Section 2050-BB. Definitions

As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Area of operation" means area within the boundaries of those towns
  included  in  subdivision  eighteen  of  this  section  which  elect  to
  participate in the authority pursuant to subdivision four of section two
  thousand fifty-cc of this title.
    2. "Authority" means the public benefit corporation created by section
  two thousand fifty-cc of this title, known  as  the  Eastern  Rensselaer
  county solid waste management authority.
    3.  "Bonds"  means 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"   means   the   acquisition,  erection,  building,
  alteration,  repair,  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.
    5.  "Cost"  as  applied to any project, means and includes the cost of
  construction, the cost of the acquisition of all 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 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 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 either of the towns, 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 authority.
    6.  "Governing  body"  means the members of the authority constituting
  and acting as the governing body of the authority.
    7. "Legislative body" or "legislative bodies" means either or  all  of
  the legislatures of those towns included in subdivision eighteen of this
  section.
    8.  "Municipality"  means any county, city, town, village, improvement
  district, or area  established  under  the  town  law,  refuse  district
  established under the county law, district or area having powers similar
  to a refuse district created under any general or special law, 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  solid  waste  management-resource  recovery
  facility,  and  any  appurtenances  thereto  necessary  or  desirable to
  promote the efficiency or effectiveness of any facility,  the  planning,

  development, financing, construction, operation, or maintenance of which
  is  authorized  to  be  undertaken  in whole or in part by the authority
  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 and all claims
  for damage for such real property.
    12. "Resource 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.
    13. "Revenues" means all rates, fees, rents, charges and other  income
  derived by the authority from its operation.
    14.  "Solid  waste"  means  all  putrescible and non-putrescible solid
  wastes, including, but not limited to, 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,  or  are  being
  accumulated, stored, or physically, chemically or  biologically  treated
  prior  to being discarded or rejected, having served their intended use,
  or as  a  manufacturing  by-product,  including,  but  not  limited  to,
  garbage,  refuse,  industrial, commercial and agricultural 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, 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.
    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 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,   co-composting
  recycling  facilities  and  other  solid  waste  disposal,  reduction or
  conversion facilities and resource recovery equipment, source separation
  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  designated
  in subdivision two-a of section two of the public service law.

    16.  "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.
    17. "State" means the state of New York.
    18.  "Towns"  means  the  towns  of  Stephentown,  Berlin, Petersburg,
  Grafton,  Hoosick,  Pittstown,  Poestenkill,  Schaghticoke,  Sand  Lake,
  Nassau,   Schodack,  Brunswick,  village  of  Schaghticoke,  village  of
  Castleton-on-Hudson, village of Nassau, village of Valley Falls, and the
  village of Hoosick jointly or individually as shall be determined by the
  usage of such terms in this title, or such  of  them  that  satisfy  the
  requirements  of  subdivision  four  of section two thousand fifty-cc of
  this title by filing the certificate required by that section.