2006 Code of Virginia § 62.1-44.3 - Definitions

62.1-44.3. Definitions.

Unless a different meaning is required by the context, the following terms asused in this chapter shall have the meanings hereinafter respectivelyascribed to them:

"Board" means the State Water Control Board.

"Member" means a member of the Board.

"Certificate" means any certificate issued by the Board.

"State waters" means all water, on the surface and under the ground, whollyor partially within or bordering the Commonwealth or within its jurisdiction,including wetlands.

"Owner" means the Commonwealth or any of its political subdivisions,including, but not limited to, sanitation district commissions andauthorities, and any public or private institution, corporation, association,firm or company organized or existing under the laws of this or any otherstate or country, or any officer or agency of the United States, or anyperson or group of persons acting individually or as a group that owns,operates, charters, rents, or otherwise exercises control over or isresponsible for any actual or potential discharge of sewage, industrialwastes, or other wastes to state waters, or any facility or operation thathas the capability to alter the physical, chemical, or biological propertiesof state waters in contravention of 62.1-44.5.

"Pollution" means such alteration of the physical, chemical or biologicalproperties of any state waters as will or is likely to create a nuisance orrender such waters (a) harmful or detrimental or injurious to the publichealth, safety or welfare, or to the health of animals, fish or aquatic life;(b) unsuitable with reasonable treatment for use as present or possiblefuture 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 statewaters, or a discharge or deposit of sewage, industrial wastes or otherwastes to state waters by any owner which by itself is not sufficient tocause pollution, but which, in combination with such alteration of ordischarge or deposit to state waters by other owners, is sufficient to causepollution; (ii) the discharge of untreated sewage by any owner into statewaters; and (iii) contributing to the contravention of standards of waterquality duly established by the Board, are "pollution" for the terms andpurposes of this chapter.

"Sewage" means the water-carried human wastes from residences, buildings,industrial establishments or other places together with such industrialwastes and underground, surface, storm, or other water as may be present.

"Industrial wastes" means liquid or other wastes resulting from any processof industry, manufacture, trade or business, or from the development of anynatural resources.

"Other wastes" means decayed wood, sawdust, shavings, bark, lime, garbage,refuse, ashes, offal, tar, oil, chemicals, and all other substances, exceptindustrial wastes and sewage, which may cause pollution in any state waters.

"Establishment" means any industrial establishment, mill, factory, tannery,paper or pulp mill, mine, coal mine, colliery, breaker or coal-processingoperations, quarry, oil refinery, boat, vessel, and every other industry orplant or works the operation of which produces industrial wastes or otherwastes or which may otherwise alter the physical, chemical or biologicalproperties of any state waters.

"Sewerage system" means pipelines or conduits, pumping stations, and forcemains, and all other construction, devices, and appliances appurtenantthereto, used for conducting sewage or industrial wastes or other wastes to apoint of ultimate disposal.

"Reuse" means the use of reclaimed water for a direct beneficial use or acontrolled use that is in accordance with the requirements of the Board.

"Reclaimed water" means water resulting from the treatment of domestic,municipal or industrial wastewater that is suitable for a direct beneficialor controlled use that would not otherwise occur. Specifically excluded fromthis definition is "gray water."

"Reclamation" means the treatment of domestic, municipal or industrialwastewater or sewage to produce reclaimed water for a direct beneficial orcontrolled use that would not otherwise occur.

"The law" or "this law" means the law contained in this chapter as nowexisting or hereafter amended.

"Rule" means a rule adopted by the Board to regulate the procedure of theBoard pursuant to 62.1-44.15 (7).

"Special order" means a special order issued under subdivisions (8a), (8b),and (8c) of 62.1-44.15.

"Ruling" means a ruling issued under 62.1-44.15 (9).

"Regulation" means a regulation issued under 62.1-44.15 (10).

"Standards" means standards established under subdivisions (3a) and (3b) of 62.1-44.15.

"Policies" means policies established under subdivisions (3a) and (3b) of 62.1-44.15.

"Person" means an individual, corporation, partnership, association,governmental body, municipal corporation or any other legal entity.

"Pretreatment requirements" means any requirements arising under theBoard's pretreatment regulations including the duty to allow or carry outinspections, entry or monitoring activities; any rules, regulations, ororders issued by the owner of a publicly owned treatment works; or anyreporting requirements imposed by the owner of a publicly owned treatmentworks or by the regulations of the Board.

"Pretreatment standards" means any standards of performance or otherrequirements imposed by regulation of the Board upon an industrial user of apublicly owned treatment works.

"Excavate" or "excavation" means ditching, dredging, or mechanizedremoval of earth, soil or rock.

"Normal agricultural activities" means those activities defined as anagricultural operation in 3.1-22.29, and any activity that is conducted aspart of or in furtherance of such agricultural operation, but shall notinclude any activity for which a permit would have been required as ofJanuary 1, 1997, under 33 U.S.C. 1344 or any regulations promulgatedpursuant thereto.

"Normal silvicultural activities" means any silvicultural activity, asdefined in 10.1-1181.1, and any activity that is conducted as part of or infurtherance of such silvicultural activity, but shall not include anyactivity for which a permit would have been required as of January 1, 1997,under 33 U.S.C. 1344 or any regulations promulgated pursuant thereto.

"Sewage treatment works" or "treatment works" means any device or systemused in the storage, treatment, disposal or reclamation of sewage orcombinations of sewage and industrial wastes, including but not limited topumping, power and other equipment, and appurtenances, and any works,including land, that are or will be (i) an integral part of the treatmentprocess or (ii) used for the ultimate disposal of residues or effluentresulting from such treatment. These terms shall not include onsite sewagesystems or alternative discharging sewage systems.

"Wetlands" means those areas that are inundated or saturated by surface orgroundwater at a frequency and duration sufficient to support, and that undernormal circumstances do support, a prevalence of vegetation typically adaptedfor life in saturated soil conditions. Wetlands generally include swamps,marshes, bogs and similar areas.

(Code 1950, 62.1-15; 1968, c. 659; 1970, c. 638; 1988, c. 167; 1990, c.717; 1991, c. 702; 2000, cc. 972, 1032, 1054; 2003, c. 614.)