§ 2041-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Area of operation" shall mean any or all of the participating\ncounties.\n 2. "Authority" shall mean the public benefit corporation created by\nsection two thousand forty-one-b of this title, known as the Montgomery,\nOtsego, Schoharie solid waste management authority.\n 2-a. "Authorities budget office" shall mean the independent entity\nwithin the department of state established pursuant to section four of\nthis chapter.\n 3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders which shall\napply with equal force and effect to notes and noteholders,\nrespectively, unless the context otherwise clearly requires.\n 4. "Construction" shall mean the acquisition, erection, building,\nalteration, repair, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste management\nresource recovery facility including any appurtenances thereto which may\nbe necessary or desirable to promote the efficiency or effectiveness of\na project; the 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 incidental thereto.\n 5. "Cost", as applied to any contract, means and includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, the cost of demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nrelocating tenants or other occupants of the buildings or structures on\nsuch land and the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the cost of all systems,\nfacilities, machinery, apparatus and equipment, financing charges,\ninterest prior to, during and after construction to the extent not paid\nor provided for from revenues or other sources, the cost of engineering\nand architectural surveys, plans and specifications, the cost of\nconsultants' and legal services, the cost of lease guarantee or bond\ninsurance, other expenses necessary or incidental to the construction of\nsuch project and the financing of the construction thereof, including\nthe amount authorized in the resolution of the authority providing for\nthe issuance of bonds to be paid into any reserve or other special fund\nfrom the proceeds of such bonds and the financing of the placing of any\nproject in operation, including reimbursement to a county, any\nmunicipality, state authority, the state, the United States government\nor any other person for expenditures that would be costs of the project\nhereunder had they been made directly by the authority.\n 6. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n 7. "Legislative body" or "legislative bodies" shall mean any or all of\nthe boards of supervisors of the counties of Montgomery and Schoharie\nand the board of representatives of the county of Otsego.\n 8. "Municipality" shall mean any county, including any participating\ncounty, city, town, village, refuse district under the county law,\nimprovement district under the town law, any other such instrumentality,\nincluding an agency or public corporation of the state, or any of the\nforegoing, or any combination thereof.\n 9. "Participating counties" shall mean those of the counties of\nMontgomery, Otsego and Schoharie that shall have appointed members of\nthe authority and shall have filed a certificate in accordance with\nsection two thousand forty-one-b of this title.\n 10. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n 11. "Primary public water supply aquifer" shall mean a highly\nproductive water bearing formation identified by the department\nconsisting of unconsolidated (non-bedrock) geologic deposits, which:\n(1) receives substantial recharge from the overlying land surface; and\n(2) is presently utilized as a major source of water for public water\nsupply.\n 12. "Principal aquifer" shall mean unconsolidated (non-bedrock)\ngeologic deposits identified by the department which: (1) receives\nsubstantial recharge from the overlying land surface; (2) is known to be\nhighly productive or whose geology suggests a potentially abundant\nsource of water; and (3) is not presently used as a major source of\nwater for public water supply.\n 13. "Project" shall mean any solid waste management resource recovery\nfacility and any appurtenances thereto necessary or desirable to promote\nthe efficiency or effectiveness of any facility, of which, or any\nportion of which, the planning, development, financing, construction,\noperation or maintenance is authorized to be undertaken in whole or in\npart by the authority pursuant to this title.\n 14. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands underwater, riparian rights, air\nrights, space rights and any fixtures, equipment and articles of\npersonal property affixed to or used in connection therewith, and any\nand all things and rights included within said term and includes not\nonly fees simple absolute, but also any and all lesser interests\nincluding, but not limited to easements, rights-of-way, uses, leases,\nlicenses and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms for years and\nliens thereon by way of judgment, mortgages or otherwise and all claims\nfor damages for such real estate.\n 15. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, incineration, recycling centers or other programs,\nprojects or facilities.\n 16. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n 17. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances discarded\nor rejected, whether as being spent, useless, worthless or in excess to\nthe owners at the time of such discard or rejection or for any other\nreason, or are being accumulated, stored, or physically, chemically or\nbiologically treated prior to being discarded, having served their\nintended use, or are a manufacturing by-product, including, but not\nlimited to, garbage, refuse, and other discarded solid materials,\nincluding solid waste materials resulting from industrial, commercial\nand agricultural operations and from community activities, sludges from\nair or water pollution control facilities or water supply treatment\nfacilities, rubbish, ashes, contained gaseous material, incinerator\nresidue, demolition and construction debris and offal, but not including\nsewage and other highly diluted water-carried materials or substances\nand those in gaseous form, special nuclear or by-product material within\nthe meaning of the Atomic Energy Act of 1954, as amended, or waste which\nappears on the list or satisfies the characteristics of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto section 27-0903 of the environmental conservation law.\n 18. "Solid waste management resource recovery facility" or "facility"\nshall mean any facility, plant, works, system, building, structure,\nimprovement, machinery, equipment, fixture or other real or personal\nproperty which is being used, occupied or employed for or is incidental\nto the collecting, receiving, transporting, storage, processing, or\ndisposal of solid waste or the recovery by any means of any material or\nenergy product or resource therefrom including, but not limited to,\nrecycling centers, transfer stations, baling facilities, rail haul or\nmaritime facilities, collection vehicles, processing systems, resource\nrecovery facilities, steam and electric generating and transmission\nfacilities, including auxiliary facilities to supplement or temporarily\nreplace such generating facilities, steam distribution and related\nplants and facilities, sanitary landfills, leachate treatment\nfacilities, plants and facilities for compacting, composting or\npyrolization of solid wastes, secure land burial facilities,\nlandspreading facilities, surface impoundments and waste oil storage,\nreprocessing and recycling facilities, incinerators, and other solid\nwaste disposal, reduction or conversion facilities and resource recovery\nequipment and disposal equipment as defined in subdivisions four and\nfive of section 51-0903 of the environmental conservation law. Any such\nfacility producing either electricity or shaft horsepower and useful\nthermal energy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service law.\n 19. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n 20. "State" shall mean the state of New York.\n