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 60-3-6 - Voluntary Remediation Agreement

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person who desires to participate in
				the Voluntary Remediation Program shall execute a Voluntary Remediation
				Agreement with the Secretary. The form agreements contained in Appendix 60-3A
				and 60-3B meet the requirements of this section. The Secretary and the
				applicant may agree to additional provisions and modifications consistent with
				this rule. Except as provided in subsection 6.4 of this rule, the Voluntary
				Remediation Agreement shall provide for the following:
6.1.a. The services of a licensed remediation
				specialist for the supervision of all activities described in the agreement,
				including the supervision of remediation contractors;
6.1.b. The recovery of all reasonable costs
				incurred by the Department attributable to the implementation of the agreement.
				Recoverable costs shall include the following:
6.1.b.1. Costs incurred in review and
				oversight of work plans and reports submitted pursuant to the agreement;
6.1.b.2. Costs incurred as the
				result of field activities attributable to the agreement; and
6.1.b.3. Costs incurred by the Department in
				implementing and overseeing activities under the agreement, which costs shall
				be determined by the number of hours worked under the agreement by each primary
				employee multiplied by 3.5 times the hourly rate of the employee and then
				adding the direct expenses incurred by the employee.
6.1.b.4. The Department shall bill all
				recoverable costs by separate invoice.
6.1.c. A schedule for the payment of
				recoverable costs;
6.1.d. A
				description of any work plan or report that the applicant is to submit under
				the agreement for the Secretary's review, including the final report, which
				shall provide all information necessary for the Secretary to verify that the
				applicant has completed all work contemplated by the agreement: provided, that
				at the discretion of the applicant, the applicant may submit for the
				Secretary's approval work plans describing the work to be performed at the site
				with the execution of the agreement;
6.1.e. The identification of appropriate
				tasks, deliverables, and schedules for the submission of any work plans and
				other deliverables and for the performance of the remediation;
6.1.f. A listing of all environmental
				statutes and rules for which compliance is mandated;
6.1.g. The reopening of the Voluntary
				Remediation Agreement upon consent of the parties or the occurrence of one or
				more of the conditions described in section 15 of the Act; and
6.1.h. The modification of the Voluntary
				Remediation Agreement upon the agreement of the parties.
6.1.i. The licensed remediation specialist
				may perform field adjustments which achieve equal performance: provided, that
				he or she notifies the Department of the field adjustment within 15
				days.