West Virginia Code 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, the person may seek a certificate of completion from the director.
Terms Used In West Virginia Code 22-22-13
- Director: means the director of the Division of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to this article. See West Virginia Code 22-22-2
- Land-use covenant: means a document or deed restriction issued by the director on remediated sites which have attained and demonstrate continuing compliance with site-specific standards for any contaminants at the site. See West Virginia Code 22-22-2
- Licensed remediation specialist: means a person certified by the director pursuant to rules adopted under section three of this article as qualified to perform professional services and to supervise the remediation of contaminated sites. See West Virginia Code 22-22-2
- Person: means any public or private corporation, institution, association, firm or company organized or existing under the laws of this or any other state or country. See West Virginia Code 22-22-2
- Property: means any parcel of real property, and any improvements thereof. See West Virginia Code 22-22-2
- Remediation: means to cleanup, mitigate, correct, abate, minimize, eliminate, control and contain or prevent a release of a contaminant into the environment in order to protect the present or future public health, safety, welfare, or the environment, including preliminary actions to study or assess the release. See West Virginia Code 22-22-2
- Site: means any property or portion thereof which contains or may contain contaminants and is eligible for remediation as provided under this article. See West Virginia Code 22-22-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Voluntary remediation: means a series of measures that may be self-initiated by a person to identify and address potential sources of contamination of property and to establish that the property complies with applicable remediation standards. See West Virginia Code 22-22-2
(b) The director may delegate the responsibility for issuance of a certificate of completion to a licensed remediation specialist in limited circumstances, as specified by rule pursuant to this article.
(c) The certificate of completion shall contain a provision relieving a person who undertook the remediation and subsequent successors and assigns from all liability to the state as provided under this article which shall remain effective as long as the property complies with the applicable standards in effect at the time the certificate of completion was issued. This certificate is subject to reopener provisions of section fifteen of this article and may, if applicable, result in a land-use covenant as provided in section fourteen of this article.