Section 2051-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 fifty-one-c of this title, known as the county of
      Franklin solid waste management authority.
        2.  "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  shall  apply
      with  equal  force  and  effect  to notes and noteholders, respectively,
      unless the context otherwise clearly requires.
        3. "Construction" shall  mean  the  acquisition,  erection,  building,
      alteration,     improvement,     increase,    enlargement,    extension,
      reconstruction, renovation or rehabilitation of a solid waste management
      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.
        4.  "Cost", as applied to any project, shall mean and include 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,  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  consultant  and legal services, the cost of lease guarantee or
      bond insurance and the cost of other expenses necessary or incidental to
      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,  the  financing  of  the  placing of any project in operation and
      reimbursement to the county, any municipality,  and  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.
        5. "County" shall mean the county of Franklin.
        6.   "Governing   body"  shall  mean  the  members  of  the  authority
      constituting and acting as the governing body of the authority.
        7. "Municipality" shall mean any county, city, town,  village  or  any
      combination thereof.
        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  management  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.
        10. "Real property"  shall  mean  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 judgments, mortgages or otherwise.
    
        11.  "Resource  recovery"  shall  mean  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.
        12.  "Revenues"  shall  mean all rates, fees, rents, charges and other
      income derived by the authority from its operations.
        13. "Solid waste" shall mean 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 or satisfies the characteristics of hazardous  waste
      promulgated  by  the commissioner of environmental conservation pursuant
      to section 27-0903 of the environmental conservation law.
        14. "Solid waste management facility" or  "facility"  shall  mean  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 beyond the initial solid waste
      collection process for the 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,  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 source separation equipment and disposal equipment as  defined
      in  subdivisions  four  and five of section 51-0903 of the environmental
      conservation law.
        15. "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.
        16. "State" shall mean the state of New York.
        * NB There are 3 § 2051-b's