(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 specified time. An order under this section includes, but is not limited to, orders suspending or revoking licenses, orders requiring a person to take remedial action or cease and desist orders; or
(2) Request the prosecuting attorney of the county in which the alleged violation occurred bring a criminal action as provided for herein.
(b) Any person issued an order may file a request for reconsideration with the director within seven days of the receipt of the order. The director shall conduct a hearing on the merits of the order within ten days of the filing of the request for reconsideration. The filing of a notice of request for reconsideration does not stay or suspend the execution or enforcement of the order.
(c) Any licensed remediation specialist who fraudulently misrepresents that work has been completed and such action results in an unjustified and inexcusable disregard for the safety of others, thereby placing another in imminent danger or contributing to ongoing harm to the environment, he or she shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or imprisoned not less than one nor more than two years, or both such fine and imprisonment.
(d) If any person associated with remediation of a brownfield or voluntary remediation site engages in fraudulent acts or representations to the division, he or she shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $50,000 or imprisoned not less than one nor more than two years, or both.
Structure West Virginia Code
Chapter 22. Environmental Resources
Article 22. Voluntary Remediation and Redevelopment Act
§22-22-1. Legislative Findings; Legislative Statement of Purpose
§22-22-3. Rule-Making Authority of the Director
§22-22-8. Voluntary Remediation Work Plans and Reports
§22-22-9. Termination of Agreement; Cost of Recovery; Legal Actions
§22-22-10. Inspections; Right of Entry; Sampling; Reports and Analyses
§22-22-11. Licensed Remediation Specialist, Licensure Procedures
§22-22-13. Certificate of Completion
§22-22-14. Land-Use Covenant; Criminal Penalties
§22-22-16. Duty of Assessor and Citizens to Notify Director When Change of Property Use Occurs
§22-22-17. Public Notification for Brownfields
§22-22-18. Environmental Liability Protection
§22-22-19. Establishing and Limiting the Responsibilities of Remediation Contractors