Environmental Protection Act (EPA)

By Steph2
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In The Matter OfEnvironmental Protection Act (EPA)
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Chapter 1 Principles

Art. 1 Aim

1 This Act is intended to protect people, animals and plants, their biological communities and habitats against harmful effects or nuisances and to preserve the natural foundations of life sustainably, in particular biological diversity and the fertility of the soil. 2 Early preventive measures must be taken in order to limit effects which could become harmful or a nuisance.

Para. 1 — Amended by Annex No 4 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391).

Art. 2 Polluter pays principle

Any person who causes measures to be taken under this Act must bear the costs.

Art. 3 Reservation of other legislation

1 Stricter regulations in other federal legislation are reserved. 2 Radioactive substances and ionising rays are covered by the legislation on protection against radiation and on atomic energy.

Para. 2 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).

Art. 4 Implementing provisions based on other federal legislation

1 Regulations on the environmental effects of air pollution, noise, vibrations and radiation that are based on other federal legislation must comply with the principles of limitation of emissions (Art. 11), ambient limit values (Art. 13–15), alarm values (Art. 19) and planning values (Art. 23–25). 2 Regulations on the handling of substances and organisms affecting the environment that are based on other federal legislation must comply with the principles governing environmentally hazardous substances (Art. 26–28) and organisms (Art. 29a–29h).

Para. 1 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445). Para. 2 — Amended by Annex No 4 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391).

Art. 5 Exemptions for reasons of national defence

If the interests of national defence so require, the Federal Council regulates exemptions from the provisions of this Act by means of ordinances.

Art. 6

Repealed by Art. 2 No I of the FD of 27 Sept. 2013 (Aarhus Convention), with effect from 1 June 2014 (AS 2014 1021; BBl 2012 4323).

Chapter 2 General Provisions

Art. 7 Definitions

1 Effects are air pollution, noise, vibrations, radiation, water pollution or other interference in water, soil pollution, modifications of the genetic material of organisms or modifications of biological diversity caused by the construction and operation of installations, by the handling of substances, organisms or waste, or by the cultivation of the soil. 2 Air pollution, noise, vibrations and radiation are referred to as emissions when discharged from installations, and as ambient pollution levels at their point of impact. 3 Air pollution means modification of the natural condition of the air, in particular, through smoke, soot, dust, gases, aerosols, steams, odours or waste heat. 4 Infrasound and ultrasound are regarded as noise. 4bis Soil pollution is the physical, chemical and biological modification of the natural condition of the soil. Soil means the unsealed top layer of land where plants may grow. 5 Substances are natural or manufactured chemical elements and their compounds.

Para. 1 — Amended by Annex No 4 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391). Para. 3 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445). Para. 4bis — Inserted by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445). Para. 5 — Amended by Annex No II 2 of the Chemicals Act of 15 Dec. 2000, in force since 1 Aug. 2005 (AS 2004 4763, 2005 2293; BBl 200

Art. 8 Assessment of effects

Effects are assessed individually, collectively and according to their actions in combination.

Art. 9

Repealed by No I of the FA of 20 Dec. 2006, with effect from 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).

Art. 10 Disaster prevention

1 Any person who operates or intends to operate installations which, in exceptional circumstances, could seriously damage people or their natural environment must take the measures required to protect the population and the environment. In particular, suitable sites must be chosen, the required safety distances must be observed, technical safety measures must be taken and the monitoring of the installation and organisation of the alarm system must be ensured. 2 The cantons coordinate the services responsible for disaster prevention and designate a reporting agency. 3 The operator of the installation must immediately report any extraordinary event to the reporting agency. 4 The Federal Council may prohibit by ordinance certain production methods and the keeping of certain stocks if there is no other way of protecting the population and the natural environment adequately.

Para. 1 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445). Para. 3 — Amended by No I of the FA of 21 Dec. 1995, in force since 1 July 1997 (AS 1997 1155; BBl 1993 II 1445).

Chapter 3 Environmental Impact Assessment

Inserted by No I of the FA of 20 Dec. 2006, in force since 1 July 2007 (AS 2007 2701; BBl 2005 5351, 5391).

Art. 10a Environmental impact assessment

1 Before taking any decision on the planning, construction or modification of installations, an authority must assess their impact on the environment at the earliest possible stage. 2 The requirement of an environmental impact assessment applies to installations that could cause substantial pollution to environmental areas to the extent that it is probable that compliance with regulations on environmental protection can only be ensured through measures specific to the project or site. 3 The Federal Council designates the types of installation that are subject to an environmental impact assessment; it may stipulate threshold values above which the assessment must be carried out. It reviews the types of installation and threshold values periodically and adjusts these if required.

Art. 10b Environmental impact report

1 Any person who wishes to plan, construct or modify an installation that is subject to an environmental impact assessment must submit an environmental impact report to the competent authority. This forms the basis for the environmental impact assessment. 2 The report contains all the information required to assess the project in accordance with the environmental protection regulations. It is drawn up in accordance with the guidelines issued by the environmental protection agencies and includes the following: a. the existing condition; b. the project, including proposed measures for the protection of the environment and in the event of disaster, and an outline of the main alternatives, if need be studied by the applicant; c. the foreseeable residual environmental impact. 3 In order to prepare for the report, a preliminary investigation is carried out. If the preliminary investigation conclusively ascertains the effects on the environment and the environmental protection measures requir

Para. 2 let. b — Amended by Art. 2 No I of the FD of 27 Sept. 2013 (Aarhus Convention), in force since 1 June 2014 (AS 2014 1021; BBl 2012 4323).

Art. 10c Assessment of the report

1 The environmental protection agencies assess the preliminary investigation and the report and proposes the measures required to the competent decision-making authority. The Federal Council issues regulations on the time limits for the assessment. 2 The competent authority must also consult the Federal Office for the Environment (the Federal Office) when the assessment concerns refineries, aluminium smelters, thermal power stations, or large cooling towers. The Federal Council may extend the duty to consult to cover other installations.

Art. 10d Public access to the report

1 Any person may inspect the report and the results of the environmental impact assessment unless overriding public or private interests require secrecy. 2 Manufacturing and business secrecy shall be duly observed.

Chapter 4 Environmental Information

Inserted by Art. 2 No I of the FD of 27 Sept. 2013 (Aarhus Convention), in force since 1 June 2014 (AS 2014 1021; BBl 2012 4323).

Art. 10e Environmental information and advice

1 The authorities shall inform the public adequately about environmental protection and levels of environmental pollution; in particular: a. they shall publish studies on environmental pollution and on the success of measures under this Act (Art. 44); b. they may, provided it is of general interest and having consulted those concerned, publish: 1. the results of the conformity assessment of series-produced installations (Art. 40), 2. the results of inspections of installations, 3. the information under Article 46. 2 Overriding private and public interests in confidentiality and manufacturing and business secrecy are reserved in every case. 3 The environmental protection agencies shall advise the authorities and private individuals. They shall advise the public on environmentally sound behaviour and recommend measures to reduce environmental pollution. 4 Environmental information must if possible be made available as open digital data records.

Art. 10f Environmental reports

The Federal Council shall assess the state of the environment in Switzerland at least every four years and shall submit a report on the results to the Federal Assembly.

Art. 10g Freedom of information in the case of environmental information

1 Any person has the right to inspect environmental information in official documents and information relating to energy regulations that relate the environment and to request information from the authorities about the content of these documents. 2 In the case of federal authorities, this right is governed by the Freedom of Information Act of 17 December 2004 (FoIA). Article 23 FoIA applies only to documents that contain information under paragraph 1 relating to nuclear installations. 3 The right to inspect also applies in the case of public corporations and private individuals who have been entrusted with enforcement duties but which do not have the power to issue rulings in accordance with Article 5 of the Administrative Procedure Act of 20 December 1968. In these cases, the competent enforcement authority shall issue rulings under Article 15 FoIA. 4 In the case of cantonal authorities, the right is governed by cantonal law. If the cantons have not issued provisions on the access to

Para. 2 — SR 152.3 Para. 3 — SR 172.021

Chapter 5 Conserving Natural Resources and Improvi

Inserted by No I of the FA of 15 Sept. 2024, in force since 1 Jan. 2025 (AS 2024 648; BBl 2023 13, 437).

Art. 10h

1 The Confederation and, within the scope of their responsibilities, the cantons shall ensure that natural resources are conserved. They shall in particular commit to reducing the environmental impact of products and buildings throughout their entire life cycle, closing any gaps in material cycles and improving resource efficiency. The environmental impact caused abroad shall be taken into account. 2 The Federal Council shall report regularly to the Federal Assembly on the consumption of natural resources and the development of resource efficiency. It shall identify any need for further action and submit proposals for qualitative and quantitative resource targets aimed at the product or building and its life cycle. As far as possible, it shall use internationally recognised standards to measure these targets. 3 The Confederation and the cantons shall regularly examine whether the legislation they have enacted is hindering industry initiatives to conserve resources and improve the circu