§ 1-0303 — General definitions

New York § 1-0303

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Short Title; General Definitions
• Art. 1: General Provisions

Text

§ 1-0303. General definitions.\n Whenever used in this chapter, unless a different meaning clearly\nappears from the context or unless a different meaning is stated in a\ndefinition applicable to only a portion of this chapter:\n 1. "Air pollution emergency" means a combination of circumstances\nwhich requires immediate action to reduce the quantity of contaminants\nin the atmosphere due to danger to public health and welfare, injury to\nagricultural crops and livestock, damage to and deterioration of\nproperty, hazards to air and ground transportation or impairment of\nenvironmental quality.\n 2. "Article," "title," "section" and "subdivision" shall mean such\narticle, title, section or subdivision of this chapter.\n 4. "Commissioner" shall mean the state Commissioner of Environmental\nConservation.\n 5. "Consolidated health district" shall mean a health district\nestablished under section 390 of the Public Health Law.\n 6. "Council" shall mean the Council of Environmental Advisers.\n 7. "County department of health" shall mean that division of the\ncounty government having jurisdiction over the public health of a county\nor part-county health district.\n 8. "County health commissioner" shall mean the executive officer of a\ncounty department of health.\n 9. "County health district" shall mean a health district comprising\nthe entire county heretofore or hereafter established.\n 10. "County legislative body" shall mean the board of supervisors, or\nthe elected county legislative body, if the county has one.\n 11. "Department" shall mean the state Department of Environmental\nConservation.\n 12. "Health district" shall mean a county health district, part-county\nhealth district, city, town, village or consolidated health district\nhaving a separate board of health.\n 13. "Local board of health" shall mean the board of health of a\ncounty, part-county, city, village, town or consolidated health\ndistrict.\n 14. "Local health officer" shall mean the health officer of a county,\npart-county, city, village, town or consolidated health district.\n 15. As used in sections 3-0109 through 3-0115, inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; title 3 of article 27; articles 43,\n45 and 47; and titles 1 through 13 inclusive and title 33 of article 71\napplicable to these provisions, "local public corporation" shall mean\nany "municipal corporation" or "district corporation" as defined in\nsubdivisions two and three of section sixty-six of the general\nconstruction law.\n 16. As used in articles 17 and 19 of this chapter, "municipality"\nshall mean a city, village, town or consolidated health district.\n 17. "Part-county health district" shall mean all that part of a county\noutside of a city or cities having a population of fifty thousand or\nmore heretofore or hereafter established as a health district.\n 18. "Person" shall mean any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, municipality, industry, co-partnership, association, firm, trust,\nestate or any other legal entity whatsoever. Provided, however, that for\npurposes of sections 3-0109 through 3-0115 inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; articles 43, 45 and 47; sections\n57-0121 and 57-0123 of article 57; and titles 1 through 13 inclusive and\ntitle 33 of article 71 applicable to these provisions, "person" means\nany individual, firm, co-partnership, association or corporation other\nthan the state and a "public corporation".\n 19. "Pollution" shall mean the presence in the environment of\nconditions and or contaminants in quantities of characteristics which\nare or may be injurious to human, plant or animal life or to property or\nwhich unreasonably interfere with the comfortable enjoyment of life and\nproperty throughout such areas of the state as shall be affected\nthereby.\n 20. As used in sections 3-0109 through 3-0115 inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; title 3 of article 27; articles 43,\n45 and 47; and titles 1 through 15 inclusive and title 33 of article 71\napplicable to these provisions, "public corporation" shall mean "public\ncorporation" as defined in subdivision 1 of section 3 of the General\nCorporation Law and includes all public authorities.\n 21. As used in sections 3-0109 through 3-0115 inclusive, and sections\n3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,\n11 and 13 of article 21; article 23; title 3 of article 27; articles 43,\n45 and 47; and titles 1 through 15 inclusive and title 33 of article 71\napplicable to these provisions, "state public corporation" shall mean\npublic benefit corporation to which the Governor appoints a majority of\nthe members. A person who is a member of a public corporation by virtue\nof holding another state office shall be deemed to be selected as a\nmember of the public benefit corporation in the manner in which he was\nselected for such other office.\n 22. "Infant" or "minor" shall mean any person who has not attained the\nage of eighteen years.\n 23. "Arbor day" shall mean the last Friday of April.\n 24. "Sole source aquifer" shall mean an aquifer system that the United\nStates environmental protection agency, pursuant to Public Law 93-523\nwhich is known as the federal Safe Drinking Water Act of 1974, has\ndesignated as the sole or principal drinking water source for an area\nand which, if contaminated, would create a significant hazard to public\nhealth.\n 25. "Telecommuting" shall mean the conservation of energy through the\nreduction of travel by employees of the department to and from their\ndesignated workplace through the use of telecommunication and computer\ntechnology in tasks including, but not limited to, information transfer\nand processing.\n 26. "Nature-based solution" shall mean a project that utilizes or\nmimics nature or natural processes and functions and that may also offer\nenvironmental, economic, and social benefits, while increasing\nresilience. Nature-based solutions include both green and natural\ninfrastructure.\n