Facts
The municipal authority of Derendingen filed a complaint against a decision of the Department of Construction and Justice of the Canton of Solothurn (BJD/SO) regarding soil contamination in the "Elsässli" workers' settlement in Derendingen. The Administrative Court of the Canton of Solothurn dismissed the complaint. Thereupon, the municipal authority of Derendingen filed a public law appeal with the Federal Supreme Court. The tar plates, which came from the roof of the former worsted spinning mill and were used to reinforce paths and squares in the gardens of the workers' settlement, led to an extraordinarily high contamination of the soil with Polycyclic Aromatic Hydrocarbons (PAHs). The BJD/SO subsequently ordered various use prohibitions and restrictions for the affected properties.Considerations
The Federal Supreme Court concluded that the contaminated soils do not constitute a contaminated site within the meaning of the Contaminated Sites Act, but rather a soil contamination within the meaning of the Soil Protection Act. The tar plates were deliberately used as a building material to reinforce paths and squares and were not finally deposited. Therefore, there is no disposal site within the meaning of the Contaminated…