USG revision on contaminated sites, noise protection and environmental criminal law - consultation process
With the amendment of the Environmental Protection Act, the Federal Council wants to push ahead with the remediation of polluted sites. The focus is on areas where small children regularly play. Other amendments relate to noise protection and settlement development, as well as updating environmental criminal law in the case of organized crime. The consultation period lasts until December 30, 2021.
Sites where small children regularly play may be polluted by the formerly common fertilization of soils with ashes from coal and wood firing as well as by earlier pollution from the air, for example from waste incineration plants. The Federal Council wants to create incentives in the Environmental Protection Act (USG) to ensure that such sites are remediated as quickly as possible. The investigation and remediation of public children's playgrounds and green spaces would become mandatory with the USG revision. To support the cantons, the Federal Council would like to invest additional funds. The remediation of private children's playgrounds and private home gardens would remain voluntary, but recommended. For this, a financial participation of the federal government in the remediation costs is also foreseen. In this way, the Federal Council would also like to create an incentive for the remediation of private grounds.
In many places, the environment has been polluted by former landfills or past industrial activities. The Federal Council also wants to investigate and remediate these contaminated sites more quickly. The federal government would now pay for preliminary investigations until 2028 and remediation until 2040. If the polluter cannot be identified or is insolvent, the federal government's participation in the costs of remediation measures is to increase from 40 to 60 percent. Furthermore, additional lump-sum compensation for the cantons' administrative tasks is to be introduced.
300-meter shooting ranges are contaminated with heavy metals such as lead. Their remediation has been underway for some time. Now, in the future, each target will no longer be paid for as a lump sum. In line with a mandate from parliament, it is planned that the federal government will generally assume 40 percent of the remediation costs.
With the USG revision, the Federal Council is making a contribution to achieving the objectives of the soil strategy. The Federal Council adopted it on May 8, 2020. With this, the Federal Council aims to ensure that no more net soil is lost in Switzerland from 2050 onwards.
Better coordination of noise protection and settlement development
The amendment aims to improve the possibilities for inward settlement development and at the same time to protect the population from noise. The USG is now to contain criteria for the granting of building permits in areas affected by noise. These criteria would replace the weighing of interests currently provided for in noise protection legislation and thus increase legal certainty.
Furthermore, the revision aims to better coordinate the protection of quiet and the inward development of settlements. Thus, when planning additional residential space in areas subject to noise pollution, quiet open spaces for recreation are to be provided for. In this way, the Federal Council is implementing a parliamentary motion.
Updating the penal provisions of the USG
Since environmental crime has now developed into a global business worth billions, the Federal Council wants to tighten criminal law in this area and introduce the offense of "environmental crime". This will make it possible to impose harsher penalties for organized crime and better prosecute money laundering. In addition, the revision aims to promote closer cooperation between law enforcement agencies and environmental authorities by introducing a new provision on the disclosure of information.
Other changes
In order to implement the e-government program of the Federal Department of the Environment, Transport, Energy and Communications (DETEC) in the area of environmental protection, new legal foundations are to be created. This would mean that the procedures previously carried out in writing would be handled electronically.
In the future, the federal government is to co-finance training and further education for the application of plant protection products in order to obtain a professional license. The action plan for risk reduction and sustainable use of plant protection products adopted by the Federal Council in 2017 provides for an obligation to provide further training in the future.
Finally, the articles on the incentive taxes on the sulfur content of heating oil "extra light" as well as gasoline and diesel are deleted without replacement. Since the revision of the Air Pollution Control Ordinance in 2008, only fuels with a sulfur content below the incentive tax limits may be imported or placed on the market in Switzerland. There is therefore no longer any reason to retain the provisions on the incentive tax on sulfur.
On September 8, 2021, the Federal Council opened the consultation on the amendment of the EPA; it will last until December 30, 2021.
Press release Confederation
Draft amendment to the Environmental Protection Act
