Facts
The case concerns a water pollution case involving owners of installations for the storage of liquids. The facts are as follows:
- The owners were convicted of violating the provisions of the law on the protection of waters against pollution (EPA) and the technical regulations applicable to the storage of liquids (PEL).
- They were the subject of a decision by the Appellationsgericht of the Canton of Basel-Stadt, which was contested before the Federal Court.
- The owners argued that the decision was time-barred, as the period of limitation of the criminal action had expired.
- They also contested the validity of Article 63 para. 4 of the PEL, which requires owners of installations for the storage of liquids to carry out regular revisions of their installations.
Considerations
The Federal Court rejected the owners' arguments and confirmed the decision of the Appellationsgericht. It considered that the decision was not time-barred, as the period of limitation of the criminal action had not expired.
The Federal Court also considered that Article 63 para. 4 of the PEL was still in force, despite the entry into force of the EPA. It estimated that regular revisions of installations for the storage of liquids were necessary to prevent water pollution.
The Federal Court further considered that the owners had failed to fulfill their obligation to regularly inspect their…