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:

1 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;
2 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.