W. Va. Code R. § 60-3-14 - Procedure where Certificate of Completion or Land Use Covenant is Violated

14.1. If at any time the Secretary determines that an obligation imposed by the Certificate of Completion or by any land use covenant issued pursuant to the Act is not being satisfied with the result that the site no longer meets the approved remediation standard or continued compliance with the remediation standard is threatened, the Secretary shall issue notice of the determination by providing written notice through certified/registered mail to the current owner or operator of the site. The notice shall identify the obligations that are not being satisfied and the appropriate corrective action that must be taken.

14.2. The covenant set forth in the Certificate of Completion and the provisions regarding relief from liability in any land use covenant shall no longer apply to the current owner or operator of the site and their successors and assigns upon the expiration of 60 days from the date of issuance of notice as provided in subsection 14.1 of this rule, unless prior to that time the current owner or operator takes action to ensure that all obligations imposed by the Certificate are satisfied.

Notes

W. Va. Code R. § 60-3-14