W. Va. Code R. § 64-56-18

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

Section 64-56-18 - Imminent and Substantial Hazards; Orders; Penalties; Hearings

18.1. Notwithstanding any provision of this rule to the contrary, the Secretary, upon receipt of information, or upon observation or discovery that the handling, storage, transportation, treatment or disposal of any infectious medical waste may present an imminent and substantial endangerment to public health, safety or the environment, has the authority to:

18.1.a. Request the attorney general or the appropriate prosecuting attorney to commence an action in the circuit court of the county in which the hazardous condition exists to immediately restrain any person contributing to such handling, storage, transportation, treatment or disposal to stop such handling, storage, transportation, treatment or disposal or to take such other action as may be necessary; or

18.1.b. Take other action under this section including, but not limited to issuing such orders as may be necessary to protect public health and the environment.

18.2. Any person who willfully violates, or fails or refuses to comply with, any order of the Secretary under Section 18.1 of this rule may, in an action brought in the appropriate circuit court to enforce such orders, be fined not more than five thousand dollars ($5,000) for each day in which such violation occurs or such failure to comply continues.

W. Va. Code R. § 64-56-18