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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 CSO52. 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. |