Waste Ordinance (ADWO)

By Steph2
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In The Matter OfWaste Ordinance (ADWO)
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.

Section 1 General Regulations

Art. 26 State of the art

1 Waste disposal facilities must be constructed and operated according to the state of the art. 2 Every ten years, the proprietors of waste disposal facilities must review whether their facility corresponds to the state of the art, and carry out any modifications required.

Art. 27 Facility

1 Proprietors of waste disposal facilities must: a. operate the facilities so that no harmful effects or nuisances are occasioned to the environment if possible; b. check the waste on receipt and ensure that only acceptable waste is disposed of in the facilities; c. dispose of residues forming in the facilities in an environmentally compatible manner; d. ensure that the energy content of the waste is exploited as far as possible in its disposal; e. keep a record of the quantities of waste disposed of with details of their origin and of the residues and emissions arising in the facilities, and submit that record to the authority each year; the foregoing does not apply to temporary storage sites in accordance with Articles 29 and 30; f. ensure that they themselves and their staff have the required specialist knowledge to operate the facilities properly and provide the authority on its request with the relevant proof of basic and continuing education and training; g. check and maintain th

Para. 1 let. a — The correction of 19 July 2016 relates to the French text only (AS 2016 2629). Para. 1 let. e — Amended by No I of the O of 25 June 2025, in force since 1 Aug. 2025 (AS 2025 453).

Art. 28 Supervision and rectification of defects

1 The authority shall check regularly whether a waste disposal facility complies with the environmental regulations. 2 If it identifies defects, it shall require the proprietor of the facility to rectify the same within reasonable time.

Section 2 Temporary Storage Sites

Art. 29 Construction

1 Temporary storage sites may only be constructed if the requirements of environmental and in particular waters protection legislation are satisfied. 2 At landfills, the material in temporary storage sites must satisfy the requirements for the type of landfill concerned 3 The waste stored temporarily must be kept separate from the waste landfill.

Art. 29 — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801).

Art. 30 Operation and provision of security

1 Waste may be temporarily stored for a maximum of five years. On expiry of the storage period, the authority may on one occasion only extend the temporary storage by no more than five years provided suitable disposal was demonstrably not possible within the previous storage period. 2 Waste suitable for fermentation and decomposition that is compressed into bales may be temporarily stored in landfills of types C-E and at facilities for the incineration of waste. [tab] 3 The cantonal authority may require the proprietors of temporary storage sites to provide security in the form of a bank guarantee or insurance to cover the costs of a damaging event. 4 ...

Art. 30 — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801). Para. 2 — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801). Para. 2 let. tab — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801). Para. 4 — Repealed by No I of the O of 12 Feb. 2020, with effect from 1 April 2020 (AS 2020 801).

Section 3 Facilities for the Incineration of Waste

Art. 31 Construction

Facilities may be constructed or their capacity increased for the incineration of waste provided the structural elements guarantee that: a. no diffuse waste gases are emitted; b. at facilities that treat liquid waste with a flashpoint below 60 °C and infectious special waste, such waste can be placed in the incineration chamber separately from the other waste and as directly as possible; c. at facilities that incinerate municipal waste or waste of similar composition, at least 80 per cent of the energy content is used outside the facilities; the use of energy to capture CO2 from flue gas is regarded as use outside the facilities.

Amended by No I of the O of 23 Feb. 2022, in force since 1 April 2022 (AS 2022 161). let. b — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801). let. c — Inserted by No I of the O of 23 Feb. 2022, in force since 1 April 2022 (AS 2022 161).

Art. 32 Operation

1 Only waste that is suitable for incineration may be treated in facilities for the incineration of waste. 2 Proprietors of facilities must operate them so that: a. at least 55 per cent of the energy content of municipal waste and waste of similar composition is used outside the facilities; the use of energy to capture CO2 from flue gas is regarded as use outside the facilities; b. on treatment, halogenated organic compounds are broken down as completely as possible and only reform to a minimal extent; c. special waste that contains more than one per cent by weight of organically bonded halogens is treated at a minimum temperature of 1100 °C for at least 2 seconds; the authority may permit other minimum temperatures and treatment times if it is proven that this does not result in more residues from incineration and that the residues do not contain higher levels of organic pollutants such as PAKs, PCDDs, PCDFs or PCBs; d. liquid waste with a flashpoint below 60 °C and infectious special

Para. 2 let. a — Amended by No I of the O of 23 Feb. 2022, in force since 1 April 2022 (AS 2022 161). Para. 2 let. c — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801). Para. 2 let. d — Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801). Para. 2 let. h — Inserted by No I of the O of 25 June 2025, in force since 1 Aug. 2025 (AS 2025 453).

Section 4 Composting and Fermentation Facilities

Art. 33 Construction

1 Composting and fermentation facilities that accept more than 100 t waste each year must be constructed on a surface impermeable to water; the foregoing does not apply to windrows at field-edge composting sites. A windrow may be used for one year at the most in any three-year period. 2 The structural elements must guarantee that: a. the waste water on any surface impermeable to waters can be collected, discharged and if necessary treated; b. gaseous effluents produced in closed spaces can be treated if necessary; c. suitable measures are taken to prevent or reduce emissions of greenhouse gases. 3 Storage capacity in the facility of at least three months for compost and solid digestates and of at least five months for liquid digestates must be available or contractually guaranteed. The authority may require a longer storage capacity for facilities in the mountain region or in unfavourable climatic or special agronomic conditions.

Art. 34 Operation

1 In composting and fermentation facilities that accept more than 100 t of waste each year, biogenic waste may only be allowed to decompose or ferment if it is suitable for the relevant procedure due to its properties, and in particular its nutrient and pollutant content, and for recovery as fertiliser as defined in Article 5 of the Fertiliser Ordinance of 10 January 2001 (FertO). Waste that is fermented in facilities for co-fermentation in waste water treatment plants is exempt from the requirement of suitability as fertiliser. 2 Packaged biogenic waste may only be allowed to decompose or ferment in composting and fermentation facilities in accordance with paragraph 1 other than waste water treatment plants if: a. the packaging is bio-degradable and suitable for the procedure concerned; or b. the packaging is as far as possible removed before or during decomposition or fermentation. 3 The regulations in the FertO and the ORRChem relating to compost and digestates also apply.

Para. 1 — [AS 2001 522; 2003 940 Annex No 3, 4793 No I 7, 4923; 2005 2695 No II 18; 2007 6295; 2008 4377 Annex No 12; 2010 2631 Annex No 3; 2011 2403, 2699 Annex 8 No II 3; 2013 3971; 2015 1903 Annex 6 No 7; 2016 277 Annex No 8; 2018 4205; 2020 5125 Annex 4; 2021 686; 2022 265 Annex No 2. AS 2023 711 Annex 5 No I]. See the O of 1 Nov. 2023 (SR 916.171). Para. 3 — SR 814.81

Section 5 Landfills

Art. 35 Types of landfills

1 The following types of landfills may be constructed and operated: a. Type A for waste in accordance with Annex 5 number 1; b. Type B for waste in accordance with Annex 5 number 2; c. Type C for waste in accordance with Annex 5 number 3: d. Type D for waste in accordance with Annex 5 number 4; e. Type E for waste in accordance with Annex 5 number 5. 2 Landfills may have compartments for different types in accordance with paragraph 1. 3 Where landfills are made up of two or more compartments, the requirements for the relevant type of waste apply to the compartments concerned.

Art. 36 Location and structure of landfills

1 The requirements specified in Annex 2 apply to the location and the structure of landfills. 2 Type E landfills may not be constructed underground. Other landfills may be constructed underground with the FOEN’s consent provided: a. the waste is deposited in a stable cavity until the end of the after-care phase; b. it is demonstrated that the landfills, with the exception of Type A landfills, cannot harm the environment until the end of the after-care phase; c. in the case of Type D landfills, only slag is deposited that originates from facilities in which municipal waste or waste of similar composition is incinerated and appropriate measures are taken to prevent the build-up of gases. 3 In cases where it is permitted under the waters protection legislation to divert a body of flowing water for the construction of a landfill: a. the bodies of water must be diverted around the landfill; b. it must be ensured that no water can intrude into the landfill.

Art. 37 Minimum volume

1 Landfills must be of at least the following exploitable volumes: a. Type A: 50 000 m3; b. Type B and Type C: 100 000 m3; c. Type D and Type E: 300 000 m3. 2 If landfills comprise compartments for different types, the type of compartment with the largest exploitable minimum volume determines the minimum volume of the entire landfill 3 The cantonal authorities may with the FOEN’s consent authorise the construction of landfills with lower volumes if this is appropriate given the geographical circumstances.

Art. 38 Authorisation

1 Any person who wishes to construct a landfill or a compartment requires a construction permit from the cantonal authority. 2 Any person who wishes to operate a landfill or a compartment requires an operating licence from the cantonal authority.

Art. 39 Construction permit

1 The cantonal authority shall grant the construction permit for a landfill or a compartment provided: a. the requirements for landfill volume and the location of the landfill are indicated in the waste management plan; b. the requirements under Article 36 for the location and building of landfills are met. 2 In the construction permit, it shall specify: a. the type the landfill or of the compartment; b. any restrictions on the acceptable waste in accordance with Annex 5; c. further requirements and conditions that are necessary for compliance with the environmental and waters protection legislation.

Art. 40 Operating licence

1 The cantonal authority shall grant the operating licence for a landfill or a compartment if: a. the landfill structure has been constructed in accordance with the approved construction plans; b. operating regulations in accordance with Article 27 paragraph 2 are available; and c. a preliminary plan for closure is available together with proof that the costs of closure in accordance with the preliminary plan and for the anticipated after-care will be covered. 2 It shall verify compliance with paragraph 1 letter a on the basis of documentation from the applicant and by carrying out an on-site inspection of the landfill structure. 3 The authority shall specify the following in the operating licence: a. the type the landfill or of the compartment; b. any catchment areas; c. any restrictions on the waste acceptable in accordance with Annex 5; d. measures to comply with the operating requirements in accordance with Article 27 paragraph 1, in particular the frequency of inspections; e. moni

Art. 41 Monitoring of collected leachate and the groundwater

1 The proprietors of landfills must analyse the collected leachate at least twice each year. 2 They must analyse the ground water at least twice each year if monitoring is required to protect waters as a result of the hydrogeological conditions. For Type A landfills, groundwater monitoring is only required if they are located above exploitable underground waters or in the adjoining zones required for their protection. 3 If monitoring of the groundwater is required in accordance with paragraph 2, proprietors must ensure that groundwater samples may be taken in the immediate vicinity of the landfill or the compartment, and if possible at three locations in the downstream area and one location in the upstream area. 4 They must document the analyses and submit the results to the authority.

Art. 42 Closure plan

1 The proprietor of a landfill or a compartment shall submit a plan for carrying out the required closure work to the cantonal authority at the earliest three years and at the latest six months before the closure of the landfill. 2 The cantonal authority shall approve the plan if: a. it satisfies the requirements of Annex 2 number 2.5 for surface closure; b. there is a guarantee that the requirements for the facilities under Annex 2 numbers 2.1–2.4 will be met for the entire after-care phase; c. if applicable, provision is made in accordance with Article 53 paragraph 4 for measures to ensure that the landfill causes no harm or nuisance to the environment.

Art. 43 After-care

1 The after-care phase for a landfill or a compartment begins after the closure of the landfill or the compartment and lasts for 50 years. The cantonal authority shall reduce the after-care phase provided harmful effects or nuisances to the environment are no longer expected. The after-care phase shall however last for at least: a. 5 years in the case of landfills or compartments of Types A and B; b. 15 years in the case of landfills or compartments of Types C, D and E. 2 The proprietor of a landfill or a compartment must ensure for the entire after-care phase that: a. the facilities satisfy the requirements of Annex 2 number 2.1–2.4 and are regularly inspected and maintained; b. the ground water, collected leachate and the landfill gases are monitored, provided monitoring in accordance with Article 41 and Article 53 paragraph 5 is required. 3 The proprietor must ensure that the surface soil fertility is monitored for five years following closure of a landfill or a compartment. 4 The c