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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Notwithstanding any provision of this article to the contrary, the director, upon receipt of information, or upon observation or discovery that the handling, storage, transportation, treatment or disposal of any hazardous waste may present an imminent and substantial endangerment to public health, safety or the environment, may:
(1) Request the attorney general or the appropriate prosecuting attorney to commence an action in the circuit court of the county in which the hazardous condition exists to immediately restrain any person contributing to such handling, storage, transportation, treatment or disposal to stop such handling, storage, transportation, treatment or disposal or to take such other action as may be necessary; or
(2) Take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and the environment.
(b) Any person who willfully violates, or fails or refuses to comply with, any order of the director under subsection (a) of this section may, in an action brought in the appropriate circuit court to enforce such orders, be fined not more than five thousand dollars for each day in which such violation occurs or such failure to comply continues.
Cite this article: FindLaw.com - West Virginia Code Chapter 22. Environmental Resources § 22-18-18. Imminent and substantial hazards; orders; penalties; hearings - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-22-environmental-resources/wv-code-sect-22-18-18/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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