NY Pub Auth L § 1281 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 12 - New York State Environmental Facilities Corporation 1281 - Definitions.

§  1281.  Definitions.  As used or referred to in this title, unless a different meaning clearly appears from the context:   1. "Corporation" shall  mean  the  corporation  continued  by  section twelve hundred eighty-two of this title.   2.  "Construction"  shall  mean  the  erection, building, acquisition, alteration, reconstruction, improvement,  enlargement  or  extension  of sewage  treatment works, sewage collecting systems, solid waste disposal facilities,  air  pollution   control   facilities,   water   management facilities,  storm  water  collecting systems, state park infrastructure projects, or all or any portion of Riverbank Park as the  case  may  be; 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 necessary thereto.   3. "Governing body" shall mean   a. In the case of a  county,  city,  town,  village,  county  or  town improvement  district,  the  board  of  supervisors,  board of aldermen, common council, commission, town  board,  board  of  trustees  or  other elective board or body now or hereafter vested by state statute, charter or  other  law  with  jurisdiction  to  initiate and adopt local laws or ordinances, whether or not such local laws  or  ordinances  require  the approval  of  the  chief  executive officer or other official or body to become effective;   b. In the case of a district corporation, the board  vested  with  the management and control of the corporation; and   c.  In  the  case  of  a  sewer  authority now existing in a city, the members of such authority.   4. "Municipal  bonds  and  notes"  shall  mean  the  bonds  and  notes authorized  and issued pursuant to the local finance law or other act of the legislature by any municipality for the purposes  of  financing  the construction  of  a  sewage  treatment  works, sewage collecting system, storm water collecting system, water management facility, air  pollution control facility, or solid waste disposal facility.   5. "Municipality" shall mean any county, city, town, village, district corporation,  county  or  town improvement district, sewer authority now existing in a city, or any two or more of the foregoing which are acting jointly in connection with a sewage treatment works,  sewage  collecting system,  solid  waste disposal facility, air pollution control facility, water  management  facility,  or  storm  water  collecting  system.  For purposes  of  sections  twelve  hundred eighty-five-j and twelve hundred eighty-five-m of this title only, a municipality may, in addition to the foregoing, include an Indian nation or tribe recognized by the state  or the  United  States  with  a  reservation  wholly  or  partly within the boundaries of New York state, any public benefit corporation  or  public authority  established pursuant to the laws of New York or any agency of New York state which is empowered to construct and operate  a  municipal water pollution control project or water management facility, or any two or  more  of the foregoing which are acting jointly in connection with a municipal water pollution control project or water management  facility. For purposes of section twelve hundred eighty-five-m of this title only, a  municipality  may,  in  addition  to  the foregoing, include a school district.   6. "Real  property"  shall  mean  lands,  structures,  franchises  and interests  in  land,  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 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.   7.  "Sewage  collecting  systems"  shall  mean  systems of underground conduits designed to pick up sewage  from  commercial,  residential  and industrial  properties  and  deliver  it  by  gravity  with  or  without intermediate pumping to a sewage treatment or disposal plant.   8. "Sewage treatment works" shall mean a facility for the  purpose  of treating,  neutralizing  or  stabilizing  sewage,  industrial waste or a combination thereof, including but not limited to treatment or  disposal plants,  the  necessary  intercepting,  outfall,  force mains and outlet sewers, pumping stations integral to such plants or  sewers,  and  other property  used  for treating, utilizing, storing, processing, or finally disposing of sewage  or  industrial  waste,  equipment  and  furnishings thereof and their appurtenances.   9.  "Solid waste" shall mean all putrescible and non-putrescible solid wastes, including but not limited to garbage, refuse,  sludge,  rubbish, ashes,  incinerator  residue, street cleanings, dead animals, demolition and construction debris, automobile bodies, offal  and  other  discarded and  solid  materials,  including but not limited to that resulting from commercial,   industrial,   construction,   demolition,    agricultural, governmental, residential or community processes or activities.   10.  "Solid waste disposal facility" shall mean a facility or site for the purpose of treating, compacting, recycling, or  disposing  of  solid waste  materials,  including treatment, compacting, resource recovery or disposal plants, equipment and furnishings thereof used for the storage, treatment, compacting, composting, shredding,  converting,  utilization, processing,  or final disposal of solid waste, including but not limited to  resource  recovery  facilities,  mechanical,  chemical  or   thermal processing  systems,  incinerators, sanitary landfills, other facilities for the storage, reduction or conversion of solid waste, used singly  or in  combination, and appurtenances, furnishings, equipment and machinery deemed necessary thereto, whether said facility or site  serves  one  or more  purposes  in addition to the primary purpose of disposing of solid waste  materials,  and  a  facility  or  site  for  the  collection  and conveyance  of  solid  wastes,  including  but  not  limited to transfer stations, baling facilities, railroad  and  maritime  facilities,  motor trucks   or  vehicles  and  appurtenances,  furnishings,  equipment  and machinery deemed necessary thereto, but not including services necessary for the collection of solid wastes.   11. "State agency" shall mean  any  officer,  authority,  corporation, department,   board,   commission,   bureau,  division,  public  benefit corporation, council, agency or instrumentality of the state.   12. "State" shall mean the state of New York.   13. "Cost" as applied to any project shall include, but not be limited to, cost of construction of the project, the cost of 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  costs  of  all systems, facilities, machinery and equipment, financing charges,  interest  prior to  and  during  construction, the cost of engineering and architectural surveys, plans and specifications, the cost of  consultants'  and  legal services,  the cost of lease guarantee or bond insurance, other expenses necessary or incident to  the  construction  of  such  project  and  the financing  of  the construction thereof, including the amount authorized in the resolution of the corporation providing for the issuance of bonds to be paid into any special fund from the proceeds of such bonds and the  financing  of  the  placing  of  any  project  in  operation,  including reimbursement  to  any municipality, state agency, the state, the United States government, or any other person for expenditures, made  with  the prior  approval  of  the corporation, that would be costs of the project hereunder had they been made directly by the corporation.   14. "Person" shall mean  any  person,  including  individuals,  firms, partnerships,  associations,  public utilities or corporations organized or existing under the laws of the state or any other state, exclusive of a municipal corporation or state agency.   15. "Project" shall mean any sewage treatment works, sewage collecting systems,  solid  waste  disposal  facilities,  air   pollution   control facility,   water   management   facility,  industrial  hazardous  waste treatment, storage, exchange and disposal facility,  inactive  hazardous waste disposal site remedial program, storm water collecting system, and waste  oil recovery, reprocessing and rerefining facilities or any other works or  facilities  which  the  corporation  is  authorized  to  plan, finance,  construct,  operate  or  maintain under the provisions of this title  including  all  buildings,  systems,  facilities,  appurtenances, machinery  and  equipment  which the corporation deems necessary for the operation of the project, including the site therefor, together with all property, rights, easements and interests, either on or off  such  site, which may be required for the operation of the project.   16.  "Sewage" shall mean the water-carried human or animal wastes from residences,  buildings,  industrial  establishments  or  other   places, together with such ground water infiltration and surface water as may be present.  The  admixture  with sewage of industrial waste or other waste shall also be considered "sewage" within the meaning of this title.   17. "Air pollution control facility" shall mean a  facility,  for  the purpose  of abating or controlling atmospheric pollutants, contaminants, waste or heat, by recovery methods or otherwise, whether  said  facility serves  one  or  more  purposes  in  addition  to the primary purpose of abating or controlling such pollutants, contaminants,  waste,  or  heat, including  treatment, neutralizing or stabilizing plants, site equipment and  necessary  furnishings  thereof,  their  appurtenances,   and   any property, real or personal, functionally related and subordinate to said facility.   18.  "Industrial waste" shall mean any liquid, gaseous, or solid waste substance or  a  combination  thereof  resulting  from  any  process  of industry,  manufacture,  trade,  or  business,  or from the development, processing, or recovery of any natural resource which pollutes the water or air of the state.   19. "Water management facility" shall mean a water supply facility  or a  facility  or site for the supply, control, treatment and distribution of water, including but not limited to water transmission lines, pumping stations, reservoirs, dams  and  other  impoundments,  and  all  of  the necessary  appurtenances incidental thereto for the purpose of providing a public water supply. It shall also mean a facility for the purpose  of abating or controlling water pollutants, contaminants, waste or heat, by recovery  methods or otherwise, whether said facility serves one or more purposes in addition to the primary purpose of  abating  or  controlling such  pollutants, contaminants, waste or heat, including but not limited to treatment, neutralizing or stabilizing  plants,  site  equipment  and necessary  furnishings  thereof,  their  appurtenances,  and  any  other property, real or personal, functionally related and subordinate to said facility.   20. "Storm water collecting system" shall mean systems of conduits and all other constructions, devices, and  appliances  appurtenant  thereto,  designed  and  used  to collect and carry storm water and surface water, street wash and other wash or drainage waters.   21.  "Resource recovery facilities" shall mean facilities, structures, machinery, or devices, singly or in combination,  designed,  constructed and  required  to  separate, process, modify, convert, treat, or prepare collected solid waste so  that  component  materials  or  substances  or recoverable  resources  may  be  used  as  a  raw  material or for their productive purposes, which are required for  the  process  of  obtaining materials,  substances,  or  heat, oil, gas or other sources or forms of energy from solid waste for use or reuse, including but not  be  limited to,  singly  or  in  combination,  structures,  mechanical,  chemical or thermal  processing  systems,  furnaces,  steam  generating   equipment, electric   generating   equipment,  pyrolization  facilities  and  other appurtenances, furnishings, equipment  and  machinery  deemed  necessary thereto.   22.  "Industrial  hazardous  waste"  shall mean an industrial waste or combination of wastes, which because of its quantity, concentration,  or physical, chemical or infectious characteristics may:  (a)  cause,  or  significantly  contribute  to  an increase in serious irreversible, or incapacitating reversible illness; and/or  (b) pose a substantial present or potential hazard to human health  or the environment and, therefore, must be segregated and excluded from the general  municipal  waste  system  and  sewage  collection and treatment process.   23.  "Industrial  hazardous  waste  treatment,  storage  and  disposal facility"  shall mean a specialized facility or site other than a sewage treatment for the purpose of treating, storing,  compacting,  recycling, exchanging,  or  disposing  of  industrial  hazardous  waste  materials, including treatment, compacting, resource recovery or  disposal  plants, equipment  and  furnishings  thereof  used  for  the storage, treatment, compacting, composting, shredding, converting, utilization,  processing, or  final  disposal  of  hazardous  waste,  including but not limited to mechanical,  chemical  or  thermal  processing  systems,   incinerators, sanitary  landfills,  other  facilities  for  the  storage, reduction or conversion of hazardous waste, including but  not  limited  to  transfer stations,  baling  facilities,  railroad  and maritime facilities, motor trucks  or  vehicles  and  appurtenances,  furnishings,  equipment   and machinery deemed necessary thereto.   24.  "Hazardous  waste"  shall  have  the same meaning as set forth in section 27-1301 of the environmental conservation law.   25. "Inactive hazardous waste  disposal  site"  shall  have  the  same meaning   as   set   forth  in  section  27-1301  of  the  environmental conservation law.   26. "Inactive hazardous waste disposal site  remedial  program"  shall have   the  same  meaning  as  set  forth  in  section  27-1301  of  the environmental conservation law.   27. "Municipal water pollution control project" shall  mean  a  sewage facility  or  related facility which is an "eligible project" within the meaning of section 17-1909 of the environmental conservation law.   * 28. "Riverbank Park" shall mean a park or parks to be located  on  a site of approximately twenty-eight acres, on the roof of and adjacent to the  North  River  sewage  treatment  plant, located at the Hudson River between 137th and 145th Streets in the borough of Manhattan, city of New York, including all buildings,  systems,  bridges  and  other  means  of pedestrian  or  vehicular  access,  recreational,  cultural and athletic facilities, appurtenances, machinery and equipment which the corporation deems necessary for the operation of such park or parks,  including  the site  therefor,  together  with  all  property,  rights,  easements  and  interests, either on or off such site, which may  be  required  for  the operation  of  such  park  or  parks.  Such  recreational,  cultural and athletic facilities may include,  without  limitation,  swimming  pools, gymnasia,  athletic  fields,  skating  rinks, tennis courts, theaters or amphitheaters and centers for the performing arts.   * NB There are 2 sub 28's   * 28. "Waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control  facility, and   other  discarded  material,  whether  or  not  such  material  may eventually be used for some  other  purpose,  including  solid,  liquid, semisolid,  or  contained  gaseous  material  resulting from industrial, commercial,  mining  and  agricultural  operations  or  from   community activities,  and  source,  special  nuclear  or  by-product  material as defined in the Atomic Energy Act of 1954, as amended, except as  may  be provided  by  existing  agreements between the state of New York and the government of the United States, but does not include solid or dissolved material  in  domestic  sewage,  or  solid  or  dissolved  materials  in irrigation return flows or industrial discharges which are point sources subject   to  permits  under  article  seventeen  of  the  environmental conservation law.   * NB There are 2 sub 28's   29. "State park  infrastructure"  shall  mean  state  park  resources, recreational  facilities and historic sites and any other property, real or personal, under the jurisdiction of the  New  York  state  office  of parks,  recreation  and  historic preservation, together with machinery, equipment,  furnishings  and  fixtures  relating  thereto  or  used   in connection therewith.   30.  "State park infrastructure project" shall mean all costs incurred or to be incurred by or on behalf of the office of parks, recreation and historic preservation  for  the  purpose  of  preserving,  improving  or rehabilitating state park infrastructure.   31.  "Waste  oil" shall mean used engine lubricating oil and any other oil, including but not limited  to,  fuel  oil,  motor  oil,  gear  oil, cutting  oil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage tank residue, animal oil, and  vegetable  oil,  which  has  been contaminated   by  physical  or  chemical  impurities,  through  use  or accident, and has not subsequently been rerefined.   32. "Waste oil recovery, reprocessing and rerefining facilities" shall mean  facilities,  structures,  machinery,  or  devices,  singly  or  in combination,   for   purposes   of  separating,  processing,  modifying, converting, treating or otherwise preparing waste oil so that it, or its components or substances, may be beneficially reused, including reuse as raw materials, as lubricants, or as an energy source.  Such  facilities, structures,  machinery  or devices may include, but shall not be limited to,  mechanical,  chemical  or  thermal  processing  systems,  furnaces, laboratories,  storage  and  blending  tanks, pumping stations, transfer stations, railroad and maritime facilities, motor trucks or vehicles and other  appurtenances,  furnishings,  machinery  and   equipment   deemed necessary thereto.   33.  "Water  supply  facility"  or "water supply project" shall mean a water supply facility which is an "eligible project" within the  meaning of subdivision four of section eleven hundred sixty of the public health law.   34.  "Recipient"  shall  mean  any  municipality,  public  utility, or person,  including  any  individual,  firm,  partnership,   association, not-for-profit  corporation  or other corporation organized and existing under the laws of the state or any other state  which  is  empowered  to construct  and  operate  an  eligible project, or any two or more of the  foregoing which are  acting  jointly  in  connection  with  an  eligible project.