Terms Used In Virginia Code > Title 10.1 > Subtitle II > Chapter 21.1 - Virginia Water Quality Improvement Act of 1997

• Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by (i) a practitioner or, under the practitioner's direction, his authorized agent or (ii) the patient or research subject at the direction and in the presence of the practitioner. See Virginia Code 54.1-2519
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Audiologist: means any person who engages in the practice of audiology. See Virginia Code 54.1-2600
• Authority: means the Virginia Resources Authority. See Virginia Code 36-156.1
• Biological nutrient removal technology: means technology that will typically achieve at least an 8 mg/L total nitrogen concentration or at least a 1 mg/L total phosphorus concentration in effluent discharges. See Virginia Code 10.1-2117
• Board: means the Board of Housing and Community Development. See Virginia Code 36-141
• Board: means the Board of Housing and Community Development. See Virginia Code 36-152
• Board: means the Board of Audiology and Speech-Language Pathology. See Virginia Code 54.1-2600
• Board: means the State Water Control Board. See Virginia Code 10.1-2123
• Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
• Bureau: means the Virginia Department of State Police, Bureau of Criminal Investigation, Drug Diversion Unit. See Virginia Code 54.1-2519
• Chesapeake Bay Agreement: means the Chesapeake Bay Agreement of 2000 and any amendments thereto. See Virginia Code 10.1-2117
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Commission: means the Judicial Inquiry and Review Commission provided for in Article VI, § 10 of the Constitution of Virginia. See Virginia Code 17.1-900
• Committee: means the Health Practitioners' Monitoring Program Committee as described in § Virginia Code 54.1-2515
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Contract: means a written agreement between a practitioner and the Committee providing the terms and conditions of program participation or a written agreement entered into by the Director for the implementation of monitoring services. See Virginia Code 54.1-2515
• Controlled substance: means a drug, substance or immediate precursor in Schedules I through VI of the Drug Control Act, Chapter 34 (§ Virginia Code 54.1-2519
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Covered substance: means all controlled substances included in Schedules II, III, and IV; controlled substances included in Schedule V for which a prescription is required; naloxone; and all drugs of concern that are required to be reported to the Prescription Monitoring Program, pursuant to this chapter. See Virginia Code 54.1-2519
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defective drywall: means drywall or similar building material composed of dried gypsum-based plaster that (i) contains elemental sulfur exceeding 10 parts per million as has been found in some drywall manufactured in the People's Republic of China and imported into the United States between 2004 and 2007 and, when exposed to heat, humidity, or both, releases elevated levels of hydrogen sulfide gas into the air or (ii) has been designated by the U. See Virginia Code 36-156.1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Housing and Community Development. See Virginia Code 36-131
• Department: means the Department of Housing and Community Development. See Virginia Code 36-141
• Department: means the Department of Housing and Community Development. See Virginia Code 36-152
• Department: means the Department of Housing and Community Development. See Virginia Code 36-156.1
• Department: means the Virginia Department of Health Professions. See Virginia Code 54.1-2519
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-2120
• Department: means the Department of Environmental Quality. See Virginia Code 10.1-2123
• Derelict structures: means residential, commercial or industrial structures which are no longer being used for a place of habitation, business or industry and which are in such poor condition as to cause a blight upon the neighborhood in which any such structure is located. See Virginia Code 36-152
• Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-131
• Director: means the Director of the Department of Housing and Community Development. See Virginia Code 36-156.1
• Director: means the Director of the Virginia Department of Health Professions. See Virginia Code 54.1-2519
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2120
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-2123
• Disciplinary action: means any proceeding that may lead to a monetary penalty or probation or to a reprimand, restriction, revocation, suspension, denial, or other order relating to the license, certificate, registration, or multistate privilege of a health care practitioner issued by a health regulatory board. See Virginia Code 54.1-2515
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dispense: means to deliver a controlled substance to an ultimate user, research subject, or owner of an animal patient by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling or compounding necessary to prepare the substance for that delivery. See Virginia Code 54.1-2519
• Dispenser: means a person or entity that (i) is authorized by law to dispense a covered substance or to maintain a stock of covered substances for the purpose of dispensing, and (ii) dispenses the covered substance to a citizen of the Commonwealth regardless of the location of the dispenser, or who dispenses such covered substance from a location in Virginia regardless of the location of the recipient. See Virginia Code 54.1-2519
• Docket: A log containing brief entries of court proceedings.
• Eligible nonsignificant discharger: means any publicly owned treatment works that is not a significant discharger but due to expansion or new construction is subject to a technology-based standard under § Virginia Code 10.1-2117
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: includes a guardian, committee, trustee, executor, conservator, or personal representative. See Virginia Code 64.2-100
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the Virginia Housing Trust Fund created by this chapter. See Virginia Code 36-141
• Fund: means the Virginia Removal or Rehabilitation of Derelict Structures Fund created by this chapter. See Virginia Code 36-152
• Fund: means the Virginia Defective Drywall Correction and Restoration Assistance Fund. See Virginia Code 36-156.1
• Fund: means the Virginia Water Quality Improvement Fund established by Article 4 (§ Virginia Code 10.1-2117
• Fund: means the Virginia Water Quality Improvement Fund established by § Virginia Code 10.1-2127.1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• HDA: means the Virginia Housing Development Authority created in Chapter 1. See Virginia Code 36-141
• Housing sponsor: means individuals, joint ventures, partnerships, limited partnerships, public bodies, trusts, firms, associations, or other legal entities or any combination thereof, corporations, cooperatives and condominiums, approved by the Department of Housing and Community Development as qualified either to own, construct, acquire, rehabilitate, operate, manage or maintain a housing development, whether nonprofit or organized for limited profit subject to the regulatory powers of the Department of Housing and Community Development and other terms and conditions set forth in this chapter. See Virginia Code 36-141
• Impairment: means a physical or mental disability, including but not limited to substance abuse, that substantially alters the ability of a practitioner to practice his profession with safety to his patients and the public. See Virginia Code 54.1-2515
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Institutions of higher education: means any educational institution meeting the requirements of § Virginia Code 10.1-2117
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judge: means a justice of the Supreme Court, judge of the Court of Appeals, judge of a circuit or district court, member of the State Corporation Commission, or a member of the Virginia Workers' Compensation Commission and includes (i) persons who have been elected or appointed to be judges but have not taken the oath of office as judge as well as persons who have taken such oath, (ii) judges designated under § Virginia Code 17.1-900
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Local government: means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing. See Virginia Code 36-156.1
• Local government: means any county, city, town, municipal corporation, authority, district, commission or political subdivision of the Commonwealth. See Virginia Code 10.1-2117
• locality: means any county, city or town in the Commonwealth. See Virginia Code 36-152
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nonpoint source pollution: means pollution of state waters washed from the land surface in a diffuse manner and not resulting from a discernible, defined or discrete conveyance. See Virginia Code 10.1-2117
• Nutrient removal technology: means state-of-the-art nutrient removal technology, biological nutrient removal technology, or other nutrient removal technology. See Virginia Code 10.1-2117
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Personal representative: includes the executor under a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 64.2-100
• Point source pollution: means pollution of state waters resulting from any discernible, defined or discrete conveyances. See Virginia Code 10.1-2117
• Practice of audiology: means the practice of conducting measurement, testing and evaluation relating to hearing and vestibular systems, including audiologic and electrophysiological measures, and conducting programs of identification, hearing conservation, habilitation, and rehabilitation for the purpose of identifying disorders of the hearing and vestibular systems and modifying communicative disorders related to hearing loss, including but not limited to vestibular evaluation, limited cerumen management, electrophysiological audiometry and cochlear implants. See Virginia Code 54.1-2600
• Practice of speech-language pathology: means the practice of facilitating development and maintenance of human communication through programs of screening, identifying, assessing and interpreting, diagnosing, habilitating and rehabilitating speech-language disorders, including but not limited to:

  1. See Virginia Code 54.1-2600

• Practitioner: means any individual regulated by any health regulatory board listed in § Virginia Code 54.1-2515
• Prescriber: means a practitioner licensed in the Commonwealth who is authorized pursuant to §§ Virginia Code 54.1-2519
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Program: means the Health Practitioners' Monitoring Program established pursuant to § Virginia Code 54.1-2515
• Publicly owned treatment works: means a publicly owned sewage collection system consisting of pipelines or conduits, pumping stations and force mains, and all other construction, devices, and appliances appurtenant thereto, or any equipment, plant, treatment works, structure, machinery, apparatus, interest in land, or any combination of these, not including an onsite sewage system, that is used, operated, acquired, or constructed for the storage, collection, treatment, neutralization, stabilization, reduction, recycling, reclamation, separation, or disposal of wastewater, or for the final disposal of residues resulting from the treatment of sewage, including but not limited to: treatment or disposal plants; outfall sewers, interceptor sewers, and collector sewers; pumping and ventilating stations, facilities, and works; and other real or personal property and appurtenances incident to their development, use, or operation. See Virginia Code 10.1-2117
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recipient: means a person who receives a covered substance from a dispenser and includes the owner of an animal patient. See Virginia Code 54.1-2519
• Relevant health regulatory board: means any such board that licenses persons or entities with the authority to prescribe or dispense covered substances, including the Board of Dentistry, the Board of Medicine, the Board of Veterinary Medicine, and the Board of Pharmacy. See Virginia Code 54.1-2519
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Residential housing: means a specific work or improvement within this Commonwealth, whether multi-family residential housing or single-family residential housing undertaken primarily to provide dwelling accommodations, including the acquisition, construction, rehabilitation, preservation or improvement of land, buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental, related, or appurtenant thereto. See Virginia Code 36-141
• Service of process: The service of writs or summonses to the appropriate party.
• Significant discharger: means (i) a publicly owned treatment works discharging to the Chesapeake Bay watershed with a design capacity of 0. See Virginia Code 10.1-2117
• Speech-language disorders: means disorders in fluency, speech articulation, voice, receptive and expressive language (syntax, morphology, semantics, pragmatics), swallowing disorders, and cognitive communication functioning. See Virginia Code 54.1-2600
• Speech-language pathologist: means any person who engages in the practice of speech-language pathology. See Virginia Code 54.1-2600
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• state agency: means the same as that term is defined in § Virginia Code 1-206
• State waters: means all waters on the surface or under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdictions. See Virginia Code 10.1-2117
• Subpoena: A command to a witness to appear and give testimony.
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means a trustee under a probated will or an inter vivos trust instrument. See Virginia Code 64.2-100
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Water Quality Improvement Grants: means grants available from the Fund for projects of local governments, institutions of higher education, and individuals (i) to achieve nutrient reduction goals in regulations, permits, or the Chesapeake Bay TMDL Watershed Implementation Plan or (ii) to achieve other water quality restoration, protection or enhancement benefits. See Virginia Code 10.1-2117