Facts
Martin Schüder, Hans Grämiger, and Mrs. Eisen, the owners of the properties at Marktgasse 12, 14, and 16 in Winterthur, had a heating oil tank built in the spring of 1962. On August 29, 1962, 11,800 liters of heating oil were filled into the tank, of which only around 1,800 liters were left by the end of October. The property owners then notified the municipal water supply and the city police, as the oil had apparently seeped into the ground.
The cantonal Building Directorate then ordered various measures based on Art. 2 and 12 of the Federal Act on the Protection of Waters against Pollution (GSchG) to determine and remedy the groundwater pollution caused by the leaked heating oil. These included, among other things, the installation of four observation wells by the Lutz company on behalf of the Winterthur water supply.
The three property owners filed an appeal against the decision of the Building Directorate with the Cantonal Government Council of Zurich, which dismissed the appeal and confirmed the contested decision. The tank owners then filed an administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that according to Art. 2 GSchG, the competent authorities must take measures to ensure that groundwater can be used as drinking water. This also includes investigations to determine contamination. Since even small amounts of seeping oil can so deteriorate the groundwater that it no longer meets the drinking water requirements, the authority was obliged to immediately investigate the path taken by the oil in order to prevent groundwater pollution.
According to Art. 12 GSchG, the cantons are authorized to take the necessary measures to protect the waters at the expense of the responsible parties if necessary. The responsible…