W. Va. Code R. § 157-8-9

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 157-8-9 - Remediation Liability
9.1. Liability. Any person who has illegally disposed of waste tires is liable for all clean up costs associated therewith.
9.2. Land Owner Liability. Any person who has waste tire piles disposed on their property is liable for all clean up costs associated therewith.
9.3. Clean Up Costs. Costs of removal or remediation will include but not be limited to:
9.3.a. All costs of removal, ingress, egress, clean up and remediation by the Division.
9.3.b. All costs associated with remediation include collection, transporting, processing and disposal of waste tires, cost of providing ingress and egress, damage to adjacent property, legal costs incurred to bring legal actions, and staff time involved with the remediation and court time.
9.4. Repayment. Any person who owes remediation costs, court costs and damages is liable at law until the TREC Fund is fully paid.
9.5 Division Costs. Division costs shall be determined by the Commissioner.

W. Va. Code R. § 157-8-9