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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, and underground injection wells. See the national section FINANCIAL RESPONSIBILITY for guidance on the federal rules.
• Administration and enforcement. The DEP is generally responsible for the administration and enforcement of the state's financial responsibility requirements. The DOA administers and enforces the requirements covering pesticide businesses.
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 environmental damage caused by a spill or a leak, and third-party claims of personal injury or property ...