§ 2046-B — Definitions

§ 2046-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Agency" shall mean the public benefit corporation created by\nsection two thousand forty-six-c of this title and shall be deemed a\npublic authority.\n 2. "Bonds and notes" shall mean the bonds, notes or other obligations\nissued by the agency pursuant to this title and the provisions of this\ntitle relating to bonds and bondholders shall apply with equal force and\neffect to notes and noteholders, respectively, unless the context\notherwise clearly requires.\n 3. "Construction" shall mean the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of a\nsolid waste management-resource recovery facility; the inspection and\nsupervision thereof; and the engineering, architectural, legal, fiscal\nand economic investigations and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\nincidental thereto.\n 4. "Cost", as applied to any project, shall include the cost of\nacquisition of any project, the cost of construction of the project, the\ncost of acquisition of all property, including real property and other\nproperty, both real and personal and improved and unimproved, the cost\nof demolishing, removing or relocating any buildings or structures on\nland so acquired, including the cost of acquiring any land to which such\nbuildings 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 or\nnote insurance, other expenses necessary or incidental to the\nconstruction of such project and the financing of the construction\nthereof, including the amount authorized in the resolution of the agency\nproviding for the issuance of bonds or notes to be paid into any reserve\nor other special fund from the proceeds of such bonds or notes and the\nfinancing of the placing of any project in operation, including\nreimbursement to the town for expenditures made with the prior approval\nof the agency, that would be costs of the project hereunder had they\nbeen made directly by the agency.\n 5. "Governing body" shall mean the directors of the agency.\n 6. "Municipality" shall mean any county, city, town, village, school\ndistrict, fire district or a county or town acting on behalf of an\nimprovement district.\n 7. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n 8. "Project" shall mean any solid waste management-resource recovery\nfacility, the planning, financing, construction, operation or\nmaintenance of which is authorized to be undertaken, in whole or in\npart, by the agency pursuant to this title, including any real property\nrequired in connection therewith.\n 9. "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 10. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the agency from its operations.\n 11. "Resource recovery" shall mean the separation, extraction and\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, recycling centers or other programs, projects or\nfacilities.\n 12. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances discarded\nor rejected as being spent, useless, worthless, or in excess to the\nowners at the time of such discard or rejection, including but not\nlimited to garbage, refuse, industrial and commercial waste, sludges\nfrom air 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, source, special nuclear or by-product\nmaterial within the meaning of the Atomic Energy Act of nineteen hundred\nfifty-four, as amended, and waste which appears on the list of hazardous\nwaste promulgated by the commissioner of environmental conservation\npursuant to section 27-0903 of the environmental conservation law.\n 13. "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 to be used, occupied or employed beyond the initial\nsolid waste collection process for the receiving, transporting, storage,\nprocessing or disposal of solid waste or the recovery by any means of\nany material or energy product or resource therefrom including but not\nlimited to recycling centers, transfer stations, baling facilities, rail\nhaul or maritime facilities, processing systems, resource recovery\nfacilities, steam and electric generating facilities, including\nauxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, plants and facilities for compacting, composting or\npyrolyzation of solid wastes, incinerators, and other solid waste\ndisposal, 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.\n 14. "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 15. "State" shall mean the state of New York.\n 16. "Town" shall mean the town of Islip.\n 17. "Town board" shall mean the town board of the town of Islip.\n