section I.
Water bottom examination


Subsection I.
Obligation to conduct an water bottom examination


Article 124.

1.

The Flemish Government indicates the water bottoms on which the manager must conduct a water bottom examination within a certain period on his own initiative and at his own expense.

2.

A water bottom examination can be performed by someone else than the manager of the water bottom.


Subsection II.
Purpose, content and procedure


Article 125.

1.

A water bottom examination has the purpose of establishing if serious soil contamination exists near the water bottom. It aims to provide a description of the nature, quantity, concentration, origin and extent of polluting substances or organisms, the possibility of the dispersion of these substances or organisms, and the danger of exposure to people, plants, animals and groundwater and surface water.

In addition, a water bottom examination can include data concerning the assessment of the danger of the exposure of the soil contamination to people, plants, animals and groundwater and surface water with a potential other use.

2.

A water bottom examination consists of a historical examination and the sampling of the water bottom and soils that can be contaminated as a result of the spreading of the contamination of the water bottom or the surface water.

3.

A water bottom examination is conducted under the supervision of a land remediation expert in conformity with the standard procedure drawn up by the Flemish Government. In the absence of such a standard procedure, a water bottom examination is conducted according to a code of good practice.

4.

A water bottom examination can be carried out in phase in the cases and in accordance with the conditions determined in the standard procedure mentioned in 3.


Subsection III.
Declaration of conformity of the water bottom examination


Article 126.

1.

Within a period of ninety days of receipt of the report of the water bottom examination, the OVAM makes a decision about the conformity of the examination with the provisions of this section, and issues a conformity certificate or imposes supplementary examination activities.

2.

The Flemish Government establishes more specific regulations concerning the notification and the declaration of conformity of the water bottom examination and the content and the notification of the conformity certificate.


Subsection IV.
Severity of the soil contamination


Article 127. At the time of the declaration of conformity of the water bottom examination, the OVAM assesses if there is a case of serious soil contamination.

Subsection V.
Administrative appeal


Article 128. All parties involved can appeal against the decisions of the OVAM mentioned in articles 126 and 127 to the Flemish Government in accordance with the provisions of article 153 up to and including 155.

Subsection VI.
Ex-officio water bottom examination


Article 129. Without prejudice to the competence of the environmental inspectors in compliance with other laws or decrees, the Flemish Government can require the OVAM to ex-officio conduct a water bottom examination.