Kernrechtsfrage
Whether compensation under Art. 32e USG is excluded because waste was still deposited after 1996 during recultivation
Extrahierter Entscheid
No. The provision does not bar compensation when a new, duly authorised landfill is built and operated on the remediated site as part of the recultivation.
Extrahierte Begründung
The purpose of the rule is to exclude post-1996 unlawful continued disposal on old landfills, not to prevent a lawful new landfill that follows the remediation and is authorised under the new law.