Terms Used In Virginia Code > Title 8.9A > Part 1 - General Provisions

• Aesthetic standards: means water quality standards which involve those physical, biological, and chemical properties of water that adversely affect the palatability and consumer acceptability of water through taste, odor, appearance, or chemical reaction. See Virginia Code 32.1-167
• 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.
• Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Virginia Code 3.2-4200
• air carrier: includes a common carrier by aircraft, a restricted common carrier by aircraft, and a contract carrier by aircraft. See Virginia Code 5.1-89
• aircraft: means any contrivance, except a contrivance operating twenty-four inches or less above ground or water level, now known or hereafter invented, used, or designed for navigation of, or flight in, the airspace in the transportation of passengers, property or mail. See Virginia Code 5.1-89
• Allocable share: means Allocable Share as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
• Alternative discharging sewage system: means any device or system which results in a point source discharge of treated sewage for which the Board may issue a permit authorizing construction and operation when such system is regulated by the State Water Control Board pursuant to a general Virginia Pollutant Discharge Elimination System permit issued for an individual single family dwelling with flows less than or equal to 1,000 gallons per day. See Virginia Code 32.1-163
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Betterment loan: means a loan to be provided by private lenders either directly or through a state agency, authority or instrumentality or a locality or local or regional authority serving as a conduit lender, to repair, replace, or upgrade an onsite sewage system or an alternative discharging sewage system for the purpose of reducing threats to public health and ground and surface waters, which loan is secured by a lien with a priority equivalent to the priority of a lien securing an assessment for local improvements under § 15. See Virginia Code 32.1-163
• Blighted property: means any property that endangers the public health or safety in its condition at the time of the filing of the petition for condemnation and is (i) a public nuisance or (ii) an individual commercial, industrial, or residential structure or improvement that is beyond repair or unfit for human occupancy or use. See Virginia Code 1-219.1
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Board of supervisors: means the governing body of a county. See Virginia Code 15.2-102
• broker: means any person not included in the term air carrier and not a bona fide employee or agent of any such carrier, who, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for, or holds himself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation. See Virginia Code 5.1-89
• Business: means any type of corporation, partnership, limited liability company, association, or sole proprietorship operated for profit. See Virginia Code 2.2-4301
• certificate: means a certificate of public convenience and necessity issued by the State Corporation Commission to common carriers by aircraft and restricted common carriers by aircraft under this chapter. See Virginia Code 5.1-89
• Chronically noncompliant waterworks: means a waterworks that is unable to provide pure water for any of the following reasons: (i) the waterworks' record of performance demonstrates that it can no longer be depended upon to furnish pure water to the persons served; (ii) the owner has inadequate technical, financial, or managerial capacity to furnish pure water to the persons served; (iii) the owner has failed to comply with an order issued by the Board or Commissioner pursuant to § 32. See Virginia Code 32.1-167
• cigarette: includes "roll-your-own" tobacco, which means any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. See Virginia Code 3.2-4200
• Commission: means the State Corporation Commission. See Virginia Code 5.1-89
• common carrier by aircraft: means any person who undertakes, whether directly or by a lease or any other arrangement, to transport passengers, property for the general public, or mail by aircrafts for compensation (wholly within the airspace of the Commonwealth), whether over regular or irregular routes, including such aircraft operations of carriers by rail, water or motor vehicle and of express or forwarding companies. See Virginia Code 5.1-89
• Conduit lender: means a state agency, authority or instrumentality or a locality, local or regional authority or an instrumentality thereof serving as a conduit lender of betterment loans. See Virginia Code 32.1-163
• Construction: means building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavation, grading or similar work upon real property. See Virginia Code 2.2-4301
• Continuance: Putting off of a hearing ot trial until a later time.
• Conventional onsite sewage system: means a treatment works consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed subsurface drainfield. See Virginia Code 32.1-163
• Council: means the Virginia Conflict of Interest and Ethics Advisory Council established in § 30-355. See Virginia Code 2.2-419
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Covered person: means any person set forth in the definition of "deceased person" in § 9. See Virginia Code 58.1-3219.13
• Department: means the State Department of Health. See Virginia Code 32.1-3
• Docket: A log containing brief entries of court proceedings.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executor: A male person named in a will to carry out the decedent
• 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}
• 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}
• Governmental entity: means the Commonwealth, a town, city, county, service authority, sanitary district, or any other governmental body established under state law, including departments, divisions, boards, or commissions. See Virginia Code 32.1-167
• Health care professional: means any professional who is licensed, certified or registered to practice by a board within the Department of Health Professions under Title 54. See Virginia Code 32.1-162.7
• Home care organization: means a public or private organization, whether operated for profit or not for profit, that provides, at the residence of a patient or individual in the Commonwealth of Virginia, one or more of the following services:

  1. See Virginia Code 32.1-162.7

• Hospice: means a coordinated program of home and inpatient care provided directly or through an agreement under the direction of an identifiable hospice administration providing palliative and supportive medical and other health services to terminally ill patients and their families. See Virginia Code 32.1-162.1
• Hospice facility: means an institution, place, or building owned or operated by a hospice provider and licensed by the Department to provide room, board, and appropriate hospice care on a 24-hour basis, including respite and symptom management, to individuals requiring such care pursuant to the orders of a physician. See Virginia Code 32.1-162.1
• Hospice patient: means a diagnosed terminally ill patient, with an anticipated life expectancy of six months or less, who, alone or in conjunction with designated family members, has voluntarily requested admission and been accepted into a licensed hospice program. See Virginia Code 32.1-162.1
• Human consumption: means drinking, food preparation, dishwashing, bathing, showering, hand washing, teeth brushing, and maintaining oral hygiene. See Virginia Code 32.1-167
• Identifiable hospice administration: means an administrative group, individual or legal entity that has a distinct organizational structure, accountable to the governing authority directly or through a chief executive officer. See Virginia Code 32.1-162.1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Inpatient: means the provision of services, such as food, laundry, housekeeping, and staff to provide health or health-related services, including respite and symptom management, to hospice patients, whether in a hospital, nursing facility, or hospice facility. See Virginia Code 32.1-162.1
• Inter vivos: Transfer of property from one living person to another living person.
• Interdisciplinary team: means the patient and the patient's family, the attending physician, and the following hospice personnel: physician, nurse, social worker, and trained volunteer. See Virginia Code 32.1-162.1
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Licensed onsite soil evaluator: means a person who is licensed under Chapter 23 of Title 54. See Virginia Code 32.1-163
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Lineal descendant: Direct descendant of the same ancestors.
• Lobbying: means :

  1. See Virginia Code 2.2-419

• Lobbyist: means :

  1. See Virginia Code 2.2-419

• Local government: means :

  1. See Virginia Code 2.2-419

• Maintenance: includes pumping the tanks or cleaning the building sewer on a periodic basis. See Virginia Code 32.1-163
• Master Settlement Agreement: means the settlement agreement and related documents entered into on November 23, 1998, by the Commonwealth and leading United States tobacco product manufacturers. See Virginia Code 3.2-4200
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Operate: means the act of making a decision on one's own volition (i) to place into or take out of service a unit process or unit processes or (ii) to make or cause adjustments in the operation of a unit process at a treatment works. See Virginia Code 32.1-163
• Operation: means the biological, chemical, and mechanical processes of transforming sewage or wastewater to compounds or elements and water that no longer possess an adverse environmental or health impact. See Virginia Code 32.1-163
• Operator: means any individual employed or contracted by any owner, who is licensed or certified under Chapter 23 of Title 54. See Virginia Code 32.1-163
• Owner: means the Commonwealth or any of its political subdivisions, including sanitary districts, sanitation district commissions and authorities, any individual, any group of individuals acting individually or as a group, or any public or private institution, corporation, company, partnership, firm or association which owns or proposes to own a sewerage system or treatment works. See Virginia Code 32.1-163
• Owner: means an individual, group of individuals, partnership, firm, association, institution, corporation, governmental entity, or the federal government, that supplies or proposes to supply water to any person within this Commonwealth from or by means of any waterworks. See Virginia Code 32.1-167
• Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
• Person: includes any partnership, corporation, association or other legal entity, public or private. See Virginia Code 32.1-162.7
• person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Virginia Code 3.2-4200
• person: means any individual, firm, copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. See Virginia Code 5.1-89
• Person: means any individual, corporation, government, political subdivision of the Commonwealth, or governmental subdivision or agency, business trust, estate, trust, partnership, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. See Virginia Code 5.1-1
• Public body: means any legislative, executive or judicial body, agency, office, department, authority, post, commission, committee, institution, board or political subdivision created by law to exercise some sovereign power or to perform some governmental duty, and empowered by law to undertake the activities described in this chapter. See Virginia Code 2.2-4301
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Pure water: means water fit for human consumption that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the persons served. See Virginia Code 32.1-167
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regulations: means the Sewage Handling and Disposal Regulations, heretofore or hereafter enacted or adopted by the State Board of Health. See Virginia Code 32.1-163
• Released claims: means Released Claims as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
• Releasing parties: means Releasing Parties as that term is defined in the Master Settlement Agreement. See Virginia Code 3.2-4200
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Residence: means the place where the individual or patient makes his home such as his own apartment or house, a relative's home or an assisted living facility, but shall not include a hospital, nursing facility or nursing home or other extended care facility. See Virginia Code 32.1-162.7
• Review Board: means the State Sewage Handling and Disposal Appeals Review Board. See Virginia Code 32.1-163
• Secretary: means the Secretary of the Commonwealth. See Virginia Code 2.2-419
• Services: means any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. See Virginia Code 2.2-4301
• Sewage: means water-carried and non-water-carried human excrement, kitchen, laundry, shower, bath or lavatory wastes, separately or together with such underground, surface, storm and other water and liquid industrial wastes as may be present from residences, buildings, vehicles, industrial establishments or other places. See Virginia Code 32.1-163
• Sewerage system: means pipelines or conduits, pumping stations and force mains and all other construction, devices and appliances appurtenant thereto, used for the collection and conveyance of sewage to a treatment works or point of ultimate disposal. See Virginia Code 32.1-163
• Special order: means an administrative order issued to any person to comply with: (i) the provisions of any law administered by the Board, (ii) any condition of a permit, (iii) any regulation of the Board, or (iv) any case decision, as defined in § 2. See Virginia Code 32.1-167
• State Board: means the State Board of Health. See Virginia Code 32.1-3
• Subsurface drainfield: means a system installed within the soil and designed to accommodate treated sewage from a treatment works. See Virginia Code 32.1-163
• Taxpayer: includes every person, corporation, partnership, organization, trust or estate subject to taxation under the laws of this Commonwealth, or under the ordinances, resolutions or orders of any county, city, town or other political subdivision of this Commonwealth. See Virginia Code 58.1-1
• Tobacco product manufacturer: means an entity that after the date of enactment of this act directly (and not exclusively through any affiliate):

  1. See Virginia Code 3.2-4200

• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transportation: means the vehicular conveyance of sewage. See Virginia Code 32.1-163
• Treatment works: means any device or system used in the storage, treatment, disposal or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power and other equipment and appurtenances, septic tanks, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluents resulting from such treatment. See Virginia Code 32.1-163
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• 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}
• Units sold: means the number of individual cigarettes sold in the Commonwealth by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the Commonwealth on packs (or "roll-your-own" tobacco containers) bearing the excise tax stamp of the Commonwealth. See Virginia Code 3.2-4200
• Water supply: means water taken into a waterworks from wells, streams, springs, lakes, and other bodies of surface water, natural or impounded, and the tributaries thereto, and all impounded ground water but does not include any water above the point of intake of such waterworks. See Virginia Code 32.1-167
• Waterworks: includes all structures, equipment, and appurtenances used in the storage, collection, purification, treatment, and distribution of pure water except the piping and fixtures inside the building where such water is delivered. See Virginia Code 32.1-167
• Winery: means every person, including any authorized representative of such person pursuant to § 4. See Virginia Code 4.1-401