West Virginia Code § 22-22B-11

Enforcement of environmental covenant
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(a) A civil action for injunctive or other equitable relief for violation of an environmental
covenant may be maintained by:
(1) A party to the covenant;
(2) The agency or, if it is not the agency, the Department of Environmental Protection;
(3) Any person to whom the covenant expressly grants power to enforce;
(4) A person whose interest in the real property or whose collateral or liability may be
affected by the alleged violation of the covenant; or
(5) A municipality or other unit of local government in which the real property subject to the
covenant is located.
(b) This article does not limit the regulatory authority of the agency or the Department of
Environmental Protection under law other than this article with respect to an environmental
response project.
(c) A person is not responsible for or subject to liability for environmental remediation solely
because it has the right to enforce an environmental covenant.

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