W. Va. Code R. § 47-40B-6
Under Section 5(f) of the HWERF, the director is authorized to institute a civil action against any generator for failure to pay any fee assessed pursuant to the Act. Such action against a generator may be brought in either Kanawha County or the county in which the generator does business. The generator must pay all attorney fees and costs of such action if the director prevails.
Failure by the generator to report information as required in Section 4.2 of Series 40A, in the manner prescribed in that section, shall result in a fee assessment based on the amount of hazardous waste generated, as reflected in the generator annual report required under Section 6.4.2 of the HWMR or the facility annual report required under Section 8.5.6 of the HWMR, and other information available to the director to reasonably ascertain the total amount of hazardous waste generated. However, in no event may the fee assessed exceed the fee assessment for the total amount of hazardous waste reported in the annual reports filed pursuant to the HWMR provisions at the full rate of assessment.
If an assessed fee is not paid by the date prescribed pursuant to Section 5.2 of Series 40A, interest shall accrue as interpreted in Section 5.2.2 of these regulations. Such interest will be deposited in the Fund.
If any generator subject to fee assessment pursuant to these regulations fails to pay the fee imposed within seventy-five (75) regulations fails to pay the fee imposed within seventy-five (75) days of the prescribed payment remittance date, there shall be imposed in addition to the fee and interest determined to be owed, a surcharge equivalent to the total amount of the fee assessed, which shall also be collected and deposited in the Fund.
W. Va. Code R. § 47-40B-6