Section II.
Remediation obligation


Subsection I.
Remediation criterion


Article 130.

1.

Soil remediation is proceeded with if the water bottom examination demonstrates the presence of serious soil contamination.

2.

The Government of Flanders designates those sediments with severe soil contamination, as well as the lands that are contaminated as a result of the spread of the contamination from the sediment or the surface water, where soil remediation must be a priority. The Government of Flanders can base itself on the floodplains management plans, as stated in the Decree of 18 July 2003 relating to integral water policy, for the determination of the priorities.


Subsection II.
Remediation objective


Article 131. The provisions of article 21 are accordingly applicable.

Subsection III.
Designation of the liable party for carrying out and (pre-) financing the soil remediation


Article 132.

1.

The obligation to carry out the soil remediation for the soil contamination, stated in Article 130, 2, lies with the manager of the sediment and the costs for this are to be borne by the same. In deviation from this, the remediation obligation for the contamination of the sediment for which it can be proven on which land it occurred lies with the person stated in Article 22.

2.

The persons stated in 1 can recover the costs for the soil remediation from the persons who, in accordance with Article 25, are liable and they can also claim an advance payment from this party liable for the remediation or demand that this party provides a financial guarantee.

3.

The soil remediation can be carried out by a person other than the persons who are obligated to carry out remediation works stated in 1.


Subsection IV.
Exemption from the decontamination obligation


Article 133. The provisions of article 23 are accordingly applicable.

Subsection V.
Responsibility


Article 134. The provisions of article 25 are accordingly applicable.