Article 10.

1.

With new soil contamination, land remediation has the purpose of achieving the guide values for the soil.

2.

If, due to the properties of the soil contamination or of the contaminated land, it is not possible to achieve the target values for soil quality by using the best available technologies that are not paired with excessively high costs, then the soil remediation shall at least be targeted at achieving soil quality which is better than that specified in the applicable soil remediation standards.

In cases where the land in the context of a provisionally established draft land use plan, land-use implementation plan, or project decision is given a use for which stricter soil remediation standards apply, then the stricter soil remediation standards shall be used as the remediation objective.

3.

If because of the properties of the soil contamination or of the contaminated land it is not possible to achieve the soil quality mentioned in 1 and 2, by using the best available techniques while not entailing excessive costs, the remediation objective mentioned in article 21, 1 applies.

4.

If it is not possible to achieve the soil quality mentioned in 1 up to and including 3, by using the best available techniques while not entailing excessive costs, restrictions on use or purpose are imposed as necessary.

5.

If because of its special nature the soil contamination cannot be checked against the guide values for the soil quality, the remediation objective mentioned in article 21, 1, is used. The provisions of 4 are accordingly applicable.

6.

The selection of the best available techniques entailing no excessive costs takes place independent of the financial resources of the party obliged to remediate the land. The Flemish Government can determine which elements must be taken into account with the evaluation of the best available techniques entailing no excessive costs.