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.
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 or via Westlaw before relying on it for your legal needs.
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