2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority › 2041-A - Definitions.

§  2041-a. Definitions. As used or referred to in this title, unless a
  different meaning clearly appears from the context:
1. "Area of operation" shall mean any  or  all  of  the  participating
  counties.
2.  "Authority"  shall  mean the public benefit corporation created by
  section two thousand forty-one-b of this title, known as the Montgomery,
  Otsego, Schoharie solid waste management authority.
2-a. "Authorities budget office" shall  mean  the  independent  entity
  within  the  department of state established pursuant to section four of
  this chapter.
3.  "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  which  shall
  apply   with   equal   force   and  effect  to  notes  and  noteholders,
  respectively, unless the context otherwise clearly requires.
4. "Construction" shall  mean  the  acquisition,  erection,  building,
  alteration,   repair,  improvement,  increase,  enlargement,  extension,
  reconstruction, renovation or rehabilitation of a solid waste management
  resource recovery facility including any appurtenances thereto which may
  be necessary or desirable to promote the efficiency or effectiveness  of
  a  project; 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 contract, means and 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
  relocating  tenants or other occupants of the buildings or structures on
  such land and 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 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  a   county,   any
  municipality,  state  authority, 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.   "Governing   body"  shall  mean  the  members  of  the  authority
  constituting and acting as the governing body of the authority.
7. "Legislative body" or "legislative bodies" shall mean any or all of
  the boards of supervisors of the counties of  Montgomery  and  Schoharie
  and the board of representatives of the county of Otsego.
8.  "Municipality"  shall mean any county, including any participating
  county, city, town, village,  refuse  district  under  the  county  law,
  improvement district under the town law, any other such instrumentality,
  including  an  agency  or public corporation of the state, or any of the
  foregoing, or any combination thereof.
9. "Participating counties"  shall  mean  those  of  the  counties  of
  Montgomery,  Otsego  and  Schoharie that shall have appointed members of

  the authority and shall have filed  a  certificate  in  accordance  with
  section two thousand forty-one-b of this title.
10.  "Person" shall mean any natural person, partnership, association,
  joint venture or corporation, exclusive of a public corporation.
11.  "Primary  public  water  supply  aquifer"  shall  mean  a  highly
  productive   water   bearing  formation  identified  by  the  department
  consisting of unconsolidated  (non-bedrock)  geologic  deposits,  which:
  (1)  receives  substantial recharge from the overlying land surface; and
  (2) is presently utilized as a major source of water  for  public  water
  supply.
12.   "Principal  aquifer"  shall  mean  unconsolidated  (non-bedrock)
  geologic deposits identified  by  the  department  which:  (1)  receives
  substantial recharge from the overlying land surface; (2) is known to be
  highly  productive  or  whose  geology  suggests  a potentially abundant
  source of water; and (3) is not presently used  as  a  major  source  of
  water for public water supply.
13.  "Project" shall mean any solid waste management resource recovery
  facility and any appurtenances thereto necessary or desirable to promote
  the efficiency or effectiveness  of  any  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.
14.  "Real  property"  shall  mean  lands,  structures, franchises and
  interests in  land,  waters,  lands  underwater,  riparian  rights,  air
  rights,  space  rights  and  any  fixtures,  equipment  and  articles of
  personal property affixed to or used in connection  therewith,  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 damages for such real estate.
15.  "Resource  recovery"  shall  mean  the separation, extraction and
  recovery of usable materials, energy or heat from  solid  waste  through
  source  separation,  incineration,  recycling centers or other programs,
  projects or facilities.
16. "Revenues" shall mean all rates, fees, rents,  charges  and  other
  income derived by the authority from its operations.
17. "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,  or  are being accumulated, stored, or physically, chemically or
  biologically treated prior  to  being  discarded,  having  served  their
  intended  use,  or  are  a  manufacturing by-product, including, but not
  limited to,  garbage,  refuse,  and  other  discarded  solid  materials,
  including  solid  waste  materials resulting from industrial, commercial
  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, 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.
18. "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 being 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 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  defined  in
  subdivision two-a of section two of the public service law.
19.  "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.
20. "State" shall mean the state of New York.