Facts
According to the police report, X., a member of the municipal council (executive) of the municipality of Z., is said to have ordered the incineration of bulky waste collected a few days earlier on the premises of M. This order was carried out on April 21, 1993. The High Court Commission of the Canton of Obwalden decided to open criminal proceedings against X. on suspicion of depositing waste on an unauthorized landfill, but rejected the opening of a criminal investigation on suspicion of burning waste in the open air.
The Swiss Federal Prosecutor's Office then filed a federal nullity appeal with the request to set aside the decision of the High Court Commission regarding the non-opening of criminal proceedings for open-air waste incineration and to remand the case to the lower instance for the opening of the corresponding criminal proceedings.
Considerations
The Federal Supreme Court concluded that the incineration of bulky waste on an - authorized or so-called "wild" - landfill fulfills the objective elements of Art. 61 para. 1 lit. a EPA in conjunction with Art. 12 para. 1 lit. c EPA and Art. 26a para. 1 OAPC. Art. 26a para. 1 OAPC constitutes an emission limitation within the meaning of Art. 12 para. 1 EPA and the prohibition of open-air waste incineration is therefore punishable.
Only in…