Section 2047-B. Definitions  


Latest version.
  • As used or referred to in this title, unless
      a different meaning clearly appears from the context:
        1. "Agency" means the public benefit corporation  created  by  section
      two  thousand  forty-seven-c  of  this title, known as the Broome County
      resource recovery agency.
        2. "Area of operation" means the county of Broome.
        3. "Bonds" means the bonds, notes or other evidences  of  indebtedness
      issued  by  the agency 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.   "Cost"   as   applied  to  any  project,  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
      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  agency  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 agency.
        5. "County" means the county of Broome.
        6.   "Construction"   means   the   acquisition,  erection,  building,
      alteration,   improvement,   enlargement,   extension,   reconstruction,
      renovation  or  rehabilitation  of  a waste management-resource recovery
      facility; 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 preliminary or incidental thereto.
        7.  "Governing  body" means the members of the agency constituting and
      acting as the governing body of the agency.
        8. "Municipality" means any county, city, town,  village,  improvement
      district,  or  public  corporation  of  the  state,  or  any combination
      thereof.
        9. "Person" means any natural person, partnership, association,  joint
      venture or corporation, exclusive of a public corporation.
        10.  "Project"  means any waste management-resource recovery facility,
      the  planning,  development,  financing,  construction,   operation   or
      maintenance  of which is authorized to be undertaken in whole or in part
      by the agency pursuant to this title.
        11. "Real property" means lands, structures, franchises and  interests
      in  land,  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 judgment, mortgages or otherwise.
        12.  "Resource recovery" means the separation, extraction and recovery
      of  usable  materials,  energy  or  heat  from  waste   through   source
      separation,  recycling centers, incineration or other programs, projects
      or facilities.
        13. "Revenues" means all rates, fees, rents, charges and other  income
      derived by the agency from its operations.
        14.  "Solid  waste"  means all solid materials or substances which are
      useless, unused, unwanted or discarded and which have no market or other
      value at its place of location,  including  garbage,  refuse  and  other
      discarded  solid  materials,  including  solid-waste materials resulting
      from  industrial,  commercial  and  agricultural  operations,  and  from
      community activities, but does not include solids or dissolved materials
      in  domestic  sewage or other significant pollutants in water resources,
      such as silt, dissolved or suspended solids in  industrial  waste  water
      effluents,  dissolved  materials  in  irrigation  return  flows or other
      common water pollutants or special nuclear or by-product material within
      the meaning of the Atomic Energy Act of  1954,  as  amended,  and  waste
      which  appears  on  the  list  of  hazardous  waste  promulgated  by the
      commissioner of environmental conservation pursuant to  section  27-0903
      of the environmental conservation law.
        15.  "Solid waste management-resource recovery facility" or "facility"
      means  any  facility,  plant,  works,   system,   building,   structure,
      improvement,  machinery,  equipment,  fixture  or other real or personal
      property which is to be used, occupied or employed for  the  collecting,
      receiving, transporting, storing, 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   facilities,   sanitary
      landfills,  plants  and  facilities  for   compacting,   composting   or
      pyrolization  of  solid  wastes,  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.
        16. "State" means the state of New York.
        17. "Source separation" means the segregation of recyclable  materials
      from   the  waste  stream  at  the  point  of  generation  for  separate
      collection, sale or other disposition.
        18. "Waste" shall mean solid waste.
        * NB There are 2 § 2047-b's