Subsection III.
Party obligated to carry out remediation works


A. Appointment of the party obligated to carry out remediation works.

Article 22. Translation not available

B. Exemption from the decontamination obligation.

Article 23.

1.

The operator is not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the operator, that the operator cumulatively complies with the following conditions:

1 the operator has not directly caused the soil contamination;
2 the soil contamination occurred before the point at which the operator began to develop the land.

If the OVAM is of the opinion, based on the soil file or based on the position, that the operator cumulatively complies with the conditions for exemption for a part of the soil contamination, then the operator is exempt from the remediation obligation for that part of the soil contamination.

The provisions of the first and second paragraphs shall also apply to the user accordingly.

2.

The owner is not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the owner, that the owner cumulatively complies with the following conditions:

1 the operator has not directly caused the soil contamination;
2 the soil contamination occurred before the point at which the operator became the owner of the land;
3

the operator was not aware and could not have been aware of the soil contamination at the point at which the operator became the owner of the land. The Government of Flanders can stipulate which elements must be taken into account in the assessment of whether the owner was not aware or could not have been aware of the soil contamination at the point of acquisition.

The owner, who, although he, she, or it was aware or should have been aware of the soil contamination, acquired the contaminated land before 1 January 1993 is also not obligated to carry out a descriptive soil survey or the soil remediation if the OVAM is of the opinion, based on the soil file or based on the substantiated position of the owner, that the owner did not cause the contamination directly and that, since acquiring the land, the owner has only used it for private purposes.

If the OVAM is of the opinion, based on the soil file or based on the position, that the owner cumulatively complies with the conditions for exemption for a part of the soil contamination, then the owner is exempt from the remediation obligation for that part of the soil contamination.

3.

As a departure from the provisions of 1 and 2, the person mentioned in article 22 is still obliged to carry out the descriptive soil examination or the land remediation if the OVAM demonstrates that a legal predecessor caused the soil contamination, or that the soil contamination originated during the period in which a legal predecessor operated or used the land.

4.

All parties involved can appeal against the decision of the OVAM mentioned in 1 up to and including 3 to the Flemish Government the provisions of article 153 up to and including 155.

5.

The provisions of Article 12, 5 shall also apply accordingly.