2023 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.