Association of Operators of Swiss Waste Recycling Plants VBSA Report on the liability of the landfill operator

The project

Location: Bern
Customer: Association of Operators of Swiss Waste Recycling Plants VBSA
Period: 2019

In practice, it happens time and again that waste suppliers incompletely or incorrectly declare their waste and that waste is thus delivered to landfills although it may not be deposited there. These cases regularly pose the question as to what should be done and who is liable if a waste delivery does not meet the acceptance criteria of the landfill site.

RA lic. iur Lorenz Lehmann investigated these questions as part of a report. He explains, among other things, the consequences of false waste declarations for various case constellations and the option of a corresponding written contract clause.

Our services

  • Legal report consisting of the following parts:
    • Characterisation of the contractual relationship between the landfill operator and waste supplier under civil law
    • Description of the framework of waste-related laws within which the contracting parties operate under public law
    • Exposition of liabilities
    • Formulation of model clauses
    • Presentation as part of the 4th National Landfill Conference on 27 March 2019

 

Challenges

  • Handling of various legal issues at the interface between private and public law in an matter with very few precedents and references
  • Interpretation of complex legal material to make it understandable to a wider audience
  • Comprehensible presentation of the results of the report in a verbal presentation
  • Compilation of the report in time and on budget

Project manager:

Lorenz Lehmann Executive partner, president of the board of directors
lic. iur. Zurich University, solicitor
llehmann@ecosens.ch +41 44 839 47 80 More