N.Y. Public Authorities Law § 2047-b: Definitions

§ 2047-b. Definitions. As used or to refer to in this title, unless a

different meaning clearly appears from the context:

1. "Agency" means the public benefit corporation created by section

two thousand forty-six-c of this title, known as the Dutchess County

Resource Recovery Agency.

2. "Area of operation" means the county of Dutchess.

3. "Bonds" means 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.

4. "Cost" as applied to any project, includes 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.

5. "County" means the county of Dutchess.

6. "Construction" means 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.

7. "Governing body" means the members of the agency constituting and

acting as the governing body of the agency.

8. "Municipality" means any county, city, town, village, improvement

district, or public corporation of the state, or any combination

thereof.

9. "Person" means any natural person, partnership, association, joint

venture or corporation, exclusive of a public corporation.

10. "Project" means 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.

11. "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.

12. "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.

13. "Revenues" means all rates, fees, rents, charges and other income

derived by the agency from its operations.

14. "Solid waste" means 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.

15. "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 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 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.

16. "State" means the state of New York.

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.