Section 2040-B. 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 public benefit  corporation  created  by
      section two thousand forty-c of this title.
        2.  "Construction"  shall  mean  the  erection, building, acquisition,
      alteration, reconstruction, improvement, enlargement or extension  of  a
      solid  waste  disposal  and/or  resource  recovery  and  energy recovery
      facility, 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  incidental  therto.  A
      co-disposal system utilizing sewage sludge is permissible.
        3.  "Governing  body"  shall  mean  the  board  of  directors  of  the
      authority.
        4.  "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.
        5. "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.
        6.  "Solid  waste  disposal  facility" shall mean any facility used or
      useful for receiving,  treating,  shredding,  compacting,  transporting,
      storing,  processing,  converting, utilizing, recycling, or disposing of
      solid waste, including but  not  limited  to,  mechanical,  chemical  or
      thermal  systems  and  including, but not limited to, transfer stations,
      baling facilities, railroad and maritime facilities, buildings, resource
      recovery facilities, incinerators, sanitary land fills, motor  vehicles,
      machinery, apparatus, equipment, and furnishings, together with all real
      property required for any of the foregoing, but not including facilities
      or services necessary for the collection of solid waste.
        7.  "Cost",  as  applied  to  any  project,  shall include the cost of
      acquisition of any project, 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 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 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 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 any municipality, state
      agency, the state, the United States government, or any other person for
    
      expenditures, made with the prior approval of the authority, that  would
      be  costs  of  the  project hereunder had they been made directly by the
      authority.
        8.  "Person"  shall mean any natural person, partnership, association,
      joint venture or corporation, exclusive of a public corporation.
        9. "Project" shall mean  any  solid  waste  disposal  and/or  resource
      recovery   and   energy  recovery  facility,  the  planning,  financing,
      construction, operation,  maintenance  of  which  is  authorized  to  be
      undertaken  by  the authority pursuant to this title, including any real
      property required in connection therewith.
        10. "Industrial waste" shall mean any liquid, gaseous, or solid  waste
      substance  or  a  combination  thereof resulting from (i) any process of
      industry, manufacture, trade, or  business,  or  (ii)  the  development,
      processing,  or  recovery  of  any  natural resource, which pollutes the
      water or air of the state.
        11. "Resource recovery facilities" shall mean facilities,  structures,
      machinery,  or  devices, singly or in combination, designed, constructed
      and required to separate, recycle and recover metals,  glass,  paper  or
      other  materials  from  solid  waste  for reuse or for energy production
      including,  but  not  limited  to,  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.
        12.  "Towns"  shall  mean the towns of Babylon and Huntington, Suffolk
      county, New York.
        13. "Town boards" shall mean the town boards of the towns  of  Babylon
      and Huntington, Suffolk county.
        14. "Bonds and notes" shall mean the bonds, notes or other obligations
      issued by the authority pursuant to this title.
        15.  "Revenues"  shall  mean all rates, fees, rents, charges and other
      income derived by the authority from its operations.
        16. "Municipality" shall mean any county, city, town, village,  school
      district,  fire  district  or  a  county  or town acting on behalf of an
      improvement district.
        17. "County" shall mean the county of Suffolk.
        18. "Area of operation"  shall  mean  all  the  territory  within  the
      boundaries of the towns.
        19. "State" shall mean the state of New York.