N.Y. Public Authorities Law § 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.