W. Va. Code R. § 47-35-12

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 47-35-12 - DEED AND LEASE DISCLOSURE; NOTICE IN DEED TO PROPERTY

12.1. Recording Requirement. -- The owner of the property on which a hazardous waste management facility is located must record, in accordance with state law, a notation on the deed or lease to the facility property -- or on some other instrument that is normally examined during title search -- that will in perpetuity notify any potential purchaser of the property that:

12.1.a. The land has been used to manage hazardous wastes; and

12.1.b. Its use is restricted under 40 CFR § 264.117 (c).

12.2. Upon actual transfer of property which contains hazardous wastes that have been stored, treated, or disposed of, the previous owner shall notify the chief in writing of such transfer.

12.3. Other Requirements. Nothing contained in this section of these rules shall relieve any person from complying with the requirements on deed and lease disclosures set forth in W. Va. Code, § 22-18-21.

W. Va. Code R. § 47-35-12