Facts
The present decision of the Swiss Federal Tribunal concerns the financing of urban waste disposal by the municipality of Romanel-sur-Lausanne. The Federal Act on the Protection of the Environment (EPA) provides that the costs of urban waste disposal must be borne by those who are the source of such waste, in accordance with the polluter-pays principle.
The municipal regulations of Romanel-sur-Lausanne provided for a mixed financing, with 70% of the costs covered by fees and 30% by taxes. The Federal Tribunal ruled that this provision was not necessarily contrary to federal law, insofar as the exceptions provided for by the law allow for derogation from the principle of causality if its strict application would risk compromising waste disposal in accordance with the principles of environmental protection.
However, the Federal Tribunal considered that Article 12 of the municipal regulations, which provided for a flat-rate fee per household independent of the quantity of waste produced, was contrary to the principle of causality of Article 32a EPA, as it did not have an incentive effect on waste reduction.
Considerations
According to the Federal Tribunal, Article 32a EPA requires that the amount of fees be set according to the type and quantity of waste delivered, in order to provide financial incentives for producers to reduce their waste. A flat-rate fee per household, without a link to the actual quantity of waste, does not meet this condition.
The Federal…