3 July 2024
The results of the vote on 9 June 2024 underline the growing importance of energy and environmental law in Switzerland.
On 31 May 2024, the Federal Council approved important partial revisions and amendments to various ordinances in the field of energy law. Among other things, these amendments aim to promote investment subsidies for biogas plants, strengthen the protection of the electricity supply against cyber threats and adapt Swiss legislation to European Union regulations and the current state of technology.
The legislation concerned includes ordinances on energy promotion, electricity supply, nuclear energy, low-voltage installations, contaminated sites, chemical risk reduction, water protection and forestry. In this news article, particular attention is paid to the amendments to the Contaminated Sites Ordinance.
There are about 38,000 sites in Switzerland that are contaminated with potentially hazardous substances. Of these, about 4,000 sites are in need of remediation. This is the subject of the Contaminated Sites Ordinance. The revision of the Ordinance leads to a tightening of remediation standards: stricter limit values for pollutants are introduced and guidelines for the application of remediation techniques based on the latest scientific findings are established. Extended monitoring requirements ensure comprehensive control, while sustainable remediation methods are provided to minimise the environmental footprint. It also promotes cooperation and communication between authorities, companies and the public. Finally, the text of the Regulation contains clearer definitions and responsibilities, as well as new sanctions, which should increase legal certainty and the effectiveness of the measures.
Of particular note is the adjustment in the area of the disposal of contaminated material: under the previous regulations, for certain remediation projects, large quantities of contaminated material had to be transported to disposal facilities, treated there and then either transported to other domestic sites or exported abroad. However, this approach is considered inefficient, especially if the material no longer poses an environmental threat after treatment at the original site.
With the new regulations, it is now possible to reintegrate such excavated material at the original remediation site in the case of large-scale remediation projects. The Contaminated Sites Ordinance lays down clear conditions for this reintegration, in particular the necessary approval by the federal government. It is also essential that remediation is more environmentally beneficial than disposal. This is to ensure that remediation minimises negative environmental impacts while increasing the sustainability of the remediation process.
Strict criteria must be met to ensure that no further remediation is required. Once the site has been rehabilitated, long-term monitoring is carried out to check the success of the measures. The purpose of this monitoring is to ensure that the environment continues to be protected and that no new risks arise.
The amendments to the Contaminated Sites Ordinance will come into force on 1 July 2024. The revisions will make it possible to deal with contaminated sites in a more environmentally friendly and efficient manner, which promises both ecological and economic benefits in the long term. The Federal Council is thus sending a clear signal in favour of a sustainable environmental policy and the ongoing adaptation of legislation to modern requirements and technical developments. This is an important step towards meeting the challenges of environmental protection and sustainable resource management.
