W. Va. Code R. § 64-63-13

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-63-13 - Penalties

13.1. The director shall, depending upon the severity of the violation and upon the degree of health hazard created, reprimand, or suspend or revoke the license of an asbestos analytical laboratory, clearance air monitor, contractor, inspector, management planner, project designer, supervisor, worker, or a resilient floor covering worker, if the licensee:

13.1.a. Fraudulently or deceptively obtains or attempts to obtain a license;

13.1.b. Fails at any time to meet the qualifications for a license or to comply with the requirements of W. Va. Code '16-32-1 et seq. or this rule; or

13.1.c. Knowingly falsifies or attempts to falsify documents related to an asbestos abatement project or license.

13.2. The director may impose a civil penalty of not less than two hundred fifty dollars ($250) and not more than five thousand dollars ($5,000) for each separate violation of this rule payable within thirty (30) days of receipt of the penalty notification.

13.3. The director shall investigate all alleged violations of this rule or of W. Va. Code '16-32-1 et seq. reported to the division. Upon the finding of a violation in connection with any asbestos abatement project the director shall, depending upon the severity of the violation and upon the degree of health hazard created, initiate an appropriate enforcement action which may include the issuance of a cease and desist order directing that all work on the project be halted immediately. Posting of the cease and desist order on the project site constitutes notice of its contents to the property owner and all persons working on the asbestos abatement project. Where practicable, however, the director shall deliver a copy of the order by certified mail, return receipt requested, to the property owner and to the contractor.

13.4. In any case where a person fails to halt work following the issuance of a cease and desist order by the director, the violation is presumed to be willful and the person shall be assessed a civil penalty by the director of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for an initial violation and not less than twenty-five thousand dollars ($25,000) nor more than fifty thousand dollars ($50,000) for each subsequent violation payable within thirty (30) days of receipt of the penalty notification.

13.5. Any person who violates any provision of this rule or of the W. Va. Code ' 16-32-1 et seq. is guilty of a misdemeanor.

W. Va. Code R. § 64-63-13