W. Va. Code R. § 157-8-10
Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-8-10 - Orders/Notice10.1 Method of Owner Notification. Any notices and any orders will be by registered or certified mail. If said notice is returned, delivery will then be by the Sheriff's office or personal delivery.10.2. Purpose of Owner Notification. The Division will notify the person(s) owning the property where a waste tire pile exists that said waste tire pile must be remediated.10.3. Compliance Schedule. After the notice of the existence of a waste tire pile that must be remediated, the Division will issue an order to said property owner to submit an acceptable compliance schedule within thirty days of receipt of said order. 10.3.a. The Division's acceptance of a compliance schedule will also be considered the Division's time limit for completion of remediation.10.3.b. The Division will return unacceptable compliance schedules to the owner(s) (by certified mail) with the request to resubmit for an approved compliance schedule for remediation. The owner must submit the updated compliance schedule within thirty days after receiving the notice of the unacceptable schedule.10.3.c. Failure to return an updated compliance schedule after receiving notice of an unacceptable schedule will be deemed non-compliance with the order.10.4. Failure to Respond. Failure to respond to the order will be deemed non-compliance with the Division's time limit for completion of remediation.10.5. Expending Funds. The Division may expend funds to remediate or to complete the required remediation when:10.5.a. the owner fails to submit/resubmit an acceptable compliance schedule, thereby violating the Division's time limit for completion of remediation;10.5.b. the owner does not complete the remediation within the accepted time limit; or 10.5.b.1. The Division may extend the time limit for justifiable reasons provided that a written request for extension stating the reasons is submitted and approved thirty days prior to the end of the time limit.10.5.c. the owner notifies the Division that he or she is unable to comply with the order to remediate.10.6. Repayment of Expended Funds. The owner(s) of the property containing the waste tire pile must promptly repay the amount expended from the TREC fund.10.7. Emergency Right of Entry. In cases of emergencies such as fires, the Division has IMMEDIATE right-of-entry in order to protect the public health, safety and well being,10.8. Effective Time Period. The Order is good for a period of three years from the date issued/signed.10.9. Combining Notice and Order. At the Commissioner's discretion, the Order and Notice may be combined.W. Va. Code R. § 157-8-10