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.