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Ordinance
on the Avoidance and the Disposal of Waste
(Waste Ordinance, ADWO)

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

of 4 December 2015 (Status as of 1 January 2021)

The Swiss Federal Council,

on the basis of Articles 29, 30a letter c, 30bparagraph 1, 30cparagraph 3, 30dletter a, 30h paragraph 1, 39 paragraph 1, 45 and 46 paragraph 2 of the Environmental Protection Act of 7 October 19831 (EPA),
and Articles 9 paragraph 2 letter c, 16 letter c and 47 paragraph 1
of the Waters Protection Act from 24 January 19912,

ordains:

1 SR 814.01

2SR 814.20

Chapter 1 Aim, Scope of Application and Definitions

Art. 1 Aim  

This Or­din­ance aims to:

a.
pro­tect people, an­im­als, plants and their bio­lo­gic­al com­munit­ies, wa­ters, the soil and the air from harm­ful ef­fects or nuis­ances caused by waste;
b.
to lim­it en­vir­on­ment­al pol­lu­tion by waste through pre­cau­tion­ary meas­ures;
c.
to en­cour­age the sus­tain­able use of nat­ur­al raw ma­ter­i­als through the en­vir­on­ment­ally sus­tain­able re­cov­ery of waste.
Art. 2 Scope of application  

This Or­din­ance ap­plies to the avoid­ance and dis­pos­al of waste and to the con­struc­tion and op­er­a­tion of waste dis­pos­al fa­cil­it­ies. Spe­cial reg­u­la­tions on in­di­vidu­al types of waste in oth­er fed­er­al acts and or­din­ances are re­served.
Art. 3 Definitions  

In this Or­din­ance:

a.3
mu­ni­cip­al waste means:
1.
waste from house­holds,
2.
waste from busi­nesses with few­er than 250 full-time em­ploy­ees the com­pos­i­tion of which in in­gredi­ents and pro­por­tions is sim­il­ar to waste from house­holds,
3.
waste from pub­lic au­thor­it­ies the com­pos­i­tion of which in in­gredi­ents and pro­por­tions is sim­il­ar to waste from house­holds;
b.
un­der­tak­ing means a leg­al en­tity with its own iden­ti­fic­a­tion num­ber or such en­tit­ies com­bined in a group with a jointly or­gan­ised waste dis­pos­al sys­tem;
c.
spe­cial waste means waste des­ig­nated as spe­cial waste in the list of wastes is­sued in Art­icle 2 of the Or­din­ance of 22 June 20054 on Move­ments of Waste (OMW);
d.
bio­gen­ic waste means waste of ve­get­able, an­im­al or mi­cro­bi­al ori­gin;
e.
con­struc­tion waste means waste pro­duced in the con­struc­tion, con­ver­sion or dis­mant­ling of fixed in­stall­a­tions;
f.
ex­cav­ated ma­ter­i­almeans ma­ter­i­al that is ex­cav­ated or ex­trac­ted in the course of con­struc­tion work, with the ex­cep­tion of any top­soil and sub­soil re­moved;
fbis.5
mer­cury waste:
1.
waste that con­tains mer­cury or mer­cury com­pounds,
2.
mer­cury or mer­cury com­pounds ori­gin­at­ing from the treat­ment of mer­cury waste in terms of num­ber 1; the fore­go­ing does not ap­ply to mer­cury that has been au­thor­ised for ex­port un­der An­nex 1.7 Num­bers 2.2.4 or 4.2 of the Chem­ic­al Risk Re­duc­tion Or­din­ance of 18 May 20056 (OR­RChem),
3.
mer­cury or mer­cury com­pounds that is or are no longer re­quired in in­dus­tri­al pro­cesses;
g.
waste dis­pos­al fa­cil­ity means an in­stall­a­tion in which waste is treated, re­covered, de­pos­ited or tem­por­ar­ily stored, with the ex­cep­tion of ma­ter­i­al ex­trac­tion sites in which ex­cav­ated ma­ter­i­al is re­covered;
h.7
...
i.
com­post­ing fa­cil­itymeans a waste dis­pos­al fa­cil­ity in which bio­gen­ic waste de­com­poses while ex­posed to the air;
j.8
fer­ment­a­tion fa­cil­itymeans a waste dis­pos­al fa­cil­ity in which bio­gen­ic waste is al­lowed to fer­ment in the ab­sence of air;
k.
land­fill means a waste dis­pos­al fa­cil­ity in which waste is de­pos­ited;
l.
in­cin­er­a­tion means the treat­ment of waste at a tem­per­at­ure that is suf­fi­ciently high that sub­stances haz­ard­ous to the en­vir­on­ment are des­troyed or phys­ic­ally or chem­ic­ally bon­ded by min­er­al­isa­tion;
m.
state of the art means the latest stage of de­vel­op­ment of pro­ced­ures, in­stall­a­tions and op­er­at­ing meth­ods which:
1.
have been suc­cess­fully tested in com­par­able fa­cil­it­ies or activ­it­ies in Switzer­land or abroad or have been used suc­cess­fully in tri­als and may be used in oth­er fa­cil­it­ies or activ­it­ies in ac­cord­ance with the rules of the tech­no­logy, and
2.
is eco­nom­ic­ally vi­able in a me­di­um-sized and eco­nom­ic­ally sound en­ter­prise in the rel­ev­ant in­dustry.

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

4 SR814.610

5 In­ser­ted by No II 1 of the O of 25 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 5963).

6 SR 814.81

7 Re­pealed by No I of the O of 12 Feb. 2020, with ef­fect from 1 April 2020 (AS 2020 801).

8 The cor­rec­tion of 19 Ju­ly 2016 relates to the Itali­an text only (AS 20162629).

Chapter 2 Planning and Reporting

Art. 4 Waste management plans  

1 The can­tons shall each draw up a waste man­age­ment plan for their ter­rit­ory. It shall in­clude in par­tic­u­lar:

a.
meas­ures to avoid waste;
b.
meas­ures to re­cov­er waste;
c.
the num­ber of fa­cil­it­ies re­quired to dis­pose of mu­ni­cip­al waste and oth­er types of waste that the can­tons are re­spons­ible for dis­pos­ing of;
d.
the land­fill volume re­quired and the loc­a­tions of land­fills (land­fill plan);
e.
the re­quired catch­ment areas.

2 The can­tons shall work to­geth­er on their waste man­age­ment plans, in par­tic­u­lar on the mat­ters men­tioned in para­graph 1 let­ters c–e and shall if ne­ces­sary des­ig­nate in­ter­can­t­on­al plan­ning re­gions for this pur­pose.

3 They shall re­view their waste man­age­ment plans every five years and amend them if ne­ces­sary.

4 The can­tons shall sub­mit their waste man­age­ment plans and the sig­ni­fic­ant re­vi­sions there­of to the Fed­er­al Of­fice for the En­vir­on­ment (FOEN).
Art. 5 Coordination with the spatial planning  

1 The can­tons shall take ac­count of the res­ults of the waste man­age­ment plan rel­ev­ant to spa­tial plan­ning in their struc­ture plans.

2 They shall in­dic­ate the planned loc­a­tions of land­fills in the land­fill plan in their struc­ture plans and en­sure that the re­quired land use zones are set aside.
Art. 6 Reporting  

1 Each year, the can­tons shall draw up pub­licly ac­cess­ible lists with the fol­low­ing in­form­a­tion and sub­mit the same to the FOEN:

a.
quant­it­ies of types of waste men­tioned in An­nex 1 that are dis­posed of on their ter­rit­ory;
b.9
fa­cil­it­ies for treat­ing con­struc­tion waste and fa­cil­it­ies for treat­ing metal­lic waste on their ter­rit­ory in which more than 1000 t waste is treated each year;
c.
oth­er waste dis­pos­al fa­cil­it­ies on their ter­rit­ory in which more than 100 t waste is dis­posed of each year.

2 The Fed­er­al De­part­ment of the En­vir­on­ment, Trans­port, En­ergy and Com­mu­nic­a­tions may the re­vise the types of waste spe­cified in An­nex 1 to take ac­count of tech­nic­al de­vel­op­ments.

3 The can­tons shall sub­mit a re­port to the FOEN on re­quest on the op­er­a­tion and con­di­tion of the land­fills on their ter­rit­ory.10 The re­port shall con­tain the fol­low­ing in­form­a­tion in par­tic­u­lar:

a.
the quant­ity and type of the de­pos­ited waste as well as re­main­ing quant­it­ies of ex­ist­ing land­fills;
b.
in the case of new land­fills and al­ter­a­tions to ex­ist­ing land­fill sites: evid­ence that the fa­cil­it­ies on the site sat­is­fy the re­quire­ments of An­nex 2 num­bers 2.1–2.4;
c.
where ap­plic­able, any meas­ures taken un­der Art­icle 53 para­graph 4 to pre­vent pos­sible harm­ful ef­fects or nuis­ances be­ing caused to the en­vir­on­ment by land­fills.

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

10 Amended by No I of the O of 21 Sept. 2018, in force since 1 Nov. 2018 (AS 2018 3515).

Chapter 3 Avoidance, Recovery and Deposit of Waste

Section 1 General Regulations

Art. 7 Information and advice  

1 The en­vir­on­ment­al pro­tec­tion agen­cies shall in­form and ad­vise private in­di­vidu­als and au­thor­it­ies on how to avoid pro­du­cing waste and to dis­pose of waste. Among oth­er is­sues, they shall provide in­form­a­tion on the re­cov­ery of waste and on meas­ures to avoid throw­ing away small quant­it­ies of waste or leav­ing it ly­ing around.

2 Based on the re­ports from the can­tons (Art. 6 para. 1), the FOEN shall pub­lish re­ports on the quant­it­ies of waste dis­posed of throughout Switzer­land and on ex­ist­ing waste dis­pos­al fa­cil­it­ies as in Switzer­land.
Art. 8 Training  

In co­oper­a­tion with the can­tons and em­ploy­ment or­gan­isa­tions, the Con­fed­er­a­tion shall en­sure that per­sons car­ry­ing out activ­it­ies in con­nec­tion with the dis­pos­al of waste are taught the state of the art in their ba­sic and con­tinu­ing pro­fes­sion­al train­ing.
Art. 9 Mixing ban  

Waste of one types may not be mixed with oth­er waste or with ag­greg­ates if this is primar­ily in­ten­ded to re­duce the pol­lut­ant con­tent of the waste by di­lu­tion and thereby to com­ply with reg­u­la­tions on the con­sign­ment, re­cov­ery or land­fill of waste.
Art. 10 Obligation to incinerate  

Mu­ni­cip­al waste and waste of sim­il­ar com­pos­i­tion, sewage sludge, com­bust­ible frac­tions of con­struc­tion waste and oth­er com­bust­ible waste must be in­cin­er­ated in ap­pro­pri­ate fa­cil­it­ies, un­less their con­stitu­ents may be re­covered.

Section 2 Avoidance of Waste

Art. 11  

1 The FOEN and the can­tons shall en­cour­age the avoid­ance of waste through ap­pro­pri­ate meas­ures such as rais­ing the aware­ness of and provid­ing in­form­a­tion to the pub­lic and busi­nesses. In do­ing so, they shall work with the private sec­tor or­gan­isa­tions con­cerned.

2 Any per­son who man­u­fac­tures products must or­gan­ise the pro­duc­tion pro­cesses ac­cord­ing to the state of the art so that as little waste as pos­sible is pro­duced and any waste that is pro­duced con­tains as few sub­stances as pos­sible that harm the en­vir­on­ment.

Section 3 Recovery of Waste

Art. 12 General recovery obligation according to the state of the art  

1 Waste must be re­cycled or re­covered for en­ergy provided re­cov­ery does less harm to the en­vir­on­ment than:

a.
any oth­er form of dis­pos­al; and
b.
the man­u­fac­ture of new products or the ac­quis­i­tion of oth­er heat­ing fuels.

2 Re­cov­ery must be car­ried out ac­cord­ing to the state of the art.
Art. 13 Municipal waste and waste of similar composition  

1 The can­tons shall en­sure that that the re­cov­er­able parts of mu­ni­cip­al waste such as glass, pa­per, card­board, metals, garden waste and tex­tiles are if pos­sible col­lec­ted sep­ar­ately and re­cycled.

2 They shall en­sure that the fol­low­ing are col­lec­ted and dis­posed of sep­ar­ately:

a.
spe­cial waste from house­holds;
b.11
non-busi­ness-spe­cif­ic spe­cial waste of up to 20 kg per col­lec­tion from busi­nesses and pub­lic au­thor­it­ies with few­er than 10 full-time em­ploy­ment po­s­i­tions.

3 They shall en­sure that the in­fra­struc­ture re­quired to com­ply with para­graphs 1 and 2 is provided, and in par­tic­u­lar that col­lec­tion points are set up. If ne­ces­sary they shall also en­sure that reg­u­lar col­lec­tions are made.

4 The pro­pri­et­ors of waste from busi­nesses with 250 or more full-time em­ploy­ment po­s­i­tions must as far as pos­sible and reas­on­able col­lect and re­cycle the re­cov­er­able parts of their waste that are sim­il­ar in their com­pos­i­tion to mu­ni­cip­al waste.

11 Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801).
Art. 14 Biogenic waste  

1 Bio­gen­ic waste must be re­covered solely by re­cyc­ling or by fer­ment­a­tion, provided:

a.
it is suit­able for this pur­pose as a res­ult of its prop­er­ties, in par­tic­u­lar its nu­tri­ent and pol­lut­ant con­tent;
b.
it has been col­lec­ted sep­ar­ately; and
c.
re­cov­ery is not pro­hib­ited by oth­er pro­vi­sions of fed­er­al law.

2 Bio­gen­ic waste that need not be re­covered in ac­cord­ance with para­graph 1 must as far as pos­sible and reas­on­able simply be re­covered for en­ergy or in­cin­er­ated in ap­pro­pri­ate fa­cil­it­ies. In do­ing so, its en­ergy con­tent must be used.
Art. 15 Phosphorus-rich waste  

1 Phos­phor­us must be re­covered from mu­ni­cip­al waste wa­ter, from sewage sludge from cent­ral waste wa­ter treat­ment plants or from the ash pro­duced by the in­cin­er­a­tion of such sewage sludge and then re­cycled.

2 Phos­phor­us in an­im­al and bone meal must be re­cycled, un­less the an­im­al and bone meal is used as an­im­al feed­stuffs.

3 When re­cov­er­ing phos­phor­ous from waste in ac­cord­ance with para­graph 1 or 2, the pol­lut­ants in the waste must be re­moved ac­cord­ing to the state of the art. If the phos­phor­ous re­covered is used to man­u­fac­ture a fer­til­iser, the re­quire­ments of An­nex 2.6 Num­ber 2.2.4 OR­RChem12 must also be met.13

12 SR 814.81

13 Amended by An­nex No 1 of the O of 31 Oct. 2018, in force since 1 Jan. 2019 (AS 2018 4205).
Art. 16 Information on the disposal of construction waste  

1 In the case of con­struc­tion work, when ap­ply­ing for the build­ing per­mit, the build­er must provide the au­thor­ity re­spons­ible with in­form­a­tion on the nature, qual­ity and quant­ity of the waste pro­duced and on the plans for its dis­pos­al if:

a.
it is prob­able that more than 200 m3 con­struc­tion waste will be pro­duced; or
b.
con­struc­tion waste con­tain­ing sub­stances that are haz­ard­ous to the en­vir­on­ment or to health, such as poly­chlor­in­ated bi­phen­yls (PCBs), poly­cyc­lic aro­mat­ic hy­dro­car­bons (PAHs), lead or as­bes­tos, is ex­pec­ted.

2 If the build­er has pre­pared a waste man­age­ment plan in ac­cord­ance with para­graph 1, it must prove to the au­thor­ity re­spons­ible for the build­ing per­mit at its re­quest on com­ple­tion of the con­struc­tion work that the waste pro­duced has been dis­posed of ac­cord­ingly to the au­thor­ity’s re­quire­ments.
Art. 17 Separation of construction waste  

1 In the case of con­struc­tion work, spe­cial waste must be sep­ar­ated and dis­posed of sep­ar­ately from oth­er waste. The fol­low­ing con­struc­tion waste must be kept sep­ar­ate on the con­struc­tion site:

a.
re­moved top­soil and sub­soil, if pos­sible without be­ing mixed;
b.
un­pol­luted ex­cav­ated ma­ter­i­al, ex­cav­ated ma­ter­i­al that sat­is­fies the re­quire­ments of An­nex 3 num­ber 2, and oth­er ex­cav­ated ma­ter­i­al, if pos­sible without be­ing mixed;
c.
ex­cav­ated as­phalt, con­crete rubble, road sur­face rubble, mixed rubble, brick rubble and plaster, if pos­sible without be­ing mixed;
d.
fur­ther re­cyc­lable waste such as glass, metals, tim­ber and plastics, if pos­sible without be­ing mixed;
e.
com­bust­ible waste that is not re­cyc­lable;
f.
oth­er waste.

2 If the sep­ar­a­tion of oth­er con­struc­tion waste on the con­struc­tion site is not op­er­a­tion­ally pos­sible, the waste must be sep­ar­ated in suit­able fa­cil­it­ies.14

3 The au­thor­ity may re­quire fur­ther sep­ar­a­tion if ad­di­tion­al parts of the waste may be re­covered thereby.

14 The cor­rec­tion of 19 Ju­ly 2016 relates to the Itali­an text only (AS 20162629).
Art. 18 Removed topsoil and subsoil  

1 Re­moved top­soil and sub­soil must be re­covered in full if pos­sible provided:

a.
it is suit­able for the in­ten­ded re­cov­ery ow­ing to its prop­er­ties;
b.
it meets the bench­mark val­ues in An­nexes 1 and 2 of the Or­din­ance of 1 Ju­ly 199815 on the Pol­lu­tion of Soil (SoilPO); and
c.
it does not con­tain for­eign sub­stances or in­vas­ive ali­en or­gan­isms.

2 In the case of re­cov­ery, the top­soil and sub­soil must be pro­cessed in ac­cord­ance with Art­icles 6 and 7 SoilPO.

15 SR 814.12
Art. 19 Excavated material  

1 Ex­cav­ated ma­ter­i­al that sat­is­fies the re­quire­ments of An­nex 3 num­ber 1 (un­pol­luted ex­cav­ated ma­ter­i­al), must be re­covered to the fullest ex­tent pos­sible as fol­lows:

a.
as con­struc­tion ma­ter­i­al on build­ing sites or land­fills;
b.
as raw ma­ter­i­al for the man­u­fac­ture of con­struc­tion ma­ter­i­als;
c.
for the re­filling of ma­ter­i­al ex­trac­tion sites; or
d.
for per­mit­ted land­scap­ing work.

2 Ex­cav­ated ma­ter­i­al that sat­is­fies the re­quire­ments of An­nex 3 num­ber 2 must be re­covered to the fullest ex­tent pos­sible as fol­lows:

a.
as a raw ma­ter­i­al for the man­u­fac­ture of hy­draul­ic or bi­tu­min­ous bound con­struc­tion ma­ter­i­als;
b.
as con­struc­tion ma­ter­i­al for land­fills of Types B–E;
c.16
as a raw ma­ter­i­al in the man­u­fac­ture of ce­ment clinker;
d.17
in the case of civil en­gin­eer­ing work, on the site where the ma­ter­i­al is pro­duced, provided any treat­ment re­quired for the ma­ter­i­al is car­ried out on or dir­ectly ad­ja­cent to the site; Art­icle 3 of the Con­tam­in­ated Sites Or­din­ance of 26 Au­gust 199818 (CSO) re­mains re­served.

3 Ex­cav­ated ma­ter­i­al that does not sat­is­fy the re­quire­ments of An­nex 3 num­ber 2 may not be re­covered. The fore­go­ing does not ap­ply to re­cov­ery at a ce­ment works in ac­cord­ance with An­nex 4 num­ber 1 and the re­cov­ery of ex­cav­ated ma­ter­i­al that sat­is­fies the re­quire­ments of An­nex 5 num­ber 2.3:19

a.
as con­struc­tion ma­ter­i­al for land­fills of Types C–E; or
b.20
as part of the re­medi­ation of the con­tam­in­ated site that pro­duces the ma­ter­i­al; a any treat­ment re­quired for the ma­ter­i­al is car­ried out at or dir­ectly ad­ja­cent to the con­tam­in­ated site.

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

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

18 SR 814.680

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

20 The cor­rec­tion of 19 Ju­ly 2016 relates to the Itali­an text only (AS 20162629).
Art. 20 Mineral waste from the demolition of buildings and other structures  

1 Ex­cav­ated as­phalt con­tain­ing up to 250 mg PAH per kg, road sur­face rubble, mixed rubble and brick rubble must to the fullest ex­tent pos­sible be re­covered as raw ma­ter­i­al for the man­u­fac­ture of con­struc­tion ma­ter­i­als.

2 Ex­cav­ated as­phalt con­tain­ing more than 250 mg PAH per kg may not be not re­covered.

3 Con­crete rubble must be re­covered to the fullest ex­tent pos­sible as raw ma­ter­i­al for the man­u­fac­ture of con­struc­tion ma­ter­i­als or as con­struc­tion ma­ter­i­al for land­fills.
Art. 21 Lightweight fraction from the shredding of waste containing metal  

Met­al frag­ments must be re­moved from the light­est frac­tion ob­tained by shred­ding waste con­tain­ing met­al (the light­weight frac­tion) and re­cycled.
Art. 22 Sludge and sweepings from street gullies  

1 Re­cov­er­able parts such as chip­pings, sand and gravel must be sep­ar­ated from sludge and sweep­ings from street gul­lies that are primar­ily of min­er­al com­pos­i­tion and re­cycled.

2 The re­main­ing parts of street sweep­ings in ac­cord­ance with para­graph 1 and oth­er street sweep­ings, mu­ni­cip­al waste or waste of sim­il­ar com­pos­i­tion or with high bio­gen­ic con­tent must be in­cin­er­ated in ap­pro­pri­ate fa­cil­it­ies.
Art. 23 Electric arc furnace slag 21  

Elec­tric arc fur­nace slag may only be re­covered with the con­sent of the can­ton­al au­thor­ity if:22

a.
re­cov­ery is car­ried out in the course of con­struc­tion work in hy­draul­ic­ally or bi­tu­min­ously bound form or un­der a sur­face im­per­meable to wa­ter; and
b.
the elec­tric arc fur­nace slag ori­gin­ates from the man­u­fac­ture of un­al­loyed or low al­loyed steels sub­sequent to 1989.

21 The cor­rec­tion of 3 Oct. 2017 relates to the French text only (AS 2017 5137).

22 The cor­rec­tion of 3 Oct. 2017 relates to the French text only (AS 2017 5137).
Art. 24 Recovery of waste in the production of cement and concrete  

1 Waste may be used as a raw ma­ter­i­al, as raw meal cor­rect­ive sub­stances, as heat­ing fuels or as ad­dit­ives or ag­greg­ates in the pro­duc­tion of ce­ment and con­crete provided it sat­is­fies the re­quire­ments un­der An­nex 4. However, mixed mu­ni­cip­al waste may not be used as a raw ma­ter­i­al or as a heat­ing fuel even if col­lec­ted and sub­sequently sor­ted.

2 Dusts from the ex­haust fil­ter­ing at fa­cil­it­ies pro­du­cing ce­ment clinker must be re­covered as ag­greg­ates for grind­ing ce­ment clinker or as ad­dit­ives in the pro­duc­tion of ce­ment. The heavy met­al con­tent of the ce­ment pro­duced must not ex­ceed the lim­it val­ues in An­nex 4 num­ber 3.2.

Section 4 Landfilling of Waste

Art. 25 General regulations 23  

1 Waste may only be de­pos­ited in land­fills if the land­fills sat­is­fy the re­quire­ments of An­nex 5. The con­struc­tion and op­er­at­ing li­cence may in­clude ad­di­tion­al re­stric­tions.

2 If land­fills com­prise two or more com­part­ments sep­ar­ated by struc­tur­al meas­ures, the re­quire­ments for the de­pos­it of each type of waste ap­ply to the com­part­ment in which the re­spect­ive type is de­pos­ited.

3 Li­quid, ex­plos­ive, in­fec­tious and com­bust­ible waste may not be de­pos­ited.

23 In­ser­ted by No II 1 of the O of 25 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 5963).
Art. 25a Mercury waste 24  

1 Mer­cury waste in terms of Art­icle 3 let­ter fbis num­bers 1 and 2 are en­vir­on­ment­ally com­pat­ible and must be dis­posed of ac­cord­ing to the state of the art.

2 Mer­cury waste in terms of Art­icle 3 let­ter fbis num­ber 3 are en­vir­on­ment­ally com­pat­ible and must be treated and de­pos­ited ac­cord­ing to the state of the art.

24 In­ser­ted by No II 1 of the O of 25 Oct. 2017, in force since 1 Jan. 2018 (AS 2017 5963).

Chapter 4 Waste Disposal Facilities

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.25
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.26
keep a re­cord of the ac­cep­ted quant­it­ies of the types of waste men­tioned in An­nex 1 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 the fa­cil­it­ies reg­u­larly and in par­tic­u­lar veri­fy by meas­ur­ing emis­sions wheth­er the re­quire­ments of en­vir­on­ment­al and wa­ters pro­tec­tion le­gis­la­tion are be­ing met;
h.
in the case of mo­bile fa­cil­it­ies, en­sure that waste pro­duced at the op­er­a­tion site con­cerned is treated.

2 Pro­pri­et­ors of waste dis­pos­al fa­cil­it­ies that dis­pose of more than 100 t waste each year must draw up op­er­at­ing reg­u­la­tions that in par­tic­u­lar spe­cify the re­quire­ments for the op­er­a­tion of the fa­cil­it­ies. They shall sub­mit the reg­u­la­tions to the au­thor­ity for feed­back.

25 The cor­rec­tion of 19 Ju­ly 2016 relates to the French text only (AS 20162629).

26 Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801).
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 27  

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.

27 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 28  

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.29

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.30

4 ...31

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

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

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

31 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 for the in­cin­er­a­tion of waste provided the struc­tur­al ele­ments guar­an­tee that:

a.
no dif­fuse waste gases are emit­ted;
b.32
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.

32 Amended by No I of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801).
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;
b.
on treat­ment, halo­gen­ated or­gan­ic com­pounds are broken down as com­pletely as pos­sible and only re­form to a min­im­al ex­tent;
c.33
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.34
li­quid waste with a flash­point be­low 60 °C and in­fec­tious spe­cial waste are placed in the in­cin­er­a­tion cham­ber sep­ar­ately from the oth­er waste and as dir­ectly as pos­sible;
e.
the slag con­tains no more than two per cent by weight un­burned parts, meas­ured as total or­gan­ic car­bon (TOC);
f.
in the event of dis­rup­tion to op­er­a­tions, the treat­ment of any waste in the in­cin­er­a­tion cham­ber is com­pleted;
g.
at fa­cil­it­ies that in­cin­er­ate mu­ni­cip­al waste or waste of sim­il­ar com­pos­i­tion, metals are re­covered from the fil­ter ash.

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

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

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 200135 (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 OR­RChem36 re­lat­ing to com­post and di­gest­ates also ap­ply.

35 SR 916.171

36 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.
mon­it­or­ing of the col­lec­ted leachate and if ap­plic­able of the ground­wa­ter in ac­cord­ance with Art­icle 41;
f.
if ap­plic­able, the in­spec­tions of the de­gass­ing sys­tems and ana­lyses of the land­fill gases in ac­cord­ance with Art­icle 53 para­graph 5;
g.
fur­ther re­quire­ments and con­di­tions ne­ces­sary to com­ply with the en­vir­on­ment­al and wa­ters pro­tec­tion le­gis­la­tion.

4 The au­thor­ity shall lim­it the op­er­at­ing li­cence to no more than five years.
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 can­ton­al au­thor­ity shall spe­cify the dur­a­tion of the after-care phase and the ob­lig­a­tions of the pro­pri­et­or of the land­fill in ac­cord­ance with the para­graphs 2 and 3 in the fi­nal op­er­at­ing li­cence for the land­fill or com­part­ment fest. It may ex­empt Type A land­fills or com­part­ments from re­quire­ments men­tioned in para­graphs 2 and 3.

Chapter 5 Final Provisions

Section 1 Implementation

Art. 44 Responsibilities of the Confederation and cantons  

1 The can­tons shall im­ple­ment this Or­din­ance, un­less they as­sign im­ple­ment­a­tion to the Con­fed­er­a­tion.

2 If fed­er­al au­thor­it­ies are re­quired to ap­ply oth­er fed­er­al acts or in­ter­na­tion­al law agree­ments or de­cisions that re­late to mat­ters reg­u­lated in this Or­din­ance, they shall also im­ple­ment this Or­din­ance. Art­icle 41 para­graphs 2 and 4 EPA gov­ern the in­volve­ment of the FOEN and the can­tons; stat­utory du­ties of con­fid­en­ti­al­ity are re­served.
Art. 45 Geoinformation  

The FOEN shall spe­cify the min­im­um geodata mod­els and rep­res­ent­a­tion mod­els for ba­sic geo­graph­ic­al data un­der this Or­din­ance; in this re­spect it is des­ig­nated as the spe­cial­ist fed­er­al au­thor­ity in An­nex 1 to the Geoin­form­a­tion Or­din­ance of 21 May 200837.

37 SR 510.620
Art. 46 FOEN implementation guide  

The FOEN shall is­sue an im­ple­ment­a­tion guide on the ap­plic­a­tion of this Or­din­ance, and in par­tic­u­lar on the state of the art for waste dis­pos­al. In do­ing so, it shall work with the fed­er­al agen­cies, can­tons and private sec­tor or­gan­isa­tions con­cerned.

Section 2 Repeal and Amendment of other Legislation

Art. 47 Repeal of other legislation  

The Tech­nic­al Or­din­ance on Waste of 10 Decem­ber 199038 is re­pealed.

38 [AS 1991 169628, 1993 3022No IV 4, 1996 905, 1998 2261Art. 26, 2000 703No II 15, 2004 3079Art. 43 para. 2 No 2, 2005 2695No II 11 4199 An­nex 3 No II 6, 2007 29294477No IV 32, 2008 2809An­nex 2 No 10 4771 An­nex No II 1, 2009 6259No II III, 2011 2699 An­nex 8 No II 1]
Art. 48 Amendment of other legislation  

The amend­ment of oth­er le­gis­la­tion is reg­u­lated in An­nex 6.

Section 3 Transitional Provisions

Art. 49 Municipal waste  

1 Art­icles 3 let­ter a and 13 para­graph 4 ap­ply from 1 Janu­ary 2019.

2 Un­til 31 Decem­ber 2018, waste from house­holds and waste of sim­il­ar com­pos­i­tion is deemed to be mu­ni­cip­al waste.
Art. 50 Reporting 39  

The duty to re­port in ac­cord­ance with Art­icle 6 ap­plies from 1 Janu­ary 2021.

39 Amended by No I of the O of 21 Sept. 2018, in force since 1 Nov. 2018 (AS 2018 3515).
Art. 51 Phosphorus-rich waste  

The duty to re­cov­er phos­phor­us in ac­cord­ance with Art­icle 15 ap­plies from 1 Janu­ary 2026.
Art. 52 Excavated asphalt  

1 Ex­cav­ated as­phalt con­tain­ing more than 250 mg PAH per kg may be re­covered in the course of con­struc­tion work un­til 31 Decem­ber 2025 provided:

a.
the ex­cav­ated as­phalt con­tains no more than 1000 mg PAH per kg and is mixed in ap­pro­pri­ate fa­cil­it­ies with oth­er ma­ter­i­al so that it con­tains no more than 250 mg PAH per kg on re­cov­ery; or
b.
the ex­cav­ated as­phalt is used with con­sent the can­ton­al au­thor­ity so that no emis­sions of PAH oc­cur. The can­ton­al au­thor­ity shall re­cord the pre­cise level of PAH in the ex­cav­ated as­phalt as well as the loc­a­tion of re­cov­ery and shall re­tain the in­form­a­tion for at least 25 years.

2 Ex­cav­ated as­phalt con­tain­ing more than 250 mg PAH per kg may be de­pos­ited un­til 31 Decem­ber 2025 in a land­fill of Type E.
Art. 52a Wood ash 40  

Fil­ter ash and dust from the in­cin­er­a­tion of wood that is not wood fuel as defined in An­nex 5 num­ber 31 para­graph 2 of the Air Pol­lu­tion Con­trol Or­din­ance of 16 Decem­ber 198541 (OAPC) may be de­pos­ited un­til 1 Novem­ber 2023 in land­fills of types D and E (An­nex 5 Nos 4.1 and 5.1).

40 In­ser­ted by No I of the O of 21 Sept. 2018, in force since 1 Nov. 2018 (AS 2018 3515).

41 SR 814.318.142.1
Art. 53 Existing landfills and compartments  

1 Land­fills and com­part­ments that came in­to op­er­a­tion be­fore this Or­din­ance comes in­to force may con­tin­ue in op­er­a­tion provided the re­quire­ments for grant­ing an op­er­at­ing li­cence in ac­cord­ance with Art­icle 40 are met by 31 Decem­ber 2020 at the latest.

2 The can­ton­al au­thor­ity shall as­sess by by 31 Decem­ber 2020 at the latest wheth­er the land­fills or com­part­ments will cause harm or nuis­ance to the en­vir­on­ment or wheth­er they are likely to cause harm or nuis­ance with­in 50 years of clos­ure (risk as­sess­ment). The pro­pri­et­ors of the land­fills shall provide the au­thor­ity with the data re­quired for this pur­pose.

3 Where the risk as­sess­ment finds that a land­fill or com­part­ment is caus­ing harm or nuis­ance to the en­vir­on­ment or that there is a spe­cif­ic danger of such harm or nuis­ance, the land­fill or com­part­ment may not con­tin­ue in op­er­a­tion un­less im­prove­ments are made in ac­cord­ance with the CSO42.

4 Where the risk as­sess­ment finds that a land­fill or com­part­ment is likely to cause harm or nuis­ance with­in 50 years of clos­ure or that there is a spe­cif­ic risk of such harm or nuis­ance, the land­fill or com­part­ment may con­tin­ue in op­er­a­tion, provided the po­ten­tial harm or nuis­ance is pre­ven­ted through ap­pro­pri­ate meas­ures.

5 The pro­pri­et­or of an ex­ist­ing land­fill or an ex­ist­ing com­part­ment with de­gass­ing sys­tems must ar­range for these fa­cil­it­ies to be reg­u­larly in­spec­ted by an ex­pert un­til the end of op­er­a­tions and for the land­fill gases to be ana­lysed at least twice a year.

42 SR 814.680
Art. 54 Other existing waste disposal facilities  

1 Waste dis­pos­al fa­cil­it­ies oth­er than land­fills and com­part­ments that come in­to op­er­a­tion be­fore this Or­din­ance comes in­to force must sat­is­fy the re­quire­ments of this Or­din­ance for struc­tur­al modi­fic­a­tions by 31 Decem­ber 2020 at the latest. The oth­er re­quire­ments ap­ply from the date on which this Or­din­ance comes in­to force, sub­ject to para­graphs 2 and 3.

2 The duty un­der Art­icle 32 para­graph 2 let­ter a to use at least 55 per cent of the en­ergy con­tent of mu­ni­cip­al waste and waste of sim­il­ar com­pos­i­tion in fa­cil­it­ies for the in­cin­er­a­tion of waste ap­plies from 1 Janu­ary 2026.

3 The duty un­der Art­icle 32 para­graph 2 let­ter g to re­cov­er metals from fil­ter ash pro­duced in the treat­ment of mu­ni­cip­al waste and waste of sim­il­ar com­pos­i­tion ap­plies from 1 Janu­ary 2026. Un­til that date, fil­ter ash may be de­pos­ited in hy­draul­ic­ally bound form without the re­cov­ery of metals in Type C land­fills or com­part­ments provided there are no avail­able treat­ment ca­pa­cit­ies for re­cov­ery.43

43 Amended by No I of the O of 11 Dec. 2020, in force since 1 Jan. 2021 (AS 2020 6283).

Section 4 Commencement

Art. 55  

This Or­din­ance comes in­to force on 1 Janu­ary 2016.

Annex 1 44

44 Revised by No II of the O of 21 Sept. 2018, in force since 1 Nov. 2018 (AS 2018 3515).

(Art. 6 para. 1 and 27 para. 1)

Types of waste

Code

Description of the waste

Class 1: Chemical waste

1101

Non-halogenated solvents

1102

Halogenated solvents

1103

Chemical reaction residues

1104

Engine oils

1105

Other technical oils (without PCBs)

1106

Oils containing PCBs

1107

Tars and carbonaceous wastes

1108

Acids and alkalis

1109

Emulsions

1110

Paint and varnish wastes

1111

Adhesive and sealant wastes

1112

Explosive waste, ammunition

1113

Saline waste

1114

Photographic waste and chemicals

1115

Ink wastes

1116

Toner and coating powders

1117

Catalytic converters

1118

Liquid heating fuels

1119

Gases in pressure vessels

1120

Biocides, wood preservatives and similar chemicals

1121

Other hazardous chemical waste

1301

Chemical waste not subject to OMW controls

Class 2: Medical waste

2101

Waste carrying a risk of contamination or infection

2102

Used medicines and solid pharmaceutical waste

2103

Medical waste with risk of injury

2104

Non-infectious medical waste

2301

Medical waste not subject to OMW controls

Class 3: Metallic waste

3101

Cable scrap containing hazardous substances

3102

Other metallic special waste

3201

Cable scrap

3202

Scrap metal debris and cargo waste

3301

Metals from communal and other collections

3302

Metallic waste not subject to OMW controls

Class 4: Mineral waste

4101

Excavation waste contaminated by hazardous substances

4102

Excavated asphalt containing more than 1000 mg PAH per kg

4103

Mixed construction waste that hazardous substances include

4104

Waste from the exploitation of natural resources

4105

Waste containing asbestos

4106

Other special mineral waste

4107

Refractory materials

4201

Contaminated excavation waste not containing hazardous substances45

4202

Excavated asphalt containing from 250 to 1000 mg PAH per kg

4203

Mixed and contaminated construction waste not containing hazardous substances

4301

Uncontaminated excavation waste46

4302

Lightly contaminated excavation waste47

4303

Concrete rubble

4304

Mixed rubble

4305

Brick rubble

4306

Uncontaminated plaster

4307

Excavated asphalt containing up to 250 mg PAH per kg

4308

Road surface rubble

4309

Glass waste from communal and other collections

4310

Other glass waste not subject to OMW controls

4311

Other mineral waste not subject to OMW controls

Class 5: Systems, machines, vehicles and accessories as well as electrical and electronic appliances

5101

Lead-acid batteries and lead accumulators

5102

Other batteries and accumulators

5103

Components of electrical/electronic appliances containing PCBs

5104

Components of electrical-/electronic appliances containing other hazardous substances

5105

Vehicle and machine parts

5201

End-of-life vehicles

5202

Used tyres

5203

Electrical/electronic appliances containing hydro- or fully halogenated chlorofluorocarbons (CFCs)

5204

Other electrical/electronic appliances and components

5301

Components from used electrical/electronic appliances not subject to OMW controls

Class 6: Biogenic waste

6101

Problematic wood residues

6201

Cooking oils and fats excluding those from communal and other collections

6202

Waste wood

6301

Natural wood

6302

Residual wood

6303

Biogenic waste from communal and other collections

6304

Biogenic waste from agriculture, industry and commerce

Class 7: Sludges and treatment residues

7101

Slag and ash

7102

Flue gas cleaning-residues

7103

Combustible lightweight fractions from the shredding of waste containing metal

7104

Filter, absorbent and ion exchange materials

7105

Street and farmyard sludges

7106

Other sludges and industrial waste water

7107

Sludges containing oil and treatment residues

7108

Other treatment residues

7201

Fine material from construction waste separation

7301

Sewage sludge from the communal waste water treatment and faecal sludge

7302

Sludges and treatment residues not subject to OMW controls

7303

Combustible sludges and treatment residues

7304

Fine material from the processing of construction rubble

Class 8: Other types of waste

8101

Special waste from the communal collections

8301

Street sweepings

8302

Fire debris

8303

Paper and cardboard waste from communal and other collections

8304

Other paper- and cardboard waste

8305

Plastic waste from communal and other collections

8306

Other plastic waste

8307

Textile waste and clothing from communal and other collections

8308

Other Textile waste and clothing

8309

Other combustible waste from communal and other collections

8310

Other combustible waste

45 Excavation material that does not meet the requirements of Annex 3 number 2.

46 Excavation material that meets the requirements of Annex 3 number 1.

47 Excavation material that meets the requirements of Annex 3 number 2.

Annex 2

(Art. 6 para. 3, 36 para. 1, 42 para. 2 and 43 para. 2)

Requirements for location and construction of landfills

1 Landfill location

1.1 Waters protection and natural hazards

1.1.1 Landfills may not be constructed in groundwater protection zones and groundwater protection areas.

1.1.2 Landfills may not be located in an area at high risk of flooding, rockfalls, landslides or erosion.

1.1.3. Landfills and compartments of Types B, C, D and E may not be located above exploitable underground waters or in adjoining zones required for the protection of such waters. The foregoing does not apply to the construction of a Type B landfill or compartment in the zone adjoining exploitable underground waters.

1.1.4 Landfills and compartments of Types A and B that are located above exploitable underground waters or in adjoining zones required for the protection of such waters must lie at least 2 m above the highest maximum natural ten-year groundwater level. In the case of a recharge installation, the actual level of the water table applies if it is higher than the maximum ten-year high.

1.2 Subsoil

1.2.1 The subsoil and the surrounding area of the landfill, if necessary, taking account of structural measures, must guarantee the landfill’s long-term stability and prevent any deformation that may in particular adversely affect the proper functioning of the required facilities under number 2.

1.2.2 In the case of landfills and compartments of Type B in the zone adjoining exploitable underground waters and of Types C, D and E, the thickness, homogeneity and ability to retain contaminants of the subsoil and the surrounding area, if necessary taking account of technical improvement measures, must guarantee that the groundwater will not be adversely affected in the long term. The following minimum requirements apply:

a.
In the case of Type B landfills and compartments there must be a 2 m thick, largely homogeneous natural geological barrier with a mean hydraulic conductivity (k) of 1.0 × 10-7 m/s or the subsoil must be supplemented according to state-of-the-art civil engineering practice by at least 3 homogenous mineral layers with a mean k of 1.0 × 10-8 m/s that together have an overall thickness of 60 cm. If supplementing the subsoil, only material that satisfies the requirements of Annex 3 number 1 may be used.
b.
In the case of landfills of Types C, D and E there must be a 7 m thick, largely homogeneous, natural geological barrier with a mean k of 1.0 × 10-7 m/s or a 2 m thick, largely homogeneous, natural geological barrier with a mean k of 1.0 × 10-7 m/s that is supplemented according to state-of-the-art civil engineering practice by at least 3 homogenous mineral layers with a mean k of 1.0 × 10-9m/s that together have an overall thickness of 60 cm. When supplementing the subsoil, only material that satisfies the requirements of Annex 3 number 1 may be used.

1.2.3 In the case of landfills and compartments of Types C and D, the requirements of number 1.2.2 letter b need not be met if:

a.
the landfill or the compartment cannot be constructed at a location that satisfies the requirements of number 1.2.2 letter b;
b.
the landfill or the compartment is not constructed on karstic rock; and
c.
the subsoil is supplemented according to state-of-the-art civil engineering practice by at least 3 homogenous mineral layers with a mean k of 1.0 × 10-9m/s that together have an overall thickness of 80 cm. When supplementing the subsoil, only material that satisfies the requirements of Annex 3 number 1 may be used.

1.2.4 Compliance with number 1.2.1 must be verified by foundation analyses and settlement calculations that take account of the waste deposited. Compliance with numbers 1.2.2 and 1.2.3 must be verified by geological and hydrogeological tests.

2 Landfill structure

2.1 General regulations

2.1.1 The design and selection of materials must guarantee that the required facilities will function safely until the end of the after-care phase. Account must be taken of physical, chemical and biological processes which may occur in the landfill during construction, operation and after closure.

2.1.2 Landfills and compartments of Type B in the zone adjoining exploitable underground waters and of Types C, D and E must be constructed in such a way that the waste water does not accumulate and can drain away freely by gravity to the point of entry into a body of water or the public sewer system.

2.2 Liner

2.2.1 The base and sides of landfills and compartments of Types C, D and E must be sealed with a liner that prevents the leaching of waste water during operations and until the end of the after-care phase, and which allows waste water to collect. The following are permitted:

a.
Mineral liner: it must be at least 80 cm thick and have a mean k of less than or equal to 1 x 10-9 m/s. It must be installed in at least three layers and each layer must be compacted separately and protected against drying out.
b.
Liner made of an asphalt: it must be at least 7 cm thick, be laid on a suitable foundation and binder layer and compacted so that the cavity content, measured by means of a sample, is no more than 3 per cent.
c.
Liner made of plastic membrane: it must be at least 2.5 mm thick and be laid on a mineral seal constructed in accordance with letter a that is at least 50 cm thick.
d.
Other liners: laboratory and field tests must prove that these are at least equivalent to the liners described in letters a–c.

2.2.2 When selecting and fitting the liner, account must be taken of the structure of the subsoil, the slope of the base and sides of the landfill and the characteristics of the drainage layer.

2.2.3 Only mineral materials that satisfy the requirements of Annex 3 number 1 may be used for mineral liners.

2.2.4 The efficacy of the liners must be tested and documented during construction and before the covering.

2.3 Partitioning of compartments

2.3.1 Partitions between compartments of Types A and B must guarantee that no water from the Type B compartment enters the Type A compartment.

2.3.2 Partitions between compartments where at least one is of Type C, D or E must guarantee no exchange of substances takes place between the compartments. The following are permitted:

a.
Mineral partitions: they must be 80 cm thick and have a mean k of less than or equal to 1 × 10-9 m/s.
b.
Other partitions: proof must be provided by means of laboratory and field tests that the partitions are equivalent to a mineral partition in accordance with letter a.

2.3.3 Partitions between compartments must be made as vertical as possible and the waste that is less susceptible to settlement must be deposited in the lower compartment.

2.3.4 For mineral partitions of compartments only mineral material that meets the following limit values may be used:

a.
Annex 3 number 1 letter c between compartments of Type A and other compartments;
b.
Annex 5 number 2.3 letters b and c between compartments of Type B and compartments of Types C, D and E;
c.
Annex 5 number 4.4 between compartments of Types C, D and E.

2.4 Drainage

2.4.1 The drainage system must guarantee that leachate produced is collected and discharged.

2.4.2 Landfills and compartments of Type A must have a drainage system if drainage is required to ensure the stability of the landfill or of the compartment.

2.4.3 Landfills and compartments of Type B must have a drainage system if they are located in the zone adjoining exploitable underground waters or drainage is required to ensure the stability of the landfill or of the compartment.

2.4.4 Landfills and compartments of Types C, D and E must have a drainage system made up of the following elements:

a.
a drainage layer above the base and sides made of material that satisfies the requirements of Annex 5 number 2.3;
b.
drainage conduits laid in the drainage layer to collect and discharge the leachate;
c.
if water can enter from the subsoil and the sides: a suitable system under the liner.

2.4.5 Where the landfill is made up of two or more compartments that require a drainage system, the systems for the individual compartments must be independent of each other and it must be possible to check each system individually.

2.4.6 Collected leachate must be discharged into a body of water or into the public sewer system in accordance with the requirements of the waters protection legislation.

2.4.7 If collected, untreated leachate is discharged into a body of water, structural measures must be taken to ensure that the waste water can be checked at any time and if necessary can be treated or discharged into a waste water treatment plant.

2.4.8 Drainage conduits must be laid so that they have a minimum incline of 2 per cent after settlement is completed.

2.4.9 A suitable means of access must be provided to ensure that it is possible to carry out checks and maintenance work on the main conduits and other essential parts of the system at all times.

2.4.10 Landfills or compartments of Types C, D and E must be fitted with systems such as collecting pipes or siphons on drainage conduits that guarantee that the gaseous effluents can be collected where this is necessary to guarantee the soil fertility or for safety reasons.

2.5 Surface closure

2.5.1 If no more waste is to be deposited, the surface of the landfills must be closed as follows:

a.
The incline of the surface must be sufficient to allow proper drainage.
b.
An appropriate seal and a drainage layer provided to prevent precipitation water from infiltrating into the landfill if this is required due to the composition of the leachate produced. Any settlement the landfill or of the compartment must first be allowed to take place.
c.
The surface must be landscaped to appear as natural as possible and, if not used for agriculture, must be planted with site-appropriate vegetation.
d.
Culverted waters in the vicinity of the landfill must be uncovered and channelled around the landfill.

2.5.2 Only materials that satisfy the requirements of Annex 3 number 1 may be used for the uppermost thirds of the seal and the drainage layer. The lower layers of the seal may use materials that satisfy the requirements for deposit in the corresponding type of landfill and which are suitable for use in construction terms.

2.5.3 If measures are taken to prevent the landfill from causing harm or nuisance to the environment, implementation of the measures must be delayed until after the final closure of the surface if this is necessary to ensure the stability of the closed surface. Until then, appropriate measures must be taken to prevent erosion.

Annex 3

(Art. 17 para. 1 and 19)

Requirements applicable to excavated material

1 Excavated material must be recovered in accordance with Article 19 paragraph 1 if:

a.
it consists to at least 99 per cent by weight of loose or broken rock and other mineral construction waste;
b.
it does not contain any foreign substances such as municipal waste, biogenic waste or other non-mineral construction waste; and
c.
the substances that it contains do not exceed the following limit values (total content) or any excess is not due to human activities:

Substance

Limit value in mg/kg of dry matter

Antimony

3

Arsenic

15

Lead

50

Cadmium

1

Chromium, total

50

Chromium (VI)

0.05

Copper

40

Nickel

50

Mercury

0.5

Zinc

150

Cyanide, total

0.5

Volatile chlorinated hydrocarbons (CHCs)*

0.1

Polychlorinated biphenyls (PCBs)**

0.1

Aliphatic hydrocarbons C5–C10***

1

Aliphatic hydrocarbons C10–C40

50

Monocyclic aromatic hydrocarbons (BTEX)****

1

Benzene

0.1

Polycyclic aromatic hydrocarbons (PAHs)*****

3

Benzo[a]pyrene

0.3

*
7 CHCs: dichlormethane, trichlormethane, tetrachlormethane, cis-1,2-dichlorethylene, 1,1,1-trichlorethane, trichlorethylene (Tri), perchlorethylene (Per)
**
6 congeners × 4.3 (IUPAC No): 28, 52, 101, 138, 153, 180
***
C5- bis C10-hydrocarbons: area of FID chromatogram between n-pentane and n-decane multiplied by the response factor of n-hexane, minus BTEX
****
6BTEX: benzene, toluene, ethyl benzene, o-xylene, m-xylene, p-xylene
*****
16 EPA-PAH: naphthalene, acenaphthylene, 1,2-dihydroacenaphthylene, fluorene, phenanthrenw, anthracene, fluoranthene, pyrene, benz[a]anthracene, chrysene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, benzo[g,h,i]perylene, and indeno[1,2,3-c,d]pyrene

2 Excavated material must be recovered in accordance with Article 19 paragraph 2 if:

a.
it consists to at least 95 per cent by weight of loose or broken rock and other mineral construction waste;
b.
foreign substances such as municipal waste, biogenic waste or other non-mineral construction waste have as far as possible been removed; and
c.
the substances that it contains do not exceed the following limit values (total content) or any excess is not due to human activities:

Substance

Limit value in mg/kg of dry matter

Antimony

15

Arsenic

15

Lead

250

Cadmium

5

Chromium, total

250

Chromium (VI)

0.05

Copper

250

Nickel

250

Mercury

1

Zinc

500

Volatile chlorinated hydrocarbons (CHCs)*

0.5

Polychlorinated biphenyls (PCB)**

0.5

Aliphatic hydrocarbons C5–C10***

5

Aliphatic hydrocarbons C10–C40

250

Monocyclic aromatic hydrocarbons (BTEX)****

5

Benzene

0.5

Polycyclic aromatic hydrocarbons (PAH)*****

12.5

Benzo[a]pyrene

1.5

Total organic carbon (TOC)

10 000

*, **, ***, ****, ***** see explanatory notes for number 1 letter c

3 If no limit values have been set for substances detected in the excavated material, the authority shall assess the waste with the FOEN’s consent in the specific case in accordance with the regulations on environmental and waters protection legislation.

Annex 4 48

48 Revised by No II of the O of 12 Feb. 2020, in force since 1 April 2020 (AS 2020 801).

(Art. 19 para. 3 and 24)

Requirements applicable to waste from the production of cement and concrete

1 Using waste as a raw material and as a corrective substance to raw meal

1.1 Waste may be used as a raw material in the production of cement clinker if the following limit values (total content) are not exceeded and the cement clinker produced satisfies the requirements of number 1.4:

Substance

limit in mg/kg of
dry matter

Antimony

30

Arsenic

30

Lead

500

Cadmium

5

Chromium, total

500

Cobalt

250

Copper

500

Nickel

500

Mercury

1

Thallium

3

Zinc

2 000

Tin

100

Volatile chlorinated hydrocarbons (CHCs)*

10

Polychlorinated biphenyls (PCB)**

10

Aliphatic hydrocarbons C5–C10***

100

Aliphatic hydrocarbons C10–C40

5 000

Monocyclic aromatic hydrocarbons (BTEX)****

10

Benzene

1

Polycyclic aromatic hydrocarbons (PAH)*****

250

Benzo[a]pyrene

3

Total organic carbon (TOC)

50 000

*
7 CHCs: dichlormethane, trichlormethane, tetrachlormethane, cis-1,2-dichlorethylene, 1,1,1-trichlorethane, trichlorethylene (Tri), perchlorethylene (Per)
**
6 congeners × 4.3 (IUPAC No): 28, 52, 101, 138, 153, 180
***
C5- bis C10-hydrocarbons: area of FID chromatogram between n-pentane and n-decane multiplied by the response factor of n-hexane, minus BTEX
****
6BTEX: benzene, toluene, ethyl benzene, o-xylene, m-xylene, p-xylene
*****
16 EPA-PAH: naphthalene, acenaphthylene, 1,2-dihydroacenaphthylene, fluorene, phenanthrenw, anthracene, fluoranthene, pyrene, benz[a]anthracene, chrysene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, benzo[g,h,i]perylene, and indeno[1,2,3-c,d]pyrene

1.2 The authority may permit higher levels of organic substances in specific cases if proof is provided that appropriate measures are being taken to satisfy the requirements of the Air Pollution Control Ordinance of 16 December 198549 (APCO) relating to limiting emissions of the substances concerned.

1.3 Waste that consists primarily of calcium, aluminium, iron or silicon may be used as raw meal corrective substances if it:

a.
contains no more than 10 mg cadmium per kg;
b.
does not exceed the limit values in number 1.1 for mercury, thallium and for organic substances; and
c.
makes up no more than 5 per cent by weight of the total quantity of raw material and raw meal corrective substances.

1.4 Excavated material may be used for producing cement clinker provided:

a.
the limit values in number 1.1 are not exceeded or any excess is not due to human activities;
b.
the limit values in number 1.1 for cadmium, mercury, thallium and organic substances are not exceeded or the requirements of number 1.2 are satisfied; and
c.
the cement clinker produced satisfies the requirements of number 1.6.

1.5 Sludges from the processing of excavated material in accordance with number 1.4 may be used for producing cement clinker provided:

a.
the limit values in number 1.1 for cadmium, mercury, thallium and organic substances are not exceeded or the requirements of number 1.2 are satisfied; and
b.
the cement clinker produced satisfies the requirements of number 1.6.

1.6 The heavy metal content of cement clinker produced using waste may not exceed the following limit values (total content), or any excess is not due to human activities:

Substance

Limit in mg/kg

Antimony

15

Arsenic

15

Lead

250

Cadmium

5

Chromium, total

250

Cobalt

125

Copper

250

Nickel

250

Zinc

750

Tin

50

49 SR 814.318.142.1

2 Using waste as heating fuel

2.1 In the production of cement clinker the following waste may be used as heating fuels in the main and second firing if the cement clinker produced satisfies the requirements of number 1.4:

a.
waste that primarily consists of rubber and does not contain any mercury, such as used tyres;
b.
waste wood and wood residues, with the exception of waste wood and wood residues that have been impregnated with wood preservatives in a printing process, are coated with halogenated organic compounds or have been treated intensively with wood preservatives such as pentachlorophenol, unless they are treated in the firing process at a minimum temperature of 1100 °C for at least 2 seconds;
c.
unmixed paper, cardboard, textile or plastic waste, unless recycling according to the state of the art is possible;
d.
organic solvents and used oil, with the exception of organic solvents and used oil that do not meet the limit values for PCBs and halogenated organic substances in number 2.2 letter a, unless they are treated in the firing process at a minimum temperature of 1100 °C for at least 2 seconds;
e.
sewage sludge from central waste water treatment plants, animal and bone meal, provided any phosphorus has been removed beforehand in accordance with Article 15.

2.2 Other waste may be used as heating fuel in the main and second firing, provided the cement clinker produced satisfies the requirements of number 1.4 and the waste:

a.
does not exceed not exceed the following limit values (total content):

Substance

Limit in mg/kg

Antimony

300

Arsenic

30

Lead

500

Cadmium

5

Chromium, total

500

Cobalt

250

Copper

500

Nickel

500

Mercury

1

Thallium

3

Zinc

4 000

Tin

100

Polychlorinated biphenyls (PCB)*

10

Halogenated organic substances, as chloride

10 000

*
6 congeners × 4.3 (IUPAC_No.): 28, 52, 101, 138, 153, 180
b.
does not contain medical waste;
c.
does not contain unsafe waste, such as explosive or self-igniting waste.

2.3 The authority may permit higher levels in specific cases if proof is provided that:

a.
appropriate measures are being taken to satisfy the requirements of the APCO relating to limiting emissions of the substances concerned; and
b.
the heavy metal content of the cement clinker produced does not exceed the following limit values (total content), or any excess is not due to human activities:

substance

limit in mg/kg

Antimony

7.5

Arsenic

7.5

Lead

125

Cadmium

2.5

Chromium, total

125

Cobalt

62.5

Copper

125

Nickel

125

Zinc

750

Tin

25

3 Using waste as additives and aggregates

3.1 In grinding cement clinker and producing cement and concrete, the following waste may be used as additives or aggregates:

a.
plaster from the gas desulphurisation of coal-fired power stations and from the construction industry;
b.
fly ash;
c.
paper ash;
d.
ash from the incineration of wood;
e.
granulated blast furnace slag from the production of iron;
f.
other waste that complies with the limit values in Annex 3 number 2 letter c;
g.
electric arc furnace slag from the production of unalloyed or low alloyed steels after 1989.

3.2 In the production of cement, dusts from the exhaust filtering of facilities producing cement clinker may be used as additives or aggregates provided the heavy metal content of the manufactured cement does not exceed the following limit values:

Substance

mg/kg

Cadmium

2

Mercury

0,5

Thallium

2

4 Proof and modification of the limit values

4.1 Proprietors of facilities producing clinker, cement or concrete must provide proof that the requirements of numbers 1–3 are being met. In doing so, they may with the consent of the authority limit chemical analyses to those substances in the case of which a contamination of waste is likely in view of the type and origin of the waste.

4.2 If waste contains substances hazardous to the environment for which there are no limit values in numbers 1–3, the authority shall specify a limit value in each individual case with the FOEN’s consent in accordance with the regulations in the environmental and waters protection legislation.

Annex 5 50

50 Revised by No II of the O of 21 Sept. 2018, in force since 1 Nov. 2018 (AS 2018 3515).

(Art. 19 para. 3, 25 para. 1, 35 para. 1, 39 para. 2 and 40 para. 3)

Requirements for landfill waste

1 Type A acceptable waste

The following waste may be deposited in Type A landfills and compartments, provided it is not contaminated with other waste:

a.
excavated material that satisfies the requirements of Annex 3 number 1, provided recoverable material is removed beforehand;
b.
gravel-wash sludge from the treatment of excavated material in accordance with letter a;
c.
removed topsoil and subsoil if they meet the benchmark values in Annexes 1 and 2 SoilPO51;
d.
bedload from sediment retention basins.

51 SR 814.12

2 Type B acceptable waste

2.1 The following waste may be deposited in Type B landfills and compartments, provided it is not contaminated with other waste:

a.
acceptable waste for Type A landfills and compartments;
b.
flat glass and packaging glass;
c.
waste produced after firing in the production of ceramic products, bricks, tiles and stoneware;
d.
electric arc furnace slag from the production of unalloyed or low alloyed steels after 1989;
e.
excavated asphalt containing up to 250 mg PAH per kg;
f.
mineral waste with bound asbestos fibres;
g.
construction waste other than that mentioned in the letters a, e and f at least 95 per cent by weight of which consists of stones or rocklike material, provided recyclable parts are removed beforehand.

2.2 Vitrified residues may be deposited in Type B landfills and compartments provided no exchange of substances with other waste can occur and the following requirements are met:

a.
The vitrified residues must originate from a process that results in a homogeneous melt. This result is normally achieved if the melt reaches a temperature of at least 1200 °C.
b.
The silica content must amount to at least 25 per cent by weight and the weight ratio of silica to calcium oxide must amount to at least 0.54.
c.
The vitrified residues may not be ground before being deposited.
d.
The solubility of the vitrified residues must be so low that following a three-day period of leaching at 90°C the concentration of silicon in the eluate is less than 12 mg/l and that of calcium is less than 15 mg/l. The 100–125 μm fraction of the ground vitrified residues is used for the leaching test. In that test, 50 mg of the ground residues is analysed in 100 ml water.
e.
Particulate metals contained in the wastes are to be recovered prior to, during or after incineration.
f.
The heavy metal content of the vitrified residues may not exceed the following limit values (total content):

Substance

Limit in mg/kg

Lead

1000

Cadmium

10

Chromium

4000

Copper

3000

Nickel

500

Zinc

6000

In specific cases and in agreement with the Federal Office, the authority may permit higher heavy metal concentrations in the operating licence if this results in less environmental impact than any other form of disposal.

2.3 Other waste may be deposited in Type B landfills and compartments provided:

a.
at least 95 per cent by weight of the dry matter of the waste must consist of stones or rocklike material;
b.
it does not exceed the following limit values (total content):

Substance

Limit in mg/kg dry matter

Antimony

30

Arsenic

30

Lead

500

Cadmium

10

Chromium, total

500

Chromium (VI)

0,1

Copper

500

Nickel

500

Mercury

2

Zinc

1 000

Volatile chlorinated hydrocarbons (CHCs)*

1

Polychlorinated biphenyls (PCB)**

1

Aliphatic hydrocarbons C5–C10***

10

Aliphatic hydrocarbons C10–C40

500

Monocyclic aromatic hydrocarbons (BTEX)****

10

Benzene

1

Polycyclic aromatic hydrocarbons (PAH)*****

25

Benzo(a)pyren

3

Total organic carbon (TOC)

20 000

*
7 CHCs: dichlormethane, trichlormethane, tetrachlormethane, cis-1,2-dichlorethylene, 1,1,1-trichlorethane, trichlorethylene (Tri), perchlorethylene (Per)
**
6 congeners × 4.3 (IUPAC No): 28, 52, 101, 138, 153, 180
***
C5- bis C10-hydrocarbons: area of FID chromatogram between n-pentane and n-decane multiplied by the response factor of n-hexane, minus BTEX
****
6BTEX: benzene, toluene, ethyl benzene, o-xylene, m-xylene, p-xylene
*****
16 EPA-PAH: naphthalene, acenaphthylene, 1,2-dihydroacenaphthylene, fluorene, phenanthrenw, anthracene, fluoranthene, pyrene, benz[a]anthracene, chrysene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, dibenz[a,h]anthracene, benzo[g,h,i]perylene, and indeno[1,2,3-c,d]pyrene
c.
the proportion of soluble salts in the untreated waste does not exceed 0.5 per cent by weight;
d.
the limit values for the substances listed in the following tables are not exceeded in the eluate of the waste. To determine this, the waste must be submitted to a leaching test over a period of 24 hours in distilled water:

Substance

Limit

Ammonia/Ammonium

0.5 mg N/L

Fluoride

2.0 mg/L

Nitrite

1.0 mg/L

Dissolved organic carbon (DOC)

20.0 mg C/L

Cyanide (free)

0.02 mg CN/L

2.4 The limit in number 2.3 letter b for TOC does not apply to removed topsoil and subsoil, unless the excess is due to human activities.

3 Type C acceptable waste

3.1 The following waste may be deposited in Type C landfills and compartments, provided it satisfies the requirements of the numbers 3.2–3.5:

a.
residues from flue gas cleaning from facilities in which municipal waste or waste of similar composition is incinerated, provided metals are recovered beforehand in accordance with Article 32 paragraph 2 letter g;
b.
residues from flue gas cleaning in the incineration of waste in industry and commerce that are not similar to municipal waste;
c.
residues from the treatment of waste water produced in facilities for the incineration of waste;
d.
furnace linings;
e.
other metal-containing, inorganic and poorly soluble waste, provided the metals are recovered beforehand.

3.2 The waste must meet the following requirements:

a.
No pollutants may be released in the long-term.
b.
The proportion of soluble salts in the waste may not exceed 3 per cent by weight.
c.
On contact with other waste, water or air, the waste cannot form gases or readily water-soluble substances.
d.
the limit values for the substances listed in the following tables are not exceeded in the eluate of the waste. To determine this, the waste must be submitted to two tests. Water continually saturated with carbon dioxide must be used as leaching agent in test 1, while distilled water must be used in test 2.

Test 1

Substance

Limit

Aluminium

10.0 mg/L

Arsenic

0.1 mg/L

Barium

5.0 mg/L

Lead

1.0 mg/L

Cadmium

0.1 mg/L

Chromium-(III)

2.0 mg/L

Cobalt

0.5 mg/L

Copper

0.5 mg/L

Nickel

2.0 mg/L

Mercury

0.01 mg/L

Zinc

10.0 mg/L

Tin

2.0 mg/L

Test 2

Substance

Limit

Ammonia/Ammonium

5.0 mg N/L

Cyanide (free)

0.1 mg CN-/L

Chromium-(VI)

0.1 mg/L

Fluoride

10.0 mg/L

Nitrite

1.0 mg/L

Sulfite

1.0 mg/L

Sulfide

0.1 mg/L

Phosphate

10.0 mg P/L

Dissolved organic carbon (DOC)

20.0 mg C/L

pH value

6–12

3.3 The total content of polychlorinated dibenzo[1,4]dioxins (PCDDs) and polychlorinated dibenzofurans (PCDF) in residues from flue gas cleaning in accordance with number 3.1 letters a and b may not exceed 1 µg per kg. The calculation of the content is carried out on the basis of the toxicity equivalency factors (TEF) according to the state of the art.

3.4 The content in organic substances of waste in accordance with number 3.1 letters c–e may not exceed the following limit values (total content):

Substance

Limit in mg/kg
dry matter

Volatile chlorinated hydrocarbons (CHCs)*

1

Polychlorinated biphenyls (PCB)**

1

Aliphatic hydrocarbons C5–C10***

10

Aliphatic hydrocarbons C10–C40

500

Monocyclic aromatic hydrocarbons (BTEX)****

10

Benzene

1

Polycyclic aromatic hydrocarbons (PAH)*****

25

Benzo(a)pyrene

3

Total organic carbon (TOC)

20 000

*, **, ***, ****, ***** See the explanatory notes for number 2.3 letter b

3.5 The total mercury content of waste containing metal, and inorganic or poorly soluble waste in accordance with number 3.1 letter e may not exceed 5 mg per kg in relation to the dry matter,.

4 Type D acceptable waste

4.1 The following waste may be deposited on landfills and compartments of Type D:

a.
filter ash from facilities in which municipal waste or waste of similar composition is incinerated, provided metals in accordance with Article 32 paragraph 2 letter g are recovered beforehand;
b.
screen glass, after its coating has been completely removed;
c.
vitrified residues in accordance with number 2.2;
d.
slag containing no more than 20 000 mg TOC per kg from facilities in which special waste is incinerated;
e.
filter ash that has undergone acid scrubbing;
f.
bed and grate ash as well as filter ash and dust from the thermal use of wood fuel in accordance with Annex 5 number 31 paragraph 1 of the Air Pollution Control Ordinance of 16 December 198552 (OAPC);
g.
bed and grate ash from the incineration of wood that is not wood fuel as defined in Annex 5 number 31 paragraph 2 OAPC containing no more than 20 000 mg TOC per kg;
h.
non-combustible mineral shot butt material.

4.2 The total content of PCDDs and PCDFs in filter ash in accordance with number 4.1 letters a and e may not exceed 1 µg per kg. The calculation of the content is carried out on the basis of the toxicity equivalency factors (TEF) according to the state of the art.

4.3 Slag from facilities in which municipal waste or waste of similar composition is incinerated may be deposited in Type D landfills or compartments if:

a.
the non-ferrous particulate metals contained in the slag have been recovered beforehand at least to the extent that their proportion in the slag does not exceed 1.5 per cent by weight. In order to determine the content in non-ferrous metals, the slag is ground to a particle size of 2 mm;
b.
it contains no more than 20 000 mg TOC per kg.

4.4 Forms of ash from the incineration of sewage sludge and non-combustible mineral shot butt material may be deposited in Type D landfills or compartments provided:

a.
they do not exceed the following limit values (total content):

Substance

Limit in mg/kg
in dry matter

Antimony

50

Arsenic

50

Lead

2 000

Cadmium

10

Chromium, total

1 000

Chromium (VI)

0,5

Copper

5 000

Nickel

1 000

Mercury

5

Zinc

5 000

Volatile chlorinated hydrocarbons (CHCs)*

1

Polychlorinated biphenyls (PCB)**

1

Aliphatic hydrocarbons C5–C10***

10

Aliphatic hydrocarbons C10–C40

500

Monocyclic aromatic hydrocarbons BTEX****

10

Benzene

1

Polycyclic aromatic hydrocarbons (PAH)*****

25

Benzo(a)pyrene

3

Total organic carbon (TOC)

20 000

*, **, ***, ****, ***** See the explanatory notes for number 2.3 letter b

b.
the concentration of free cyanide in the eluate of the waste does not exceed 0.02 mg per l; to determine this, the waste must be submitted to a leaching test over a period of 24 hours in distilled water.

52 SR 814.318.142.1

5 Type E acceptable waste

5.1 The following waste may be deposited in Type E landfills and compartments of:

a.
residues from the treatment of grit chamber waste resulting from sewer cleaning;
b.
waste arising from floods or fires, provided it has been roughly sorted and cannot be disposed of in any other way;
c.
the non-combustible, fine fraction of residues from the mechanical treatment of construction waste, unless it exceeds the limit values of number 5.2 letter a for PCBs and PAHs;
d.
non-combustible construction waste made up of composite materials;
e.
waste containing asbestos;
f.
bed and grate ash as well as filter ash and dust from the thermal use of wood fuel in accordance with Annex 5 number 31 paragraph 1 OAPC;
g.
bed and grate ash from the incineration of wood that is not defined as wood fuel in Annex 5 number 31 paragraph 2 OAPC containing no more than 50 000 mg TOC pro kg.

5.2 Other waste may be deposited in Type E landfills and compartments provided:

a.
it does not exceed the following limit values (total content):

Substance

Limit in mg/kg
dry matter

Antimony

50

Arsenic

50

Lead

2 000

Cadmium

10

Chromium, total

1 000

Chromium (VI)

0,5

Copper

5 000

Nickel

1 000

Mercury

5

Zinc

5 000

Volatile chlorinated hydrocarbons (CHCs)*

5

Polychlorinated biphenyls (PCB)**

10

Aliphatic hydrocarbons C5–C10***

100

Aliphatic hydrocarbons C10–C40

5 000

Monocyclic aromatic hydrocarbons BTEX****

100

Benzene

1

Polycyclic aromatic hydrocarbons (PAH)*****

250

Benzo(a)pyrene

10

Total organic carbon (TOC)

50 000

*, **, ***, ****, ***** See the explanatory notes for number 2.3 letter b

b.
the proportion of soluble salts in the untreated waste does not exceed 5 per cent by weight;
c.
the concentration of free cyanide in the eluate of the waste does not exceed 0.03 mg per l; to determine this, the waste must be submitted to a leaching test over a period of 24 hours in distilled water.

5.3 In specific cases, the cantonal authority may with the FOEN’s consent authorise the deposit of waste that is not in mentioned number 5.1 and which does not satisfy the requirements of number 5.2, provided no form of disposal other than landfill is technically feasible.

5.4 Waste that is permitted in Type A landfills and compartments may be deposited in Type E landfills and compartments as a levelling layer before surface closure, provided no waste in accordance with numbers 5.1‑5.3 is used.

6 Proof and amendment of the limit values

6.1 Proprietors of waste must prove that the requirements in numbers 1–5 have been met. In doing so, they may with the consent of the authority limit chemical analyses to those substances in the case of which a contamination of waste is likely in view of the type and origin of the waste.

6.2 If waste contains substances hazardous to the environment for which there are no limit values in numbers 1–5, the authority shall specify a limit value in each individual case with the FOEN’s consent in accordance with the regulations in the environmental and waters protection legislation.

Annex 6

(Art. 48)

Amendment of other legislation

The following enactments are amended as follows:

...53

53 The amendments may be consulted under AS 2015 5699.

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