West Virginia Code of State Rules › Agency 60 - Environmental Protection - Secretary's Office › Title 60 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT › Series 60-03 - Voluntary Remediation and Redevelopment Rule › Section 60-3-4 - Application to Participate in Voluntary Remediation Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Contents of Application. - Any person
				who desires to participate in the Voluntary Remediation Program shall submit to
				the Secretary, on a form provided by the Secretary, an electronic application
				which shall contain, at a minimum, the following information:
4.1.a. The applicant's name, which includes
				the applicant's legal name and any other aliases or other names by which the
				applicant is known or under which the applicant does business;
4.1.b. The applicant's address, which
				includes the current address at which the applicant can be reached by mail and,
				in the event that Post Office delivery is not feasible, the applicant shall
				also provide a description of his or her current address that will enable the
				Secretary to locate the applicant;
4.1.c. The applicant's financial
				capabilities, which include, but is not limited to, information that
				demonstrates the applicant has, or has secured access to, financial resources
				that are adequate to successfully complete the voluntary remediation and
				satisfy any contractual obligations entered into by the applicant that relate
				to the voluntary remediation;
4.1.d. The applicant's technical
				capabilities, which includes, at a minimum, information that the applicant is
				contracting or has contracted with a licensed remediation specialist to perform
				the work required;
4.1.e. A general
				description of the site, which includes, at a minimum, the following:
4.1.e.1. A written description of the site
				that includes any city, county, and street addresses and adjacent landmarks,
				buildings, waterways, former uses, or other identifying information;
4.1.e.2. The deed book number and page number
				of the site property as contained in the office of the County Clerk;
4.1.e.3. County tax map references;
4.1.e.4. A map delineating the
				boundaries of the site;
4.1.e.5.
				Horizontal coordinates of a reference point to the site, such as the center of
				the site or main entrance, which location data shall have a horizontal accuracy
				within 5 meters (15 feet);
4.1.e.6.
				Any other identifying information that will serve to clearly and concisely
				identify the property;
4.1.e.7.
				Information of which the applicant is aware concerning the nature and extent of
				any known contamination at the site and immediately contiguous to the site, or
				wherever the contamination came to be located; and
4.1.e.8. Information demonstrating the
				applicant's legal right to perform the work required for participation in the
				program (e.g., title report, deed, or access agreement).
4.1.e.9. Where an application covers two or
				more non-contiguous locations, the applicant shall provide this information for
				each location.
4.1.f. A
				site assessment prepared by a licensed remediation specialist, which includes
				information that identifies all actual or potential contaminants reasonably
				expected to be at and near the site, the nature and extent of the
				contamination, and potential receptors and pathways for contaminant migration.
				In no case, however, shall the Secretary deny an application on the grounds
				that the site assessment is inadequate if the site assessment satisfies the
				requirements contained in W. Va. Code §
										22-22-4(e).
				Where the Secretary determines that additional site assessment information is
				necessary, the Secretary and the applicant may address submission of the
				necessary additional information in the Voluntary Remediation Agreement;
				and
4.1.g. Other information as
				requested by the Secretary.