W. Va. Code R. § 64-49-2 - Definitions

2.1. Capacity Development. -- The technical, managerial and financial capability of a public water system.
2.2. Capitalization Grant. -- The assistance agreement by which the U. S. Environmental Protection Agency obligates to award funds allotted to a State for purposes of capitalizing the State's revolving fund and funds for other purposes authorized in Section 1452 of the safe drinking water act.
2.3. Community Water System. -- A public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.
2.4. Compliance. -- Compliance with State and Federal laws, rules and regulations applicable to public water systems.
2.5. Cross Cutter Authorities. -- Federal laws and authorities that apply by their own terms to projects or activities receiving federal assistance.
2.6. Disadvantaged Community. -- The service area of a public water system that meets the affordability criteria established in the annual intended use plan after public review and comment by the division and as approved by the U. S. Environmental Protection Agency.
2.7. Division of Health. -- The division of health of the department of health and human resources.[2]
2.8. Drinking Water Treatment Revolving Fund. -- The fund established by W. Va. Code '16-13C-3(a) to be used for financial assistance to the public water systems for eligible project costs.
2.9. Intended Use Plan. -- A document prepared by the division each year which identifies the intended uses of the funds in the drinking water treatment revolving fund.
2.10. Public Water System. -- Any water system or supply which regularly supplies or offers to supply, piped water to the public for human consumption, if serving at least an average of twenty-five (25) individuals per day for at least sixty (60) days per year, or which has at least fifteen (15) service connections and includes:
(1) Any collection, treatment, storage, and distribution facilities under the control of the owner or operator of the system and used primarily in connection with the system, and
(2) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with the system.

A public water system does not include a system which meets all of the following conditions:

(1) which consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
(2) which obtains all of its water from, but is not owned or operated by a public water system which otherwise meets the definition;
(3) which does not sell water to any person; and
(4) which is not a carrier conveying passengers in interstate commerce.
2.11. Project Priority List. -- The list of projects that are to be funded which is published in the intended use plan.
2.12. Safe Drinking Water Act. -- The federal statute commonly known as the "Safe Drinking Water Act", 42 U.S.C. 300 f et seq., as enacted, amended, and as may be subsequently amended.
2.13. Set-Aside. -- Moneys from the capitalization grant to be used for non-project activities specific to the Safe Drinking Water Act.
2.14. Small System. -- A drinking water system serving ten thousand (10,000) or fewer persons.
2.15. Water Development Authority. -- The water development authority provided for in W. Va. Code '22C-1-4.

[1] The Department of Health and Human Resources (DHHR) was created by the Legislature's reorganization of the executive branch of State government in 1989. The Department of Public Health was renamed the Division of Health and made a part of the DHHR (W. Va. Code ' 5F-1-1 et seq.). Administratively within the DHHR the Bureau for Public Health through its Commissioner carries out the public health function of the Division of Health.

[2] See footnote 1.


W. Va. Code R. § 64-49-2

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