Waters Protection Ordinance (WPO) (WPO)

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In The Matter OfWaters Protection Ordinance (WPO) (WPO)
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.

Art. 29 Designation of water protection areas and determination of groundwater protection zones and areas

1 When dividing their territory into water protection areas (Art. 19 WPA), the cantons shall indicate those at particular risk and the other areas. Those described in Annex 4 number 11 as at particular risk include: a. water protection area Au for the protection of exploitable underground waters; b. water protection area Ao for the protection of water quality of surface waters if this is required to guarantee a specific use of a body of water; c. the area of contribution Zu intended for the protection of water quality at existing and planned groundwater wells serving the public interest if the water is polluted by substances which are not sufficiently degraded or retained, or if there is a genuine risk of pollution by such substances; d. the area of contribution Zo intended for the protection of water quality of surface waters if water is polluted by run-off of pesticides or nutrients. 2 They shall designate groundwater protection zones (Art. 20 WPA) described in Annex 4 number 12 in o

Para. 1 let. d — Amended by No II 9 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act, in force since 1 Aug. 2005 (AS 2005 2695).

Art. 30 Water protection maps

1 The cantons shall draw up waters protection maps and adjust these as necessary. The waters protection maps shall indicate as a minimum: a. water protection areas; b. groundwater protection zones; c. groundwater protection areas; d. groundwater outflow points, wells and recharge installations that are of significance for water supply. 2 The waters protection maps shall be accessible to the public. The cantons shall provide the Federal Office for the Environment (FOEN) and neighbouring cantons concerned with the waters protection maps and their annual modifications in digital form.

Para. 2 — Amended by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791).

Art. 31 Protection measures

1 Any person who constructs or alters installations or carries out activities which represent a risk to waters in areas particularly at risk (Art. 29 para. 1) as well as in groundwater protection zones and areas must take all measures expedient for the protection of the waters according to the circumstances and in particular must: a. take the measures required under Annex 4 number 2; b. set up the necessary monitoring, alarm and stand-by arrangements. 2 The authorities shall ensure that: a. for existing installations in areas under paragraph 1, where there is a genuine risk of pollution of the waters, measures to protect waters, especially those under Annex 4 number 2, are taken, according to circumstances; b. existing installations in groundwater protection Zones S1 and S2 that endanger a groundwater well or a recharge installation are removed within an appropriate period of time, and that until removal of these installations other measures for protecting the drinking water are taken,

Art. 32 Authorisations for installations and activities in areas particularly at risk

1 ... 2 In the areas particularly at risk (Art. 29) an authorisation is especially required for: a. underground buildings; b. installations which damage protective layers or aquicludes; c. using the groundwater (including use for heating or cooling purposes); d. permanent drainage and irrigation; e. exposure of the groundwater table; f. drillings; g. storage installations for liquid manure and liquid digestate; h. storage installations for liquids that may pollute waters already in small quantities and with a usable volume of more than 2000 l per storage tank; i. storage installations for liquids that may pollute waters in groundwater protection zones and areas with a usable volume of more than 450 l; j. transhipment areas for liquids which may pollute waters. 3 If authorisation is required, the applicant must prove that the requirements for protection of waters are fulfilled and provide the documents necessary for this (if necessary hydro-geological investigations). 4 The authorities

Para. 1 — Repealed by No I of the O of 18 Oct. 2006, with effect from 1 Jan. 2007 (AS 2006 4291). Para. 2 — Amended by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4291). Para. 2 let. g — Inserted by No I of the O of 18 Oct. 2006 (AS 2006 4291). Amended by Annex 9 No 2 of the Direct Payments Ordinance of 23 Oct. 2013, in force since 1 Jan. 2014 (AS 2013 4145). Para. 2 let. h — Inserted by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4291). Para. 2 let.

Art. 32a Inspection of storage installations for liquids which may pollute waters

1 The persons responsible for storage installations for liquids that may pollute waters that require authorisation must arrange for an external visual inspection to be conducted every ten years in order to check for defects. 2 An internal visual inspection must be conducted every ten years for: a. storage tanks with more than 250 000 l usable volume that do not have a protective construction or a double-walled floor; b. single-walled underground storage tanks. 3 The persons responsible must arrange for the inspection of the proper functioning of the leak detection system in storage installations for liquids which may pollute waters every two years in the case of double-walled containers and pipes and every year in the case of single-walled containers and pipes.

Art. 32a — Inserted by No I of the O of 18 Oct. 2006, in force since 1 Jan. 2007 (AS 2006 4291). Para. 1 — Amended by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791).