Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 60 - SMALL RENEWABLE ENERGY PROJECTS (SOLAR) PERMIT BY RULE › Part I - Definitions and Applicability › Section 9VAC15-60-10 - 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 (9VAC15-60-120 C 1).
"Concentrating photovoltaics" or "CPV" means PV systems
					 with equipment to focus or direct sunlight on the PV cells. For purposes of
					 this chapter, CPV is included in the definition of PV.
"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 solar energy project and within
					 100 feet of the boundary of the directly impacted area.
"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.
"Integrated PV" means photovoltaics incorporated into
					 building materials, such as shingles.
"Interconnection point" means the point or points where the
					 solar 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 solar energy project.
"Other solar technologies" means materials or devices or
					 methodologies of producing electricity from sunlight other than PV or
					 CPV.
"Owner" means the person who owns all or a portion of a
					 solar energy project.
"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 the regulations
					 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.
"Photovoltaic" or "PV" means materials and devices that
					 absorb sunlight and convert it directly into electricity by
					 semiconductors.
"Photovoltaic cell" or "PV cell" means a solid state device
					 that converts sunlight directly into electricity. PV cells may be connected
					 together to form PV modules, which in turn may be combined and connected to
					 form PV arrays (often called PV panels).
"Photovoltaic system" or "PV system" means PV cells, which
					 may be connected into one or more PV modules or arrays, including any
					 appurtenant wiring, electric connections, mounting hardware, power-conditioning
					 equipment (inverter), and storage batteries.
"Preconstruction" means any time prior to commencing
					 land-clearing operations necessary for the installation of energy-generating
					 structures at the small solar energy project.
"Rated capacity" means the maximum capacity of a solar
					 energy project based on Photovoltaic USA Test Conditions (PVUSA Test
					 Conditions) rating.
"Site" means the area containing a solar energy project
					 that is under common ownership or operating control. Electrical infrastructure
					 and other appurtenant structures up to the interconnection point shall be
					 considered to be within the site.
"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.
"Small solar energy project," "solar energy project," or
					 "project" means a small renewable energy project that (i) generates electricity
					 from sunlight, consisting of one or more PV systems and other appurtenant
					 structures and facilities within the boundaries of the site; and (ii) is
					 designed for, or capable of, operation at a rated capacity equal to or less
					 than 150 megawatts. Two or more solar energy projects otherwise spatially
					 separated but under common ownership or operational control, which are
					 connected to the electrical grid under a single interconnection agreement,
					 shall be considered a single solar energy project. Nothing in this definition
					 shall imply that a permit by rule is required for the construction of test
					 structures to determine the appropriateness of a site for the development of a
					 solar energy project.
"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 the §§
										29.1-563 through
					 29.1-570 of the Code of Virginia
					 and 4VAC15-20-130.
"VLR" means the Virginia Landmarks Register (9VAC15-60-120 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
					 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.
Statutory Authority: §
												10.1-1197.6 of the Code of
						Virginia.