Waters Protection Ordinance (WPO) (WPO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 45 Enforcement by cantonal and federal authorities
1 The cantons shall enforce this Ordinance unless it delegates enforcement to the Confederation. 2 If the federal authorities apply other federal laws, or international treaties or decisions that relate to the subject matter of this Ordinance, they shall also enforce this Ordinance. The cooperation of the FOEN and the cantonal authorities is governed by Article 48 paragraph 1 WPA; statutory duties of secrecy are reserved. 3 At the request of the cantons, the federal authorities shall take account of their provisions and measures, unless fulfilment of the tasks of the federal authority is thereby rendered impossible or made disproportionately difficult. 4 If the federal authorities enact administrative ordinances such as guidelines or instructions that concern waters protection, they shall consult the FOEN. 5 The Federal Department of the Environment, Transport, Energy and Communications (the Department) may, if required, amend the lists of parameters and the numerical requirements for
Art. 45 — Amended by No II 12 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 March 2000 (AS 2000 703). Para. 5 — Inserted by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791).
Art. 46 Co-ordination
1 Where required, the cantons shall coordinate measures under this Ordinance with each other and with measures in other sectors. They shall also ensure the coordination of the measures with those of neighbouring cantons. 1bis They shall take account of plans under this Ordinance when drawing up structure and land use plans. 2 In drawing up the supply plan for drinking water, they include both groundwater resources already used and those intended for exploitation and ensure that water withdrawals are co-ordinated so that no excessive withdrawals take place and the groundwater resources are used economically. 3 In granting authorisations for discharges and infiltration under Articles 6-8 the authorities shall take account of both the requirements of the Environmental Protection Act of 7 October 1983 on public protection from odour emissions as well as the requirements of the Employment Act of 13 March 1964 and the Accident Insurance Act of 20 March 1981 on protection of the health of sta
Art. 46 — Amended by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955). Para. 1 — Amended by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955). Para. 1bis — Inserted by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955). Para. 3 — SR 814.01 Para. 3 — SR 822.11 Para. 3 — SR 832.20
Art. 47 Procedures for polluted waters
1 If the authorities establish that a body of water does not fulfil the requirements of Annex 2 on water quality or that the specific use of the body of water cannot be guaranteed they shall: a. determine and assess the type and extent of the pollution; b. determine the causes of the pollution; c. assess the effectiveness of possible measures; d. ensure that the required measures are undertaken based on the relevant regulations. 2 If several sources of pollution are involved, the measures to be taken by those responsible must be coordinated.
Art. 47a Inspection of filling and washing stations
1 The cantons shall survey and inspect at least once every four years the filling and washing stations of professional or commercial users of plant protection products where sprayers are filled or washed out. 2 They shall ensure that any defects identified are rectified immediately or within two years at the latest, depending on the severity of the risk of pollution to the waters. 3 They shall report to the FOEN every four years on the status of the surveys, inspections, defects identified and their rectification.
Art. 47a — Inserted by No I of the O of 16 Dec. 2022, in force since 1 Feb. 2023 (AS 2023 3). See also the Transitional Provision to this amendment at the end of the text.
Art. 48 Investigations and assessments
1 Investigations and assessments are subject to the recognised state of the art; in particular, the relevant standards of the European Committee for Standardisation (CEN) or other standards that provide equivalent results apply. 2 Insofar as this Ordinance contains no regulations on the type and frequency of sampling or the assessment of compliance with requirements, the authorities shall specify such regulations on a case-by-case basis. 3 The cantons shall notify the FOEN of the results of their investigations and findings regarding pesticides in waters by 1 June of each year as specified by the FOEN.
Para. 1 — Standards may be viewed free of charge or obtained for a fee from the Swiss Association for Standardisation (SNV), Sulzerallee 70, 8404 Winterthur; www.snv.ch Para. 3 — Inserted by No I of the O of 16 Dec. 2022, in force since 1 Feb. 2023 (AS 2023 3).
Art. 48a Reporting of limit value exceedances
1 The FOEN shall notify the authorisation bodies for plant protection products and biocidal products of pesticides for authorisation review if: a. these or their degradation products repeatedly and widely exceed the limit value of 0.1 µg/l in waters used or intended for use for drinking water (Art. 9 para. 3 let. a WPA); or b. these repeatedly and widely exceed the ecotoxicological limit values in surface waters (Art. 9 para. 3 let. b WPA). 2 The ecotoxicological limit values are the numerical requirements for water quality in accordance with Annex 2 No 11 paragraph 3 Table number 4 which deviate from the general value of 0.1 µg/l. 3 A limit value in accordance with Article 9 paragraph 3 WPA is considered to be repeatedly and widely exceeded for waters that are used or intended for use for drinking water if: a. it is exceeded in at least three cantons within one year; b. it is exceeded in at least five per cent of all waters studied; and c. a distribution according to letters a and b i
Art. 48a — Inserted by No I of the O of 16 Dec. 2022, in force since 1 Feb. 2023 (AS 2023 3).
Art. 49 Information
1 The FOEN shall provide information on the state of waters and waters protection, provided this is in the interest of Switzerland as a whole. In particular it shall publish reports on the state of waters protection in Switzerland. The cantonal authorities shall provide the necessary information. 2 The cantonal authorities shall provide information on the state of waters and waters protection in their canton. At the same time, they shall also provide information on the measures taken and their impact and on bathing sites where the requirements for bathing are not met (Annex 2 no 11 para. 1 let. e).
Para. 2 — Amended by No I of the O of 4 May 2011, in force since 1 June 2011 (AS 2011 1955).
Art. 49a Geoinformation
The FOEN shall provide specifications for the minimum geodata models and presentation models for the official geodata under this Ordinance for which it is designated federal specialist authority in Annex 1 to the Geoinformation Ordinance of 21 May 2008.
Art. 49a — Inserted by Annex 2 No 7 of the O of 21 May 2008 on Geoinformation, in force since 1 July 2008 (AS 2008 2809). SR 510.620
Art. 50
Repealed by No III 2 of the O of 12 Aug. 2015, with effect from 1 Oct. 2015 (AS 2015 2903).
Art. 51 International decisions, recommendations and commissions
1 The Department is authorised to approve decisions and recommendations that are based on the following international agreements, with the agreement of the Federal Department of Economic Affairs, Education and Research: a. convention of 22 September 1992 for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention); b. convention of 29 April 1963 on the International Commission for Protection of the Rhine against Pollution; c. convention of 3 December 1976 on the Protection of the Rhine against Chemical Pollution. 2 The FOEN shall supply the approved decisions and recommendations to third parties on request. 3 The Department shall elect members of the Swiss delegations to the inter-state commissions for protection of waters.
Art. 51 — Amended by No II 12 of the O of 2 Feb. 2000 to the Federal Act on the Coordination and Simplification of Decision-Making Procedures, in force since 1 March 2000 (AS 2000 703). Para. 1 — Amended by No I of the O of 4 Nov. 2015, in force since 1 Jan. 2016 (AS 2015 4791). Para. 1 let. a — SR 0.814.293 Para. 1 let. b — [AS 1965 388, 1979 93. AS 2003 1934 Art. 19 No 2, 3]. Today: Convention of 12 April 1999 on the International Commission for Protection of the Rhine against Pollution (SR 0.
