NY Pub Auth L § 2049-BB (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-FF - Oneida-Herkimer Solid Waste Management Authority 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.