Questão jurídica principal
Whether Art. 6(2) GSchG provided a legal basis for ordering removal of the fill or installation of a sealed top layer.
Decisão extraída
Yes. The unsealed use of asphalt and mixed demolition granulate created a concrete risk of groundwater pollution, so the statute authorized the protective measures.
Fundamentação extraída
The court treated the BUWAL guideline as a recognized technical benchmark. Because the fill lacked the required cover layer, rainwater could percolate and leach pollutants into the groundwater; the factual findings supported the general risk prognosis.