PART I. DEFINITIONS AND GENERAL PROVISIONS

 

§342F-1  Definitions.  As used in thischapter, unless the context otherwise requires:

"Complaint" means any written chargefiled with or by the department that a person is violating any provision ofthis chapter or any rule or order adopted pursuant to this chapter.

"dBA" means the A-weighted soundlevel or unit of measurement describing the total sound level of all noises asmeasured with a sound level meter using the "A" weighting network.

"dBC" means the C-weighted soundlevel or unit of measurement describing the total sound level of all noises asmeasured with a sound level meter using the "C" weighting network.

"Decibel" means the unit formeasuring the volume of sound, equal to twenty times the logarithm to the baseten of the ratio of the pressure of the sound measured to the referencepressure, which is twenty micropascals (0.0002 dynes per square centimeter).

"Department" means the department ofhealth.

"Director" means the director ofhealth.

"Excessive noise" means the presenceof sound as measured by standard testing devices as established by the noiserules adopted by the department of a volume or in quantities and for durationswhich endangers human health, welfare or safety, animal life, or property orwhich unreasonably interferes with the comfortable enjoyment of life andproperty in the State or in such areas of the State as are affected thereby.

"Party" means each person or agencynamed as party or properly entitled to be a party in any court or agencyproceeding.

"Off-hour roadwork" means any roadwayconstruction between the hours of 6 p.m. and 7 a.m., which would require avariance from the committee on noise rules in the department of health.

"Permit" means written authorizationfrom the director to construct, modify, or operate any excessive noise source. A permit authorizes the grantee to cause or emit excessive noise in a manner oramount, or to do any act, not forbidden by this chapter or by rules adoptedunder this chapter, but requiring review by the department.

"Person" means any individual,partnership, firm, association, public or private corporation, federal agency,the State or any of its political subdivisions, trust, estate, or any otherlegal entity.

"Pollution" means excessive noise.

"Variance" means special writtenauthorization from the director to cause or emit excessive noise in a manner orin an amount in excess of applicable standards, or to do an act that deviatesfrom the requirements of rules adopted under this chapter.

"Vehicle" means any device in, upon,or by which any person or property is or may be transported or drawn, includingboats and ships. [L 1989, c 212, pt of §3; am L Sp 2009, c 25, §4]