2023 New York Laws › ENV - Environmental Conservation › Article 1 - General Provisions › Title 3 - Short Title; General Definitions › 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.
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.
26. "Nature-based solution" shall mean  a  project  that  utilizes  or
  mimics nature or natural processes and functions and that may also offer
  environmental,   economic,   and   social   benefits,  while  increasing
  resilience.  Nature-based  solutions  include  both  green  and  natural
  infrastructure.