(1) The current or future owner or operator of the site, including development authorities and fiduciaries who participated in the remediation of the site;
(2) A person who develops or otherwise occupies the site;
(3) A successor or assign of any person to whom the liability protection applies;
(4) A public utility, as defined in section two, article one, chapter twenty-four of this code, and for the purpose of this article, a utility engaged in the storage and transportation of natural gas, to the extent the public utility performs activities on the site;
(5) A remediation contractor;
(6) A licensed remediation specialist; and
(7) A lender or developer who engages in the routine practices of commercial lending, including, but not limited to, providing financial services, holding of security interests, workout practices, foreclosure or the recovery of funds from the sale of a site.
(b) A person shall not be considered a person responsible for a release or a threatened release of contaminants simply by virtue of conducting or having a site assessment conducted. Nothing in this section relieves a person of any liability for failure to exercise due diligence in performing a site assessment.
Note: WV Code updated with legislation passed through the 2012 1st Special Session