Cleanup Liability Developments
You Need to Know
Regulatory Updates Session
2012 WV Brownfields Conference
Glade Springs Resort, Daniels, WV
September 5, 2012
Gale Lea Rubrecht, Esquire
500 Lee Street, East, Suite 1600, Charleston, WV 25301
Phone: 304-340-1200 • Fax: 304-340-1130
galelea@jacksonkelly.com • www.jacksonkelly.com
Liability updates you need to know
• WV Land Stewardship Corporation Act.
• Recent CERCLA “due care” case law.
• EPA Guidance on Non-Affiliation Requirement
for CERCLA Liability Protections
• EPA Fact Sheets for Energy Projects on
Brownfields
• EPA statements on liability regarding
CERCLA and RCRA sites.
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Why a WV Land Stewardship Corporation?
• Senators Plymale, Browning, Jenkins & Foster
• Introduced S.B. 552 on February 9, 2012.
• Jointly address environmental and economic issues
– Contribute to the state’s economy and tax base.
– Promote the productive reuse of idled and underutilized
commercial, industrial and mining properties
– Foster reuse of sites with existing public infrastructure.
– Promote private investment in West Virginia developable land
and West Virginia businesses
– Reduce unemployment by creating new or maintaining existing
opportunities for the citizens of the state.
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What would the corporation do?
• Land Stewardship: Assist the WV DEP, EPA, and other agencies
with land stewardship for the long-term safeguarding of remediated
sites using institutional controls (ICs) and engineering controls
(ECs) (collectively IECs) to ensure that the remedy remains
protective of human health and the environment;
• Certified Sites: Identifying formerly used properties that are ready
for redevelopment and construction and certify these properties as
“project-ready” for specific industry profiles; and
• Land Bank: Act as a land bank to accept title to formerly used
properties as an intermediary step to help seek a purchaser, ready
the property for reuse through environmental assessment,
remediation, building demolition or other efforts.
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WV Non-Profit
Corporation
501 (c)
Non-Profit
Status
Biannual Report to
the Legislature
Power To Do All Things
Necessary or Convenient
to Implement the
Legislative Purposes,
Objectives and Provisions
Governing
Board of
Directors
Executive
Director
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Land Stewardship Program
• Safeguards sites remediated or closed with institutional
or engineering controls (IEC) sites.
• Eligible sites
– Sites with IECs remediated or closed under a federal or state
environmental program
– Examples: brownfields, Resource Conservation and Recovery
Act (RCRA) corrective action, Superfund, leaking underground
storage tanks, closed landfills, open dumps, hazardous waste
sites, and former mining sites with ongoing water treatment as
part of mine reclamation efforts.
• Voluntary with fees based on level of service.
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How would the VLS Program work?
• Corporation provides information about various service
options, drafts a term sheet for agreed upon services,
and establishes a fee for services.
• Remediators and site owners may choose to participate
by submitting an application that would include the term
sheet and paying the fee.
• Underwriting review
• After agreement upon the terms and services, the
corporation issues a commitment letter.
Source: WV Institutional Controls Focus Group Interim Report at 21,
available at: http://www.dep.wv.gov/dlr/oer/voluntarymain/Pages/default.aspx.
www.jacksonkelly.com
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Land Stewardship Services
• File the appropriate documents to establish and maintain
any ICs or updating such documents when the site is
leased, conveyed, subdivided or when remediation
occurs;
• Conduct physical inspections of the enrolled sites
• Monitor and operate treatment systems and/or conduct
routine surface water, groundwater and or gas
monitoring and prepare any monitoring or inspection
reports;
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Land Stewardship Services cont’d
• Conduct periodic reviews of county land records for
appropriate filings about IECs;
• Notify the clerk of the county commission about the
results of monitoring or tracking of such records;
• Develop an environmental registry of IEC sites and
provide for public access to such information; and
• Coordinate and share data with WV811 (fka West
Virginia Miss Utility).
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Land Bank Program
• Acquire properties and prepare them for future use.
– Inventory and classify all property held by VLSC according to status of title
and suitability for use.
– Facilitate an assembly of property for business needing a large complex.
– Before acquiring any properties, the VLSC must conduct AAI to determine
the environmental conditions associated with a property.
– Conduct environmental assessment, remediation, monitoring and postclosure work.
– Prepare sites to qualify as “certified sites”.
– Convey sites to business for reuse.
• Assist state and local government efforts for economic development.
• Imagine how it will help the state’s competiveness!
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States with Land Bank Legislation
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Michigan
Ohio
Georgia
Indiana
Texas
•
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Kentucky
Maryland
Missouri
Tennessee
Source: EPA Revitalization Handbook at p. 17 (2011).
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Certified Sites Program
• Enable expedited property transactions for “certified sites”
– Establish an inventory of ready for redevelopment and construction
within 12 months or less from acquisition.
– Certify these properties as “project-ready” for specific industry profiles
and other categories of developable properties.
– Standard criteria that real estate developers or businesses need when
selecting a site.
– Central source of certified sites.
– Assist local government in identifying potential sites.
• Provide more certainty in time, steps and costs to businesses
expanding or locating within the state.
• Imagine how it will improve the state’s competitive edge!
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States with Certified Sites
Programs
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•
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•
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California
Indiana
Iowa
Louisiana
Michigan
Minnesota
Mississippi
Missouri
New York
North Carolina
•
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•
•
•
•
•
•
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Washington
Wisconsin
See http://uscertifiedsites.com.
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Minimum Standards
• A letter of support from a mayor, county commissioner or
local economic development official
• Site ownership/control information
• Maps
• Phase I environmental site assessment and, “if
appropriate,” a Phase II environmental site assessment
• For sites that are in the process of being remediated,
documentation about the status and cleanup objectives
• For sites that have already been remediated,
“documentation of liability protection”
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Minimum Standards cont’d
• Wetland delineation or WV DEP-approved mitigation
plan
• Water, wastewater, transportation, electric, natural gas,
sewer, telecommunications and/or high speed
communications infrastructure with “[c]apacity clearly
identified.”
– Alternatively, applicants may demonstrate the ability to construct water
and wastewater infrastructure and pay for it.
• “If possible, proposed pricing or transactional
requirements with a description of any on-site
improvements, current level of investment, and whether
property can be parceled”.
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How would the voluntary
certified sites program work?
• Applicant submits an application for site
certification and pays a fee.
• If the corporation determines that the
decision ready document satisfies its
requirements, then the corporation issues
a site certification.
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WHO
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Responsible parties
Landowners
WVDEP
U.S. EPA
Economic development
authorities
Local governments
Lenders
Developers
Communities
WHAT
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–
–
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Liability protection
Financial assurance
Cost savings
Lessening government
burdens
– Facilitating property transfers
and economic development
– Help ensure long-term
viability of risk-based
cleanups
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Next Steps
• Introduction and passage of legislation in 2013
• Planning
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–
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Organizational documents for corporation
Develop criteria for site certification program
Develop criteria for accepting sites into the land bank
Pilot stewardship program
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Additional Resources
• Senate Bill 552
– http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?
billdoc=sb552%20intr.htm&yr=2012&sesstype=RS&i=
552
• WV Institutional Controls Focus Group Interim Report
dated September 9, 2010
– http://www.dep.wv.gov/dlr/oer/voluntarymain/Docume
nts/WVDEP%20IC%20Focus%20Group%20Interim%
20Report%209%2010%20Final.pdf
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Recent “Due Care” Cases
• Board of County Commissioners v. Brown Group Retail, Inc., 768 F.
Supp. 2d 1092 (D. Colo. 2011).
• New York State Electric & Gas Corp. v First Energy Corp, 808 F.
Supp. 2d 417(N.D.N.Y. 2011).
• State of New York v Adamowicz, 2011 WL 4073894 (E.D.N.Y. Sept.
13, 2011).
• Saline River Properties, LLC v. Johnson Controls, Inc., 823 F. Supp.
2d 670 (E.D. Mich. 2011).
• Ashley II of Charleston, LLC v. PCS Nitrogen, Inc., 791 F. Supp. 431
(D.S.C. 2011), appeal pending, No. 11-1662 (4th Cir.).
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Board of County Commissioners v. Brown Group
Retail, Inc., 768 F. Supp. 2d 1092 (D. Colo. 2011)
• 1983 – County acquires property previously used as a rifle lens
manufacturing plant with plans to convert the plant to a jail.
• 1985 – During excavation, county’s contractor discovers buried tank.
– Plumber and former plant employee examines the tank.
– Tank contains liquid and solid material.
– No testing and no consultation regarding environmental investigation or
disposal.
– Contractor demolishes tank and uses soils to backfill.
• 2003 – County retains environmental consultant and sampling reveals
solvents in groundwater and soil.
• Court – Demolition of sediment trap containing solvents did
not constitute due care.
Source: 768 F. Supp. 2d at 1097-1102, 1121-22.
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New York State Electric & Gas Corp. v First
Energy Corp, 808 F. Supp. 2d 417(N.D.N.Y. 2011)
• 1971 – Booth purchases Site #1 (former MGP)
– Booth did not perform a title search, a Phase I ESA, an
appraisal, a survey or even walk the property before taking title.
– Booth uses Site #1 to sell plumbing and heating products and
leases a portion of the site to a telephone company.
• Mid-1980s – NYSEG advises Booth that it was required
to conduct an investigation of Site #1, and Booth grants
access but does not participate in the investigation or
response actions.
• Late 1980s – Booth contractor removes a GW well
during paving operations.
Source: 808 F. Supp. 2d at 453-54.
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New York State Electric & Gas Corp. v First
Energy Corp, 808 F. Supp. 2d 417(N.D.N.Y. 2011)
• Early 1990s – NYSEG approaches Booth about purchasing the
property to facilitate remediation of the site, but Booth declines to
sell due to disruption to its business and loss of rental income.
• Early 1990s – 2008 – Negotiations
– NYSEG obtains an appraisal that valued the property at $350K in 2005.
– Booth demands $2M plus relocation expenses.
– NYSEG did not consider asking NY to initiate condemnation proceedings
because that process would have taken 5 years.
– NYSEG and DEC choose to implement remedy in a sequence that was not
optimum from a technical perspective in light of Booth’s ownership.
• 2008 – Sales Agreement
– NYSEG agrees to pay Booth $1.8M and grants Booth a right of first offer.
– Booth agrees to vacate premises within 8 months.
• 2010 – Booth vacates the premises.
Source: 808 F. Supp. 2d at 454-57.
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New York State Electric & Gas Corp. v First
Energy Corp, 808 F. Supp. 2d 417(N.D.N.Y. 2011)
• 1977 – Booth acquires Site #2 (also former MGP) from NYSEG.
– Booth performs no pre-acquisition due diligence.
– Booth uses Site #2 to sell hardware, plumbing, heating, and electrical
supplies.
• Mid-1980s – NYSEG suggests a trade of portions of Site #2 to
facilitate remediation.
• 1990s – Negotiations
• 2003 – Sale Agreement
– Booth conveys western portion to NYSEG for $225K plus moving
expenses and damages to parking lot.
– Booth retains rights to lease premises and to purchase the land back
after remediation.
• 2008 – NYSEG offers $25K for another portion but Booth declines.
Source: 808 F. Supp. 2d at 459-60.
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New York State Electric & Gas Corp. v First
Energy Corp, 808 F. Supp. 2d 417(N.D.N.Y. 2011)
• Court: Booth established due care for Site #2 but not
Site #1.
– Due care requires a defendant to take affirmative action to
protect the public from the threat posed by the release of
hazardous substances.
– Booth was “under no statutory obligation to independently
investigate and remediate the two sites being addressed by
NYSEG.”
– However, CERCLA does require Booth’s cooperation in efforts of
others to protect human health and the environment.
Source: 808 F. Supp. 2d at 517-18.
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New York State Electric & Gas Corp. v First
Energy Corp, 808 F. Supp. 2d 417(N.D.N.Y. 2011)
• Booth failed to exercise due care for Site #1.
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–
–
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Booth’s “vigorous negotiation stance”.
Booth’s untimeliness in responding to NYSEG’s proposals.
Booth's aggressive price demand.
The delay caused by Booth complicated remediation and
exacerbated the problem.
• NYDEC wanted NYSEG to first remove the former gasholders and
purifying houses located on Booth’s property, and then address the
downgradient contamination, but because NYSEG was unable to
obtain control of the building, it addressed the downgradient
contamination first which also allowed continued migration of coal tar
and other MGP waste.
– Booth retained the option to repurchase the clean property for $1.
Source: 808 F. Supp. 2d at 457, 518-519, & 533.
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New York State Electric & Gas Corp. v First
Energy Corp, 808 F. Supp. 2d 417(N.D.N.Y. 2011)
• Booth exercised due care for Site #2.
– While negotiations were protracted, the evidence did not suggest
that Booth was responsible for the delay.
– Booth cooperated with NYSEG
• permitting access and
• providing volunteer manpower and equipment to assist with
the site investigation and remediation.
• Booth ordered to pay FirstEnergy:
– $160K as its equitable share of past response costs;
– 15% of future costs and $19 K in pre-judgment interest; and
– 6.72% of all response costs incurred by NYSEG at Site #1.
Source: 808 F. Supp. 2d at 457, 519, 535 & 542.
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State of New York v Adamowicz,
2011 WL 4073894 (E.D.N.Y. Sept. 13, 2011)
• 1983 – Multi-level, multi tenant property in New York
– Adamowicz, indvidually and as trustee, owns the property, and
One Adams Blvd. Realty (OABR) manages it.
– National Heatset Printing (NHP) leases space for a 5-year term.
– NHP uses the premises for lithographic tri-color printing and
generates spent solvents and used inks (i.e., hazardous waste).
• Health department (SCDHS) notifies NHP that its
discharge of wastewater into on-site leaching pools is a
violation of environmental laws.
– Connect the discharge to the municipal sewer system or cease
all industrial discharge and hire an approved waste remover
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State of New York v Adamowicz,
2011 WL 4073894 (E.D.N.Y. Sept. 13, 2011)
• 1985 – Unbermed waste drums, stained soil, etc.
• 1986 – Consent Order to bring facility into compliance.
• 01/87 – Property connected to municipal sewer system.
– Nearly 4 years after being directed to do so!
•
•
•
•
11/87 – NHP files for bankruptcy
02/88 – SCDHS directs NHP to clean out leaching pools.
05/88 – Inspections find open, leaking drums, staining, etc.
11/1988 – SCDHS issues complaint against Adamowicz.
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State of New York v Adamowicz,
2011 WL 4073894 (E.D.N.Y. Sept. 13, 2011)
• 1988 – OABR begins implementing response actions.
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–
–
–
Removing the contents of the leaching pools;
Investigating the pool’s connection to an overflow pool;
Removing abandoned drums and containers; and
Implementing a remedial investigation and treatment system.
• 1990 – OABR acquires title to the property.
• 1994 – NYDEC notifies Adamowicz that the site was
being considered for treatment as a Superfund site and
that Adamowicz/OABR could choose to clean it up.
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State of New York v Adamowicz,
2011 WL 4073894 (E.D.N.Y. Sept. 13, 2011)
• 1997 – NYDEC begins site investigation/remediation.
• 2009 – NYDEC seeks cost recovery under CERCLA.
– OABR invokes third-party defense under CERCLA, contending it
spent > $1 million to address environmental concerns.
• 2011 – District court decision
– Did OABR exercise “due care” and take “precautions against
foresseable” acts, omissions, and consequences to be entitled to
the third-party defense under CERCLA?
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State of New York v Adamowicz,
2011 WL 4073894 (E.D.N.Y. Sept. 13, 2011)
• No: Defendants failed to take action for 5 years.
– Defendant owners knew the nature of NHP’s business from the lease
and periodic inspections by Adamowicz or his father.
– Lease expressly gave the landlord the right to enter the premises if it
was abandoned or the tenant had defaulted on its rent payments, and
this right-of-entry had been triggered by the time state inspectors
observed staining and improperly stored drums.
– Adamowicz was aware the site contained leaching pools and was not
connected to the municipal sewer system until 1987.
– Events took place before the bankruptcy filing and the SCHDS February
1988 notice.
– OABR was not a new owner. It or its predecessor had been in
possession of the site since at least 1980 and charged with knowledge
of environmental conditions at the site.
Source: Memorandum & Order, at pp.27-28 (E.D.N.Y. March 31, 2011).
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Saline River Properties, LLC v. Johnson Controls, Inc.,
823 F. Supp. 2d 670 (E.D. Mich. 2011)
• Site has 3-to-4 acre concrete slab.
• Owner knows there is contamination beneath the slab.
• Owner’s environmental expert advised against breaking
up concrete slab.
• Owner breaks up concrete slab.
• Owner failed to take any measures to prevent rainwater
infiltration through the broken up building.
• Court – Owner failed to exercise due care.
Source: 823 F. Supp. 2d at 688-89.
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Magnolia Development Project
Industrial Area Along the Ashley River in
Charleston and North Charleston, SC
• 100 years of industrial use:
– 2 former phosphate fertilizer
manufacturing plants
– 1 wood-treatment facility
– 4 Superfund Sites
• 43 out of 200 acres at issue in
Ashley II
• Proposed multi-use real estate
development
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Ashley II of Charleston, LLC v. PCS
Nitrogen, Inc., No. 11-1662 (4th Cir.)
• District court denies Ashley BFPP liability protection
– Ashley failed to show that all disposals of hazardous
substances occurred before site acquisition.
– Ashley failed to exercise “appropriate care” with
regard to hazardous substances found at the site.
• Failed to “clean out and fill in” the sumps
• Failed to prevent, investigate, or remove a “debris pile” on
the site for “over a year”.
• Failed to maintain the ROC cover on the Site.
– Ashley failed to establish non-affiliation with PRPs.
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Ashley’s Arguments
• The 4th Circuit should adopt a “new relaxed
standard” for BFPPs, rather than the “heightened
liability standards” of CERCLA §107(a).
• Ashley proved compliance with the “no affiliation”
condition as intended by CERCLA §101(40)(H).
• Ashley proved it exercised appropriate care as
intended by CERCLA §101(40)(H).
Source: Brief of Appellee Ashley II of Charleston, LLC, at pp. 64-81,
filed June 16, 2012, in No. 11-1662.
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Will the rules change ?
• What are the implications of a new relaxed
standard for BFPPs?
• What would this mean for the appropriate
steps requirement for BFPPs?
• Will the 4th Circuit rule that passive
migration does not constitute “disposal”
and that human involvement is required for
“disposal” for purposes of a BFPP?
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“No Affiliations”
Enforcement Discretion Guidance
• “No Affiliations” Requirement
– Landowners seeking to avoid CERCLA liability cannot
be affiliated with a PRP.
• Statutory exceptions
– Instruments by which title to the facility is conveyed or
financed.
• Examples: Deeds, title insurance, and agreements with
third-party lender.
– Contracts for the sale of goods or services.
• Example: Contract for snow removal.
Source: EPA September 21, 2011 “Enforcement Discretion Guidance Regarding the Affiliation Language
of CERCLA’s Bona Fide Prospective Purchaser and Contiguous Property owner Liability Protections,”
available at: http://www.epa.gov/compliance/resources/policies/cleanup/superfund/affiliation-bfpp-cpo.pdf.
www.jacksonkelly.com
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“No Affiliations”
Enforcement Discretion Guidance
• Relationships that EPA “generally intends not to
treat as disqualifying affiliations”
– Relationships at other properties
• Example: Existing lease agreements at other properties
unrelated to the contaminated property.
– Post-acquisition relationships
• Example: Buyer acquires a contaminated industrial park from
a seller who was an owner at the time of disposal at the
industrial park and the seller later leases a warehouse in the
industrial park to the buyer.
Source: EPA September 21, 2011 “Enforcement Discretion Guidance Regarding the Affiliation Language
of CERCLA’s Bona Fide Prospective Purchaser and Contiguous Property owner Liability Protections,”
available at: http://www.epa.gov/compliance/resources/policies/cleanup/superfund/affiliation-bfpp-cpo.pdf.
www.jacksonkelly.com
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“No Affiliations”
Enforcement Discretion Guidance
• Relationships that EPA “generally intends not to
treat as disqualifying affiliations” cont’d
– Documents that typically accompany title transfer
• Example: Indemnification agreements that allocate
responsibility for cleanup costs, insurance, and other
agreements that are typically created as part of the transfer of
title.
– Tenants seeking to purchase property that they lease
• If the tenant/purchaser is a PRP, then the tenant/purchaser
cannot qualify as a BFPP or CPO.
• If the landlord is a PRP, then an analysis of the site-specific
facts will be required.
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Energy Projects on Brownfields
• EPA Fact Sheets
– 03/2011 – Siting Renewable Energy Projects
While Addressing Environmental Issues
– 12/2011 – RE-Powering America’s Land Fact
Sheet: Siting Renewable Energy Projects
While Addressing Environmental Issues.
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Addressing Liability Concerns
• EPA is aware …
– “EPA is aware that some prospective purchasers, developers,
and lenders are hesitant to become involved with the reuse of
potentially contaminated properties because of fear they might
be held liable for environmental contamination.”
• Tools and Policies
– “EPA developed a variety of tools and policies to address these
liability concerns and ensure protective cleanups while
facilitating revitalization.”
– “Please see: www.epa.gov/renewableenergyland/tools.htm for
more information on the tools and resources available to address
liability concerns.”
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Addressing Liability Concerns
• Consider environmental insurance
– “In addition, private sector environmental insurance may be
available to assist with addressing liability concerns.”
• Consult with legal counsel and WVDEP
– “Given that most potentially contaminated properties are
addressed under state programs, EPA encourages renewable
energy developers to consult with legal counsel and their
appropriate state…environmental protection agencies.”
• Consider the WV VRP
– “Since 2008, all states have programs or policies to provide
some level of liability protection to new owners or lessees in
specific situations.”
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Need more information?
• EPA/NREL Decision Trees
– http://www.epa.gov/oswercpa/docs/solar_decision_tree.pdf
– http://www.epa.gov/oswercpa/docs/wind_decision_tree.pdf
• NALGEP primer, “Cultivating Green Energy on Brownfields: A Nuts
and Bolts Primer for Local Governments”
– http://www.resourcesaver.com/ewebeditpro/items/O93F24962.pdf
• EPA Handbook on Siting Renewable Energy Projects While
Addressing Environmental Issues
– http://www.epa.gov/oswercpa/docs/handbook_siting_repowering_projec
ts.pdf
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Superfund Site
• “The PA/SI phase offers time for renewable energy
screening but uncertainties about the extent of
contamination (and thus liability) will make renewable
energy development unlikely.”
• “The RI/FS phase allows the opportunity to fully assess
technical requirements and incorporate renewable
energy development into reuse planning. At this point,
the extent of contamination is better characterized and
site cleanup alternatives are being considered. Thus,
technical renewable energy development considerations
can proceed with more clarity about future actions.”
Source: EPA Handbook, Figure 4-1 & 4.1.3.
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RCRA Site
• “The site identification stage offers time for
renewable energy screening but uncertainties
about the extent of contamination (and thus
liability) will make renewable energy
development unlikely.”
• RCRA Facility Assessment (RFA), RCRA
Facility Investigation (RFI), and Interim
Measures – “Identify…legal obligations and
clean-up liability.”
Source: EPA Handbook, Figure 4-3.
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Liability Relief Resources
• EPA Fact Sheet: Siting Renewable Energy on Contaminated
Property: Addressing Liability Concerns.
• Brownfields Liability Relief Act.
• Enforcement Tools that Address Liability Concerns
– E.g., Lender Liability Fact Sheet – Provides answers to frequently asked
questions regarding Superfund, Brownfields and lender liability.
• The Revitalization Handbook – "Revitalizing Contaminated Sites:
Addressing Liability Concerns (The Revitalization Handbook)".
www.epa.gov/compliance/resources/publications/cleanup/brownfield
s/handbook/index.html.
• Top 10 Questions to Ask When Buying a Superfund Site.
www.epa.gov/compliance/resources/publications/cleanup/superfund
/top-10-ques.pdf
Source: EPA Handbook, Appendix E.
www.jacksonkelly.com
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Liability Relief Resources cont’d
• CERCLA Liability and Local Government Acquisitions and Other
Activities
www.epa.gov/compliance/resources/publications/cleanup/brownfield
s/local-gov-liab-acq-fs-rev.pdf
• Brownfields and Land Revitalization Cleanup Enforcement website
www.epa.gov/enforcement/cleanup/revitalization/index.html
• CERCLA, Brownfields and Lender Liability Fact Sheet
www.epa.gov/swerosps/bf/aai/lenders_factsheet.pdf
• Other Cleanup Enforcement Policies and Guidance
www.epa.gov/compliance/resources/policies/cleanup/index.html
Source: EPA Handbook, Appendix E.
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Gale Lea Rubrecht
Jackson Kelly PLLC
500 Lee Street, East, Suite 1600
Charleston, WV 25301
E-mail: galelea@jacksonkelly.com
Tel: 304-340-1200
Fax: 304-3401130
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