2023 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.