§ 2049-bb. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Area of operation" means either or both the counties of Oneida and\nHerkimer.\n 2. "Authority" means the public benefit corporation created by section\ntwo thousand forty-nine-cc of this title, known as the Oneida-Herkimer\nsolid waste management authority.\n 3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title and the provisions of\nthis title relating to bonds and bondholders which shall apply with\nequal force and effect to notes and noteholders, respectively, unless\nthe context otherwise clearly requires.\n 4. "Construction" means the acquisition, erection, building,\nalteration, repair, 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 incidental thereto.\n 5. "Cost" as applied to any project, means and includes the cost of\nconstruction, the cost of the acquisition of all 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 relocating tenants or other occupants of the\nbuildings or structures on such land and the cost of acquiring any lands\nto which such building or structures may be moved or relocated, the cost\nof all systems, facilities, machinery, apparatus and equipment,\nfinancing charges, interest prior to, during and after construction to\nthe extent not paid or provided for from revenues or other sources, the\ncost of engineering and architectural surveys, plans and specifications,\nthe cost of consultants' and legal services, the cost of lease\nguarantee, credit enhancement or bond insurance, other expenses\nnecessary or incidental to the construction of such project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the authority providing for the issuance of bonds\nto be paid into any reserve or other special fund from the proceeds of\nsuch bonds and the financing of the placing of any project in operation,\nincluding reimbursement to either of the counties, any municipality,\nstate agency, the state, the United States government or any other\nperson for expenditures that would be costs of the project hereunder had\nthey been made directly by the authority.\n 6. "Counties" means the counties of Oneida or Herkimer, or Oneida and\nHerkimer individually, as shall be determined by the usage of such terms\nin this title.\n 7. "Governing body" means the members of the authority constituting\nand acting as the governing body of the authority.\n 8. "Legislative body" or "legislative bodies" means either or both of\nthe county legislatures of the counties of Oneida and Herkimer.\n 9. "Municipality" means any county, city, town, village, improvement\ndistrict, or area established under the town law, refuse district\nestablished under the county law, district or area having powers similar\nto a refuse district created under any general or special law, or public\ncorporation of the state, or any combination thereof.\n 10. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n 11. "Project" means any solid waste management-resource recovery\nfacility, and any appurtenances thereto necessary or desirable to\npromote the efficiency or effectiveness of any facility, the planning,\ndevelopment, financing, construction, operation, or maintenance of which\nis authorized to be undertaken in whole or in part by the authority\npursuant to this title.\n 12. "Real property" means lands, structures, franchises and interests\nin land, waters, lands underwater, riparian rights and air rights and\nany and 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 damage for such real property.\n 13. "Resource recovery" means the separation, extraction and recovery\nof usable materials, energy or heat from solid waste through source\nseparation, recycling centers or other programs, projects or facilities.\n 14. "Revenues" means all rates, fees, rents, charges and other income\nderived by the authority from its operation.\n 15. "Solid waste" means 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, or are being\naccumulated, stored, or physically, chemically or biologically treated\nprior to being discarded or rejected, having served their intended use,\nor as a manufacturing by-product, including, but not limited to,\ngarbage, refuse, industrial, commercial and agricultural 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, 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 16. "Solid waste management-resource recovery facility" or "facility"\nmeans 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, 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, source separation equipment and disposal equipment as defined\nin subdivisions four and five of section 51-0903 of the environmental\nconservation law. Any such facility producing either electricity or\nshaft horsepower and useful thermal energy shall constitute a\nco-generation facility as designated in subdivision two-a of section two\nof the public service law.\n 17. "Source separation" means the segregation of recyclable materials\nfrom the solid waste stream at the point of generation for separate\ncollection, sale or other disposition.\n 18. "State" means the state of New York.\n