Section 2050-B. Definitions  


Latest version.
  • As used or referred to in this title, unless a
      different meaning clearly appears in the context,  the  following  terms
      shall have the following meanings:
        1.  "Agency"  means  the public benefit corporation created by section
      two thousand fifty-c of this title, known as the Ulster county  resource
      recovery agency.
        2. "Area of operation" means the county of Ulster.
        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 building 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, credit enhancement 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 Ulster.
        6. "County legislature" means the legislative body of the county.
        7.  "Construction"  means   the   acquisition,   erection,   building,
      alteration,     improvement,     increase,    enlargement,    extension,
      reconstruction,  renovation  or  rehabilitation   of   a   solid   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 incidental thereto.
        8. "Governing body" means the members of the agency  constituting  and
      acting as the governing body of the agency.
        9.  "Municipality"  means any county, city, town, village, improvement
      district, or  public  corporation  of  the  state,  or  any  combination
      thereof.
        10. "Person" means any natural person, partnership, association, joint
      venture or corporation, exclusive of a public corporation.
        11.  "Project"  means  any  solid  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.
        12.  "Real  property" means lands, structures, franchises and interest
      in lands, 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 interest
      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.
        13. "Resources recovery" means the separation, extraction and recovery
      of  usable  materials,  energy  or  heat from solid waste through source
      separation, recycling centers or other programs, projects or facilities.
        14. "Revenues" means all rates, fees, rents, charges and other  income
      derived by the agency from its operation.
        15.  "Solid  waste"  means  all  materials  or substances discarded or
      rejected as being spent, useless, worthless, or in excess to the  owners
      at  the  time of such discard or rejection, including but not limited to
      garbage, refuse, industrial and commercial waste, 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, source, 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 of hazardous waste promulgated by  the  commissioner
      of  environmental  conservation  pursuant  to  section  27-0903  of  the
      environmental conservation law.
        16. "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 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,  landspreading  facilities,  waste oil storage, reprocessing
      and  recycling  facilities,  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.
      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.
        17. "State" means the state of New York.
        18.  "Source separation" means the segregation of recyclable materials
      from the solid waste stream at the  point  of  generation  for  separate
      collection, sale or other disposition.