Questão jurídica principal
Whether Article 45 OTD applied despite the absence of a definitive operating authorization
Decisão extraída
No. Article 45 OTD presupposes a lawful definitive authorization; the plant had only provisional authorization.
Fundamentação extraída
The enterprise had long operated without a definitive permit under cantonal law. Provisional permits issued in 2010 and 2011 did not transform the situation into one covered by Article 45 OTD.