2006 New York Code - Definitions.

 
    §  2046-b. Definitions. As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Agency" shall mean  the  public  benefit  corporation  created  by
  section  two  thousand  forty-six-c  of this title and shall be deemed a
  public authority.
    2. "Bonds and notes" shall mean the bonds, notes or other  obligations
  issued  by  the agency pursuant to this title and the provisions of this
  title relating to bonds and bondholders shall apply with equal force and
  effect to  notes  and  noteholders,  respectively,  unless  the  context
  otherwise clearly requires.
    3.  "Construction"  shall  mean  the  erection, building, acquisition,
  alteration, reconstruction, improvement, enlargement or extension  of  a
  solid  waste  management-resource  recovery facility; the inspection and
  supervision thereof; and the engineering, architectural,  legal,  fiscal
  and  economic  investigations  and  studies,  surveys,  designs,  plans,
  working  drawings,  specifications,   procedures   and   other   actions
  incidental thereto.
    4.  "Cost",  as  applied  to  any  project,  shall include the cost of
  acquisition of any project, the cost of construction of the project, the
  cost of acquisition of all property, including real property  and  other
  property,  both  real and personal and improved and unimproved, the cost
  of demolishing, removing or relocating any buildings  or  structures  on
  land so acquired, including the cost of acquiring any land to which such
  buildings   may  be  moved  or  relocated,  the  cost  of  all  systems,
  facilities,  machinery,  apparatus  and  equipment,  financing  charges,
  interest  prior to, during and after construction to the extent not paid
  or provided for from revenues or other sources, the cost of  engineering
  and  architectural  surveys,  plans  and  specifications,  the  cost  of
  consultants and legal services, the cost of lease guarantee or  bond  or
  note   insurance,   other   expenses  necessary  or  incidental  to  the
  construction of such project  and  the  financing  of  the  construction
  thereof, including the amount authorized in the resolution of the agency
  providing for the issuance of bonds or notes to be paid into any reserve
  or  other  special fund from the proceeds of such bonds or notes and the
  financing  of  the  placing  of  any  project  in  operation,  including
  reimbursement  to the town for expenditures made with the prior approval
  of the agency, that would be costs of the  project  hereunder  had  they
  been made directly by the agency.
    5. "Governing body" shall mean the directors of the agency.
    6.  "Municipality"  shall mean any county, city, town, village, school
  district, fire district or a county or  town  acting  on  behalf  of  an
  improvement district.
    7.  "Person"  shall mean any natural person, partnership, association,
  joint venture or corporation, exclusive of a public corporation.
    8. "Project" shall mean any solid waste  management-resource  recovery
  facility,   the   planning,   financing,   construction,   operation  or
  maintenance of which is authorized to be  undertaken,  in  whole  or  in
  part,  by the agency pursuant to this title, including any real property
  required in connection therewith.
    9. "Real  property"  shall  mean  lands,  structures,  franchises  and
  interests  in  land,  waters, lands under water, riparian rights and air
  rights and any and all things and rights included within said  term  and
  includes  not  only  fees  simple  absolute, but also any and all lesser
  interests including, but not limited to, easements, rights of way, uses,
  leases, licenses and  all  other  incorporeal  hereditaments  and  every
  estate, interest or right, legal or equitable, including terms for years
  and liens thereon by way of judgments, mortgages or otherwise.
    10.  "Revenues"  shall  mean all rates, fees, rents, charges and other
  income derived by the agency from its operations.
    11.  "Resource  recovery"  shall  mean  the separation, extraction and
  recovery of usable materials, energy or heat from  solid  waste  through
  source  separation,  recycling  centers  or  other programs, projects or
  facilities.
    12. "Solid waste" shall mean all putrescible and non-putrescible solid
  wastes, including, but not limited to, materials or substances discarded
  or rejected as being spent, useless, worthless,  or  in  excess  to  the
  owners  at  the  time  of  such  discard or rejection, including but not
  limited to garbage, refuse, industrial  and  commercial  waste,  sludges
  from air or water pollution control facilities or water supply treatment
  facilities,  rubbish,  ashes,  contained  gaseous  material, incinerator
  residue, demolition and construction debris and offal, but not including
  sewage and other highly diluted water-carried  materials  or  substances
  and  those  in  gaseous  form,  source,  special  nuclear  or by-product
  material within the meaning of the Atomic Energy Act of nineteen hundred
  fifty-four, as amended, and waste which appears on the list of hazardous
  waste promulgated by  the  commissioner  of  environmental  conservation
  pursuant to section 27-0903 of the environmental conservation law.
    13.  "Solid waste management-resource recovery facility" or "facility"
  shall mean any facility,  plant,  works,  system,  building,  structure,
  improvement,  machinery,  equipment,  fixture  or other real or personal
  property which is to be used, occupied or employed  beyond  the  initial
  solid waste collection process for the receiving, transporting, storage,
  processing  or  disposal  of solid waste or the recovery by any means of
  any material or energy product or resource therefrom including  but  not
  limited to recycling centers, transfer stations, baling facilities, rail
  haul  or  maritime  facilities,  processing  systems,  resource recovery
  facilities,  steam  and  electric   generating   facilities,   including
  auxiliary   facilities   to   supplement  or  temporarily  replace  such
  generating   facilities,   steam   distribution   facilities,   sanitary
  landfills,   plants   and   facilities  for  compacting,  composting  or
  pyrolyzation of  solid  wastes,  incinerators,  and  other  solid  waste
  disposal,  reduction  or  conversion  facilities  and  resource recovery
  equipment and disposal equipment as defined  in  subdivisions  four  and
  five of section 51-0903 of the environmental conservation law.
    14.  "Source  separation"  shall  mean  the  segregation of recyclable
  materials from the solid waste stream at the  point  of  generation  for
  separate collection, sale or other disposition.
    15. "State" shall mean the state of New York.
    16. "Town" shall mean the town of Islip.
    17. "Town board" shall mean the town board of the town of Islip.