West Virginia Code
Article 22. Voluntary Remediation and Redevelopment Act
§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 person may apply to the director for a site assessment loan under section six of this article. A site assessment must be conducted to establish existing contamination of the site. An application for brownfield remediation must be submitted along with the application fee. The procedures established for voluntary remediation set forth in section four must be followed. The director shall establish a reasonable application fee.
(b) Brownfield sites being remediated by persons who did not cause or contribute to the contamination of the site are eligible for consideration for remediation loans established under article fifteen, chapter thirty-one of this code.
(c) Persons undertaking brownfield remediation, who did not cause or contribute to the contamination of the brownfield site, may obtain all information relating to contamination at the site in the possession of the director prior to engaging in a site assessment.

Structure West Virginia Code

West Virginia Code

Chapter 22. Environmental Resources

Article 22. Voluntary Remediation and Redevelopment Act

§22-22-1. Legislative Findings; Legislative Statement of Purpose

§22-22-2. Definitions

§22-22-3. Rule-Making Authority of the Director

§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...

§22-22-5. Brownfield Application; Remediation Process; Brownfield Remediation; Eligibility; Application; Remediation Loan; and Obtaining Information From Director

§22-22-6. Voluntary Remediation Administrative Fund Established; Voluntary Remediation Fees Authorized; Brownfields Revolving Fund Established; Disbursement of Funds Moneys; Employment of Specialized Persons Authorized

§22-22-7. Voluntary Remediation Agreement; Required Use of Licensed Remediation Specialist; Required Provisions of a Voluntary Remediation Agreement; Failure to Reach Agreement; Appeal to the Environmental Quality Board; No Enforcement Action When Su...

§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

§22-22-12. Enforcement Orders for Licensed Remediation Specialists; Cease and Desist Order; Criminal Penalties

§22-22-13. Certificate of Completion

§22-22-14. Land-Use Covenant; Criminal Penalties

§22-22-15. Reopeners

§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

§22-22-20. Affirmative Defenses

§22-22-21. Savings Clause