Chapter V.
Soil remediation


Section I.
Soil remediation project


Subsection I.
Objective, procedure, and contents of the soil remediation project


Article 47. Translation not available

Article 47bis.

§ 1.

If the soil remediation project is comprised of activities for which, in application of Article 4.3.2, §2bis or §3bis of the Decree of 5 April 1995 containing general provisions regarding environmental policy, a project-environmental impact assessment-screening note must be drawn up, then, in deviation from Article 4.3.3, §2 of the abovementioned decree, the provisions stipulated in and pursuant to this decree shall apply.

 

§ 2.

In the case, stated in paragraph 1, a project-environmental impact assessment-screening note is included in which the abovementioned activities, stated in paragraph 1, are indicated or if there is an anticipated impact, whether this is significant or not, on people and the environment. The contents of the project-environmental impact assessment-screening note will be organised further in the standard procedure for the soil remediation project.

 

§ 3.

The OVAM shall make a decision, based on the project-environmental impact assessment-screening note, on whether a project-environmental impact assessment (EIA) must be set up. The OVAM shall make this decision at the time of and as a part of the decision on the admissibility and completeness of the soil remediation project. The decision on whether or not a project-EIA must be set up shall be available to the public.

A project-EIA does not have to be set up in the following cases:

 

the OVAM is of the opinion that testing against the criteria stated in Appendix II of the Decree of 5 April 1995 containing general provisions regarding environmental policy shows that the proposed project will not have any significant impact on the environment and a project-EIA would not reasonably contain any new or additional data on significant environmental impact;
a plan-EIA has already been approved concerning a plan or programme in which a project with comparable impact has been assessed or a project-EIA has been approved for a project in which the proposed initiative is merely a repeat, continuation, or alternative, and the OVAM is of the opinion that a new project-EIA would not reasonably contain any new or additional data on significant environmental impact.

      

The decision that a project-EIA must be drawn up immediately results in the incompleteness of the soil remediation project.


Article 47ter.

§ 1.

If the soil remediation project is comprised of activities for which, in application of the Decree of 5 April 1995 containing general provisions regarding environmental policy or based on the OVAM’s decision, stated in Article 47bis, §3, a project-EIA must be set up, then, in deviation from Article in deviation from Article 4.3.4, §1 to §4, inclusive, and Articles 4.3.5 to 4.3.9, inclusive, of the Decree of 5 April 1995 containing general provisions regarding environmental policy, the provisions stipulated in and pursuant to this decree, and Articles 4.3.3 and 4.3.4, §5 of the Decree of 5 April 1995 containing general provisions regarding environmental policy, shall apply, with the understanding that “initiator” shall be understood as “the person who initiates the soil remediation”.

 

§ 2.

In this case, stated in paragraph 1, the person who initiates the soil remediation can request that the OVAM issue a recommendation, before the initiator commits to the soil remediation project, on the contents of the data that the soil remediation project must contain as a result of this. In this regard, the OVAM shall consult the person who initiates the soil remediation and the bodies that the Government of Flanders has appointed before issuing its recommendation. The fact that the OVAM issues a recommendation does not mean that it cannot request more information at a later date.

 

In any case, the information shall be included in the soil remediation project, stated in Article 4.3.7 of the Decree of 5 April 1995 containing general provisions regarding environmental policy.


Article 48. The Flemish Government establishes more specific regulations concerning the content, the notification and the admissibility and completeness of the soil remediation project.

Subsection II.
Public enquiry and provision of advice


Article 49. The Flemish Government establishes more specific regulations concerning the procedure for a public enquiry and the provision of advice with respect to the soil remediation project.

Subsection III.
Declaration of conformity for the soil remediation project


Article 50.

§ 1.

After the completion of the public enquiry and receipt of the advice mentioned in article 49, and within ninety days of receipt of the admissible and complete soil remediation project, the OVAM makes a decision on the conformity of the soil remediation project with the provisions of this decree. The OVAM imposes supplements or changes to the soil remediation project or issues a conformity certificate.

 

§ 1bis.

If the soil remediation project is comprised of activities for which a project-EIA is required, the OVAM shall take the data, stated in Article 47ter, §2, as well as the information that was gained from the public review and the recommendation, into consideration.

 

§ 2.

[...]


Article 51.

The Government of Flanders shall specify more detailed rules on the declaration of conformity for the soil remediation project and the imposing of additions or modifications to the soil remediation project and on the notification of these decisions.


Subsection IV.
Conditions and period for the conducting of the soil remediation work


Article 52. Translation not available

Article 53. The OVAM can determine the period within which the soil remediation work must be commenced.

Subsection V.
Certificate of conformity as instrument of notification or environmental licence


Article 54.

If the soil remediation works are comprised of processes, installations, or activities that are subject to the notification or licensing obligations pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy or pursuant to Title IV, Chapter II of the Flemish Spatial Planning Codex, then the certificate of conformity serves as the instrument of notification or environmental licence.


Subsection VI.
Administrative appeal


Article 55. Except in cases for which the appeal procedure is regulated in articles 146 up to and including 152, each party concerned can appeal against the decisions of the OVAM mentioned in articles 50, §1, 52 and 53 to the Flemish Government in accordance with the provisions of articles 153 up to and including 155.

Section II.
Limited soil remediation project


Subsection I.
Area of application


Article 56. If soil contamination can be completed by soil remediation work that will take a maximum of one hundred and eighty days , and has only a limited impact on man and the environment, instead of a soil remediation project a limited soil remediation project can be drawn up, provided that the owners and users of the land on which the necessary soil remediation work will take place for the limited soil remediation project declare in writing to be in agreement with the conducting of the soil remediation work. The limited impact can be further described in the standard procedure stated in Articles 57 and 47, § 2.

Subsection II.
Purpose, procedure and content of the limited soil remediation project


Article 57. The provisions of articles 47 and 48 are accordingly applicable.

Subsection III.
Declaration of conformity for the limited soil remediation project


Article 58.

§ 1.

The OVAM shall issue its decision on the conformity of the limited soil remediation project with the provisions of this decree no later than thirty days after receipt of the admissible and fully limited soil remediation project [...]. The OVAM shall impose additions or modifications to the limited soil remediation project or it shall issue a certificate of conformity.

 

§ 2.

The Government of Flanders shall specify more detailed rules on the declaration of conformity for the limited soil remediation project and the imposing of additions or modifications to the limited soil remediation project and on the notification of these decisions.


Subsection IV.
Conditions and period for the conducting of the soil remediation work


Article 59. The provisions of articles 52 and 53 are accordingly applicable.

Subsection V.
Certificate of conformity as notification, environmental licence


Article 60. Translation not available

Subsection VI.
Administrative appeal


Article 61. Except in cases for which the appeal procedure is regulated in articles 146 up to and including 152, each party concerned can appeal against the decisions of the OVAM mentioned in articles 58, §1, and the decisions of the OVAM taken by virtue of article 59 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Section III.
Soil remediation work


Subsection I.
Procedure


Article 62. Soil remediation work is conducted under the supervision of a land remediation expert in conformity with the conditions and the term mentioned in the conformity certificate and the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the soil remediation work is conducted according to a code of good practice.

Subsection II.
Supplements or changes to the soil remediation project or limited soil remediation project declared in conformity during the soil remediation work


Article 63.

§ 1.

During the execution of the soil remediation works, the principal of the soil remediation project, the limited soil remediation project or the soil remediation works can initiate the execution of a small change or addition to the soil remediation project declared to be in accordance or limited soil remediation project declared to be in accordance with the standard procedure stated in Article 62.

 

The soil remediation expert, under whose leadership the soil remediation works are carried out, reports the small change or addition to the OVAM, which takes note of this. This takes place in accordance with the standard procedure stated in Article 62.

 

The Flemish Government determines in which cases and under which conditions a small change or addition can be carried out.

 

§ 2.

During the execution of the soil remediation works, the principal of the soil remediation project, the limited soil remediation project or the soil remediation works can also submit a proposal to the OVAM for a large change or addition to the soil remediation project declared to be in accordance or limited soil remediation project declared to be in accordance. A proposal for a large change or addition is approved or, if necessary, rejected by the OVAM. The large change or addition is carried out in accordance with the conditions, as stated in the approval decision, and in accordance with the standard procedure stated in Article 62.

 

The Flemish Government determines in which cases and under which conditions a proposal for a large change or addition can be drawn up and submitted to the OVAM. Also, the Flemish Government can determine further regulations concerning the procedure for a large change or addition.

 

§ 3.

If during the carrying out of the soil remediation work within the context of a limited soil remediation project declared in conformity it appears that the soil contamination cannot be completed within the period of one hundred and eighty days mentioned in article 56, the party ordering the soil remediation work can request a once-only extension of the conformity certificate for the limited soil remediation project for a period of one hundred and eighty days. The reasoned request for an extension must, under penalty of inadmissibility, be submitted to the OVAM within thirty days before the end of the period of one hundred and eighty days. The OVAM makes a decision on the extension within thirty days of receipt of the request.


Article 64.

§ 1.

If during the carrying out of the soil remediation work the OVAM based on its own findings or based on a report from the land remediation expert under whose supervision the soil remediation work is taking place is of the opinion that the measures for the treatment of the soil contamination mentioned in the soil remediation project or the limited soil remediation project declared in conformity do not or not sufficiently lead to the results established in the conformity certificate, it can impose the obligation to within a specific period draw up a proposal for a small or large change or supplement to the soil remediation project or limited soil remediation project declared in conformity, and submit this to the OVAM.

 

§ 2.

If appropriate, the OVAM can require the drawing up within a specific period a new soil remediation project or new limited soil remediation project and have this submitted to the OVAM.


Article 65. All parties involved can appeal against the decision of the OVAM mentioned in articles 63 and 64 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Subsection III.
Notification of the soil remediation work and site description


Article 66. The Flemish Government establishes more specific regulations concerning the notification of the carrying out of the soil remediation work and the carrying out of a site description before the commencement of the soil remediation work.

Section IV.
Final assessment investigation and final declaration


Article 67.

§ 1.

The soil remediation work ends after the achieving of the objectives of the land remediation.

 

§ 2.

After the carrying out of the soil remediation work, a final evaluation assessment is conducted in which the results of the soil remediation work are included and in which a proposal of aftercare is drawn up as required.

 

§ 3.

A final evaluation assessment is conducted under the supervision of a land remediation expert in conformity with the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the final evaluation assessment is conducted according to a code of good practice.


Article 68.

If the objectives of the soil remediation have been achieved, the OVAM shall issue, based on the results of the final assessment investigation, a final declaration. The OVAM shall provide the final declaration to the principal of the soil remediation works and those persons stated in Article 11 or 22, if they are known to the OVAM.

 

All stakeholders can lodge an appeal against the OVAM’s decision with the Government of Flanders in accordance with the provisions in Articles 153 to 155, inclusive.