, insofar as this is possible with reasonable effort.

1. Jurisdiction and Procedure for the Implementation of Planning and Building Law Provisions are Governed by the Regulations of Planning and Building Law.

1. The maintenance of water bodies serves to keep the water body, its bed, banks, and hydraulic structures in the required condition or to restore them to that state.

2. If the maintenance of water bodies is insufficient, the required condition must be maintained or restored through spatial planning measures or, if necessary, hydraulic engineering.

1. The person who has the duty to provide maintenance must draft a plan for it.

2. Hydraulic engineering measures are generally to be designed.

1. The department issues guidelines for the proper and particularly nature-oriented fulfillment of tasks.

1. Maintenance and hydraulic construction measures on public waters are regulated by the Government Council.

2. Provisions in permits and concessions requiring the entitled parties to maintain the watercourse within a specified section remain reserved.

1. To the extent it lies within their territory, the government council can generally assign the maintenance of public waters to the municipal authorities. On a case-by-case basis, it may also impose upon them the execution of hydraulic engineering measures.

2. Upon application, the government council can also entrust other public or private legal entities with the maintenance or execution of hydraulic engineering measures on public waters.

3. Applications from municipal authorities are decided by the department.

1. Maintenance and water engineering on private waters are the responsibility of the owners.

2. Water engineering measures that may affect the catchment area, water flow, or water level conditions of public waters require the approval of the Government Council.

1. The owners are required to maintain their structures and installations in and on public waters.

2. They may agree with the canton to transfer the structure or installation, provided that they compensate for future maintenance costs. If they simultaneously transfer a shoreline strip of adequate width, the obligation to compensate is waived.

3. Provisions to the contrary in public-law contracts, permits, and concessions are reserved.

1. Anyone who abandons their property is obligated to dismantle artificially created bodies of water, as well as buildings and structures, if this is necessary.

2. Costs incurred because maintenance and security obligations were neglected before the abandonment of the property must be reimbursed to the new maintenance obligors.

1. Secondarily, the obligations pursuant to §§ 40 to 42 primarily apply to those who draw benefits from the body of water or the building or installation, and secondarily to those who have constructed them or have succeeded to their rights.

1. The execution of hydraulic engineering measures on public waters and the maintenance concepts require the approval of the Department.

1. If the canton carries out maintenance measures, the government council allocates the costs to the canton and the municipalities that benefit from them. The canton bears at least one quarter of the total costs.

2. If water maintenance is delegated in accordance with § 39 paragraph 1, the canton provides the obligated municipality with contributions in the form of lump sums per linear meter of implemented measures, which are determined by the government council.

3. ...

4. ...

5. ...

1. The costs of hydraulic engineering measures are determined by the Cantonal Government.

2. The canton covers a share of 30 percent of the total costs. If federal contributions and any contributions from third parties cover more than 60 percent of these costs, the canton’s share is reduced to the extent that the municipalities benefiting from the measures are left with a share of 10 percent.

3. For measures that meet the requirements for the natural state of bodies of water according to § 18 and comply with the watercourse area, the benefiting municipalities carry 10 percent of the total costs. The canton bears the costs remaining after deducting federal contributions and any contributions from third parties.

1. ...

1bis. In the case of delegations pursuant to § 39 paragraph 2, the provisions of §§ 45 paragraph 2 and 45bis shall apply mutatis mutandis. In the case of § 39 paragraph 3, the department shall allocate the costs.

2. If inadequate maintenance or hydraulic engineering leads to significant additional expenditure, the negligent parties shall bear the costs thereof, deviating from §§ 45 and 45bis.

3. For land improvement enterprises, state contributions shall be determined according to the regulations governing the land improvement sector.

1. To finance enhancement measures for bodies of water, entities referred to in § 91 may impose a surcharge of up to 10 percent on wastewater fees.

1. Anyone who intends to extract water in significant quantities from public surface waters or springs for private purposes or based on marital rights,

a) must notify the Department in advance in a timely manner, and

b) requires a permit if public interests may be affected.

2. Furthermore, the following are subject to a permit requirement

a) the use of water power;

b) the use that results in a physical, chemical, or biological alteration of the water;

c) the utilization of groundwater resources.

1. Anyone who intends to relocate or alter the outflow of a private body of water requires a permit if the following are affected

a) the needs of multiple individuals;

b)* the preservation of soil fertility within a larger area;

c) the water level or flow of a public body of water in a significant manner;

d) the territory of another canton.

1. The authorization may be refused or made subject to conditions and stipulations if there are overriding public interests.

2. Sections 56 et seq. shall apply mutatis mutandis.

1. Permits pursuant to § 48 are issued by the department, whereas those pursuant to § 49 are issued by the government council.

1. The use of aboveground public waters is free within the scope of common use.

**1. Authorization Requirement for Extra-Communal Use of Public Waters**

1. Anyone who uses public waters beyond the communal use, but not equating to a special use, requires an authorization. This particularly applies to

a) Temporary significant water withdrawals from surface waters;

b)* Extraction of groundwater in the water protection areas A_u or Z_u for the purpose of temporarily lowering the groundwater level;

c)* The construction and modification of structures and installations of minor importance on cantonal land of surface waters or below the average groundwater level in the water protection areas A_u or Z_u.

2. The Department may grant exceptions from the authorization requirement for certain areas and uses. Such enactments are published in the cantonal official gazette.

1. Anyone who uses public waters intensively and permanently requires a concession. This particularly applies to

a) the use of hydropower;

b) the permanent significant extraction of water from surface waters;

c) the use of public groundwater resources and public springs;

d)* the construction and alteration of structures and facilities of more than minor importance on canton-owned land of surface waters or below the average groundwater level in water protection areas A_u or Z_u;

e) the extraction of gravel and other materials to a significant extent;

f) the use of water for heating or cooling purposes.

1. The Government Council may, under special circumstances, temporarily restrict the use of public waters without compensation and allocate the water for other urgent needs. Corresponding decisions of the Government Council are announced through publication in the cantonal official gazette.

1. There is no legal entitlement to the granting of a license or concession.

1. The competent authority may refuse the permit or concession or grant it under terms and conditions, particularly if

a) the intended use of the water body contradicts overriding public interests, especially a natural enhancement;

b) an impairment of existing rights or already approved uses, notably of facilities in the public interest and their expansion, is to be feared;

c) among several applications, preference should be given to another because the project better protects public interests.

1. The concession authority may reserve a participation in the enterprise by the canton and local municipalities as decided by the Cantonal Council (§ 71).

2. If the canton does not exercise this right, the authority must still consider requests from local municipalities for adequate participation.

1. The approval or concession authority determines the content and limits of the approval or concession while safeguarding public interests.

1. Future federal and cantonal law shall remain reserved in relation to any permit and to the concession only if no vested rights are opposed.

2. Older legally valid claims of third parties shall not be affected by more recent permits or concessions.

1. The authorization is granted for a limited or unlimited period.

2. The concession shall be limited to a period of 10 to 80 years. It may be renewed.

1. If the use of water is permanently impaired by public works that alter the watercourse, and the loss cannot be avoided by adapting the work to the changed watercourse without disproportionate costs, the holder of the permit or concession shall be entitled to compensation. The authority carrying out the works shall determine the compensation upon request.

2. If the use of water is temporarily hindered or interrupted by construction and maintenance works, the holder of the permit or concession shall not be entitled to damages, unless the works are unnecessarily delayed.

3. If the use of water is made impossible or impeded by external events or the actions of third parties, there shall be no entitlement to damages from the state.

1. Licenses and concessions shall transfer to the heirs upon the death of the entitled parties. The heirs are required to report the transfer to the Department.

2. The transfer of the license or concession to third parties requires approval from the licensing or concession authority. Such approval may only be denied if there are overriding public interests against it or if the acquirer cannot guarantee the fulfillment of the obligations associated with the license or concession.

**1. The Approval or Concession Termination**

The approval or concession shall expire with the lapse of its duration, explicit renunciation, destruction of the facilities, forfeiture, revocation, and through repurchase, provided the latter has been reserved.

**2. Declaration of Forfeiture by Authority**

The approval or concession may be declared forfeited by the approving or conceding authority if the entitled parties, despite written warning

a) miss the deadlines imposed on them by the approval or concession, particularly for proof of financing or for the construction and opening of the operation;

b) interrupt the operation for two years and do not resume it within an appropriately set deadline;

c) repeatedly or in a serious manner violate important obligations.

**3. Revocation and Amendment of Approval or Concession**

Concerning the revocation and amendment of the approval or concession, the Law on Legal Protection in Administrative Matters (Administrative Justice Act) of November 15, 1970, shall apply.

1. If a facility is no longer used after the expiration of the permit or concession, its holder is obligated, at their own expense, to take the necessary measures for the decommissioning or dismantling of the facility as well as for the restoration of the original state of the water body; any differing provisions in the permit or concession remain reserved.

2. These measures must be carried out in agreement with the department.

1. The usufructuaries are obligated to maintain facilities and works, to which there is a right of reversion, in operational condition.

2. If the canton wishes to exercise its right of reversion, the concession authority shall notify the usufructuaries at least five years in advance.

1. The relationship among the users entitled to use a public water body or a section of a water body is regulated by the authorization or concession authority within the authorization or concession.

2. The authority may, in particular, require the entitled users to jointly utilize the water or to permit third parties to use their facilities against compensation.

3. Holders of concessions are entitled to compensation for any damage incurred as a result thereof. The canton may seek recourse against the beneficiary.

1. Subsequent Disputes Among Entitled Parties Over Usage are Resolved by the Government Council or the Department if it has Granted the Permit or Concession.

1. The Cantonal Council decides on concessions for the use of water power with a maximum installed capacity of 10 megawatts or more.

2. The Executive Council decides on

a) the use of water power with a maximum installed capacity of 1 megawatt or more;

b) permanent groundwater extractions with a maximum extraction rate of 10 liters per second or more;

c) permanent water extractions from surface water bodies with a maximum extraction rate of 20 liters per second or more;

d) the extraction of gravel and other materials of 10,000 cubic meters per year or more;

e) the use of water for heating or cooling purposes with a maximum installed capacity of 1 megawatt or more.

3. In other matters, the Department is competent.

1. The Government Council or, if the Department has granted the concession, the Department shall implement the Federal Act on the Utilization of Hydraulic Power of December 22, 1916, insofar as its implementation is entrusted to the cantons.

2. The Department performs the tasks that the Confederation has assigned to the canton in connection with ensuring the safety of dam structures.

1. The Cantonal Council decides on the use of water by the canton and on the state's participation in enterprises of private individuals and public entities.

2. The financial authority of the people remains reserved.

1. The increased public use and special use of public waters are subject to fees.

1. For the utilization of public water resources, a water charge is levied at the federally permissible maximum rate. Acquired rights are reserved.

2. The calculation and verification of the gross output of facilities for the utilization of water resources is regulated by ordinance.

1. For all other uses of public waters that require a permit or concession, annual usage fees must be paid.

2. In the case of minor uses, a one-time usage fee is to be levied for the entire duration of the permit.

3. For water withdrawals in the public interest, the fees may be reduced.

1. The Cantonal Council determines the amount and method of calculation of the fees in the Fee Schedule of October 24, 1979.

2. The Government Council regulates the modalities of fee collection. Deviating provisions in permits and concessions remain reserved.

1. The Government Council shall regulate the implementation of the Federal Act on Inland Navigation of October 3, 1975, and issue supplementary cantonal law regarding navigation in an ordinance.

1. The department maintains a register of authorized and licensed uses as well as recognized permanent rights to bodies of water.

2. The entry in the water rights register does not have a constitutive effect; however, it creates the presumption that the right exists to the extent recorded.

3. To determine rights not yet officially known, the department may order a summons procedure with the consequence of forfeiture.

1. The protection of water bodies includes the preservation and, where necessary, the restoration of surface and groundwater in terms of both quantity and quality.

2. Special legislation applies to the damage service.

1. Provisions for the Protection of Waters

The provisions for the protection of waters, together with the relevant regulations concerning urban water management, aim to ensure the enforcement of federal law on water protection. They specifically regulate the tasks and powers of the enforcement authorities and private individuals and designate the competent bodies.

1. The Department is the cantonal specialized agency for water protection (Art. 49 para. 1 sentence 1 of the Water Protection Act).

2. It enforces the provisions concerning the protection of waters, insofar as this law or the ordinance does not explicitly designate another authority as competent.

1. When other cantonal authorities make decisions on matters of water protection, they must first obtain the opinion of the Department.

1. The department and the police authorities exercise the water protection police (Art. 49 GSchG). They cooperate and, if necessary, involve the Office for Forests, Hunting, and Fisheries.

2. The motor vehicle control authority verifies compliance with federal regulations on the construction and equipment of vehicles for the transport of dangerous goods, as well as the federal and cantonal regulations concerning ships.

1. The municipalities implement the provisions regarding the protection of waters within the framework of planning and construction law as well as the tasks delegated to them.

2. They designate groundwater protection zones (Art. 20 GSchG) of local importance.

3. They authorize

a) Infiltration and discharge of unpolluted wastewater, insofar as the ordinance permits them to do so, and

b) Installations that breach cover layers (Art. 32 Sec. 2 Lit. b GSchV) in the water protection area Au, insofar as they lie within the construction zone.

4. They construct and operate the public buildings and facilities for the infiltration of unpolluted wastewater.

5. They monitor compliance with the regulations in the groundwater protection zones and areas.

1. Carriers as defined in § 91 may request the delineation of groundwater protection zones from the local municipality or the department.

2. As part of the application procedure for federal contributions under Article 62a of the Water Protection Act of January 24, 1991, for the reduction of substances in groundwater, they have the following tasks in particular

a) they prepare the contribution applications and disburse the compensations to the entitled parties;

b) they advise farmers on reducing runoff and leaching of substances;

c) they agree on the measures to be compensated with those affected and monitor their compliance.

1. Rainwater should, if possible, be allowed to infiltrate on the property or, where sensible, be collected and used for purposes that do not require drinking water.

2. Infiltration of uncontaminated wastewater requires a permit, with the exception of small quantities infiltrated over the surface. The requirement for a permit to discharge such wastewater into a surface water body is governed by federal law.

3. Insofar as the municipal authorities issue this permit (§ 83 para. 3 letter a) or such a permit is not required, no additional cantonal permit under § 53 paragraph 1 letter c is necessary.

1. Geothermal Probes Require Approval from the Department.

1. Manure storage facilities require water protection law approval.

2. The government council sets the maximum nutrient load per hectare in accordance with Article 14 paragraph 6 of the Water Protection Act of January 14, 1991.

1. Contributions to economically unsustainable measures in agriculture for the prevention of runoff and leaching of substances are provided in addition to the federal contributions under Article 62a of the Water Protection Act of January 24, 1991.

a) to reduce substances in groundwater: the entities (§ 91) responsible for water supply;

b) to reduce substances in surface waters: the canton.

1. The Government Council issues regulations concerning facilities with water-hazardous liquids. It particularly governs the procedures for authorization and reporting requirements, the state of the art, the professional requirements for individuals who perform the work, and their obligations.

1. Settlement Water Management ensures the provision and delivery of drinking, service, and firefighting water (water supply), as well as the environmentally sound disposal of wastewater and sewage sludge (wastewater disposal).

1. Carriers of Settlement Water Management (Carriers) are municipalities and other organizations that construct and operate water supply and wastewater facilities in exchange for contributions and fees.

1. The canton, the operators, and third parties as defined in § 99 cooperate to ensure an efficient settlement water management.

1. The Department shall develop a concept of urban water management with the involvement of the stakeholders and update it periodically.

2. The Concept

a) presents the condition of the Solothurn waters and the status of urban water management;

b) compares this condition with the objectives of water protection and water management;

c) establishes the further course of action if necessary; due consideration shall be given to the stakeholders of urban water management, the regions of the canton, and inter-cantonal cooperation.

1. The municipal water management must be financially self-sustaining. Those who receive services shall bear the costs. § 120 is reserved.

2. The municipal water management is to be designed sustainably.

**1. The Settlement Water Management is a responsibility of the local municipalities; differing existing conditions and paragraph 2 remain reserved.**

**2. The Department is responsible for:**

a) the development of regional plans (REP, RWP) with the involvement of the carriers;

b) the issuance of water protection-related permits for wastewater treatment plants, small treatment facilities, and special structures such as stormwater tanks, pumping stations, or culverts;

c) the issuance of water protection-related permits for groundwater extraction;

d) orders and inspections concerning the discharge of polluted wastewater into the sewage system in accordance with Annexes 3.2 and 3.3 of the Federal Water Protection Ordinance of October 28, 1998;

e) the supervision of the implementation of relevant federal regulations.

1. The municipal authority may transfer the management of settlement water systems or parts thereof to other public law entities or private law legal entities with majority public ownership. In any case, supervision remains the responsibility of the municipal authority.

2. Existing delegations to private parties are reserved.

1. Municipalities and existing entities may transfer tasks related to urban water management for larger regions to a joint entity.

2. Where such an entity exists, the canton may also delegate tasks of water maintenance and hydraulic engineering to it, upon request.

1. All entities are fundamentally equal to the municipal communities concerning their rights and obligations.

2. However, for the development planning in accordance with the Planning and Construction Law of December 3, 1978, the municipal community remains responsible even when tasks related to urban water management are delegated. Furthermore, it is responsible for issuing regulations pursuant to § 109 paragraph 2 and § 121, if the entity is not an association of municipalities within the meaning of the Municipal Law of February 16, 1992. Otherwise, the Municipal Law applies.

1. The carriers may engage third parties for services and, in particular, for the operation of facilities.

1. Carriers may enter into service provision contracts with each other at cost-covering prices.

2. If carriers join together, they shall establish a legal entity under public law or a legal entity under private law with a majority ownership by the public sector.

3. Both forms of cooperation require approval by the Executive Council.

1. Adjacent entities shall coordinate their planning as well as the construction and operation of their municipal water management facilities.

2. Entities with permanent capacity surpluses are obligated to supply neighboring water utilities with water, when needed.

3. If municipal water management in the sense of § 90 is no longer ensured, entities shall

a) plan, construct, and operate joint facilities, or

b) merge pursuant to § 100 paragraph 2, or

c) adopt another suitable form of cooperation.

1. The Governing Council may mandate the cooperation of the carriers pursuant to § 101. It shall regulate their modalities and the distribution of costs, insofar as no agreement is reached on these matters.

1. The Government Council may grant subsidies from the revenues according to § 165 for the establishment and promotion of entities that fulfill tasks related to urban water management for larger regions, as well as for the planning and construction of necessary facilities.

1. The Government Council ensures the establishment of inter-cantonal cooperation.

1. If special measures by several parties are required to ensure an adequate water supply in a limited, hydrologically connected area, the Department, in cooperation with these parties, shall prepare a Regional Water Supply Plan (RWP). This plan is binding for local land-use planning.

1. The requirements for the drinking water supply in emergency situations are governed by federal law. The Executive Council shall issue the necessary implementing provisions.

**1. Planning by the Authorities for Their Jurisdiction**

The authorities shall prepare a plan for their jurisdiction for the benefit of the municipalities and periodically revise it. This plan must be coordinated with the other land use planning and the development program of the municipalities, as well as with regional plans. Furthermore, § 101 paragraph 1 applies.

1. The entities are obligated to create the legally required facilities and ensure the management of urban water supply. Exceptions include interruptions due to force majeure and maintenance work.

2. If property owners create such facilities themselves pursuant to the Planning and Building Law of December 3, 1978, the entities, together with the building authority, oversee their planning, construction, and maintenance.

3. The entities are not obliged to fulfill major water supply orders if this would involve significant expenditures that would have to be borne by the other recipients of the services.

1. Facilities must be expertly planned, constructed, and operated. The operational safety and readiness of the facilities must be ensured in the long term.

2. The operators shall prepare a technical regulation to be submitted to the government council for approval. § 98 paragraph 2 applies in this context.

3. The supply of drinking water is subject to the provisions of the federal food legislation.

1. The authorities ensure a responsible handling of natural resources.

2. In the event of extraordinary drought, they impose the necessary restrictions and inform the department. Primarily, the need for drinking water for the population, industrial water for the economy, and irrigation water for agriculture must be met.

1. The operators shall prepare a register of public and private facilities, which is to be continuously updated.

2. They shall retain the implementation plans of the facilities.

3. The updated register shall be periodically communicated to the department.

1. The government council may urge the entities to fulfill their duties. If they do not fulfill their duties or if they request the government council to do so, the council shall provide for a substitute at their expense.

2. The facilities constructed by the canton are the property of the entities.

1. Federal law applies to the obligation to connect to wastewater disposal services.

1. Within the building zone, all constructions requiring water must be connected to the public water supply facilities. Deviating regulations of the local municipalities are reserved.

2. Outside the building zone, the obligation to connect applies, provided that the connection is appropriate and reasonable.

3. Exceptions to the obligation to connect may be granted for buildings that, at the time of development, are already supplied with water from other facilities that meet legal requirements.

1. If buildings located outside the construction zone are either mandatorily or voluntarily connected, the responsible entity (§ 91) may determine the connection point as well as the routing and sizing of private connection lines in such a way that they allow for additional connections of third parties. Otherwise, the provisions of the Planning and Construction Act of December 3, 1978, regarding private development facilities shall apply.

2. Any additional costs arising from the routing and sizing of lines as specified in paragraph 1 are to be advanced by the responsible entity.

1. Property Owners and Users are required to pay contributions and fees for municipal water management in accordance with the following provisions.

1. The Financing of Settlement Water Management

a) Property owner contributions;

b) One-time connection fees;

c) Recurring usage fees (base and consumption fees);

d) Contributions from the federal government, the canton, and third parties.

1. The provisions of the Planning and Construction Law of December 3, 1978, as well as the Cantonal Ordinance on Landowner Contributions and Fees of July 3, 1978, are applicable.

1. The operators levy charges that cover costs and are based on the polluter pays principle to finance the settlement water management.

2. They prepare a full-cost accounting for the calculation of the charges. In particular, the necessary provisions based on the replacement value and lifespan of the facilities must be established, taking into account any contributions from the federal government and the canton towards maintaining the value of the facilities.

1. If cost-covering and polluter-pays principle charges would endanger environmentally sustainable wastewater disposal, then it may be financed differently to the extent necessary.

2. In water supply, deviations from the principle of self-sustaining financing or the polluter-pays principle are permissible under the conditions of § 161 paragraph 2 of the Municipal Act of February 16, 1992.

3. Deviations must be disclosed by the responsible body and will only be approved by the Government Council if the body demonstrates with which measures it will return to compliance with the assessment principles within a reasonable period.

1. The carriers shall issue a regulation concerning the contributions, in which the calculation method and rates are regulated. The regulation shall be submitted to the government council for approval.

2. § 98 paragraph 2 applies.

1. This chapter regulates the introduction of federal legislation concerning land, contaminated sites, and the remediation fund for contaminated sites.

1. The Department enforces the Ordinance on Soil Contamination (VBBo) of July 1, 1998, and the Ordinance on the Remediation of Contaminated Sites (AltlV) of August 26, 1998, as well as the cantonal legal provisions of soil and contaminated sites law.

1. The department records the natural properties of agriculturally and forestry-used soils and maintains them in a publicly accessible register.

1. The department compiles and maintains a register of contaminated soils in accordance with the VBBo. The map of soil removal assessment perimeters is public.

2. ...

1. Contaminated Sites are included in a publicly accessible register according to Article 32c, paragraph 2 of the Federal Act on Environmental Protection (EPA) of October 7, 1983.

2. The Government Council regulates the procedure, the establishment, and the publication of the register.

1. In the land register, the note "contaminated site" is entered for properties on which a site listed in the register of contaminated sites is located.

1. Competent Authority for Ensuring Cost Coverage and Approval According to Art. 32dbis of the Environmental Protection Act (USG) is the Department.

2. ...

3. ...

1. Anyone who intends to build on or remove existing structures from a property that is listed in the register of contaminated sites or the directory of contaminated soils, or where there is suspicion of soil or subsoil contamination, must investigate the property for pollutants.

1bis Prior to the investigation, the investigation program must be submitted to the building authority for comments to the department.

1ter The department orders the investigation. The investigation shall also provide proof of compliance with Article 3 of the Ordinance on the Handling of Waste from Buildings (AltlV) dated August 26, 1998.

1quater Should substantial amounts of contaminated material be excavated, a disposal plan must be developed based on the investigation.

2. The department evaluates the investigation results and approves the disposal plan based on them.

3. The building authorities issue building permits concurrently with the department's assessment of the investigation results and the approval of the disposal plan.

1. The canton imposes charges on waste disposed of

a) in an incineration plant or

b) in a landfill.

1. Charges are levied at the waste incineration plants and landfills or directly by the municipalities, insofar as they dispose of their municipal waste in facilities that are not subject to the levy obligation.

2. The charges paid are to be passed on according to the polluter pays principle.

3. The provisions regarding the collection of waste charges are limited until the end of the year 2040 and will then lapse without replacement.

1. The incineration of sewage sludge and the disposal of incineration residues from waste incineration plants subject to a levy are exempt from the levy.

2. The government council may enter into agreements with other cantons regarding waste deliveries across the cantonal border and may exempt waste from the levy if such waste is already subject to a levy in the canton of origin.

3. The government council waives the collection of the levy on out-of-canton waste.

4. The government council may refund up to 90 percent of the levy exceeding 600 Swiss Francs per employee per year for enterprises whose burden from the levy to the contaminated sites fund exceeds this amount.

1. The fees are calculated based on the weight of the delivered waste.

2. The fee amounts to 15 Swiss Francs per ton of delivered waste for incineration plants and 5 Swiss Francs per ton of delivered waste for Type E landfills.

3. If the framework conditions change significantly, particularly through the increase or reduction of federal levies or through substantial changes in the levy rates in neighboring cantons, the Council of State may decide to adjust the fee within the range of 5 to 25 Swiss Francs.

1. Facilities considered as waste incineration plants are those in which primarily municipal waste is burned.

2. Waste in landfills of type E is subject to fees. Exempted are incineration residues from waste incineration plants that are subject to fees.

1. Obligated waste facility operators and municipalities shall submit the statistics of the waste quantities from the previous year to the office by the end of January each year.

2. The competent office shall bill the fee in advance on a semi-annual basis based on the expected waste quantities.

3. The final accounting shall be conducted annually

a) For waste incineration plants, based on the actual delivered weight at the end of the year;

b) For landfill sites of Type E, based on the actual deposited weight at the end of the year.

4. The obligated parties shall provide the office with all necessary documents and evidence required for verifying the information. The office is entitled to conduct inspections.

1. If waste is disposed of in out-of-canton facilities, the municipalities can agree with the facility operators that they pay the fee directly.

2. The agreements must be submitted to the office for approval.

1. This chapter governs the introduction and enforcement of federal legislation on waste, implements the principles of Article 114 paragraphs 3 and 4 of the Constitution of the Canton of Solothurn dated June 8, 1986, and regulates the distribution of responsibilities.

1. Exempt are radioactive waste and the disposal of animal carcasses, provided that these are subject to animal disease legislation.

1. The department prepares the waste management plan.

2. The draft of the waste management plan is submitted to interested parties for comments.

3. The waste management plan is adopted by the government council.

1. Municipalities shall regulate their tasks in regulations that must be submitted to the department for approval.

2. Municipalities may join together for the joint fulfillment of these tasks.

3. Municipalities shall inform and advise on waste prevention, disposal of municipal waste, biogenic waste, household hazardous waste, and construction waste. The office shall support the municipalities.

1. For the disposal of municipal waste, the local municipalities shall establish regulations that levy fees on the polluters based on the amount of waste. They may cover the remaining disposal costs through a basic fee. The total revenue from the fees may not exceed the cost of disposal.

2. The cantonal assessment commission adjudicates complaints against waste fees.

1. The department may stipulate the method of managing certain types of waste in a binding manner if it is technically feasible and economically viable, thereby reducing environmental impact. If necessary, it may order in individual cases which waste must be directed to a specific facility, and may particularly obligate sales outlets to establish waste collection devices.

2. Holders of facilities for the treatment, recovery, or disposal of waste are obligated, within the scope of their assigned mandate, to accept properly offered waste from generators within the canton.

1. The disposal of municipal waste is the responsibility of the municipal communities.

2. The municipal communities plan, establish, operate, and maintain the public facilities and services necessary for the collection and disposal of waste.

3. For mass events and occasions subject to the hospitality legislation, the competent authorities include conditions on the avoidance and disposal of waste in their permits.

4. The building authorities may impose conditions in the building permit regarding the establishment of facilities for the separate collection of waste.

5. The municipal communities annually compile publicly accessible directories with the data on the quantities of municipal waste in their area and submit these to the department.

1. The department is the competent authority for the enforcement of the Ordinance on the Traffic with Waste (VeVA) of June 22, 2005.

2. The municipal communities ensure that the following are collected and disposed of separately

a)* Special waste from households;

b)* Non-business-specific special waste up to 20 kg per delivery from enterprises with fewer than 10 full-time positions.

3. They ensure the provision of the necessary infrastructure to fulfill paragraph 2, particularly for the establishment of collection points. If necessary, they also ensure the conduct of regular collections.

1. The Executive Council shall determine by ordinance the manner of disposal of decommissioned vehicles and entrust the department with the execution thereof.

1. The municipalities are responsible for the execution of the disposal of construction waste.

2. ...

3. ...

1. The department enforces the regulations concerning waste, insofar as the enforcement is not delegated to the municipalities.

1. The establishment and operation of a waste facility require a permit from the canton. Municipal collection points for municipal waste are exempted.

2. The canton may associate a service contract with the permit and obligate the facility to accept and properly handle certain types of waste from a specified area.

1. The department enforces the regulations concerning waste incineration plants, landfills, intermediate storage facilities, composting facilities, and other waste facilities, and in particular assesses the environmental impact of a waste facility on behalf of the permitting authorities.

2. The competent permitting authorities of the canton and the municipalities are obliged to obtain the opinion of the office before granting a permit.

3. Operational permits are issued by the department.

1. The governing council may create public facilities itself if a municipality, unable to do so, requests it or if a municipality is in default despite being given a deadline.

2. In such a case, the municipality must bear the same costs as if it had created the facilities itself.

3. The facilities constructed by the canton are the property of the municipality.

4. For the disposal of special waste, the governing council may establish and operate cantonal facilities and services, mandate their use, and levy fees for them. Similarly, it may also participate in facilities and services of third parties.

1. The canton may reach agreements with the operators of landfills stipulating that it assumes their responsibilities for standard aftercare as well as contingency aftercare. In return, it demands compensation that covers the anticipated costs of standard aftercare and allows for the establishment of the necessary reserves to address contingencies (landfill aftercare fund).

2. Standard aftercare specifically includes

a) the maintenance and replacement of structural facilities;

b) the maintenance and replacement of installations for treating emitted solid, liquid, and gaseous substances;

c) the monitoring of material flows.

3. The assumption of contingency aftercare results in the canton

a) assuming liability for damages caused by the landfill;

b) ensuring at its own expense that the necessary measures to prevent and remedy the consequences of a damage event are taken. The assertion of claims for damages is subject to the Liability Law of June 26, 1966[51].

4. The Governing Council regulates the details of determining and paying the compensation, the management of the fund, as well as the additional services of the parties in agreements with landfill operators and landowners.

1. To the extent that the law does not reserve the issuance of implementing provisions to the Cantonal Council, the Executive Council shall issue the necessary ordinances for its execution.

2. ...

3. The Department shall implement this law, insofar as no other authority is designated as responsible. It shall supervise public waters as well as the construction, operation, and maintenance of facilities, and issue directives for the fulfillment of tasks.

4. The supervision of drinking water quality is the responsibility of the cantonal food control.

1. The persons entrusted with enforcement and supervision are authorized to enter and inspect bodies of water, waterfronts, or facilities at any time.

2. They are to be provided with the necessary information and the required documents.

1. For the delegation of tasks under this Act to private entities, the legislation on performance-oriented public administration shall apply.

1. Enforcement shall be governed, subject to the following provisions, by the Act on Legal Protection in Administrative Matters (Administrative Procedure Act) of November 15, 1970.

1. Anyone who violates this law, its implementing regulations, or enforceable orders issued based on it, and thereby impairs the condition or function of public waters, is obligated to restore the lawful condition, irrespective of any criminal proceedings.

2. The Planning and Construction Act of December 3, 1978, is applicable to orders from the competent authority regarding the restoration of the lawful condition.

3. If restoration does not appear expedient when weighing public interests, the competent authority shall determine substitute measures in the amount of the estimated restoration costs.

1. The enforcement authorities shall levy fees for orders, inspections, services, and other measures under this Act based on the polluter pays principle. The specific provisions regarding fees in individual chapters of this Act remain reserved.

1. The fees and water rents to be paid for the use of water bodies, as well as the revenues from shipping taxes and waste charges, shall be used for

a) Measures for water construction and maintenance, water protection, the formation and promotion of regional entities pursuant to § 103, as well as for the cantonal enforcement of water law;

b) Contributions according to the cantonal energy legislation[55].

c)* Necessary measures for the investigation, monitoring, and remediation of contaminated sites

1. The cost share borne by the canton when the polluter cannot be identified or is insolvent (Art. 32d para. 3 of the Environmental Protection Act [56]);

2. 35 percent of the costs when a site needs to be treated where a significant portion consists of deposited municipal waste;

3. Costs that the canton must bear according to Article 32d paragraph 5 of the Environmental Protection Act of October 7, 1983;

4. Costs that the canton must pay as the polluter;

d)* 100 percent of the remaining costs after deducting federal compensations for necessary measures for the investigation, monitoring, and remediation of contaminated sites at shooting ranges in the Canton of Solothurn, which do not serve primarily commercial purposes and where no waste has been deposited since December 8, 2014, if

1. after remediation, the soil at the site can be used without restrictions;

2. the canton itself carries out the measures or commissions third parties to do so;

3. in justified exceptional cases, such as construction projects, the owner carries out the necessary measures themselves with the approval of the competent department.

e)* Contributions to promising innovative procedures and facilities for the reduction, purification, and utilization of wastewater;

f)* Costs of substitute performance pursuant to the Ordinance on the Storage and Disposal of End-of-Life Vehicles[57], if the owner of a vehicle or scrap cannot be identified or is insolvent;

g)* Surveys pursuant to § 131.

2. ...

3. ...

4. The use of the earmarked funds shall be reported annually in the business report.

1. The competent authority may require the applicant to provide security and proof of financing.

2. The security serves as a guarantee for compliance with conditions, for the restoration of lawfulness upon expiration of the permit or concession, for all financial obligations to the canton arising from the underlying decision, as well as for the violation of superior rights of third parties.

3. Third parties may only claim the security once the claims of the canton are satisfied.

1. The canton is entitled to the establishment of a legal lien for all claims arising from licenses and concessions pursuant to § 284 letter f of the Law on the Introduction of the Swiss Civil Code dated April 4, 1954.

2. In favor of the canton, the municipalities, and entities as defined in § 91, a statutory lien exists without entry in the land register, which takes precedence over any registered encumbrance, for legally enforceable claims based on the Federal Act on the Protection of the Environment of October 7, 1983, or the Federal Act on the Protection of Waters (Water Protection Act) of January 24, 1991, arising from

a) the disposal of waste;

b) the preliminary investigation, detailed investigation, preparation of a remediation project, remediation, or monitoring of contaminated sites;

c) security and remedial measures.

1. Legal protection is governed by the laws on legal protection in administrative matters (Administrative Procedure Act) of November 15, 1970, and on judicial organization of March 13, 1977 or, where applicable, by planning and building law or the Municipal Act of February 16, 1992.

2. Private law objections against applications for the issuance of a permit or concession are adjudicated by the civil court.

1. Any person who intentionally or negligently violates this law, its implementing provisions, or an order issued pursuant thereto, or who leaves or throws away waste in a public space, shall be punished with a fine of up to 5,000 Swiss Francs, and in the case of a repeated offense, up to 20,000 Swiss Francs.

2. Articles 6 and 7 of the Federal Act on Administrative Criminal Law of March 22, 1974, shall apply.

1. Violations due to the leaving or discarding of waste in public spaces (§ 169 paragraph 1) can be penalized in a simplified procedure with fines.

2. The maximum limit for fines is 300 Swiss Francs.

3. The government council establishes the list of violations to be penalized with fines, determines the amount of the fines, regulates the payment, and designates the authorities authorized to impose fines.

4. The procedure is governed by the Federal Ordinance Offenses Act of June 24, 1970.

1. This law and its implementing regulations apply to all existing legal relationships, provided that no vested rights are infringed.

1. Upon the enactment of this law, first-instance pending proceedings shall be assessed according to the new law.

2. Pending appeals shall also be assessed according to the new law, unless overriding private interests require the application of the old law.

1. If a municipal community failed to fulfill the obligations of water maintenance or hydraulic engineering according to the Law on Water Rights of September 27, 1959, prior to this law coming into force, and significant additional expenditure arises as a result, it shall bear the costs thereof.

1. For existing water uses that have not yet been reported, approved, or licensed (Sections 48 ff. and 53 ff.), a permit or license must be obtained from the competent authority or a notification must be made to the department within two years from the entry into force of the law.

2. The obligation to pay fees begins with the entry into force of the law.

1. Carriers within the meaning of § 91 shall adjust their contribution regulations (§ 121), as necessary, to the provisions on the financing of settlement water management within two years from the entry into force of the law.

1. The following decrees are repealed

a) the Law on Water Rights of September 27, 1959;

b) the Law concerning the Implementation of the Federal Law on the Utilization of Water Power of March 29, 1925;

c) the Cantonal Council Ordinance concerning the Implementation of the Federal Law on the Utilization of Water Power of July 21, 1925;

d) the Cantonal Council Ordinance on the Calculation of the Water Fee of September 13, 1989;

e) the Cantonal Ordinance on Waste of February 26, 1992.

1. ...

I'm sorry, but could you please provide the specific text or article you need translated into English? I'll be happy to assist once I have the details.

1. The remaining funds in the Wastewater Fund upon the enactment of this revision, in accordance with the previous §§ 122 ff., shall be credited to the equity capital and utilized pursuant to § 165.

1. The funds remaining in the Contaminated Sites Fund upon the enactment of this revision pursuant to §§ 137 et seq. shall be credited to the equity capital and used in accordance with § 165.

1. The funds remaining in the account for financing measures for the disposal of decommissioned vehicles and scrap pursuant to § 10 of the Ordinance on the Storage and Disposal of Decommissioned Vehicles upon the enactment of this revision shall be credited to the equity and used in accordance with § 165.