Section VI.
Treatment of soil contamination in an accident


Subsection I.
Scope


Article 74. Translation not available

Subsection II.
Competent authority


Article 75.

1.

The competent authority in the context of this section is the OVAM, if the accident occurred on:

1 land that is owned by or under the management of a municipality, autonomous municipal company, or intermunicipal partnership;
2 land on which an installation or activity is established that is categorised as first class pursuant to Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy;
3 land for which a descriptive soil survey or soil remediation works has/have been carried out.

2.

In all other cases the competent authority is the burgomaster of the municipality where the damage takes place.


Subsection III.
Procedure


Article 76.

1.

If on a piece of land a case of damage takes place, the operator, user or owner of the land reports this immediately to the competent authority. In this report the operator, user or owner indicates which measures he may have already taken in order to implement his duty of care.

2.

The competent authority can ascertain an accident, issue a decision on the approach to take with regard to the accident, and set the measures for treating the soil contamination during an accident. The competent authority shall issue its decision within thirty days after being notified by the person, stated in Article 80, insofar as these are known to the competent authority.

If an accident has been ascertained in accordance with the first paragraph, then the provisions of Article 9, 2 and 4 are not applicable.

The measures for treatment of the soil contamination are carried out no more than one hundred and eighty days after notification of the decision stated in the first paragraph.


Article 77.

If the measures, stated in Article 76, 2, 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 decision of the competent authority, stated in Article 76, 2, serves as the instrument of notification or environmental licence.


Article 78. After the implementation of the measures mentioned in article 76, 2, under the supervision of a soil remediation expert an evaluation is report drawn up in which the results of these measures are included. The evaluation report is sent to the competent authority and the OVAM.

Article 79.

1.

If the OVAM is of the opinion, based on the results recorded in the evaluation report, that there is still contaminated soil after the measures, stated in Article 76, 2, have been carried out and that there are clear indications that the soil contamination exceeds the soil remediation standards or threatens to exceed these, then the OVAM can order the person, stated in Article 11, to carry out a descriptive soil survey.

2.

If based on the results included in the evaluation report the OVAM is of the opinion that there are no clear indications that the soil contamination exceeds or threatens to exceed the land remediation standards, the OVAM submits to the persons mentioned in article 80 and the competent authority a declaration in which the results of the measures carried out are established.


Subsection IV.
Designation of the liable party


Article 80.

The obligation to immediately carry out the measures to treat the soil contamination in an accident, under the supervision of a soil remediation expert, is applicable to the following person:

1 the operator, stated in Title V of the Decree of 5 April 1995 containing general provisions regarding environmental policy, if there is an installation or activity located on the land where the soil contamination has occurred that is subject to the notification or licensing obligation;
2 if there is no operator: the user of the land where the soil contamination has occurred;
3 if there is no operator and user: the owner of the land where the soil contamination has occurred;


Article 81. If the duty-bound party mentioned in article 80 does not act or acts insufficiently, the competent authority orders the person to fulfil his obligations within a specified period of time. If within the time specified the order is not or insufficiently acted upon, the competent authority can in his place ex-officio have the measures mentioned in article 76, 2, implemented, and recover their costs from the duty-bound party in default and the person responsible in accordance with article 16.

Article 82. Whoever in accordance with the provisions of this section incurs costs can recover them from the person who in accordance with article 16 is responsible, and can require an advance payment from the person or requirethat he provides financial security.