West Virginia Code § 60A-11-5

Residential property owner responsibility; owner immunity; voluntary
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compliance.
(a) Upon notification to the residential property owner by a law-enforcement agency that
chemicals, equipment, supplies or precursors indicative of a clandestine drug laboratory
have been located on the residential property owner's property, the residential property
owner shall be responsible for actions necessary to meet the remediation steandards
established by the legislative rule authorized by this article. The residential property owner
is responsible for actions to ensure the residential property shall remairn unoccupied from
the time the residential property owner is notified of the clandestine drug laboratory until
such time as the department certifies that the completed remediation meets the numeric
decontamination levels set forth in the legislative rule authorized in this article. The
department shall have forty-five days from receipt of all necetssary paperwork and
documentation to complete remediation certification: Provided, That a residential property
owner may demolish the residential property as an alternative to meeting the remediation
standards established by the department.
(b) Once the remediation has been certified cosmplete by the department, the residential
property owner and any representative or agent of a residential property owner who neither
knew or should have known of the property's illegal use shall be immune from civil liability
for action brought for injuries or losgs based upon the prior use of the residential property as
a clandestine drug laboratory by future owners, renters, lessees or any other person who
occupies the residential propeerty.
(c) Any residential propeLrty owner who neither knew or should have known of the property's
illegal use who chooses to voluntarily and successfully complete the remediation prior to
notification by a law-enforcement agency shall have the same immunity from liability as set
forth in subsection (b) of this section if the remediation meets the certification standards set
forth in legislative rules authorized by this article.

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