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

§ 2049-bb. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Area of operation" means either or both the counties of Oneida and

Herkimer.

2. "Authority" means the public benefit corporation created by section

two thousand forty-nine-cc of this title, known as the Oneida-Herkimer

solid waste management authority.

3. "Bonds" means 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 which shall apply with

equal force and effect to notes and noteholders, respectively, unless

the context otherwise clearly requires.

4. "Construction" means the acquisition, erection, building,

alteration, repair, 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.

5. "Cost" as applied to any project, means and includes the cost of

construction, the cost of the acquisition of all 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 relocating tenants or other occupants of the

buildings or structures on such land and the cost of acquiring any lands

to which such building 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, credit enhancement 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 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 either of the counties, 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 authority.

6. "Counties" means the counties of Oneida or Herkimer, or Oneida and

Herkimer individually, as shall be determined by the usage of such terms

in this title.

7. "Governing body" means the members of the authority constituting

and acting as the governing body of the authority.

8. "Legislative body" or "legislative bodies" means either or both of

the county legislatures of the counties of Oneida and Herkimer.

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

district, or area established under the town law, refuse district

established under the county law, district or area having powers similar

to a refuse district created under any general or special law, or public

corporation of the state, or any combination thereof.

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

venture or corporation, exclusive of a public corporation.

11. "Project" means any solid waste management-resource recovery

facility, and any appurtenances thereto necessary or desirable to

promote the efficiency or effectiveness of any facility, the planning,

development, financing, construction, operation, or maintenance of which

is authorized to be undertaken in whole or in part by the authority

pursuant to this title.

12. "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 and all claims

for damage for such real property.

13. "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.

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

derived by the authority from its operation.

15. "Solid waste" means 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, or are being

accumulated, stored, or physically, chemically or biologically treated

prior to being discarded or rejected, having served their intended use,

or as a manufacturing by-product, including, but not limited to,

garbage, refuse, industrial, commercial and agricultural 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, special nuclear or by-product material within

the meaning of the Atomic Energy Act of 1954, as amended, or waste which

appears on the list or satisfies the characteristics of hazardous waste

promulgated by the commissioner of environmental conservation pursuant

to section 27-0903 of the environmental conservation law.

16. "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 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, 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 and related

plants and 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 recycling facilities, incinerators, and other solid

waste disposal, reduction or conversion facilities and resource recovery

equipment, source separation equipment and disposal equipment as 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 designated in subdivision two-a of section two

of the public service law.

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.

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