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WEST VIRGINIA CODE

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WVC 22 - 30 - 15 §22-30-15. Inspections, monitoring and testing.

     (a) For the purposes of developing or assisting in the development of any rule, conducting any study, taking any corrective action or enforcing any provision of this article, any owner or operator of an aboveground storage tank shall, upon request of the secretary:

     (1) Furnish information relating to the aboveground storage tanks, their associated equipment and contents;

     (2) Conduct reasonable monitoring or testing;

     (3) Permit the secretary, at all reasonable times, to inspect and copy records relating to aboveground storage tanks; and

     (4) Permit the secretary to have access to the aboveground storage tanks for corrective action.

     (b) For the purposes of developing or assisting in the development of any rule, conducting any study, taking corrective action or enforcing any provision of this article, the secretary may:

     (1) Enter at any time any establishment or other place where an aboveground storage tank is located;

     (2) Inspect and obtain samples of any fluid contained in an aboveground storage tank;

     (3) Conduct monitoring or testing of the aboveground storage tanks, associated equipment, contents or surrounding soils, surface water or groundwater; and

     (4) Take corrective action as specified in this article.

     (c) Each inspection shall be commenced and completed with reasonable promptness.

     (d) To ensure protection of the water resources of the state and compliance with any provision of this article or rule promulgated thereunder, the secretary shall inspect level 1 regulated tanks at least once every three years. The secretary shall develop an inspection protocol for level 2 regulated tanks.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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