Facts
The Office for Water Protection and Hydraulic Engineering of the Canton of Zurich granted Amstutz Altöl AG a permit to accept, treat, and forward certain special waste. The company was obligated to provide a cash deposit or equivalent security in the amount of 1 million Swiss francs to cover any potential costs incurred by the Canton of Zurich in connection with any substitute performance.
Amstutz Altöl AG appealed against this obligation to provide a security deposit. The Cantonal Government of Zurich partially upheld the appeal and referred the matter back to the Office for Water Protection and Hydraulic Engineering to reassess the amount of the security deposit. Amstutz Altöl AG then filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that neither the Environmental Protection Act nor the Ordinance on the Movement of Special Waste contained an explicit legal basis for the security deposit. However, this requirement was compatible with federal environmental protection law, as the cantons are authorized under Article 65, Paragraph 1 of the Environmental Protection Act to enact their own regulations within the framework of the law, as long as the Federal Council has not expressly exercised its regulatory powers.
The Federal Supreme Court further stated that the provisions on the permit for the acceptance of special waste in the Ordinance on the…