Facts
X. AG operates a large public swimming facility in Pfäffikon/SZ, where the disinfection of the pool water is carried out using chlorine gas. Based on the Environmental Protection Act and the Major Accidents Ordinance, the Office for Fire and Civil Protection of the Canton of Schwyz ordered X. AG to conduct a quantitative risk assessment. The risk assessment submitted subsequently concluded that the risk associated with the storage of liquefied chlorine gas was too high. The Military and Police Department then set a deadline for X. AG to take the necessary measures to reduce the risk.
X. AG filed a complaint against this order, which was dismissed by the Cantonal Government and the Administrative Court of the Canton of Schwyz. X. AG then filed an administrative court appeal against the judgment of the Administrative Court to the Federal Supreme Court.
Considerations
The Federal Supreme Court upheld the appeal and remanded the case to the Administrative Court for re-evaluation. It concluded that the risk reduction measures proposed by X. AG, in particular the construction of a pressure-resistant chlorine room, should be examined in more detail.
The Administrative Court had considered the feasibility and reliability of these measures as not comprehensible. However, the Federal Supreme Court sees this differently,…