Commentaries: Art. 32ebis

The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of investigating sites that prove not to be contaminated (Art. 32d para. 5) if the investigations are completed by 31 December 2045.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of investigating polluted sites on which no waste has been deposited since 31 January 2001, provided the need for monitoring and remediation has been assessed by 31 December 2032 and:
1. the person responsible cannot be identified or is insolvent; the foregoing does not apply to the sites referred to in paragraphs 6–8; or
2. a significant proportion of the waste deposited on the site is municipal waste.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of investigating sites polluted by a waste incineration plant and on which no waste has been deposited since 1 September 2007, provided the need for monitoring and remediation has been assessed by 31 December 2032.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of monitoring and remediating polluted sites on which no waste has been deposited since 31 January 2001, provided the monitoring measures and the structural remediation measures have been completed by 31 December 2045 and:
1. the person responsible cannot be identified or is insolvent; the foregoing does not apply to the sites referred to in paragraphs 6 and 7; or
2. a significant proportion of the waste deposited on the site is municipal waste.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of monitoring and remediating sites polluted by a waste incineration plant and on which no waste has been deposited since 1 September 2007, provided the monitoring measures and the structural remediation measures have been completed by 31 December 2045.
The Confederation shall use the income from the charges collected in accordance with Article32e to pay the costs of investigating, monitoring and remediating the following sites at shooting ranges that do not serve a predominantly commercial purpose and are not covered by paragraph 7, provided the measures are completed by 31 December 2045:
1. sites in groundwater protection zones on which no waste has been deposited since 31 December 2012;
2. other sites on which no waste has been disposed since 31 December 2020.
The Confederation shall use the revenue from the charges collected in accordance with Article 32e on sites at shooting ranges for historical shooting and field shooting to cover the costs of suitable protective measures such as bullet traps and the costs of investigation, monitoring and remediation, provided:
1. the measures are completed by 31 December 2045; and
2. the only waste deposited on the site is from historical shooting events or field shooting events that are held no more than once a year and that had already been held regularly at the same location before 31 December 2020.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay for the costs of the investigation and remediation of public children's playgrounds and green spaces completed by 31 December 2060 that are remediated in accordance with Article 32c paragraph 1 letter b, provided there is no entitlement to payment in accordance with paragraphs 1–7.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay for the costs of the remediation of private children's playgrounds and private gardens completed by 31 December 2060 that are remediated in accordance with Article 32c paragraph 1^bis, provided there is no entitlement to payment in accordance with paragraphs 1–7.
The Confederation shall use the income from the charges collected in accordance with Article 32e to cover the costs of investigating sites polluted by extinguishing foams containing perfluoro- and polyfluoroalkyl substances (PFAS) and on which no foams containing PFASs have been deposited from two years after the amendment of 27 September 2024 comes into force, provided:
1. the monitoring and remediation needs are assessed by 31 December 2035; and
2. the fire brigades that caused the pollution are publicly funded or are called in to support or replace such fire brigades.
The Confederation shall use the income from the charges collected in accordance with Article 32e to pay the costs of monitoring and remediating sites polluted by extinguishing foams containing PFAS and on which no foams containing PFASs have been deposited from two years after the amendment of 27 September 2024 comes into force, provided:
1. the monitoring measures and the structural remediation measures are completed by 31 December 2045; and
2. the fire brigades that caused the pollution are publicly funded or are called in to support or replace such fire brigades.
The Confederation shall make flat-rate payments to the competent cantonal authorities from the income from the charges for their work in:
1. assessing the need for the monitoring and remediation of polluted sites requiring investigation in accordance with paragraphs 2 and 4, provided the assessment is completed by 31 December 2032;
2. assessing the remediation measures for the sites in need of remediation in accordance with paragraphs 6 and 7, provided the structural remediation measures are completed by 31 December 2045; and
3. assessing the remediation measures for all other sites in need of remediation, with the exception of those under paragraphs 8 and 9, provided the structural remediation measures are completed by 31 December 2045.

Art. 32ebis

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