§ 2049-B — Definitions

New York § 2049-B

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 13-F: Town of North Hempstead Solid Waste Management Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2049-b. Definitions. As used in this title, unless a different\nmeaning clearly appears from the context:\n 1. "Authority" shall mean the public benefit corporation created by\nsection two thousand forty-nine-c of this title, known as the town of\nNorth Hempstead solid waste management authority.\n 2. "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 shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n 3. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a solid waste\nmanagement-resource recovery facility; the inspection and supervision\nthereof; and the engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions preliminary or incidental\nthereto.\n 4. "Cost", as applied to any project, shall mean and include the cost\nof planning and design, construction, the cost of the 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 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\nconsultant and legal services, the cost of lease guarantee or bond\ninsurance and the cost of 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\nauthority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to the town or any municipality or state agency, the\nstate, the United States government or any other person for expenditures\nthat would be costs of the project hereunder had they been made directly\nby the authority.\n 5. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n 6. "Municipality" shall mean any county, city, town, village, refuse\ndistrict under the county law, improvement district under the town law,\nany other such instrumentality, including any agency or public\ncorporation of the state, any such instrumentality created under the\nNassau county civil divisions act, or any of the foregoing, or any\ncombination thereof.\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 of which, or any portion of which, the planning, development,\nfinancing, construction, operation or maintenance is authorized to be\nundertaken in whole or in part by the authority pursuant to this title.\n 9. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands underwater, 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. "Resource recovery" shall mean the separation, extraction or\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, incineration, recycling centers or other programs,\nprojects or facilities.\n 11. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n 12. "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, is being accumulated, stored, or physically, chemically or\nbiologically treated prior to being discarded, has served its intended\nuse, or is a manufacturing or mining by-product, including, but not\nlimited to, garbage, refuse, and other discarded solid materials,\nincluding solid waste materials resulting from industrial, commercial,\nmining and agricultural operations and from community activities,\nsludges from air or water pollution control facilities or water supply\ntreatment facilities, rubbish, ashes, contained gaseous material,\nincinerator residue, demolition and construction debris and offal, but\nnot including sewage and other highly diluted water-carried materials or\nsubstances and those in gaseous form, special nuclear or by-product\nmaterial within the meaning of the Atomic Energy Act of 1954, as\namended, and waste which appears on the list of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto 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 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, shredding or baling facilities,\nrail haul or maritime facilities, collection vehicles, processing\nsystems, resource recovery facilities, steam and electric generating and\ntransmission facilities, including auxiliary facilities to supplement or\ntemporarily replace such generating facilities, steam distribution\nfacilities, sanitary landfills, leachate treatment facilities, plants\nand facilities for compacting, composting or pyrolization of solid\nwastes, secure land burial facilities, landspreading facilities, surface\nimpoundments and waste oil storage, reprocessing and rerefining\nfacilities, incinerators and other solid waste disposal, reduction or\nconversion facilities, and "resource recovery equipment" and "disposal\nequipment" as such terms are defined in subdivisions four and five of\nsection 51-0903 of the environmental conservation law. Any such facility\nproducing either electricity or shaft horsepower and useful thermal\nenergy shall constitute a co-generation facility as defined in\nsubdivision two-a of section two of the public service 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 North Hempstead.\n