C'' OCLC 11859254
ENUIRONMENT
SWITZERLAND
Office of International Activities
*^* Environmental Protection Agency
March W77
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Office of International Activities
EnT. - ronmental Protection Agency
March 1977
FOR INTERNAL USE ONLY
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PREFACE
This is a brief report on the organization and management of environmental
activities on the national level in Switzerland. Reports on Japan, Luxemburg, Belgium,
Great Britain, the Netherlands, Spain, Australia, Federal Republic of Germany and
-^ Sweden have already been distributed. Similar reports on other countries will be
* available soon. These reports, which are background papers for EPA staff involved
"J in international activities, are not for distribution outside the Agency.
, Emphasis is on policy and regulatory functions of national environmental
< agencies as well as on legal instruments for environmental control. Research and
. development, often under the auspices of other departments, for example, science and
^ technology, are not covered .in these reports.
•v
^ Source documents for the reports, received under the International Documents
•T^ Exchange, are available in the EPA Headquarters Library. English summaries of the
^-v foreign documents are published in the monthly bulletin "Summaries of Foreign Govern-
ment Reports."
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TABLE OF CONTENTS
Page
I. National Organization for Environmental Control 1
II. Environmental Laws 7
III. Standards lg
IV. Enforcement Procedures 21
V. Interrelationships Between Government and Industry 25
Seference Notes 28
Appendix. • Environmental Laws and Regulations 31
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E.N.VI.ROiNME_NTiAIt £ .0 .3. Z £ °. It L E JL ^'i 1 ^. 1. £ ll A H 2
I. National Organization for Eavironmental Control
overall government structure
i The Swiss Confederation, composed of 25 cantons and half-cantons, hasj
a republican federal constitution. A bicameral parliament (the Federal Assem-
bly), consisting of the National Council and the Council of States, is the
supreme governing body of the Confederation. Here resides the constitutional
authority to make all federal laws, to appoint members of other federal bodies
and to supervise their work. Executive authority is vested in the Federal Coun-
cil, a collegiate body of seven members. Each member, individually elected by
a joint session of parliament, acts as minister or head to one of the seven de-
L*
partments under which the executive branch is organized. Once a year the
Federal Assembly elects one member of the Federal Council to serve as president
of the Confederation and a second to serve as vice president. Because of the I
growing complexity of governmental affairs, the Federal Assembly has delegated
to the Federal Council a great deal of discretion in the administration of
federal law. For example, legislation enacted by the Federal Assembly will
ordinarily state the general intent of the law and grant the Federal Council
the power to determine the details of execution and to issue the necessary rules
and regulations. The Federal Council has also assumed the position of director
»
of the Swiss legislative process by originating the bulk of all new legislation.
Legislatively initiated amendments to the constitution must be sub-
mitted to popular vote for approval in a national referendum and require the
consent of a majority of the voters and the cantons.' Other legislation is sub-
2
ject to optional referenda.
*A11 reference notes will be found beginning on page 28.
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national environmental agency
The referendum of June 6, 1971 approved by an overwhelming majority !
the introduction of Article 24 septie into the federal constitution, delegating
to the Confederation the authority to "legislate on the protection of man and
his natural environment against harmful or troublesome influences to which
they are subjected." In order to fulfill its new responsibilities, the Federal
Council, on May 26, 1971, created, within the Federal Department of the In- |
terior, an Office of Environmental Protection. Article 2 of the Federal Council
'decree assigns to the new office the following functions:
1) drafting federal laws and orders concerning the protection of the
natural environment and, in particular, the protection of waters,
fishing, the preservation of clean air and noise control;
2) enforcing such laws and orders where the cantons are not competent
to do so under the federal constitution or the law;
3) supervising the implementation of federal laws and orders by the
cantons;
4) cooperating with the federal and cantonal departments which deal
with problems relating to the protection of the natural environment,
and coordinating the work of these bodies in accordance with a uni-
form policy;
5) taking emergency measures;
6) publishing technical instructions and formulating principles and
guidelines in agreement with the federal services concerned;
7) advising federal services, cantons, municipalities and organizations on
questions relating to the protection of the natural environment;
8) informing the public on the need for and significance and organiza-
tion of protection of the natural environment;
9) assisting in the drafting and implementation of international agree-
ments on the protection of the natural environment;
10) helping to ensure that Switzerland participates in the work of
international organizations dealing with the protection of the
natural environment;
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11) commissioning research and cooperating with Swiss and foreign scien-
tific institutions in fundamental and applied research;
12) encouraging all efforts aimed at the protection of the natural environ-
ment.
The Office of Environmental Protection is made up of two principal
divisions and one section: the Main Division of the Protection of Waters;
the Main Division for the Protection from Nuisances; and the Administrative
Section. The latter handles such functions as personnel, accounting and organi-
zation and administration.
The Main Division for the Protection of Waters is divided into three
elements: the Wastewater and Solid Wastes Division; the Hydrocarbon Section;
and the Natural Sciences and Fishery Division. The Main Division for the Pro-
tection from Nuisances has two elements: the Air Protection Division and the
Division,to Combat Noise.
Also reporting to the Office of the Director are staff elements which
include a secretariat, a legal section, and three service groups dealing with
economic questions, international organizations and information services. (See
organizational chart, p 3a.)
A staff of 72 has thus far been maintained at the federal, level.
This has been made possible by the nature of the Office's relationship with
cantonal authorities, which have retained many independent responsibilities
and continue to oversee the execution of all federal laws.
The Office of Environmental Protection is assisted on the national
level by five permanent advisory commissions established within the Department
of the Interior to oversee different areas of environmental concern. These are:
•.
the Federal Commission for the Protection of Waters; the Federal Commission for
the Testing of Reservoirs; the Federal Commission for Waste Problems; the
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ORGANIZATIONAL CHART OF THE OFFICE OF ENVIRONMENTAL PROTECTION
SECRETARIAT
LEGAL SECTION
ECONOMICS SERVICE
INTERNATIONAL
ORGANIZATIONS SERVICE
INFORMATION SERVICES
OFFICE OF THE
DIRECTOR
ADMINISTRATION SECTION
PERSONNEL
MAIN DIVISION FOR THE
PROTECTION OF WATERS
ACCOUNTING
ADMINISTRATION
AND
ORGANIZATION
r
WASTEWATER AND SOLID
WASTE DIVISION
HYDROCARBON
SECTION
NATURAL SCIENCES AND
FISHERY DIVISION
PLANNING SECTION
TECHNICAL PROCEDURES
SECTION -
SECTION FOR THE
PROTECTION OF
WATERS
CONSTRUCTION AND
MANAGEMENT SECTION
EASTERN SWISS
SERVICE
CENTRAL AND NORTH
SWISS SERVICE
ECOLOGY AND
TOXICOLOGY
SECTION
SURFACE WATER
SECTION
GROUNDWATER
SECTION
CHEMISTRY AND
BIOLOGY SECTION
FISHERY SECTION
WESTERN AND
SOUTHERN SWISS
SERVICE
FEDERAL COMMISSION FOR THE~|
PROTECTION OF WATERS
_J
FEDERAL COMMISSION FOR THE"1
TESTING OF RESERVOIRS !
FEDERAL COMMISSION FOR
WASTE PROBLEMS
FEDERAL COMMISSION TO
COMBAT NOISE
~l
FEDERAL COMMISSION FOR1
|_AIR_ PROTECTION j
MAIN DIVISION FOR THE
PROTECTION FROM NUISANCES
AIR PROTECTION
DIVISION
DIVISION TO
COMBAT NOISE
EXHAUST GASES
SECTION
HEATING AND
FURNACES
SECTION
INDUSTRY AND
HANDICRAFTS
SECTION
MOTORS AND
MACHINES SECTION
CONSTRUCTION
SECTION
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Federal Commission to Combat Noise; and the Federal Commission for Air Protection.
Important roles in the control and prevention of air pollution are also
played by two other federal ministries. The Department of Public Economics, under
ordinances pursuant to the 1964 Labor Law, is authorized to issue permits restrict-
ing the Ideation of and emissions from industrial heating facilities, while the
Department of Justice and Police is involved in regulating automobile exhaust
emissions under the 1958 Road Traffic Law.
Other relevant bodies operating outside the aegis of the Department of
the Interior include: the Federal Institute for the Management, Treatment and
Protection of Waters (EAWAG); the Commission for the Control of Fuel Quality; and
the Laboratory for the Testing of Materials and Research in Industry, Construction
and Trade.
The EAWAG, affiliated with the Federal Institute of Technology of Zurich,
functions primarily as an advisory body, conducting research in the areas of general
biology, technical and chemical aspects of water management, and solid waste disposal.
The Commission for the Control of Fuel Quality, created in 1973, is
responsible for administering the sulfur content quality controls imposed on imported
heating fuels and registering those content declarations which exceed presently
recommended concentrations.
The Laboratory for the Testing of Materials, and Research in Industry,
Construction and Trade has three sections which concern themselves with air pollu-
tion. The problem areas studied by these sections are: 1) air pollutants and heat-
ing installations, 2) motor vehicles, and 3) fuels.
Meteorology is increasingly being called upon to apply its know-how to
the service of air protection, as reflected in the establishment of a special sec-
tion of the Swiss Institute of Meteorology in Payerne (VD) to study air quality pro-
tection problems. In addition, the Institute established a National Forecast Center
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in November Of 1974, in Zurich, to provide assistance both in the protection of
the environment and in land use planning.
national-local relationships
The federal constitution establishes two sovereignties in Switzerland:
one is federal, exercised by the Confederation, and the second is contonal,
belonging to the 25 cantons and half-cantons. Although national policy is the
prerogative of the federal government, considerable power is vested in the can-
tons, each of which has its own written constitution and government. The cantons,
in turn, are subdivided into municipalities (communes) which grant primary
citizenship and administer such matters as public utilities, roads and education.
Within most cantons, groups of municipalities are organized into districts under
a prefect who represents the cantonal government.
The Swiss federal constitution accords to the cantons the authority to
legislate on any matter not specifically conferred on the central government.
Accordingly, environmental protection originated as an exclusive concern of the
cantons. When it became evident, however, that the separate forces of the cantons
were inadequate to effectively combat the growing sources of pollution, a series
of constitutional and statutory amendments were enacted to provide for the develop--
ment of federal environmental legislation, culminating in the general environmental
protection amendment to the constitution, which extended the central government's
;
scope of action without, however, granting it exclusive legal jurisdiction. The
cantons continue to legislate in this area but may do so only to the extent permitted
by federal law; furthermore, any legislation enacted by cantons to supplement and
enforce federal legislation is subject to the approval of the Federal Council.
The task of implementing federal environmental legislation is principally
in the hands of cantonal authorities. Although at least one canton, Thurgau, has
established an environmental protection agency with competence in both air and water
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pollution control, most cantons, in response to the 1971 Law on Water Protection,
have assigned water protection responsibilities to water protection offices or
commissions or to submits of other cantonal offices. In Geneva, for example, a
cantonal implementing regulation of January 24, 1973 to the 1971 Law designates
the Department of Public Works as the competent implementing authority and at the
same time establishes a cantonal Water Protection Commission to advise the Depart-
ment, perform research, and prepare technical directives and cantonal prescriptions.
Implementation of air pollution control measures is to a large extent
assigned by cantons to industrial and factory inspectorates. Basel has, however,
established an Air Quality Office, and a few other cantons have established environ-
mental protection offices concerned chiefly with air pollution control.
Cantonal responsibilities in implementing federal environmental law are
generally carried out under the supervision of central authorities and with the
assistance of technical and legal instructions or directives from the central author-
ities. The federal government may in fact intervene to force action if cantonal
authorities are remiss in performing their functions.
Municipal governments also have important environmental functions. They
bear the chief responsibility for the construction and operation of installations
used in the removal and treatment of wastewater and, in the performance of these
functions, frequently join together to form wastewater disposal corporations.
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II. Environmental Laws
legislative system
The Swiss legislature is composed of two separate bodies, the Council
of States and the National Council, elected on a cantonal and national basis
respectively. As a general rule, both chambers have the same rights and duties,
with neither being inferior 'to the other. Although the constitution grants the
right to introduce a bill to both the National Council and the Council of States,
to any member of either chamber, to each canton and half-canton, and to the Federal
Council, it is the Federal Council which, in practice, has taken upon itself the
responsibility for introducing bills into the Swiss federal legislature. Neither
chamber has priority in the consideration of a bill. Consequently, at the first
session of the legislature, the Federal Council submits its bills to the presi-
dents of both chambers, who decide between themselves which house will be the
first to discuss" each piece of business. As in the United States, a bill can
become a law only after it has been passed by both chambers; however, there is
no executive veto power. When a bill has been passed in identical form in both
chambers, the Federal Chancellery prepares an official text which is signed by
the presidents and secretaries of both bodies. The text is then submitted to the
Federal Council for publication and execution. Laws come into effect on the date
fixed in the legislation or, if no date is mentioned, within five days after publica-
tion. '-•
>•
The federal constitution makes all federal laws (lois/Gesetze) and uni-
versally binding federal decrees (arrtt^s/Beschllisse) subject to a popular referen-
dum on the demand of 30,000 Swiss voters or of eight cantons. Opposition to the
1974 Land Use Planning Law, for example, led to a referendum in which the Law was
rejected. Federal decrees may escape the referendum, however, if declared urgent
or not universally binding. Since decrees of the Federal Council are never subject
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to the referendum, Federal Laws tend to delegate extensive subsidiary legislative
power to the Federal Council, thereby avoiding the threat of referendum.
Legislation applying to matters falling under the competence of the
cantons is produced by individual cantonal legislative bodies. As mentioned
above (see page 5) the cantons have a limited but important constitutional compe-
tence to legislate in the area of environmental protection. In the case of water
legislation, for example, cantonal legislation is required to fill in the frame-
work provided by the federal law.
highlights of water legislation"
The October 8, 1971 Federal Law on the Protection of Waters Against
Pollution (Law on Water Protection) is one of the few examples of federal environ-
mental legislation encompassing an entire sector of the environment in one unified
text. This framework law was first adopted in 1955 as the result of a constitu-
tional amendment empowering the Confederation to legislate on the protection of
waters and was revised in 1971 to the version currently in force. Consistent with
the federal tradition, the present law, consisting of 47 articles, establishes
a clearly defined organization of official duties on the federal, cantonal and
municipal levels.
The law requires the protection of all types of water against pollution—
"publicly and privately owned surface waters and groundwater, whether natural or
artificial, including springs"—and it provides various measures for both making
m >
and keeping these waters clean. It prohibits the introduction or deposit (directly
or indirectly) into water of any solids, liquids or gases liable to'pollute it. The
disposal of pollutants by allowing them to seep into the subsoil is also prohibited.
Discharges of wastewaters from domestic, industrial or'agricultural sources are
similarly prohibited unless they are treated in accordance with cantonal legislation.
Duly treated discharges are made subject to prior authorization by the competent
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cantonal authority. The cantons are further given the responsibility for establish-
9
ing public drainage systems in accordance with canton-wide master sewerage plans.
Cantons which engage municipalities to undertake the construction and operation of
installations for the removal and treatment of wastewaters are also required to
supervise the implementation of such measure? and the execution of the work. In
areas served by such sewerage systems, the Law makes mandatory the discharge of
all wastewaters into the public drains. The Law further requires cantonal licens-
ing for the deposit of solid wastes in or near bodies of water. Provisions for the
protection of ground-water require the "cantors to adopt the necessary measures for
the protection of usable groundwater strata and to establish special protection
zones around groundwater catchment points. Koreover, cantons must ensure that all
methods of wastewater disposal be adapted to .romply with such requirements or be
discarded within"ten years of the entry into force of the Law on Water Protection.
Federal subsidies for the construction of municipal sewerage systems and wastewater
purification facilities are to be made available.
To accompany and supplement this lax-% the Federal Council also issued
three implementing ordinances which entered :• 'to force with the Law on July 1,
1972. These are:
1) the General Ordinance of June 19, 1.972 cm Water. Protection;
2) the Ordinance of June 19, 1972 on t..:i Protection of Waters From j
Pollution by Water-Endangering Liquids: arid '- _ I
3) the Ordinance of June 19, 1972 on the Degradability of Washing and
Cleansing Products.
The General Ordinance contains organizational provisions regarding the
duties of the federal administration and the :antons. It also presents specifi-
cations for cantonal plans for the enhancement of water quality and states princi-
ples to be observed in regard to wastewater ci".-charges from buildings and installa-
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tions not connected to central treatment plants.
The Ordinance on the Protection of Waters From Pollution by Water-
Endangering Liquids applies particularly to liquid fuels and liquid chemical
products and contains general prescriptions regarding the construction, equipment,
operation and maintenance of installations intended a) for the storage, trans-
shipment and transport and the manufacture, processing, utilization, and conver-
sions of such liquids, and b) for the elimination of their residues. The Ordinance
establishes a four-zone system based on the degree of need for water protection
and topographical conditions. This system is to be followed by cantons in taking
measures regarding harmful liquids and, among other things, requires cantons to
. form a service designed to intervene effectively in the case of accidents involving
such liquids.
The Ordinance on the Degradability of Washing and Cleansing Products
stipulates that detergents intended for domestic or industrial consumption may
not contain organic substances which are not readily degradable. Manufacturers
and importers of detergents are required to apply for approval from the Federal
Laboratory for the Testing of Materials and Research in Industry, Construction
and Trade for all such products intended for utilization in Switzerland. If an
examination shows the products fail to meet required standards, they will not be
permitted to be placed on the market. The criteria employed in the determination
of degradability are to be established by the Department of the Interior.
Cantonal legislation has been passed to ensure the implementation of
the federal water protection law on the cantonal level. The Geneva regulation
issued on January 24, 1973, for example, assigns competence for implementation of
the law; sets up a cantonal Water Protection Commission; deals with approval of
the canton's general water quality enhancement plan, master sewerage plan and water
protection map; and lays down the authorization conditions for construction both
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within and outside of the area covered-by the cantonal master sewerage plan as well
as within special groundwater protection zones. Other cantons have issued similar
legislation in implementation of the 1971 Law.
highlights of air pollution legislation
, The legal means to combat air pollution in Switzerland are still being
developed, existing provisions being found in a series of federal laws which only
peripherally concern environmental protection.
Although a provision proscribing the "smoke or soot emissions, trouble-
some exhalations, noises and vibrations' having harmful effects or exceeding the
tolerable limits respected between neighbors with regard to local usage, location
and nature of the buildings" is contained in the Swiss Civil Code, this provision
12
has rarely been resorted to, since it requires the filing of an individual complaint.
: More significant and more easily applicable to the problems of air pollu-
tion are the provisions contained in the Federal Labor Law and the Federal Soad
Traffic Law.
Article 6 of the March 3, 1964 Labor Law obliges employers "to protect
the life and health of employees, and to shelter neighboring areas from the noxious
or disagreeable effects of the enterprise by the adoption of all precautions that
the state of technology permits, given the circumstances of the particular opera-
tion." Federal control of industrial heating installations is derived from .this
provision, which has been interpreted to apply to industrial heating installations
insofar as they constitute operational elements of an enterprise.
Regulations in execution of the 1964 Labor Law are set forth in Imple-
menting Ordinance I of January 14, 1966, Articles 23 and 24 of which stipulate
that plans for industrial enterprises which are submitted to the Federal Department
of Public Economics for approval designate the location of heating facilities and
specify the nature and amount of all substances being emitted to the outside.
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Articles 27 and 29 of this ordinance empower the licensing authority (the Federal
Department of Public Economics) to require the adoption of additional precautions
in the event that defects become evident after the start of operations.14
Implementing Ordinance 3 of March 26, 1969, on hygiene and accident
prevention in industry, contains further provisions regarding the protection of
neighboring areas from air pollution and authorizes the Federal Department of
Public Economics to issue emission control regulations. Regulations regarding the
temporary suspension of operations for safety purposes are also contained among
these provisions.
The legal basis for federal regulation of automobile exhaust emissions
is provided by the December 19, 1958 Road Traffic Law, which authorizes the Federal
Council to issue directives with regard to traffic safety and the prevention of
noise, smoke, odor, and other noxious effects. The technical requirements govern-
ing motor vehicle exhaust emissions are set forth in the August 27, 1969 Ordinance
on the Construction and Equipment of Automobiles, as amended on November 26, 1973,
which requires the recycling of crankcase fumes through a closed circuit blow-by
S3/stem and prescribes a carbon monoxide emission threshold of 4.5 percent.
Also instrumental in the development of air pollution control measures
has been the 1906 Federal Law on Food Products, which enabled the Federal Council,
in 1971, to limit the lead content of regular gasoline to 0.54 grams per liter. A
further adjustment, effective as of January 1975, reduced the permissible lead
content of regular gasoline to 0.4 grams per liter.16
Cantonal legislation also provides an important basis for air pollution
control. The Zurich Public Health Law, in conjunction with implementing ordinances,
for example, contains provisions for the control of air pollution which, among other
things, allow municipalities to close industrial operations incapable of sufficiently
controlling dangerous or annoying emissions. Furthermore, provisions of the Zurich
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Planning and Construction Law, in effect since April 1976, require owners and opera- !
tors of industrial enterprises to ensure that their plants do not have an unduly
negative effect on the surrounding environment.^
An environmental bill containing provisions for more comprehensive envi-
ronmental control, especially with regard to air and noise pollution, was introduced
on November 18, 1973 for consideration by the Federal Assembly. This bill stipulated
a number of protective measures which the federal authorities might adopt to ensure
environmental protection, including: the establishment of, maximum admissible emis-
sion limits; a mandatory authorization'system for establishments» installations and
materials which are liable to generate harmful or annoying effects; and the sur-
veillance and monitoring of such industrial establishments and activities. The
bill also required the periodic preparation of environmental impact reports by opera-
tors of polluting establishments. Finally, the bill clarified the obligations of
the Confederation and cantons, specifying their respective responsibilities in the
defense of the natural environment.
The opposition to this Bill, evinced at the time of its submission for
consultation to the Cantons and environmental interest groups, precluded its enact-
ment into law. The Federal Environmental Protection Office subsequently prepared a
report focusing on the major problem areas identified in the responses to question-
naires submitted for comment. On the basis of this report, the Department of the
Interior has directed the Federal Office to establish working groups of experts to
••
redraft the legislation on a section by section basis, incorporating the suggestions
presented in the responses. Consequently, 1977 has been projected as the earliest
possible date for even a partial entry into force of the law.18
other program areas: pesticides and toxic substances, radiation, noise, land use
Pesticides and other auxiliary agricultural products were first subjected
to controls by the October 30, 1951 Law on Agriculture. The February 4, 1955 Ordi-
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nance on Trade in Auxiliary Agricultural Products, issued in pursuance of the 1951
Law, deals with: procedures for product marketing; the responsibilities of the
Federal Agricultural Testing Station in this domain; and the preparation of an
auxiliary products inventory designating those products and their compounds which
are exempt from such licensing. An inventory update is contained in the February 7,
1961 Ordinance of the Federal Department of Public Economics Amending the Manual
of Products for the Protection of Plants. Additional revisions of the provisions
are contained in the May 26, 1972 Amendment to the Ordinance on Trade in Auxiliary
Agricultural Products. Further pesticide control measures appear in legislation
more generally aimed at controlling toxic substances, such as the March 21, 1969
Federal Law on Trade in Toxic Substances, which establishes a system of classifi-
cation for these substances on the basis of the hazard which they present and which
prescribes a series of measures for the protection of life and health. The December
23, 1971 Ordinance on the Implementation of the Toxic Substances Law elaborates on
the form and content of the substances' list; protective measures to be adopted;
and the role of the cantonal authorities, the Public Health Service and the Interior
Department in the implementation process. The December 23, 1971 Ordinance on Prohi-
bited Toxic Substances specifies the conditions under which the use of certain sub-
stances is prohibited. Among the substances cited are: arsenic, lead, mercury,
benzene, methyl bromide, thallium, strychnine, ODD, DDE, DDT, and polychlorinated
biphenyls (PCB's).. - 1
Legislation on radiation control is contained in the December 23, 1959
Federal Law on the Peaceful Uses of Atonic Energy and on Radiation Protection.
More specific provisions have since been enacted in pursuance of this law by the
Federal Council. These can be found in the June 30, 1976 Radiation Protection
Ordinance, which encompasses all activities involving radiation hazards and which
provides for: the licensing system governing the use of such substances; inspec-
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tion procedures; maximum exposure levels for both occupationally exposed persons
and the general public; and the classification of radioactive substances, according
to radiotoxicity, into nine categories. This Ordinance also concerns the storage
and handling of radioactive wastes.
.Noise pollution, like air pollution,, has been indirectly controlled in j
Switzerland through the regulation of its sources. Existing provisions applicable
to motor vehicles, aircraft, construction sites, and industrial activities can be
found in the Road Traffic Law, the Air Navigation Law, the Law on the Construction
and Equipment of Road Vehicles, and police prescriptions.
Federal-level provisions for dealing with the rational use of land and
providing, among other things, for the designation of protected areas, are con-
tained in the March 17, 1972 Federal Order on Emergency Measures in the Area of
Land Use Planning and in the implementing ordinance issued on March 29, 1972.
These meas.ures, originally scheduled to be valid only to the end of 1975, were to be
replaced by the Federal Land Use Planning Law, which was passed by the federal
legislature in 1974 and subjected to public referendum in June 1976. The resulting
rejection of that law has led to an extension of the 1972 Order until an acceptable
19
revision of the law can be prepared.
promulgation
The federal laws of Switzerland appears in the official legal gazette,
published in French as Recueil des lois federales and in German as Sammlung der
eidgenflssischen Gesetze.
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III. Standards
water pollution standards
Until recently the only binding -federal standards to be issued in pursu-
ance of the 1971 Law on Water Protection concerned the biodegradability of deter-
gents and^were embodied in the Ordinance of June 19, 1972 on the Biodegradability
of Washing and Cleansing Products. This ordinance stipulates that only those
products whose microbiological degradation is guaranteed either by the receiving
waters or by treatment in a biological plant be allowed to reach the market. (Pro-
visions governing admissible phosphate contents of detergents are also expected
to be issued by the Federal Council.)
Since January 1, 1976, however, federal effluent standards have also
been in effect in Switzerland. These standards, which reflect the results of a
ten year national water quality study with 1966 provisional effluent quality guide-
lines, were enacted to supplant the 1966 Directives, which had been issued by the
Federal Department of the Interior for the canton's use in the implementation of
water pollution legislation. These mandatory standards, contained in the Ordinance
of December 9, 1975 on the Discharge of Wastewaters, pertain to both discharges
and ambient waters. Set forth in the ordinance are provisions concerning quality
objectives to be attained by receiving water bodies; conditions of wastewater dis-
charges as well as cantonal responsibilities in this .domain; and special discharge
conditions under which the cantons in cooperation with the Federal Environmental
Protection Office may specify either more or less s'tringent precautionary measures.
A three-columned appendix presents requirements for: 1) ambient water
quality objectives; 2) discharges effectuated into various bodies of water; and
3) discharges effectuated'into public sewerage systems.' These requirements concern:
general parameters such as temperature and color; inorganic substances such as lead,
arsenic, cadmium, chrome III and VT, copper, mercury and zinc; total organic
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parameters such as BOD^, dissolved organic carbon (DOC) and total organic carbon
(TOG); and organic substances such as fats and phenols. For some parameters, it
is left to the cantons to establish standards as the need arises. This applies,
for example, to: discharges into water bodies and public sewerage systems of
ammonia, ammonium, and chloride; discharges into water bodies and public sewerage
systems of organic substances such as aromatic amines, and organic chlorinated
pesticides; and several of the total organic parameters of discharges into water
bodies and public sewerage systems.
air pollution standards
Switzerland has no binding federal air standards, criteria for both
ambient air quality and emissions existing only in the form of recommended guide-
lines issued by central government authorities for the use of local authorities
in establishing binding standards on the cantonal or municipal levels.
The only current ambient air quality guidelines are contained in the
Federal Clean Air Commission's 1964 Directives for the Evaluation of Sulfur
Q
Dioxide. They establish a long term sulfur dioxide threshold value of 0.75 mg/mj
o
over a 24-hour period during the winter months and 0.5 mg/m during the summer
"9O
months. ^u
Federal recommended emission limits for stationary sources are embodied
in the February 7, 1972 Directives on Emission Limits for Domestic and Industrial
Furnaces, which apply to furnaces employing liquid,i gaseous or solid fuels in the
21
production of heat, steam, hot water or electricity". The guidelines identify
five classes of furnaces based on type of fuel used and fuel burning capacity, and
state specifications with regard to each type of furnace. For example, domestic
oil burners of a capacity of up to 200 kg/h are to employ light oil with a sulfur
content of 0.3Z by weight and an ash content of 0.01% by weight. Dust and soot
content of emissions from such burners is not to exceed 2 on the Bacharach scale
—17—
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for burners already in operation and 1 for new burners, while the minimum content
value for carbon dioxide is stated as: 8% for burners consuming fuels at less
than 3 kg/h; 10% for those consuming 3 to 9.9 kg/h; and 12% for those consuming
10 kg/h or more. These guidelines have been adhered to in the standards established
by the Canton of Zurich in the April 12, 1972 Ordinance on Furnace Emissions.22
Further guidelines regarding stationary sources are found in the February
7, 1972 Guidelines on Emission Limits for Refuse Incinerators,23 which apply princi-
pally to installations for the incinerations of domestic wastes, as well as in the
February 7, 1972 Directives on Emission-Limits for^Fireplaces,24 which stipulate,
among other things, that only dry wood or charcoal may be burnt in domestic fire-
places.
With regard to emissions from motor vehicles, Switzerland has conformed,
since 1973, to the standards of the United Nations' Economic Commission for Europe,
which the European Community has in turn adopted for ratification by its member
states. In accordance with the amended version of these standards, which entered
into force on December 11, 1974 in Switzerland, motor vehicles are to be so con-- .
structed that emission of air polluting gases is limited to the extent allowable by
the current state of technology. Specific standards apply to carbon monoxide and
hydrocarbon emissions from motor vehicles with positive-ignition engines tested
under three different conditions. Test I involves vehicles under 3500 kg in weight
capable of achieving 50 kilometers per hour on a windless straight stretch of road.
Such vehicles are to conform to the following emission standards in simulated heavy
traffic operational conditions during type testing: carbon monoxide emissions per
test are not to exceed values ranging from 80 to 162 grams for vehicles weighing
more than 2150 kg; hydrocarbon emissions per test range from 6.8 to 10.3 grams for
vehicles weighing up to 2150 kg and 10.9 grams for vehicles weighing more than
2150 kg. During Test II, which is to take place at idling speed, emissions of
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carbon moaoxide in exhaust gas are not to exceed 4.5 percent per volume. Test III
involves the measurement of gaseous emissions from the crankcase; during this test,
hydrocarbons emitted from the crankcase and not recycled by the engine must represent
less than 0.15 percent of the fuel quantity consumed by the engine.
i Recent Federal Council proposals submitted to the Federal Council indicate
that Swiss automobile emission standards are to become increasingly more demanding;
by 1982 permissible carbon snnoxide and hydrocarbon emissions are expected to equal
no more than 20 percent of 1974 ECE standards, while nitrogen oxide is to be limited
25
to 0.6 grams per kilometer.
Fuel regulations formulated pursuant to the 1906 Federal Law on Food
Products provide lead and sulfur content threshold values. The January 1975 per-
missible lead content set by the Federal Council for gasoline is 0.4 grams per liter,
26
while sulfur content of gasoline is restricted to 0.5 percent.
pesticides standards
Standards pertaining to maximum permissible concentrations, on marketed
food products, of pesticides, herbicides and other auxiliary agricultural agents
are set forth in the May 19, 1969 Federal Interior Ministry Ordinance on Residues
of Pesticides and Preservatives.
future of standards
The rejection of the Environmental Protection Bill has temporarily arrested
planned developments in the area of standards. The-Bill had been expected to bring
about innovations in this area since it would have granted the Federal Council the
power to formulate emission regulations with regard to various establishments,
installations, and activities and would have made the Federal Council responsible
for the enactment of federal standards stating maximum admissible nuisance levels.
It is not known at this time if these particular provisions are to be retained in
the version of the Bill that is now being'prepared.
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promulgation of standards
Standards established by the Federal Council or Department of the Interior
can be found in the official legal gazette (Recueil des lois fe'derales/Sammlong
der eidgenbssischen Gesetze). while guidelines appear in the official government
bulletin,* published in both German (Bundesblatt) and French (Feuille federale) .
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IV. Enforcement Procedures
court system
The only major Swiss judicial authority on the federal level is the
Federal Tribunal (Bundesgericht/Tribunal fe
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1971 Law on Water Protection include inspection and surveillance systems and
licensing systems.
The cantonal agencies responsible for the enforcement of the Law are
empowered to conduct inquiries in connection with water protection and, when
necessary, in the pursuance of such duties, are entitled to free access to the
installations and sites concerned. Cantonal services are similarly authorized
to periodically monitor the operations of was tewater_ treatment facilities. The I
pollution prevention measures and devices required in the manufacture, process-
ing, transshipment, transport and storage of liquid fuels liable to cause pollu-
tion are also subjected to regular inspections. Each canton is required by law
to establish a technical water protection service to supervise the control of
water protection and to ensure permanent surveillance through the analysis of
water quality as a means of furnishing evidence for enforcement proceedings.
Competent cantonal authorities are responsible for the issuance of
licenses prerequisite to the construction, conversion or extension of storage
installations for the handling of materials liable to cause deterioration of
water quality. Cantonal licenses are also required for the depositing of solids
in or near bodies of water as well as for the construction or conversion of instal-
lations or for the performance of operations which could prove especially dangerous
to groundwater strata. In this regard, cantonal laws, such as the 1974 Zurich law
implementing the 1971 Federal Law on Water Protection, establish groundwater pro-
tection zones and specify the types of activities which may be carried on in the ~
27
various" zones.
Legislation dealing with the prevention of air pollution also establishes
mechanisms for the enforcement of environmental provisions. Article 679 of the
Federal Civil Code allows civil suits to be brought by injured or aggrieved parties
against proprietors who have exceeded their ownership rights with respect to
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troublesome or harmful emissions. Furthermore, under provisions of the Labor Law,
permission from cantonal authorities is required in cases where either the construc-
tion or alteration of an installation might result in harmful effects to the area
in which the installation is located. Labor Law violations which entail major j
environmental repercussions can provoke a temporary shutdown of ..an installation by j
cantonal authorities. |
Enforcement functions regarding both air and noise pollution are assigned
to municipal authorities under cantonal legislation such as the Zurich Ordinance of
March 20, 1967 on General and Domestic Sanitation. This ordinance, which grants to
municipalities broad powers in both preventing and removing dangers to health and
welfare, not only permits municipal authorities to monitor both air and noise pollu-
tion but also allows them to completely or partially close industrial and commercial
operations as well as other annoying installations if noise and air pollution cannot
be sufficiently controlled by technical means or if the operators are remiss in
instituting proper control measures. ° Furthermore, following the passage of the
1972 Directives on Heating Installations both municipalities and cantons have organ-
ized campaigns concerned with or directed at the systematic inspection and monitoring
of heating facilities. In general, however, the lack of binding standards regard-
ing both noise and air pollution makes it difficult for municipalities to carry out
these functions effectively.
penalties
The Law on Water Protection provides for rigorous penal sanctions. Inten-
tional infractions are punishable by up to three years imprisonment or fines of up
to 40,000 francs. Violations arising from negligence can result in fines of up to
20,000 francs or prison sentences of up to six months.
No federally specified penalties for offenses against air pollution legis-
lation have been established. However, those offenses against the air pollution
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provisions of the Labor Law which result in endangerment to human life or health
are subject to prosecution leading to either fines or imprisonment.
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V. Interrelationship Between Government and Industry
industry and pollution
Switzerland has no heavy industry capable of adversely affecting large
areas of the country, and until recent decades domestic sewage was almost exclu-
sively responsible for water pollution, while air pollution in most areas of the
i
country can still be attributed chiefly to the burning of fossil fuels for domestic
heating and automobile emissions. The contribution of both industry and agricul-
ture to water and air pollution has, however, been constantly increasing, major
industrial contributors to pollution being the food-processing industry, the chemi-
cal industry, and the metal-working and machine industry.
industrial antipollution efforts and government-industry cooperation
Swiss industry has worked both on its own and in conjunction with govern-
ment officials to control pollution. For example, many Swiss firms have appointed
environmental officers whose functions cover all aspects of environmental protection
within the firm. Such environmental officers are, in most cases, designated as the
firm's official contact with public pollution control officials, with cantonal water
protection officers where water pollution is concerned and with air quality officers,
health department officials or industrial offices in the case of air pollution.
Cooperation between industry and government has been particularly prevalent
in wastewater purification, an area funded by public-and industrial contributions.
Such cooperative efforts involving the paper, sugar, chemical and metallurgical
industries have been directed primarily toward the" development of raw material
32
recovery methods and the efficient treatment and recycling of industrial effluents.
Some branches of Swiss industry have worked alone or in conjunction with
government agencies in developing norms and standards.'- The cement industry, for
example, in the absence of official standards, has established norms for dust emis-
sions and has set up its own inspectorate to ascertain if the norms are being followed.
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The detergent industry provides another example. When it became evident that some
action would be needed to reduce pollution problems caused by the extensive use of
detergents, the Swiss detergent industry worked closely with public officials in
developing easily degradable detergents. In this way Swiss detergent manufacturers
were producing degradafale detergents even before their use was legally required by
the 1972 Law.33
A significant example of industrial efforts to control pollution is pro-
vided by the BWL (Boden-Wasser-Luft/Soil-Water-Air) Group formed by the four large
Basel chemical firms. This Group,jwhose various working groups are "concerned with
. air monitoring, disposal of chemical wastes and the development of guidelines for
the storage of chemicals, among other things, works in cooperation with many organi-
zations and government offices, including the Water Protection Commission of Basel
City, the Joint Air Quality Commission of Basel City and Basel Land, and the Board
of Directors of the Water Purification Installation of both Basel City and Basel
Land. BWL Group members are also involved in the construction of water purifica-
tion installations; in one instance, the BWL Group supervised the construction of
a water purification installation which upon completion became the property of the
canton and was designated for the joint use of industry and neighboring municipal-
ities. The BWL Group also has a member on the Swiss delegation to the European
Communities working group concerned with environmental pollution control.3^
Conflicts between government and industry over present or potential
¥
pollution have, however, occurred. One instance involved the Monteforno Corpora-
tion's plant in Valnoesa, which was releasing intolerable levels of pollutants
during its- production of silicon. When no solution could be reached, the govern-
ment of the Canton of Ticinio, one of the two cantons 'affected, initiated actions
against the corporation in conjunction with federal authorities. Representatives
of the Federal Environmental Protection Office and of the concerned cantons then
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met with Monteforno officials to develop feasible measures of pollution abate-
35
ment.
Another case involved an office furniture factory in Unterentfelden,
which was shut down in May 1974. This case, although somewhat exceptional, has
come to be looked upon as significant, since the basis for the shutdown was the
f
factory's incompatability with the surrounding residential environment.
polluter pays principle
The concept of the causal responsibility for pollution has been gaining
political support in Switzerland. Cantonal laws such as the Geneva 1961 Regula-
tion on Contributions for the Purification and Drainage of Waters set _forth methods
to be used for calculating fees for effluents issuing from domestic premises,
businesses, and public buildings. The federal government has, moreover, drafted
the polluter pays principle into the Environmental Protection Bill, now undergoing
revision. Article 41 of the original 1974 bill had authorized the Confederation
to tax polluters for their use of offending processes and materials.
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Reference Notes
Numbers in brackets following entries are the identification numbers assigned
to documents which have been abstracted for the Foreign Exchange Documents
Program of the E.P.A. Office of International Activities. Copias of documents
are filed under these numbers at the E.P.A. Headquarters Library in Washington,
\J • Vj*
1. These seven departments Are: Foreign Affairs Dept., Dept. of the Interior,
Dept. of Justice and Police, Military Dept., Dept. of Finance and Customs,
Dept. of Public Economics, Dept. of Transportation, Communications and Energy.
2. See discussion on page 7.
3. May 26, 1971 Decree of the Federal Council Creating an Office of the Protection
of the Environment in the Federal Department of the Interior. [ID #00372A]
4. United Nations. Economic Commission for Europe, Organizational Structures
for Environmental Protection and Improvement in ECE Countries, (Geneva
September 2, 1974), pp 1-103. [ID #02368A]
5. Urs Balinger, "Taches et organisation de I1Office federal de la protection j
de 1'environnement," Protection de 1'environnement en Suisse. (Bern, 1974)
p 101. [ID #02349A]
6. J. Stvan, ed. , Environnement suisse 1974: Retrospective et confrontation
(Geneva, 1975), p 125. —— »
7. "Informationen aus Bund und Kantonen," Jahrbuch fllr Umweltschutz 1973:
Fachbuch. fUr alle Bereiche des Umweltschutzes .• (Lucerne 1973) J^TlsS-i
-------
15. ibid., p 79.
16. La protection de I'environnement en Suisse, op. cit_. , p 23; by an amendment
contained in the "May 30, 1973 Decree on Prohibited Toxic Substances,"
provisions concerning leaded gasoline were removed from the "Ordinance on
Food Products" and inserted into the "December 23, 1971 Ordinance on
Prohibited Toxic Substances."
17. Weber, op. cit., p 52.
f
18. Stvan, op. cit., p 27.
19. "Provisional Regulation of Land Use Planning," op. cit., pp 23, 24.
20. Werner Martin and Arthur C. Stern, The Collection, Tabulation, Codification
and Analysis of the World's Air Quality Management Standards, Vol. 1.
The World, (Chapel Hill, N.C., October, 1974), p 68.
21. "February 7, 1972 Guidelines on Emission Limits for Domestic and Industrial
Furnaces," Bundesblatt, No. 15 (1972),. p 1089-94. [ID #01319A]
22. Hans-Ulrich Mliller-Stahel, ed. Schweizerisches Umweltschutzrecht, |
(Zurich, 1973), p 343.
23. "February 7, 1972 Guidelines on Emission Limits for Incinerators,"
Bundesblatt, No. 15 (1972), pp 1096-98. [ID #01317A]
24. "February 7, 1972 Guidelines on Emission Limits for Fireplaces,"
Bundesblatt, No. 15 (1972), p 1099. [ID #01318A]
25. "Intensification of Exhaust and Noise Provisions," Neue Zuercher Zeitung,
January 14, 1975, p 33. [ID #02831A]; Stvan, op_. cit., p 124.
26. Werner and Stern, op. cit., p 158.
27. Weber, op. cit., p 52.
28. "March 20, 1967 Ordinance on General and Domestic Sanitation,"
Qffizielle Sammlung der seit 10. Marz 1931 erlassenen Gesetze, Beschldsse
und Verordnungen des Eidgenc3ssischen Standes Zurich, vol. 42 (1965-1967) ,
pp 666-679. v
29. Stvan, op. cit., p 129.
30. Weber, op. cit., p 52.
31. E- Iselin, "Coordination of Environmental Protection Efforts in Various
Sectors of Industry," Jahrbuch flir Umweltschutz 1973: Fachbuch fttr alle
Bereiche des Dmweltschutzes, (Lucerne, 1973), pp 88-89. [ID 7/02389A]
32. Stvan, op. cit., p 174.
33. Iselin, op. cit., pp 89-90.
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34. ibid.. pp 90-91.
35. Stvan, op. cit., p 173.
36. ibid.
37. Switzerland. Departement federal de 1'interieur. Report on the Work of
the Commission and on the Federal Preliminary Draft Law for the Protection
of the Environment. (Bern. 1973). pp 1-113. FID #Q26qQA]~
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APPENDIX
ENVIRONMENTAL LAWS AND REGULATIONS INCLUDED IN, OR
RELEVANT TO, THIS REPORT
GENERAL
May 26, 1971 Federal Decree Creating an Office for the Protection of the
Environment • 00372A
AIR
December 19, 1958 Federal Law on Highway Traffic ....... 01361A
March 13, 1964 Federal Labor Law 01362A
August 27, 1969 Decree on the Construction and Equipment of Road
Vehicles --J- . . . 01361B
December 10, 1970 Swiss Civil Code [pertinent articles no. 684 & 679], . . 01363A
February 7, 1972 Guidelines on Emission Limits for Incinerators 01317A
February 7, 1972 Guidelines on Emission Limits for Fireplaces 01318A
February 7, 1972 Guidelines on Emission Limits for Domestic and
Industrial Furnaces 01319A
March 21, 1973 Federal Decree for the Implementation of the Agreement
on Motor Vehicle Equipment and Parts 03367A
July 11, 1974 Amendments 01 to Regulations No. 15 on Vehicle Approval . . 03367B
LAND USE
March 17,-1972 Federal Decree Instituting Emergency Measures Pertaining
to Land Use Planning .' . 04225A
March 29, 1972 Ordinance -Implementing the Federal Decree Instituting
Emergency Measures Pertaining to Land Use Planning, As Amended .... 04225B
October 8, 1976 Federal Decree Extending for a Limited Time Period the
Validity of Measures Pertaining to Land Use Planning 04225C
NOISE
December 21, 1948 Federal Air Navigation Law 01364A
December 10, 1970 Swiss Civil Coda [Pertinent Articles No. 684 & 679]. . . OL363A
July 16, 1971 Federal Ordinance on the Control of Aircraft Noise at the
Source 01364C
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December 17, 1971 Federal Law Amending the Air Navigation Law 01364E
November 23, 1973 Federal Decree on Noise Zones of Airports Operated by
RADIATION
Virtue of a License 03366A
December 23, 1959 Federal Law on the Peaceful Uses of Atomic Energy and
on Radiation Protection 01316A
June 30, 1976 Ordinance on Radiation Protection 03857A
SOLID WASTE
Guidelines Regarding General Requirements for Location, Establishment,
Operation and Monitoring of Controlled Dumps [March 1976] . 03691A
TOXIC SUBSTANCES AND PESTICIDES
October 30, 1951 Federal Law on Agriculture
February 4, 1955 Ordinance on Trade in Auxiliary Agricultural Products . r~03396A
March 21, 1969 Federal Law on Trade in Toxic Substances . . | 01321A
December 23, 1971 Decree on Prohibited Toxic Substances . .( 01321B
December 23, 1971 Decree Implementing the Federal Law on Trade in
Toxic Substances . J , 01321C
May 30, 1973 Decree on Prohibited Toxic Substances 01321G
WATER
October 8, 1971 Federal Law on the Protection of Water Against Pollution . 00362A
June 19, 1972-General Ordinance on Water Protection 00362C
June 19, 1972 Ordinance on the Protection of Waters From Pollution by
Water-Endangering Liquids ;. 00362B
r,
June 19, 1972 Ordinance on the Degradability of Washing and Cleansing
Products 00362D
November 8, 1972 Ordinance on Applications for Funding in the Area of
Water Protection 00362F
November 6, 1974 Amendment to the General Ordinance on Water Protection . . 00362J
December 8, 1975 Ordinance on the Discharge of Wastewaters 00362L
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