Subsection IV.
Remediation financing


A. (Pre)financing.

Article 13.

1.

The party obliged to remediate the land mentioned in article 11 carries out the descriptive soil examination or the soil remediationat his own expense.

2.

The party obliged to remediate the land can recover the costs of the descriptive soil examination or the land remediation from the person who in accordance with article 16 is responsible, and can require from this party responsible for the remediation an advance payment or require that he pays a financial deposit.


B. Capacity to pay arrangements.

Article 14.

1.

A party obliged to remediate the land mentioned in article 11, who has insufficient capacity to (pre)finance the land remediation, can submit a reasoned request to the Flemish Government for the allocation of a capacity to pay arrangement. A capacity to pay arrangement has the purpose of spreading the financing of the remediation. The Flemish Government decides on the granting of a capacity to pay arrangement within a period of ninety days of receipt of an admissible request.

2.

The Flemish Government establishes more specific regulations concerning the procedure for such application and the conditions for the allocation of a capacity to pay arrangement.


C. Co-financing.

Article 15.

1.

The Flemish Government can determine in which cases the person proceeding with a descriptive soil examination or land remediation can claim co-financing. In this case it also makes more specific regulations concerning the procedure for and the conditions of cofinancing, and the percentage share of co-financing in the total cost of the descriptive soil examination or land remediation. The Flemish Government can also determine the maximum co-financing in nominal amounts.

2.

The co-financing is granted within the bounds of the credit provided to this end in the budget of the Flemish Region.