Section 1199-BB. Definitions  


Latest version.
  • As used or referred to in this title, unless
      a different meaning clearly appears from the context:
        1.  "Authority"  shall  mean  the  corporation  created by section one
      thousand one hundred ninety-nine-dd of this title.
        2. "Board" shall mean the members of the  authority  constituting  and
      acting as the governing board of the authority.
        3. "Board of supervisors" shall mean the board of supervisors of Wayne
      county.
        4.  "Bonds"  shall  mean  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.
        5.  "Civil service commission" shall mean the civil service commission
      of the county of Wayne.
        6. "Comptroller" shall mean the comptroller of the state of New York.
        7. "Construction" shall mean the negotiation,  acquisition,  erection,
      building,   alteration,  improvement,  testing,  increase,  enlargement,
      extension, reconstruction, interconnection, renovation or rehabilitation
      of a water, sewerage or water and sewerage facility, as the case may be;
      the  inspection  and   supervision   thereof;   and   the   engineering,
      architectural,  legal,  appraisal,  fiscal,  economic  and environmental
      investigations, services and studies, surveys, designs,  plans,  working
      drawings,  specifications,  procedures  and other actions preliminary or
      incidental thereto.
        8. "Costs", as applied to any  project,  shall  include  the  cost  of
      construction,  the  cost  of  the acquisition of all property, including
      both real, personal and mixed, the  cost  of  demolishing,  removing  or
      relocating  any  buildings or structures on lands so acquired, including
      the cost of acquiring any land to which such buildings or structures may
      be moved or relocated, the cost of all systems,  facilities,  machinery,
      apparatus  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 the reimbursement to the county, or  any
      municipality,  state agency, the state, the United States government, or
      any other person for expenditures made by them that would  be  costs  of
      the project hereunder.
        9. "County" shall mean the county of Wayne.
        10.  "Distribution system" shall mean the water facility or facilities
      employed to deliver water from a transmission facility, or  where  there
      is  no  transmission  facility,  from a supply facility, to the ultimate
      consumers of water.
        11. "District" shall mean the Wayne county water and  sewer  authority
      district  created  by section one thousand one hundred ninety-nine-cc of
      this title.
        12. "Governing body" shall mean:
        (a) In the case of  a  city,  county,  town  or  village  or  district
      corporation  the  finance  board  as  such  term is defined in the local
      finance law;
        (b) In the case of a public benefit corporation, the members thereof.
    
        13. "Members" shall mean the members of the board.
        14.  "Municipality"  shall  mean  any  county,  city,  town,  village,
      improvement district under the town law, any other such instrumentality,
      including any agency or public corporation of the state, or any  of  the
      foregoing or any combination thereof.
        15.  "Person" shall mean any natural person, partnership, association,
      joint venture or corporation, exclusive of a public corporation.
        16. "Real property" shall mean lands, structures,  franchises,  rights
      and  interests  in land, waters, lands underwater, groundwater, riparian
      rights and air rights and any and all things and rights included  within
      said term "real property" and includes not only fee 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.
        17.  "State  sanitary code" shall mean regulations adopted pursuant to
      section two hundred twenty-five of the public health law.
        18. "Sewage" means the  water-carried  human  or  animal  wastes  from
      residences,   buildings,  industrial  establishments  or  other  places,
      together with such groundwater infiltration and surface water as may  be
      present.  The  admixture  with  sewage of industrial or other waste also
      shall be considered "sewage" within the meaning of this title.
        19. "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.
        20. "State" shall mean the state of New York.
        21.  "State  agency"  shall  mean  any  state  office,  public benefit
      corporation, department, board, commission, bureau or division, or other
      agency or instrumentality of the state.
        22. "Supply facility" shall mean a water  facility  employed  to  make
      groundwater  or surface water available for delivery into a transmission
      facility or distribution system.
        23. "System revenues" shall mean  all  rates,  rents,  fees,  charges,
      payments  and  other  income  and  receipts  derived  by  the  authority
      including, without limiting the generality of the foregoing,  investment
      proceeds  and  proceeds  of  insurance,  condemnation,  sales  or  other
      dispositions of assets, together with all federal,  state  or  municipal
      aid  as well as any other income derived from the operation of the water
      facility of the authority.
        24. "Transmission facility" shall mean a water facility used to  carry
      water from a supply facility to a distribution system.
        25. "Treasurer" shall mean the treasurer of the authority.
        26.  "Water  facility"  or  "water  facilities" shall mean any plants,
      structures or other real and personal property  acquired,  rehabilitated
      or  constructed  or  planned for the purpose of accumulating, supplying,
      transmitting, distributing or treating water, including but not  limited
    
      to  surface  or groundwater reservoirs, basins, dams, canals, aqueducts,
      standpipes, conduits, pipelines, mains, pumping stations,  pumps,  water
      distribution   systems,   compensating   reservoirs,   intake  stations,
      waterworks or sources of water supply, wells, purification or filtration
      plants  or  other  treatment  plants and works, approaches, connections,
      water  meters,  rights  of  flowage  or  diversion  and  other   plants,
      structures,  equipment,  vehicles, towers, conveyances, real or personal
      property or rights therein and appurtenances thereto necessary or useful
      and convenient for the accumulation, supply, transmission, treatment  or
      distribution of water.
        27.  "Water  project" shall mean any sewerage facility, water facility
      or water and sewerage facility,  as  the  case  may  be,  including  the
      planning, development, financing or construction thereof.
        28. "Watershed rules" shall mean the rules and regulations made by the
      department  of  health  pursuant to section eleven hundred of the public
      health law.
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