Annex 7

(Art. 29 and 31)

Planning the Protection of Waters

1 Description of water protection areas at particular risk and determination of groundwater protection zones and areas

11 Particularly endangered water protection areas

111 Water protection area Au

¹The water protection area Aucomprises the exploitable underground waters as well as the marginal areas necessary for their protection.

²An underground body of water is exploitable or suitable for procurement of water if the water in its natural or enriched state:

1. is available in sufficient quantity to be exploitable, demand not being taken into account; and
2. complies with the requirements of the foodstuff legislation for drinking water, if necessary after basic treatment.

112 Water protection area Ao

The water protection area Aocomprises the surface waters and their riparian zone, as far as these are required for guaranteeing special use.

113 Area of contribution Zu

The area of contribution Zucomprises the region from which, at low water level, about 90 per cent of the groundwater originates that may be at most withdrawn at the groundwater well. If this area can be determined only with disproportionate expense, the area of contribution Zucomprises the entire catchment area of the groundwater well.

114 Area of contribution Zo

The area of contribution Zocomprises the catchment area from which the major part of the pollution of the surface waters originates.

12 Groundwater protection zones

121 General

¹Groundwater protection zones consist of Zones S1 and S2 and:

1. in the case of unconsolidated sediment and weakly heterogeneous karst and fissured-rock aquifers: Zone S3;
2. in the case of strongly heterogeneous karst and fissured-rock aquifers: Zones Shand Sm; Zone Smmust not be designated in the case of karst and fissured rock groundwater if designation as an area of contribution Zucan ensure equivalent protection.

²In the case of extraction wells, the dimensioning of groundwater protection zones is determined by the maximum quantity that could be extracted.

122 Zone S1

¹Zone S1 is intended to prevent damage to and pollution of groundwater wells and rechargeinstallations as well as their immediate surroundings.

²In the case of strongly heterogeneous karst and fissured-rock aquifers, it should also prevent the pollution of the immediate environment of geological structures where concentrated surface water enters the subsoil (sinkholes) and where there is a risk to sources of drinking water.

³It comprises the groundwater well or recharge installation and the immediate surroundings of the installations. In the case of karst or fissured rock groundwater, it also comprises the immediate environment of sinkholes where there is a risk to sources of drinking water.

123 Zone S2

¹Zone S2 is intended to prevent:

1. the groundwater being polluted by excavations and underground works near to groundwater wells or recharge installations; and
2. the groundwater well inflow being obstructed by underground installations.

²In the case of unconsolidated sediment and weakly heterogeneous karst and fissured-rock aquifers, it should also prevent pathogens and substances that may pollute water from entering the groundwater well in such quantities that there is a risk to sources of drinking water.

³They shall be separated around groundwater wells or recharge installations and shall be dimensioned in such a way that:

1. the distance from Zone S1 to the outer border of Zone S2 shall amount to at least 100 m in the upstream direction; it may be less if hydrogeological investigations prove that the groundwater well or recharge installation are equally well protected by intact and relatively impermeable cover layers; and
2. in the case of unconsolidated sediment and weakly heterogeneous karst and fissured-rock aquifers the flow duration of the groundwater from the outer border of Zone S2 to the groundwater well or the recharge installation will be at least ten days.

124 Zone S3

¹Zone S3 is intended to guarantee that in the case of imminent dangers (e.g. accidents with substances which may pollute water) enough space and time is available for the necessary measures.

²The distance from the outer border of Zone S2 to the outer border of Zone S3 is as a rule at least as great as the distance from zone 1 to the outer border of Zone S2.

125 Zones Sh and Sm

¹Zones Shand Smare intended to prevent:

1. groundwater from being polluted by the construction and operation of installations and output of substances; and
2. the hydrodynamics of the groundwater being adversely affected by building activities.

²Zone Shincludes areas of high vulnerability in the catchment area of a groundwater well.

³Zone Smincludes areas of at least moderate vulnerability in the catchment area of a groundwater well.

⁴The vulnerability is determined on the basis of the properties of the covering (soil and protective layer) and of the karst or fissured rock system and the infiltration conditions.

13 Groundwater protection area

Groundwater protection areas are demarcated in such a way as to enable the locations of the groundwater wells and recharge installations to be determined appropriately and to demarcate the groundwater protection zones accordingly.

2 Measures for the protection of waters

21 Protection of areas particularly at risk

211 Water protection areas Au and Ao

¹In the water protection areas Auand A_o,no installations may be constructed that constitute a special risk to a body of water; in particular, the construction of storage tanks with more than 250 000 l usable volume and containing liquids that may pollute waters already in small quantities is not permitted. The authority may permit exceptions for good cause.

²In water protection area A_u,,no installations may be constructed which lie below the average groundwater level. The authorities may grant exemptions where the flow-through capacity of the groundwater is reduced by a maximum of 10 per cent when compared with its state when uninfluenced by the plant in question.

³For the excavation of gravel, sand and other material in water protection area Au:

1. a protective layer of material must be left that is at least 2 m above the highest maximum ten-year groundwater level; in the case of a recharge installation, the actual level of the water table applies if it is higher than the maximum ten-year high;
2. the excavation area shall be limited in such a way that natural groundwater recharge is guaranteed;
3. after excavation, the soil shall be restored so that it offers the same protection as in its original state.

212 Areas of contribution Zu and Zo

If, due to soil use, waters are polluted in the areas of contribution Zuand Zoby runoff and leaching of substances such as plant protection products or fertilisers, the cantons shall specify the measures required for waters protection. For example:

1. restrictions of use for plant protection products and fertilisers specified by the cantons in accordance with Annexes 2.5 number 1.1 paragraph 4 and 2.6 number 3.3.1 paragraph 3 of the Chemicals Risk Reduction Ordinance of 18 May 2005¹(ORRChem);
2. limiting the areas for production of large crops and vegetables;
3. limiting crop selection and rotation as well as farming techniques;
4. refraining from ploughing grasslands in autumn;
5. refraining from converting pasture into arable land;
6. maintaining permanent plant cover on the soil in all circumstances;
7. only using mechanical aids, techniques, equipment and cultural methods that are particularly adapted.

22 Groundwater protection zones

221 Zone S3

¹In Zone S3, the following are not permitted:

1. industrial and commercial plants that place groundwater at risk;
2. constructions that decrease the storage volume or the flow capacity of the aquifer; the authority may permit exceptions for good cause if a risk to drinking water sources can be excluded;
3. infiltration of wastewater, except for infiltration of non-polluted wastewater from roof tops (Art. 3 para. 3 letter a) through a biologically active soil;
4. substantial reductions in the protective covering (soil and protective layer);
5. pipelines which are subject to the Pipelines Act of 4 October 1963²; gas pipelines are exempt;
6. circuits that remove heat from or add heat to the subsoil;
7. underground storage tanks and pipes containing liquids which may pollute water;
8. storage tanks containing liquids which may pollute water with more than 450 l of usable volume in each protective structure; exempted therefrom are free-standing storage tanks with heating oil or diesel that supply energy to buildings or facilities for no more than two years; the total usable volume may amount to a maximum of 30 m³for each protective structure;
9. operating plants containing liquids which may pollute water with more than 2000 l of usable volume; exempted therefrom are plants that are permitted in Zone S3 under Article 7 paragraph 2 of the Low Current Installations Ordinance of 30 March 1994³or Article 7 paragraph 2 of the Heavy Current Installations Ordinance of 30 March 1994⁴.

²The application of plant protection substances, wood protection substances, as well as fertilisers and similar products, is governed by Annexes 2.4 numbers 1, 2.5 and 2.6 ORRChem.

221bis Zone Sm

¹The following are not permitted in Zone Sm:

1. industrial and commercial plants that place groundwater at risk;
2. building activities that have detrimental effects on the hydrodynamics of the groundwater;
3. infiltration of wastewater, with the exception of the infiltration of non-polluted wastewater (Art. 3 para. 3) through a biologically active layer of soil and of polluted communal wastewater from small treatment plants in compliance with the requirements of Article 8 paragraph 2, if the cost of discharging the communal wastewater from the protection zone would disproportionate and a risk to drinking water sources can be excluded;
4. substantial reductions in the protective covering (soil and protective layer);
5. pipelines subject to the Pipelines Act of 4 October 1963; exempted therefrom are gas pipelines;
6. circuits that remove heat from or add heat to the subsoil;
7. underground storage tanks and pipes containing liquids which may pollute water;
8. storage tanks containing liquids which may pollute water with more than 450 l of usable volume in each protective structure; exempted therefrom are free-standing storage tanks with heating oil or diesel that supply energy to buildings or facilities for no more than two years; the total usable volume may amount to a maximum of 30 m³for each protective structure;
9. operating plants containing liquids which may pollute water with more than 2000 l of usable volume; exempted therefrom are plants that are permitted in Zone S3 under Article 7 paragraph 2 of the Low Current Installations Ordinance of 30 March 1994 or Article 7 paragraph 2 of the Heavy Current Installations Ordinance of 30 March 1994.

²The application of plant protection substances, wood protection substances, as well as fertilisers and similar products, is governed by Annexes 2.4 numbers 1, 2.5 and 2.6 ORRChem.

221ter Zone Sh

¹In Zone S_h,the requirements of Number 221^bisapply; in addition, the following are not permitted:

1. plants and activities that place groundwater at risk;
2. the infiltration of wastewater, with the exception of the infiltration of non-polluted wastewater (Art. 3 para. 3) through a biologically active layer of soil.

²For the application of wood protection substances, plant protection substances and fertilisers, Annexes 2.4 numbers 1, 2.5 and 2.6 ORRChem apply.

222 Zone S2

¹In Zone S2, requirements in accordance with No 221 apply; in addition subject to paragraphs 2 and 3, the following are not permitted:

1. the construction of installations; the authorities may permit exceptions for good cause, provided there is no risk to the exploitation of drinking water;
2. excavations that cause detrimental change to the protective covering (soil and protective layer);
3. infiltration of wastewater;
4. other activities that place groundwater at risk.

²For the application of wood protection substances, plant protection substances and fertilisers, Annexes 2.4 numbers 1, 2.5 and 2.6 ORRChem apply.

223 Zone S1

In Zone S1, the only construction work and other activities permitted are those connected with the supply of drinking water, except for the cutting of grass which is then left on site.

23 Groundwater protection areas

¹Construction work and other activities carried on in groundwater protection areas must comply with requirements set out in No 222 paragraph 1.

²If the position and the extent of the future outer protection zone (Zone S3) are known, the corresponding areas must comply with the requirements set out in No 221 paragraph 1.

Footnotes

1. SR 814.81 ↩

2. SR 746.1 ↩

3. SR 734.1 ↩

4. SR 734.2 ↩