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SECTION 1-0303
General definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 1, TITLE 3
§ 1-0303. General definitions.

Whenever used in this chapter, unless a different meaning clearly
appears from the context or unless a different meaning is stated in a
definition applicable to only a portion of this chapter:

1. "Air pollution emergency" means a combination of circumstances
which requires immediate action to reduce the quantity of contaminants
in the atmosphere due to danger to public health and welfare, injury to
agricultural crops and livestock, damage to and deterioration of
property, hazards to air and ground transportation or impairment of
environmental quality.

2. "Article," "title," "section" and "subdivision" shall mean such
article, title, section or subdivision of this chapter.

4. "Commissioner" shall mean the state Commissioner of Environmental
Conservation.

5. "Consolidated health district" shall mean a health district
established under section 390 of the Public Health Law.

6. "Council" shall mean the Council of Environmental Advisers.

7. "County department of health" shall mean that division of the
county government having jurisdiction over the public health of a county
or part-county health district.

8. "County health commissioner" shall mean the executive officer of a
county department of health.

9. "County health district" shall mean a health district comprising
the entire county heretofore or hereafter established.

10. "County legislative body" shall mean the board of supervisors, or
the elected county legislative body, if the county has one.

11. "Department" shall mean the state Department of Environmental
Conservation.

12. "Health district" shall mean a county health district, part-county
health district, city, town, village or consolidated health district
having a separate board of health.

13. "Local board of health" shall mean the board of health of a
county, part-county, city, village, town or consolidated health
district.

14. "Local health officer" shall mean the health officer of a county,
part-county, city, village, town or consolidated health district.

15. As used in sections 3-0109 through 3-0115, inclusive, and sections
3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,
11 and 13 of article 21; article 23; title 3 of article 27; articles 43,
45 and 47; and titles 1 through 13 inclusive and title 33 of article 71
applicable to these provisions, "local public corporation" shall mean
any "municipal corporation" or "district corporation" as defined in
subdivisions two and three of section sixty-six of the general
construction law.

16. As used in articles 17 and 19 of this chapter, "municipality"
shall mean a city, village, town or consolidated health district.

17. "Part-county health district" shall mean all that part of a county
outside of a city or cities having a population of fifty thousand or
more heretofore or hereafter established as a health district.

18. "Person" shall mean any individual, public or private corporation,
political subdivision, government agency, department or bureau of the
state, municipality, industry, co-partnership, association, firm, trust,
estate or any other legal entity whatsoever. Provided, however, that for
purposes of sections 3-0109 through 3-0115 inclusive, and sections
3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,
11 and 13 of article 21; article 23; articles 43, 45 and 47; sections
57-0121 and 57-0123 of article 57; and titles 1 through 13 inclusive and
title 33 of article 71 applicable to these provisions, "person" means
any individual, firm, co-partnership, association or corporation other
than the state and a "public corporation".

19. "Pollution" shall mean the presence in the environment of
conditions and or contaminants in quantities of characteristics which
are or may be injurious to human, plant or animal life or to property or
which unreasonably interfere with the comfortable enjoyment of life and
property throughout such areas of the state as shall be affected
thereby.

20. As used in sections 3-0109 through 3-0115 inclusive, and sections
3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,
11 and 13 of article 21; article 23; title 3 of article 27; articles 43,
45 and 47; and titles 1 through 15 inclusive and title 33 of article 71
applicable to these provisions, "public corporation" shall mean "public
corporation" as defined in subdivision 1 of section 3 of the General
Corporation Law and includes all public authorities.

21. As used in sections 3-0109 through 3-0115 inclusive, and sections
3-0305 and 3-0307 of article 3; articles 9, 11, 13 and 15; titles 7, 9,
11 and 13 of article 21; article 23; title 3 of article 27; articles 43,
45 and 47; and titles 1 through 15 inclusive and title 33 of article 71
applicable to these provisions, "state public corporation" shall mean
public benefit corporation to which the Governor appoints a majority of
the members. A person who is a member of a public corporation by virtue
of holding another state office shall be deemed to be selected as a
member of the public benefit corporation in the manner in which he was
selected for such other office.

22. "Infant" or "minor" shall mean any person who has not attained the
age of eighteen years.

23. "Arbor day" shall mean the last Friday of April.

24. "Sole source aquifer" shall mean an aquifer system that the United
States environmental protection agency, pursuant to Public Law 93-523
which is known as the federal Safe Drinking Water Act of 1974, has
designated as the sole or principal drinking water source for an area
and which, if contaminated, would create a significant hazard to public
health.

25. "Telecommuting" shall mean the conservation of energy through the
reduction of travel by employees of the department to and from their
designated workplace through the use of telecommunication and computer
technology in tasks including, but not limited to, information transfer
and processing.