2023 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.