Recovery of the costs of disposing of polluted sewage sludge from responsible companies

Facts

The Syndicate of Municipalities for the Sewage Treatment of the Bas-Vallon de Saint-Imier has charged the companies Emile Hügi and Polissages Gautier SA for the costs of disposing of sewage sludge with too high a heavy metal content, rendering it unsuitable for agricultural use. The companies contested these decisions, invoking the statute of limitations on the claims. The Federal Tribunal upheld the Syndicate's appeal, finding that the costs of disposing of polluted sludge could be recovered on the basis of Art. 8 WPA or Art. 59 EPA, and that the limitation period was five years.

Considerations

The Federal Tribunal first recalled that sewage sludge is considered waste that must be disposed of properly when it has a pollutant content that is too high for agricultural use. When this pollution results from the discharge of industrial or artisanal wastewater that does not comply with standards, the responsible companies may be required to reimburse the costs of sludge disposal.

Regarding the statute of limitations, the Federal Tribunal considered that claims based on Art. 8 WPA or Art. 59 EPA are subject to a five-year limitation period from the time…