N.Y. Public Authorities Law § 2046-b: 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.