State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-3

§ 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:

"Beneficial use" means both instream and offstream uses. Instreambeneficial uses include, but are not limited to, the protection of fish andwildlife resources and habitat, maintenance of waste assimilation,recreation, navigation, and cultural and aesthetic values. The preservationof instream flows for purposes of the protection of navigation, maintenanceof waste assimilation capacity, the protection of fish and wildlife resourcesand habitat, recreation, cultural and aesthetic values is an instreambeneficial use of Virginia's waters. Offstream beneficial uses include, butare not limited to, domestic (including public water supply), agriculturaluses, electric power generation, commercial, and industrial uses.

"Board" means the State Water Control Board.

"Certificate" means any certificate issued by the Board.

"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.

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

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

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

"Member" means a member of the Board.

"Normal agricultural activities" means those activities defined as anagricultural operation in § 3.2-300 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 any activityfor which a permit would have been required as of January 1, 1997, under 33U.S.C. § 1344 or any regulations promulgated pursuant thereto.

"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.

"Owner" means the Commonwealth or any of its political subdivisions,including but not limited to sanitation district commissions and authoritiesand any public or private institution, corporation, association, firm, orcompany organized or existing under the laws of this or any other state orcountry, or any officer or agency of the United States, or any person orgroup of persons acting individually or as a group that owns, operates,charters, rents, or otherwise exercises control over or is responsible forany actual or potential discharge of sewage, industrial wastes, or otherwastes to state waters, or any facility or operation that has the capabilityto alter the physical, chemical, or biological properties of state waters incontravention of § 62.1-44.5.

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

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

"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 aquaticlife; (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 other wastesto state waters by any owner which by itself is not sufficient to causepollution but which, in combination with such alteration of or discharge ordeposit 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 dulyestablished by the Board, are "pollution" for the terms and purposes ofthis chapter.

"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.

"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.

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

"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.

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

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

"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.

"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.

"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.

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

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

"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.

"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; 2007, c. 659.)

State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-3

§ 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:

"Beneficial use" means both instream and offstream uses. Instreambeneficial uses include, but are not limited to, the protection of fish andwildlife resources and habitat, maintenance of waste assimilation,recreation, navigation, and cultural and aesthetic values. The preservationof instream flows for purposes of the protection of navigation, maintenanceof waste assimilation capacity, the protection of fish and wildlife resourcesand habitat, recreation, cultural and aesthetic values is an instreambeneficial use of Virginia's waters. Offstream beneficial uses include, butare not limited to, domestic (including public water supply), agriculturaluses, electric power generation, commercial, and industrial uses.

"Board" means the State Water Control Board.

"Certificate" means any certificate issued by the Board.

"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.

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

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

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

"Member" means a member of the Board.

"Normal agricultural activities" means those activities defined as anagricultural operation in § 3.2-300 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 any activityfor which a permit would have been required as of January 1, 1997, under 33U.S.C. § 1344 or any regulations promulgated pursuant thereto.

"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.

"Owner" means the Commonwealth or any of its political subdivisions,including but not limited to sanitation district commissions and authoritiesand any public or private institution, corporation, association, firm, orcompany organized or existing under the laws of this or any other state orcountry, or any officer or agency of the United States, or any person orgroup of persons acting individually or as a group that owns, operates,charters, rents, or otherwise exercises control over or is responsible forany actual or potential discharge of sewage, industrial wastes, or otherwastes to state waters, or any facility or operation that has the capabilityto alter the physical, chemical, or biological properties of state waters incontravention of § 62.1-44.5.

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

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

"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 aquaticlife; (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 other wastesto state waters by any owner which by itself is not sufficient to causepollution but which, in combination with such alteration of or discharge ordeposit 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 dulyestablished by the Board, are "pollution" for the terms and purposes ofthis chapter.

"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.

"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.

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

"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.

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

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

"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.

"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.

"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.

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

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

"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.

"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; 2007, c. 659.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-62-1 > Chapter-3-1 > 62-1-44-3

§ 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:

"Beneficial use" means both instream and offstream uses. Instreambeneficial uses include, but are not limited to, the protection of fish andwildlife resources and habitat, maintenance of waste assimilation,recreation, navigation, and cultural and aesthetic values. The preservationof instream flows for purposes of the protection of navigation, maintenanceof waste assimilation capacity, the protection of fish and wildlife resourcesand habitat, recreation, cultural and aesthetic values is an instreambeneficial use of Virginia's waters. Offstream beneficial uses include, butare not limited to, domestic (including public water supply), agriculturaluses, electric power generation, commercial, and industrial uses.

"Board" means the State Water Control Board.

"Certificate" means any certificate issued by the Board.

"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.

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

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

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

"Member" means a member of the Board.

"Normal agricultural activities" means those activities defined as anagricultural operation in § 3.2-300 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 any activityfor which a permit would have been required as of January 1, 1997, under 33U.S.C. § 1344 or any regulations promulgated pursuant thereto.

"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.

"Owner" means the Commonwealth or any of its political subdivisions,including but not limited to sanitation district commissions and authoritiesand any public or private institution, corporation, association, firm, orcompany organized or existing under the laws of this or any other state orcountry, or any officer or agency of the United States, or any person orgroup of persons acting individually or as a group that owns, operates,charters, rents, or otherwise exercises control over or is responsible forany actual or potential discharge of sewage, industrial wastes, or otherwastes to state waters, or any facility or operation that has the capabilityto alter the physical, chemical, or biological properties of state waters incontravention of § 62.1-44.5.

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

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

"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 aquaticlife; (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 other wastesto state waters by any owner which by itself is not sufficient to causepollution but which, in combination with such alteration of or discharge ordeposit 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 dulyestablished by the Board, are "pollution" for the terms and purposes ofthis chapter.

"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.

"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.

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

"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.

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

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

"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.

"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.

"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.

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

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

"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.

"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; 2007, c. 659.)