§ 1281 — Definitions

New York § 1281

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 12: New York State Environmental Facilities Corporation
• Art. 5: Public Utility Authorities

Text

§ 1281. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Corporation" shall mean the corporation continued by section\ntwelve hundred eighty-two of this title.\n 2. "Construction" shall mean the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of\nsewage treatment works, sewage collecting systems, solid waste disposal\nfacilities, air pollution control facilities, water management\nfacilities, storm water collecting systems, state park infrastructure\nprojects, or all or any portion of Riverbank Park as the case may be;\nthe inspection and supervision thereof; and the engineering,\narchitectural, legal, fiscal and economic investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures,\nand other actions necessary thereto.\n 3. "Governing body" shall mean\n a. In the case of a county, city, town, village, county or town\nimprovement district, the board of supervisors, board of aldermen,\ncommon council, commission, town board, board of trustees or other\nelective board or body now or hereafter vested by state statute, charter\nor other law with jurisdiction to initiate and adopt local laws or\nordinances, whether or not such local laws or ordinances require the\napproval of the chief executive officer or other official or body to\nbecome effective;\n b. In the case of a district corporation, the board vested with the\nmanagement and control of the corporation; and\n c. In the case of a sewer authority now existing in a city, the\nmembers of such authority.\n 4. "Municipal bonds and notes" shall mean the bonds and notes\nauthorized and issued pursuant to the local finance law or other act of\nthe legislature by any municipality for the purposes of financing the\nconstruction of a sewage treatment works, sewage collecting system,\nstorm water collecting system, water management facility, air pollution\ncontrol facility, or solid waste disposal facility.\n 5. "Municipality" shall mean any county, city, town, village, district\ncorporation, county or town improvement district, sewer authority now\nexisting in a city, or any two or more of the foregoing which are acting\njointly in connection with a sewage treatment works, sewage collecting\nsystem, solid waste disposal facility, air pollution control facility,\nwater management facility, or storm water collecting system. For\npurposes of sections twelve hundred eighty-five-j and twelve hundred\neighty-five-m of this title only, a municipality may, in addition to the\nforegoing, include an Indian nation or tribe recognized by the state or\nthe United States with a reservation wholly or partly within the\nboundaries of New York state, any public benefit corporation or public\nauthority established pursuant to the laws of New York or any agency of\nNew York state which is empowered to construct and operate a municipal\nwater pollution control project or water management facility, or any two\nor more of the foregoing which are acting jointly in connection with a\nmunicipal water pollution control project or water management facility.\nFor purposes of section twelve hundred eighty-five-m of this title only,\na municipality may, in addition to the foregoing, include a school\ndistrict.\n 6. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n 7. "Sewage collecting systems" shall mean systems of underground\nconduits designed to pick up sewage from commercial, residential and\nindustrial properties and deliver it by gravity with or without\nintermediate pumping to a sewage treatment or disposal plant.\n 8. "Sewage treatment works" shall mean a facility for the purpose of\ntreating, neutralizing or stabilizing sewage, industrial waste or a\ncombination thereof, including but not limited to treatment or disposal\nplants, the necessary intercepting, outfall, force mains and outlet\nsewers, pumping stations integral to such plants or sewers, and other\nproperty used for treating, utilizing, storing, processing, or finally\ndisposing of sewage or industrial waste, equipment and furnishings\nthereof and their appurtenances.\n 9. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including but not limited to garbage, refuse, sludge, rubbish,\nashes, incinerator residue, street cleanings, dead animals, demolition\nand construction debris, automobile bodies, offal and other discarded\nand solid materials, including but not limited to that resulting from\ncommercial, industrial, construction, demolition, agricultural,\ngovernmental, residential or community processes or activities.\n 10. "Solid waste disposal facility" shall mean a facility or site for\nthe purpose of treating, compacting, recycling, or disposing of solid\nwaste materials, including treatment, compacting, resource recovery or\ndisposal plants, equipment and furnishings thereof used for the storage,\ntreatment, compacting, composting, shredding, converting, utilization,\nprocessing, or final disposal of solid waste, including but not limited\nto resource recovery facilities, mechanical, chemical or thermal\nprocessing systems, incinerators, sanitary landfills, other facilities\nfor the storage, reduction or conversion of solid waste, used singly or\nin combination, and appurtenances, furnishings, equipment and machinery\ndeemed necessary thereto, whether said facility or site serves one or\nmore purposes in addition to the primary purpose of disposing of solid\nwaste materials, and a facility or site for the collection and\nconveyance of solid wastes, including but not limited to transfer\nstations, baling facilities, railroad and maritime facilities, motor\ntrucks or vehicles and appurtenances, furnishings, equipment and\nmachinery deemed necessary thereto, but not including services necessary\nfor the collection of solid wastes.\n 11. "State agency" shall mean any officer, authority, corporation,\ndepartment, board, commission, bureau, division, public benefit\ncorporation, council, agency or instrumentality of the state.\n 12. "State" shall mean the state of New York.\n 13. "Cost" as applied to any project shall include, but not be limited\nto, cost of construction of the project, the cost of acquisition of all\nproperty, including real property and other property, both real and\npersonal and improved and unimproved, the cost of demolishing, removing\nor relocating any buildings or structures on lands so acquired,\nincluding the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the costs of all systems,\nfacilities, machinery and equipment, financing charges, interest prior\nto and during construction, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultants' and legal\nservices, the cost of lease guarantee or bond insurance, other expenses\nnecessary or incident to the construction of such project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the corporation providing for the issuance of bonds\nto be paid into any special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures, made with the\nprior approval of the corporation, that would be costs of the project\nhereunder had they been made directly by the corporation.\n 14. "Person" shall mean any person, including individuals, firms,\npartnerships, associations, public utilities or corporations organized\nor existing under the laws of the state or any other state, exclusive of\na municipal corporation or state agency.\n 15. "Project" shall mean any sewage treatment works, sewage collecting\nsystems, solid waste disposal facilities, air pollution control\nfacility, water management facility, industrial hazardous waste\ntreatment, storage, exchange and disposal facility, inactive hazardous\nwaste disposal site remedial program, storm water collecting system, and\nwaste oil recovery, reprocessing and rerefining facilities or any other\nworks or facilities which the corporation is authorized to plan,\nfinance, construct, operate or maintain under the provisions of this\ntitle including all buildings, systems, facilities, appurtenances,\nmachinery and equipment which the corporation deems necessary for the\noperation of the project, including the site therefor, together with all\nproperty, rights, easements and interests, either on or off such site,\nwhich may be required for the operation of the project.\n 16. "Sewage" shall mean the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such ground water infiltration and surface water as may be\npresent. The admixture with sewage of industrial waste or other waste\nshall also be considered "sewage" within the meaning of this title.\n 17. "Air pollution control facility" shall mean a facility, for the\npurpose of abating or controlling atmospheric pollutants, contaminants,\nwaste or heat, by recovery methods or otherwise, whether said facility\nserves one or more purposes in addition to the primary purpose of\nabating or controlling such pollutants, contaminants, waste, or heat,\nincluding treatment, neutralizing or stabilizing plants, site equipment\nand necessary furnishings thereof, their appurtenances, and any\nproperty, real or personal, functionally related and subordinate to said\nfacility.\n 18. "Industrial waste" shall mean any liquid, gaseous, or solid waste\nsubstance or a combination thereof resulting from any process of\nindustry, manufacture, trade, or business, or from the development,\nprocessing, or recovery of any natural resource which pollutes the water\nor air of the state.\n 19. "Water management facility" shall mean a water supply facility or\na facility or site for the supply, control, treatment and distribution\nof water, including but not limited to water transmission lines, pumping\nstations, reservoirs, dams and other impoundments, and all of the\nnecessary appurtenances incidental thereto for the purpose of providing\na public water supply. It shall also mean a facility for the purpose of\nabating or controlling water pollutants, contaminants, waste or heat, by\nrecovery methods or otherwise, whether said facility serves one or more\npurposes in addition to the primary purpose of abating or controlling\nsuch pollutants, contaminants, waste or heat, including but not limited\nto treatment, neutralizing or stabilizing plants, site equipment and\nnecessary furnishings thereof, their appurtenances, and any other\nproperty, real or personal, functionally related and subordinate to said\nfacility.\n 20. "Storm water collecting system" shall mean systems of conduits and\nall other constructions, devices, and appliances appurtenant thereto,\ndesigned and used to collect and carry storm water and surface water,\nstreet wash and other wash or drainage waters.\n 21. "Resource recovery facilities" shall mean facilities, structures,\nmachinery, or devices, singly or in combination, designed, constructed\nand required to separate, process, modify, convert, treat, or prepare\ncollected solid waste so that component materials or substances or\nrecoverable resources may be used as a raw material or for their\nproductive purposes, which are required for the process of obtaining\nmaterials, substances, or heat, oil, gas or other sources or forms of\nenergy from solid waste for use or reuse, including but not be limited\nto, singly or in combination, structures, mechanical, chemical or\nthermal processing systems, furnaces, steam generating equipment,\nelectric generating equipment, pyrolization facilities and other\nappurtenances, furnishings, equipment and machinery deemed necessary\nthereto.\n 22. "Industrial hazardous waste" shall mean an industrial waste or\ncombination of wastes, which because of its quantity, concentration, or\nphysical, chemical or infectious characteristics may:\n (a) cause, or significantly contribute to an increase in serious\nirreversible, or incapacitating reversible illness; and/or\n (b) pose a substantial present or potential hazard to human health or\nthe environment and, therefore, must be segregated and excluded from the\ngeneral municipal waste system and sewage collection and treatment\nprocess.\n 23. "Industrial hazardous waste treatment, storage and disposal\nfacility" shall mean a specialized facility or site other than a sewage\ntreatment for the purpose of treating, storing, compacting, recycling,\nexchanging, or disposing of industrial hazardous waste materials,\nincluding treatment, compacting, resource recovery or disposal plants,\nequipment and furnishings thereof used for the storage, treatment,\ncompacting, composting, shredding, converting, utilization, processing,\nor final disposal of hazardous waste, including but not limited to\nmechanical, chemical or thermal processing systems, incinerators,\nsanitary landfills, other facilities for the storage, reduction or\nconversion of hazardous waste, including but not limited to transfer\nstations, baling facilities, railroad and maritime facilities, motor\ntrucks or vehicles and appurtenances, furnishings, equipment and\nmachinery deemed necessary thereto.\n 24. "Hazardous waste" shall have the same meaning as set forth in\nsection 27-1301 of the environmental conservation law.\n 25. "Inactive hazardous waste disposal site" shall have the same\nmeaning as set forth in section 27-1301 of the environmental\nconservation law.\n 26. "Inactive hazardous waste disposal site remedial program" shall\nhave the same meaning as set forth in section 27-1301 of the\nenvironmental conservation law.\n 27. "Municipal water pollution control project" shall mean a sewage\nfacility or related facility which is an "eligible project" within the\nmeaning of section 17-1909 of the environmental conservation law.\n * 28. "Riverbank Park" shall mean a park or parks to be located on a\nsite of approximately twenty-eight acres, on the roof of and adjacent to\nthe North River sewage treatment plant, located at the Hudson River\nbetween 137th and 145th Streets in the borough of Manhattan, city of New\nYork, including all buildings, systems, bridges and other means of\npedestrian or vehicular access, recreational, cultural and athletic\nfacilities, appurtenances, machinery and equipment which the corporation\ndeems necessary for the operation of such park or parks, including the\nsite therefor, together with all property, rights, easements and\ninterests, either on or off such site, which may be required for the\noperation of such park or parks. Such recreational, cultural and\nathletic facilities may include, without limitation, swimming pools,\ngymnasia, athletic fields, skating rinks, tennis courts, theaters or\namphitheaters and centers for the performing arts.\n * NB There are 2 sub 28's\n * 28. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant, or air pollution control facility,\nand other discarded material, whether or not such material may\neventually be used for some other purpose, including solid, liquid,\nsemisolid, or contained gaseous material resulting from industrial,\ncommercial, mining and agricultural operations or from community\nactivities, and source, special nuclear or by-product material as\ndefined in the Atomic Energy Act of 1954, as amended, except as may be\nprovided by existing agreements between the state of New York and the\ngovernment of the United States, but does not include solid or dissolved\nmaterial in domestic sewage, or solid or dissolved materials in\nirrigation return flows or industrial discharges which are point sources\nsubject to permits under article seventeen of the environmental\nconservation law.\n * NB There are 2 sub 28's\n 29. "State park infrastructure" shall mean state park resources,\nrecreational facilities and historic sites and any other property, real\nor personal, under the jurisdiction of the New York state office of\nparks, recreation and historic preservation, together with machinery,\nequipment, furnishings and fixtures relating thereto or used in\nconnection therewith.\n 30. "State park infrastructure project" shall mean all costs incurred\nor to be incurred by or on behalf of the office of parks, recreation and\nhistoric preservation for the purpose of preserving, improving or\nrehabilitating state park infrastructure.\n 31. "Waste oil" shall mean used engine lubricating oil and any other\noil, including but not limited to, fuel oil, motor oil, gear oil,\ncutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil\nstorage tank residue, animal oil, and vegetable oil, which has been\ncontaminated by physical or chemical impurities, through use or\naccident, and has not subsequently been rerefined.\n 32. "Waste oil recovery, reprocessing and rerefining facilities" shall\nmean facilities, structures, machinery, or devices, singly or in\ncombination, for purposes of separating, processing, modifying,\nconverting, treating or otherwise preparing waste oil so that it, or its\ncomponents or substances, may be beneficially reused, including reuse as\nraw materials, as lubricants, or as an energy source. Such facilities,\nstructures, machinery or devices may include, but shall not be limited\nto, mechanical, chemical or thermal processing systems, furnaces,\nlaboratories, storage and blending tanks, pumping stations, transfer\nstations, railroad and maritime facilities, motor trucks or vehicles and\nother appurtenances, furnishings, machinery and equipment deemed\nnecessary thereto.\n 33. "Water supply facility" or "water supply project" shall mean a\nwater supply facility which is an "eligible project" within the meaning\nof subdivision four of section eleven hundred sixty of the public health\nlaw.\n 34. "Recipient" shall mean any municipality, public utility, or\nperson, including any individual, firm, partnership, association,\nnot-for-profit corporation or other corporation organized and existing\nunder the laws of the state or any other state which is empowered to\nconstruct and operate an eligible project, or any two or more of the\nforegoing which are acting jointly in connection with an eligible\nproject.\n