New soil contamination
A. Remediation obligation.
If the OVAM is of the opinion, based on the exploratory soil survey, stated in Article 102, or the Land Information Register, that there are clear indications that high-risk land has been affected by new soil contamination that exceeds the soil remediation standards or threatens to exceed these, then the transfer cannot take place until the transferor or the mandated party, if necessary, has carried out the descriptive soil survey of the soil contamination and submitted the report thereof to the OVAM.
If based on the report of a descriptive soil examination, the report of an exploratory and descriptive soil examination or the land information register the OVAM is of the opinion that the land remediation standards are exceeded, the transfer cannot take place before the transferor or if appropriate the authorised party:
The obligation to carry out further soil decontamination and any after-care must be met in accordance with the provisions of the unilateral agreement described in subsection 1, 2°.
- has drawn up a soil remediation project or a limited soil remediation project and conformity certificate has been granted for this;
- has concluded an obligation with respect to the OVAM to carry out further land remediation and any aftercare;
- has provided financial security to guarantee the execution of the obligation mentioned in 2°. The Flemish Government determines the way in which this financial security is provided.
If because of its special nature the soil contamination cannot be checked against land remediation standards, the provisions of this article are accordingly applicable if serious soil contamination is present.
B. Exemption from the remediation obligation.
Article 105. Translation not available
Article 106. The Flemish Government determines further regulations concerning the processing of the application for exemption from the obligation to carry out the descriptive soil investigation or the soil remediation. The Flemish Government can determine further regulations concerning the documents that, on the penalty of inadmissibility of the application, must be included with the motivated viewpoint, as stated in Article 105, § 1.
Article 107. The Flemish Government can establish more specific regulations concerning the transferability and the expiry of the exemption from the obligations mentioned in article 104.
C. Administrative appeal.
Article 108. All parties involved can appeal against the decisions of the OVAM mentioned in article 104 and 105 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.