Ordinance
on the Avoidance and the Disposal of Waste
(Waste Ordinance, ADWO)

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.

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.

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.

Waste of one types may not be mixed with other waste or with aggregates if this is primarily intended to reduce the pollutant or foreign substance content of the waste by dilution and thereby to comply with regulations on the consignment, recovery or landfill of waste.

Municipal waste in accordance with Article 3 letter a numbers 1–3 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 re-used or recovered either as a material or as a minimum for energy.

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.

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.

Any recovery in accordance with Article 30d paragraphs 1–3 EPA must be carried out according to the state of the art.

The cantons shall ensure that the recoverable parts of municipal waste in accordance with Article 3 letter a numbers 1–3 such as glass, paper, cardboard, metals, biogenic waste and textiles are if possible collected separately and prepared for re-use or recycled as a material.²⁵

They shall ensure that the following are collected and disposed of separately:

1. special waste from households;

2. ²⁶non-business-specific special waste of up to 20 kg per collection from businesses and public authorities with fewer than 10 full-time employment positions.

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.

The proprietors of waste from businesses with 250 or more full-time employment positions must as far as possible and reasonable collect and prepare for re-use or recycle as material their waste that are similar in their composition to municipal waste in accordance with Article 3 letter a numbers 1–3.²⁷

Biogenic waste suitable for recovery in accordance with paragraph 2 must be collected separately and any foreign substances must be removed as early as possible.

Biogenic waste must be recovered solely by recycling or by fermentation, provided:

1. it is suitable for this purpose as a result of its properties, in particular its nutrient and pollutant content;

2. recovery is not prohibited by other provisions of federal law.

Biogenic waste that need not be recovered in accordance with paragraph 2 must as far as possible and reasonable be recovered purely for energy or incinerated in appropriate facilities. In doing so, its energy content must be used.

Wood waste that meets the requirements of Annex 7 number 1 may be used for recycling as composite wood.

Wood waste that meets the requirements set out in Annex 7 number 2 may be used for energy recovery in waste wood combustion plants.³⁰

Phosphorus must be recovered from municipal waste water, from sewage sludge from central waste water treatment plants and from the ash produced by the incineration of such sewage sludge, and then recycled.

Phosphorus in animal and bone meal must be recycled, unless the animal and bone meal is used as animal feedstuffs.

The provisions on the recycling of phosphorus-rich waste also apply to imported sewage sludge and imported animal and bone meal.

When recovering phosphorus from phosphorus-rich waste, the pollutants in the waste must be removed according to the state of the art.

When recovering phosphorus from municipal wastewater, sewage sludge from central waste water treatment plants and the ash produced by the incineration of such sewage sludge, at least 16 kilograms of phosphorus per tonne of sewage sludge dry matter must be recovered to meet domestic demand.

Phosphorus from animal and bone meal must be fully recovered.

Any person disposing of phosphorus-rich waste must provide the cantonal authority with proof that the prescribed amount of phosphorus is being recovered.

Where it is proven that the prescribed amount of phosphorus is being recovered from waste water, sewage sludge or sewage sludge ash, any excess sewage sludge may be recycled primarily for material and energy recovery and subsequently for energy recovery alone, without any phosphorus recovery.

If domestic treatment capacities for phosphorus recovery are insufficient to provide the proof required under paragraphs 1 and 2, waste producers shall provide the cantonal authorities with proof of the shortfall in treatment capacity. In such cases, the enforcement authority may grant authorisation primarily for the recycling of sewage sludge or animal and bone meal for material and energy recovery, and secondarily for the energy recovery alone.

The cantonal authority shall submit an annual report to the FOEN on:

1. the quantities of sewage sludge dry matter and animal and bone meal that were recycled for phosphorus recovery;

2. the quantity of phosphorus recovered; and

3. the quantities of sewage sludge dry matter and animal and bone meal that were recycled for material and energy recovery or energy recovery alone.

Every 8–10 years, the FOEN, in consultation with the cantons and industry, shall review the adequacy of the quantity of phosphorus to be recovered in accordance with Article 15a paragraphs 2 and 3; it shall propose appropriate measures to DETEC.

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:

1. it is probable that more than 200 m³ construction waste will be produced; or

2. 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.

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.

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:

1. removed topsoil and subsoil, if possible without being mixed;

2. unpolluted excavated material, excavated material that satisfies the requirements of Annex 3 number 2, and other excavated material, if possible without being mixed;

3. excavated asphalt, concrete rubble, road surface rubble, mixed rubble, brick rubble and plaster, if possible without being mixed;

4. further recyclable waste such as glass, metals, timber and plastics, if possible without being mixed;

5. combustible waste that is not recyclable;

6. other waste.

If the separation of other construction waste on the construction site is not operationally possible, the waste must be separated in suitable facilities.³⁵

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

Removed topsoil and subsoil must be recovered in full if possible provided:

1. it is suitable for the intended recovery owing to its properties;

2. it meets the benchmark values in Annexes 1 and 2 of the Ordinance of 1 July 1998³⁶ on the Pollution of Soil (SoilPO); and

3. it does not contain foreign substances or invasive alien organisms.

In the case of recovery, the topsoil and subsoil must be processed in accordance with Articles 6 and 7 SoilPO.

Excavated material that satisfies the requirements of Annex 3 number 1 (unpolluted excavated material), must be recovered to the fullest extent possible as follows:

1. as construction material on building sites or landfills;

2. as raw material for the manufacture of construction materials;

3. for the refilling of material extraction sites; or

4. for permitted landscaping work.

Excavated material that satisfies the requirements of Annex 3 number 2 must be recovered to the fullest extent possible as follows:

1. as a raw material for the manufacture of hydraulic or bituminous bound construction materials;

2. as construction material for landfills of Types B–E;

3. ³⁷as a raw material in the manufacture of cement clinker;

4. ³⁸in the case of civil engineering work, on the site where the material is produced, provided any treatment required for the material is carried out on or directly adjacent to the site; Article 3 of the Contaminated Sites Ordinance of 26 August 1998³⁹ (CSO) remains reserved.

Excavated material that does not satisfy the requirements of Annex 3 number 2 may not be recovered. The foregoing does not apply to recovery at a cement works in accordance with Annex 4 number 1 and the recovery of excavated material that satisfies the requirements of Annex 5 number 2.3:⁴⁰

1. as construction material for landfills of Types C–E; or

2. ⁴¹as 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.

Excavated asphalt containing up to 250 mg PAH per kg, concrete rubble, road surface rubble, mixed rubble, excavated material from railway tracks and brick rubble must to the fullest extent possible be recovered as raw material for the manufacture of construction materials.⁴³

Excavated asphalt containing more than 250 mg PAH per kg may not be not recovered.

…⁴⁴

Metal fragments must be removed from the lightest fraction obtained by shredding waste containing metal (the lightweight fraction) and recycled.

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.

The remaining parts of street sweepings in accordance with paragraph 1 and other street sweepings, municipal waste in accordance with Article 3 letter a numbers 1–3 or waste of similar composition or with high biogenic content must be incinerated in appropriate facilities.⁴⁵

Electric arc furnace slag may only be recovered with the consent of the cantonal authority if:⁴⁷

1. recovery is carried out in the course of construction work in hydraulically or bituminously bound form or under a surface impermeable to water; and

2. the electric arc furnace slag originates from the manufacture of unalloyed or low alloyed steels subsequent to 1989.

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 satisfies the requirements under Annex 4. However, municipal waste in accordance with Article 3 letter a numbers 1–3 that is mixed or collected mixed may not be used as a raw material or as a heating fuel even if subsequently sorted. Sorting residues resulting from the treatment of separately collected municipal waste that cannot be recovered may be used as fuel in the manufacture of cement and concrete.⁴⁸

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.

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

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.

Liquid, explosive, infectious and combustible waste may not be deposited.

Mercury waste in terms of Article 3 letter f^bis numbers 1 and 2 are environmentally compatible and must be disposed of according to the state of the art.

Mercury waste in terms of Article 3 letter f^bis number 3 are environmentally compatible and must be treated and deposited according to the state of the art.

Waste disposal facilities must be constructed and operated according to the state of the art.

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.

Proprietors of waste disposal facilities must:

1. ⁵¹operate the facilities so that no harmful effects or nuisances are occasioned to the environment if possible;

2. check the waste on receipt and ensure that only acceptable waste is disposed of in the facilities;

3. dispose of residues forming in the facilities in an environmentally compatible manner;

4. ensure that the energy content of the waste is exploited as far as possible in its disposal;

5. ⁵²keep a record of the quantities of waste disposed of with details of their origin and of the residues and emissions arising in the facilities, and submit that record to the authority each year; the foregoing does not apply to temporary storage sites in accordance with Articles 29 and 30;

6. ensure that they themselves and their staff have the required specialist knowledge to operate the facilities properly and provide the authority on its request with the relevant proof of basic and continuing education and training;

7. 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;

8. in the case of mobile facilities, ensure that waste produced at the operation site concerned is treated.

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.

The authority shall check regularly whether a waste disposal facility complies with the environmental regulations.

If it identifies defects, it shall require the proprietor of the facility to rectify the same within reasonable time.

Temporary storage sites may only be constructed if the requirements of environmental and in particular waters protection legislation are satisfied.

At landfills, the material in temporary storage sites must satisfy the requirements for the type of landfill concerned

The waste stored temporarily must be kept separate from the waste landfill.

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.

Waste suitable for fermentation and decomposition that is compressed into bales may be temporarily stored in landfills of types C-E and at facilities for the incineration of waste.⁵⁵

The cantonal authority may require the proprietors of temporary storage sites to provide security in the form of a bank guarantee or insurance to cover the costs of a damaging event.⁵⁶

...⁵⁷

Facilities may be constructed or their capacity increased for the incineration of waste provided the structural elements guarantee that:⁵⁸

1. no diffuse waste gases are emitted;

2. ⁵⁹at facilities that treat liquid waste with a flashpoint below 60 °C and infectious special waste, such waste can be placed in the incineration chamber separately from the other waste and as directly as possible;

3. ⁶⁰at facilities that incinerate municipal waste in accordance with Article 3 letter a numbers 1–3 or waste of similar composition, at least 80 per cent of the energy content is used outside the facilities; the use of energy to capture CO₂ from flue gas is regarded as use outside the facilities.

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

Proprietors of facilities must operate them so that:

1. ⁶¹at least 55 per cent of the energy content of municipal waste in accordance with Article 3 letter a numbers 1–3 and waste of similar composition is used outside the facilities; the use of energy to capture CO₂ from flue gas is regarded as use outside the facilities;

2. on treatment, halogenated organic compounds are broken down as completely as possible and only reform to a minimal extent;

3. ⁶²special 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; the authority may permit other minimum temperatures and treatment times if it is proven that this does not result in more residues from incineration and that the residues do not contain higher levels of organic pollutants such as PAKs, PCDDs, PCDFs or PCBs;

4. ⁶³liquid waste with a flashpoint below 60 °C and infectious special waste are placed in the incineration chamber separately from the other waste and as directly as possible;

5. the slag contains no more than two per cent by weight unburned parts, measured as total organic carbon (TOC);

6. in the event of disruption to operations, the treatment of any waste in the incineration chamber is completed;

7. ⁶⁴at facilities that incinerate municipal waste in accordance with Article 3 letter a numbers 1–3 or waste of similar composition, metals are recovered from the filter ash;

8. ⁶⁵in the event of any interruption in the supply of necessary operating resources, a reserve is available to ensure normal operation for at least two months.

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.

The structural elements must guarantee that:

1. the waste water on any surface impermeable to waters can be collected, discharged and if necessary treated;

2. gaseous effluents produced in closed spaces can be treated if necessary;

3. suitable measures are taken to prevent or reduce emissions of greenhouse gases.

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.

In composting and fermentation facilities, biogenic waste may only be allowed to be composted or to ferment if it is suitable for the relevant procedure due to its properties, in particular its nutrient, pollutant and foreign substance content, and for recovery as fertiliser as defined in Article 2 paragraph 1 letter a of the Fertilisers Ordinance of 1 November 2023⁶⁷ (FertO). Waste that is fermented in facilities for co-fermentation in waste water treatment plants is exempt from the requirement of suitability as fertiliser.

Unmixed, nutrient-rich biogenic waste must, as a priority, be processed in composting and fermentation facilities outside of wastewater treatment works.

Packaged biogenic waste may only be allowed to be composted or to ferment in composting and fermentation facilities in accordance with paragraph 1 other than waste water treatment plants if:

1. the packaging and labelling are bio-degradable and suitable for the procedure concerned;

2. the packaging and labelling must be removed to the extent possible, preferably before or at the latest during composting or fermentation.

The regulations in the FertO and the ORRChem⁶⁸ relating to compost and digestates also apply.

The following types of landfills may be constructed and operated:

1. Type A for waste in accordance with Annex 5 number 1;

2. Type B for waste in accordance with Annex 5 number 2;

3. Type C for waste in accordance with Annex 5 number 3:

4. Type D for waste in accordance with Annex 5 number 4;

5. Type E for waste in accordance with Annex 5 number 5.

Landfills may have compartments for different types in accordance with paragraph 1.

Where landfills are made up of two or more compartments, the requirements for the relevant type of waste apply to the compartments concerned.

The requirements specified in Annex 2 apply to the location and the structure of landfills.

Type E landfills may not be constructed underground. Other landfills may be constructed underground with the FOEN’s consent provided:

1. the waste is deposited in a stable cavity until the end of the after-care phase;

2. 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;

3. ⁶⁹in the case of Type D landfills, only slag is deposited that originates from facilities in which municipal waste in accordance with Article 3 letter a numbers 1–3 or waste of similar composition is incinerated and appropriate measures are taken to prevent the build-up of gases.

In cases where it is permitted under the waters protection legislation to divert a body of flowing water for the construction of a landfill:

1. the bodies of water must be diverted around the landfill;

2. it must be ensured that no water can intrude into the landfill.

Landfills must be of at least the following exploitable volumes:

1. Type A: 50 000 m³;

2. Type B and Type C: 100 000 m³;

3. Type D and Type E: 300 000 m³.

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

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.

Any person who wishes to construct a landfill or a compartment requires a construction permit from the cantonal authority.

Any person who wishes to operate a landfill or a compartment requires an operating licence from the cantonal authority.

The cantonal authority shall grant the construction permit for a landfill or a compartment provided:

1. the requirements for landfill volume and the location of the landfill are indicated in the waste management plan;

2. the requirements under Article 36 for the location and building of landfills are met.

In the construction permit, it shall specify:

1. the type the landfill or of the compartment;

2. any restrictions on the acceptable waste in accordance with Annex 5;

3. further requirements and conditions that are necessary for compliance with the environmental and waters protection legislation.

The cantonal authority shall grant the operating licence for a landfill or a compartment if:

1. the landfill structure has been constructed in accordance with the approved construction plans;

2. operating regulations in accordance with Article 27 paragraph 2 are available; and

3. 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.

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.

The authority shall specify the following in the operating licence:

1. the type the landfill or of the compartment;

2. any catchment areas;

3. any restrictions on the waste acceptable in accordance with Annex 5;

4. measures to comply with the operating requirements in accordance with Article 27 paragraph 1, in particular the frequency of inspections;

5. monitoring of the collected leachate and if applicable of the groundwater in accordance with Article 41;

6. if applicable, the inspections of the degassing systems and analyses of the landfill gases in accordance with Article 53 paragraph 5;

7. further requirements and conditions necessary to comply with the environmental and waters protection legislation.

The authority shall limit the operating licence to no more than five years.

The proprietors of landfills must analyse the collected leachate at least twice each year.

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.

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.

They must document the analyses and submit the results to the authority.

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.

The cantonal authority shall approve the plan if:

1. it satisfies the requirements of Annex 2 number 2.5 for surface closure;

2. 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;

3. 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.

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:

1. 5 years in the case of landfills or compartments of Types A and B;

2. 15 years in the case of landfills or compartments of Types C, D and E.

The proprietor of a landfill or a compartment must ensure for the entire after-care phase that:

1. the facilities satisfy the requirements of Annex 2 number 2.1–2.4 and are regularly inspected and maintained;

2. 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.

The proprietor must ensure that the surface soil fertility is monitored for five years following closure of a landfill or a compartment.

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.

The cantons shall implement this Ordinance, unless they assign implementation to the Confederation.

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.

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 2008⁷⁰.

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.

The Technical Ordinance on Waste of 10 December 1990⁷¹ is repealed.

The amendment of other legislation is regulated in Annex 6.

The cantonal authority must incorporate plans for the recovery of phosphorus from phosphorus-rich waste into its sewage sludge disposal plan and waste management plan by 1 January 2028 and submit them to the FOEN.

From this point onwards, producers of sewage sludge and animal and bone meal must provide the competent cantonal authority with the proof required under Article 15b.

Excavated asphalt containing more than 250 mg PAH per kg may be recovered in the course of construction work until 31 December 2025 provided:

1. 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

2. 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.

Excavated asphalt containing more than 250 mg PAH per kg may be deposited until 31 December 2027 in a landfill of Type E.⁷⁴

Excavated asphalt containing may be deposited until 31 December 2027 in a landfill of Type B.⁷⁵

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 1985⁷⁷ (OAPC) may be deposited until 31 December 2033in landfills of types D and E (Annex 5 Nos 4.1 and 5.1).

Residues from the incineration of waste shall have as low a content of dioxins (PCDD) and furans (PCDF) as the state of the art permits (Annex 5 numbers 3.3 and 4.2). Until 31 December 2026, they may contain a maximum of 3 μg toxic equivalents (TEQ) per kg.

Landfills and compartments that came into operation before this Ordinance comes into force may continue in operation provided the requirements for granting an operating licence in accordance with Article 40 are met by 31 December 2020 at the latest.

The cantonal authority shall assess 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.

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 CSO⁷⁹.

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.

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.

Waste disposal facilities other than landfills and compartments that come into operation before this Ordinance comes into force must satisfy 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.

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. For facilities that will be decommissioned by 31 December 2035, the FOEN may grant exemptions to the canton and the operator on request.⁸⁰

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 2028.⁸¹ Until that date, filter ash may be deposited in hydraulically bound form without the recovery of metals in Type C landfills or compartments provided there are no available treatment capacities for recovery.⁸²

…⁸⁴

This Ordinance comes into force on 1 January 2016.