1-0303 - General definitions.

§ 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.    3. "Board" shall mean the State Environmental Board.    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 andtitle  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.