10.1-1230 - Definitions.
§ 10.1-1230. Definitions.
As used in this chapter:
"Authority" means the Virginia Resources Authority.
"Bona fide prospective purchaser" means a person who acquires ownership, orproposes to acquire ownership of, real property after the release ofhazardous substances occurred.
"Brownfield" means real property; the expansion, redevelopment, or reuseof which may be complicated by the presence or potential presence of ahazardous substance, pollutant, or contaminant.
"Cost" as applied to any project financed under the provisions of thischapter, means the reasonable and necessary costs incurred for carrying outall works and undertakings necessary or incident to the accomplishment of anyproject. It includes, without limitation, all necessary developmental,planning and feasibility studies, surveys, plans and specifications;architectural, engineering, financial, legal or other special services; siteassessments, remediation, containment, and demolition or removal of existingstructures; the costs of acquisition of land and any buildings andimprovements thereon, including the discharge of any obligation of the sellerof such land, buildings or improvements; labor; materials, machinery andequipment; the funding of accounts and reserves that the Authority mayrequire; the reasonable costs of financing incurred by the local governmentin the course of the development of the project; carrying charges incurredprior to completion of the project, and the cost of other items that theAuthority determines to be reasonable and necessary.
"Department" means the Department of Environmental Quality.
"Director" means the Director of the Department of Environmental Quality.
"Fund" means the Virginia Brownfields Restoration and EconomicRedevelopment Assistance Fund.
"Innocent land owner" means a person who holds any title, security interestor any other interest in a brownfield site and who acquired ownership of thereal property after the release of hazardous substances occurred.
"Local government" means any county, city, town, municipal corporation,authority, district, commission, or political subdivision of the Commonwealthcreated by the General Assembly or otherwise created pursuant to the laws ofthe Commonwealth or any combination of the foregoing.
"Partnership" means the Virginia Economic Development Partnership.
"Person" means an individual, corporation, partnership, association,governmental body, municipal corporation, public service authority, or anyother legal entity.
"Project" means all or any part of the following activities necessary ordesirable for the restoration and redevelopment of a brownfield site: (i)environmental or cultural resource site assessments, (ii) monitoring,remediation, cleanup, or containment of property to remove hazardoussubstances, hazardous wastes, solid wastes or petroleum, (iii) the lawful andnecessary removal of human remains, the appropriate treatment of grave sites,and the appropriate and necessary treatment of significant archaeologicalresources, or the stabilization or restoration of structures listed on oreligible for the Virginia Historic Landmarks Register, (iv) demolition andremoval of existing structures, or other site work necessary to make a siteor certain real property usable for economic development, and (v) developmentof a remediation and reuse plan.
(2002, c. 378.)