§ 2051-B — Definitions

§ 2051-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Authority" shall mean the public benefit corporation created by\nsection two thousand fifty-one-c of this title, known as the county of\nFranklin 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 management\nfacility; 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 4. "Cost", as applied to any project, shall mean and include the cost\nof construction, 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, including the cost of acquiring any lands to which such\nbuildings or structures may be moved or relocated, the cost of all\nsystems, facilities, machinery, apparatus and equipment, financing\ncharges, interest prior to, during and after construction to the extent\nnot paid or provided for from revenues or other sources, the cost of\nengineering and architectural surveys, plans and specifications, the\ncost of consultant and legal services, the cost of lease guarantee or\nbond insurance and the cost of other expenses necessary or incidental to\nthe construction thereof, including the amount authorized in the\nresolution of the authority providing for the issuance of bonds to be\npaid into any reserve or other special fund from the proceeds of such\nbonds, the financing of the placing of any project in operation and\nreimbursement to the county, any municipality, and 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. "County" shall mean the county of Franklin.\n 6. "Governing body" shall mean the members of the authority\nconstituting and acting as the governing body of the authority.\n 7. "Municipality" shall mean any county, city, town, village or any\ncombination thereof.\n 8. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n 9. "Project" shall mean any solid waste management facility, the\nplanning, development, financing, construction, operation or maintenance\nof which is authorized to be undertaken in whole or in part by the\nauthority pursuant to this title.\n 10. "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 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. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n 13. "Solid waste" shall mean 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 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 14. "Solid waste management facility" or "facility" shall mean any\nfacility, plant, works, system, building, structure, improvement,\nmachinery, equipment, fixture or other real or personal property which\nis to be used, occupied or employed beyond the initial solid waste\ncollection process for the receiving, transporting, storage, processing,\nor disposal of solid waste or the recovery by any means of any material\nor energy product or resource therefrom including but not limited to\nrecycling centers, transfer stations, baling facilities, rail haul or\nmaritime facilities, processing systems, resource recovery facilities,\nsteam and electric generating and transmission facilities, including\nauxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, plants and facilities for compacting, composting or\npyrolization of solid wastes, incinerators and other solid waste\ndisposal, 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.\n 15. "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 16. "State" shall mean the state of New York.\n