N.Y. Public Authorities Law § 1281: Definitions

§ 1281. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Corporation" shall mean the corporation continued by section

twelve hundred eighty-two of this title.

2. "Construction" shall mean the erection, building, acquisition,

alteration, reconstruction, improvement, enlargement or extension of

sewage treatment works, sewage collecting systems, solid waste disposal

facilities, air pollution control facilities, water management

facilities, storm water collecting systems, state park infrastructure

projects, or all or any portion of Riverbank Park as the case may be;

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 necessary thereto.

3. "Governing body" shall mean

a. In the case of a county, city, town, village, county or town

improvement district, the board of supervisors, board of aldermen,

common council, commission, town board, board of trustees or other

elective board or body now or hereafter vested by state statute, charter

or other law with jurisdiction to initiate and adopt local laws or

ordinances, whether or not such local laws or ordinances require the

approval of the chief executive officer or other official or body to

become effective;

b. In the case of a district corporation, the board vested with the

management and control of the corporation; and

c. In the case of a sewer authority now existing in a city, the

members of such authority.

4. "Municipal bonds and notes" shall mean the bonds and notes

authorized and issued pursuant to the local finance law or other act of

the legislature by any municipality for the purposes of financing the

construction of a sewage treatment works, sewage collecting system,

storm water collecting system, water management facility, air pollution

control facility, or solid waste disposal facility.

5. "Municipality" shall mean any county, city, town, village, district

corporation, county or town improvement district, sewer authority now

existing in a city, or any two or more of the foregoing which are acting

jointly in connection with a sewage treatment works, sewage collecting

system, solid waste disposal facility, air pollution control facility,

water management facility, or storm water collecting system. For

purposes of sections twelve hundred eighty-five-j and twelve hundred

eighty-five-m of this title only, a municipality may, in addition to the

foregoing, include an Indian nation or tribe recognized by the state or

the United States with a reservation wholly or partly within the

boundaries of New York state, any public benefit corporation or public

authority established pursuant to the laws of New York or any agency of

New York state which is empowered to construct and operate a municipal

water pollution control project or water management facility, or any two

or more of the foregoing which are acting jointly in connection with a

municipal water pollution control project or water management facility.

For purposes of section twelve hundred eighty-five-m of this title only,

a municipality may, in addition to the foregoing, include a school

district.

6. "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.

7. "Sewage collecting systems" shall mean systems of underground

conduits designed to pick up sewage from commercial, residential and

industrial properties and deliver it by gravity with or without

intermediate pumping to a sewage treatment or disposal plant.

8. "Sewage treatment works" shall mean a facility for the purpose of

treating, neutralizing or stabilizing sewage, industrial waste or a

combination thereof, including but not limited to treatment or disposal

plants, the necessary intercepting, outfall, force mains and outlet

sewers, pumping stations integral to such plants or sewers, and other

property used for treating, utilizing, storing, processing, or finally

disposing of sewage or industrial waste, equipment and furnishings

thereof and their appurtenances.

9. "Solid waste" shall mean all putrescible and non-putrescible solid

wastes, including but not limited to garbage, refuse, sludge, rubbish,

ashes, incinerator residue, street cleanings, dead animals, demolition

and construction debris, automobile bodies, offal and other discarded

and solid materials, including but not limited to that resulting from

commercial, industrial, construction, demolition, agricultural,

governmental, residential or community processes or activities.

10. "Solid waste disposal facility" shall mean a facility or site for

the purpose of treating, compacting, recycling, or disposing of solid

waste materials, including treatment, compacting, resource recovery or

disposal plants, equipment and furnishings thereof used for the storage,

treatment, compacting, composting, shredding, converting, utilization,

processing, or final disposal of solid waste, including but not limited

to resource recovery facilities, mechanical, chemical or thermal

processing systems, incinerators, sanitary landfills, other facilities

for the storage, reduction or conversion of solid waste, used singly or

in combination, and appurtenances, furnishings, equipment and machinery

deemed necessary thereto, whether said facility or site serves one or

more purposes in addition to the primary purpose of disposing of solid

waste materials, and a facility or site for the collection and

conveyance of solid wastes, including but not limited to transfer

stations, baling facilities, railroad and maritime facilities, motor

trucks or vehicles and appurtenances, furnishings, equipment and

machinery deemed necessary thereto, but not including services necessary

for the collection of solid wastes.

11. "State agency" shall mean any officer, authority, corporation,

department, board, commission, bureau, division, public benefit

corporation, council, agency or instrumentality of the state.

12. "State" shall mean the state of New York.

13. "Cost" as applied to any project shall include, but not be limited

to, 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 lands so acquired,

including the cost of acquiring any lands to which such buildings or

structures may be moved or relocated, the costs of all systems,

facilities, machinery and equipment, financing charges, interest prior

to and during construction, 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 incident to the construction of such project and the

financing of the construction thereof, including the amount authorized

in the resolution of the corporation providing for the issuance of bonds

to be paid into any special fund from the proceeds of such bonds and the

financing of the placing of any project in operation, including

reimbursement to any municipality, state agency, the state, the United

States government, or any other person for expenditures, made with the

prior approval of the corporation, that would be costs of the project

hereunder had they been made directly by the corporation.

14. "Person" shall mean any person, including individuals, firms,

partnerships, associations, public utilities or corporations organized

or existing under the laws of the state or any other state, exclusive of

a municipal corporation or state agency.

15. "Project" shall mean any sewage treatment works, sewage collecting

systems, solid waste disposal facilities, air pollution control

facility, water management facility, industrial hazardous waste

treatment, storage, exchange and disposal facility, inactive hazardous

waste disposal site remedial program, storm water collecting system, and

waste oil recovery, reprocessing and rerefining facilities or any other

works or facilities which the corporation is authorized to plan,

finance, construct, operate or maintain under the provisions of this

title including all buildings, systems, facilities, appurtenances,

machinery and equipment which the corporation deems necessary for the

operation of the project, including the site therefor, together with all

property, rights, easements and interests, either on or off such site,

which may be required for the operation of the project.

16. "Sewage" shall mean the water-carried human or animal wastes from

residences, buildings, industrial establishments or other places,

together with such ground water infiltration and surface water as may be

present. The admixture with sewage of industrial waste or other waste

shall also be considered "sewage" within the meaning of this title.

17. "Air pollution control facility" shall mean a facility, for the

purpose of abating or controlling atmospheric pollutants, contaminants,

waste or heat, by recovery methods or otherwise, whether said facility

serves one or more purposes in addition to the primary purpose of

abating or controlling such pollutants, contaminants, waste, or heat,

including treatment, neutralizing or stabilizing plants, site equipment

and necessary furnishings thereof, their appurtenances, and any

property, real or personal, functionally related and subordinate to said

facility.

18. "Industrial waste" shall mean any liquid, gaseous, or solid waste

substance or a combination thereof resulting from any process of

industry, manufacture, trade, or business, or from the development,

processing, or recovery of any natural resource which pollutes the water

or air of the state.

19. "Water management facility" shall mean a water supply facility or

a facility or site for the supply, control, treatment and distribution

of water, including but not limited to water transmission lines, pumping

stations, reservoirs, dams and other impoundments, and all of the

necessary appurtenances incidental thereto for the purpose of providing

a public water supply. It shall also mean a facility for the purpose of

abating or controlling water pollutants, contaminants, waste or heat, by

recovery methods or otherwise, whether said facility serves one or more

purposes in addition to the primary purpose of abating or controlling

such pollutants, contaminants, waste or heat, including but not limited

to treatment, neutralizing or stabilizing plants, site equipment and

necessary furnishings thereof, their appurtenances, and any other

property, real or personal, functionally related and subordinate to said

facility.

20. "Storm water collecting system" shall mean systems of conduits and

all other constructions, devices, and appliances appurtenant thereto,

designed and used to collect and carry storm water and surface water,

street wash and other wash or drainage waters.

21. "Resource recovery facilities" shall mean facilities, structures,

machinery, or devices, singly or in combination, designed, constructed

and required to separate, process, modify, convert, treat, or prepare

collected solid waste so that component materials or substances or

recoverable resources may be used as a raw material or for their

productive purposes, which are required for the process of obtaining

materials, substances, or heat, oil, gas or other sources or forms of

energy from solid waste for use or reuse, including but not be limited

to, singly or in combination, structures, mechanical, chemical or

thermal processing systems, furnaces, steam generating equipment,

electric generating equipment, pyrolization facilities and other

appurtenances, furnishings, equipment and machinery deemed necessary

thereto.

22. "Industrial hazardous waste" shall mean an industrial waste or

combination of wastes, which because of its quantity, concentration, or

physical, chemical or infectious characteristics may:

(a) cause, or significantly contribute to an increase in serious

irreversible, or incapacitating reversible illness; and/or

(b) pose a substantial present or potential hazard to human health or

the environment and, therefore, must be segregated and excluded from the

general municipal waste system and sewage collection and treatment

process.

23. "Industrial hazardous waste treatment, storage and disposal

facility" shall mean a specialized facility or site other than a sewage

treatment for the purpose of treating, storing, compacting, recycling,

exchanging, or disposing of industrial hazardous waste materials,

including treatment, compacting, resource recovery or disposal plants,

equipment and furnishings thereof used for the storage, treatment,

compacting, composting, shredding, converting, utilization, processing,

or final disposal of hazardous waste, including but not limited to

mechanical, chemical or thermal processing systems, incinerators,

sanitary landfills, other facilities for the storage, reduction or

conversion of hazardous waste, including but not limited to transfer

stations, baling facilities, railroad and maritime facilities, motor

trucks or vehicles and appurtenances, furnishings, equipment and

machinery deemed necessary thereto.

24. "Hazardous waste" shall have the same meaning as set forth in

section 27-1301 of the environmental conservation law.

25. "Inactive hazardous waste disposal site" shall have the same

meaning as set forth in section 27-1301 of the environmental

conservation law.

26. "Inactive hazardous waste disposal site remedial program" shall

have the same meaning as set forth in section 27-1301 of the

environmental conservation law.

27. "Municipal water pollution control project" shall mean a sewage

facility or related facility which is an "eligible project" within the

meaning of section 17-1909 of the environmental conservation law.

* 28. "Riverbank Park" shall mean a park or parks to be located on a

site of approximately twenty-eight acres, on the roof of and adjacent to

the North River sewage treatment plant, located at the Hudson River

between 137th and 145th Streets in the borough of Manhattan, city of New

York, including all buildings, systems, bridges and other means of

pedestrian or vehicular access, recreational, cultural and athletic

facilities, appurtenances, machinery and equipment which the corporation

deems necessary for the operation of such park or parks, including the

site therefor, together with all property, rights, easements and

interests, either on or off such site, which may be required for the

operation of such park or parks. Such recreational, cultural and

athletic facilities may include, without limitation, swimming pools,

gymnasia, athletic fields, skating rinks, tennis courts, theaters or

amphitheaters and centers for the performing arts.

* NB There are 2 sub 28's

* 28. "Waste" means any garbage, refuse, sludge from a waste treatment

plant, water supply treatment plant, or air pollution control facility,

and other discarded material, whether or not such material may

eventually be used for some other purpose, including solid, liquid,

semisolid, or contained gaseous material resulting from industrial,

commercial, mining and agricultural operations or from community

activities, and source, special nuclear or by-product material as

defined in the Atomic Energy Act of 1954, as amended, except as may be

provided by existing agreements between the state of New York and the

government of the United States, but does not include solid or dissolved

material in domestic sewage, or solid or dissolved materials in

irrigation return flows or industrial discharges which are point sources

subject to permits under article seventeen of the environmental

conservation law.

* NB There are 2 sub 28's

29. "State park infrastructure" shall mean state park resources,

recreational facilities and historic sites and any other property, real

or personal, under the jurisdiction of the New York state office of

parks, recreation and historic preservation, together with machinery,

equipment, furnishings and fixtures relating thereto or used in

connection therewith.

30. "State park infrastructure project" shall mean all costs incurred

or to be incurred by or on behalf of the office of parks, recreation and

historic preservation for the purpose of preserving, improving or

rehabilitating state park infrastructure.

31. "Waste oil" shall mean used engine lubricating oil and any other

oil, including but not limited to, fuel oil, motor oil, gear oil,

cutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil

storage tank residue, animal oil, and vegetable oil, which has been

contaminated by physical or chemical impurities, through use or

accident, and has not subsequently been rerefined.

32. "Waste oil recovery, reprocessing and rerefining facilities" shall

mean facilities, structures, machinery, or devices, singly or in

combination, for purposes of separating, processing, modifying,

converting, treating or otherwise preparing waste oil so that it, or its

components or substances, may be beneficially reused, including reuse as

raw materials, as lubricants, or as an energy source. Such facilities,

structures, machinery or devices may include, but shall not be limited

to, mechanical, chemical or thermal processing systems, furnaces,

laboratories, storage and blending tanks, pumping stations, transfer

stations, railroad and maritime facilities, motor trucks or vehicles and

other appurtenances, furnishings, machinery and equipment deemed

necessary thereto.

33. "Water supply facility" or "water supply project" shall mean a

water supply facility which is an "eligible project" within the meaning

of subdivision four of section eleven hundred sixty of the public health

law.

34. "Recipient" shall mean any municipality, public utility, or

person, including any individual, firm, partnership, association,

not-for-profit corporation or other corporation organized and existing

under the laws of the state or any other state which is empowered to

construct and operate an eligible project, or any two or more of the

foregoing which are acting jointly in connection with an eligible

project.