§22-22-14. Land-use covenant; criminal penalties.
(a) The director shall establish by rule, criteria for deed
recordation of land-use covenants and containing all necessary deed
restrictions. The director shall cause all land-use covenants to
appear in the chain of title by deed to be properly recorded in the
office of the county clerk where the remediation site is located.
If institutional and engineering controls are used, in whole or in
part, to achieve a remediation standard, the director shall direct
that a land-use covenant be applied. The covenant shall include
whether residential or nonresidential exposure factors were used to
comply with the site-specific standard. The covenant shall contain
a provision relieving the person who undertook the remediation and
subsequent successors and assigns from all civil liability to the
state as provided under this article and shall remain effective as
long as the property complies with the applicable standards in
effect at the time the covenant was issued.
(b) Whoever knowingly violates a land-use covenant by
converting nonresidential property to residential property is
guilty of a felony, and, upon conviction thereof, shall be fined
not more than twenty-five thousand dollars, imprisoned for not more
than five years, or both.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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