Ordinance on the Act on the Introduction of the Federal Acts on Environmental Protection and on the Protection of Waters - Contributions to the Funds (OPEE)

1. The Executive Council shall present the existing and anticipated commitments for the Waste Management Fund and the Water Protection Fund to the Cantonal Council along with the budget.

1. The charge is determined based on the chemical oxygen demand, ammonium nitrogen, total suspended solids, and total phosphorus. The weighting is established by the Department of Construction and Economic Affairs.

2. In cases of extraordinary operating conditions or when the required data is missing, the assessment of the charge shall be based on values from periods with normal operating conditions or on standard values established by the Department of Construction and Economic Affairs.

3. Private individual and group purification facilities may be exempted from the obligation to contribute if maintenance and inspection reports ensure that they meet the required standards.

1. Contributions can be made towards the establishment of waste facilities or comparable measures for waste treatment and recovery if

a) they result in a significant improvement for the environment and financing cannot be secured otherwise, particularly not through polluter fees, or

b) a facility or measure serves an inter-cantonal catchment area and the other affected cantons also contribute to its financing with contributions.

2. When determining the amount of the contribution, particular consideration shall be given to the relation to municipal waste disposal, the objectives of cantonal waste planning, and the public interest.

3. The replacement of facilities or facility parts, for which contributions were granted during their construction, is no longer eligible for contributions.

1. Contributions may be made to

a) the expansion and optimization of wastewater treatment plants (ARA) or comparable measures;

b) municipal and regional drainage planning;

c) the improvement of sewage sludge disposal.

2. In determining the amount of the contribution, particular consideration shall be given to the significance of the facility or measure for urban drainage and the public interest.

3. The replacement of facilities or parts of facilities that received contributions at the time of their creation is no longer eligible for contributions.

1. Contributions may be made to the following measures

a) Information and advisory campaigns regarding environmental and water protection;

b) Development and implementation of further training programs in the area of environmental and water protection.

2. If a public corporation is the recipient of a contribution, only the external costs incurred by it will be taken into account.

1. Grants may be awarded for pilot and demonstration facilities if the facility requires fewer resources in production, use, and disposal compared to conventional facilities, or contributes to a substantial reduction in harmful or nuisance effects. The additional costs compared to conventional facilities are considered eligible costs.

1. Applications for contributions must be submitted to the Office for the Environment before the commencement of the implementation of the measure eligible for contribution. Applications submitted later will not be considered.

2. The application must be accompanied by all documents necessary for the assessment, in particular a detailed project description with cost estimate or budget and financing plan. The Office for the Environment may determine and request the necessary application documents on a case-by-case basis.

1. The decision regarding the grant of contributions is issued in the form of an appealable assurance of contribution. This may include stipulations and conditions. Paragraph 2 is reserved.

2. Applications pursuant to Article 13 paragraph 1 letters d and e of the law are decided by the Government Council.

1. Any contributions from the federal government are to be deducted from the cantonal contributions.

1. Contributions shall be reduced in whole or in part, or shall be refunded in whole or in part if it transpires that the contribution was granted based on incorrect information or if there was a deviation from the information provided in the application during its realization.

1. Municipalities commission a specialist to perform combustion system inspections (official combustion inspection).

2. Following prior written notification to the office designated by the municipality, owners of combustion systems may also commission a specialist of their choice to conduct the inspection (private combustion inspection).

3. Municipalities designate a contact point for private combustion inspections and oversee these inspections according to the directives of the Office for the Environment.

4. The recognition of private combustion inspections is contingent upon

a) * the written notification according to paragraph 2 being submitted no later than September 30th before the heating period during which the private measurements are to be conducted, and

b) * the inspection results meeting the legal requirements and being available within 14 days after the inspections, but no later than April 30th of the relevant heating periods for the inspection, and

c) * the inspection being carried out between October 1st and April 30th.

5. If the inspection results for a system registered for private inspection are not submitted in a timely manner, the municipality will initiate an official combustion inspection. If the inspection results do not meet the legal requirements, the municipality will order the adjustment and, if necessary, the repair of the system.

6. To cover the administrative expenses associated with private inspections, municipalities charge a fee to those privately commissioned.

1. Private individuals may be granted the authority to conduct the following specific inspections

a) For manure storage facilities: project, execution, and condition inspections;

b) For small sewage treatment plants: emissions inspections;

c) For wastewater pre-treatment facilities of garage businesses: emissions inspections;

d) * For oil, gas, and wood firing systems subject to measurement within the jurisdiction of municipalities: periodic emissions inspections.

1. Control powers can be granted to natural persons who demonstrate sufficient professional training or practical experience.

2. The Office for the Environment specifies the detailed requirements. It may condition the granting of control powers on specific professional training or on being listed in a register. The requirements also apply in cases where the granting of control powers is under the jurisdiction of the municipality.

3. Persons authorized to conduct inspections may be required by the Office for the Environment to attend appropriate further training courses.

4. The control authority may be revoked in cases of

a) Obtaining the authority through false information;

b) Abuse of authority;

c) Gross or repeated negligence;

d) Loss of qualification requirements;

e) Failure to attend mandatory further training courses due to fault;

f) Non-payment of any applicable fees.

1. Any person applying for the issuance of an inspection authority must submit the documents required to assess suitability and provide information to the Environmental Office. The office is obligated to handle the documents and information confidentially.

2. The issuance and withdrawal of an inspection authority are published by the Environmental Office in an appropriate manner.

1. The periodic measurements and inspections are to be carried out in accordance with the Clean Air Ordinance.

2. The scope and technical execution shall comply with the recommendations of the Federal Government. Instructions from the Office for the Environment are reserved.

3. The owners of the facilities shall bear the costs of the inspections and measurements.

1. For the derivation of emissions and the minimum height of chimneys and exhaust ducts, which cannot be calculated according to the Clean Air Ordinance, the recommendations of the federal government are decisive.

1. The municipalities and the Office for the Environment maintain registers regarding the oil, gas, and solid fuel combustion systems assigned to them.

2. The competent authorities ensure that only compliant systems are installed in accordance with the Clean Air Ordinance.

1. The municipalities monitor the prohibition of burning waste within facilities under their jurisdiction by means of random checks.

2. If there is suspicion that the prohibition has been violated, the municipality initiates the necessary investigations and orders the necessary measures based on those findings.

1. In the case of excessive gaseous, vapor, or particulate emissions, as well as disturbing odor emissions, the competent authority shall clarify the facts and initiate the necessary measures.

2. The municipalities are responsible for the enforcement of regulations regarding the burning of forest, field, and garden waste.

1. The Government Council approves rehabilitation programs on state roads.

2. The municipalities submit the following documents to the Department of Construction and Economic Affairs for approval

a) Rehabilitation programs for shooting ranges;

b) Rehabilitation programs for installations in industry, commerce, and agriculture;

c) Plans for new shooting ranges.

3. The municipalities inform the Office for the Environment of the noise pollution registers.

1. The municipality must obtain the consent of the canton if it intends to

a) grant a building permit for structures with noise-sensitive rooms in an area where the noise emission limits are exceeded, or

b) allow the development of building zones for structures with noise-sensitive rooms in an area where planning values are exceeded.

2. The consent is granted by the Office for the Environment in the case of letter a, and by the Department of Construction and Economic Affairs in the case of letter b.

1. Municipal Waste consists of waste originating from households, as well as waste from industrial and commercial establishments that is comparable in composition to household waste. Municipal waste includes, in particular, household refuse, bulky household waste, and separately collected waste.

a) Household refuse is combustible municipal waste whose individual components cannot be recycled.

b) Bulky household waste is household refuse that does not fit into permissible containers due to its dimensions or weight.

c) Separately collected waste are waste materials that are homogeneous or easily separable and are wholly or partially subjected to recycling, recovery, or special treatment.

1. Production waste refers to waste originating from enterprises (commercial, industrial, and service businesses, as well as agriculture and forestry) that, in terms of material composition, does not constitute municipal or hazardous waste.

2. Construction waste comprises waste generated during the construction, alteration, or demolition of buildings and facilities.

1. Hazardous waste is waste from businesses and households that is specifically listed in the ordinance on the management of waste.

1. Municipalities shall ensure the collection of separate waste, insofar as no functioning industry-specific solutions exist.

1. Municipalities shall establish a collection point for the receipt of special and hazardous waste from households and small businesses or conduct a collection campaign for such waste at least once a year.

2. They may also jointly operate collection points and conduct joint collection campaigns.

3. A maximum of 150 kg of special or hazardous waste per household or business may be disposed of each calendar year. Disposal of small quantities up to 25 kg per year and per household or business is free of charge. If the free quantity is exceeded, the entire amount of special waste disposed of becomes subject to a charge. The maximum amount accepted free of charge for certain classes of special waste may be regulated separately.

4. The costs for the collection of hazardous and special waste are borne by the municipalities. The canton bears the costs for the coordination and disposal of special waste, except for waste oils and lead-acid batteries.

1. The competent authority may limit the number of street collections per year or the number of collection points. It shall stipulate the conditions and requirements necessary for an orderly collection in the context of the authorization.

2. If the maintenance of private collection points is neglected or if collected items from street collections are not picked up, the competent authority shall take the necessary measures at the expense of the natural or legal person entitled to collect.

1. The special financing for waste disposal covers all the expenses of the municipalities for tasks assigned to them in the field of waste management. These specifically include the costs for

a) collection, transport, and disposal of household waste, including bulky household waste;

b) collection of hazardous waste from households and small businesses;

c) construction, operation, and maintenance of collection points, including amortization and interest services as well as expenses for value preservation;

d) amortization of public waste facilities;

e) collection, treatment, and recycling or disposal of separately collected waste;

f) contributions to the waste fund;

g) information, advice, and education of the population on waste-related issues;

h) administration and management of waste management.

2. The contributions to the special financing consist of the fees collected according to Art. 29. These are to be credited in full to the special financing.

1. The volume- or weight-dependent fee covers the costs for the collection, transport, and disposal of household waste, including a reasonable share of the expenses for administration as well as information and advice. It is levied through a bag fee, a fee tag, or a weight-based container fee.

2. Effort-based fees may be charged for the collection and treatment of separate waste.

3. A basic fee may be charged for the waste disposal expenses not covered by the fees according to paragraphs 1 and 2. The municipality establishes the assessment basis in the regulation and manages the collection.

1. The security must be guaranteed before the commencement of construction and may not be dissolved until three years after the acceptance of the reclaimed landfill.

2. The amount of the security is determined as part of the construction authorization and is noted in the land register.

1. Any person who excavates significant quantities of soil where there is a risk of contamination or signs of contamination and intends to reuse or deposit it at another location must first test the excavated material for pollutants.

2. If the investigation reveals that the soil is contaminated, the Office for the Environment must be informed. A disposal plan must be submitted to the office for approval.

1. The government council determines the relevant procedure in each individual case.

2. The Office for the Environment assesses preliminary investigations, specifications, and reports related to projects reviewed by a cantonal or municipal authority. The preliminary investigation and the specifications will be assessed within 8 weeks, and the report within 12 weeks, from the receipt of the complete application at the Office for the Environment.

1. The revenue from connection and usage fees shall be fully credited to the special financing for water protection. The municipalities shall set the fees in such a way that the special financing is balanced in the medium term.

1. In the special financing pursuant to Art. 33, appropriate depreciation and provisions for the replacement or substitution of water protection installations must be taken into account. The following rates shall be calculated at a minimum of 60 percent

a) 1.25 percent of the replacement value of the sewage systems;

b) 3 percent of the replacement value of the wastewater treatment facilities;

c) 2 percent of the replacement value of special structures such as stormwater tanks and pumping stations.

2. For the depreciation or provisions according to para. 1 lit. a - c, the calculation must be based on the total replacement value of all installations of the relevant type.

1. Groundwater and spring captures are in the public interest, especially when

a) they are used to fulfill tasks of public water supply,

b) their water serves purposes for which a legal provision requires the use of impeccable drinking water, or

c) they serve to relieve the public water supply by substituting water quantities.

2. In any case, the following are of public interest

a) spring captures with a discharge of at least 10 liters per minute in good quality;

b) spring captures with a discharge of at least 100 liters per minute in any quality.

1. The Office for the Environment

a) serves as the point of contact for authorities and private individuals regarding all questions and concerns related to the use and protection of groundwater, spring water, and surface waters;

b) ensures the coordination of the activities of all cantonal bodies that perform tasks related to the use and protection of groundwater, spring water, and surface waters;

c) monitors the condition of surface waters and groundwater and spring water resources in both quantitative and qualitative aspects and informs the public about it.

1. In the water protection areas A_U and Z_U, the municipalities are responsible for the water protection legal permits for the projects listed below, provided that overriding law does not require a cantonal permit and provided that the project is above the average groundwater level

a) Excavations, earth movements, and similar work, excluding the extraction of gravel, sand, and other materials;

b) Construction and modification of buildings and facilities, excluding state roads.

2. The municipality is also responsible for the approval of projects under paragraph 1 in the water protection areas A_O and Z_O, with the exception regarding the average groundwater level being waived.

1. Outside of groundwater protection zones and areas, the establishment or modification of the following facilities does not require environmental and water protection legal approval

a) Composting facilities for single-family and multi-family houses as well as neighborhoods;

b) Waste collection points operated by the municipalities or the canton itself, except for hazardous waste collection points;

c) Temporary storage for clean excavation or debris material, whereby the provisions of the Technical Ordinance on Waste of December 10, 1990, must be observed.

2. The requirement for approval based on other regulations, particularly building law, remains reserved.

1. The construction, modification, and decommissioning of the buildings and facilities listed below, which do not require an environmental or water protection permit under federal law, must be reported to the Office for the Environment before work commences

a) * Transmission facilities for mobile communications and wireless subscriber connections with a transmission power of less than 6 watts ERP (microcells) as well as radar, broadcasting, and other radio applications with a transmission power of less than 6 watts ERP (microcells) and a transmission duration of less than 800 hours per year;

b) Amalgam separators;

c) * Storage facilities for water-endangering liquids.

2. Corrosion protection works on objects outdoors with surfaces to be treated exceeding 50 m² are also subject to reporting.

3. The report must be submitted in writing and include technical specifications. The obligation to report rests with the owner of the facility or the builders.

4. Permit or reporting obligations based on other provisions, particularly construction law, remain unaffected.

1. Contributions that have been guaranteed under the previous cantonal law for existing facilities will continue to be paid out to the intended extent.

1. The following enactments are amended as follows

a) Regulation on Damage Defense;

b) Regulation to the Act of April 24, 1994, on the Introduction of the Federal Laws on Environmental Protection and Water Protection (Environmental Protection Regulation) is repealed;

c) Regulation of November 3, 1975, on the Disposal of Decommissioned Vehicles and Scrap is repealed.

1. The Executive Council determines the commencement of this Ordinance.