N.Y. Public Authorities Law § 2702: Definitions

§ 2702. Definitions. As used in this title, the following words and

terms shall have the following meanings unless the context indicates

another or different meaning or intent:

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

section twenty-seven hundred three of this title, known as the

development authority of the north country.

2. "Bonds" shall 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 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 any project financed

under the provisions of this title; 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 a project or any portion thereof financed

under the provisions of this title embraces all or any part of the cost

of construction and acquisition of all lands, structures, real or

personal property, rights, rights-of-way, franchises, easements and

interests acquired or used for a project, the cost of demolishing or

removing any buildings or structures on land so acquired, including the

costs of relocating tenants or other occupants of the building or

structures on such land and the cost of acquiring any lands to which

such buildings or structures may be moved, the cost of all machinery and

equipment, financing charges, interest, reserves for principal and

interest and for extensions, enlargements, additions, replacements,

renovations and improvements, cost of engineering, financial and legal

services, plans, specifications, studies, surveys, estimates of cost and

of revenues, administrative expenses, expenses necessary or incident to

determining the feasibility or practicability of constructing the

project and such other expenses as may be necessary or incident to the

construction and acquisition of the project, the financing of such

construction and acquisition and the placing of the project in

operation, including all costs relating to the refinancing or

satisfaction of existing indebtedness; and any reimbursements to any

municipality, state agency, the state, the United States or any other

person or public corporation for expenditures that would be costs of any

project hereunder had they been made directly by the authority.

5. "Existing sewer system" shall mean all sewers, including, without

limitation, trunk, intercepting, connecting, lateral and other sewers,

storm water drains, pumping stations, disposal or treatment plants or

works, structures, appliances, equipment and other adjuncts thereto,

comprising the portion of the system of sewerage owned by any

participating county or municipality within a participating county, as

delineated on a map filed by the governing body of such county or

municipality with the secretary of the state of New York pursuant to

this title.

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, authority or

public corporation of the state, or any of the foregoing, or any

combination thereof.

7. "Participating counties" shall mean the counties of Jefferson, St.

Lawrence and Lewis.

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

joint venture or corporation, exclusive of a public corporation.

9. "Project" shall mean a sewerage facility, solid waste management

facility, water facility, or any portion of which, the planning,

development, financing, acquisition, construction, operation or

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

authority pursuant to this title.

10. "Real property" shall mean lands, structures, improvements

franchises and interests in land, including lands under water,

waterfront property, marginal streets and riparian rights, space rights

and air rights and any and all other things and rights usually included

within said term and any fixtures, equipment and articles of personal

property affixed to or used in connection therewith. Real property shall

also mean and include any and all interests in such property less than

full title, such as easements, 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, and also

all claims for damages for such real estate.

11. "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.

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

income derived by the authority from its operations.

13. "Sewerage facility" shall mean a system of trunk, intercepting and

connecting, lateral and outlet sewers, storm water drains, pumping and

ventilating stations, disposal or treatment plants or works, and other

appliances and structures, which in the judgment of the authority will

provide an effectual and advantageous means for relieving the

participating counties and municipalities within the participating

counties from pollution created by the sewage and waste and relieving

the participating counties and municipalities within the participating

counties from inadequate sanitary and storm water drainage by providing

for the sanitary disposal or treatment of the sewage thereof, or such

sections or parts of such systems as the authority may from time to time

deem it proper or convenient to construct, consistent with purpose of

this title.

14. "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.

15. "Solid waste management 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 refining 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.

16. "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.

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

18. "United States" shall mean the United States of America or any

department, agency or instrumentality thereof acting on behalf of the

United States of America.

19. "Water facility" shall mean any water supply or distribution

system or systems, including any plants, works, instrumentalities or

parts thereof and appurtenances thereto, lands, easements, rights in

land and water rights, right-of-way, contract rights, franchises,

approaches, connections, dams, reservoirs, water mains and pipe lines,

pumping stations and equipment, or any other property incidental to and

included in such system or part thereof, and any improvements,

extensions and betterments.

20. "Community facility" shall mean any facility in the participating

counties that provides for the health, education and welfare of the

residents of the region within such participating counties, including

but not limited to medical facilities, housing facilities, educational

facilities, transportation facilities, municipal service facilities, and

cultural and social facilities.