Act Introducing the Federal Acts on Environmental Protection and on the Protection of Waters - Purpose and Scope (UGsG)

1. This Law

a) ensures the implementation of federal law concerning environmental protection and water protection, and

b) enables cantonal measures for the protection of the environment and water bodies.

2. It aims to protect humans, animals, and plants, their communities and habitats from harmful or annoying impacts and to preserve the natural foundations of life in accordance with the principle of sustainability, unimpaired for future generations.

3. The law applies to all areas of federal law concerning environmental protection and water protection.

1. The environment shall be burdened as little as possible.

2. Measures impacting the environment must be guided by the state of the art. For determining the state of the art, enforcement authorities may rely on the applicable standards and recommendations of recognized professional organizations.

3. Effects that could become harmful or bothersome must be limited as early as possible.

1. The canton and municipalities align their actions with the principles of sustainable development.

2. In balancing ecological and economic interests, they avoid causing harm to the environment. With regard to the provisions on public procurement, they specifically ensure to

a) minimize emissions during the planning, construction, and operation of their own buildings and facilities, and

b) procure and use products, devices, machinery, vehicles, and facilities that exert minimal strain on resources during production, use, and disposal (ecological procurement).

1. The authorities properly inform the public about environmental and water protection, as well as the status of environmental pollution.

1. The supervisory authority for the implementation of this law rests with the Government Council.

2. It may arrange for joint fulfillment or delegation of enforcement tasks with other cantons.

3. It may issue guidelines.

4. Within the scope of its financial competencies, it may delegate the decision on granting cantonal contributions under this law to the Department of Construction and Economic Affairs.

5. The Government Council shall negotiate multi-year program agreements with the federal government regarding noise and sound protection measures in road renovations. If the cantonal share of the program costs exceeds 1.2 million Swiss Francs, the approval of the Cantonal Council is required.

6. It may order temporary measures in the event of exceptionally high air pollution.

1. The Department of Construction and Economic Affairs exercises supervision over the enforcement of the law.

1. The Government Council establishes an Office for the Environment.

2. It is the cantonal specialist authority pursuant to Art. 42 of the Environmental Protection Act, Art. 49 of the Water Protection Act, and Art. 12 of the Ordinance on Environmental Impact Assessment of October 19, 1988. The office also serves as the central contact and coordination center for issues related to the use and protection of the water resource.

3. The office enforces the law and the ordinances based on it, as well as the environmental and water protection tasks delegated to the cantons by the federal government, insofar as no other responsibilities have been established.

4. It advises authorities, businesses, and private individuals, and recommends measures to reduce environmental impact.

1. The municipal council executes the tasks assigned to the municipalities.

2. The municipalities may jointly fulfill tasks assigned to them under this law and the regulations based on it, as well as further measures in the field of environmental and water protection.

3. Implementation provisions, agreements, and statutes of special purpose associations require the approval of the government council.

4. The municipalities oversee construction sites to ensure compliance with the provisions of environmental and water protection law applicable to the construction phase. Exempted are construction sites for road and water construction projects of the canton, where the responsibility for monitoring compliance with the construction phase provisions falls to the civil engineering office.

1. For enforcement, the competent authorities can involve public law corporations, individuals, or private organizations. Specifically, they can be assigned tasks related to inspection, control, and supervision, as well as the authority to order the rectification of identified deficiencies. The usual rules of disqualification apply. The competent authority issues performance mandates to the third parties involved in enforcement and periodically reviews their activities.

1. The Government Council may establish a system of private control whereby third parties are authorized to confirm with their signature that the relevant provisions of environmental and water protection law are complied with in the planning, execution, or operation of a facility. The ordinance regulates the details.

1. The Department of Construction and Economic Affairs may enter into cooperation agreements with companies or industry associations.

2. The agreements particularly regulate the nature and scope of self-monitoring and reporting to the authorities, as well as the extent of official controls.

1. Landowners and facility operators are required to provide the authorities with the information necessary for enforcement and, if necessary, to conduct or permit investigations.

1. The canton may support, through its own contributions and financial aid, in particular

a) Measures aimed at promoting environmentally responsible behavior among the population;

b) Education and training;

c) Research, development, and the introduction of new technologies;

d) Projects and measures aimed at sustainable development, particularly those related to municipal concepts and planning in the fields of environmental and water protection, as well as projects aimed at aligning municipal development with the principles of sustainability;

e) Associations and organizations whose objectives align with the goals of this law.

2. The canton's financial aid contributions shall not exceed 40% of eligible costs. They are graded according to the significance of the measure to be supported in achieving the goals of this law. The contribution rate may be increased to a maximum of 60% if municipalities collaborate on eligible planning, measures, or projects.

3. Recipients of financial aid may include municipalities and other public law entities, as well as legal and natural persons.

4. Financial aid is only disbursed within the bounds of available resources.

1. The canton may provide grants of up to 40% of the eligible costs for measures and facilities related to waste treatment and recycling, as well as for the protection of water bodies, and may also grant loans and guarantees, insofar as these cannot be financed through contributions and fees from the responsible parties and there is a public interest in them. The grants are scaled according to the public interest in the facility or measure. Details are regulated by ordinance.

2. For important reasons, the grant rate may be increased to a maximum of 60%.

3. For private water protection facilities, the canton may grant contributions of up to 20% of the eligible costs. The municipalities are obliged to make a contribution in the amount of the cantonal contribution.

4. Contributions made under cantonal law must be refunded if they were improperly received or if facilities were misused. The limitation period is governed by the provisions of the Federal Act.

1. Anyone who causes measures under this law and the regulations based on it shall bear the costs.

2. The canton and the municipalities shall bear the costs of enforcement within their jurisdiction, unless these are assigned to the responsible party.

3. Anyone who takes environmental protection measures is only entitled to reimbursement of costs by the canton or the municipalities if this is explicitly provided for in the law.

1. Municipalities shall maintain separate accounts for public waste management and municipal drainage in accordance with the principles of special financing. These accounts are to be balanced in the medium term. A transitional period of five years from the effective date of this law applies for the introduction of these accounts.

2. To ensure a financing system consistent with the polluter pays principle for waste management and municipal drainage, the government council may establish principles for special financing, as per paragraph 1, through regulations and, following consultation with the municipalities, declare them binding for these entities. In particular, criteria for the assessment of contributions and fees, as well as depreciation rates, may be established.

1. For the examination, approval, and acceptance of constructions and installations, for the granting of permissions as referred to in Art. 10, as well as for inspections and additional services, the canton and municipalities levy fees.

2. The government council enacts a schedule of fees for the cantonal charges. It also establishes a fee schedule for the heating inspections, which is binding for the municipalities.

3. The costs of reports, expert opinions, measurements, etc., can be imposed on those natural or legal persons who have caused or necessitated such services from the community.

1. To finance public functions in the field of waste management, the Cantonal Council establishes a waste fund managed according to the principles of special financing. The fund is part of the state budget.

2. The fund is financed by a levy, which is calculated based on the weight of municipal waste delivered to incineration plants through public collections; the levy amounts to a maximum of CHF 25.- per ton of municipal waste. The levy is collected from the municipalities.

3. The Cantonal Council determines the levy amount with the budget, taking into account existing and anticipated obligations.

4. The funds are primarily used for

a) Expenditures of the canton for promotional measures pursuant to Art. 13 in the field of waste management;

b) Development and implementation of cantonal concepts, planning, and promotional programs in the field of waste management;

c) Disposal of hazardous waste and toxic substances from households and small businesses;

d) Cantonal contributions towards the development and implementation of regional concepts and planning in the field of waste management;

e) Any potential cantonal contributions to waste facilities and measures pursuant to Art. 14;

f) Contributions to private measures that align with the objectives of this law in the field of waste management;

g) * Cost of outages, remediation of contaminated sites, and any potential investigation costs pursuant to Art. 50;

h) * Costs for the remediation of contaminated sites at shooting ranges and for the reclamation of soil outside the bullet trap pursuant to Art. 50a.

5. The specifics are regulated by the ordinance.

1. To finance public tasks in the field of settlement drainage, the Cantonal Council establishes a Water Protection Fund managed according to the principles of special financing. The fund is part of the state budget.

2. The fund is financed by a levy, which is based on the residual pollutant load of the treated wastewater; the levy amounts to a maximum of CHF -.50 per cubic meter of wastewater. The levy is collected from the owners of the wastewater treatment plant or, if this is not possible, from the municipalities.

3. The Cantonal Council sets the levy amount with the budget, taking into account existing and anticipated obligations.

4. The fund's resources are used in particular for

a) Expenditures of the canton for promotional measures in accordance with Art. 13 in the field of settlement drainage;

b) Development and implementation of cantonal concepts, planning, and promotional programs in the field of water protection;

c) Cantonal contributions to the development and implementation of regional concepts and planning in the area of water protection;

d) Any cantonal contributions to water protection facilities and measures in accordance with Art. 14;

e) Contributions to measures by private individuals, which correspond to the objectives of this law in the field of water protection.

5. The ordinance regulates the details.

1. Measures under Articles 13 and 14 that are not financed through the Waste Fund or the Water Protection Fund shall have their resources provided by the government council through the budgeting process.

1. The construction or modification of buildings and facilities, the alteration of existing uses, as well as interventions in the natural terrain require a permit if they have an impact on the environment.

2. Unless otherwise specified by cantonal or federal legislation, the Office for the Environment is responsible for environmental and water protection permits.

3. The government council shall regulate exceptions to the permit requirement in the ordinance. It may also stipulate that the construction or modification of certain buildings and facilities be subject to a notification requirement.

1. If projects that require a permit under this law require additional permits, the coordination of the permitting procedures shall be governed by the Act on Spatial Planning and Building Law.

1. The Government Council regulates the procedure for protecting people and the environment from severe harm caused by extraordinary events.

1. The insurance company of Appenzell Ausserrhoden is responsible for damage control.

2. The deployment and training of the damage control units (oil and chemical units) is the responsibility of the fire departments in cooperation with the insurance company of Appenzell Ausserrhoden.

3. ...

4. The Office for the Environment maintains an on-call service and advises the damage control units during operations. The on-call service is authorized to take the necessary measures for environmental protection.

1. Coordination of Incident Services Under the Major Accidents Ordinance Falls Within the Responsibility of the Insurance Authorities of Appenzell A.Rh.

1. The Office for the Environment shall, subject to paragraph 2, implement the provisions of the Air Pollution Control Ordinance concerning stationary installations.

2. The municipalities shall implement the provisions of the Air Pollution Control Ordinance for the following installations

a) Combustion installations for space heating and domestic water heating

1. Installations operated with natural gas, liquefied petroleum gas, or fuel oil-EL up to a combustion heat output of 350 kW;

2. installations operated exclusively with untreated wood or coal up to a combustion heat output of 70 kW.

b) Exhaust air systems of

1. Underground garages without commercial use up to 50 spaces;

2. Restaurants, food stands, bakeries, butcher shops, and similar establishments.

1. If it is established or expected that excessive emissions will occur, the government council shall prepare a plan of measures necessary to prevent or eliminate them.

2. The affected municipalities shall participate in the development and implementation of the plan of measures.

3. The plan of measures is binding on the authorities.

1. In the application of farm manure, odor nuisances are to be avoided as much as possible. Municipalities may specify in a regulation or on a case-by-case basis when farm manure may not be spread. The interests of agriculture must be taken into account. Municipalities shall coordinate their regulations with neighboring municipalities as far as possible.

1. The allocation of sensitivity levels is carried out by the municipalities within the framework of land use planning.

1. The Department of Internal Affairs and Security is responsible for monitoring emission limits for vehicles.

1. If operational or structural measures, or measures for proper maintenance, must be implemented for movable equipment and machinery, the municipalities are responsible.

2. They examine, within the framework of the building permit procedure, whether the regulations concerning emission limits for new and modified stationary installations are being complied with.

3. For existing stationary installations, they order the necessary renovations and noise protection measures and monitor their execution. Jurisdiction according to Article 32 remains reserved.

4. If there is reason to believe that the relevant immission limit values for external noise are being exceeded or are expected to be exceeded on municipal roads, the municipalities shall prepare the noise load register and the renovation projects in accordance with the Noise Protection Ordinance.

5. The municipalities enforce the provisions of the Noise Protection Ordinance for the designation and development of building zones and the issuance of building permits in noise-affected areas, as well as for noise protection in new buildings.

1. For state roads, the Civil Engineering Office prepares the noise pollution register and the multi-year plans, as well as the remediation projects in accordance with the Noise Protection Ordinance. The Department of Construction and Economic Affairs informs the municipalities about the intended measures.

1. The municipalities enforce the Noise and Laser Ordinance with respect to sound emissions.

2. The use of laser devices requires a permit from the Office for the Environment.

1. The generation of waste shall be avoided as far as possible.

2. Waste must be recovered as far as possible.

3. Waste must not be mixed and must be disposed of in an environmentally sound manner.

1. The municipalities ensure that household and small business municipal waste and special waste are disposed of in accordance with regulations. They monitor the correct disposal of waste at construction sites.

2. The Office for the Environment is responsible for overseeing the correct disposal or recycling of other waste.

1. Waste must not be left lying around, discarded, discharged into the sewage system, or stored in locations that are not authorized for such purposes.

1. Waste may only be incinerated in facilities approved for that purpose.

2. Dry, natural forest, field, and garden waste may be burned outdoors, provided that no excessive emissions are produced.

1. Manufacturers or distributors of goods and packaging may be required by the Department of Construction and Economic Affairs to take them back if they can be recycled or need special treatment.

1. Where no other provision is specified, the holder of the waste bears the cost of disposal.

2. If the holder cannot be identified or cannot fulfill the obligation under paragraph 1 due to insolvency, the local municipality bears the cost of disposal.

1. The Cantonal Government is responsible for developing the cantonal waste management plan.

2. The Office for the Environment may establish binding regulations on how certain types of waste are to be managed and may require retail outlets to provide facilities for waste collection.

1. The municipalities organize the disposal of municipal waste. They are specifically responsible for

a) the collection of combustible, non-recoverable municipal waste and its transport to a waste disposal facility;

b) the separate collection of recoverable waste and its transport for recovery.

2. If the person who unlawfully disposed of waste cannot be identified, the local municipality ensures the proper disposal of such waste.

3. The municipalities promote decentralized composting in gardens, residential areas, and neighborhoods.

4. The disposal of waste from the maintenance of municipal roads is the responsibility of the municipalities.

1. The collection of municipal waste by third parties requires approval from the municipality.

1. The municipalities shall levy a volume- or weight-based fee to finance the disposal of municipal waste in accordance with federal law, which at least covers the total disposal costs of combustible municipal waste.

2. To cover additional costs of the disposal and recycling of municipal waste, they may also levy a basic fee or special fees.

1. The Office for the Environment coordinates the disposal of special waste from households and small businesses.

2. The municipalities are responsible for the collection of special waste. Details are regulated by the ordinance.

3. They share the costs of special waste disposal proportionately unless they are covered by the waste fund. The government council regulates the details.

1. Whoever generates construction waste is required to separate it and ensure, as much as possible, that it is either recycled or delivered to approved waste facilities.

2. Municipalities may require appropriate disposal certificates during the building permit process and impose the corresponding conditions in the building permits.

1. The Department of Construction and Economic Affairs establishes catchment areas for municipal waste as well as for waste from public road maintenance and public wastewater treatment after consulting the municipalities. It may determine the means of transport by which the waste may be delivered to the facilities and, for inter-municipal facilities, set the cost-sharing formula after consulting the municipalities.

2. If necessary, the Department of Construction and Economic Affairs may also establish catchment areas for other types of waste.

1. Within a collection area, holders of municipal waste are obligated to deliver such waste to designated collections, collection points, or waste facilities.

2. The Department of Construction and Economic Affairs may determine that a waste facility also accepts waste from another collection area, particularly if

a) another facility is overloaded or has failed;

b) the waste can be treated more appropriately; or

c) there is an economic and ecological benefit to making more efficient use of capacities.

1. Anyone who operates or intends to operate a landfill must ensure the coverage of costs for closure, aftercare, and remediation through reserves, security deposits, insurance, or other forms.

2. For security, an amount of CHF 30,000 must be provided per hectare of maximum open landfill area. For landfills with increased risk potential, the government council may set a higher security requirement. The ordinance regulates the details.

1. The canton may establish, acquire, or operate waste facilities itself. It may provide for the establishment of regional collection points.

2. The government council shall, after consulting the affected municipalities, determine the locations for waste facilities.

3. The government council may enter into agreements with other cantons, public law entities, or private enterprises regarding participation in such facilities or their joint operation.

1. Remediation of sites contaminated by waste is the responsibility of the polluters and is governed by federal legislation.

2. The Waste Fund finances

a) the share of costs attributable to polluters who cannot be identified or are insolvent (Art. 32d para. 3 USG);

b) the costs for necessary investigative measures for sites listed or intended to be listed in the register of contaminated sites if the investigation reveals that there is no contamination (Art. 32d para. 5 USG).

1. The costs of remediating the bullet trap shall be borne by the responsible parties. If these individuals cannot be identified or are insolvent, the costs shall be financed from the Waste Management Fund (Art. 32d of the Environmental Protection Act).

2. The costs for measures to reduce soil contamination outside the bullet trap to below the remediation values to such an extent that the intended customary land use is possible without endangering humans, animals, and plants (Art. 34 para. 3 of the Environmental Protection Act) shall be financed from the Waste Management Fund.

1. Construction or modification of buildings and facilities, as well as other interventions on properties listed in the contaminated sites register, require a permit from the Office for the Environment.

1. The government council takes measures to protect areas where soil fertility is at risk.

2. The burning of harvest residues over large areas on agricultural land, as well as the burning of hedges, field woodlands, and embankments, is prohibited.

1. The Office for the Environment monitors soil contamination.

1. For the control and professional advice regarding the use of plant protection products in agriculture within the meaning of the Chemicals Risk Reduction Ordinance, the Department of Construction and Economic Affairs is responsible.

1. The Office for the Environment is responsible for the enforcement of the Regulation on Dangerous Goods Safety Advisers for the Transport of Dangerous Goods by Road, Rail, and Waterways.

1. To the extent that federal law does not contain any provisions, the government council designates the procedure and the examination authority. It sets deadlines for processing by means of an ordinance.

1. The Office for the Environment is the contact and coordination point for questions related to the handling of organisms.

2. The Government Council regulates the details and further responsibilities in the ordinance.

1. Wastewater is defined as water that has been altered through domestic, industrial, commercial, agricultural, or other usage, as well as water that continuously flows in the sewer system alongside it (extraneous water), and stormwater (meteoric water) that runs off from built-up or paved areas.

2. Polluted wastewater is defined as wastewater that can contaminate a body of water into which it enters.

1. The municipalities shall develop a general drainage plan (GDP) in consultation with the Office for the Environment. The drainage concept and action plan become legally binding for authorities upon approval by the government council. The plan must be updated as circumstances require.

2. The government council shall issue a regional drainage plan when it is necessary to coordinate the water protection measures of the municipalities within a limited, hydrologically cohesive area to ensure proper water protection.

1. Construction, operation, and maintenance of the public sewage facilities designated in the general drainage plan fall under the responsibility of the municipalities, unless these tasks are assumed by public law corporations with the approval of the municipal council.

2. Property owners are responsible for constructing and maintaining the other sewage facilities.

3. The Office for the Environment is responsible for the sewage pre-treatment facilities in industrial and commercial enterprises. Oversight of the other private sewage facilities is the responsibility of the municipalities.

4. The municipalities are responsible for ordering the connection of properties to the sewage facilities.

1. The municipalities monitor the impact of wastewater facilities on the receiving water bodies according to the technical instructions of the Environmental Office.

1. The Office for the Environment assesses the admissibility of the agricultural utilization of domestic wastewater.

1. The Department of Construction and Economic Affairs is responsible for

a) the enforcement of the regulations concerning fertilizer consultation;

b) the review of the fertilizer balance;

c) the special authorization for the application of fertilizers in the forest.

1. Municipalities or corporations shall regulate the construction, operation, and financing of public wastewater facilities in a regulation.

2. The regulation requires the approval of the government council.

1. Public sewage facilities are financed through contributions and cause-related fees.

2. To cover the costs arising from the planning, construction, operation, and maintenance of public sewage facilities, as well as the costs for reserves and amortization, municipalities or corporations collect connection fees and recurring usage fees from property owners.

1. Upon the initial connection to public wastewater systems and following modifications, renovations, or extensions that impact the wastewater, municipalities shall levy a connection fee on property owners.

1. To cover the costs arising from the operation, maintenance, renewal, inspection, and amortization of public wastewater facilities, municipalities or corporations shall levy the following recurring usage fees.

2. Fees for polluted wastewater shall generally be measured based on water consumption and the degree of contamination. Where this is not possible, a flat-rate fee may be imposed. Additionally, a basic fee independent of these measurement criteria may be levied, particularly to cover costs that arise irrespective of the load on the wastewater facilities.

3. Fees for stormwater shall be based on

a) the effective drainage area and the type of surface sealing (runoff coefficient), or

b) the zone-weighted property area.

1. The expenditures of the canton and the municipalities for the rehabilitation of public wastewater facilities are obligatory expenses.

1. The Department of Construction and Economic Affairs, after consultation with the municipalities, divides the canton area into water protection zones.

2. The water protection zones are presented in the cantonal structure plan (Foundations).

1. The water protection map depicts the water protection areas, including at least the provisional groundwater protection zones and, as a reference, the definitive groundwater protection zones and areas.

1. For groundwater and spring water abstractions of public interest, the necessary protection zones and areas (Protection Zones S) must be designated.

2. The owners of the abstractions shall carry out the necessary investigations for the delineation of the protection zones, develop the protection zone regulations, acquire the necessary real rights, and bear the cost of any compensations for restrictions on property rights.

3. The protection zone plans and regulations shall be displayed by the municipalities affected by the protection zones for 30 days. The display must be publicly announced. The affected property owners must be notified in writing. During the display period, written objections may be submitted to the Department of Construction and Economic Affairs with specific requests and justifications.

4. The Department of Construction and Economic Affairs enacts the Protection Zones S.

1. The water protection map and the protection zone plans must be adjusted if the previous delineation of the areas and zones no longer corresponds to the actual conditions.

2. Anyone with a legitimate interest may apply for a review with the Department of Construction and Economic Affairs. The necessary evidence must be provided by the applicant.

3. Amendments to the water protection map and the protection zone plans are carried out in the same procedure as their creation.

1. For springs, groundwater catchments, and enrichment facilities that serve public water supply, the protection zones S must be designated no later than 5 years after the law comes into force.

1. The costs and compensations arising from the exclusion shall be borne, in the case of groundwater extractions, by the owner of the extraction or the rights holder, and in the case of groundwater protection areas, by the public entity in whose interest the exclusion was undertaken. The costs and compensations may be passed on to future owners of groundwater extractions and recharge facilities.

1. If a project that requires approval under Art. 79 et seq. is located in an area where the groundwater protection zones and areas have only been provisionally designated, and it cannot be ruled out that the project contradicts groundwater protection, the municipal council shall establish a planning zone in accordance with the building law.

2. The responsible authorities, in whose interest the provisional protection zone has been designated, shall examine whether the area can be released from protection. If this is not possible, the procedure required for definitive protection under Art. 71 must be initiated without delay.

1. The Office for the Environment maintains a registry of tanks that require authorization and those that require notification (tank registry).

1. For the construction of new buildings and facilities, as well as renovations, a permit in accordance with the Water Protection Act is required. This requirement also applies to structural modifications and changes in use, as well as to modifications in machinery or operational procedures in industrial, commercial, and service companies if they affect the quantity or composition of wastewater. Pure maintenance measures on existing buildings and facilities do not require a water protection permit.

2. Applications are processed by the municipalities, subject to Articles 80 and 81. Building permits may only be granted if the property has been rehabilitated in terms of wastewater. The wastewater-related rehabilitation of a property via an individual treatment plant or through storage/disposal of wastewater requires the approval of the Office for the Environment.

3. If a permit under paragraphs 1 and 2 is issued with conditions and stipulations, compliance with such conditions is monitored by the entity that imposed them.

1. The Office for the Environment is responsible for granting approval pursuant to Art. 79 for the following projects

a) public wastewater treatment facilities;

b) industrial, commercial, and service enterprises with wastewater-producing facilities;

c) agricultural construction projects;

d) drilling and significant excavations.

2. Furthermore, the Office for the Environment is responsible for approving buildings and facilities, as well as additional works

a) in particularly endangered areas (water protection areas A_u and A_o, inflow areas Z_u and Z_o);

b) in groundwater protection zones and areas designated for delineation;

c) in legally designated groundwater protection zones and areas (Protection Zone S).

3. If a threat to groundwater can be excluded for projects in the areas mentioned in para. 2 lit. a), the municipality is responsible for granting approval. Details are governed by the ordinance.

1. The municipality approves the infiltration of uncontaminated wastewater.

2. The Office for the Environment is responsible in the following cases

a) when a cantonal permit is required pursuant to Art. 80;

b) in the extraction of gravel, sand, and other materials;

c) when it concerns the infiltration of a considerable amount of uncontaminated wastewater.

3. If the infiltration of rainwater occurs over the shoulder of the road, the Civil Engineering Office is responsible for state roads. If the road or a section of it is located in an area according to Art. 80 para. 2, the Office for the Environment is responsible.

1. Legal protection is governed by the law on administrative jurisdiction, subject to federal legal provisions.

2. Appeals against decisions of municipal councils may be filed with the Department of Construction and Economic Affairs.

3. The coordination in the appeals process is governed by the Building Act.

1. If an order issued based on federal or cantonal environmental and water protection legislation is not followed, the competent authority may take the necessary measures at the expense of the liable parties or have them carried out by third parties.

2. For the costs of substitute performance, a lien exists without entry in the land register, which takes precedence over all registered encumbrances. Liens exceeding the amount of 1,000 Swiss Francs are subject to the protection of bona fide third parties according to Art. 836 para. 2 of the Swiss Civil Code.

3. Unless there is imminent danger, the substitute performance must be threatened with the setting of a reasonable deadline and an indication of the expected costs.

4. If a municipality neglects its enforcement duties, the department of the governing council responsible for the matter orders the necessary measures in its place.

1. The authority responsible for granting a permit under this law may record conditions and obligations in the land register at the expense of the applicant.

2. At the expense of the canton, properties listed in the register of contaminated sites and those located within a legally binding groundwater protection zone S are also noted in the land register.

1. Anyone who violates the federal legal provisions concerning environmental and water protection, this law, or the ordinances or orders issued thereunder, shall be fined up to CHF 100,000 unless other penal provisions apply.

2. Attempt and complicity are punishable.

3. Articles 6 and 7 of the Federal Act on Administrative Criminal Law apply mutatis mutandis.

4. ...

1. The Executive Council enacts the provisions necessary for the implementation of this law.

1. Upon the enactment of this law, conflicting provisions in cantonal or municipal decrees are repealed; in their place, the corresponding provisions of this law shall apply. Paragraph 2 remains reserved.

2. Groundwater protection zone regulations that were approved before the enactment of this law shall remain in force until they are adapted to the provisions of this law. The public disclosure of the adapted regulations must take place no later than ten years after the enactment of this law.

1. Upon the coming into force of this Act, all projects requiring approval, which have not yet been legally decided, are to be assessed materially according to the new provisions.

2. Authorities that are no longer competent under the new law shall still complete the proceedings pending before them. Any potential appeal shall be governed by the new jurisdiction order.

1. The law is subject to an optional referendum.

2. The Government Council shall determine, subject to the approval of Article 84 by the Federal Council, the entry into force of this law.