Terms Used In West Virginia Code > Chapter 5 > Article 7 - Social Security Agency

• Abandoned lands: means land adversely affected by mineral extraction and left or abandoned in an unreclaimed or inadequately reclaimed condition. See West Virginia Code 22-27-3
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Board: means the Environmental Quality Board provided for in §. See West Virginia Code 22-32-3
• Bond: means a surety bond or any other arrangement, including but not limited to letters of credit and escrow accounts, that represent a financial guarantee from the owner of a wind generation facility or solar generation facility to meet decommissioning requirements as established in this Act. See West Virginia Code 22-32-3
• Consideration: means something of value promised, given or performed in exchange for something which has the effect of making a legally enforceable contract. See West Virginia Code 22-27-3
• decommissioning: means :

  (1) The removal and proper disposal of the solar generation facility and its foundation after the end of the facility's useful life or abandonment. See West Virginia Code 22-32-3

• Department: means the Department of Environmental Protection. See West Virginia Code 22-25-3
• Department: means the West Virginia Department of Environmental Protection. See West Virginia Code 22-27-3
• Director: means the Secretary of the Department of Environmental Protection or his or her designee. See West Virginia Code 22-1-2
• Division: means the Department of Environmental Protection. See West Virginia Code 22-1-2
• Eligible land: means land adversely affected by mineral extraction and left or abandoned in an unreclaimed or inadequately reclaimed condition or causing water pollution and for which no person has a continuing reclamation or water pollution abatement obligation. See West Virginia Code 22-27-3
• Eligible landowner: means a landowner that provides access to or use of the project work area at no cost for a reclamation or water pollution abatement project who is not or will not become responsible under state or federal law to reclaim the land or address the water pollution existing or emanating from the land. See West Virginia Code 22-27-3
• Eligible project sponsor: means a person that provides equipment, materials or services at no cost or at cost for a reclamation or water pollution abatement project who is not or will not become responsible under state or federal law to reclaim the land or address the water pollution existing or emanating from the land. See West Virginia Code 22-27-3
• Environmental goals: means the environmental performance objectives proposed by a qualified applicant that demonstrates superior environmental performance and which may support variances from environmental laws. See West Virginia Code 22-25-3
• Environmental laws: means the following articles of chapter twenty-two of the Code of West Virginia, two thousand two, as amended: Four, five, eleven, twelve, fifteen, sixteen, seventeen and eighteen and legislative rules adopted under one of those articles, or a policy, rule, permit, license, other approval or order issued by the department under one of those articles. See West Virginia Code 22-25-3
• Environmental management system: means a formal set of voluntary procedures and policies used to evaluate environmental performance and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in operations, based on a commitment to superior environmental performance. See West Virginia Code 22-25-3
• Environmental management system audit: means a systematic and documented third party verification process of evaluating whether an organization'. See West Virginia Code 22-25-3
• Environmental performance agreement: means an agreement entered into between the department and a participant of the program that specifies the participant'. See West Virginia Code 22-25-3
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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}
• Function: means any duty, obligation, power, authority, responsibility, right, privilege, activity or program. See West Virginia Code 22-1-2
• Geothermal resource: means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the secretary by legislative rule. See West Virginia Code 22-33-5
• Geothermal system: means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources. See West Virginia Code 22-33-5
• ICC: means the International Code Council. See West Virginia Code 22-29-3
• 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}
• Landowner: means a person who holds either legal or equitable interest in real property. See West Virginia Code 22-27-3
• Mineral: means any aggregate or mass of mineral matter, whether or not coherent, which is extracted by mining. See West Virginia Code 22-27-3
• Office: means any office, division, board, agency, unit, organizational entity or component thereof within the Department of Environmental Protection. See West Virginia Code 22-1-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who owns a wind generation or solar generation facility operated in West Virginia for the generation of electricity. See West Virginia Code 22-32-3
• Participant: means a qualified applicant that has been admitted into the environmental excellence program through the execution of an environmental performance agreement with the department. See West Virginia Code 22-25-3
• Person: means a natural person, partnership, association, association members, corporation, an agency, instrumentality or entity of federal or state government or other legal entity recognized by law as the subject of rights and liabilities. See West Virginia Code 22-27-3
• Person: means any individual, firm, partnership, company, association, corporation, limited liability company, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not. See West Virginia Code 22-32-3
• Pollution prevention: means any practice that reduces the use of any hazardous substance or amount of a pollutant or contaminant prior to reuse, recycling, treatment, or disposal, and reduces the hazards to public health and the environment associated with the use and release of hazardous substances, pollutants or contaminants. See West Virginia Code 22-25-3
• Program: means the environmental excellence program created pursuant to this article. See West Virginia Code 22-25-3
• Project work area: means that land necessary for a person to complete a reclamation project or a water pollution abatement project. See West Virginia Code 22-27-3
• Qualified applicant: means any regulated or nonregulated facility of a government entity, corporation, partnership, sole proprietorship, municipality, county, city and county, or special district located and doing business in this state that meets the requirements for participation in the program set forth by this article. See West Virginia Code 22-25-3
• Reclamation project: means the restoration of eligible land to productive use by regrading and revegetating the land to stable contours that blend in and complement the drainage pattern of the surrounding terrain with no highwalls, spoil piles or depressions to accumulate water, or to decrease or eliminate discharge of water pollution. See West Virginia Code 22-27-3
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Secretary: means the Secretary of the Department of Environmental Protection or his or her designee as provided in article one of this chapter. See West Virginia Code 22-33-5
• Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2
• Secretary: means the secretary of the Department of Environmental Protection. See West Virginia Code 22-25-3
• Solar generation facility: means an installation or combination of solar panels or plates, including a canopy or array, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to capture and convert solar radiation to produce electricity, including flat plate, focusing solar collectors, or photovoltaic solar cells, and that has a nameplate capacity, singularly or in the aggregate, greater than or equal to 1. See West Virginia Code 22-32-3
• Source reduction: includes equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training or inventory control. See West Virginia Code 22-25-3
• Superior environmental performance: means environmental performance that results in measurable or discernable improvement in the quality of the air, water, land or natural resources or in the protection of the ecosystem beyond that which is actually being achieved by the qualified applicant under compliance with current environmental laws. See West Virginia Code 22-25-3
• Water pollution: means the man-made or man-induced alteration of the chemical, physical, biological and radiological integrity of water located in the state. See West Virginia Code 22-27-3
• Water pollution abatement facilities: means the methods for treatment or abatement of water pollution located on eligible lands. See West Virginia Code 22-27-3
• Water pollution abatement project: means a plan for treatment or abatement of water pollution located on eligible lands. See West Virginia Code 22-27-3
• Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity, singularly or in the aggregate, greater than or equal to 1. See West Virginia Code 22-32-3