Virginia Code Title 21. Drainage, Soil Conservation, Sanitation and Public Facilities Districts § 21-142. Definitions

(1) The term “district” means a sanitation district created and existing pursuant to §§ 21-145 to 21-153 or heretofore or hereafter created by a special act of the General Assembly for the purpose of taking advantage of the provisions of this chapter;

(2) The term “commission,” except where the context requires reference to the board or commission mentioned and provided for in § 21-157, means the body corporate and politic comprising a district and its inhabitants created and existing pursuant to § 21-154;

(3) The term “chairman” means the chairman of a commission;

(4) The term “sewage disposal system” or “facilities,” used in relation to a commission, means the sewers, conduits, pipelines pumping and ventilating stations, treatment plants and works, and other plants, structures, boats, conveyances and other real and personal property operated by the commission for the purposes of the commission;

(5) The term “tidal waters of the district” means the waters within the district affected by the ebb and flow of the tide and also, in the event that the commission shall, pursuant to § 21-216, enter into any contract or agreement with any county, city or town in whole or in part outside of the district, and for so long as such contract or agreement shall remain in force, the waters within such county, city or town, which are affected by the ebb and flow of the tide, and the waters within one mile of such county, city or town which are affected by the ebb and flow of the tide are not included within the boundaries of any other county, city or town, or within the boundaries of any other sanitation district;

(6) The term “industrial wastes” means liquid or other wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resource;

(7) The term “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 building, together with such surface or ground water and industrial wastes as may be present;

(8) The term “pollution” means the condition of water resulting from any of the following acts:

(9) The term “Governor” means the Governor of the Commonwealth of Virginia;

(10) The term “construct” includes construct, reconstruct, replace, improve and repair;

(11) The term “person” includes an individual, partnership, association, or corporation;

(12) The term “governing body” shall mean the board of supervisors, board of county commissioners, council or other local legislative body, board, commission, or other legislative authority having charge of the finances of any county, city or town;

(13) The term “town” means an incorporated town;

(14) The term “county” means a county exclusive of that portion thereof lying within the boundaries of an incorporated town.

(a) Pre–2008 credits. NO_X and PM credits generated before model year 2008 may be used under this part in the same manner as NO_X and PM credits generated under this part.

(b) General cycle restriction. Locomotives subject to both switch cycle standards and line-haul cycle standards (such as Tier 2 locomotives) may generate both switch and line-haul credits. Except as specified in paragraph (c) of this section, such credits may only be used to show compliance with standards for the same cycle for which they were generated. For example, a Tier 2 locomotive that is certified to a switch cycle NO_X FEL below the applicable switch cycle standard and a line-haul cycle NO_X FEL below the applicable line-haul cycle standard may generate switch cycle NO_X credits for use in complying with switch cycle NO_X standards and a line-haul cycle NO_X credits for use in complying with line-haul cycle NO_X standards.

(c) Single cycle locomotives. As specified in § 1033.101, Tier 0 switch locomotives, Tier 3 and later switch locomotives, and Tier 4 and later line-haul locomotives are not subject to both switch cycle and line-haul cycle standards.

(d) Tier 4 credit use. The number of Tier 4 locomotives that can be certified using credits in any year may not exceed 50 percent of the total number of Tier 4 locomotives you produce in that year for U.S. sales.

(e) Other restrictions. Other sections of this part may specify additional restrictions for using emission credits under certain special provisions.