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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD5968681Be it enacted by the General Assembly of Virginia:
1. That § 15.1-1240 of the Code of Virginia is amended and reenacted as follows:
§ 15.1-1240. Definitions.
As used in this chapter, the following words and terms shall have the following meanings unless the context shall indicate another meaning or intent:
(a) The word "authority" shall mean "Authority" means an
authority created under the provisions of § 15.1-1241 or, if any such
authority shall be abolished, the board, body, or commission succeeding to
the principal functions thereof or to whom the powers given by this chapter
to such authority shall be given by law.
(q) The words "bonds" or "revenue bonds," "Bonds" or "revenue
bonds", wherever used, include notes, bonds, bond anticipation notes, or
other obligations.
(n) The word "cost" "Cost", as applied to a water system, a
sewer system, a sewage disposal system, or a garbage and refuse collection
and disposal system, shall include includes the purchase price
of any such system or the cost of acquiring all of the capital stock of the
corporation owning such system and the amount to be paid to discharge all of
its obligations in order to vest title to the system or any part thereof in
the authority, the cost of improvements, the cost of all lands, properties,
rights, easements, franchises and permits acquired, the cost of all machinery
and equipment, financing charges, interest prior to and during construction
and for one year after completion of construction, any deposit to any bond
interest and sinking fund reserve account, cost of engineering and legal
services, plans, specifications, surveys, estimates of costs and of revenues,
other expenses necessary or incident to the determining of the feasibility or
practicability of any such acquisition, improvement, or construction,
administrative expenses, and such other expenses as may be necessary or
incident to the financing herein authorized, to the acquisition, improvement,
construction of a water system, a sewer system, a sewage disposal system, or
a garbage and refuse collection and disposal system, and the placing of the
same in operation by the authority. Any obligation or expense incurred by the
authority in connection with any of the foregoing items of cost and any
obligation or expense incurred by the authority prior to the issuance of
revenue bonds under the provisions of this chapter for engineering studies
and for estimates of cost and of revenues and for other technical or
professional services which may be utilized in the acquisition, improvement
or construction of such system, may be regarded as a part of the cost of such
system.
(m) The term "cost of improvements" shall mean "Cost of
improvements" means the cost of constructing improvements as hereinabove
defined and shall embrace the cost of all labor and material, the cost of all
lands, property, rights, easements, franchises, and permits acquired which
are deemed necessary for such construction, interest during any period of
disuse during such construction, the cost of all machinery and equipment,
financing charges, cost of engineering and legal expenses, plans,
specifications, and such other expenses as may be necessary or incident to
such construction.
(b) The word "county" shall mean "County" means any county in
the Commonwealth of Virginia.
(o) The term "federal agency" shall mean "Federal agency" means
and includeincludes the United States of America, any
department or bureau thereof, the Federal Works Agency, the Reconstruction
Finance Corporation, and any other agency or instrumentality of the United
States of America heretofore established or which may be established or
created hereafter.
(r) The term "garbage and refuse," "Garbage and refuse" means
all solid waste, which shall mean not only any material customarily referred
to as garbage and refuse, but also sludge and other discarded material,
including solid, liquid, semi-solid or contained gaseous material, resulting
from industrial, commercial, mining, and agricultural operations and from
community activities and residences, but does not include (i) solid and
dissolved materials in domestic sewage, (ii) solid or dissolved material in
irrigation return flows or in industrial discharges which are sources subject
to a permit from the State Water Control Board or (iii) source, special
nuclear, or by-product material as defined by the Federal Atomic Energy Act
of 1954, as amended.
(k) The term "garbage and refuse collection and disposal
system""Garbage and refuse disposal system" means a system, plant
or facility designed to collect, manage, dispose of, and/or recover and use
energy from garbage and refuse and the land, structures, vehicles and
equipment for use in connection therewith.
(f) The term "governing body"shall mean "Governing body" means
in the case of a county the board of supervisors and in the case of a
municipality the board, commission, council or other body by whatever name it
may be known, in which the general legislative powers of the municipality are
vested.
(l) The word "improvements" shall mean "Improvements" means
such repairs, replacements, additions, extensions and betterments of and
to a water system, a sewer system, a sewage disposal system, or a garbage and
refuse collection and disposal system, as are deemed necessary by the
authority to place or to maintain such system in proper condition for the
safe, efficient and economic operation thereof or to meet requirements for
service in areas which may be served by the authority and in which no
existing service is being rendered.
(c) The word "municipality" shall mean "Municipality" means any
city or town incorporated under the laws of the Commonwealth of Virginia.
(p) The word "owner" shall include "Owner" includes all
individuals, incorporated companies, copartnerships, societies or
associations, and any federal agency or unit of the Commonwealth having any
title or interest in any water system, or sewer system, or sewage disposal
system, or a garbage and refuse collection and disposal system, or the
services or facilities to be rendered thereby.
(e) The term "political subdivision" shall mean "Political
subdivision" means a county, [ or or ] municipality [
or authority ] and any institution or commission of the
Commonwealth of Virginia.
(i) The term "sewage" [ "Sweage"
“Sewage” ] means the water-carried wastes created in and
carried, or to be carried, away from residences, hotels, schools, hospitals,
industrial establishments, commercial establishments or any other private or
public buildings, together with such surface or ground water and household
and industrial wastes as may be present.
(j) The term "sewage disposal system" "Sewage disposal system"
means any system, plant, disposal field, lagoon, pumping station,
constructed drainage ditch or surface water intercepting ditch, incinerator,
area devoted to sanitary landfills, or other works not specifically mentioned
herein, installed for the purpose of treating, neutralizing, stabilizing or
disposing of sewage, industrial waste or other wastes.
(h) The term "sewer system" or "sewage system" "Sewer system" or
sewage system" means pipelines or conduits, pumping stations, and force
mains, and all other constructions, devices, and appliances appurtenant
thereto, used for conducting sewage, industrial wastes or other wastes to a
plant of ultimate disposal.
(d) The word "unit" shall mean "Unit" means any department,
institution or commission of the Commonwealth of Virginia and any public
corporate instrumentality thereof, and any district, and shall include
counties and municipalities.
(g) The term "water system" shall mean "Water system" means all
plants, systems, facilities or properties used or useful or having the
present capacity for future use in connection with the supply or distribution
of water, or facilities incident thereto, and any integral part thereof,
including water supply systems, water distribution systems, dams and
facilities for the generation or transmission of hydroelectric power,
reservoirs, wells, intakes, mains, laterals, pumping stations, standpipes,
filtration plants, purification plants, hydrants, meters, valves and
equipment, appurtenances, and all properties, rights, easements and
franchises relating thereto and deemed necessary or convenient by the
authority for the operation thereof but not including dams or facilities for
the generation or transmission of hydroelectric power that are not incident
to plants, systems, facilities or properties used or useful or having the
present capacity for future use in connection with the supply or distribution
of water.