Chapter XIII.
Using excavated soil


Section I.
Area of application


Article 136. The provisions of this chapter regulate the use of excavated soil. The provisions of this chapter also apply to cleaned excavated soil and excavated soil to which physical separation has been applied.

Article 137. The provisions of this chapter are not applicable to the use of primary surface minerals as mentioned in the decree of 4 April 2003 concerning surface minerals, to minerals reclaimed in gravel extraction areas according to the decree of 14 July 1993 to establish the 'Grindfonds' and for the regulation of gravel mining, and to imported mineral minerals reclaimed as geological deposits in their natural state.

Section II.
General provisions


Article 138.

1.

In order to control the spread of soil contamination and to promote the sustainable use of excavated soil, the Government of Flanders shall specify more detailed rules on the conditions for using excavated soil, the procedure for tracing excavated soil, and the tasks that a soil management organisation, intermediate storage site, and soil treatment centre, as stated in Article 139, fulfil in this regard.

2.

The Flemish Government can make the use of excavated soil dependent on the drawing up of a technical report. The Flemish Government establishes more specific regulations with respect to the content of the technical report.

A technical report is drawn up under the supervision of a land remediation expert in conformity with the standard procedure drawn up by the Flemish Government on the proposal of the OVAM. In the absence of such a standard procedure, the technical report is drawn up according to a code of good practice.


Section III.
Accreditation as soil management organisation, intermediate storage location or soil decontamination centre


Article 139.

1.

The Flemish Government is competent to accredit a legal entity as soil management organisation, intermediate storage location or soil decontamination centre for the conducting of the tasks drawn up by the Flemish Government in compliance with the provisions of article 138, 1.

2.

The Flemish Government determines the conditions and the accreditation procedure, suspension and withdrawalof accreditation as soil management organisation, intermediate storage location or soil decontamination centre, as well as the conditions for use of the accreditation.

3.

The Flemish Government can determine in which cases the OVAM can assume the tasks of an accredited soil management organisation. The Flemish Government can also establish more specific regulations concerning the procedure and the conditions for the assumption of the tasks by the OVAM.