Terms Used In Virginia Code > Title 62.1 > Chapter 3.1 - State Water Control Law

• Aboveground storage tanks: means any one or combination of tanks, including pipes used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. See Virginia Code 62.1-44.34:8
• Aboveground storage tanks: means any one or combination of tanks, including pipes used to contain an accumulation of oil at atmospheric pressure, and the volume of which, including the volume of the pipes, is more than ninety percent above the surface of the ground. See Virginia Code 62.1-44.34:10
• Agreement in lieu of a plan: means a contract between the VESMP authority or the Board acting as a VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of this article for the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; such contract may be executed by the VESMP authority in lieu of a soil erosion control and stormwater management plan or by the Board acting as a VSMP authority in lieu of a stormwater management plan. See Virginia Code 62.1-44.15:24
• Agreement in lieu of a plan: means a contract between the VESCP authority and the owner that specifies conservation measures that must be implemented in the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; this contract may be executed by the VESCP authority in lieu of a formal site plan. See Virginia Code 62.1-44.15:51
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Applicant: means any person submitting a soil erosion control and stormwater management plan to a VESMP authority, or a stormwater management plan to the Board when it is serving as a VSMP authority, for approval in order to obtain authorization to commence a land-disturbing activity. See Virginia Code 62.1-44.15:24
• Applicant: means any person submitting an erosion and sediment control plan for approval in order to obtain authorization for land-disturbing activities to commence. See Virginia Code 62.1-44.15:51
• 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
• Association: means the Virginia Nutrient Credit Exchange Association authorized by this article. See Virginia Code 62.1-44.19:13
• Attenuation: means the rate at which nutrients are reduced through natural processes during transport in water. See Virginia Code 62.1-44.19:13
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficial use: means both instream and offstream uses. See Virginia Code 62.1-44.3
• Biological nutrient removal technology: means (i) technology that will achieve an annual average total nitrogen effluent concentration of eight milligrams per liter and an annual average total phosphorus effluent concentration of one milligram per liter, or (ii) equivalent reductions in loads of total nitrogen and total phosphorus through the recycle or reuse of wastewater as determined by the Department. See Virginia Code 62.1-44.19:13
• Board: means the State Water Control Board. See Virginia Code 62.1-44.3
• Board: means the Virginia Gas and Oil Board. See Virginia Code 45.2-1600
• 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
• Certificate: means any certificate or permit issued by the Department. See Virginia Code 62.1-44.3
• Certified inspector: means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of project inspection or (ii) is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment. See Virginia Code 62.1-44.15:51
• Certified plan reviewer: means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of plan review, (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (§ Virginia Code 62.1-44.15:51
• Certified program administrator: means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment. See Virginia Code 62.1-44.15:51
• Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
• 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
• Clean Water Act: means the Federal Water Pollution Control Act, as amended, (Virginia Code 62.1-44.19:4
• Coal operator: means any person who operates or has the right to operate a coal mine. See Virginia Code 45.2-1600
• Coal owner: means any person who owns, leases, mines and produces, or has the right to mine and produce a coal seam. See Virginia Code 45.2-1600
• Coal seam: includes a stratum of less than 20 inches in thickness if it (i) is being commercially worked or (ii) in the judgment of the Department could foreseeably be commercially worked and will require protection if a well is drilled through it. See Virginia Code 45.2-1600
• Coalbed methane gas: means occluded natural gas produced from coalbeds and rock strata associated with it. See Virginia Code 45.2-1600
• Coalbed methane gas well: means a well capable of producing coalbed methane gas. See Virginia Code 45.2-1600
• Coalbed methane gas well operator: means any person who operates or has been designated to operate a coalbed methane gas well. See Virginia Code 45.2-1600
• Committee: means the PFAS Expert Advisory Committee established in § Virginia Code 62.1-44.34:29
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consortium: means the Virginia Coastal Energy Research Consortium established pursuant to Article 5 (§ Virginia Code 45.2-1700
• Containment and cleanup: means abatement, containment, removal and disposal of oil and, to the extent possible, the restoration of the environment to its existing state prior to an oil discharge. See Virginia Code 62.1-44.34:14
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Council: means the Virginia Spill Response Council. See Virginia Code 62.1-44.34:24
• credit: means a nutrient reduction that is certified pursuant to this article and expressed in pounds of phosphorus or nitrogen either (i) delivered to tidal waters when the credit is generated within the Chesapeake Bay Watershed or (ii) as otherwise specified when generated in the Southern Rivers watersheds. See Virginia Code 62.1-44.19:13
• CWA: means the federal Clean Water Act (Virginia Code 62.1-44.15:24
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivered total nitrogen load: means the discharged mass load of total nitrogen from a point source that is adjusted by the delivery factor for that point source. See Virginia Code 62.1-44.19:13
• Delivered total phosphorus load: means the discharged mass load of total phosphorus from a point source that is adjusted by the delivery factor for that point source. See Virginia Code 62.1-44.19:13
• Delivery factor: means an estimate of the number of pounds of total nitrogen or total phosphorus delivered to tidal waters for every pound discharged from a permitted facility, as determined by the specific geographic location of the permitted facility, to account for attenuation that occurs during riverine transport between the permitted facility and tidal waters. See Virginia Code 62.1-44.19:13
• Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.3
• Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.15:24
• Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.15:51
• Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.19:13
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• DEQ: means the Department of Environmental Quality. See Virginia Code 45.2-1600
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 62.1-44.3
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 62.1-44.15:24
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 62.1-44.15:51
• Discharge: means any spilling, leaking, pumping, pouring, emitting, emptying or dumping. See Virginia Code 62.1-44.34:14
• Discharge: means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, injecting, escaping, leaching, fire, explosion, or other releases. See Virginia Code 62.1-44.34:24
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Renewable Energy and Energy Efficiency of the Department of Energy. See Virginia Code 45.2-1700
• Drilling unit: means the acreage on which one gas or oil well may be drilled. See Virginia Code 45.2-1600
• ENRC Program: means the Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program established pursuant to subsection G of § Virginia Code 62.1-44.19:13
• EPA: means the U. See Virginia Code 62.1-44.34:29
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Equivalent load: means 2,300 pounds per year of total nitrogen and 300 pounds per year of total phosphorus at a flow volume of 40,000 gallons per day; 5,700 pounds per year of total nitrogen and 760 pounds per year of total phosphorus at a flow volume of 100,000 gallons per day; and 28,500 pounds per year of total nitrogen and 3,800 pounds per year of total phosphorus at a flow volume of 500,000 gallons per day. See Virginia Code 62.1-44.19:13
• Erosion impact area: means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. See Virginia Code 62.1-44.15:24
• Erosion impact area: means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. See Virginia Code 62.1-44.15:51
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Establishment: means any industrial establishment, mill, factory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or coal-processing operations, quarry, oil refinery, boat, vessel, and every other industry or plant or works the operation of which produces industrial wastes or other wastes or which may otherwise alter the physical, chemical or biological properties of any state waters. See Virginia Code 62.1-44.3
• 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.
• excavation: means ditching, dredging, or mechanized removal of earth, soil or rock. See Virginia Code 62.1-44.3
• Executor: A male person named in a will to carry out the decedent
• Exploratory well: means any well drilled to (i) find and produce gas or oil in an unproven area, (ii) find a new reservoir in a field previously found to be productive of gas or oil in another reservoir, or (iii) extend the limits of a known gas or oil reservoir. See Virginia Code 45.2-1600
• Facility: means a point source discharging or proposing to discharge total nitrogen or total phosphorus to the Chesapeake Bay or its tributaries. See Virginia Code 62.1-44.19:13
• Facility: means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes aboveground storage tanks. See Virginia Code 62.1-44.34:8
• Facility: means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes aboveground storage tanks. See Virginia Code 62.1-44.34:10
• Facility: means any development or installation within the Commonwealth that deals in, stores or handles oil, and includes a pipeline. See Virginia Code 62.1-44.34:14
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Farm building or structure: means the same as that term is defined in § 36-97 and also includes any building or structure used for agritourism activity, as defined in § Virginia Code 62.1-44.15:24
• Farm building or structure: means the same as that term is defined in § 36-97 and also includes any building or structure used for agritourism activity, as defined in § Virginia Code 62.1-44.15:51
• First point of sale: means , for oil, the point at which the oil is (i) sold, exchanged, or transferred for value from one person to another person or (ii) when used by the original owner of the oil, transported off the permitted site and delivered to another facility for use by the original owner. See Virginia Code 45.2-1600
• 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.
• Flooding: means a volume of water that is too great to be confined within the banks or walls of the stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage. See Virginia Code 62.1-44.15:24
• 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}
• Fully supporting: means those waters meeting the fishable and swimmable goals of the Clean Water Act. See Virginia Code 62.1-44.19:4
• Fund: means the Virginia Petroleum Storage Tank Fund. See Virginia Code 62.1-44.34:10
• Gas or oil operations: means any (i) activity relating to drilling, redrilling, deepening, stimulating, production, enhanced recovery, converting from one type of a well to another, combining or physically changing to allow the migration of fluid from one formation to another, or plugging or replugging any well; (ii) ground-disturbing activity relating to the development, construction, operation, or abandonment of a gathering pipeline; (iii) development, operation, maintenance, or restoration of any site involved with gas or oil operations; or (iv) work undertaken at a facility used for gas or oil operations. See Virginia Code 45.2-1600
• Gas or oil operator: means any person who operates or has been designated to operate any gas or oil well or gathering pipeline. See Virginia Code 45.2-1600
• Gathering pipeline: means a pipeline that is used or intended for use in the transportation of gas or oil from the well to (i) a transmission pipeline regulated by the U. See Virginia Code 45.2-1600
• General permit: means the general permit authorized by this article. See Virginia Code 62.1-44.19:13
• geophysical operation: means any activity in search of gas or oil that breaks or disturbs the surface of the earth, including road construction or core drilling. See Virginia Code 45.2-1600
• Geophysical operator: means a person who has the right to explore for gas or oil using ground-disturbing geophysical exploration. See Virginia Code 45.2-1600
• Ground-disturbing: means any changing of land that could result in soil erosion from water or wind and the movement of sediments into state waters, including clearing, grading, excavating, drilling, and transporting and filling of land. See Virginia Code 45.2-1600
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Hazardous materials: means substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored, or disposed of, which may include materials which are solid, liquid, or gas. See Virginia Code 62.1-44.34:24
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• HFPO-DA: means hexafluoropropylene oxide dimer acid. See Virginia Code 62.1-44.34:29
• Impaired waters: means those water bodies or water body segments that are not fully supporting or are partially supporting of the fishable and swimmable goals of the Clean Water Act and include those waters identified in subdivision C 1 of § Virginia Code 62.1-44.19:4
• 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
• Industrial wastes: means liquid or other wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resources. See Virginia Code 62.1-44.3
• Injection well: means any well used to inject or otherwise place any substance associated with gas or oil operations into the earth or underground strata for disposal, storage, or enhanced recovery. See Virginia Code 45.2-1600
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means the Virginia Gas and Oil Inspector appointed by the Director pursuant to § Virginia Code 45.2-1600
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• 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.
• Land-disturbance approval: means an approval allowing a land-disturbing activity to commence issued by (i) a Virginia Erosion and Stormwater Management Program authority after the requirements of § Virginia Code 62.1-44.3
• Land-disturbance approval: means the same as that term is defined in § Virginia Code 62.1-44.15:24
• land-disturbing activity: means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including construction activity such as the clearing, grading, excavating, or filling of land. See Virginia Code 62.1-44.15:24
• land-disturbing activity: means any man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land. See Virginia Code 62.1-44.15:51
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• map: means a map, drawing, or print showing the location of a well, mine, or quarry, or other information required under this chapter. See Virginia Code 45.2-1600
• Member: means a member of the Board. See Virginia Code 62.1-44.3
• Mine: includes all of the land or property of the mining plant, including both the surface and subsurface, that is used in or contributes directly or indirectly to the mining, concentration, or handling of the mineral resources, including all roads. See Virginia Code 45.2-1600
• Mineral: means the same as that term is defined in § Virginia Code 45.2-1600
• Mineral owner: means any person who owns minerals, leases minerals, mines and produces minerals, or has the right to mine and produce minerals and to appropriate such minerals that he produces from it, either for himself or for himself and others. See Virginia Code 45.2-1600
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipal separate storm sewer: means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system or "MS4" including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:

  1. See Virginia Code 62.1-44.3

• Municipal Separate Storm Sewer System Management Program: means a management program covering the duration of a permit for a municipal separate storm sewer system that includes a comprehensive planning process that involves public participation and intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable, to protect water quality, and to satisfy the appropriate water quality requirements of the CWA and regulations, and this article and its attendant regulations, using management practices, control techniques, and system, design, and engineering methods, and such other provisions that are appropriate. See Virginia Code 62.1-44.15:24
• Natural channel design concepts: means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain. See Virginia Code 62.1-44.15:24
• Natural channel design concepts: means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain. See Virginia Code 62.1-44.15:51
• natural gas: means all natural gas, whether hydrocarbon, nonhydrocarbon, or any combination or mixture thereof, including hydrocarbons, hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casing head gas, and all other fluids not defined as oil pursuant to this section. See Virginia Code 45.2-1600
• Nonpoint source pollution: means pollution such as sediment, nitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed from the land surface in a diffuse manner by stormwater. See Virginia Code 62.1-44.15:24
• Normal agricultural activities: means those activities defined as an agricultural operation in § Virginia Code 62.1-44.3
• Normal silvicultural activities: means any silvicultural activity as defined in § Virginia Code 62.1-44.3
• Nutrient credit-generating entity: means an entity that generates nonpoint source nutrient credits. See Virginia Code 62.1-44.19:13
• 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.
• Oil: means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Virginia Code 62.1-44.34:8
• Oil: means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Virginia Code 62.1-44.34:10
• Oil: means oil of any kind and in any form, including, but not limited to, petroleum and petroleum by-products, fuel oil, lubricating oils, sludge, oil refuse, oil mixed with other wastes, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Virginia Code 62.1-44.34:14
• Oil: means oil of any kind and in any form including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with waste, crude oils, and other liquid hydrocarbons regardless of specific gravity. See Virginia Code 62.1-44.34:24
• Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and are not the result of condensation of gas after it leaves the underground reservoir. See Virginia Code 45.2-1600
• Operator: means any person who owns, operates, charters, rents or otherwise exercises control over or responsibility for a facility or a vehicle or vessel. See Virginia Code 62.1-44.34:14
• Operator of a facility: means any person who owns, operates, rents or otherwise exercises control over or responsibility for a facility. See Virginia Code 62.1-44.34:10
• Operator of an underground storage tank: means any person in control of, or having responsibility for, the daily operation of the underground storage tank. See Virginia Code 62.1-44.34:8
• Operator of an underground storage tank: means any person in control of, or having responsibility for, the daily operation of the underground storage tank. See Virginia Code 62.1-44.34:10
• Orphaned well: means any well abandoned prior to July 1, 1950, or for which no records exist concerning its drilling, plugging, or abandonment. See Virginia Code 45.2-1600
• Other wastes: means decayed wood, sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chemicals, and all other substances except industrial wastes and sewage which may cause pollution in any state waters. See Virginia Code 62.1-44.3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § Virginia Code 62.1-44.3
• Owner: means the same as that term is defined in § Virginia Code 62.1-44.15:24
• Owner: means the same as provided in § Virginia Code 62.1-44.15:51
• Owner of an underground storage tank: means :

  1. See Virginia Code 62.1-44.34:10

• 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.
• Peak flow rate: means the maximum instantaneous flow from a prescribed design storm at a particular location. See Virginia Code 62.1-44.15:24
• Peak flow rate: means the maximum instantaneous flow from a given storm condition at a particular location. See Virginia Code 62.1-44.15:51
• Permit: means a Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Board pursuant to § Virginia Code 62.1-44.15:24
• Permitted facility: means a facility authorized by the general permit to discharge total nitrogen or total phosphorus. See Virginia Code 62.1-44.19:13
• Permittee: means the person to whom the permit is issued. See Virginia Code 62.1-44.15:24
• Permittee: means a person authorized by the general permit to discharge total nitrogen or total phosphorus. See Virginia Code 62.1-44.19:13
• Permittee: means any gas, oil, or geophysical operator holding a permit for gas, oil, or geophysical operations issued under authority of this chapter. See Virginia Code 45.2-1600
• Person: means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 62.1-44.3
• Person: means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity. See Virginia Code 62.1-44.15:51
• Person: means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, any state or agency thereof, municipality, county, town, commission, political subdivision of a state, any interstate body, consortium, joint venture, commercial entity, the government of the United States or any unit or agency thereof. See Virginia Code 62.1-44.34:8
• Person: means an individual, trust, firm, joint stock company, corporation, including a government corporation, partnership, association, any state or agency thereof, municipality, county, town, commission, political subdivision of a state, any interstate body, consortium, joint venture, commercial entity, the government of the United States or any unit or agency thereof. See Virginia Code 62.1-44.34:10
• Person: means any firm, corporation, association or partnership, one or more individuals, or any governmental unit or agency thereof. See Virginia Code 62.1-44.34:14
• 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
• PFAS: includes HFPO-DA, PFBS, PFHxS, PFNA, PFOA, and PFOS. See Virginia Code 62.1-44.34:29
• PFAS MCL: means any maximum contaminant level for any PFAS chemical or mixture of PFAS chemicals (i) established by the EPA as a national primary drinking water regulation or (ii) for the interim period of time between the EPA's proposal and final agency action for adopting a national primary drinking water regulation, the EPA's proposed level, provided that the EPA's proposed level may be used only for nonregulatory purposes of self-reporting of manufacturing or use, monitoring, and PFAS assessments as provided in this article. See Virginia Code 62.1-44.34:29
• PFBS: means perfluorobutane sulfonate. See Virginia Code 62.1-44.34:29
• PFHxS: means perfluorohexane sulfonate. See Virginia Code 62.1-44.34:29
• PFNA: means perfluorononanoic acid. See Virginia Code 62.1-44.34:29
• PFOA: means perfluorooctanoic acid. See Virginia Code 62.1-44.34:29
• PFOS: means perfluorooctane sulfonate. See Virginia Code 62.1-44.34:29
• Pipeline: means all new and existing pipe, rights-of-way, and any equipment, facility, or building used in the transportation of oil, including, but not limited to, line pipe, valves and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated assemblies therein, and breakout tanks. See Virginia Code 62.1-44.34:14
• Pipeline: means any pipe above or below the ground used or to be used to transport gas or oil. See Virginia Code 45.2-1600
• plan: means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to this article. See Virginia Code 62.1-44.15:24
• plan: means a document containing material for the conservation of soil and water resources of a unit or group of units of land. See Virginia Code 62.1-44.15:51
• Plan: means the Virginia Energy Plan prepared pursuant to Article 4 (§ Virginia Code 45.2-1700
• Policies: means policies established under subdivisions (3a) and (3b) of § Virginia Code 62.1-44.3
• Pollution: means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are "pollution" for the terms and purposes of this chapter. See Virginia Code 62.1-44.3
• Pool: means an underground accumulation of gas or oil in a single and separate natural reservoir. See Virginia Code 45.2-1600
• Pretreatment standards: means any standards of performance or other requirements imposed by regulation of the Board upon an industrial user of a publicly owned treatment works. See Virginia Code 62.1-44.3
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public water system: means a system that provides piped water for human consumption and (i) serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents or (ii) regularly serves at least 25 of the same persons over six months of the year. See Virginia Code 62.1-44.34:29
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reclaimed water: means water resulting from the treatment of domestic, municipal, or industrial wastewater that is suitable for a direct beneficial or controlled use that would not otherwise occur. See Virginia Code 62.1-44.3
• Reclamation: means the treatment of domestic, municipal, or industrial wastewater or sewage to produce reclaimed water for a direct beneficial or controlled use that would not otherwise occur. See Virginia Code 62.1-44.3
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• regulated substance: includes :

  1. See Virginia Code 62.1-44.34:8

• Regulation: means a regulation issued under subdivision (10) of § Virginia Code 62.1-44.3
• Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or facility into ground water, surface water, or upon lands, subsurface soils or storm drain systems. See Virginia Code 62.1-44.34:8
• Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or facility into ground water, surface water, or upon lands, subsurface soils or storm drain systems. See Virginia Code 62.1-44.34:10
• Responsible person: means any person who is an owner or operator of an underground storage tank or an aboveground storage tank at the time the release is reported to the Board. See Virginia Code 62.1-44.34:10
• Restoration: means all activity required to return a permitted site to other use after gas, oil, or geophysical operations have ended, as approved in the operations plan for the permitted site. See Virginia Code 45.2-1600
• Reuse: means the use of reclaimed water for a direct beneficial use or a controlled use that is in accordance with the requirements of the Board. See Virginia Code 62.1-44.3
• Royalty owner: means any owner of gas or oil in place, or owner of gas or oil rights, who is eligible to receive payment based on the production of gas or oil. See Virginia Code 45.2-1600
• Rule: means a rule adopted by the Board to regulate the procedure of the Board pursuant to subdivision (7) of § Virginia Code 62.1-44.3
• Ruling: means a ruling issued under subdivision (9) of § Virginia Code 62.1-44.3
• Runoff volume: means the volume of water that runs off the land development project from a prescribed storm event. See Virginia Code 62.1-44.15:24
• Runoff volume: means the volume of water that runs off the land development project from a prescribed storm event. See Virginia Code 62.1-44.15:51
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewage: means the water-carried human wastes from residences, buildings, industrial establishments or other places together with such industrial wastes and underground, surface, storm, or other water as may be present. See Virginia Code 62.1-44.3
• Sewerage system: means pipelines or conduits, pumping stations, and force mains, and all other construction, devices, and appliances appurtenant thereto, used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal. See Virginia Code 62.1-44.3
• Small construction activity: means :

  1. See Virginia Code 62.1-44.15:24

• Soil erosion: means the movement of soil by wind or water into state waters or onto lands in the Commonwealth. See Virginia Code 62.1-44.15:24
• Soil erosion: means the movement of soil by wind or water into state waters or onto lands in the Commonwealth. See Virginia Code 62.1-44.15:51
• Special order: means a special order issued under subdivisions (8a), (8b), and (8c) of § Virginia Code 62.1-44.3
• Standards: means standards established under subdivisions (3a) and (3b) of § Virginia Code 62.1-44.3
• 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 water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. See Virginia Code 62.1-44.3
• State waters: means all water, on the surface and under the ground, that is wholly or partially within or bordering the Commonwealth or within its jurisdiction and that affects the public welfare. See Virginia Code 45.2-1600
• State-of-the-art nutrient removal technology: means (i) technology that will achieve an annual average total nitrogen effluent concentration of three milligrams per liter and an annual average total phosphorus effluent concentration of 0. See Virginia Code 62.1-44.19:13
• Statute: A law passed by a legislature.
• Stormwater management plan: means a document containing material describing methods for complying with the requirements of a VSMP. See Virginia Code 62.1-44.15:24
• Subdivision: means the same as that term is defined in § Virginia Code 62.1-44.15:24
• Summons: Another word for subpoena used by the criminal justice system.
• Supreme Court: means the Supreme Court of Virginia. See Virginia Code 1-249
• Surface owner: means any person who is the owner of record of the surface of the land. See Virginia Code 45.2-1600
• Tank: means a device designed to contain an accumulation of oil and constructed of nonearthen materials, such as concrete, steel or plastic, which provide structural support. See Virginia Code 62.1-44.34:14
• Tank vessel: means any vessel used in the transportation of oil as cargo. See Virginia Code 62.1-44.34:14
• Testify: Answer questions in court.
• this law: means the law contained in this chapter as now existing or hereafter amended. See Virginia Code 62.1-44.3
• Town: means an incorporated town. See Virginia Code 62.1-44.15:51
• 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
• toxics: means any agent or material listed by the USEPA Administrator pursuant to § 307(a) of the Clean Water Act and those substances on the "toxics of concern" list of the Chesapeake Bay Program as of January 1, 1997. See Virginia Code 62.1-44.19:4
• treatment works: means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment, and appurtenances, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluent resulting from such treatment. See Virginia Code 62.1-44.3
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tributaries: means those river basins listed in the Chesapeake Bay TMDL and includes the Potomac, Rappahannock, York, and James River Basins, and the Eastern Shore, which encompasses the creeks and rivers of the Eastern Shore of Virginia that are west of Route 13 and drain into the Chesapeake Bay. See Virginia Code 62.1-44.19:13
• Trustee: A person or institution holding and administering property in trust.
• Underground storage tank: means any one or combination of tanks, including connecting pipes, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground connecting pipes, is ten percent or more beneath the surface of the ground. See Virginia Code 62.1-44.34:8
• Underground storage tank: means any one or combination of tanks, including connecting pipes, used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground connecting pipes, is ten percent or more beneath the surface of the ground. See Virginia Code 62.1-44.34:10
• 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
• VDH: means the Virginia Department of Health. See Virginia Code 62.1-44.34:29
• Vehicle: means any motor vehicle, rolling stock or other artificial contrivance for transport whether self-propelled or otherwise, except vessels. See Virginia Code 62.1-44.34:14
• VESCP: means a program approved by the Board that is established by a VESCP authority pursuant to Article 2. See Virginia Code 62.1-44.15:24
• VESCP: means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of this article. See Virginia Code 62.1-44.15:51
• VESCP authority: means a locality that is approved by the Board to operate a Virginia Erosion and Sediment Control Program in accordance with Article 2. See Virginia Code 62.1-44.15:24
• VESCP authority: means a locality approved by the Board to operate a Virginia Erosion and Sediment Control Program. See Virginia Code 62.1-44.15:51
• VESMP: means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. See Virginia Code 62.1-44.15:24
• VESMP authority: means the Board or a locality approved by the Board to operate a Virginia Erosion and Stormwater Management Program. See Virginia Code 62.1-44.15:24
• Vessel: includes every description of watercraft or other contrivance used as a means of transporting on water, whether self-propelled or otherwise, and shall include barges and tugs. See Virginia Code 62.1-44.34:14
• VPDES: means the Virginia Pollutant Discharge Elimination System. See Virginia Code 62.1-44.34:29
• VSMP: means a program established by the Board pursuant to § Virginia Code 62.1-44.15:24
• VSMP: means a program established by the Board pursuant to § Virginia Code 62.1-44.15:51
• VSMP authority: means the Board when administering a VSMP on behalf of a locality that, pursuant to subdivision B 3 of § Virginia Code 62.1-44.15:24
• Waste load allocation: means (i) the water quality-based annual mass load of total nitrogen or annual mass load of total phosphorus allocated to individual facilities pursuant to the Water Quality Management Planning Regulation (Virginia Code 62.1-44.19:13
• Water quality technical criteria: means standards set forth in regulations adopted pursuant to this article that establish minimum design criteria for measures to control nonpoint source pollution. See Virginia Code 62.1-44.15:24
• Water quantity technical criteria: means standards set forth in regulations adopted pursuant to this article that establish minimum design criteria for measures to control localized flooding and stream channel erosion. See Virginia Code 62.1-44.15:24
• Water well: means any well drilled, bored, or dug into the earth for the sole purpose of extracting from it potable, fresh, or usable water for household, domestic, industrial, agricultural, or public use. See Virginia Code 45.2-1600
• Watershed: means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. See Virginia Code 62.1-44.15:24
• Well: means any shaft or hole sunk, drilled, bored, or dug into the earth or into underground strata for the extraction, injection, or placement of any gaseous or liquid substance or any shaft or hole sunk or used in conjunction with such extraction, injection, or placement. See Virginia Code 45.2-1600
• Wetlands: means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. See Virginia Code 62.1-44.3