Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 650 - CLOSURE PLANS AND DEMONSTRATION OF FINANCIAL CAPABILITY › Part I - Definitions › Section 9VAC25-650-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this regulation
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Active life" means the length of time a facility
					 discharges to state waters or is subject to regulation under the Virginia
					 Pollutant Discharge Elimination System (VPDES) Permit Regulation
					 (9VAC25-31).
"Anniversary date" means the date of issuance of a
					 financial mechanism.
"Assets" means all existing and all probable future
					 economic benefits obtained or controlled by a particular entity.
"Board" means the State Water Control Board. When used
					 outside the context of the promulgation of regulations, including regulations
					 to establish general permits, "board" means the Department of Environmental
					 Quality.
"Ceases operations" means to cease conducting the normal
					 operation of a facility under circumstances in which it is reasonable to expect
					 that such operation will not be resumed by the owner at the facility. The term
					 shall not include the sale or transfer of a facility in the ordinary course of
					 business or a permit transfer in accordance with board regulations. Ceases
					 operations shall include, but not be limited to, the following:
1. Bankruptcy or insolvency of the owner or
				  operator or suspension or revocation of a charter or license to operate the
				  facility or to furnish sewer services;
2. Failure to operate and maintain a facility
				  in accordance with the Operations and Maintenance Manual for the facility, such
				  that a substantial or imminent threat to public health or the environment is
				  created;
3. Failure to comply with
				  the requirements of the VPDES permit for the facility, such that a substantial
				  or imminent threat to public health or the environment is created;
4. Notification of termination of service by
				  a utility providing electricity or other resource essential to the normal
				  operation of the facility.
"Closure plan" means a plan to abate, control, prevent,
					 remove, or contain any substantial or imminent threat to public health or the
					 environment that is reasonably likely to occur if a facility ceases
					 operations.
"Current annual inflation factor" means the annual
					 inflation factor derived from the most recent implicit price deflator for gross
					 national product published by the U.S. Department of Commerce in its Survey of
					 Current Business.
"Current closure cost estimate" means the most recent of
					 the estimates prepared in accordance with the requirements of this
					 chapter.
"Current dollars" means the figure represented by the total
					 of the cost estimate multiplied by the current annual inflation factor.
"CWA" means the Clean Water Act (33 USC §
											1251 et seq.) (formerly referred to as the
					 Federal Water Pollution Control Act or Federal Water Pollution Control Act
					 Amendments of 1972) Public Law 92-500, as amended by Public Law 95-217, Public
					 Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent
					 revisions thereto.
"Department" means the Department of Environmental
					 Quality.
"Director" means the Director of the Department of
					 Environmental Quality, or an authorized representative.
"Discharge" when used without qualification means the
					 discharge of a pollutant.
"Facility" or "activity" means any VPDES point source or
					 treatment works treating domestic sewage or any other facility or activity
					 (including land or appurtenances thereto) that is subject to regulation under
					 the VPDES program.
"Facility closure plan" means a facility closure plan
					 prepared in accordance with
					 9VAC25-790-120
					 E 3.
"Local government" means a municipality, county, city,
					 town, authority, commission, school board, political subdivision of a state, or
					 other special purpose local government which provides essential
					 services.
"Owner or operator" means the owner or operator of any
					 facility or activity subject to regulation under the VPDES program.
"Parent corporation" means a corporation that directly owns
					 at least 50% of the voting stock of the corporation that is the facility owner
					 or operator; the latter corporation is deemed a "subsidiary" of the parent
					 corporation.
"Permit" means an authorization, certificate, license, or
					 equivalent control document issued by the department or a general permit issued
					 as a regulation adopted by the board to implement the requirements of this
					 chapter. For the purposes of this chapter, permit includes coverage issued
					 under a VPDES general permit. Permit does not include any permit which has not
					 yet been the subject of final agency action, such as a draft permit or proposed
					 permit.
"Person" means an individual, corporation, partnership,
					 association, a governmental body, a municipal corporation, or any other legal
					 entity.
"Point source" means any discernible, defined and discrete
					 conveyance, including, but not limited to, any pipe, ditch, channel, tunnel,
					 conduit, well, discrete fissure, container, rolling stock, concentrated animal
					 feeding operation, landfill leachate collection system, vessel or other
					 floating craft, from which pollutants are or may be discharged. This term does
					 not include return flows from irrigated agricultural or agricultural stormwater
					 run off.
"Pollutant" means dredged spoil, solid waste, incinerator
					 residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical
					 wastes, biological materials, radioactive materials (except those regulated
					 under the Atomic Energy Act of 1954, as amended (42 USC
					 §
											2011 et seq.)), heat, wrecked or
					 discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and
					 agricultural waste discharged into water. It does not mean:
1. Sewage from vessels; or
2. Water, gas, or other material which is
				  injected into a well to facilitate production of oil or gas, or water derived
				  in association with oil and gas production and disposed of in a well if the
				  well used either to facilitate production or for disposal purposes is approved
				  by the department, and if the department determines that the injection or
				  disposal will not result in the degradation of ground or surface water
				  resources.
"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 (i) harmful or detrimental or injurious to the
					 public health, safety or welfare, or to the health of animals, fish or aquatic
					 life; (ii) unsuitable with reasonable treatment for use as present or possible
					 future sources of public water supply; or (iii) unsuitable for recreational,
					 commercial, industrial, agricultural, or for other reasonable uses; provided
					 that:
(i) an alteration of the
				  physical, chemical, or biological property of state waters, or a discharge or a
				  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.