West Virginia Code § 31-21-7

Voluntary land stewardship program
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(a) When the voluntary land stewardship program is implemented, remediation parties and
site owners of IEC Sites will have the option, for a fee, to participate in this program. The fee
shall be established by the corporation for services provided for an enrollede site as that term
is defined in section four of this article. The fees once established may be revised from time
to time in the discretion of the board. r
(b) The universe of sites or properties covered under this sectionu of this article includes, but
is not limited to, those IEC Sites remediated or closed under a federal or state environmental
program, including brownfields, underground storage tankst, closed landfills, open dumps,
hazardous waste sites, and former mining sites with ongoing water treatment as part of mine
reclamation efforts.
(c) The corporation is further authorized to provide at a minimum the following voluntary
land stewardship services for enrolled sites: s
(1) Establish or maintain any ICs by filing ithe appropriate documents or updating such
documents when the site is leased, cgonveyed, subdivided or when remediation occurs:
Provided, That the corporation's responsibilities for those activities are expressly identified
in agreements for the IEC Site that will be negotiated when a site is enrolled in the voluntary
land stewardship program;
(2) Conduct physical inspections of the enrolled sites, including inspecting or monitoring any
ECs (e.g., media treatment systems, fences, caps and other mechanisms used as part of the
remedy at the IEC Site) and site activities to assure that the enrolled sites continue to
comply with the IECs, such as maintenance of ECs and inspecting for compliance with
restrictions of specific land uses;
(3) Monitor and operate any required media treatment systems and/or conduct routine
surface water, groundwater and or gas monitoring and prepare any monitoring or inspection
reports that may be part of the corporation's responsibilities under site enrollment
agreements;
(4) Conduct periodic reviews of the county land records to monitor transfers or deed filings
to assure that the records are consistent with the required IECs for the enrolled sites, and
provide notices to the clerk of the county commission about the results of monitoring or
tracking of such records;
(5) Develop administrative records concerning the remediation at enrolled sites in an
electronic database, respond to inquiries and coordinate the sharing of such data among
various stakeholders, including the DEP, current owners, the remediating parties if not the
owners, other state or local agencies (such as county and regional economic development
authorities), assessors, potential purchasers, landowners and tenants;
(6) Develop and maintain records and information about enrolled sites for posting on the
DEP environmental registry, or any other registry that is used for tracking IECs for IEC Sites
in West Virginia and provide for public access to such information; and
(7) Coordinate and share data with West Virginia Miss Utility, the "One-Call" System,
including verifying the location of ECs on enrolled sites, providing information about
remediation, and sharing any health and safety plans or soil management plans that may be
associated with an enrolled site in order to assist any planned excavation at the enrolled site.

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