Section III.
Mixed soil contamination


Article 26. [...]

Article 27.

1.

If mixed soil contamination has been observed, the soil remediation expert shall draw up, in all reasonableness, an apportionment of the soil contamination that is as accurate as possible of one part in which the contamination occurred before 29 October 1995 and in one part in which it occurred after 28 October 1995.

The OVAM shall decide upon the apportionment based on the substantiated proposal of the soil remediation expert in his or her soil survey report. All stakeholders can lodge an appeal against the OVAM’s decision with the Government of Flanders in accordance with Articles 153 to 155, inclusive.

2.

If the OVAM is of the opinion, based on the apportionment, that the largest part of the mixed soil contamination occurred before 29 October 1995, or that the part that occurred before 29 October 1995 is equal to the part that occurred after 28 October 1995, then only the provisions applicable to historical soil contamination are applicable to the mixed soil contamination.

If, based on the apportionment, the largest part of the mixed soil contamination occurred after 28 October 1995, then only the provisions applicable to new soil contamination are applicable to the mixed soil contamination.