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.
