N.Y. Public Authorities Law § 2053-b: Definitions

§ 2053-b. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Animal shelter" shall mean any facility, building, or structure,

where temporary or permanent housing and care is provided to stray,

abandoned, abused, seized, impounded, owner-surrendered or otherwise

unwanted animals.

2. "Animal management services" shall mean any and all services

provided to promote animal care and to protect public health and safety,

including, but not limited to the following services: providing housing

and care for stray, abandoned, abused, seized, impounded,

owner-surrendered or otherwise unwanted animals in an animal shelter;

the processing and disposal of animal waste; the disposal of dead

wildlife removed from roadways following wildlife-vehicle collisions;

providing animal control; and any other similar service related thereto.

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

section two thousand fifty-three-c of this title, known as the Rockland

county solid waste management authority and shall also hereby be known

as Rockland Green and/or RG Cares.

4. "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 and shall

apply with equal force and effect to notes and obligations and

noteholders and obligation holders, respectively, unless the context

otherwise clearly requires.

5. "Construction" shall mean the acquisition, erection, building,

alteration, improvement, increase, enlargement, extension,

reconstruction, renovation or rehabilitation of a solid waste management

facility or animal shelter; 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 subject

to the provisions of section two thousand fifty-three-f of this title.

6. "Cost," as applied to any project, shall mean and include 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, subject to the provisions of section two thousand

fifty-three-f of this title, 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, 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, legal and other professional services, the cost

of lease guarantee or bond insurance and the cost of other expenses

necessary or incidental to 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, the financing of the placing of any project

in operation and reimbursement to the county, any municipality, any

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.

7. "County" shall mean the county of Rockland.

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

constituting and acting as the governing body of the authority.

9. "Municipality" shall mean any county, city, town, village, district

or any combination thereof.

10. "Person" shall mean any natural person, partnership, association,

joint venture or corporation, exclusive of a public corporation.

11. "Project" shall mean any solid waste management facility or animal

shelter, 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" 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.

13. "Resource recovery" shall mean the separation, extraction and

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

source separation, recycling centers, composting, combustion or other

programs, projects or facilities.

14. "Revenues" shall mean all rates, fees, rents, charges, receipts

and other income derived by the authority from its operations.

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

wastes, including, but not limited to, materials or substances which are

discarded or rejected as being spent, useless, worthless, or in excess

to the owners at the time of such discard or rejection, or which are

being accumulated, stored, or physically, chemically or biologically

treated prior to being discarded or rejected, having served their

intended use, or which are manufacturing by-products, 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 or any scrap or other material of value

held for purposes of materials recycling other than materials designated

as recyclables, pursuant to section one hundred twenty-aa of the general

municipal law.

16. "Solid waste management 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,

treatment, 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, material recovery facilities, mixed waste

processing facilities, household hazardous waste facilities, transfer

stations, shredding facilities, baling facilities, rail haul or maritime

facilities, 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 or manufacturing or enhancing the value of materials or

commodities recovered from solid waste, 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.

17. "Solid waste management plan" shall mean the Rockland county

integrated solid waste management plan as it may be adopted, amended and

supplemented from time to time in accordance with section 27-0107 of the

environmental conservation law.

18. "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.

19. "State" shall mean the state of New York.