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RS 814.20 Federal Water Protection Act, January 24, 1991 (LEaux)

Original Language Title: RS 814.20 Loi fédérale du 24 janvier 1991 sur la protection des eaux (LEaux)

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814.20

Federal Water Protection Act

(LEaux)

24 January 1991 (State 1 Er January 2016)

The Swiss Federal Assembly,

See art. 76, para. 2 and 3 of the Constitution 1 , 2 Having regard to the message of the Federal Council of 29 April 1987 3 ,

Stops:

Title 1 General provisions

Art. 1 Purpose

The purpose of this Act is to protect the waters against any harmful interference. Its purpose is to:

A.
Preserve the health of humans, animals and plants;
B.
Ensure the supply of drinking water and industrial water and promote the safe use of water;
C.
Safeguard natural biotopes for native flora and fauna;
D.
Safeguard fish waters;
E.
To save water as part of the landscape;
F.
Irrigation of agricultural land;
G.
To allow recreational water to be used;
H.
To ensure the natural functioning of the hydrological regime.
Art. 2 Scope of application

This Act applies to surface waters and groundwater.

Art. 3 Duty Due Diligence

Each person shall endeavour to prevent any harm to the waters by ensuring due diligence in the circumstances.

Art. 3 A 1 Principle of Causality

The person who is responsible for a measure prescribed by this Law shall bear the costs.


1 Introduced by ch. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).

Art. 4 Definitions

For the purposes of this Law:

A.
Surface waters: surface waters, beds, bottoms and banks, as well as the flora and fauna that live there.
B.
Groundwater : subsoil water, aquifers, impermeable bedrock and cover layers.
C.
Harmful interference : any pollution and any interference that may affect the appearance or functions of a water.
D.
Pollution : any harmful alteration of the physical, chemical or biological properties of the water.
E.
Water to be evacuated : water weathered as a result of household, industrial, craft, agricultural or other use, as well as the waters flowing with them into the sewers and those that come from built-up surfaces or waterproofing surfaces.
F.
Polluted waters : the waters to be evacuated that are likely to contaminate the water in which they are discharged.
G.
Farm fertilizer : manure, manure, and elevator juice from the custody of annuity animals.
H.
Flow Q 347 : the flow rate of a stream reaches or exceeded for 347 days per year, the average of which is calculated over a 10-year period and is not significantly influenced by impoundments, withdrawals, or water intakes.
I.
Steady flow : a debit Q 347 Greater than zero.
K.
Residual flow : the flow of a stream that remains after one or more samples.
L.
Staffing rate : the amount of water required to maintain a specified residual flow after sampling.
M. 1
Revitalization : the restoration, by construction work, of the natural functions of surface water dammed, corrected, covered or grounded.

1 Introduced by c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

Art. 5 Exceptions for National Defence and Emergencies

If the interests of national defence require it, or in an emergency, the Federal Council may derogate from this Act by order.

Title 2 Prevention and repair of harmful water damage

Chapter 1 Safeguarding water quality

Section 1 Discharge, introduction and infiltration of substances

Art. 6 Principle

1 It is prohibited to introduce directly or indirectly into water substances that pollute the water; the infiltration of such substances is also prohibited.

2 Similarly, it is prohibited to deposit and apply such substances out of water if there is a specific risk of water pollution.

Art. 7 Water Evacuation

1 Polluted waters must be treated. Their discharge into water or infiltration is subject to Cantonal authorization.

2 Unpolluted waters shall be evacuated by infiltration in accordance with the cantonal regulations. If local conditions do not permit infiltration, these waters may be discharged into surface waters; as much as possible, retention measures will be taken to regulate flows in the event of high flows. Spills that are not indicated in communal planning for the disposal of the waters approved by the Township are subject to Cantonal Authorization. 1

3 The cantons shall ensure the establishment of communal planning and, if necessary, regional planning for the discharge of water. 2


1 New content according to the c. I 3 of the LF of 21 Dec. 2007 on the elimination and simplification of authorisation procedures, in force since the Er June 2008 ( RO 2008 2265 ; FF 2007 311 ).
2 Introduced by ch. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).

Art. 8 1

1 Repealed by c. 2 of the annex to the LF of 21 Dec. 1995, with effect from 1 Er Jul. 1997 (RO 1997 1155; FF 1993 II 1337).

Art. Federal Council requirements for the discharge and infiltration of substances

1 The Federal Council sets out the requirements for the quality of surface water and groundwater.

2 It lays down requirements concerning:

A.
The discharge into water of the waters to be discharged;
B.
Infiltration of water to be evacuated;
C.
Substances which, according to their mode of use, may reach in the water and which, because of their properties or the quantities used, are likely to pollute or interfere with the operation of the facilities for disposal and treatment Of water.

Section 2 Wastewater treatment and use of farm fertilizers

Art. 10 Public sewers and central water treatment plants

1 The cantons are responsible for the construction of public sewage systems and of the central sewage treatment plants from:

A.
Areas to be built;
B.
Groups of buildings located outside the areas to be built for which special treatment methods (art. 13) do not provide adequate protection of water or are not economic.

1bis They are responsible for the economic exploitation of these facilities. 1

2 In remote areas or in areas with low population density, waters polluted by systems other than central treatment plants will be treated, provided that the protection of surface water and groundwater is Provided.

3 Private sewers that can also be used for public purposes are treated as public sewers.

4 ... 2


1 Introduced by ch. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).
2 Repealed by c. I of the PMQ of 20 June 1997, with effect from 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).

Art. 11 Obligations to connect and take responsibility for polluted waters

1 The polluted water produced in the public sewers must be discharged into the sewers.

2 The public sewage perimeter includes:

A.
Areas to be built;
B.
Other areas as soon as they are equipped with sewers (art. 10, para. 1, let. (b);
C.
Other areas in which connection to the sewer system is appropriate and can reasonably be considered.

3 Sewage holders are required to take over polluted water and take them to the central treatment plant.

Art. 12 Special Cases in the Public Sewer Perimeter

1 The person who holds wastewater that does not meet the requirements for the discharge to the sewers must submit these to a pretreatment. It is regulated by the cantons.

2 Where wastewater is not suitable for treatment at a central station, the Cantonal Authority prescribes an appropriate disposal method.

3 Unpolluted waters whose flow is permanent shall not be brought, directly or indirectly, to a central treatment plant. The cantonal authority may authorise exceptions.

4 In an agricultural operation involving a large cattle or porcine herd, domestic wastewater can be mixed with the slurry (art. 14) when:

A.
Residential buildings, operating buildings and adjoining lands have been classified as agricultural areas or the municipality has made the necessary arrangements for them, including land use planning;
B.
Storage capacity is sufficient for domestic wastewater to be collected and used on clean or fermage land.

5 If, within five years, residential buildings, operating buildings and adjacent lands within the meaning of s. 4 are not classified in the agricultural zone; domestic wastewater will then be discharged into the sewers.

Art. 13 Special sewage disposal methods

1 Outside the public sewers, the sewage is evacuated according to the state of the art.

2 The cantons shall ensure that water quality meets the requirements laid down.

Art. 14 Custody of Annuity Animals

1 Every farm engaged in the care of livestock strives to balance the balance of fertilizers.

2 Farm fertilizers must be used in agriculture, horticulture and gardening according to the state of the art and in a way that is compatible with the environment.

3 The operation must have facilities to store these fertilizers for at least three months. The cantonal authority may prescribe a higher storage capacity for farms located in mountain regions or subject to adverse climatic conditions or special conditions in respect of plant production. It may permit a lower capacity for barns which are occupied only by cattle.

4 The quantity of fertilizer per hectare of useful surface shall not exceed three units of large beta-smoking. If a portion of the farm fertilizer from the farm is applied outside the normal operating radius for the locality, the number of livestock shall permit the application on the useful surface, in its own or in fermage, of at least half The quantity of farm manure from the farm. 1

5 Farms that yield farm fertilizers must record all shipments in the information system referred to in s. 165 F Of the Agriculture Act of 29 April 1998 2 . 3

6 The Cantonal Authority reduces the number of large cattle-smoking units per hectare depending on the loading of the soil into pollutants, altitude and topographic conditions. 4

7 The Federal Council may authorize exceptions to the relevant surface requirements for:

A.
Beekeeping and guard of horses, as well as other existing small or medium-sized farms, which practice the care of annuities;
B.
Companies that carry out tasks of public interest (waste recycling, research, etc.).

8 A large beta-smoking unit corresponds to the average annual production of a 600 kg cow's farm fertilizer.


1 New content according to the c. 6 of the annex to the PMQ of 22 March 2013, in force since 1 Er Jan 2014 ( RO 2013 3463 3863; FF 2012 1857 ).
2 RS 910.1
3 New content according to the c. 6 of the annex to the PMQ of 22 March 2013, in force since 1 Er Jan 2014 ( RO 2013 3463 3863; FF 2012 1857 ).
4 New content according to the c. 6 of the annex to the PMQ of 22 March 2013, in force since 1 Er Jan 2014 ( RO 2013 3463 3863; FF 2012 1857 ).

Art. 15 Construction and control of facilities and equipment 1

1 The holders of facilities for the disposal and treatment of waste water, storage facilities and technical processing facilities for farm fertilizers and liquid digests, as well as feed silos, ensure that They are properly constructed, used, maintained and repaired. 2 The operation of waste water disposal and treatment facilities, as well as those used in the treatment of farm fertilizers, must be monitored periodically.

2 The cantonal authority ensures control.


1 New content according to the c. I of the PMQ of 24 March 2006, in force since 1 Er Jan 2007 ( RO 2006 4287 ; FF 2005 869 ).
2 New content according to the c. 6 of the annex to the PMQ of 22 March 2013, in force since 1 Er Jan 2014 ( RO 2013 3463 3863; FF 2012 1857 ).

Art. 16 Federal Council Requirements for the Treatment of Wastewater and the Control of Facilities

The Federal Council sets out the requirements to be met by:

A.
The discharge into the sewers;
B.
Special releases from production processes;
C.
Waste from water treatment plants, their recovery or disposal;
D.
Control of facilities and equipment;
E.
The use of water from the treatment of farm fertilizers.

Section 3 Conditions for the disposal of waste water for the purpose of obtaining a building permit

Art. 17 Principle

A permit to construct or process a building may only be issued under the following conditions:

A.
In the area of public sewers, the discharge of polluted water into the sewers (art. 11, para. 1) or the use of these waters for agricultural purposes (art. 12, para. 4) are guaranteed;
B.
Out of the public sewers, the proper disposal of polluted waters is ensured by a special process (art. 13, para. 1); the cantonal water protection service must have been consulted;
C.
The proper disposal of waters which do not lend themselves to treatment at a central treatment plant is guaranteed (Art. 12, para. 2).
Art. 18 Derogations

1 For small buildings and installations located in the public sewers but which cannot, for imperative reasons, be immediately connected to the network, the building permit may be issued if the connection is possible to Short term and if the wastewater is disposed of satisfactorily in the interim. The authority shall consult the cantonal water protection service before issuing the permit.

2 The Federal Council may specify the conditions to be fulfilled.

Section 4 Organizational measures of the Territory

Art. 19 Areas of Water Protection

1 The cantons subdivide their territory into areas of protection according to the risks to which surface water and groundwater are exposed. The Federal Council shall issue the necessary requirements.

2 The construction and processing of buildings and installations, as well as excavations, earthworks and other similar works in particularly threatened areas, are subject to cantonal authorisation if they can endanger the Water. 1


1 New content according to the c. I of the PMQ of 24 March 2006, in force since 1 Er Jan 2007 ( RO 2006 4287 ; FF 2005 869 ).

Art. Groundwater protection zones

1 The cantons delimit areas of protection around the facilities for artificial feeding of groundwater which are in the public interest; they lay down the necessary restrictions on the right to property.

2 Groundwater holders are required to:

A.
Make the necessary statements to delimit the protection areas;
B.
Acquire the necessary real rights;
C.
To take charge of the compensation payable in the event of a restriction of the right of ownership.
Art. Groundwater protection meters

1 The cantons delimit the important perimeters for the future exploitation and artificial feeding of groundwater. In these perimeters, it is prohibited to construct buildings, build facilities or carry out work that could jeopardize the future establishment of facilities for the operation or artificial feeding of water Underground.

2 The cantons may charge future holders of groundwater and artificial groundwater supplies the compensation to be paid in the event of a restriction of the right of ownership.

Section 5 Requirements for liquids to pollute the waters

Art. 1 General Requirements

1 The holders of installations containing liquids of a nature to pollute the waters shall ensure the proper installation, control, operation and maintenance of the buildings and apparatus necessary for the protection of the Water. Storage facilities subject to authorization (s. 19, para. 2) shall be checked every 10 years at least; depending on the danger they represent for the waters, the Federal Council shall fix intervals of control for other installations.

2 In storage facilities and in the areas of transfer, prevention, easy detection and retention of leaks must be guaranteed.

3 Installations containing liquids which pollute the water shall not be constructed, processed, controlled, fulfilled, maintained, emptied and taken out of service only by persons who guarantee, through their training, their Equipment and their experience, respect for the state of the art.

4 Every person who manufactures installation elements shall check that they correspond to the state of the art and shall produce documents attesting to the results of such checks.

5 If installations containing liquids which pollute the waters are constructed, processed or decommissioned, their holders must notify the canton, according to the canton's directives.

6 The holders of installations containing liquids of a nature to pollute the waters and the persons responsible for their operation or maintenance shall immediately notify the police of the protection of the waters of any detected leakage. They shall take on their own initiative all measures which may reasonably be required of them in order to avoid polluting the waters.

7 The s. 2 to 5 do not apply to facilities that are not capable of endanging water or can only be used to a small extent.


1 New content according to the c. I of the PMQ of 24 March 2006, in force since 1 Er Jan 2007 ( RO 2006 4287 ; FF 2005 869 ).

Art. 1

1 Repealed by c. I of the PMQ of 24 March 2006, with effect from 1 Er Jan 2007 ( RO 2006 4287 ; FF 2005 869 ).

Art. 24 Caves-tanks

Liquids that pollute the water should not be stored in storage tanks if they are likely to come into direct contact with groundwater.

Art. 25 Substances that pollute the waters

Art. 22 and 24 apply by analogy to substances which, in contact with liquids, can form liquids that pollute the water.

Art. 26 1

1 Repealed by c. I of the PMQ of 24 March 2006, with effect from 1 Er Jan 2007 ( RO 2006 4287 ; FF 2005 869 ).

Section 6 Land use and water measures

Art. 27 Exploitation of soils

1 The soil shall be operated according to the state of the art, so as not to harm the water, in particular by avoiding the fact that the fertilisers or the products for the treatment of plants are washed away by runoff or leaching.

2 The Federal Council may issue the necessary requirements.

Art. 28 Measures applied to waters

If, for water, the measures provided for in s. 7 to 27 is not sufficient to meet the requirements of water quality (art. 9, para. 1), the cantons shall ensure that complementary measures are applied directly to this water.

Chapter 2 Maintenance of suitable residual flows

Art. Authorization

Must be the holder of an authorization which, exiting the limits of common use:

A.
Operates a collection in a permanent flow stream;
B.
Operates, in lakes or groundwater, a levy that significantly influences the flow of a stream at a permanent flow rate.
Art. Conditions to be filled

The levy may be authorized if:

A.
The requirements set out in s. 31 to 35 are respected;
B.
Associated with other levies, it reduces by 20 % at most the flow Q 347 A watercourse and does not exceed 1000 l/s; or
C.
For drinking water, it does not exceed an average of 80 litres per year when operated in a source and 100 l/s when operated in groundwater.
Art. Minimum Residual Rate

1 When samples are taken in permanent flow streams, the residual flow rate must be at least:

For Q Debit 347 Less than or equal to 60 l/s 50 l/s

Plus, per 10 l/s 8 l/s

For Q Debit 347 160 l/s 130 L/s

Plus, per 10 l/s 4.4 l/s

For Q Debit 347 500 l/s 280 l/s

Plus, per 100 l/s 31 l/s

For Q Debit 347 2500 l/s 900 l/s

More, per 100 l/s 21.3 l/s

For Q Debit 347 10 000 l/s 2,500 l/s

Plus, per 1000 l/s 150 l/s

For Q Debit 347 Equal to or greater than 60 000 l/s 10,000 l/s

2 The residual flow calculated according to para. 1 must be increased when the following requirements are not met and cannot be met by other measures:

A.
The quality of the surface water is in conformity with the requirements in spite of the withdrawal and the discharges of water to be evacuated;
B.
Groundwater recharge is ensured in such a way that the levies necessary for the supply of drinking water can be obtained normally and that the water content of agricultural soils is not significantly Assigned;
C.
Rare biotopes and biocenoses whose existence is directly or indirectly related to the nature and size of the watercourse must be preserved; if there are compelling reasons for this conservation, they will be replaced in the Measure, by others of the same value;
D.
The water depth necessary for the free migration of fish must be guaranteed;
E.
Fish waters with a flow of Q 347 Is less than or equal to 40 l/s are maintained as such when they are at an altitude of less than 800 m and are used as spawning grounds for fish or habitat for their offspring.
Art. 32 Derogations

Cantons may authorize lower residual flows:

A. 1
On a section of 1000 m downstream of the sampling point, when the flow Q 347 Is less than 50 l/s, if the watercourse is at an altitude of more than 1700 m or is non-piscicole and is between 1500 and 1700 m altitude;
B.
Where the samples are operated in non-fish waters and provided that the remaining flow rate is at least 35 % of the flow Q 347 ;
B Bis . 2
On a section of 1000 m downstream of the sampling point, provided that its ecological potential is low and that the natural functions of the watercourse are not significantly affected;
C.
Where the watercourses are in a limited, low-lying area with a topographic unit, water protection and use plans have been established and the reduction in flow is compensated in the same area, by An example by waiving other levies; the aforementioned plans will be subject to approval by the Federal Council;
D.
When it is necessary to carry out temporary water withdrawals, for example, to ensure the supply of drinking water, to fight fires or to irrigate agricultural land.

1 New content according to the c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
2 Introduced by c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

Art. 33 Increase in minimum residual flow rate

1 The authority sets a higher residual flow rate as high as possible after weighing the interest.

2 In particular, in favour of a water withdrawal:

A.
The public interest that the levy should serve;
B.
The economic interests of the region from which the water originates;
C.
The economic interests of the person who intends to make the levy;
D.
The supply of energy, when it requires a water withdrawal.

3 In particular, a water withdrawal shall be opposed:

A.
The importance of the watercourse as part of the landscape;
B.
The importance of the watercourse as a biotope and the maintenance of the diversity of the fauna and flora that depend on it, as well as the conservation of the yield of fishing and the natural reproduction of fish;
C.
Maintaining a flow rate that ensures long-term compliance with water quality requirements;
D.
The maintenance of a balanced groundwater regime that, in the long term, allows for the use of groundwater as drinking water, to continue to operate according to the usual mode and to preserve vegetation adapted to the station;
E.
Maintenance of agricultural irrigation.

4 Any person who intends to take a levy in a watercourse shall submit to the authority a report concerning:

A.
The likely impact of the levy, for various debits, on the interest used in the levy, including on the generation of electrical energy and its cost;
B.
The interests to which the levy may be opposed and the possibilities of countering it.
Art. 34 Water withdrawals from lakes and groundwater

When samples taken from a lake or groundwater supply significantly influence the flow of a stream, s. 31 to 33 apply by analogy to the protection of this watercourse.

Art. 35 Decision of the authority

1 The authority in each case shall determine the staffing rate and other measures necessary to protect the watercourse downstream of the levy.

2 It can set differentiated staffing rates over time. These flows shall not be less than the minimum residual rates set out in Art. 31 and 32.

3 The authority shall consult the services concerned before taking its decision; in the case of levies for hydro-electric installations of a gross power greater than 300 kW, it shall also consult the Confederation.

Art. 36 Control of Staffing Rate

1 A person who operates a levy in a water shall be required to demonstrate to the authority, through measures, that he or she is in compliance with the staffing rate. Where the costs are not reasonable, the evidence can be provided by calculation of the water balance.

2 If it is found that the actual flow rate is temporarily lower than the fixed rate, only a quantity of water equal to the actual flow rate must be returned during that period.

Chapter 3 Prevention and repair of other harmful water damage 4

Art. 36 A 1 Space reserved for water

1 The cantons shall determine, after consultation with the relevant media, the space necessary for the surface waters (water reserved area) to ensure:

A.
Their natural functions;
B.
Flood protection;
C.
Their use.

2 The Federal Council regulates the modalities.

3 The cantons shall ensure that the management plans and allocation plans take account of the area reserved for water and that it is developed and operated extensively. The space reserved for water is not considered to be a drying surface. The disappearance of drying surfaces shall be compensated in accordance with the sectoral plans of the Confederation referred to in Art. 13 of the Act of 22 June 1979 on land use planning 2 .


1 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
2 RS 700

Art. Watercourse corrections and corrections

1 Watercourses can only be dammed or corrected if these interventions:

A. 1
Be required to protect important persons or property (s. 3, para. 2, of the Federal Law of 21 June 1991 on the Development of Watercourses 2 );
B.
Necessary for the development of waterways or the use of hydraulic power in the public interest;
B Bis . 3
Are required to construct a landfill that can only be carried out at the intended location and on which only excavated material and unpolluted excavated and excavated material will be stored;
C.
Make it possible to improve within the meaning of this Law the condition of a watercourse already contained or corrected.

2 In these interventions, the natural course of watercourses should be respected or restored as far as possible. The waters and space reserved for the waters shall be arranged in such a way that: 4

A. 5
They can accommodate a diverse flora and fauna;
B.
The interactions between surface water and groundwater should be maintained as far as possible;
C.
Vegetation adapted to the site can grow on the banks.

3 In built-up areas, the authority may authorize exceptions to para. 2.

4 L' al. 2 applies by analogy to the creation of artificial watercourses.


1 New content according to the c. I of the PMQ of March 22, 2013, in force since 1 Er August 2013 ( RO 2013 2339 ; FF 2012 8687 8695).
2 RS 721.100
3 Introduced by ch. I of the PMQ of March 22, 2013, in force since 1 Er August 2013 ( RO 2013 2339 ; FF 2012 8687 8695).
4 New content according to the c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
5 New content according to the c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

Art. 38 Cover or land use of watercourses

1 Watercourses should not be covered or grounded.

2 The authority may authorize exceptions to:

A.
Flood weir channels and irrigation canals;
B.
Passages through channels of communication;
C.
Passages under agricultural or forestry roads;
D.
Small, non-permanent drainage ditches;
E.
Rehabilitation of covered or grounded sections to the extent that a free-air flow cannot be restored or would cause significant damage to agriculture.
Art. 38 A 1 Revitalization of water

1 The cantons are responsible for revitalising the waters. They take into account the benefits of these interventions for nature and landscape, as well as their economic impact.

2 The cantons plan and schedule the revitalisations. They ensure that management plans and assignment plans take this planning into account. The disappearance of drying surfaces shall be compensated in accordance with the sectoral plans of the Confederation referred to in Art. 13 of the Act of 22 June 1979 on land use planning 2 .


1 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
2 RS 700

Art. 39 Introduction of Solid Substances in Lakes

1 It is forbidden to introduce solid substances into the lakes, even if they are not likely to pollute the water.

2 The Cantonal Authority may authorize the filling:

A.
For buildings which cannot be erected in another place and which are situated in a built-up area, where the overriding public interest so requires and the objective cannot be achieved otherwise;
B.
If it allows for shoreline improvement.

3 Backfill should be carried out as naturally as possible; the destroyed riparian vegetation should be replaced.

Art. 39 A 1 Lock

1 The holders of hydro-electric power plants take construction measures to prevent or eliminate the serious damage caused by sudden and artificial variations in the flow of a stream (lock) to native flora and fauna And their biotopes. At the request of the holder of a hydroelectric power plant, the authority may order operating measures instead of construction work.

2 The measures are defined according to the following factors:

A.
Severity of the watercourse damage;
B.
Ecological potential of the watercourse;
C.
Proportionality of costs;
D.
Flood protection;
E.
Energy policy objectives for the promotion of renewable energy.

3 In the watershed of the watercourse concerned, the measures should be coordinated after consultation with the holders of the hydropower plants concerned.

4 The compensation basins set up in accordance with para. 1 may be used for the purpose of accumulation and pumping without modification of the lease.


1 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

Art. 40 Curling and emptying of impoundments

1 In the course of curing and emptying of impoundments or during the control of water discharge and flood discharge devices, the operator of the work shall ensure, to the greatest extent possible, that wildlife and wildlife are not adversely affected. Flora in the downstream part of the stream.

2 He may only carry out a curage or a discharge with the permission of the canton; the authority issuing the authority shall consult the services concerned. If periodic curages or dumping are necessary for the safety of the operation, the authority shall confine itself to determining the timing of the operation and its mode of execution.

3 If, at extraordinary events, the operator must immediately lower the water level of the impoundment for safety reasons, the operator shall without delay inform the authority issuing the authorisation.

Art. Floating detritus accumulated near restraint structures

1 The person who operates a retainer is prohibited from discharging the floating detritus collected upstream. The authority may authorize exceptions.

2 It shall periodically collect floating detritus at the edge of the facility, in accordance with the requirements of the authority.

Art. Water removal and discharge

1 The removal or discharge of water into a natural lake shall not result in a significant alteration of the stratification and currents of the lake, nor result in any variation in the level likely to affect the riparian area.

2 When water is discharged into a watercourse, the mode and location of the spill will be selected to ensure that the containment and corrections are avoided as much as possible.

Art. 43 Protection of groundwater

1 The cantons shall ensure that samples taken in an underground water table are not greater than the quantity of water that supplies it. The levies may, however, temporarily exceed the contributions, provided that they do not affect the quality of the groundwater or the vegetation.

2 The cantons shall endeavour to improve, as far as possible, the condition of groundwater when they are overexploited or that their diet has been reduced, by reducing sampling, by artificially feeding the slicks or Storing drinking water in the basement.

3 The creation of permanent communication between groundwater is prohibited if such intervention can reduce groundwater supplies or alter their quality.

4 The construction shall not have the effect of significantly and permanently reducing the capacity of the reservoir, nor the flow of exploitable groundwater.

5 Low-height retaining structures should not seriously affect groundwater or the vegetation that depends on the level of the groundwater. The authority may authorize exceptions for existing facilities.

6 The drainage of a region causing, on a large surface, the reduction in the level of groundwater is permitted only if it is the only means of maintaining the operation of agricultural land.

Art. 43 A 1 Thriage system

1 The watercourse of a watercourse shall not be altered by facilities to the extent that it seriously affects the indigenous flora and fauna and their biotopes, the groundwater regime and the flood protection. The holders of these facilities shall take the necessary measures.

2 The measures are defined according to the following factors:

A.
Severity of the watercourse damage;
B.
Ecological potential of the watercourse;
C.
Proportionality of costs;
D.
Flood protection;
E.
Energy policy objectives for the promotion of renewable energy.

3 In the watershed of the watercourse concerned, the measures must be coordinated after consultation with the holders of the facilities concerned.


1 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

Art. 44 Mining of gravel, sand or other materials

1 Any person who intends to use gravel, sand or other materials or undertake preliminary excavations for that purpose must obtain an authorization.

2 These holdings are not permitted:

A.
In groundwater protection areas;
B.
Below the level of exploited groundwater;
C.
In streams, when the solid discharge is not compensating for the drawdown.

3 The exploitation of materials may be permitted above exploitable groundwater, provided that a protective layer of material is maintained above the highest level that the slick can reach. The thickness of this layer will be determined according to local conditions.

Title 3 Implementation, basic studies, financing, incentives and procedure 5

Chapter 1 Enforcement

Section 1 Execution by the cantons

Art. 45

The cantons shall execute this Law, unless Art. 48 did not assign this task to Confederation. They shall lay down the necessary requirements.

Section 2 Enforcement by the Confederation

Art. Surveillance and coordination

1 The Confederation shall monitor the execution of this Law.

2 The Federal Council regulates coordination:

A.
Measures to protect the waters of the cantons;
B.
Between the services of Confederation;
C.
Between the services of the Confederation and the cantons.
Art. Performance Requirements

1 The Federal Council shall issue the implementing rules.

2 ... 1


1 Repealed by Art. 12 hp. 3 of the PMQ of 18 March 2005 on consultation, with effect from 1 Er Seven. 2005 ( RO 2005 4099 ; FF 2004 485 ).

Art. 48 1 Executive Competence of Confederation

1 In carrying out this task, the federal authority which carries out another federal law or international treaty is also responsible for the application of the Law on Protection of Water. Before making its decision, it shall consult the cantons concerned. Federal Office of the Environment 2 (office) and other relevant federal departments shall cooperate in enforcement in accordance with ss. 62 A And 62 B The Federal Act of 21 March 1997 on the organization of government and administration 3 .

2 If the procedure defined in para. 1 is not suitable for certain tasks, the Federal Council regulates its execution by the relevant federal departments.

3 The Confederation carries out the requirements for substances within the meaning of s. 9, para. 2, let. C; it may appeal to the cantons to cooperate in carrying out certain tasks.

4 The Federal Council determines which data on substances, collected under other federal laws, are to be made available to the Office.


1 New content according to Chapter I 15 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on official publications ( RO 2004 4937 ).
3 RS 172.010

Section 3 Special implementing provisions

Art. Water Protection Service and Water Protection Police

1 The cantons manage a water protection service. They set up a water protection police and an accident response service.

2 The service of the protection of the waters of the Confederation is provided by the Office.

3 The Confederation and the cantons may call on communities of public law and individuals to cooperate in enforcement, in particular with regard to monitoring and surveillance.

Art. 50 1 Information and advice

1 The Confederation and the Cantons shall examine the results of the measures taken under this Law and shall inform the public about the protection of the waters and the state of the waters, in particular:

A.
Publish the statements relating to the effects of the measures provided for in this Act;
B.
They may publish, after consultation with the parties concerned and provided that the information concerned is of general interest, the results of the surveys and inspections carried out in private waters and in public waters (Art. 52).

2 The overriding private or public interest in maintaining secrecy is reserved; the secret of manufacturing and business is protected in all cases.

3 Specialized water protection services provide advice to authorities and individuals. They recommend measures to prevent or reduce harm to water.


1 New content according to Art. 2 hp. 2 of the AF of 27. 2013 (Aarhus), in force since 1 Er June 2014 ( RO 2014 1021 ; FF 2012 4027 ).

Art. Fertilizer Vulgarization

For the performance of art. 14 and 27, the cantons shall ensure that operators are advised.

Art. Freedom of access and secrecy

1 Federal and cantonal services may conduct surveys in private waters and in public waters. They may develop the equipment necessary for this purpose and carry out the control of the installations. Landowners and facility holders are required to provide free access to those responsible for these tasks and to provide them with the necessary information.

2 Persons responsible for the application of this Law, as well as experts and members of committees and working groups, shall be subject to the secrecy of functions.

3 ... 1


1 Repealed by Art. 2 hp. 2 of the AF of 27. 2013 (Aarhus), with effect from 1 Er June 2014 ( RO 2014 1021 ; FF 2012 4027 ).

Art. Coercive Measures

The authority may obtain by means of constraint the execution of the measures it has ordered. Where the cantonal law does not contain any requirements in this respect or its requirements are less stringent, Art. 41 of the Federal Act of 20 December 1968 on administrative procedure 1 Is applicable.


Art. Costs resulting from damage prevention and repair measures

The costs resulting from the measures taken by the authority to prevent an imminent danger to the waters, to establish a finding and to repair the damage shall be borne by the person who caused the intervention.

Art. Federal Emoluments

1 The Confederation shall collect emoluments for the authorisations it issues, the controls it carries out, and for the special benefits it provides in accordance with this Law.

2 The Federal Council fixes the tariff of emoluments.

Art. 56 Intercantonal Waters

1 Where surface water or groundwater is common to several cantons, each canton will take the measures necessary to protect this water and the interests of the other cantons.

2 Failing agreement between the cantons on the measures to be taken, the Federal Council shall decide.

Chapter 2 Basic studies

Art. 57 Tasks of the Confederation

1 The Confederation makes statements of national interest on:

A.
The elements of the hydrological balance;
B.
The quality of surface water and groundwater;
C.
Drinking water supplies;
D.
Other aspects of water protection.

2 It can participate financially in the development of facilities and processes to improve the state of the art in the general interest of water protection, in particular in the field of source control.

3 It shall make the data collected and their interpretation available to the interested parties.

4 The Federal Council regulates the execution of the surveys and the exploitation of the data collected.

5 The competent federal departments publish technical guidelines and advise the services responsible for the surveys. They may, against payment, carry out hydrological work for third parties or make their appliances available for such work.

Art. Tasks of the cantons

1 The cantons shall carry out the other statements necessary for the implementation of this Law. They communicate the results to the relevant federal departments.

2 The cantons provide an inventory of groundwater and water supply facilities. The inventory is public, unless the interests of national defence require secrecy.

Art. Calculating Q Debit 347

In the absence of sufficient measures to assess the flow of a stream, the flow Q 347 Is determined by other methods, such as observation of hydrological events or simulation.

Art. 60 Obligation to inform

Prior to authorizing any intervention that may affect a water on the edge of a hydrological or other data station, the authority shall inform the station's responsible services.

Chapter 3 6 Funding

Art. 60 A Cantonal taxes on wastewater 1

1 The cantons shall ensure that the costs of construction, operation, maintenance, cleaning and replacement of sewage disposal and purification facilities in the performance of public tasks are put in place through the intermediary of the Of emoluments or other taxes, in charge of those who are responsible for the production of waste water. The amount of the fees shall be fixed in particular as follows:

A.
The type and quantity of wastewater produced;
B.
The depreciation required to maintain the value of the capital of these facilities;
C.
Interest;
D.
Planned investments in the maintenance, remediation and replacement of these facilities, for their adaptation to legal requirements or for improvements in their operation.

2 If the introduction of charges covering costs and in accordance with the principle of causality were to compromise the disposal of waste water according to the principles of environmental protection, other forms of financing may be introduced.

3 The holders of drainage and water treatment facilities shall constitute the necessary provisions.

4 The basis for calculating the amount of fees is available to the public.


1 Introduced by ch. I of the PMQ of 21 March 2014, in force since 1 Er Jan 2016 ( RO 2014 3327 ; FF 2013 4969 ).

Art. 60 B 1 Federal Waste Water Tax

1 The Confederation collects from the holders of central wastewater treatment plants a tax to finance compensation for measures to eliminate the organic trace compounds referred to in Art. 61 A , including the cost of executing the Confederation.

2 The holders of waste water treatment plants that have taken action under s. 61 A And submitted, by 30 September of the calendar year, the final statement of investments made shall be exempt from the tax from the following calendar year.

3 The amount of the tax is fixed according to the number of inhabitants connected to the station. It may not exceed 9 francs per inhabitant per year.

4 The Federal Council sets the tariff on the basis of the estimated costs and regulates the way in which the tax is collected. The tax is deleted on or before December 31, 2040.

5 The holders of stations charge the tax to those who are responsible for the measure.


1 Introduced by ch. I of the PMQ of 21 March 2014, in force since 1 Er Jan 2016 ( RO 2014 3327 ; FF 2013 4969 ).

Chapter 4 7 Incentives

Art. 61 1 Removal of nitrogen from sewage disposal and treatment facilities 2

1 Within the limits of the appropriations granted and on the basis of programme agreements, the Confederation allocates to the cantons total compensation for the establishment of the following facilities and equipment:

A.
Facilities and equipment for the removal of nitrogen from central waste-water treatment plants, to the extent that they comply with international agreements or decisions of international organisations Combating water pollution outside Switzerland;
B.
Sewage to give up the facilities and equipment provided for in the let. A.

2 The amount of compensation shall be determined on the basis of the quantity of nitrogen disposed of through the measures provided for in para. 1.


1 New content according to the c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 New content according to the c. I of the PMQ of 21 March 2014, in force since 1 Er Jan 2016 ( RO 2014 3327 ; FF 2013 4969 ).

Art. 61 A 1 Removal of organic trace compounds from sewage disposal and treatment facilities

1 Within the limits of the appropriations granted and the means available, the Confederation allocates to the cantons compensation for the establishment of the following facilities and equipment:

A.
Facilities and equipment for the disposal of trace-picnic compounds at the central waste water treatment plants, to the extent that they are necessary to comply with the requirements for the discharge of waste water in the Waters;
B.
Sewage to give up the facilities and equipment provided for in the let. A.

2 Compensation is allocated when the installation of facilities, equipment and sewers started after 1 Er January 2012 and within 20 years of the entry into force of the amendment of 21 March 2014 of this Law.

3 Compensation amounts to 75 % of attributable costs.


1 Introduced by ch. I of the PMQ of 21 March 2014, in force since 1 Er Jan 2016 ( RO 2014 3327 ; FF 2013 4969 ).

S. 62 1 Waste Disposal Facilities

1 Within the limits of the appropriations granted, the Confederation allocates to the cantons compensation for the establishment of facilities and equipment for the disposal of special waste if these facilities and equipment are of national interest.

2 Within the limits of the appropriations granted, it allocates to the cantons low or medium financial capacity allowances for the establishment of facilities and equipment for the treatment and recovery of urban waste, if the decision of First instance to perform the installation is taken before 1 Er November 1997. For regions which do not yet have sufficient disposal capacity, the Federal Council may, if circumstances so require, extend the deadline until 31 October 1999.

2bis The right to federal allowances within the meaning of para. 2 remains under the following conditions:

A.
The decision of the first instance relating to the completion of an installation has been taken in accordance with the extended period;
B.
A new facility must be authorized for technical reasons not attributable to the canton;
C.
The decision of the first instance relating to the implementation of the new facility is issued before 1 Er November 2005;
D.
Construction begins before 1 Er November 2006. 2

3 ... 3

4 The allowances amount to:

A.
25 % of the costs attributable to the installations and equipment provided for in paras. 1 and 2;
B. 4
...

1 New content according to the c. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).
2 Introduced by ch. I of the 8 Oct PMQ. 2004, in effect since 1 Er Oct. 2006 ( RO 2006 3859 ; FF 2003 7321 7341).
3 Repealed by c. II 33 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).
4 Repealed by c. II 33 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

S. 62 A 1 Measures taken by agriculture

1 Within approved appropriations, the Confederation allocates compensation for measures taken by agriculture to prevent runoff and leaching of substances, where:

A.
These measures are necessary to meet the requirements for the quality of surface water and groundwater;
B.
The canton concerned has delineated the sectors in which the measures are to be taken and has harmonised the measures provided for;
C.
These measures are not economically sustainable.

2 The amount of compensation is based on the properties and quantity of substances whose runoff and leaching are prevented, as well as the costs of measures that are not compensated by contributions according to the law of 29 April 1998 on agriculture 2 Or under federal law of 1 Er July 1966 on the protection of nature and the landscape 3 . 4

3 ... 5

4 The Federal Office of Agriculture allocates compensation in the form of global contributions, on the basis of programme agreements which are concluded with the cantons for each sector in which the measures are to be taken. It consults with the Federal Office of the Environment to determine whether the planned programmes guarantee adequate water protection. The cantons shall allocate allowances to beneficiaries. 6


1 Introduced by ch. 6 of the annex to the PMQ of 29 April 1998 on agriculture, in force since 1 Er Jan 1999 ( RO 1998 3033 ; FF 1996 IV 1).
2 RS 910.1
3 RS 451
4 New content according to the c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
5 Repealed by c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
6 New content according to the c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).

S. 62 B 1 Revitalization of water

1 Within the limits of the appropriations granted and on the basis of programme agreements, the Confederation allocates compensation to the cantons in the form of comprehensive contributions for the planning and implementation of measures to revitalize the Water.

2 Allowances may be awarded to the cantons on a case-by-case basis for particularly expensive projects.

3 The amount of compensation shall be based on the importance of measures for the recovery of natural water functions and on the basis of their effectiveness.

4 No contribution shall be made for the dismantling of an installation to which the holder is required to proceed.

5 The operators of the space reserved for the waters are compensated according to the law of 29 April 1998 on agriculture 2 For the extensive exploitation of their surfaces. The budget and the ceiling on agricultural expenditure are increased accordingly.


1 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
2 RS 910.1

S. 62 C 1 Planning the consolidation of the locks and the thrusting regime

1 Within the limits of the appropriations granted, the Confederation allocates to the cantons compensation for the planning referred to in Art. 83 B , provided that the latter is submitted by 31 December 2014 at the latest.

2 Compensation amounts to 35 per cent of attributable costs.


1 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

S. 63 1 General conditions for the award of compensation

Compensation shall be paid only if the measures envisaged are based on adequate planning, ensure effective protection of the waters, comply with the prior art and are economic.


1 New content according to the c. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).

Art. 64 Basic education, training and information

1 Within the limits of the appropriations granted, the Confederation may allocate to the cantons compensation for research into the causes of the qualitative insufficiency of an important water, with a view to determining the remedial measures to be taken. 1

2 It may allocate financial aid for the training of specialised staff and for the information of the population.

3 Within the limits of the appropriations provided, it may support, through indemnities and its own work, the establishment of the Cantonal Inventories of Water Supply and Groundwater Inventories, for the same purpose That:

A.
These inventories are prepared in accordance with the Confederation Directives;
B.
The motions are filed before 1 Er November 2010. 2

4 The benefits of the Confederation cannot exceed 40 % of the costs. 3


1 New content according to the c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
2 New content according to the c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
3 New content according to the c. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).

Art. 64 A 1 Guarantee against risks

The Confederation may grant a guarantee against the risks relating to installations and equipment which use promising new techniques. This guarantee will not exceed 60 % of the attributable costs.


1 Introduced by ch. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).

Art. 1 Funding

1 The Federal Assembly is voting, by way of a simple federal decree, for a time-limited framework credit for the granting of subsidies. 2

2 It grants, by a simple federal order, for a period of four years, the appropriations intended for the payment of allowances which have been granted provisionally under the provisions of Art. 13, para. 6, of the Act of 5 October 1990 on subsidies 3 .

3 It shall vote on a multi-year commitment credit to which the Confederation may grant a guarantee in accordance with Art. 64 A .


1 New content according to the c. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).
2 New content according to the c. II 23 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), in force since 1 Er Jan 2008 ( RO 2007 5779 ; FF 2005 5641 ).
3 RS 616.1

Art. 66 Check-in

1 Unduly received federal benefits must be returned. The same applies when a facility or equipment is diverted from its first assignment.

2 The right of the Confederation to require restitution is prescribed for five years from the day on which it was born.

Chapter 5 8 Procedure

Art. 67 1 Lanes of law

The appeal procedure is governed by the general provisions of the federal procedure.


1 New content according to the c. 92 of the Annex to the PMQ of 17 June 2005 on the TAF, in force since 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).

Art. 67 A 1 Right of appeal by the authorities

1 The Office shall have the power to use all remedies provided for under federal law and the cantonal law against decisions of cantonal authorities pursuant to this Act or its implementing provisions.

2 ... 2


1 Introduced by ch. I 15 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er Jan 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 Repealed by c. 92 of the Annex to the PMQ of 17 June 2005 on the TAF, with effect from 1 Er Jan 2007 ( RO 2006 2197 ; FF 2001 4000 ).

Art. 68 1 Regrouping, Expropriation and Possession

1 If the execution of this Law so requires and a willing buyer is not possible, the cantons may order land regrouping. The Confederation and the cantons may acquire the necessary rights by means of expropriation. They may transfer the right of expropriation to third parties.

2 The expropriation procedure becomes applicable only if it has not been possible to achieve the objective pursued by means of a willing buyer or land consolidation.

3 In their implementing provisions, the cantons may declare applicable the Federal Act of 20 June 1930 on expropriation 2 And provide that:

A.
The cantonal government rules on unresolved objections;
B.
The President of the Federal Basis of Estimate may authorize the application of the summary procedure where it is possible to determine exactly who is affected by the expropriation.

4 Federal legislation on expropriation applies to works on the territory of several cantons. The Federal Department of the Environment, Transport, Energy and Communication decides on expropriations.

5 Any surface used in the area reserved for the waters shall remain, to the extent possible, in the possession of the farmer. It is considered a surface for the promotion of biodiversity. 3


1 New content according to the c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
2 RS 711
3 New content according to the c. 6 of the annex to the PMQ of 22 March 2013, in force since 1 Er Jan 2014 ( RO 2013 3463 3863; FF 2012 1857 ).

Title 4 ...

Art. 69 1

1 Repealed by c. 2 of the annex to the LF of 21 Dec. 1995, with effect from 1 Er Jul. 1997 (RO 1997 1155; FF 1993 II 1337).

Title 5 Criminal provisions

Art. Delays

1 It shall be punishable by a custodial sentence of up to three years or of a pecuniary penalty which, intentionally: 1

A.
Unlawfully introduced into the waters, directly or indirectly, substances of a nature to pollute, have allowed to infiltrate such substances or have deposited or applied them out of the waters, thus creating a risk of pollution for Waters (art. 6);
B.
In its capacity as the holder of an installation containing liquids to pollute the waters, shall not have, in accordance with this Law, installed the apparatus and constructed the buildings necessary for the protection of the waters or shall not have them Maintained functioning, polluting the water or creating a risk of pollution (art. 22);
C.
Have not complied with the authority's allocation rate or have not taken the prescribed measures to protect the watercourse downstream of the levy (s. 35);
D.
Will have, unlawfully, diked or corrected a watercourse (s. 37);
E.
Shall have, without authorization or in violation of the conditions laid down in the authorisation, covered or placed on the ground a watercourse (Art. 38);
F.
Have, without the authority of the cantonal authority or in violation of the conditions set out in the authorisation, introduced solid substances into a lake (Art. 39, para. 2);
G.
Shall, without authorization or in violation of the conditions set out in the authorization, operate gravel, sand or other materials or undertake preliminary excavations for that purpose (s. 44).

2 If the author has acted negligently, the penalty will be a penalty of 180 days or more. 2


1 New content according to the c. II 2 of the PMQ of 19 March 2010, in force since 1 Er August 2010 ( RO 2010 3233 ; FF 2009 4887 ).
2 New content according to the c. II 2 of the PMQ of 19 March 2010, in force since 1 Er August 2010 ( RO 2010 3233 ; FF 2009 4887 ).

Art. Contraventions

1 A fine of up to 20,000 francs is to be imposed on the person who intentionally: 1

A.
Have in any other manner contravened this Act;
B.
Have contravened a species decision communicated under the terms of this section under the commination of the penalties.

2 The penalty will be the fine if the perpetrator acted negligently.

3 Complicity is punishable.

4 ... 2


1 New content according to the c. II 2 of the PMQ of 19 March 2010, in force since 1 Er August 2010 ( RO 2010 3233 ; FF 2009 4887 ).
2 Repealed by c. II 2 of the PMQ of 19 March 2010, with effect from 1 Er August 2010 ( RO 2010 3233 ; FF 2009 4887 ).

Art. 72 Application of the Swiss Penal Code

Where an offence under this Act is simultaneously subject to the criminal provisions of the Act and s. 234 of the Swiss Penal Code 1 , only the latter provision is applicable. For the rest, the criminal provisions of this Law shall apply concurrently with those of the Swiss Penal Code.


Art. Application of administrative criminal law

Art. 6 and 7 of the Federal Act of 22 March 1974 on administrative criminal law 1 Apply by analogy to acts punishable under this Act.


Title 6 Final provisions

Chapter 1 Repeal and Amendment of the Law in Force

S. 74 Repeal of the Water Protection Act

The Federal Law of 8 October 1971 on the Protection of Water against Pollution 1 (Water Protection Act) is repealed.


1 [RO 1972 958, 1979 1573 art. 38, 1980 1796, 1982 1961, 1984 1122 art. 66 hp. 3, 1985 660 hp. I 51, 1991 362 ch. II 402 857 appendix c. 19, 1992 288 Annex c. 32].

Art. 75 Amendment of Federal Laws

... 1


1 The mod. Can be consulted at the OR 1992 1860.

Chapter 2 Transitional provisions

Section 1 Evacuation of unpolluted water, storage facilities for farm fertilizers and floating detritus accumulated near restraint structures

Art. 76 1 Evacuation of Unpolluted Waters

The cantons shall ensure that, within a period of not more than 15 years from the entry into force of this Law, unpolluted waters with a permanent flow (art. 12, para. 3) which reduces the efficiency of a treatment plant is no longer reduced.


1 Erratum of the Ass CoR. Fed. On August 24, 2015, published on 8 September. 2015 ( RO 2015 3021 ).

Art. 77 Farm Fertilizer Storage Facilities

The cantons shall lay down in each case, according to the urgency of the situation, the time limits to be respected for the adaptation of the capacity of the farm manure storage facilities. They shall ensure that all storage facilities are remediated within 15 years of the entry into force of this Law.

S. 78 And 79 1

1 Repealed by c. II 33 of the LF of 20 March 2008 on the formal updating of federal law, with effect from 1 Er August 2008 ( RO 2008 3437 ; FF 2007 5789 ).

Section 2 Existing water withdrawals

Art. 80 Sanitation

1 Where a watercourse is significantly influenced by a levy, its downstream course shall be remedied, in accordance with the requirements of the authority, without the existing rights of use being reached in a manner that would justify a Compensation.

2 The authority shall order additional remedial measures in the case of watercourses which pass through landscapes or biotopes listed in a national or cantonal inventory or which are required by overriding public interest. The procedure for finding, and where applicable, the determination of the amount of compensation shall be governed by the Federal Act of 20 June 1930 on expropriation 1 .

3 Where the authority orders additional remediation in an area identified within the meaning of para. 2 and that small hydroelectric plants or other installations situated on rivers and presenting value from the point of view of the protection of the heritage are concerned, it shall balance the interests of the protection of the Heritage and protection of the listed areas. 2


1 RS 711
2 Introduced by ch. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).

Art. Timeliness of remediation

1 The fixed authority in each case and, depending on the urgency of the situation, the deadlines to be met for the remediation measures.

2 It ensures that remediation is completed by the end of 2012 at the latest. 1


1 New content according to the c. I 11 of the LF of 19 Dec. 2003 on the 2003 budget relief programme, in force since 1 Er Jan 2005 ( RO 2004 1633 ; FF 2003 5091 ).

Art. Remediation criteria

1 The cantons shall draw up an inventory of existing water withdrawals as defined in Art. 29; this inventory indicates for each levy:

A.
The amount of water collected;
B.
Residual flow;
C.
The staffing rate;
D.
The legal situation.

2 The cantons shall appreciate the water withdrawals identified and decide, where appropriate, the extent of the necessary remedial measures. They record the results of their review in a report. This will indicate where possible the order in which the transactions are to take place.

3 The cantons shall submit to the Confederation the inventory and the report within a period of two and five years from the entry into force of this Law.

Art. 83 Concessions granted under the old right

1 Where the grant has been granted prior to the entry into force of this Law and the levy has not yet been made, the protection of the downstream watercourse shall be ensured by measures in accordance with this Law, avoiding, in the If possible, that existing rights of use be achieved in a manner that would justify compensation. Measures under s. 31 does not give rise to compensation where the concession has been granted after 1 Er June 1987.

2 If overriding public interests require additional protection, the authority shall order the measures to be taken under this Act. The procedure for finding and, where appropriate, the determination of the amount of compensation shall be governed by the Federal Act of 20 June 1930 on expropriation 1 .

3 The measures provided for in para. 2 must have been stopped before the start of construction of the installations for the collection.


1 RS 711

Section 2 Bis 9 Lock and thrusting regime

Art. 83 A Remedial Action

Existing hydro-electric generating stations and other facilities located on watercourses are required to take remedial action in accordance with the requirements of ss. 39 A And 43 A Within 20 years of the entry into force of this provision.

Art. 83 B Planning and Reporting

1 The cantons plan the measures referred to in Art. 83 A And set deadlines for their implementation. This planning also includes measures to be taken by the owners of hydro-electric power plants in accordance with s. 10 of the Federal Act of 21 June 1991 on fishing 1 .

2 The cantons submit their planning to the Confederation no later than 31 December 2014.

3 They submit a report on the measures implemented every four years to the Confederation.


Section 3 ...

Art. 84 1

1 Repealed by c. I of the PMQ of March 21, 2014, with effect from 1 Er Jan 2016 ( RO 2014 3327 ; FF 2013 4969 ).

Chapter 3 Referendum and entry into force

Art. 85

1 This Act is subject to an optional referendum.

2 The Federal Council shall fix the date of entry into force.

Final Provisions of the Amendment of June 20, 1997 11

1 Claims for compensation under s. 61, para. 2, let. A, b, c, e and f, of the Law on Protection of Waters in its version of 24 January 1991 12 Are assessed on the basis of these provisions if they were presented before 1 Er January 1995. However, the condition that the undertaking must have begun within five years of the entry into force of the law is replaced by the condition that the first instance decision on the implementation of the The installation must have been taken before 1 Er November 1997.

2 Claims for compensation under s. 61, para. 1, let. C, of the Water Protection Act as of March 18, 1994 13 Are assessed on the basis of these provisions if they are presented before 1 Er November 2002 and the measures are taken and are the subject of a grant count before that date.

3 Claims for compensation under s. 61, para. 2, of the Law on the Protection of Water in its version of 18 March 1994 before the entry into force of this amendment shall be assessed in accordance with the new law.


RO 1992 1860


1 RS 101
2 New content according to the c. II 2 of the PMQ of 19 March 2010, in force since 1 Er August 2010 ( RO 2010 3233 ; FF 2009 4887 ).
3 FF 1987 II 1081
4 New content according to the c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
5 New content according to the c. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).
6 Introduced by ch. I of the PMQ of 20 June 1997, in force since 1 Er Nov 1997 (RO 1997 2243; FF 1996 IV 1213).
7 Formerly chap. 3.
8 Formerly chap. 4.
9 Introduced by c. I of the LF of 11 Dec. 2009 (Renaturation), effective from 1 Er Jan 2011 ( RO 2010 4285 ; FF 2008 7307 7343).
10 ACF of Oct 5. 1992
11 RO 1997 2243; FF 1996 IV 1213
12 RO 1992 1860
13 RO 1994 1634


State 1 Er January 2016