1 Liable to a fine not exceeding 20,000 francs is any person who wilfully:161
- a.
- fails to comply with the limitations of emissions stipulated in this Act (Art. 12 and 34 para. 1);
- b.
- fails to comply with remediation orders (Art. 16 and 32c para. 1);
- c.
- fails to carry out officially ordered soundproofing measures (Art. 19–25);
- d.
- provides false or incomplete information or instructions (Art. 27);
- e.
- handles substances with no accompanying information or instructions in such a manner that they, their derivatives or waste may present a danger to the environment or indirectly endanger people (Art. 28);
- f.
- burns waste illegally outside installations (Art. 30c para. 2);
- g.
- deposits waste outside authorised landfills (Art. 30e para. 1);
- h.
- infringes the reporting duties in connection with waste (Art. 30fpara. 4, 30g para. 2, 32b para. 2 and 3);
- i.
- infringes the regulations on waste (Art. 30a let. a and c, 30b, 30c para. 3, 30d, 30h para. 1, 32abis, 32b para. 4 and 32e para. 1–4);
- k.
- infringes the regulations on the movement of other forms of waste (Art. 30gpara. 1);
- l.
- fails to guarantee coverage of the costs of closure, after-care and remediation of a landfill (Art. 32b para. 1);
- m.
- infringes the regulations on physical impacts on and the use of the soil (Art. 33 para. 2 and 34 para. 1 and 2) or on measures to reduce the soil pollution (Art. 34 para. 3);
- mbis.162
- infringes regulations on the traceability of timber and wood products and raw materials and products specified by the Federal Council pursuant to Article 35eparagraph 3 and for which a documentation requirement has been imposed (Art. 35g para. 1);
- n.
- infringes the regulations on placing series-produced installations163 on the market (Art. 40);
- o.
- refuses to provide information to the competent authority or provides incorrect information (Art. 46);
- p.164
- infringes the regulations on providing a guarantee for liability (Art. 59b).
2 If the offender acts negligently, the penalty is a fine.
3 Attempts and complicity are also offences.
161Amended by No II 1 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435).
162 Inserted by No I of the FA of 27 Sept. 2019, in force since 1 Jan. 2022 (AS 2021 614; BBl 2019 1251).
163Previously: type approval testing and labelling
164Amended by No II 1 of the FA of 19 March 2010, in force since 1 Aug. 2010 (AS 2010 3233; BBl 2009 5435).