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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force. Ordinance on the Avoidance and the Disposal of Waste (Waste Ordinance, ADWO) of 4 December 2015 (Status as of 1 January 2019) The Swiss Federal Council, on the basis of Articles 29, 30a letter c, 30b paragraph 1, 30c paragraph 3, 30d letter 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:

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.

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Art. 3

Definitions

In this Ordinance:

a.

municipal waste means waste from households and waste from businesses with fewer than 250 full-time employees 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 20053 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 material means material that is excavated or extracted in the course of construction work, with the exception of any topsoil and subsoil removed; fbis.4 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 20055 (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.

temporary storage site means a waste disposal facility in which waste is stored for a limited time, with the exception of sites used to store waste for a short time at its place of origin; i.

composting facility means a waste disposal facility in which biogenic waste decomposes while exposed to the air; j.6 fermentation facility means 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; 3

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

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The correction of 19 July 2016 relates to the Italian text only (AS 2016 2629).

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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.

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.

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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.7 facilities for treating construction 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.8 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 meet the requirements of Annex 2 numbers 2.12.4; 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.

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.

7

The correction of 19 July 2016 relates to the Italian text only (AS 2016 2629).

8

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

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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.

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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.

non-business-specific special waste of up to 20 kg per collection from businesses 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.

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 ORRChem9 must also be met.10 9

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Amended by Annex No 1 of the O of 31 Oct. 2018, in force since 1 Jan. 2019 (AS 2018 4205).

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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 meets 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.11 3 The authority may require further separation if additional parts of the waste may be recovered thereby.

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 199812 on the Pollution of Soil (SoilPO); and 11

The correction of 19 July 2016 relates to the Italian text only (AS 2016 2629).

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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.

Art. 19

Excavated material

1 Excavated material that meets 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 meets 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.

as a substitute raw material in the manufacture of cement clinker; d.

in the case of civil engineering work that produces the material at the site polluted by waste, provided any treatment required for the material is carried out at the polluted site; Article 3 of the Contaminated Sites Ordinance of 26.

August 199813 (CSO) remains reserved.

3 Excavated material that does not meet the requirements of Annex 3 number 2 may not be recovered. An exception is the recovery of excavated material that meets the requirements of Annex 5 number 2.3: a.

as construction material for landfills of Types C-E; or b.14 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.

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.

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The correction of 19 July 2016 relates to the Italian text only (AS 2016 2629).

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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 slag15 Electric arc furnace slag may only be recovered with the consent of the cantonal authority if:16 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.

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 meets 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 regulations17 1 Waste may only be deposited in landfills if the landfills meet the requirements of Annex 5. The construction and operating licence may include additional restrictions.

15

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

16

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

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

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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.

a18 Mercury waste

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.

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.19 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.

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; f.

ensure that they themselves and their staff have the required specialist knowledge to operate the facilities properly and provide the authority on its 18

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

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The correction of 19 July 2016 relates to the French text only (AS 2016 2629).

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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.

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

1 Temporary storage sites may be constructed if: a.

they are constructed on a surface that is impermeable to water or are used to store only unpolluted excavated material; b.

a distance of two metres is maintained from the highest possible level of the groundwater table; c.

the structural elements guarantee that the waste water on surfaces impermeable to water can be collected, discharged and if necessary treated.

2 No temporary storage site may be constructed on Type A landfills. On other types of landfill, the temporary storage of waste must be kept separate in a clearly recognisable manner from the waste landfill. The requirements of paragraph 1 letters a and c do not apply to a temporary storage site on Type B landfills.

Art. 30

Operation

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.

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2 Waste suitable for fermentation or decomposition, in particular corresponding parts of municipal waste and sewage sludge, may not be deposited temporarily. The temporary storage of the following is reserved: a.

garden waste;

b.

waste intended for composting or fermentation at composting and fermentation facilities, provided storage is for no more than six months; c.

waste compressed into bales at facilities for the incineration of waste suitable for fermentation and decomposition and in Type C-E landfills.

3 In the event of disposal bottlenecks, the authority may authorise for no more than three months the temporary storage of waste intended for incineration that is not compressed into bales or which is not suitable for fermentation and decomposition.

4 The following waste may be temporarily stored at temporary storage sites constructed on landfills: a.

in Type B landfills: waste that may be deposited in Type A and B landfills; b.

in Type C landfills: waste that may be deposited in Type A-C landfills and waste suitable for fermentation and decomposition that is compressed into bales; c.

in Type D landfills of the: waste that may be deposited in Type A, B and D landfills and waste suitable for fermentation and decomposition that is compressed into bales; d.

in Type E landfills: waste that may be deposited in Type A, B and E landfills and waste suitable for fermentation and decomposition that is compressed into bales.

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.

at facilities that treat liquid waste with a flashpoint below 55 °C and infectious special waste, such waste can be placed in the incineration chamber separately from the other waste and as directly as possible.

Art. 32

Operation

1 Only waste that is suitable for incineration may be treated in facilities for the incineration of waste.

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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.

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; d.

liquid waste with a flashpoint below 55 °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.

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

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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 200120 (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 ORRChem21 relating to compost and digestates also apply.

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; 20

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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.

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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.

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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 meet 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.

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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 200822.

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 199023 is repealed.

Art. 48

Amendment of other legislation The amendment of other legislation is regulated in Annex 6.

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[AS 1991 169 628, 1993 3022 No IV 4, 1996 905, 1998 2261 Art. 26, 2000 703 No II 15, 2004 3079 Art. 43 para. 2 No 2, 2005 2695 No II 11 4199 Annex 3 No II 6, 2007 2929 4477 No IV 32, 2008 2809 Annex 2 No 10 4771 Annex No II 1, 2009 6259 No II III, 2011 2699 Annex 8 No II 1]

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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


24

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

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.

a25 Wood ash

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 198526 (OAPC) may be deposited until 1 November 2023 in landfills of types D and E (Annex 5 Nos 4.1 and 5.1).

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 24

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

25

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

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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 CSO27.

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.

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 meet 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 2021. Until that date, filter ash may be deposited in hydraulically bound form without the recovery of metals in Type C landfills or compartments.

Section 4

Commencement

Art. 55

This Ordinance comes into force on 1 January 2016.

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Annex 128

(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 28

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

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Code

Description of the waste 4107

Refractory materials 4201

Contaminated excavation waste not containing hazardous substances29 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 waste30 4302

Lightly contaminated excavation waste31 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 29

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

30

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

31

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

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Code

Description of the waste 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

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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 meets the requirements of Annex 3 number 1 may be used.

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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 stateof-the-art civil engineering practice by at least 3 homogenous mineral layers with a mean k of 1.0 × 10-9 m/s that together have an overall thickness of 60 cm. When supplementing the subsoil, only material that meets 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 meets 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 × 10-9 m/s that together have an overall thickness of 80 cm. When supplementing the subsoil, only material that meets 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

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814.600

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 meet 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.

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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 meets 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:

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814.600

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 meet 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 meet 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.

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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-1,2dichlorethylene, 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 ndecane 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

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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.

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Annex 432

(Art. 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 meets 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

in

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-1,2dichlorethylene, 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 ndecane 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 32

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

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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 meet the requirements of the Air Pollution Control Ordinance of 16 December 198533 (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

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

Arsenic

15

Antimony

15

Lead

250

Cadmium

5

Chromium, total

250

Cobalt

125

Copper

250

Nickel

250

Zinc

750

Tin

50

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 meets 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; 33

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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 meets 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

Arsenic

30

Antimony

300

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 meet 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

Arsenic

7.5

Antimony

7.5

Lead

125

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814.600

substance

limit in mg/kg

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.

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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.

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Annex 534

(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 meets 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 SoilPO35; d.

bedload from sediment retention basins.

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.

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

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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

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814.600

Substance

Limit in mg/kg dry matter 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-1,2dichlorethylene, 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 npentane and n-decane multiplied by the response factor of n-hexane, minus ∑BTEX

****

∑6BTEX: benzene, toluene, ethyl benzene, o-xylene, m-xylene, pxylene ***** ∑16 EPA-PAH: naphthalene, acenaphthylene, 1,2dihydroacenaphthylene, 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[1,2,3c,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 meets 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;

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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

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814.600

Substance

Limit

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;

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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 198536 (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

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814.600

Substance

Limit in mg/kg in dry matter 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.

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.

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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 meet 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

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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

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Annex 6

(Art. 48)

Amendment of other legislation The following enactments are amended as follows: …37

37

The amendments may be consulted under AS 2015 5699.

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