West Virginia Property Transfer regulations & environmental compliance analysis

West Virginia Property Transfer: What you need to know

Governing Law and Regulations

Hazardous waste facilities: West Virginia Code (WV Code) 22-18-21

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Solid waste: West Virginia Regulations (WV Reg.) 33-1-6.1.d.1

Voluntary remediation: WV Reg. 60-3-13

Underground injection control (UIC) permit transfers: WV Reg. 47-13-13.17

Dam transfers: WV Reg. 47-34-14

Regulatory Agencies

West Virginia Department of Environmental Protection (DEP)

U.S. Environmental Protection Agency (EPA) Region 3

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. West Virginia does not have a property transfer law that requires DEP to certify the condition of property before a real estate transfer may take place. Like the federal rules for closure and post-closure of hazardous waste management facilities, West Virginia requires that a notation be recorded on the deed, lease, or other instrument ordinarily examined during the title search indicating that the land was used for hazardous waste activity and that its use is restricted.

Upon the transfer of property that contains hazardous wastes, the previous owner is required to notify the chief of the Hazardous Waste Division of such transfer. The state also has its own property transfer requirements for its voluntary remediation program, underground injection well permits, and for dams.

Administration and enforcement. DEP's various divisions and offices are responsible for administering and enforcing the property transfer requirements in West Virginia. EPA is responsible for property transfer requirements for federal facilities.

State Requirements

ASSOCIATED SECTIONS

For more information on contaminated sites, see the state ...


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West Virginia Property Transfer Resources

Type Title
Forms Well Disclosure Certificate
See all Property Transfer Resources