Waste Act (AbfG) (ABFG)

1 This Act governs waste management with the purpose, in aim, scope, and

implementation, and in addition to federal legislation on environmental protection and water protection, to protect humans, animals, and plants, their communities and habitats against harmful or annoying effects, to maintain and improve the quality of air, water, and soil, and to use materials efficiently.

2 This Act notably covers the management of municipal waste, waste from industry, commerce, and service companies, contaminated sites, polluted excavated material, end-of-life vehicles, sewage sludge, and special waste.

3 This Act does not regulate the treatment of wastewater that may be discharged into the sewage system, radioactive waste, animal carcasses, butchery waste, and confiscated goods.

Principles of

1 Waste should be avoided as far as possible.

**2 Unavoidable waste shall be recycled or otherwise recovered in an environmentally sound manner, to the extent that waste management makes this technically possible, economically viable, and environmentally sensible. Recoverable waste is generally collected separately, with suitable waste fermented or decentralised composted. Non-recoverable waste is treated according to the state of the art so that substances suitable for final disposal remain.**

**3 Facilities serving waste treatment shall be constructed, adapted, and operated according to the state of the art and economic viability.**

Cantons and municipalities, when fulfilling their duties, such as the creation of works and the procurement of products and services for the community, shall observe the principles of waste management.

1 The construction of waste facilities and landfills requires a permit

in addition to the building permit, a cantonal permit obligation

under this law. The Government Council designates the facilities subject to this

permit requirement.

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712.1

Waste Act (AbfG)

Tasks

of the Directorate

2 Landfills and incineration plants require a cantonal operating permit. The Government Council may designate other waste facilities that require an operating permit. The operating permit specifies, in particular, the approved types of waste, the input control, the treatment of waste, the job description and training of personnel, and operational control. Conditions for the optimal utilization of scarce capacities, in particular admission restrictions, may be included in the operating permit for landfills. The operating permit is time-limited. If it is reissued, the state of the art and economic viability must be appropriately considered.

3 Permits, including ancillary provisions, may be noted in the land register.

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13 The competent Directorate of the Government Council (Directorate)

shall perform the following tasks

a. It shall take the necessary measures and make the necessary arrangements for the implementation of federal and cantonal provisions, insofar as no other bodies have been declared competent to do so, and shall issue the permits provided for in this Act.

b. It shall promote and coordinate the cooperation between the authorities and private entities involved in the implementation of this Act.

c. It shall issue the technical and organisational instructions and guidelines required for implementation.

d. It shall supervise the municipalities and private entities in the area of waste management, insofar as other Directorates are not competent, and shall monitor the obligations imposed upon them in accordance with federal and cantonal provisions on waste management.

e. It may conclude agreements, in particular, regarding the prevention, reduction, and recovery of waste, regarding the obligation to deliver and take back waste, and regarding the allocation of specific waste to specific waste facilities.

f. It shall fulfill the tasks of the Cantonal Expert Body for Waste Management.

g. It shall advise and inform municipalities and private entities on matters of waste management.

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2

Waste Act (AbfG)

712.1

1 Data Collection

1 The Directorate13, together with the municipalities, procures the necessary data for the execution of this law, such as information on material flows, waste quantities, waste types, and waste origin.

2 Undertakings that generate waste, collect waste, and operate waste facilities may be obliged to provide the necessary data.

3 The authorities shall take into account legitimate interests in the confidential treatment of the data.

1 To remedy an existing or avert an immediately threatening danger to people and the environment, the cantonal authorities shall order the necessary measures.

2 For the monitoring and control of waste facilities, the cantonal authorities may order and carry out measures at the expense of the polluter or the facility owner. For technical controls, qualified private specialists shall be called upon where possible.

3 The authorities shall have access to waste facilities to fulfil their duties. The required information must be provided.

Waste Management

Security, Enforcement, and Control Measures

The authorities may make the permit for measures that could endanger human and environmental performance dependent on adequate security. This security can be for the fulfillment of conditions and requirements, as well as for the costs of damages, final design, and recultivation. Adequate security may also be required for the execution of substitute performance and for safeguarding, control, or coercive measures.

Expropriation

Insofar as private rights conflict with the enforcement of this Act, the Government Council may grant the right of expropriation.

1 The polluter shall bear the costs of clarification and measures required to prevent, contain, and remedy environmental damage, as well as the costs of control and monitoring measures.

2 If the polluter cannot be identified or is insolvent, the state shall bear the costs. Recourse may be taken against third parties who derive significant benefit from state measures.

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712.1

Public

Declaration

Waste Act (AbfG)

The Government Council may declare facilities included in the waste concept as public. With such a public declaration, the obligation to accept certain wastes and to levy appropriate fees can be particularly associated. The Government Council may grant the right of expropriation to publicly declared enterprises. Such enterprises may, in special cases, be granted subsidies according to § 26.

Prohibition of Deposition and Incineration

Terms

II. Waste Treatment

1. Prohibition of Deposition and Incineration

1. Depositing or Leaving Waste Outdoors

is prohibited on public and private land. This applies in particular to disused vehicles, furniture, equipment and their components, as well as products made of metal or plastic.

2. The burning of non-plant waste outside of approved facilities is prohibited.

3. The burning of natural forest, field, and garden waste is permitted, provided that no excessive emissions are generated therefrom. Municipalities may issue restrictive regulations for the burning of such waste in residential areas.

Items such as vehicles, televisions, cookers, refrigerators, and EDP equipment that are no longer used for their intended purpose and that the owner wishes to dispose of, or that are to be treated in the public interest, are considered spent.

Treatment

Disposal

2. Municipal Solid Waste

Municipal waste, unless separately collected, is transferred to the public collection system and treated in public facilities.

3. Construction Waste10

9 1 The municipalities may demand a more extensive separation

of waste on individual construction sites.

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Waste Act (AbfG) 712.1

2 If excavation material from contaminated sites that do not require remediation is disposed of, the Directorate¹³ may demand proof from the owners that the environment as a whole will not be more polluted compared to the initial state.

3 The permit to deposit construction waste in landfills is granted by the Directorate¹³ if it is proven that other disposal is not possible or not reasonable.

4. Other Waste

1. Holders of waste from undertakings (excluding municipal waste) are responsible for its treatment and bear the costs.

2. Undertakings must take reasonable measures to prevent, reduce, and recover waste and adapt their facilities to the state of the art with regard to environmental and water protection.

3. ¹¹

4. ¹¹

5. Further Treatment Regulations¹⁰

¹ Manufacturers and distributors of goods and packaging are obligated to take them back if they can be recovered or lead to disposal problems. A reasonable fee may be charged for the take-back.

² This applies in particular to end-of-life vehicles, furniture, equipment and their components, bulky packaging, products made of metal or plastic, and products that become hazardous waste if no longer used as intended. Unnecessary packaging is subject to a free take-back obligation.

Disused vehicles, furniture, equipment and their component – Delivery

parts as well as products made of metal or plastic and special waste duty**

are to be handed over by the owner to the manufacturers, the

dealers or a waste disposal facility.

The Cantonal Government regulates the details of the take-back, implementation, and delivery obligations. In particular, it designates the goods and packaging subject to the take-back and delivery obligations, regulates simplifications for small businesses, and sets quantity restrictions.

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Treatment Type

Rail transport

Waste concept

Location determination

and assignment

right

Cantonal

Facilities

712.1

Waste Act (AbfG)

1 The Government Council may, by ordinance, definitively regulate the type of treatment and transport of certain wastes.

2 It obligates the municipalities and private parties to the separate collection of certain wastes and ensures that their environmentally sound recovery is secured.

Owners or operators of waste facilities may be obliged by the Directorate13 to establish and operate rail transport, provided that this significantly reduces environmental pollution compared to other means of transport and the measure is reasonable for the party concerned.

III. Tasks of the Canton and Municipalities

1. Waste Planning and Waste Facilities

1 The Government Council, after hearing the communes, shall establish a comprehensive concept for waste management binding upon the cantonal and communal authorities.

2 The waste concept shall outline the objectives of waste management and indicate the means by which these can be achieved. It shall also include waste planning in accordance with federal law.

3 The waste concept shall be regularly reviewed.

1 The location of landfills and waste facilities shall be determined, where necessary, in the structural plans.

2 The Government Council, after consulting the municipalities, shall determine the catchment area of landfills and facilities for the treatment of municipal waste. It may also determine the catchment area or the recovery area for waste for other waste facilities.

3 The Directorate13 shall, if necessary, order in individual cases which waste is to be supplied to a specific facility. It may also order in individual cases that waste from another catchment area is to be supplied to a waste facility, particularly if the facility in that area is overloaded or has failed.

1 The State may construct and operate waste facilities itself, or participate in such facilities, if they cannot be established by the private sector.

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Waste Act (AbfG) 712.1

2 As a rule, cost-covering fees shall be levied for the use of state facilities. These fees cover the costs for construction, operation, maintenance, interest and depreciation of the facilities, as well as for the closure and aftercare of landfills.

3 For small quantities of special waste from trade and households, the State may cover the costs of disposal in whole or in part. It shall cover its costs by levying a charge in accordance with § 36.

13 1 The Canton may promote measures taken by municipalities and third parties in the interest of environmentally sound waste management.

2 If there is a significant public interest and, in the case of private entities, an economic necessity, the Canton may grant subsidies of up to 75% for such measures and waste facilities. These may also be granted in particular in the form of low-interest loans, risk guarantees, and sureties.

2. Landfills

1. State Assumes The State assumes the post-closure care obligation of the landfill operator Post-Closure Care

Obligation at a time determined by the Government Council after the closure of the landfill. The landfill operator must transfer to the State, free of charge and in an operational condition, the existing facilities necessary for post-closure care.

2. If the fee for all deposited material according to

provided, the state proportionally assumes the duty of aftercare.

The Government Council can permit the late payment of fees.

3 The state, within the scope of its aftercare, carries out the necessary

measures itself or commissions third parties to do so.

4 If costs are caused intentionally or through gross negligence,

recourse shall be taken.

1 The State may demand the transfer of ownership of the landfill facility and the landfill property if the State's aftercare intensively utilizes the property and cannot be reasonably expected of the State without ownership. The claim for transfer can be asserted at any time after the assumption of aftercare.

2 If measures taken by the State lead to an unreasonable restriction of ownership, the landowner is entitled to the right of repurchase.

3 Disputes shall be decided by the Administrative Court upon an administrative law action. If no agreement is reached on compensation, the State shall initiate the appraisal procedure under the law concerning the assignment of private rights³.

Enforcement

3. Contaminated Sites¹⁰

10 1 Enforcement of the provisions on contaminated sites is incumbent upon the Directorate.

2 It maintains the contaminated sites register in accordance with federal law, which is open to public inspection. Municipalities receive an excerpt concerning their territory.

§§ 31-33.11

Contaminated Sites Fund

7 1 A fund shall be established for the remediation of contaminated sites by the state, which shall be financed by flat-rate levies collected by the canton from those who dispose of special waste in accordance with the Ordinance on the Movement of Special Waste. The fund monies shall be used by the state for those remediation measures which it is to carry out itself or whose costs it is to bear.

2 The Government Council shall determine the amount of the levies based on existing and anticipated obligations, plus a flat rate for unforeseeable measures, as well as further details by ordinance2.

4. Implementation by Municipalities

Tasks

of Municipalities

1 The municipalities shall ensure the construction and operation of

facilities for the treatment of municipal waste. They shall regulate the collection

system, including the separate collection of certain waste,

and the treatment of municipal waste as well as the fees in a

waste ordinance, which requires approval by the Directorate13.

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Waste Act (AbfG)

712.1

2 They shall ensure continuous information for the public

as well as for businesses and shall designate a responsible body for

waste management.

3 They shall establish the necessary landfills for residues from the

treatment of municipal waste and sewage sludge, unless

private entities assume this task.

4 The municipalities shall ensure the enforcement of the ban on landfilling and

incineration.

5 As long as no take-back obligations exist due to legislation or agreements,

the municipalities shall ensure

a collection service for discarded equipment and furniture and their

components, as well as for products made of metal or plastic from

households.

6 To solve their tasks, municipalities may form special purpose associations,

join other organizations, or transfer their tasks to private entities.

1. The communes shall pay an annual charge to the State per inhabitant to a fund, from which the State’s expenses for the disposal of small quantities of special waste shall be covered.

2. The Government Council shall regulate the details by ordinance.

1 The accounting of municipalities regarding waste management must ensure a complete overview of the incurred costs.

2 Municipalities levy cost-covering fees based on volume or weight, such as bag, tag, or container fees, with or without a flat basic fee. Regional solutions should be sought. The fees cover the costs for construction, operation, maintenance, interest, and depreciation of waste facilities, as well as the remaining costs of waste management, including the cantonal levy.

3 If municipalities or special purpose associations operate a landfill, the portion of the fee designated for closure works and aftercare is annually accounted for as a provision for these purposes.

4 Special purpose associations that operate a landfill can only be dissolved once they have fulfilled their closure and aftercare obligations. Withdrawing municipalities are liable for the costs like a member municipality of the association.

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712.1

IV. Legal Protection and Penal Provisions16

Waste Act (AbfG)

Legal Protection

a. Appeals Authority

b. Administrative Appeal

Penal Provisions

14, 15 1 Orders issued in application of this Act may be challenged by appeal to the Building Appeals Court.

**2 Acts of the Government Council are excluded.**

15 Against decisions on appeal that wholly or partially revoke an order of a cantonal instance, the competent Directorate may lodge an appeal to safeguard public interests.

1. **Penalties**

1 With a fine of up to CHF 50,000, or, in the case of profiteering, with an unlimited fine, whoever12

a. obstructs or makes impossible controls by the authorities,

b. fails to comply with ordinances and individual orders issued on the basis of this Act,

c. as an operator of a waste facility, violates their acceptance obligations,

d. fails to deliver waste to a waste facility or a specific waste facility, despite being obliged to do so,

e. constructs or operates a waste facility without a permit,

f. leaves or disposes of waste outside of permitted facilities,

g. incinerates non-vegetable waste outside of permitted facilities.

2 Decisions in criminal matters applying the Federal Act on Environmental Protection and this Act shall be communicated to the Directorate13.

3 The investigation and adjudication of infringements shall be the responsibility of the District Governor's Offices.

Cadastre

of contaminated

sites,

Introduction

V. Transitional and Final Provisions10

10 1 The Directorate13 shall progressively establish the contaminated sites register according to the available resources and federal regulations. The owners of parcels listed in the register of historical waste sites and suspicious areas may at any time request a decision from the Directorate13 regarding the entry in the contaminated sites register, provided they can credibly demonstrate a current interest.

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Waste Act (AbfG)

712.1

2 Sites shall remain in the register of historical waste sites and suspicious areas under previous law until a decision has been made regarding their entry in the contaminated sites register.

The Law on the Disposal of End-of-Life Vehicles and Scrap of March 4, 1973 is repealed.

The following laws are amended as follows: . . .8

VI. Entry into force

The Government determines the date of entry into force after approval by the Confederation.

Transitional Provision for the Amendment of 28 October 2013

(OS 69, 262)

Jurisdiction for assessing appeals pending at the time of entry into force shall be determined by previous law.

Previous jurisdictions shall also apply if the appeal period began to run before the entry into force of the new law but only ends thereafter. Otherwise, the new law shall apply to pending proceedings.

1 OS 52, 950.

2 LS 712.11, LS 712.12.

3 LS 781.

4 SR 814.01.

5 SR 814.014; LS 712.444.

6 §§ 1-3; 5-17; 22–26; 30–33; 35–42 in force since 1 January 1996 (OS 53, 46). §§ 4;

18–21; 27–29 in force since 1 January 2001 (OS 56, 350).

7 Not yet in force.

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712.1

Waste Act (AbfG)

8 Text see OS 52, 950.

9 Inserted by Act of 26 August 2002 (OS 57, 347). In force since 1 May 2004

(OS 59, 66).

10 Version according to Act of 26 August 2002 (OS 57, 347). In force since 1 May 2004

(OS 59, 66).

11 Repealed by Act of 26 August 2002 (OS 57, 347). In force since 1 May

2004 (OS 59, 66).

12 Version according to Act on the adaptation to the amended general part

of the Criminal Code and to the new Juvenile Criminal Law of 19 June 2006

(OS 61, 391; ABI 2005, 1483). In force since 1 January 2007.

13 Version according to Act on the adaptation of cantonal administrative procedure

law of 22 March 2010 (OS 65, 390; ABI 2009, 801). In force since 1 July

2010.

14 Repealed by Act on the adaptation of cantonal administrative procedure

law of 22 March 2010 (OS 65, 390; ABI 2009, 801). In force since 1 July

2010.

15 Inserted by Planning and Building Act of 28 October 2013 (OS 69, 262;

ABI 2011, 1119). In force since 1 July 2014.

16 Version according to Planning and Building Act of 28 October 2013 (OS 69, 262;

ABI 2011, 1119). In force since 1 July 2014.

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