N.Y. Public Authorities Law § 2049-b: Definitions

§ 2049-b. Definitions. As used in this title, unless a different

meaning clearly appears from the context:

1. "Authority" shall mean the public benefit corporation created by

section two thousand forty-nine-c of this title, known as the town of

North Hempstead solid waste management authority.

2. "Bonds" shall mean the bonds, notes or other evidences of

indebtedness issued by the authority 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 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 preliminary or incidental

thereto.

4. "Cost", as applied to any project, shall mean and include the cost

of planning and design, 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

consultant and legal services, the cost of lease guarantee or bond

insurance and the cost of 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

authority 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 town or any municipality or 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 authority.

5. "Governing body" shall mean the members of the authority

constituting and acting as the governing body of the authority.

6. "Municipality" shall mean any county, city, town, village, refuse

district under the county law, improvement district under the town law,

any other such instrumentality, including any agency or public

corporation of the state, any such instrumentality created under the

Nassau county civil divisions act, or any of the foregoing, or any

combination thereof.

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 of which, or any portion of which, the planning, development,

financing, construction, operation or maintenance is authorized to be

undertaken in whole or in part by the authority pursuant to this title.

9. "Real property" shall mean 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 judgments, mortgages or otherwise.

10. "Resource recovery" shall mean the separation, extraction or

recovery of usable materials, energy or heat from solid waste through

source separation, incineration, recycling centers or other programs,

projects or facilities.

11. "Revenues" shall mean all rates, fees, rents, charges and other

income derived by the authority from its operations.

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

wastes, including, but not limited to, materials or substances discarded

or rejected, whether as being spent, useless, worthless or in excess to

the owners at the time of such discard or rejection or for any other

reason, is being accumulated, stored, or physically, chemically or

biologically treated prior to being discarded, has served its intended

use, or is a manufacturing or mining by-product, including, but not

limited to, garbage, refuse, and other discarded solid materials,

including solid waste materials resulting from industrial, commercial,

mining and agricultural operations and from community activities,

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, 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.

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 for or is incidental

to 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, shredding or 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, leachate treatment facilities, plants

and facilities for compacting, composting or pyrolization of solid

wastes, secure land burial facilities, landspreading facilities, surface

impoundments and waste oil storage, reprocessing and rerefining

facilities, incinerators and other solid waste disposal, reduction or

conversion facilities, and "resource recovery equipment" and "disposal

equipment" as such terms are defined in subdivisions four and five of

section 51-0903 of the environmental conservation law. Any such facility

producing either electricity or shaft horsepower and useful thermal

energy shall constitute a co-generation facility as defined in

subdivision two-a of section two of the public service 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 North Hempstead.