NY Pub Auth L § 2049-B (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-F - Town of North Hempstead Solid Waste Management Authority 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.