§ 2050-B — Definitions

§ 2050-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears in the context, the following terms\nshall have the following meanings:\n 1. "Agency" means the public benefit corporation created by section\ntwo thousand fifty-c of this title, known as the Ulster county resource\nrecovery agency.\n 2. "Area of operation" means the county of Ulster.\n 3. "Bonds" means the bonds, notes or other evidences of indebtedness\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 4. "Cost" as applied to any project, 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\nacquiring any lands to which such building or structures may be moved or\nrelocated, the cost of all systems, facilities, machinery, apparatus and\nequipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultants and legal services, the cost\nof lease guarantee, 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 agency providing for the issuance of bonds to\nbe paid into any reserve or other special fund from the proceeds of such\nbonds and the financing of the placing of any project in operation,\nincluding reimbursement to the county, or any municipality, state\nagency, the state, the United States government, or any other person for\nexpenditures that would be costs of the project hereunder had they been\nmade directly by the agency.\n 5. "County" means the county of Ulster.\n 6. "County legislature" means the legislative body of the county.\n 7. "Construction" means 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 incidental thereto.\n 8. "Governing body" means the members of the agency constituting and\nacting as the governing body of the agency.\n 9. "Municipality" means any county, city, town, village, improvement\ndistrict, or public corporation of the state, or any combination\nthereof.\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, the planning, development, financing, construction, operation,\nor maintenance of which is authorized to be undertaken in whole or in\npart by the agency pursuant to this title.\n 12. "Real property" means lands, structures, franchises and interest\nin lands, waters, lands under water, 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 interest\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.\n 13. "Resources 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 agency from its operation.\n 15. "Solid waste" means all materials or substances discarded or\nrejected as being spent, useless, worthless, or in excess to the owners\nat the time of such discard or rejection, including but not limited to\ngarbage, refuse, industrial and commercial waste, sludges from air or\nwater pollution control facilities or water supply treatment facilities,\nrubbish, ashes, contained gaseous material, incinerator residue,\ndemolition and construction debris and offal, but not including sewage\nand other highly diluted water-carried materials or substances and those\nin gaseous form, source, 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 of hazardous waste promulgated by the commissioner\nof environmental conservation pursuant to section 27-0903 of the\nenvironmental 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, landspreading facilities, waste oil storage, reprocessing\nand recycling facilities, plants and facilities for compacting,\ncomposting or pyrolization of solid wastes, incinerators, and other\nsolid waste disposal, reduction or conversion facilities and resource\nrecovery equipment and disposal equipment as defined in subdivisions\nfour and five of section 51-0903 of the environmental conservation law.\nAny such facility producing either electricity or shaft horsepower and\nuseful thermal energy shall constitute a co-generation facility as\ndefined in subdivision two-a of section two of the public service law.\n 17. "State" means the state of New York.\n 18. "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