(a) For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing the provisions of this article, any owner or operator of an underground storage tank shall, upon request of the director, furnish information relating to such tanks, their associated equipment and contents, conduct reasonable monitoring or testing, permit the director or his or her authorized representative at all reasonable times to have access to, and to copy all records relating to such tanks and permit the director or his or her authorized representative to have access to the underground storage tank for corrective action.
(b) For the purposes of developing or assisting in the development of any rule, conducting any study, taking corrective action or enforcing the provisions of this article, the director or his or her authorized representative may:
(1) Enter at reasonable times any establishment or other place where an underground storage tank is located;
(2) Inspect and obtain samples from any person of any regulated substances contained in such tank;
(3) Conduct monitoring or testing of the tanks, associated equipment, contents or surrounding soils, air, surface, water or groundwater; and
(4) Take corrective action as specified in this article.
Each such inspection shall be commenced and completed with reasonable promptness.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 17. Underground Storage Tank Act
§22-17-2. Declaration of Policy and Purpose
§22-17-5. Powers and Duties of Director; Integration With Other Acts
§22-17-6. Promulgation of Rules and Standards by Director
§22-17-7. Underground Storage Tank Advisory Committee; Purpose
§22-17-8. Notification Requirements
§22-17-9. Registration Requirements; Undertaking Activities Without Registration
§22-17-10. Financial Responsibility
§22-17-11. Performance Standards for New Underground Storage Tanks
§22-17-13. Inspections, Monitoring and Testing
§22-17-14. Corrective Action for Underground Petroleum Storage Tanks
§22-17-15. Administrative Orders; Injunctive Relief; Requests for Reconsideration
§22-17-17. Public Participation
§22-17-18. Appeal to Environmental Quality Board
§22-17-19. Disclosures Required in Deeds and Leases
§22-17-20. Appropriation of Funds; Underground Storage Tank Administrative Fund
§22-17-21. Leaking Underground Storage Tank Response Fund