§22-22-9. Termination of agreement; cost of recovery; legal
actions.
The person undertaking remediation may, in their sole
discretion, terminate the agreement as provided by the terms of the
agreement and by giving fifteen days advance written notice of
termination. Only those costs incurred or obligated by the
director before notice of termination of the agreement are
recoverable, if the agreement is terminated. The termination of
the agreement does not affect any right the director may have under
any other law to recover costs. The person undertaking the
remediation must pay the division's costs associated with the
voluntary remediation within thirty-one days after receiving notice
that the costs are due and owing. The director may bring an action
in Kanawha County circuit court or in the circuit court in the
county wherein the property is situated to recover the amount owed
to the division and reasonable legal expenses.