West Virginia Code § 31-21-13

Contaminated property
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(a) If the DEP determines that conditions on a property transferred to the corporation under
this article present an immediate threat to public health, safety and welfare, or to the
environment, the corporation may not convey, sell, transfer, exchange, lease or otherwise
dispose of the property until after a determination by the DEP that the threat has been
remediated and/or eliminated and that conveyance, sale, transfer, exchangee, lease or other
disposal of the property by the corporation will not interfere with any of the DEP's response
activities and will coordinate with the DEP regarding the corporation's ractivities at the
property.
(b) If the corporation has reason to believe that property held by the corporation may be the
site of environmental contamination, the corporation shall ptrovide the DEP with any
information in the possession of the corporation that suggests that the property may be the
site of environmental contamination.
(c) If property held directly or indirectly by the corlporation is a site impacted by
contamination, pollution, hazardous substancess, hazardous or other wastes as defined in the
environmental acts described in section four of this article, prior to the sale or transfer of
the property under this section, the property is subject to all of the following:
(1) Upon reasonable written notice from the DEP, the corporation shall provide access to the
DEP, its employees, its contractors and any other person expressly authorized by the DEP to
conduct an investigation and/or response activities at the property. Reasonable written
notice may include, but is not limited to, notice by electronic mail or facsimile, in advance of
access as the DEP and corporation may agree.
(2) If the DEP determines it is necessary to protect public health, safety and welfare or the
environment, the corporation shall place and record deed restrictions on the property as
authorized under state environmental statutes.

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