Sections
Article 1 Department of Conservation and Recreation 10.1-100 – 10.1-104.6:2
Article 1 1. Resource Management Plans 10.1-104.7 – 10.1-104.9
Article 2 Board of Conservation and Recreation 10.1-105 – 10.1-107
Article 3 Disposition of Department Lands 10.1-108 – 10.1-114.1
Article 4 Conservation Officers 10.1-115 – 10.1-120

Terms Used In Virginia Code > Title 10.1 > Subtitle I > Chapter 1 - General Provisions

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adult: means a person 18 years of age or more. See Virginia Code 1-203
  • Advanced recycling: means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, liquid fuels, waxes, lubricants, or other products through processes that include pyrolysis, gasification, depolymerization, reforming, hydrogenation, solvolysis, catalytic cracking, and similar processes. See Virginia Code 10.1-1400
  • Advanced recycling facility: means a facility that, using advanced recycling, receives, stores, and converts post-use polymers and recovered feedstocks that it receives. See Virginia Code 10.1-1400
  • Advisory Board: means the State Advisory Board on Air Pollution. See Virginia Code 10.1-1300
  • Advisory Board: means the Litter Control and Recycling Fund Advisory Board. See Virginia Code 10.1-1414
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Air pollution: means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people of life or property. See Virginia Code 10.1-1300
  • Allegation: something that someone says happened.
  • Allowance: means an authorization to emit a fixed amount of carbon dioxide. See Virginia Code 10.1-1329
  • Allowance auction: means an auction in which the Department or its agent offers allowances for sale. See Virginia Code 10.1-1329
  • Amortization: Paying off a loan by regular installments.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means any and all persons seeking or holding a permit required under this chapter. See Virginia Code 10.1-1400
  • Applicant: means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor. See Virginia Code 10.1-1433
  • Application: means an application to the Board for a certification of site suitability. See Virginia Code 10.1-1433
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the Virginia Public School Authority. See Virginia Code 22.1-162
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficial use: means a use that is of benefit as a substitute for natural or commercial products and does not contribute to adverse effects on health or the environment. See Virginia Code 10.1-1414
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiation facility: means a facility that uses methods including sorting by color, removal of contaminants, crushing, grinding, screening, grading, and monitoring of size and quality to produce clean, crushed glass cullet that satisfies the specifications of the end user of the cullet, including a manufacturer of glass containers or fiberglass. See Virginia Code 10.1-1414
  • Board: means the State Air Pollution Control Board. See Virginia Code 10.1-1300
  • Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
  • Board of Commissioners: means the Board of Commissioners of the Authority. See Virginia Code 22.1-162
  • Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
  • Brand: means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product. See Virginia Code 10.1-1425.27
  • Buyer: means a person who buys or contracts to buy goods. See Virginia Code 8.2-103
  • Capital: means the sum of share accounts, reserves, and undivided earnings of a credit union. See Virginia Code 6.2-1300
  • Center: means the Virginia Center for Coal and Energy Research. See Virginia Code 10.1-1332
  • certification: means the certification issued by the Board pursuant to this chapter. See Virginia Code 10.1-1433
  • certified mail: means electronically certified or postal certified mail, except that this provision shall apply only to the mailing of plan approvals, permits, or certificates issued under the provisions of this chapter and those of the Air Pollution Control Law (§ 10. See Virginia Code 10.1-1183
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Virginia Code 8.2A-103
  • Commissioner: means the Commissioner of Financial Institutions. See Virginia Code 6.2-100
  • Composting: means the manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition. See Virginia Code 10.1-1400
  • Computer equipment: means a desktop or notebook computer and may include a computer monitor or other display device. See Virginia Code 10.1-1425.27
  • Construction project: means any land-disturbing activity that involves construction of infrastructure, including interstate highways, pipelines, or energy generation and transmission facilities. See Virginia Code 10.1-1181.13
  • Consumer: means an individual who uses computer equipment that is purchased primarily for personal or home business use. See Virginia Code 10.1-1425.27
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. See Virginia Code 8.2A-103
  • container: means all packages or containers intended or used to contain solids, liquids or materials and so designated. See Virginia Code 10.1-1414
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Virginia Code 8.2-106
  • Corporate credit union: means a credit union whose field of membership consists primarily of other credit unions. See Virginia Code 6.2-1300
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Court: means any court vested with appropriate jurisdiction under the Constitution and laws of the Commonwealth. See Virginia Code 19.2-5
  • Credit union: means a cooperative, nonprofit corporation organized under the laws of the Commonwealth and authorized to do business under this chapter for the purposes of encouraging thrift among its members, creating a source of credit at fair and reasonable rates of interest, providing an opportunity for its members to use and control their own money on a democratic basis in order to improve their economic and social condition, and conducting any other business, engaging in any other activity, and providing any other service that may be of benefit to its members, consistent with the provisions of this chapter and any regulations adopted by the Commission under this chapter. See Virginia Code 6.2-1300
  • Credit union service organization: means any organization, corporation, or association, if (i) the membership or ownership, as the case may be, of such organization, corporation, or association is primarily confined or restricted to credit unions or organizations of credit unions and (ii) the purpose for which such organization, corporation, or association is organized is to strengthen or advance the development of credit unions or credit union organizations. See Virginia Code 6.2-1300
  • Criteria: means the criteria adopted by the Board, pursuant to § 10. See Virginia Code 10.1-1433
  • Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
  • Department: means the Department of Environmental Quality. See Virginia Code 10.1-1182
  • Department: means the Department of Environmental Quality. See Virginia Code 10.1-1300
  • Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
  • Department: means the Department of Education. See Virginia Code 22.1-1
  • Dependent: A person dependent for support upon another.
  • Depolymerization: means a manufacturing process in which post-use polymers are broken into smaller molecules, including monomers and oligomers; raw, intermediate, or final products; plastics and chemical feedstocks; basic and unfinished chemicals; crude oil; naphtha; liquid transportation fuels; waxes; lubricants; coatings; and other products. See Virginia Code 10.1-1400
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • DHCD: means the Department of Housing and Community Development. See Virginia Code 10.1-1329
  • Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
  • Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1182
  • Director: means the Director of the Department of Environmental Quality. See Virginia Code 10.1-1400
  • Disclosure statement: means a sworn statement or affirmation, in such form as may be required by the Director, which includes:

    1. See Virginia Code 10.1-1400

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
  • Distributor: means any person who takes title to products or packaging purchased for resale. See Virginia Code 10.1-1425.21
  • Division superintendent: means the division superintendent of schools of a school division. See Virginia Code 22.1-1
  • DOE: means the Department of Energy. See Virginia Code 10.1-1329
  • Elementary: includes kindergarten. See Virginia Code 22.1-1
  • Energy storage facility: means energy storage equipment or technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering energy after it has been stored. See Virginia Code 10.1-1197.5
  • Environment: means the natural, scenic, and historic attributes of the Commonwealth. See Virginia Code 10.1-1182
  • Environmental justice: means the fair treatment and meaningful involvement of every person, regardless of race, color, national origin, faith, disability, or income, in the development, implementation, and enforcement of environmental laws, regulations, and policies. See Virginia Code 10.1-1182
  • Equity: includes both legal and equitable interests. See Virginia Code 10.1-1400
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence-based literacy instruction: means structured instructional practices, including sequential, systematic, explicit, and cumulative teaching, that (i) are based on reliable, trustworthy, and valid evidence consistent with science-based reading research; (ii) are used in core or general instruction, supplemental instruction, intervention services, and intensive intervention services; (iii) have a demonstrated record of success in adequately increasing students' reading competency, vocabulary, oral language, and comprehension and in building mastery of the foundational reading skills of phonological and phonemic awareness, alphabetic principle, phonics, spelling, and text reading fluency; and (iv) are able to be differentiated in order to meet the individual needs of students. See Virginia Code 22.1-1 v2
  • Executive Director: means the Executive Director of the Department of Environmental Quality. See Virginia Code 10.1-1300
  • Expanded polystyrene food service container: includes plates, cups, bowls, trays, and hinged containers but does not include packaging for unprepared foods or packaging, including a cooler, used in the shipment of food. See Virginia Code 10.1-1414
  • facility: means any facility, including land and structures, appurtenances, improvements and equipment for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. See Virginia Code 10.1-1433
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
  • Fault: means wrongful act, omission, breach, or default. See Virginia Code 8.2A-103
  • Federal acts: means any act of Congress providing for waste management and regulations promulgated thereunder. See Virginia Code 10.1-1400
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: shall include any one or more of the following:

    a. See Virginia Code 8.01-2

  • Finance lease: means a lease with respect to which:

    (i) The lessor does not select, manufacture, or supply the goods;

    (ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) One of the following occurs:

    (A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

    (D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this title to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Virginia Code 8.2A-103

  • Food vendor: means an establishment that provides prepared food for public consumption on or off its premises and includes a store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, or catering truck or vehicle; any other person who provides prepared food; and any individual, organization, group, or state or local government entity that regularly provides food as a part of its services. See Virginia Code 10.1-1414
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forest land: means land on which forest trees are found. See Virginia Code 10.1-1178
  • Forest mitigation: means addressing the direct and indirect adverse impacts to forests that may be caused by a construction project by avoiding and minimizing impacts to the extent practicable and then compensating for the remaining impacts. See Virginia Code 10.1-1181.13
  • forest trees: includes shade trees of any species around houses, along highways and within cities and towns if the trees constitute an insect or disease menace to nearby timber trees or timber stands. See Virginia Code 10.1-1178
  • Forester: means any person who is engaged in the science, profession and practice of forestry and who possesses the qualifications required by this article. See Virginia Code 10.1-1181.8
  • Forestry: means the science, art and practice of creating, managing, using and conserving forests and associated natural resources for human benefit and in a sustainable manner to meet desired goals, needs, and values. See Virginia Code 10.1-1181.8
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the Small Business Environmental Compliance Assistance Fund. See Virginia Code 10.1-1197.1
  • Fund: means the Virginia Community Flood Preparedness Fund created pursuant to § 10. See Virginia Code 10.1-1329
  • Fund: means the Litter Control and Recycling Fund. See Virginia Code 10.1-1414
  • Fund: means the Technical Assistance Fund created pursuant to § 10. See Virginia Code 10.1-1433
  • Gasification: means a manufacturing process through which recovered feedstocks are heated and converted in an oxygen-deficient atmosphere into a fuel and gas mixture that is then converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels. See Virginia Code 10.1-1400
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 8. See Virginia Code 8.2A-103
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Hazardous substance: means a substance listed under the federal Comprehensive Environmental Response Compensation and Liability Act, P. See Virginia Code 10.1-1400
  • Hazardous waste: means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:

    1. See Virginia Code 10.1-1400

  • Health care: means any act, professional services in nursing homes, or treatment performed or furnished, or which should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical diagnosis, care, treatment or confinement. See Virginia Code 8.01-581.1
  • Health care provider: means (i) a person, corporation, facility or institution licensed by this Commonwealth to provide health care or professional services as a physician or hospital, a dentist, a pharmacist, a registered nurse or licensed practical nurse or a person who holds a multistate privilege to practice such nursing under the Nurse Licensure Compact, an advanced practice registered nurse, an optometrist, a podiatrist, a physician assistant, a chiropractor, a physical therapist, a physical therapy assistant, a clinical psychologist, a clinical social worker, a professional counselor, a licensed marriage and family therapist, a licensed dental hygienist, a health maintenance organization, or an emergency medical care attendant or technician who provides services on a fee basis; (ii) a professional corporation, all of whose shareholders or members are so licensed; (iii) a partnership, all of whose partners are so licensed; (iv) a nursing home as defined in § 54. See Virginia Code 8.01-581.1
  • High-level radioactive waste: which means :

    a. See Virginia Code 10.1-1400

  • Hospital: means a public or private institution licensed pursuant to Chapter 5 of Title 32. See Virginia Code 8.01-581.1
  • Host community: means any county, city or town within whose jurisdictional boundaries construction of a hazardous waste facility is proposed. See Virginia Code 10.1-1433
  • Household hazardous waste: means any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers, or other paint solvents; any product containing trichloroethylene, toxic art supplies, used motor oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as defined in § 3. See Virginia Code 10.1-1400
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Infection: means infection by any disease affecting forest trees which is declared by the State Forester to be dangerously injurious to forest trees. See Virginia Code 10.1-1178
  • Infestation: means infestation by means of any insect which is declared by the State Forester to be dangerously injurious to forest trees. See Virginia Code 10.1-1178
  • inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Juror: A person who is on the jury.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • lead acid battery: shall mean any wet cell battery. See Virginia Code 10.1-1425.1
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Virginia Code 8.2A-103
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this title. See Virginia Code 8.2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this title and any other applicable rules of law. See Virginia Code 8.2A-103
  • Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Virginia Code 8.2A-103
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Virginia Code 8.2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Virginia Code 8.2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Virginia Code 8.2A-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Litter: means all waste material disposable packages or containers but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. See Virginia Code 10.1-1414
  • Litter bag: means a bag, sack, or durable material which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag. See Virginia Code 10.1-1414
  • local governing body: means the board of supervisors of a county, council of a city, or council of a town, responsible for appropriating funds for such locality, as the context may require. See Virginia Code 22.1-1
  • Local school bonds: means bonds or other obligations issued by counties, cities and towns under the provisions of Chapter 26 of Title 15. See Virginia Code 22.1-162
  • mail: means electronic or postal delivery. See Virginia Code 10.1-1183
  • Malpractice: means any tort action or breach of contract action for personal injuries or wrongful death, based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient. See Virginia Code 8.01-581.1
  • Manifest: means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage of such hazardous waste. See Virginia Code 10.1-1400
  • Manufacturer: means any person that produces products, packages, packaging, or components of products or packaging. See Virginia Code 10.1-1425.21
  • Manufacturer: means a person who in any calendar year:

    1. See Virginia Code 10.1-1425.27

  • Middle school: means separate schools for early adolescents and the middle school grades that might be housed at elementary or high schools. See Virginia Code 22.1-1
  • Mineral: means petroleum, natural gas, coal, ore, rock and any other solid chemical element or compound which results from the inorganic process of nature. See Virginia Code 10.1-108
  • Minority leader: See Floor Leaders
  • Mixed radioactive waste: means radioactive waste that contains a substance that renders the mixture a hazardous waste. See Virginia Code 10.1-1400
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Notary: means notary public. See Virginia Code 1-226
  • nuclear waste: includes :

    1. See Virginia Code 10.1-1400

  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Virginia Code 1-228
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • On-site: means facilities that are located on the same or geographically contiguous property which may be divided by public or private right-of-way, and the entrance and exit between the contiguous properties is at a cross-roads intersection so that the access is by crossing, as opposed to going along, the right-of-way. See Virginia Code 10.1-1433
  • Open dump: means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled so as to create a nuisance or present a threat of a release of harmful substances into the environment or present a hazard to human health. See Virginia Code 10.1-1400
  • Operator: means any person that operates or has operated or exercises or has exercised control over any silvicultural activity. See Virginia Code 10.1-1181.1
  • Operator: means a person who is responsible for the overall operation of a facility. See Virginia Code 10.1-1433
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Owner: means any person that (i) owns or leases land on which silvicultural activity occurs or has occurred or (ii) owns timber on land on which silvicultural activity occurs or has occurred. See Virginia Code 10.1-1181.1
  • Owner: means a person who owns a facility or a part of a facility. See Virginia Code 10.1-1433
  • Package: means any container which provides a means of marketing, protecting, or handling a product, including a unit package, intermediate package, or a shipping container, as defined in the American Society for Testing and Materials (ASTM) specification D996. See Virginia Code 10.1-1425.21
  • Packaging component: means any individual assembled part of a package, including, but not limited to, interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. See Virginia Code 10.1-1425.21
  • parents: means any parent, guardian, legal custodian, or other person having control or charge of a child. See Virginia Code 22.1-1
  • Patient: means any natural person who receives or should have received health care from a licensed health care provider except those persons who are given health care in an emergency situation which exempts the health care provider from liability for his emergency services in accordance with § 8. See Virginia Code 8.01-581.1
  • Person: means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity. See Virginia Code 10.1-1300
  • Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
  • Person: means any natural person, corporation, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, or representative or group of individuals or entities of any kind. See Virginia Code 10.1-1414
  • Person of school age: means a person who will have reached his fifth birthday on or before September 30 of the school year and who has not reached twenty years of age on or before August 1 of the school year. See Virginia Code 22.1-1
  • Person under a disability: shall include :

    a. See Virginia Code 8.01-2

  • Personal property: All property that is not real property.
  • Physician: means a person licensed to practice medicine or osteopathy in this Commonwealth pursuant to Chapter 29 of Title 54. See Virginia Code 8.01-581.1
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pollution: means such alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition 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 other reasonable uses. See Virginia Code 10.1-1181.1
  • Pollution prevention: means eliminating or reducing the use, generation or release at the source of environmental waste. See Virginia Code 10.1-1425.10
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prepared food: means a food or beverage prepared for consumption on or off a food vendor's premises, using any cooking or food preparation technique. See Virginia Code 10.1-1414
  • present sale: means a sale which is accomplished by the making of the contract. See Virginia Code 8.2-106
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Professional services in nursing homes: means services provided in a nursing home, as that term is defined in clause (iv) of the definition of health care provider in this section, by a health care provider related to health care, staffing to provide patient care, psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy. See Virginia Code 8.01-581.1
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public corporation: means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of the Commonwealth or of any political subdivision thereof or of any municipality therein. See Virginia Code 1-219.1
  • Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public place: means any area that is used or held out for use by the public, whether owned or operated by public or private interests. See Virginia Code 10.1-1414
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Virginia Code 8.2A-103
  • Pyrolysis: means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels. See Virginia Code 10.1-1400
  • Recess: A temporary interruption of the legislative business.
  • Recycling: means the process of separating a given waste material from the waste stream and processing it so that it may be used again as a raw material for a product which may or may not be similar to the original product. See Virginia Code 10.1-1414
  • Recycling residue: means the (i) nonmetallic substances, including plastic, rubber, and insulation, that remain after a shredder has separated for purposes of recycling the ferrous and nonferrous metal from a motor vehicle, appliance, or other discarded metallic item and (ii) organic waste remaining after removal of metals, glass, plastics, and paper that are to be recycled as part of a resource recovery process for municipal solid waste resulting in the production of a refuse derived fuel. See Virginia Code 10.1-1400
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Reserves: means the total of allowances for loan losses, regular, special, and any other type of funds held in reserve. See Virginia Code 6.2-1300
  • Resource conservation: means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources. See Virginia Code 10.1-1400
  • Resource recovery: means the recovery of material or energy from solid waste. See Virginia Code 10.1-1400
  • Retained earnings: means undivided earnings, regular reserve, reserve for contingencies, supplemental reserves, reserves for losses, and other appropriations from undivided earnings as designated by management or the Bureau. See Virginia Code 6.2-1300
  • RGGI: means the program to implement the memorandum of understanding between signatory states dated December 20, 2005, and as may be amended, and the corresponding model rule that established a regional carbon dioxide electric power sector cap and trade program. See Virginia Code 10.1-1329
  • Sanitary landfill: means a disposal facility for solid waste so located, designed, and operated that it does not pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water, or ground water. See Virginia Code 10.1-1400
  • School board: means the school board that governs a school division. See Virginia Code 22.1-1
  • Science-based reading research: means research that (i) applies rigorous, systematic, and objective observational or experimental procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading and writing difficulties and (ii) explains how proficient reading and writing develop, why some children have difficulties developing key literacy skills, and how schools can best assess and instruct early literacy, including the use of evidence-based literacy instruction practices to promote reading and writing achievement. See Virginia Code 22.1-1 v2
  • Secretary: means the Secretary of Natural and Historic Resources. See Virginia Code 10.1-1329
  • Seller: means a person who sells or contracts to sell goods. See Virginia Code 8.2-103
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shares: means the interest of a member having an account in a credit union. See Virginia Code 6.2-1300
  • Sheriff: shall include deputy sheriffs and such other persons designated in § 15. See Virginia Code 8.01-2
  • Silvicultural activity: means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation. See Virginia Code 10.1-1181.1
  • Sludge: means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility. See Virginia Code 10.1-1400
  • Small business: means a business located in Virginia that (i) employs 100 or fewer people and (ii) is a small business concern as defined in the federal Small Business Act (15 U. See Virginia Code 10.1-1197.1
  • 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; (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; (iv) an energy storage facility that uses electrochemical cells to convert chemical energy with a rated capacity not exceeding 150 megawatts; or (v) a hybrid project composed of an electrical generation facility that meets the parameters established in clause (i), (ii), or (iii) and an energy storage facility that meets the parameters established in clause (iv). See Virginia Code 10.1-1197.5
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Solid waste: means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion. See Virginia Code 10.1-1400
  • Solid waste management facility: means a site used for planned treating, long-term storage, or disposing of solid waste. See Virginia Code 10.1-1400
  • Solvolysis: includes hydrolysis, aminolysis, ammonolysis, methanolysis, and glycolysis. See Virginia Code 10.1-1400
  • Special order: means an administrative order issued to any party that has a stated duration of not more than twelve months and that may include a civil penalty of not more than $10,000. See Virginia Code 10.1-1182
  • Special order: means a special order issued under § 10. See Virginia Code 10.1-1300
  • Special order: means a special order or emergency special order issued under subsection B or C of § 10. See Virginia Code 10.1-1181.1
  • state agency: means the same as that term is defined in § 2. See Virginia Code 1-206
  • State Board: means the Board of Education. See Virginia Code 22.1-1
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Storage: means the containment or holding of hazardous wastes pending treatment, recycling, reuse, recovery or disposal. See Virginia Code 10.1-1433
  • Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Virginia Code 8.2A-103
  • Superintendent: means the Superintendent of Public Instruction. See Virginia Code 22.1-1
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Virginia Code 8.2A-103
  • Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Virginia Code 8.2A-103
  • sworn: means "affirm" or "affirmed. See Virginia Code 1-250
  • Testify: Answer questions in court.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
  • Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
  • Treatment: means any method, technique or process, including incineration or neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage or reduced in volume. See Virginia Code 10.1-1433
  • True bill: Another word for indictment.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Vegetative waste: means decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes such as shrub and tree prunings, bark, limbs, roots, and stumps. See Virginia Code 10.1-1400
  • Vehicle: includes every device capable of being moved upon a public highway and in, upon, or by which any person or property may be transported upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. See Virginia Code 10.1-1414
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Voluntary pollution prevention measures: means operational or equipment changes that meet the definition of pollution prevention contained in § 10. See Virginia Code 10.1-1197.1
  • Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
  • Waste management: means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. See Virginia Code 10.1-1400
  • Watercraft: means any boat, ship, vessel, barge, or other floating craft. See Virginia Code 10.1-1414
  • Wood heater: means a wood stove, pellet stove, wood-fired hydronic heater, wood-burning forced-air furnace, or masonry wood heater, any of which is solely designed for heating a home or a business and with either (i) uncontrolled fine particulate matter with an aerodynamic diameter less than or equal to 2. See Virginia Code 10.1-1300
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
  • Yard waste: means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. See Virginia Code 10.1-1400