West Virginia Brownfields regulations & environmental compliance analysis

West Virginia Brownfields: What you need to know

Governing Law and Regulations

West Virginia Voluntary Remediation and Redevelopment Act (Act), West Virginia Code (WV Code) 22-22-1 to 22-22-21

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What are brownfields?: West Virginia Regulations (WV Reg.) 60-3-2

Voluntary remediation program (VRP): WV Reg. 60-3-1 to 60-3-17 and Appendices

Eligibility: WV Reg. 60-3-3

Application process: WV Reg. 60-3-4

Voluntary remediation agreement: WV Reg. 60-3-6

Regulatory Agency

West Virginia Department of Environmental Protection (DEP) Division of Land Restoration Office of Environmental Remediation

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia enacted the Voluntary Remediation and Redevelopment Act in 1996 to encourage redevelopment of brownfields properties. The West Virginia Department of Environmental Protection (DEP) rules under the Act were adopted in 1997, and created the Voluntary Remediation Program (VRP). The VRP requires that properties comply with applicable remediation standards, with brownfields remediation requiring additional oversight because of its use of public funds. See the national section BROWNFIELDS for additional guidance about brownfields funding and redevelopment.

Administration and enforcement. The DEP administers the VRP in West Virginia.

State Requirements

WHAT ARE BROWNFIELDS?

WV Reg. 60-3-2

West Virginia defines a "brownfield" as any industrial or commercial property that is abandoned or not being actively used by the owner as of July 1996. Excluded are sites subject to the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act ...


Read more about Brownfields