N.Y. Public Authorities Law § 2050-b: Definitions

§ 2050-b. Definitions. As used or referred to in this title, unless a

different meaning clearly appears in the context, the following terms

shall have the following meanings:

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

two thousand fifty-c of this title, known as the Ulster county resource

recovery agency.

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

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 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 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 Ulster.

6. "County legislature" means the legislative body of the county.

7. "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.

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

acting as the governing body of the agency.

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

district, 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, 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.

12. "Real property" means lands, structures, franchises and interest

in lands, 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 interest

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.

13. "Resources 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 agency from its operation.

15. "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, or 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.

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, landspreading facilities, waste oil storage, reprocessing

and recycling facilities, 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.

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.

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

18. "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.