Section 2041-A. Definitions

As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Area of operation" shall mean any  or  all  of  the  participating
  counties.
    2.  "Authority"  shall  mean the public benefit corporation created by
  section two thousand forty-one-b of this title, known as the Montgomery,
  Otsego, Schoharie solid waste management authority.
    3.  "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  which  shall
  apply   with   equal   force   and  effect  to  notes  and  noteholders,
  respectively, unless the context otherwise clearly requires.
    4. "Construction" shall  mean  the  acquisition,  erection,  building,
  alteration,   repair,  improvement,  increase,  enlargement,  extension,
  reconstruction, renovation or rehabilitation of a solid waste management
  resource recovery facility including any appurtenances thereto which may
  be necessary or desirable to promote the efficiency or effectiveness  of
  a  project; 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 thereto.
    5. "Cost", as applied to any contract, means and includes the cost  of
  construction,  the  cost  of  the 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
  relocating  tenants or other occupants of the buildings or structures on
  such land and 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 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  a   county,   any
  municipality,  state  authority, 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.
    6.   "Governing   body"  shall  mean  the  members  of  the  authority
  constituting and acting as the governing body of the authority.
    7. "Legislative body" or "legislative bodies" shall mean any or all of
  the boards of supervisors of the counties of  Montgomery  and  Schoharie
  and the board of representatives of the county of Otsego.
    8.  "Municipality"  shall mean any county, including any participating
  county, city, town, village,  refuse  district  under  the  county  law,
  improvement district under the town law, any other such instrumentality,
  including  an  agency  or public corporation of the state, or any of the
  foregoing, or any combination thereof.
    9. "Participating counties"  shall  mean  those  of  the  counties  of
  Montgomery,  Otsego  and  Schoharie that shall have appointed members of
  the authority and shall have filed  a  certificate  in  accordance  with
  section two thousand forty-one-b of this title.

    10.  "Person" shall mean any natural person, partnership, association,
  joint venture or corporation, exclusive of a public corporation.
    11.  "Primary  public  water  supply  aquifer"  shall  mean  a  highly
  productive  water  bearing  formation  identified  by   the   department
  consisting  of  unconsolidated  (non-bedrock)  geologic deposits, which:
  (1) receives substantial recharge from the overlying land  surface;  and
  (2)  is  presently  utilized as a major source of water for public water
  supply.
    12.  "Principal  aquifer"  shall  mean  unconsolidated   (non-bedrock)
  geologic  deposits  identified  by  the  department  which: (1) receives
  substantial recharge from the overlying land surface; (2) is known to be
  highly productive or  whose  geology  suggests  a  potentially  abundant
  source  of  water;  and  (3)  is not presently used as a major source of
  water for public water supply.
    13. "Project" shall mean any solid waste management resource  recovery
  facility and any appurtenances thereto necessary or desirable to promote
  the  efficiency  or  effectiveness  of  any  facility,  of which, or any
  portion of which, the planning,  development,  financing,  construction,
  operation  or  maintenance is authorized to be undertaken in whole or in
  part by the authority pursuant to this title.
    14. "Real property"  shall  mean  lands,  structures,  franchises  and
  interests  in  land,  waters,  lands  underwater,  riparian  rights, air
  rights, space  rights  and  any  fixtures,  equipment  and  articles  of
  personal  property  affixed  to or used in connection therewith, 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 judgment, mortgages or otherwise and all claims
  for damages for such real estate.
    15. "Resource recovery" shall  mean  the  separation,  extraction  and
  recovery  of  usable  materials, energy or heat from solid waste through
  source separation, incineration, recycling centers  or  other  programs,
  projects or facilities.
    16.  "Revenues"  shall  mean all rates, fees, rents, charges and other
  income derived by the authority from its operations.
    17. "Solid waste" shall mean all putrescible and non-putrescible solid
  wastes, including, but not limited to, materials or substances discarded
  or rejected, whether as being spent, useless, worthless or in excess  to
  the  owners  at  the  time of such discard or rejection or for any other
  reason, or are being accumulated, stored, or physically,  chemically  or
  biologically  treated  prior  to  being  discarded,  having served their
  intended use, or are a  manufacturing  by-product,  including,  but  not
  limited  to,  garbage,  refuse,  and  other  discarded  solid materials,
  including solid waste materials resulting  from  industrial,  commercial
  and  agricultural operations and from community activities, sludges from
  air or water pollution control  facilities  or  water  supply  treatment
  facilities,  rubbish,  ashes,  contained  gaseous  material, incinerator
  residue, demolition and construction debris and offal, but not including
  sewage and other highly diluted water-carried  materials  or  substances
  and those in gaseous form, special nuclear or by-product material within
  the meaning of the Atomic Energy Act of 1954, as amended, or waste which
  appears  on the list or satisfies the characteristics of hazardous waste
  promulgated by the commissioner of environmental  conservation  pursuant
  to section 27-0903 of the environmental conservation law.
    18.  "Solid waste management resource recovery facility" or "facility"
  shall mean any facility,  plant,  works,  system,  building,  structure,

  improvement,  machinery,  equipment,  fixture  or other real or personal
  property which is being used, occupied or employed for or is  incidental
  to  the  collecting,  receiving,  transporting,  storage, processing, or
  disposal  of solid waste or the recovery by any means of any material or
  energy product or resource therefrom  including,  but  not  limited  to,
  recycling  centers,  transfer  stations, baling facilities, rail haul or
  maritime facilities, collection vehicles, processing  systems,  resource
  recovery  facilities,  steam  and  electric  generating and transmission
  facilities, including auxiliary facilities to supplement or  temporarily
  replace  such  generating  facilities,  steam  distribution  and related
  plants  and   facilities,   sanitary   landfills,   leachate   treatment
  facilities,   plants   and  facilities  for  compacting,  composting  or
  pyrolization  of  solid   wastes,   secure   land   burial   facilities,
  landspreading  facilities,  surface  impoundments and waste oil storage,
  reprocessing and recycling facilities,  incinerators,  and  other  solid
  waste disposal, reduction or conversion facilities and resource recovery
  equipment  and  disposal  equipment  as defined in subdivisions four and
  five of section 51-0903 of the environmental conservation law.  Any such
  facility producing either electricity or  shaft  horsepower  and  useful
  thermal  energy  shall constitute a co-generation facility as defined in
  subdivision two-a of section two of the public service law.
    19. "Source separation"  shall  mean  the  segregation  of  recyclable
  materials  from  the  solid  waste stream at the point of generation for
  separate collection, sale or other disposition.
    20. "State" shall mean the state of New York.