2012 New York Consolidated Laws
PBA - Public Authorities
Article 8 - MISCELLANEOUS AUTHORITIES
Title 13-B - (2045-A - 2045-X) ONONDAGA COUNTY RESOURCE RECOVERY AGENCY
2045-B - Definitions.

 
    §  2045-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-five-c of this title, known as the Onondaga
  county resource recovery agency.
    2.  "Bonds"  shall  mean  the  bonds,  notes  or  other  evidences  of
  indebtedness  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. "Cost", as applied to  any  project,  shall  include  the  cost  of
  construction,  the  cost  of  the 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 lands so  acquired,  including  the  cost  of
  acquiring  any  lands to which such buildings 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 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 agency 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  the  county,  or  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 agency.
    4. "County" shall mean the county of Onondaga.
    5. "Construction" shall  mean  the  acquisition,  erection,  building,
  alteration,     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.
    6. "Governing body" shall mean the members of the agency  constituting
  and acting as the governing body of the agency.
    7.  "Municipality" shall mean any county, city, town or village or any
  combination thereof.
    8. "Person" shall mean any natural person,  partnership,  association,
  joint venture or corporation, exclusive of a public corporation.
    9.  "Project"  shall mean any solid waste management-resource recovery
  facility, the planning, development, financing, construction, operation,
  or maintenance of which is authorized to be undertaken in  whole  or  in
  part by the agency pursuant to this title.
    10.  "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.

    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.  "Revenues"  shall  mean all rates, fees, rents, charges and other
  income derived by the agency from its operations.
    13. "Solid waste" shall mean all 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 1954, 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.
    14. "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 and transmission facilities,
  including auxiliary facilities to supplement or temporarily replace such
  generating   facilities,   steam   distribution   facilities,   sanitary
  landfills,   plants   and   facilities  for  compacting,  composting  or
  pyrolization 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.
    15. "State" shall mean the state of New York.
    16.  "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.