Facts
The Heer AG and other commercial enterprises in Reinach were obligated by the municipality of Reinach to have their mixed waste disposed of by the disposal company commissioned by the municipality and to pay the fees provided for this purpose as of August 1, 1994. The complainants filed a complaint against this, as they were of the opinion that their waste was commercial waste for which they were responsible for the disposal.Considerations
The Federal Court dismissed the complaint. It concluded that waste from industry and commerce that is comparable in composition to household waste must generally be considered municipal waste, regardless of the quantity. Insofar as this waste is unsorted and thus mixed, it must be disposed of by the cantons in accordance with Art. 31b para. 1 sentence 1 of the Environmental Protection Act, which can claim a disposal monopoly for this purpose. Only to the extent that this waste can be provided in a sorted manner does Art. 12 para. 3 of the…