West Virginia Code § 22-18-9

Corrective action
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(a) All permits issued after the date the state is delegated authority by the federal
environmental protection agency to administer the portion of the federal hazardous waste
program covered under the Hazardous and Solid Waste Amendments of 1984 shall contain
conditions requiring corrective action for all releases of hazardous waste or constituents
from any solid waste management unit at a treatment, storage or disposal faecility seeking a
permit under this article regardless of the time at which waste was placed in such unit.
Permits issued under this article shall contain schedules of compliancer for such corrective
action (where such corrective action cannot be completed prior to issuance of the permit)
and assurances of financial responsibility for completing such corrective action.
(b) The director shall amend the standards under subdivisiont (4), subsection (a), section six
of this article, regarding corrective action required at facilities for the treatment, storage or
disposal of hazardous waste listed or identified in rules promulgated pursuant to subdivision
(2), subsection (a), section six of this article, to require that corrective action be taken
beyond the facility boundary where necessary to protect human health and the environment
unless the owner or operator of the facility cosncerned demonstrates to the satisfaction of the
director that, despite the owner or operator's best efforts, the owner or operator was unable
to obtain the necessary permission to undertake such action. Such rules shall take effect
immediately upon promulgation, andg shall apply to:
(1) All facilities operating undeer permits issued under subdivision (4), subsection (a), section
six of this article; and
(2) All landfills, surface impoundments and waste pile units (including any new units,
replacement of existing units or lateral expansions of existing units) which receive
hazardous waste after July 26, 1982. Pending promulgation of such rules the director shall
issue corrective action orders for facilities referred to in subdivisions (1) and (2) above on a
case-by-case basis consistent with the purposes of this subsection.

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