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 conditionsand 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.