1. État, peuple, "Authorities" 10. Constitution and Other Fundamental Acts
Table of Provisions (8)
Statutory Text (8 Provisions)
The present agreement governs the effects of the transfer of the municipal commune of Moutier (hereinafter: "the commune of Moutier") into the Republic and Canton of Jura (hereinafter: "the canton of Jura") on the management of polluted sites present on the territory of the commune of Moutier.
**1. Remediation of Site No. 07000055 of the Bernese Contaminated Sites Register**
1. The remediation of Site No. 07000055 of the Bernese Contaminated Sites Register (hereinafter: "Site No. 07000055 of the Bernese Register") falls under the jurisdiction of the Canton of Bern, even after the date of the transfer of the Municipality of Moutier to the Canton of Jura (hereinafter: "the date of the transfer").
2. Remediation must be carried out as promptly as possible.
3. Post-remediation monitoring is conducted by the Environmental Office of the Canton of Jura, after consultation with the Water and Waste Office of the Canton of Bern.
From the date of transfer, all documents and data related to the remediation process of site no. 07000055 in the Bernese cadastre must be submitted for consultation to the Office of the Environment of the Canton of Jura.
1 The remediation costs for site no. 07000055 in the Bernese cadastre shall be borne by the canton of Bern, even after the transfer date.
2 These costs are defined as all expenses falling within the scope of Article 32d of the Federal Act of October 7, 1983, on Environmental Protection, including in particular the costs of detailed investigation, remediation costs, and monitoring costs, including post-remediation monitoring of the site.
3 Notwithstanding paragraph 1, the costs generated exclusively by post-remediation monitoring after the first two years following the completion of the remediation of site no. 07000055 in the Bernese cadastre shall be borne by the canton of Jura.
1 Once site no. 07000055 of the Bernese cadastre has been remediated, the canton of Jura, through its Office of the Environment, is responsible for the planning and execution of additional remediation measures resulting from the failure to achieve remediation objectives or the identification of a problem related to the remediation.
2 The additional remediation measures related to paragraph 1 must be validated by the Office of Water and Waste of the canton of Bern.
3 The costs of the additional remediation measures related to paragraph 1 and validated by the Office of Water and Waste of the canton of Bern shall be borne by the canton of Bern.
1 The Water and Waste Office of the Canton of Bern transfers to the Environment Office of the Canton of Jura the various investigation reports (historical, technical, and detailed), variant studies, remediation projects, remediation reports, and any other documents deemed useful for the management of contaminated sites located in the municipality of Moutier. The same applies to the archives and related positions of the Water and Waste Office of the Canton of Bern.
2 The documents mentioned in this article are transmitted free of charge in electronic format or paper format.
3 The transfer of the data mentioned in this article is carried out no later than the date of the transfer.
The Office of Geographic Information of the Canton of Bern transfers to the Spatial Development Service of the Canton of Jura the cadastre data concerning contaminated sites located in the municipality of Moutier, registered in the Bernese register of contaminated sites no later than the date of transfer.
This agreement shall enter into force on October 1, 2025.