WVC 60 A- 11 - 5
§60A-11-5. Residential property owner responsibility; owner
immunity; voluntary compliance.
(a) Upon notification to the residential property owner by a
law-enforcement agency that chemicals, equipment, supplies or
precursors indicative of a clandestine drug laboratory have been
located on the residential property owner's property, the
residential property owner shall be responsible for actions
necessary to meet the remediation standards established by the
legislative rule authorized by this article. The residential
property owner is responsible for actions to ensure the residential
property shall remain unoccupied from the time the residential
property owner is notified of the clandestine drug laboratory until
such time as the department certifies that the completed
remediation meets the numeric decontamination levels set forth in
the legislative rule authorized in this article. The department
shall have forty-five days from receipt of all necessary paperwork
and documentation to complete remediation certification: Provided,
That a residential property owner may demolish the residential
property as an alternative to meeting the remediation standards
established by the department.
(b) Once the remediation has been certified complete by the
department, the residential property owner and any representative
or agent of a residential property owner who neither knew or should
have known of the property's illegal use shall be immune from civil
liability for action brought for injuries or loss based upon the prior use of the residential property as a clandestine drug
laboratory by future owners, renters, lessees or any other person
who occupies the residential property.
(c) Any residential property owner who neither knew or should
have known of the property's illegal use who chooses to voluntarily
and successfully complete the remediation prior to notification by
a law-enforcement agency shall have the same immunity from
liability as set forth in subsection (b) of this section if the
remediation meets the certification standards set forth in
legislative rules authorized by this article.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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