Sec. 60-3-3 - Eligibility

§ 60-3-3. Eligibility

3.1. Eligibility Criteria for Voluntary Remediation Program. - Any site is eligible to participate in the Voluntary Remediation Program, except the following:

3.1.a. Any site that is subject to a unilateral order issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§ 104 through 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9604- 9606;

3.1.b. Any site that has been listed or is proposed to be listed on the National Priorities List developed by EPA pursuant to Title I of CERCLA, unless EPA has formally delisted it;

3.1.c. Any site that is subject to a unilateral enforcement order under § 3008 or § 7003 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928 or § 6973;

3.1.d. Any site that is subject to a unilateral enforcement order for corrective action issued pursuant to any provision of Chapter 22 of the West Virginia Code; or

3.1.e. Any site where the release that is subject to remediation was created through gross negligence or willful misconduct by the applicant.

3.2. Eligibility Determination. - In deciding the acceptability of an application, the Secretary shall determine whether the eligibility criteria of this section have been satisfied.

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