Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 70 - SMALL RENEWABLE ENERGY PROJECTS (COMBUSTION) PERMIT BY RULE › Section 9VAC15-70-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"Applicant" means the owner or operator who submits an
				  application to the department for a permit by rule pursuant to this
				  chapter.
"Archive search" means a search of DHR's cultural resource
				  inventory for the presence of previously recorded archaeological sites and for
				  architectural structures and districts.
"Coastal Avian Protection Zones" or "CAPZ" means the areas
				  designated on the map of "Coastal Avian Protection Zones" generated on the
				  department's Coastal GEMS geospatial data system (9VAC15-70-120 C 1).
"Combustion energy project," or "project" means a small
				  renewable energy project that:
1. Is an electrical generation facility with a rated capacity
				  not exceeding 20 megawatts that generates electricity only from biomass, energy
				  from waste, or municipal solid waste; and
2. Utilizes a fuel or feedstock that is addressed as a
				  regulated solid waste by 9VAC20-60, 9VAC20-81, or 9VAC20-120; is defined as
				  biomass pursuant to §
									10.1-1308.1 of the Code of
				  Virginia; or both.
"Department" means the Department of Environmental Quality,
				  its director, or the director's designee.
"DCR" means the Department of Conservation and
				  Recreation.
"DGIF" means the Department of Game and Inland
				  Fisheries.
"DHR" means the Department of Historic Resources.
"Disturbance zone" means the area within the site directly
				  impacted by construction and operation of the combustion energy project.
"Historic resource" means any prehistoric or historic
				  district, site, building, structure, object, or cultural landscape that is
				  included or meets the criteria necessary for inclusion in the Virginia
				  Landmarks Register pursuant to the authorities of §
									10.1-2205 of the Code of
				  Virginia and in accordance with
				  17VAC5-30-40 through
				  17VAC5-30-70.
"Interconnection point" means the point or points where the
				  combustion energy project connects to a project substation for transmission to
				  the electrical grid.
"Natural heritage resource" means the habitat of rare,
				  threatened, or endangered plant and animal species, rare or state significant
				  natural communities or geologic sites, and similar features of scientific
				  interest benefiting the welfare of the citizens of the Commonwealth.
"Operator" means the person responsible for the overall
				  operation and management of a combustion energy project.
"Owner" means the person who owns all or a portion of a
				  combustion energy project.
"Parasitic load" means the maximum amount of electricity (in
				  megawatts or kilowatts) a combustion energy project uses to run its
				  electricity-producing processes while operating at the rated capacity.
"Parking lot" means an improved area, usually divided into
				  individual spaces and covered with pavement or gravel, intended for the parking
				  of motor vehicles.
"Permit by rule" means provisions of this chapter stating
				  that a project or activity is deemed to have a permit if it meets the
				  requirements of the provision.
"Person" means any individual, partnership, firm,
				  association, joint venture, public or private corporation, trust, estate,
				  commission, board, public or private institution, utility, cooperative, county,
				  city, town, or other political subdivision of the Commonwealth, any interstate
				  body, or any other legal entity.
"Preconstruction" means any time prior to commencing
				  land-clearing operations necessary for the installation of energy-generating
				  structures at the combustion energy project.
"Rated capacity" means the maximum designed electrical
				  generation capacity (in megawatts or kilowatts) of a combustion energy project,
				  minus the parasitic load; sometimes known as "net capacity."
"Site" means the area encompassed by the combustion energy
				  project, plus appurtenant structures and facilities such as fuel processing,
				  delivery, storage, and associated conveyance equipment areas if they (i) are
				  contiguous and (ii) primarily exist to supply fuel for the generation of
				  electricity at that project, to the extent that these areas are under common
				  ownership or operating control by the owner or operator of the combustion
				  energy project.
"Small renewable energy project" means
(i) an electrical generation facility with a rated capacity
				  not exceeding 150 megawatts that generates electricity only from sunlight or
				  wind;
(ii) an electrical generation facility with a rated capacity
				  not exceeding 100 megawatts that generates electricity only from falling water,
				  wave motion, tides, or geothermal power; or
(iii) an electrical generation facility with a rated capacity
				  not exceeding 20 megawatts that generates electricity only from biomass, energy
				  from waste, or municipal solid waste.
"T&E," "state threatened or endangered species," or
				  "state-listed species" means any wildlife species designated as a Virginia
				  endangered or threatened species by DGIF pursuant to §§
									29.1-563 through
				  29.1-570 of the Code of Virginia
				  and 4VAC15-20-130.
"VLR" means the Virginia Landmarks Register (9VAC15-70-120 B 1).
"VLR-eligible" means those historic resources that meet the
				  criteria necessary for inclusion on the VLR pursuant to
				  17VAC5-30-40 through
				  17VAC5-30-70 but are not listed in
				  the VLR.
"VLR-listed" means those historic resources that have been
				  listed in the VLR in accordance with the criteria of
				  17VAC5-30-40 through
				  17VAC5-30-70.
"Wildlife" means wild animals; except, however, that T&E
				  insect species shall only be addressed as part of natural heritage resources
				  and shall not be considered T&E wildlife.
Part II Permit by Rule Provisions for Combustion Energy
				  Projects with Rated Capacity Greater Than Five Megawatts and Not Otherwise
				  Meeting Criteria for Part III
Statutory Authority: §
											10.1-1197.6 of the Code of
					 Virginia.