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Subsection I.
Qualifications for mixed soil contamination


Article 27bis.

The OVAM can qualify a case of soil contamination as mixed soil contamination. The OVAM describes the mixed soil contamination and states the land or lands on which the mixed soil contamination occurred.

 

Subject to provisions that state otherwise in this section, the provisions in Articles 9 to 11, inclusive, Articles 13 to 22, inclusive, and Articles 24 to 27, inclusive, are applicable to the mixed soil contamination.


Subsection II.
Obligation to jointly carry out a descriptive soil survey and soil remediation for the mixed soil contamination Extra Versions


Article 27ter.

The qualification as mixed soil contamination automatically results in the persons who, in application of Articles 9 and 11, are obligated to carry out remediation works or who, in application of Articles 19 and 22, were appointed as being obligated to carry out remediation works, being obligated to jointly carry out a descriptive soil survey or soil remediation for the mixed soil contamination.

 

On the condition that the persons who are obligated to carry out remediation works are in agreement, the OVAM can then proceed to carry out the descriptive soil survey or the soil remediation for the mixed soil contamination. This shall be done at the cost of the persons who are obligated to carry out remediation works in accordance with the distribution formula and stipulated in application of Article 27quater.


Subsection III.
Obligation to (pre-)finance based on the distribution formula


Article 27quater.

In deviation from Article 13, first paragraph, and Article 24, the (pre-)financing for carrying out the descriptive soil survey and the soil remediation by the persons obligated to carry out remediation works, stated in Article 27ter, is to be done according to a distribution formula, which is based on all the reasonably available data, specified by the OVAM. The Government of Flanders shall specify further rules governing the specification of the distribution formula.


Subsection IV.
Administrative appeal


Article 27quinquies. All stakeholders can lodge an appeal against the OVAM’s decisions, stated in Articles 27bis and 27quater, with the Government of Flanders in accordance with Articles 153 to 155, inclusive.