West Virginia Financial Responsibility regulations & environmental compliance analysis

West Virginia Financial Responsibility: What you need to know

Governing Law and Regulations

Solid waste facilities: West Virginia Regulations (WV Reg.) 33-1-3.13

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Pesticide businesses: WV Reg. 61-12B-8

Underground injection wells: WV Reg. 47-13-13.7.g

Aboveground storage tanks (ASTs): WV Reg. 47-63-12

Regulatory Agencies

West Virginia Department of Environmental Protection (DEP)

West Virginia Department of Agriculture (DOA)

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia follows the federal financial responsibility requirements, with additional rules for solid waste facilities, pesticide businesses, underground injection wells, and aboveground storage tanks (ASTs). See the national section FINANCIAL RESPONSIBILITY for guidance on the federal rules.

Administration and enforcement. The West Virginia Department of Environmental Protection (DEP) is generally responsible for the administration and enforcement of the state’s financial responsibility requirements. The West Virginia Department of Agriculture (DOA) administers and enforces the requirements covering pesticide businesses.

State Requirements

FINANCIAL ASSURANCE

Many of West Virginia’s environmental compliance statutes have financial responsibility requirements. Generally, these rules require that certain facilities prove they are able to pay for damages caused by releases to the environment. In most cases, the regulations specify the minimum required amounts and allowable mechanisms for demonstrating financial responsibility.

In West Virginia, there are several financial assurance mechanisms that owners or operators may use alone, or in combination, to demonstrate that they meet financial responsibility requirements sufficient to cover costs of cleanup of ...


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