NY Pub Auth L § 2047-B (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-D - Dutchess County Resource Recovery Agency 2047-B - Definitions.

§  2047-b. Definitions. As used or to refer to in this title, unless a   different meaning clearly appears from the context:1. "Agency" means the public benefit corporation  created  by  section   two  thousand  forty-six-c  of  this title, known as the Dutchess County   Resource Recovery Agency.2. "Area of operation" means the county of Dutchess.3. "Bonds" means the bonds, notes or other evidences  of  indebtedness   issued  by  the agency 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.4.   "Cost"   as   applied  to  any  project,  includes  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, 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 consultants' and legal services, the   cost of lease guarantee 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  agency  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 county, or  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 agency.5. "County" means the county of Dutchess.6.   "Construction"   means   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 incidental thereto.7.  "Governing  body" means the members of the agency constituting and   acting as the governing body of the agency.8. "Municipality" means any county, city, town,  village,  improvement   district,  or  public  corporation  of  the  state,  or  any combination   thereof.9. "Person" means any natural person, partnership, association,  joint   venture or corporation, exclusive of a public corporation.10.  "Project"  means  any  solid  waste  management-resource recovery   facility, the planning, development, financing, construction, operation,   or maintenance of which is authorized to be undertaken in  whole  or  in   part by the agency pursuant to this title.11.  "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.12.  "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.13.  "Revenues" means all rates, fees, rents, charges and other income   derived by the agency from its operations.14. "Solid waste" means  all  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, including but not  limited  to   garbage,  refuse,  industrial  and commercial 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, source, 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-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 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   facilities,   sanitary   landfills,   plants   and   facilities  for  compacting,  composting  or   pyrolization of  solid  wastes,  incinerators,  and  other  solid  waste   disposal,  reduction  or  conversion  facilities  and  resource recovery   equipment and disposal equipment as defined  in  subdivisions  four  and   five of section 51-0903 of the environmental conservation law.16. "State" means the state of New York.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.