15.2-5101 - Definitions.
§ 15.2-5101. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Authority" means an authority created under the provisions of § 15.2-5102or Article 6 (§ 15.2-5152 et seq.) of this chapter or, if any such authorityhas been abolished, the entity succeeding to the principal functions thereof.
"Bonds" and "revenue bonds" include notes, bonds, bond anticipationnotes, and other obligations of an authority for the payment of money.
"Cost," as applied to a system, includes the purchase price of the systemor the cost of acquiring all of the capital stock of the corporation owningsuch system and the amount to be paid to discharge all of its obligations inorder to vest title to the system or any part thereof in the authority; thecost of improvements; the cost of all land, properties, rights, easements,franchises and permits acquired; the cost of all labor, machinery andequipment; financing and credit enhancement charges; interest prior to andduring construction and for one year after completion of construction; anydeposit to any bond interest and principal reserve account, start-up costsand reserves and expenditures for operating capital; cost of engineering andlegal services, plans, specifications, surveys, estimates of costs andrevenues; other expenses necessary or incident to the determining of thefeasibility or practicability of any such acquisition, improvement, orconstruction; administrative expenses and such other expenses as may benecessary or incident to the financing authorized in this chapter and to theacquisition, improvement, or construction of any such system and the placingof the system in operation by the authority. Any obligation or expenseincurred by an authority in connection with any of the foregoing items ofcost and any obligation or expense incurred by the authority prior to theissuance of revenue bonds under the provisions of this chapter forengineering studies, for estimates of cost and revenues, and for othertechnical or professional services which may be utilized in the acquisition,improvement or construction of such system is a part of the cost of suchsystem.
"Cost of improvements" means the cost of constructing improvements andincludes the cost of all labor and material; the cost of all land, property,rights, easements, franchises, and permits acquired which are deemednecessary for such construction; interest during any period of disuse duringsuch construction; the cost of all machinery and equipment; financingcharges; cost of engineering and legal expenses, plans, specifications; andsuch other expenses as may be necessary or incident to such construction.
"Federal agency" means the United States of America or any department,agency, instrumentality, or bureau thereof.
"Green roof" means a roof or partially covered roof consisting of plants,soil, or another lightweight growing medium that is installed on top of awaterproof membrane and designed in accordance with the Virginia StormwaterManagement Program's standards and specifications for green roofs, as setforth in the Virginia BMP Clearinghouse.
"Improvements" means such repairs, replacements, additions, extensions andbetterments of and to a system as an authority deems necessary to place ormaintain the system in proper condition for the safe, efficient andeconomical operation thereof or to provide service in areas not currentlyreceiving such service.
"Owner" includes persons, federal agencies, and units of the Commonwealthhaving any title or interest in any system, or the services or facilities tobe rendered thereby.
"Political subdivision" means a locality or any institution or commissionof the Commonwealth of Virginia.
"Refuse" means solid waste, including sludge and other discarded material,such as solid, liquid, semi-solid or contained gaseous material resultingfrom industrial, commercial, mining, and agricultural operations or fromcommunity activities or residences. "Refuse" does not include (i) solid anddissolved materials in domestic sewage, (ii) solid or dissolved material inirrigation return flows or in industrial discharges which are sources subjectto a permit from the State Water Control Board, or (iii) source, specialnuclear, or by-product material as defined by the Federal Atomic Energy Actof 1954 (42 U.S.C. § 2011, et seq.), as amended.
"Refuse collection and disposal system" means a system, plant or facilitydesigned to collect, manage, dispose of, or recover and use energy fromrefuse and the land, structures, vehicles and equipment for use in connectiontherewith.
"Sewage" means the water-carried wastes created in and carried, or to becarried, away from residences, hotels, schools, hospitals, industrialestablishments, commercial establishments or any other private or publicbuildings, together with such surface or ground water and household andindustrial wastes as may be present.
"Sewage disposal system" means any system, plant, disposal field, lagoon,pumping station, constructed drainage ditch or surface water interceptingditch, incinerator, area devoted to sanitary landfills, or other works,installed for the purpose of treating, neutralizing, stabilizing or disposingof sewage, industrial waste or other wastes.
"Sewer system" or "sewage system" means pipelines or conduits, pumpingstations, and force mains, and all other constructions, devices, andappliances appurtenant thereto, used for conducting sewage, industrial wastesor other wastes to a plant of ultimate disposal.
"Stormwater control system" means a structural system of any type that isdesigned to manage the runoff from land development projects or naturalsystems designated for such purposes, including, without limitation,retention basins, ponds, wetlands, sewers, conduits, pipelines, pumping andventilating stations, and other plants, structures, and real and personalproperty used for support of the system.
"System" means any sewage disposal system, sewer system, stormwater controlsystem, water or waste system, and for authorities created under Article 6 (§15.2-5152 et seq.) of this chapter, such facilities as may be provided by theauthority under § 15.2-5158.
"Unit" means any department, institution or commission of the Commonwealth;any public corporate instrumentality thereof; any district; or any locality.
"Water or waste system" means any water system, sewer system, sewagedisposal system, or refuse collection and disposal system, or any combinationof such systems. "Water system" means all plants, systems, facilities orproperties used or useful or having the present capacity for future use inconnection with the supply or distribution of water, or facilities incidentthereto, and any integral part thereof, including water supply systems, waterdistribution systems, dams and facilities for the generation or transmissionof hydroelectric power, reservoirs, wells, intakes, mains, laterals, pumpingstations, standpipes, filtration plants, purification plants, hydrants,meters, valves and equipment, appurtenances, and all properties, rights,easements and franchises relating thereto and deemed necessary or convenientby the authority for the operation thereof but not including dams orfacilities for the generation or transmission of hydroelectric power that arenot incident to plants, systems, facilities or properties used or useful orhaving the present capacity for future use in connection with the supply ordistribution of water.
(Code 1950, § 15-764.2; 1950, p. 1312; 1952, c. 430; 1962, c. 623, §15.1-1240; 1970, c. 617; 1979, c. 280; 1982, c. 469; 1997, cc. 527, 573, 587;2006, c. 219; 2009, cc. 402, 473.)