Question juridique clé
Whether the appellant was a direct causal contributor and liable for part of the intervention costs under Art. 54 LEaux
Solution extraite
The appellant's incorrect installation of the gauge rod created an immediate environmental danger and directly contributed to the overflow; it was liable as a conduct-based polluter.
Motifs extraits
By installing a wrongly positioned gauge rod showing an excessive usable capacity, the appellant made a correct quantity estimate impossible and rendered one of the cumulative safety measures ineffective. Whoever neutralizes one of several required safety measures contributes immediately to the damage.