The OVAM can designate a site based on soil contamination or potential soil contamination. The designation will be published in an extract in the Belgian Official Gazette.
The Government of Flanders can designate a site based on factors other than soil contamination or potential soil contamination, after recommendations from the OVAM on the soil contamination or potential soil contamination. Upon designation, a potential future use can be added, which will be published in an extract in the Belgian Official Gazette.
In this designation, stated in the first paragraph, the Government of Flanders can deviate from the rules, stipulated pursuant to Article 138. In that case, the Government of Flanders can determine that Article 141 is not applicable to the site.
The designation as a site immediately results in the OVAM carrying out a site survey.
Without prejudice to application of the first paragraph, a person other than the OVAM can decide to carry out the site survey voluntarily.
The site survey shall be carried out within the period that is stipulated in the site decision.
The provisions of Articles 9 to 27quinquies, inclusive, Articles 47 to 68, inclusive, and Article 92 are accordingly applicable to the soil remediation at site level.
The application of this chapter does not have a suspensory effect upon the application of the provisions of this decree on land that is a part of a site, except in the case where the decision of the OVAM expressly states otherwise. In that case, the OVAM guarantees optimum coordination.
The OVAM can grant an exemption to the investigation duty, state in Articles 29, 30, and 102, §1, for the transfer of high-risk land that is a part of a site.