W. Va. Code R. § 33-20-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 33-20-12 - Deed and Lease Disclosure; Notice in Deed to Property

12.1. Recording Requirement. - The owner of the property on which a hazardous waste management facility is located shall record, in accordance with State law, a notation on the deed or lease to the facility property, or on some other instrument that is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:

12.1.1. The land has been used to manage hazardous wastes; and

12.1.2. Its use is restricted under 40 C.F.R. § 264.117(c).

12.2. Upon actual transfer of property that contains hazardous wastes that have been stored, treated or disposed of, the previous owner shall notify the Secretary in writing of the transfer.

12.3. Other Requirements. - Nothing contained in this section will relieve any person from complying with the requirements on deed and lease disclosures set forth in W. Va. Code § 22-18-21.

W. Va. Code R. § 33-20-12