W. Va. Code R. § 64-92-7 - Responsibilities of Residential Property Owners

7.1. A residential property owner who has been notified by a law enforcement agency or becomes aware of a clandestine drug laboratory on his or her property shall:

7.1.1. Ensure the residential property remains unoccupied and secured until analytical test results indicate a level of contamination at or below 1.0 [MICRO]g /100 cm², a certificate of remediation completion is issued for the property by the department, or the property is properly demolished in compliance with 64CSR63 if applicable;

7.1.2. Within 60 days of notice of the existence of a clandestine drug laboratory, test, commence remediation, or demolish the residential property in accordance with this rule and any other applicable law;

7.1.3. In the case of a hotel, motel, or multi-unit building, all units or areas immediately adjacent to a unit or area within the hotel, motel, or multi-unit building that contained a clandestine drug laboratory and that is under the control of the residential property owner must be secured, vacated and tested in accordance with this rule, unless, however, a fire break wall separates adjoining units in a multi-unit building, the commissioner may determine to allow adjoining units to remain occupied pending testing and remediation;

7.1.4. When analytical testing shows a level of contamination of greater than 1.0 [MICRO]g /100 cm², contract within 60 days a licensed clandestine drug lab remediation contractor to either remediate or demolish the residential property in accordance with this rule; and

7.1.5. Conduct additional testing in accordance with the provisions of this rule as required by the commissioner.

7.2. A residential property owner may delegate, in writing, the responsibilities for compliance with this section to a person who is responsible for the operation of the residential property or to the person who contracts for the remediation or demolition and/or disposal of the property.

7.3. A residential property owner and any agent thereof shall disclose information regarding the identification of a clandestine drug laboratory on the residential property to any potential purchaser or occupant, including the location of the clandestine drug laboratory, remediation plans, related enforcement actions, and the issuance of any certificate of remediation completion by the department.

Notes

W. Va. Code R. § 64-92-7