§22-22-11. Licensed Remediation Specialist, Licensure Procedures
(a) No person may practice as a licensed remediation specialist without a license issued by the director. Any violation of this provision shall be subject to the enforcement orders as set forth in section twelve of this article. (b) To obtain a license, a person must apply to the director in writing on forms approved […]
§22-22-12. Enforcement Orders for Licensed Remediation Specialists; Cease and Desist Order; Criminal Penalties
(a) If the director, upon inspection, investigation or through other means observes, discovers or learns that a licensed remediation specialist has violated the provisions of this article or any rules promulgated hereunder, the director may: (1) Issue an order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a […]
§22-22-13. Certificate of Completion
(a) The licensed remediation specialist shall issue a final report to the person undertaking the voluntary remediation when the property meets the applicable standards and all work has been completed as contemplated in the voluntary remediation agreement or the site assessment shows that all applicable standards are being met. Upon receipt of the final report, […]
§22-22-14. Land-Use Covenant; Criminal Penalties
(a) The director shall establish by rule, criteria for deed recordation of land-use covenants and containing all necessary deed restrictions. The director shall cause all land-use covenants to appear in the chain of title by deed to be properly recorded in the office of the county clerk where the remediation site is located. If institutional […]
§22-22-15. Reopeners
Any person who completes remediation in compliance with this article shall not be required to undertake additional remediation actions for contaminants subject to the remediation, unless the director demonstrates that: (a) Fraud was committed in demonstrating attainment of a standard at the site that resulted in avoiding the need for further remediation of the site; […]
§22-22-1. Legislative Findings; Legislative Statement of Purpose
(a) The Legislature finds there is property in West Virginia that is not being put to its highest productive use because it is contaminated or it is perceived to be contaminated as a result of past activity on the property. (b) The Legislature further finds that abandonment or under use of contaminated or potentially contaminated […]
§22-22-2. Definitions
As used in this article, unless otherwise provided or indicated by the context: (a) "Applicable standards", mean the remediation levels established in or pursuant to section three of this article; (b) "Brownfield" means any industrial or commercial property which is abandoned or not being actively used by the owner as of the effective date of […]
§22-22-3. Rule-Making Authority of the Director
Within one year after the effective date of this section, the director, in accordance with chapter twenty-nine-a of this code, shall propose, and subsequently may amend, suspend or rescind, rules that do the following: (a) Establish an administrative program for both brownfield revitalization and voluntary remediation, including application procedures; (b) Establish procedures for the licensure […]
§22-22-4. Voluntary Remediation Program; Eligibility Application and Fee; Information Available to Public; Confidentiality of Trade Secrets; Information; Criminal Penalties; Requirements of Site Assessment; Rejection or Return of Application; Appeal of Rejection
(a) Any site is eligible for participation in the voluntary remediation program, except those sites subject to a federal environmental protection agency unilateral enforcement order, under §104 through §106 of the "Comprehensive Environmental Response, Compensation and Liability Act", 94 Stat. 2779, 42 U.S.C. §9601, as amended, or have been listed or proposed to be listed […]
§22-22-5. Brownfield Application; Remediation Process; Brownfield Remediation; Eligibility; Application; Remediation Loan; and Obtaining Information From Director
(a) For brownfield property, any environmental remediation undertaken pursuant to this article, by a development authority or any person who did not cause or contribute to the contamination on the property shall comply with the appropriate standards established by the director pursuant to this article and rules promulgated hereunder. After conferring with the director, the […]