W. Va. Code R. § 64-92-14

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

Section 64-92-14 - Penalties and enforcement

14.1. The commissioner may, depending upon the severity of the violation and upon the degree of health hazard created, suspend, or revoke the license of a clandestine drug laboratory remediation technician or contractor if the licensee:

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

14.1.2. Fails at any time to meet the qualifications for a license or to comply with the requirements of W. Va. Code § 60A-11-1, et seq. or this rule;

14.1.3. Knowingly falsifies or attempts to falsify documents related to a clandestine drug laboratory remediation project or license; or

14.1.4. Fails to meet the applicable federal or state standard for remediation.

14.2. The Commissioner may investigate any suspected violations of this rule or of W. Va. Code § 60A-11-1, et seq. All property owners of reported clandestine drug laboratories may be issued a compliance order. Upon the finding of a violation in connection with a clandestine drug laboratory property or remediation project the commissioner 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 individuals working on the remediation project. Where practical, the commissioner shall deliver a copy of the order by certified mail, return receipt requested, to the property owner and to the contactor.

14.3. The commissioner may request the assistance of a law enforcement agency, county prosecutor office, or local health department in order to protect public health and safety and to prevent exposure to dangerous conditions in any residential property where a potential clandestine drug laboratory has been identified and prior to being properly remediated and certified as habitable by the commissioner.

14.4. The commissioner or his or her designee may post approved hazard signage on properties upon notification of the identification of a potential clandestine drug lab site and shall remain posted until such time as the property tests below levels allowed by this rule.

W. Va. Code R. § 64-92-14