Section 1281. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears from the context:
        1. "Corporation" shall  mean  the  corporation  continued  by  section
      twelve hundred eighty-two of this title.
        2.  "Construction"  shall  mean  the  erection, building, acquisition,
      alteration, reconstruction, improvement,  enlargement  or  extension  of
      sewage  treatment works, sewage collecting systems, solid waste disposal
      facilities,  air  pollution   control   facilities,   water   management
      facilities,  storm  water  collecting systems, state park infrastructure
      projects, or all or any portion of Riverbank Park as the  case  may  be;
      the   inspection   and   supervision   thereof;   and  the  engineering,
      architectural, legal, fiscal and economic  investigations  and  studies,
      surveys,  designs,  plans, working drawings, specifications, procedures,
      and other actions necessary thereto.
        3. "Governing body" shall mean
        a. In the case of a  county,  city,  town,  village,  county  or  town
      improvement  district,  the  board  of  supervisors,  board of aldermen,
      common council, commission, town  board,  board  of  trustees  or  other
      elective board or body now or hereafter vested by state statute, charter
      or  other  law  with  jurisdiction  to  initiate and adopt local laws or
      ordinances, whether or not such local laws  or  ordinances  require  the
      approval  of  the  chief  executive officer or other official or body to
      become effective;
        b. In the case of a district corporation, the board  vested  with  the
      management and control of the corporation; and
        c.  In  the  case  of  a  sewer  authority now existing in a city, the
      members of such authority.
        4. "Municipal  bonds  and  notes"  shall  mean  the  bonds  and  notes
      authorized  and issued pursuant to the local finance law or other act of
      the legislature by any municipality for the purposes  of  financing  the
      construction  of  a  sewage  treatment  works, sewage collecting system,
      storm water collecting system, water management facility, air  pollution
      control facility, or solid waste disposal facility.
        5. "Municipality" shall mean any county, city, town, village, district
      corporation,  county  or  town improvement district, sewer authority now
      existing in a city, or any two or more of the foregoing which are acting
      jointly in connection with a sewage treatment works,  sewage  collecting
      system,  solid  waste disposal facility, air pollution control facility,
      water  management  facility,  or  storm  water  collecting  system.  For
      purposes  of  sections  twelve  hundred eighty-five-j and twelve hundred
      eighty-five-m of this title only, a municipality may, in addition to the
      foregoing, include an Indian nation or tribe recognized by the state  or
      the  United  States  with  a  reservation  wholly  or  partly within the
      boundaries of New York state, any public benefit corporation  or  public
      authority  established pursuant to the laws of New York or any agency of
      New York state which is empowered to construct and operate  a  municipal
      water pollution control project or water management facility, or any two
      or  more  of the foregoing which are acting jointly in connection with a
      municipal water pollution control project or water management  facility.
      For purposes of section twelve hundred eighty-five-m of this title only,
      a  municipality  may,  in  addition  to  the foregoing, include a school
      district.
        6. "Real  property"  shall  mean  lands,  structures,  franchises  and
      interests  in  land,  waters, lands under water, 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.
        7.  "Sewage  collecting  systems"  shall  mean  systems of underground
      conduits designed to pick up sewage  from  commercial,  residential  and
      industrial  properties  and  deliver  it  by  gravity  with  or  without
      intermediate pumping to a sewage treatment or disposal plant.
        8. "Sewage treatment works" shall mean a facility for the  purpose  of
      treating,  neutralizing  or  stabilizing  sewage,  industrial waste or a
      combination thereof, including but not limited to treatment or  disposal
      plants,  the  necessary  intercepting,  outfall,  force mains and outlet
      sewers, pumping stations integral to such plants or  sewers,  and  other
      property  used  for treating, utilizing, storing, processing, or finally
      disposing of sewage  or  industrial  waste,  equipment  and  furnishings
      thereof and their appurtenances.
        9.  "Solid waste" shall mean all putrescible and non-putrescible solid
      wastes, including but not limited to garbage, refuse,  sludge,  rubbish,
      ashes,  incinerator  residue, street cleanings, dead animals, demolition
      and construction debris, automobile bodies, offal  and  other  discarded
      and  solid  materials,  including but not limited to that resulting from
      commercial,   industrial,   construction,   demolition,    agricultural,
      governmental, residential or community processes or activities.
        10.  "Solid waste disposal facility" shall mean a facility or site for
      the purpose of treating, compacting, recycling, or  disposing  of  solid
      waste  materials,  including treatment, compacting, resource recovery or
      disposal plants, equipment and furnishings thereof used for the storage,
      treatment, compacting, composting, shredding,  converting,  utilization,
      processing,  or final disposal of solid waste, including but not limited
      to  resource  recovery  facilities,  mechanical,  chemical  or   thermal
      processing  systems,  incinerators, sanitary landfills, other facilities
      for the storage, reduction or conversion of solid waste, used singly  or
      in  combination, and appurtenances, furnishings, equipment and machinery
      deemed necessary thereto, whether said facility or site  serves  one  or
      more  purposes  in addition to the primary purpose of disposing of solid
      waste  materials,  and  a  facility  or  site  for  the  collection  and
      conveyance  of  solid  wastes,  including  but  not  limited to transfer
      stations, baling facilities, railroad  and  maritime  facilities,  motor
      trucks   or  vehicles  and  appurtenances,  furnishings,  equipment  and
      machinery deemed necessary thereto, but not including services necessary
      for the collection of solid wastes.
        11. "State agency" shall mean  any  officer,  authority,  corporation,
      department,   board,   commission,   bureau,  division,  public  benefit
      corporation, council, agency or instrumentality of the state.
        12. "State" shall mean the state of New York.
        13. "Cost" as applied to any project shall include, but not be limited
      to, cost of construction of the project, the cost of acquisition of  all
      property,  including  real  property  and  other 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  costs  of  all systems,
      facilities, machinery and equipment, financing charges,  interest  prior
      to  and  during  construction, the cost of engineering and architectural
      surveys, plans and specifications, the cost of  consultants'  and  legal
      services,  the cost of lease guarantee or bond insurance, other expenses
      necessary or incident to  the  construction  of  such  project  and  the
      financing  of  the construction thereof, including the amount authorized
      in the resolution of the corporation providing for the issuance of bonds
      to be paid into any special fund from the proceeds of such bonds and the
    
      financing  of  the  placing  of  any  project  in  operation,  including
      reimbursement  to  any municipality, state agency, the state, the United
      States government, or any other person for expenditures, made  with  the
      prior  approval  of  the corporation, that would be costs of the project
      hereunder had they been made directly by the corporation.
        14. "Person" shall mean  any  person,  including  individuals,  firms,
      partnerships,  associations,  public utilities or corporations organized
      or existing under the laws of the state or any other state, exclusive of
      a municipal corporation or state agency.
        15. "Project" shall mean any sewage treatment works, sewage collecting
      systems,  solid  waste  disposal  facilities,  air   pollution   control
      facility,   water   management   facility,  industrial  hazardous  waste
      treatment, storage, exchange and disposal facility,  inactive  hazardous
      waste disposal site remedial program, storm water collecting system, and
      waste  oil recovery, reprocessing and rerefining facilities or any other
      works or  facilities  which  the  corporation  is  authorized  to  plan,
      finance,  construct,  operate  or  maintain under the provisions of this
      title  including  all  buildings,  systems,  facilities,  appurtenances,
      machinery  and  equipment  which the corporation deems necessary for the
      operation of the project, including the site therefor, together with all
      property, rights, easements and interests, either on or off  such  site,
      which may be required for the operation of the project.
        16.  "Sewage" shall mean 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  with sewage of industrial waste or other waste
      shall also be considered "sewage" within the meaning of this title.
        17. "Air pollution control facility" shall mean a  facility,  for  the
      purpose  of abating or controlling atmospheric pollutants, contaminants,
      waste or heat, by recovery methods or otherwise, whether  said  facility
      serves  one  or  more  purposes  in  addition  to the primary purpose of
      abating or controlling such pollutants, contaminants,  waste,  or  heat,
      including  treatment, neutralizing or stabilizing plants, site equipment
      and  necessary  furnishings  thereof,  their  appurtenances,   and   any
      property, real or personal, functionally related and subordinate to said
      facility.
        18.  "Industrial waste" shall mean any liquid, gaseous, or solid waste
      substance or  a  combination  thereof  resulting  from  any  process  of
      industry,  manufacture,  trade,  or  business,  or from the development,
      processing, or recovery of any natural resource which pollutes the water
      or air of the state.
        19. "Water management facility" shall mean a water supply facility  or
      a  facility  or site for the supply, control, treatment and distribution
      of water, including but not limited to water transmission lines, pumping
      stations, reservoirs, dams  and  other  impoundments,  and  all  of  the
      necessary  appurtenances incidental thereto for the purpose of providing
      a public water supply. It shall also mean a facility for the purpose  of
      abating or controlling water pollutants, contaminants, waste or heat, by
      recovery  methods or otherwise, whether said facility serves one or more
      purposes in addition to the primary purpose of  abating  or  controlling
      such  pollutants, contaminants, waste or heat, including but not limited
      to treatment, neutralizing or stabilizing  plants,  site  equipment  and
      necessary  furnishings  thereof,  their  appurtenances,  and  any  other
      property, real or personal, functionally related and subordinate to said
      facility.
        20. "Storm water collecting system" shall mean systems of conduits and
      all other constructions, devices, and  appliances  appurtenant  thereto,
    
      designed  and  used  to collect and carry storm water and surface water,
      street wash and other wash or drainage waters.
        21.  "Resource recovery facilities" shall mean facilities, structures,
      machinery, or devices, singly or in combination,  designed,  constructed
      and  required  to  separate, process, modify, convert, treat, or prepare
      collected solid waste so  that  component  materials  or  substances  or
      recoverable  resources  may  be  used  as  a  raw  material or for their
      productive purposes, which are required for  the  process  of  obtaining
      materials,  substances,  or  heat, oil, gas or other sources or forms of
      energy from solid waste for use or reuse, including but not  be  limited
      to,  singly  or  in  combination,  structures,  mechanical,  chemical or
      thermal  processing  systems,  furnaces,  steam  generating   equipment,
      electric   generating   equipment,  pyrolization  facilities  and  other
      appurtenances, furnishings, equipment  and  machinery  deemed  necessary
      thereto.
        22.  "Industrial  hazardous  waste"  shall mean an industrial waste or
      combination of wastes, which because of its quantity, concentration,  or
      physical, chemical or infectious characteristics may:
        (a)  cause,  or  significantly  contribute  to  an increase in serious
      irreversible, or incapacitating reversible illness; and/or
        (b) pose a substantial present or potential hazard to human health  or
      the environment and, therefore, must be segregated and excluded from the
      general  municipal  waste  system  and  sewage  collection and treatment
      process.
        23.  "Industrial  hazardous  waste  treatment,  storage  and  disposal
      facility"  shall mean a specialized facility or site other than a sewage
      treatment for the purpose of treating, storing,  compacting,  recycling,
      exchanging,  or  disposing  of  industrial  hazardous  waste  materials,
      including treatment, compacting, resource recovery or  disposal  plants,
      equipment  and  furnishings  thereof  used  for  the storage, treatment,
      compacting, composting, shredding, converting, utilization,  processing,
      or  final  disposal  of  hazardous  waste,  including but not limited to
      mechanical,  chemical  or  thermal  processing  systems,   incinerators,
      sanitary  landfills,  other  facilities  for  the  storage, reduction or
      conversion of hazardous waste, including but  not  limited  to  transfer
      stations,  baling  facilities,  railroad  and maritime facilities, motor
      trucks  or  vehicles  and  appurtenances,  furnishings,  equipment   and
      machinery deemed necessary thereto.
        24.  "Hazardous  waste"  shall  have  the same meaning as set forth in
      section 27-1301 of the environmental conservation law.
        25. "Inactive hazardous waste  disposal  site"  shall  have  the  same
      meaning   as   set   forth  in  section  27-1301  of  the  environmental
      conservation law.
        26. "Inactive hazardous waste disposal site  remedial  program"  shall
      have   the  same  meaning  as  set  forth  in  section  27-1301  of  the
      environmental conservation law.
        27. "Municipal water pollution control project" shall  mean  a  sewage
      facility  or  related facility which is an "eligible project" within the
      meaning of section 17-1909 of the environmental conservation law.
        * 28. "Riverbank Park" shall mean a park or parks to be located  on  a
      site of approximately twenty-eight acres, on the roof of and adjacent to
      the  North  River  sewage  treatment  plant, located at the Hudson River
      between 137th and 145th Streets in the borough of Manhattan, city of New
      York, including all buildings,  systems,  bridges  and  other  means  of
      pedestrian  or  vehicular  access,  recreational,  cultural and athletic
      facilities, appurtenances, machinery and equipment which the corporation
      deems necessary for the operation of such park or parks,  including  the
      site  therefor,  together  with  all  property,  rights,  easements  and
    
      interests, either on or off such site, which may  be  required  for  the
      operation  of  such  park  or  parks.  Such  recreational,  cultural and
      athletic facilities may include,  without  limitation,  swimming  pools,
      gymnasia,  athletic  fields,  skating  rinks, tennis courts, theaters or
      amphitheaters and centers for the performing arts.
        * NB There are 2 sub 28's
        * 28. "Waste" means any garbage, refuse, sludge from a waste treatment
      plant, water supply treatment plant, or air pollution control  facility,
      and   other  discarded  material,  whether  or  not  such  material  may
      eventually be used for some  other  purpose,  including  solid,  liquid,
      semisolid,  or  contained  gaseous  material  resulting from industrial,
      commercial,  mining  and  agricultural  operations  or  from   community
      activities,  and  source,  special  nuclear  or  by-product  material as
      defined in the Atomic Energy Act of 1954, as amended, except as  may  be
      provided  by  existing  agreements between the state of New York and the
      government of the United States, but does not include solid or dissolved
      material  in  domestic  sewage,  or  solid  or  dissolved  materials  in
      irrigation return flows or industrial discharges which are point sources
      subject   to  permits  under  article  seventeen  of  the  environmental
      conservation law.
        * NB There are 2 sub 28's
        29. "State park  infrastructure"  shall  mean  state  park  resources,
      recreational  facilities and historic sites and any other property, real
      or personal, under the jurisdiction of the  New  York  state  office  of
      parks,  recreation  and  historic preservation, together with machinery,
      equipment,  furnishings  and  fixtures  relating  thereto  or  used   in
      connection therewith.
        30.  "State park infrastructure project" shall mean all costs incurred
      or to be incurred by or on behalf of the office of parks, recreation and
      historic preservation  for  the  purpose  of  preserving,  improving  or
      rehabilitating state park infrastructure.
        31.  "Waste  oil" shall mean used engine lubricating oil and any other
      oil, including but not limited  to,  fuel  oil,  motor  oil,  gear  oil,
      cutting  oil, transmission fluid, hydraulic fluid, dielectric fluid, oil
      storage tank residue, animal oil, and  vegetable  oil,  which  has  been
      contaminated   by  physical  or  chemical  impurities,  through  use  or
      accident, and has not subsequently been rerefined.
        32. "Waste oil recovery, reprocessing and rerefining facilities" shall
      mean  facilities,  structures,  machinery,  or  devices,  singly  or  in
      combination,   for   purposes   of  separating,  processing,  modifying,
      converting, treating or otherwise preparing waste oil so that it, or its
      components or substances, may be beneficially reused, including reuse as
      raw materials, as lubricants, or as an energy source.  Such  facilities,
      structures,  machinery  or devices may include, but shall not be limited
      to,  mechanical,  chemical  or  thermal  processing  systems,  furnaces,
      laboratories,  storage  and  blending  tanks, pumping stations, transfer
      stations, railroad and maritime facilities, motor trucks or vehicles and
      other  appurtenances,  furnishings,  machinery  and   equipment   deemed
      necessary thereto.
        33.  "Water  supply  facility"  or "water supply project" shall mean a
      water supply facility which is an "eligible project" within the  meaning
      of subdivision four of section eleven hundred sixty of the public health
      law.
        34.  "Recipient"  shall  mean  any  municipality,  public  utility, or
      person,  including  any  individual,  firm,  partnership,   association,
      not-for-profit  corporation  or other corporation organized and existing
      under the laws of the state or any other state  which  is  empowered  to
      construct  and  operate  an  eligible project, or any two or more of the
    
      foregoing which are  acting  jointly  in  connection  with  an  eligible
      project.