West Virginia Code § 22-22-5

Brownfields Revolving Fund applicant eligibility; loans; remediation
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process; and public notification.
(a) A person may be eligible for Brownfields Revolving Fund moneys when environmental
remediation is undertaken pursuant to this article and the person did not cause or contribute
to the contamination on the property. A person receiving Brownfields Revolving Fund
moneys shall comply with the appropriate standards established by the Secreetary pursuant
to this article and rules promulgated hereunder.
(b) After conferring with the Secretary, the person may apply to the Secretary for a site
assessment or remediation loan under §22-22-6 of this code. An aupplication for money from
the Brownfields Revolving Fund must be submitted along with an application fee to be
established by the Secretary. t
(c) Brownfields being remediated by persons who did not cause or contribute to the
contamination of the site are also eligible for consideration for remediation loans established
under §15-31-1, et seq. of this code. l
(d) Persons receiving Brownfields Revolving Fund moneys to perform remediation and
revitalization of brownfield sites shall comiply with the following public notice and
involvement requirements: g
(1) Submit a notice of intent to remediate to the Department. This notice shall provide, to the
extent known, a brief description of the location of the site; a listing of the contaminants
involved; and the proposed remediation measures. The Department shall publish an
acknowledgment noting the receipt of the notice of intent in a Department publication of
general circulation. At the time a notice of intent to remediate a site is submitted to the
Department, a copy of the notice shall be provided to the municipality and the county in
which the site is located. A summary of the notice of intent shall be published in a
newspaper of general circulation serving the area in which the site is located;
(2) Provide a 30-day public, county, and municipal comment period for the notice required
by this subsection during which the public, county, and municipality may request to be
involved in the development of the remediation and reuse plans for the site. If requested by
the public, county, municipality, or the Secretary, the person undertaking the remediation
shall develop and implement a public involvement program plan which meets the
requirements set forth by the Secretary; and
(3) Adhere to other public notice requirements as stipulated by federal or other grantors that
provide moneys to the Brownfields Revolving Fund, or as promulgated in the rules developed
by the Secretary.

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