2006 New York Code - Definitions.

 
    § 2049-bb. Definitions. As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Area of operation" means either or both the counties of Oneida and
  Herkimer.
    2. "Authority" means the public benefit corporation created by section
  two  thousand  forty-nine-cc of this title, known as the Oneida-Herkimer
  solid waste management authority.
    3. "Bonds" means the bonds, notes or other evidences  of  indebtedness
  issued  by  the  authority  pursuant to this title and the provisions of
  this title relating to bonds and  bondholders  which  shall  apply  with
  equal  force  and  effect to notes and noteholders, respectively, unless
  the context otherwise clearly requires.
    4.  "Construction"  means   the   acquisition,   erection,   building,
  alteration,   repair,  improvement,  increase,  enlargement,  extension,
  reconstruction,  renovation  or  rehabilitation   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.
    5. "Cost" as applied to any project, means and includes  the  cost  of
  construction, the cost of the acquisition of all property, both real and
  personal  and improved and unimproved, the cost of demolishing, removing
  or  relocating  any  buildings  or  structures  on  lands  so  acquired,
  including  the  cost  of  relocating  tenants  or other occupants of the
  buildings or structures on such land and the cost of acquiring any lands
  to which such building or structures 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,  credit  enhancement  or  bond  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 authority providing for the issuance of bonds
  to be paid into any reserve or other special fund from the  proceeds  of
  such bonds and the financing of the placing of any project in operation,
  including  reimbursement  to  either  of the counties, any municipality,
  state agency, the state, the  United  States  government  or  any  other
  person for expenditures that would be costs of the project hereunder had
  they been made directly by the authority.
    6.  "Counties" means the counties of Oneida or Herkimer, or Oneida and
  Herkimer individually, as shall be determined by the usage of such terms
  in this title.
    7. "Governing body" means the members of  the  authority  constituting
  and acting as the governing body of the authority.
    8.  "Legislative body" or "legislative bodies" means either or both of
  the county legislatures of the counties of Oneida and Herkimer.
    9. "Municipality" means any county, city, town,  village,  improvement
  district,  or  area  established  under  the  town  law, refuse district
  established under the county law, district or area having powers similar
  to a refuse district created under any general or special law, or public
  corporation of the state, or any combination thereof.
    10. "Person" means any natural person, partnership, association, joint
  venture or corporation, exclusive of a public corporation.
    11. "Project"  means  any  solid  waste  management-resource  recovery
  facility,  and  any  appurtenances  thereto  necessary  or  desirable to
  promote the efficiency or effectiveness of any facility,  the  planning,
  development, financing, construction, operation, or maintenance of which
  is  authorized  to  be  undertaken  in whole or in part by the authority
  pursuant to this title.
    12.  "Real property" means lands, structures, franchises and interests
  in land, waters, lands underwater, 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 judgment, mortgages or otherwise and all claims
  for damage for such real property.
    13. "Resource recovery" means 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.
    14. "Revenues" means all rates, fees, rents, charges and other  income
  derived by the authority from its operation.
    15.  "Solid  waste"  means  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,  or  are  being
  accumulated, stored, or physically, chemically or  biologically  treated
  prior  to being discarded or rejected, having served their intended use,
  or as  a  manufacturing  by-product,  including,  but  not  limited  to,
  garbage,  refuse,  industrial, commercial and agricultural 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, special nuclear or by-product material within
  the meaning of the Atomic Energy Act of 1954, as amended, or waste which
  appears on the list or satisfies the characteristics of hazardous  waste
  promulgated  by  the commissioner of environmental conservation pursuant
  to section 27-0903 of the environmental conservation law.
    16. "Solid waste management-resource recovery facility" or  "facility"
  means   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 for or is incidental
  to the collecting,  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, collection vehicles, processing  systems,  resource
  recovery  facilities,  steam  and  electric  generating and transmission
  facilities, including auxiliary facilities to supplement or  temporarily
  replace  such  generating  facilities,  steam  distribution  and related
  plants  and   facilities,   sanitary   landfills,   leachate   treatment
  facilities,   plants   and  facilities  for  compacting,  composting  or
  pyrolization  of  solid   wastes,   secure   land   burial   facilities,
  landspreading  facilities,  surface  impoundments and waste oil storage,
  reprocessing and recycling facilities,  incinerators,  and  other  solid
  waste disposal, reduction or conversion facilities and resource recovery
  equipment, source separation equipment and disposal equipment as defined
  in  subdivisions  four  and five of section 51-0903 of the environmental
  conservation law. Any such  facility  producing  either  electricity  or
  shaft   horsepower   and   useful  thermal  energy  shall  constitute  a
  co-generation facility as designated in subdivision two-a of section two
  of the public service law.
    17. "Source separation" means the segregation of recyclable  materials
  from  the  solid  waste  stream  at the point of generation for separate
  collection, sale or other disposition.
    18. "State" means the state of New York.