West Virginia Code 22-27-6 – Project sponsor liability limitation and exceptions
(a) General rule. — Except as specifically provided in subsection (b) of this section, a project sponsor who provides equipment, materials or services at no cost or at cost for a reclamation project or a water pollution abatement project:
Terms Used In West Virginia Code 22-27-6
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the West Virginia Department of Environmental Protection. See West Virginia Code 22-27-3
- Person: means a natural person, partnership, association, association members, corporation, an agency, instrumentality or entity of federal or state government or other legal entity recognized by law as the subject of rights and liabilities. See West Virginia Code 22-27-3
- Project work area: means that land necessary for a person to complete a reclamation project or a water pollution abatement project. See West Virginia Code 22-27-3
- Reclamation project: means the restoration of eligible land to productive use by regrading and revegetating the land to stable contours that blend in and complement the drainage pattern of the surrounding terrain with no highwalls, spoil piles or depressions to accumulate water, or to decrease or eliminate discharge of water pollution. See West Virginia Code 22-27-3
- Water pollution: means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water located in the state. See West Virginia Code 22-27-3
- Water pollution abatement facilities: means the methods for treatment or abatement of water pollution located on eligible lands. See West Virginia Code 22-27-3
- Water pollution abatement project: means a plan for treatment or abatement of water pollution located on eligible lands. See West Virginia Code 22-27-3
(1) Is immune from liability for any injury to or damage suffered by a person which arises out of or occurs as a result of the water pollution abatement facilities constructed or installed during the water pollution abatement project;
(2) Is immune from liability for any pollution emanating from the water pollution abatement facilities constructed or installed during the water pollution abatement project unless the person affects an area that is hydrologically connected to the water pollution abatement project work area and causes increased pollution by activities which are unrelated to the implementation of a water pollution abatement project, provided that the project sponsor implements, operates, and maintains the project in accordance with the plans approved by the department;
(3) Is immune from liability for the operation, maintenance and repair of the water pollution abatement facilities constructed or installed during the water pollution abatement project.
(b) Exceptions. —
(1) Nothing in this article shall limit in any way the liability of a project sponsor which liability results from the reclamation project or the water pollution abatement project and which would otherwise exist:
(A) For injury or damage resulting from the project sponsor's acts or omissions which are reckless or constitute gross negligence or willful misconduct.
(B) For the person's unlawful activities.
(C) For damages to adjacent landowners or downstream riparian landowners which result from a reclamation project or a water pollution abatement project where written notice or public notice of the proposed project was not provided.
(2) Nothing in this article shall limit in any way the liability of a person who the Department has found to be in violation of any other provision or provisions of this chapter.