Section 1232-B. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context:
        1. "Attorney general" means the state attorney general.
        2. "Authority" means the public benefit corporation created by section
      twelve hundred thirty-two-c of this title.
        3. "Bonds" means the bonds, notes or other evidences  of  indebtedness
      issued  by  the  authority pursuant to this title, and the provisions of
      this title relating to bonds and  bondholders  shall  apply  with  equal
      force  and  effect  to  notes  and noteholders, respectively, unless the
      context otherwise clearly requires.
        4. "Comptroller" means the state comptroller.
        5.  "Construction"  means  the  negotiation,  acquisition,   erection,
      building,   alteration,  improvement,  testing,  increase,  enlargement,
      extension, reconstruction, interconnection, renovation or rehabilitation
      of storm water resources facility,  sewerage  facility  or  storm  water
      resources  and  sewerage facility as the case may be; the inspection and
      supervision  thereof;  and  the   engineering,   architectural,   legal,
      appraisal,  fiscal,  environmental and economic investigations, services
      and studies, surveys, designs, plans, working drawings,  specifications,
      procedures and other actions preliminary or incidental thereto.
        6.   "Cost"   as   applied  to  any  project,  includes  the  cost  of
      construction, the cost of the acquisition of all property both real  and
      personal, and improved and unimproved; the cost of demolishing, removing
      or  relocating  any  buildings  or  structures  on  lands  so  acquired,
      including the cost of acquiring any lands to  which  such  buildings  or
      structures  may  be  moved  or  relocated;  the  cost  of  all  systems,
      facilities, machinery,  apparatus,  fixtures  and  equipment;  financing
      charges,  interest prior to, during and after construction to the extent
      not paid or provided for from revenues or other  sources;  the  cost  of
      engineering  and  architectural  surveys,  plans and specifications; the
      cost of consultant and legal services; the cost of  lease  guarantee  or
      bond  insurance;  and the cost of other expenses necessary or incidental
      to  the  construction  of  such  project  and  the  financing   of   the
      construction  thereof, including the amount authorized in the resolution
      of the authority providing for the issuance of bonds to be paid into any
      reserve or other special fund from the proceeds of such  bonds  and  the
      financing  of  the  placing  of  any  project  in  operation,  including
      reimbursement to the county, or  any  municipality,  state  agency,  the
      state,   the   United   States  government,  or  any  other  person  for
      expenditures that would be costs of the project hereunder had they  been
      made directly by the authority.
        7. "County" means the county of Nassau.
        8.  "County  charter"  or  "charter  of  the  county" means the county
      government law of Nassau county.
        9. "County executive" means the county executive of the county.
        10. "County legislature" means the county legislature of the county.
        11. "District" means the Nassau county sewer and storm water resources
      district created by the chapter of the laws of two thousand  three  that
      added this title.
        12.  "Facility" or "facilities" means collectively a sewerage facility
      or sewerage facilities and storm water resources facility or storm water
      resources facilities.
        13. "Governing body" means the members of the  authority  constituting
      and acting as the governing body of the authority.
        14.  "Municipality" means any county, city, town, village, improvement
      district under the town law, commissioner-run district, any  other  such
      instrumentality,  including  any  agency,  or  public corporation of the
      state, or any of the foregoing or any combination thereof.
    
        15. "Person" means any natural person, partnership, association, joint
      venture, limited liability company or corporation, exclusive of a public
      corporation  as  defined  pursuant  to  article  two-A  of  the  general
      construction law.
        16.  "Prior districts" means the twenty-seven county sewage collection
      districts  and  three  county  sewage  disposal   districts   heretofore
      established by the county pursuant to the county charter and existing on
      the day immediately prior to the effective date of this title.
        17.  "Project"  means  any  storm  water  resources facility, sewerage
      facility or storm water resources and sewerage facility, as the case may
      be, including  the  acquisition,  planning,  development,  financing  or
      construction thereof.
        18.  "Properties"  means the storm water resources, sewerage and storm
      water resources and sewerage system or systems of the authority, whether
      situated within or without  the  territorial  limits  of  the  district,
      including  the  plants,  works,  structures,  instrumentalities or parts
      thereof and appurtenances thereto, real property, storm water  resources
      facilities,  sewerage facilities or any other property incidental to and
      included  in  such  system  or  systems  or  part   thereof,   and   any
      improvements, extensions and betterments.
        19.  "Real  property"  means lands, structures, franchises, rights and
      interests in lands, waters, lands underwater, riparian  rights  and  air
      rights,  and any and all things and rights included within said term and
      includes not only fees simple absolute, but  also  any  and  all  lesser
      interests including, but not limited to, easements, rights-of-way, uses,
      leases,  licenses  and  all  other  incorporeal  hereditaments and every
      estate, interest or right, legal or equitable, including terms for years
      and liens thereon by way of judgments, mortgages or otherwise.
        20. "Revenues" means  all  payments  and  other  income  and  receipts
      derived  by  the authority including, without limiting the generality of
      the  foregoing,  investment  proceeds  and  proceeds  of  insurance  and
      condemnation, together with all federal, state or municipal aid.
        21.  "Sewage"  means  the  water-carried  human  or animal wastes from
      residences,  buildings,  industrial  establishments  or  other   places,
      together with such ground water infiltration and surface water as may be
      present.  The  admixture  of  sewage with industrial or other waste also
      shall be considered "sewage" within the meaning of this title.
        22. "Sewerage facility" or "sewerage  facilities"  means  any  plants,
      structures  and other real and personal property acquired, rehabilitated
      or constructed or planned for  the  purpose  of  collecting,  conveying,
      pumping,  treating,  neutralizing,  storing  and  disposing  of  sewage,
      including but not limited  to  main,  trunk,  intercepting,  connecting,
      lateral,  outlet  or other sewers, outfalls, pumping stations, treatment
      and disposal plants, ground water recharge basins, back-flow  prevention
      devices,   sludge  dewatering  or  disposal  equipment  and  facilities,
      clarifiers, filters, phosphorus  removal  equipment  and  other  plants,
      works,  structures,  equipment,  vehicles, conveyances, contract rights,
      franchises, approaches, connections, permits, real or personal  property
      or  rights  therein  and  appurtenances  thereto necessary or useful and
      convenient  for  the   collection,   conveyance,   pumping,   treatment,
      neutralizing,  storing  and  disposing  of  sewage and to the extent not
      covered by the foregoing, any facilities operated and maintained by  the
      prior districts.
        23.  "Sewerage  services" means the collection, treatment and disposal
      of sewage, any services provided by a sewerage facility  and  any  other
      service related thereto.
        24. "State" means the state of New York.
    
        25.   "State   agency"   means   any  state  officer,  public  benefit
      corporation, department, board, commission, bureau or division,  or  any
      other agency or instrumentality of the state.
        26.  "Storm  water  resources  facility"  or  "storm  water  resources
      facilities" means any plants, structures and  other  real  and  personal
      property acquired, rehabilitated, constructed or planned for the purpose
      of  providing  storm water resources services, including but not limited
      to accumulating, transmitting or treating surface water, storm water  or
      ground water, including but not limited to surface water, storm water or
      ground  water  reservoirs,  basins, dams, canals, aqueducts, standpipes,
      outfalls, conduits, pipelines, mains, pumping stations, pumps,  ditches,
      wells,  injection  wells,  treatment  plants and works, contract rights,
      franchises, approaches, connections, permits, meters, rights of  flowage
      or   diversion   and  other  plants,  structures,  equipment,  vehicles,
      conveyances,  real  or  personal  property   or   rights   therein   and
      appurtenances  thereto  necessary  or  useful  and  convenient  for  the
      accumulation, transmission, or treatment  of  surface  water  or  ground
      water;  provided,  however,  that  such facilities shall not include any
      facility for the provision of potable water.
        27. "Storm water resources services" means the  collection,  treatment
      and  disposal  of  storm  water and contaminated surface water or ground
      water; the development, implementation and monitoring of insect  control
      programs;  the  monitoring  and  testing  of  surface  and  ground water
      quality; the development and implementation of hazardous  waste  testing
      programs; the development and implementation of hydro-geological studies
      and reports of the territory encompassing the district; and any services
      provided  by  a  storm  water  resources  facility and any other service
      related thereto; provided, however, that such services shall not include
      the provision of potable water; provided further that in  no  way  shall
      the  provisions of this title be construed to expand storm water related
      services for which the authority is authorized to  provide  beyond  such
      services  provided by the county department of public works prior to the
      effective date of this title.