Current through Register Vol. XLI, No. 50, December 13, 2024
Section 47-61-2 - DefinitionsThe 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.