West Virginia Code of State Rules › Agency 47 - Water Resources, Division Of Water And Waste Management › Title 47 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCES › Series 47-61 - Community Infrastructure Investment Program › Section 47-61-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The definitions set forth in W. Va. Code §
									22-28-2
				  apply to this rule along with the following definitions.
2.1. "Act" means the Community Infrastructure
				Investment Projects Act, W. Va. Code §
									22-28-1 et
				seq.
2.2. "Agreement" means the
				Community Infrastructure Investment Agreement as required by the Act and shall
				refer to a duly authorized written agreement between a public utility and a
				person that provides for the transfer of legal title to a project facility from
				the person to the public utility.
2.3. "Certificate" means a certificate of
				appropriateness issued by the Secretary evidencing approval of a project to be
				constructed under the provisions of the Act.
2.4. "Completion and activation" means the
				date on which operation of the project is initiated or is capable of being
				initiated, whichever is earlier.
2.5. "Department" means the Department of
				Environmental Protection.
2.6.
				"Governing body" means with respect to a municipality the mayor and council;
				with respect to a public service district the public service board; with
				respect to a sanitary district the board of trustees; and with respect to any
				other public utility the duly elected or appointed members having legal
				authority to make decisions at public meetings for the public
				utility.
2.7. "Person" means any
				individual, partnership, firm, society, association, trust, corporation or
				other business entity.
2.8.
				"Project" means any newly constructed or enlarged and improved project
				facilities of $10 million or less that may be transferred to a public utility
				without cost to the public utility pursuant to the Act.
2.9. "Project cost" means the capital cost of
				the project to be constructed under the Act and shall not refer to any of the
				costs or expenses of ordinary operation and maintenance of the project once it
				becomes operational.
2.10. "Project
				facilities" means wastewater treatment plants or water treatment plants
				constructed pursuant to the Act and include, but are not limited to, related
				storage buildings or structures, meters, hydrants, pump stations, force and
				gravity main, transmission lines and other such fixtures related to the
				construction of water and sewer facilities. Project facilities do not refer to
				the ordinary extension of collection and distribution lines or facilities from
				or to the project to the property of any user of project facilities.
2.11. "Public utility" means an existing
				water or sewer utility operated by a municipality, public service district or
				any other political subdivision that is certificated by the Public Service
				Commission of West Virginia.
2.12.
				"Rights of way" means the acquisition of all real property or property rights
				(easements, etc.) needed for project facility construction.
2.13. "Secretary" means the Secretary of the
				Department of Environmental Protection or such other person to whom the
				Secretary has delegated authority or duties pursuant to W. Va. Code
				§§
									22-1-6
				or
				22-1-8.