Waste reduction final report -4 - Test Input

Environmental protection in Switzerland is based on the Federal Constitution of the Swiss
Confederation (Bundesverfassung BV, 1999 27 ). In Articles 73 and 74, the Constitution
requires a sustainable handling of the environment (principle of sustainability). Harmful
effects shall be avoided (precautionary principle) and where this is not possible, the causer is
responsible for resulting costs (costs-by-cause principle or polluter pays principle). Based on
these articles the government has issued numerous laws, regulations and guidelines [BV
1999].
Laws
The Swiss parliament issued the Law for Environmental Protection in 1983
(Umweltschutzgesetz USG). The law contains the basic principles of waste management,
without treating construction waste specifically. Article 30 requires that waste should be
avoided or reused as far as possible. As to articles 30a to 30d, the government is allowed to
prohibit or confine waste-causing products, to require suitable recycling from producers or to
prescribe the reuse of waste if this is ecologically and economically reasonable [USG 1983].
For example, there has been discussed the idea of constraining exploitation of gravel in order
to foster the use of secondary construction materials. However, this is not a primary interest
of the gravel sector and additionally, the Federal Constitution guarantees commercial
freedom of action. This example shows that there would be a certain potential to change
something by the politics, but that it is very hard to reconcile the different statements.
Regulations
Numerous regulations relate to the Law for Environmental Protection. The
major regulation in the field of waste management is the Technical Ordinance on Waste
(Technische Verordnung über Abfälle TVA, 1990). Article 9 deals with construction waste; it
requires the separation of the latter on building sites into the following categories:
a. Unpolluted excavated material and soil
b. Waste which can be deposited on a landfill for inert materials without further
treatment
c. Burnable waste as wood, paper, cardboard or plastics
d. Other waste
Excavated material and soil should be as far as possible used for remediation projects
(article 16) provided that it is pollution free according to article 3 paragraph 7. Burnable
waste should be burned in appropriate waste incineration plants if it is not possible to exploit
it further (articles 11 and 16). Authorities can require waste owners to recycle their waste if
this is ecologically reasonable, technically feasible and economically bearable (Article 12).
Article 15 obliges the cantons to write a waste plan describing the canton’s waste
management system and to issue statistics on yearly waste quantities [TVA 1990]. This task
is done well in the field of municipal waste, but there are big gaps in the management of
construction waste. Mainly, this is due to two reasons: Firstly, construction waste is handled
mainly by privatised companies and there are no obligations for declaration of waste on
construction sites or for plants receiving those materials. Secondly, waste flows between
cantons as well as waste types are multiple and difficult to observe. These facts make it
difficult for the authorities to observe the path of construction waste.
The TVA is subject to a revision. Technique has evolved much, shortage of disposal sites is a
problem and the amount of construction waste will rise. Concerning construction
27 Originally, it was established in 1848; a thoroughly revised version became effective in 1999.
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